[Res. 2011-12, 10/17/2011]
Incorporating the aforesaid recitals as an integral part hereof,[1] the Borough establishes, agrees and consents to the establishment of a Uniform Construction Code Board of Appeals and the following shall be applicable in relation thereto.
[1]
Editor's Note: The recitals of Res. 2011-12 stated that the Borough adopted Ord. No. 2004-2 and, by which, it elected to administer and enforce the provisions of the Uniform Construction Code Act. (Ordinance 2004-2 is codified in Part 2 of Chapter 4 of this Code.) The recitals further stated that the Act and the Regulations thereunder, as well as Ord. 2004-2, authorize the establishment of a Board of Appeals.
[Res. 2011-12, 10/17/2011]
The Uniform Construction Code Board of Appeals shall hear and rule on appeals, requests for variances and requests for extensions of time and otherwise as authorized by the Act (i.e., the Pennsylvania Construction Code Act, Act 45 of 1999 (35 P.S. § 7210.101 et seq., as amended), and the regulations promulgated in relation thereto. A Board of Appeals shall only consider those factors permitted by law or by regulation, all as amended from time to time, in deciding an appeal.
[Res. 2011-12, 10/17/2011]
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. 
A member of the Board of Appeals shall hold office at the pleasure of the Borough by which he or she has been appointed.
3. 
A Councilman or Councilwoman of the Borough of Burnham, an employee of the Borough, and its approved Code Department and its Code Administrator and employees of the Code Administrator may not serve on the Board of Appeals.
4. 
The Borough may fill the position of its appointee to the Board of Appeals with a qualified person who resides outside of the Borough when the Borough Council cannot find a person within the Borough who satisfies the requirements of the above provisions of the Act and the regulations promulgated thereunder, as amended from time to time.
5. 
It is agreed that the Uniform Construction Code Board of Appeals (hereinafter the "Board of Appeals") of the Borough of Burnham shall consist of three members for the purpose of hearing and reviewing appeals, requests for variances and requests for extension of time.
6. 
A Board of Appeals member may not cast a vote or participate in a hearing in any appeal, request for variance or request for extension of time which the member has a personal, professional or financial interest.
7. 
A quorum of the Board of Appeals for purposes of a hearing shall be a majority of the Board of Appeals members then in office.
8. 
A majority of the quorum of the Board of Appeals who are physically present and who hear the testimony in any particular case shall be necessary to transact business and take action.
9. 
The Board of Appeals shall schedule meetings and hearings and shall provide public notice of meetings and hearings in accordance with 65 Pa.C.S. § 701 et seq., as amended (the "Sunshine Act").
10. 
Notice of a hearing shall be required to be published once in a newspaper of general circulation in the municipality where the property which is the subject of the appeal is located, a copy of said notice shall be posted at the property which is the subject of the appeal and also at the location where the hearing of the Board of Appeals is to be held to consider the appeal. Notice shall be given or posted at least three full days prior to the day of the hearing.
11. 
The Board of Appeals may not act upon appeals, requests for a variance or requests for an extension of time relating to "accessibility" under the Act.
[Res. 2011-12, 10/17/2011]
The fee for an appeal to the Board of Appeals shall be established by resolution and shall not exceed the actual costs of the public notice of the hearing, the appearance fee of the Court Reporter and administrative fees, as necessary.[1] The Fee Schedule may be reviewed from time to time to determine reasonable rates for appeals, for hearing costs and otherwise revised accordingly.
[1]
Editor's Note: The current fee resolution is on file in the office of the Borough Secretary.
[Res. 2011-12, 10/17/2011]
1. 
Any owner or owner's agent may seek a variance or extension of time or appeal a Building Code Official's decision by filing a petition with the Codes Office on an acceptable form provided by the Codes Office.
2. 
The postmark date or the date of personal service will establish the filing date of the appeal and the request for variance or extension of time.
3. 
An appeal or request for variance or extension of time to the Board of Appeals will automatically suspend an action to enforce an order to correct until the matter is resolved. Nonetheless, anything to the contrary aforesaid, an action under Regulation § 403.84 (relating to unsafe building, structure or equipment) of the Uniform Construction Code (34 Pa. Code § 403.84) may not be stayed.
4. 
The Board of Appeals shall decide an appeal, variance request or request for extension of time by reviewing documents and a written brief or argument unless the owner or owner's agent requests a hearing.
A. 
This provision shall not be applicable to an appeal or request for a variance or extension of time involving the construction of a one-family or two-family residential building, in relation to which a hearing is required per the Act, 35 P.S. § 7210.501(c)(5), as amended, and § 325.5 of this Part 3C.
B. 
Anything in this Part 3C to the contrary notwithstanding, any appeal, variance request or request for extension of time made by reviewing documents and written brief or argument shall be made by the affirmative vote of a majority of the members of the Board of Appeals then in office who are present at a public meeting of the Board of Appeals at which a quorum of the Board of Appeals is present. The proceedings shall be recorded in the minutes of the public meeting, which shall reflect the aforesaid vote. Notice of such public meeting shall be given one time in a newspaper of general circulation within the municipality in which the property in question is located, by notice posted at the property in question of the date and time of the public meeting and at the building in which the public meeting is being held. Written notice of the public meeting shall be given to the owner, the applicant and the Building Code Official.
5. 
Pursuant to the Act, 35 P.S. § 7210.501(c)(5), as amended, in the case of an appeal or request for a variance or extension of time involving the construction of a one-family or two-family residential building, the Board of Appeals shall convene a hearing within 30 days of the appeal. The Board of Appeals shall render a written decision to the parties within five business days of the last hearing. If the Board of Appeals fails to act within such time, the appeal shall be deemed granted.
6. 
Otherwise, 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. A written decision shall be rendered within 45 days of the last hearing.
7. 
The Board of Appeals shall only consider the following factors when deciding an appeal under § 501(c)(2) [35 P.S. § 7210.501(c)(2)] of the Act:
A. 
The true intent of the Act or Uniform Construction Code (i.e., the Regulations legally adopted under the Act) was incorrectly interpreted.
B. 
The provisions of the Act do not apply.
C. 
An equivalent form of construction is to be used.
8. 
The Board of Appeals may consider the following factors when ruling upon a request for extension of time or the request for variance:
A. 
The reasonableness of the Uniform Construction Code's application in a particular case.
B. 
The extent to which the granting of a variance or extension of time will pose a violation of the Uniform Construction Code or an unsafe condition.
C. 
The availability of professional or technical personnel needed to come into compliance.
D. 
The availability of materials and equipment needed to come into compliance.
E. 
The efforts being made to come into compliance as quickly as possible.
F. 
Compensatory features that will provide for an equivalent degree of protection to the Uniform Construction Code.
9. 
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:
A. 
Deny the request in whole or in part.
B. 
Grant the request in whole or in part.
C. 
Grant the request upon certain conditions being satisfied.
10. 
The Board of Appeals shall provide a written notice of its decision to the owner, the applicant and to the Building Code Official.
11. 
An owner shall file an appeal, request for variances and request for extensions of time relating to accessibility with the Accessibility Advisory Board under Regulation 34 Pa. Code § 403.142 of the Uniform Construction Code (relating to Accessibility Advisory Board).
12. 
It is the intent of this Subpart C that proceedings at all times should be in accord with the law and the regulations as adopted by the Commonwealth of Pennsylvania, as amended, from time to time.