[Adopted 2-6-2018 by Res.
No. 2018-7]
The Fire Code Board of Appeals shall consist of three members
appointed by the Board of Supervisors, shall serve at the pleasure
of the Board of Supervisors and shall serve without compensation.
Each member shall serve a three-year term whose term shall expire
on the first Monday of January, provided that the members of said
Board of Appeals first appointed shall be appointed for varying terms
so that no more than one term shall expire annually. Such members
shall not be employees of the Township of Upper Southampton.
The Fire Code Board of Appeals shall annually select one of
its members to serve as chairman.
The Fire Code Official shall be an ex officio member of the
Fire Code Board of Appeals but shall not have any vote on any matter
before the Board.
The members of the Fire Code Board of Appeals shall possess
knowledge and experience to pass and decide matters pertaining to
hazards of fire, explosions, hazardous conditions or fire protection
systems. The position of member of the Fire Code Board of Appeals
may be held by a qualified person who resides outside of Upper Southampton
Township when a person cannot be found within the Township who satisfies
the requirements of this section.
The Township shall furnish legal counsel to the Fire Code Board
of Appeals to provide members with general legal advice concerning
matters before them for consideration. Members shall be represented
by legal counsel at the Township's expense in all matters arising
from service within the scope of their duties.
The Fire Code Board of Appeals will conduct its practice and
procedure in accordance with Pennsylvania Local Agency Law, 2 Pa.C.S.A.
§§ 551 through 555. Parties who wish to file an appeal
to the Fire Code Board of Appeals shall submit an application, on
a form supplied by the Township, which shall describe in detail the
nature of the appeal with specific references to relevant sections
of the International Fire Code. An application for appeal shall be
based on a claim that the intent of the Code or rules legally adopted
hereunder has been incorrectly interpreted, the provisions of the
Code do not fully apply, or an equivalent method of protection or
safety is proposed. The Board shall have no authority to waive requirements
of the International Fire Code.
All decisions and findings of the Fire Code Board of Appeals
shall be delivered to the appellant with a duplicate copy to the Fire
Code Official. All hearings shall be held within 30 days from date
of application. All decisions and adjudications shall include findings
of fact and conclusions of law and rendered, in writing, and served
upon interested parties within 45 days of the last hearing. A person
aggrieved by the decision and adjudication by the Fire Code of Appeals
who has a direct interest in such decision and adjudication shall
have the right to appeal therefrom to the court vested with jurisdiction
of such appeal in accordance with 2 Pa.C.S.A. §§ 751
through 754.
This article shall become effective immediately upon adoption.
