[HISTORY: Adopted by the Board of Supervisors of the Township
of Lawrence 6-16-2009 by Ord. No. 2009-03. Amendments noted
where applicable.]
Lawrence Township and the Borough of Clearfield have agreed
to enforce and administer the Pennsylvania Uniform Construction Code
for the Township and the Borough and shall establish and appoint members
to serve on a Board of Appeals under Section 501(c) of the Act [35
P.S. § 7210.501(c)] and shall adhere to the following:
A.
The
Board of Appeals shall hear and rule on appeals.[1] An application for appeal shall be based on a claim that
the true intent of the Act or Uniform Construction Code has been incorrectly
interpreted, the provisions of the act or Uniform Construction Code
do not fully apply or an equivalent form of construction is to be
used.
[1]
Editor's Note: By Res. No. 2010-02, enacted 1-19-2010, Lawrence
Township and the Borough of Clearfield agreed that the joint Board
of Appeals established to enforce the Pennsylvania Uniform Construction
Code for the Township and the Borough shall also serve as the Board
of Appeals under the Property Maintenance Code.
B.
Composition
of Board.
(1)
A member of the Board of Appeals shall be qualified by training and
experience to pass on matters pertaining to building construction.
Training and experience may consist of licensure as an architect or
engineer, experience in the construction industry, and training or
experience as an inspector or plan reviewer.
(2)
The Board of Appeals shall consist of five members.
(3)
The term of each member of the Board of Appeals shall be three years.
(4)
The original joint Board of Appeals shall consist of three members
appointed by Lawrence Township and two members appointed by Clearfield
Borough. All five members of the Board shall serve for three years.
Upon the expiration of three years, Lawrence Township shall appoint
two members and Clearfield Borough shall appoint three members. All
five members shall serve for three years. Upon the expiration of the
three-year term, the members will be replaced on this alternating
basis by the Township and the Borough.
(5)
Township Supervisors, Borough Council members and their code administrators
may not serve on the Board of Appeals.
(6)
A Board of Appeals member may not cast a vote or participate in a
hearing in any appeal in which the member has a personal, professional
or financial interest.
(7)
The Board of Appeals shall schedule meetings and provide public notice
of meetings in accordance with 65 Pa.C.S.A. §§ 701-706
(relating to the Sunshine Act).
C.
Appeals.
(1)
Any owner or owner's agent may appeal a Building Code Official's
decision by filing a petition with the Building Code Official or other
person designated by the Board of Appeals on an acceptable form.
(2)
The postmark date or the date of personal service will establish
the filing date of the appeal.
(3)
An appeal to the Board of Appeals will automatically suspend an action
to enforce an order to correct until the matter is resolved. An action
under § 403.84 (relating to unsafe building, structure or
equipment) may not be stayed.
(4)
The Board of Appeals shall decide an appeal by reviewing documents
and written brief or argument unless the owner or owner's agent
requests a hearing.
(5)
The Board of Appeals shall hold a hearing within 60 days from the
date of the applicant's request unless the applicant agrees in
writing to an extension of time.
(6)
The Board of Appeals shall only consider the following factors when
deciding an appeal under § 501(c)(2) of the act:
(7)
If the owner or owner's agent requests a hearing, the Board
of Appeals shall schedule a hearing and notify the owner or owner's
agent and Building Code Official of the date, time and place of the
hearing. The Board of Appeals may:
(8)
Deny the request in whole or in part.
(9)
Grant the request in whole or in part.
(10)
Grant the request upon certain conditions being satisfied.
(11)
The Board of Appeals shall provide a written notice of its decision
to the owner and the Building Code Official.
D.
Fees.
The Township and the Borough shall set a fee schedule for hearings
and related appeals. The fee schedule may be reviewed from time to
time to determine reasonable rates for hearing costs.
