[Ord. 194, 9/21/1989, § 1]
The Township of Cranberry hereby establishes a board of the
Township to be known as the "Building and Fire Codes Appeals Board
of Cranberry Township," hereafter referred to as the "Board" who shall
decide appeals concerning the Building and Fire Codes.
[Ord. 194, 9/21/1989, § 2]
The membership of the Board shall consist of five members who
shall be qualified by experience and training to rule on matters pertaining
to building construction and fire prevention. The terms of office
shall be three years, except that of the membership of the Board first
appointed: two members shall serve until the 31st day of December
following adoption of this chapter; two members shall serve until
the 31st day of the second December following the adoption of this
chapter; and one member shall serve until the 31st day of the third
December following the adoption of this Part 4B.
[Ord. 194, 9/21/1989, § 3]
1.
The Building and Fire Codes Appeals Board shall be responsible for
hearing appeals on rulings by the Building Official or Fire Official
in enforcing the Building and Fire Codes of the Township.
2.
The Building and Fire Codes Appeals Board shall perform the following
duties:
A.
Duties Relative to Errors. To hear and decide appeals where it is
alleged that there is an error in any order, requirement, decision
or determination made by the Building Official or the Fire Official
in the enforcement of the Building and Fire Codes.
B.
Duties Relative to Code Modification. The Board may vary or modify
the application of the Building and Fire Codes when it has been demonstrated
by a fair preponderance of evidence or evidence that the provisions
of the code in question should not fully apply due to unusual conditions
or circumstances (provided, however, that financial hardship shall
not constitute unusual conditions or circumstances) or that an equally
good or better form of construction or method of construction can
be used.
C.
Upon request of the Board of Supervisors, or upon its own initiative,
make recommendations to the Board of Supervisors concerning amendments
to the Building and Fire Codes.
D.
Upon request of the Board of Supervisors, or upon its own initiative,
prepare and present to the Board of Supervisors proposed amendments
to the Building and Fire Codes.
3.
The Local Agency Law, 2 Pa.C.S.A. § 105 et seq., shall
govern the practice and procedure of the Building and Fire Code Appeals
Board; provided, however, nothing in this subsection shall prohibit
the Appeals Board from adopting reasonable rules of practice and procedure.
[Ord. 194, 9/21/1989, § 4]
Appeals to the Building and Fire Codes Appeals Board shall be
heard by the Board and shall be contingent upon payment of the required
fees at the time an appeal is taken. Fees are established from time
to time by resolution of the Board of Supervisors.
