[HISTORY: Adopted by the Board of Commissioners of the Township of Stowe 3-14-2017 by Ord. No. 998. Amendments noted where applicable.]
The Township hereby creates a Construction Code Board of Appeals pursuant to 35 P.S. § 7210.501(c) and 34 Pa. Code § 403.121.
The powers and duties of the Construction Code Board of Appeals shall be as prescribed under 35 P.S. § 7210.501 and 34 Pa. Code § 403.121, as may be amended from time to time.
The Board of Appeals shall hear and rule on appeals, requests for variances and requests for extensions of time. 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.
A. 
Appointment. The Chairman of the Board of Commissioners shall appoint the members of the Construction Code Board of Appeals with the advice and consent of the majority of all the members of the Board of Commissioners.
B. 
Number of members. The Construction Code Board of Appeals shall consist of three members.
C. 
Qualifications. Members 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.
D. 
Membership restrictions. Members of the Stowe Township Board of Commissioners and Stowe Township code administrators may not serve on the Board of Appeals.
E. 
Residency of members. Members of the Construction Code Board of Appeals may be residents of the Township, unless a position on the Board cannot be filled with a person residing in the Township having the minimum qualifications, in which case a qualified person who resides outside of the Township may serve as a member.
F. 
Vacancies. The Board of Commissioners may declare a vacancy on the Construction Code Board of Appeals upon the death, removal, permanent disability or removal from the Township of any member of the said Board. A qualified person shall be appointed to fill the unexpired term of the vacated office. Appointments to fill vacancies shall be only for the unexpired portion of any term. Vacancies shall be filled by the Board of Commissioners within 60 days of notification from the Chairman of the Construction Code Board of Appeals that a vacancy occurs.
G. 
Removal. Any member of the Construction Code Board of Appeals may be removed prior to the expiration of an appointed term of the member by the Board of Commissioners in accordance with the laws of the Commonwealth of Pennsylvania applicable to the Pennsylvania Construction Code.[1] A member of the Construction Code Board of Appeals shall serve at the will of the Board of Commissioners.
[1]
Editor's Note: See 34 Pa. Code Chapters 401 to 405.
H. 
Conflict. No member of the Construction Code Board of Appeals may hear an appeal in which that member has any personal, professional, or financial interest.
I. 
Term of office. The term of office of a member of the Construction Code Board of Appeals shall be for a period of three years. During the first year of effective date of this chapter, one member shall be appointed for a term expiring December 31, 2017, one member shall be appointed for a term expiring December 31, 2018, and one member shall be appointed for a term expiring December 31, 2019. Thereafter, in each succeeding year, the Board of Commissioners shall appoint members of the Construction Code Board of Appeals for appropriate terms at the annual reorganization meeting of the Board of Commissioners.
J. 
Compensation. No member of the Construction Code Board of Appeals shall be compensated for duties performed in such office.
A. 
Chairman and Vice Chairman. A Chairman and Vice Chairman of the Construction Code Board of Appeals shall be elected by the members in January of each year. Each such officer shall serve a one-year term.
B. 
Secretary. The members of the Construction Code Board of Appeal may elect one of their own members as Secretary. The Secretary, if elected from the membership, shall serve a one-year term.
A. 
All meetings and hearings of the Construction Code Board of Appeals shall be open to the public, unless otherwise permitted by law.
B. 
Regular and special meetings of the Board shall be held as necessary at the call of the Chairman. The first meeting of each year shall constitute the annual organization meeting of the Board.
C. 
A quorum shall consist of at least a majority of all members of the Board.
D. 
The Chairman or, in his absence, the Vice Chairman shall administer oaths and may compel the attendance of witnesses when required by law, in accordance with the provisions of the laws of the commonwealth.
E. 
The Secretary or his designee shall keep minutes of Board of Appeals proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact.
The Construction Code Board of Appeals shall have no authority to spend Township funds unless provided for in the budget, as specifically approved by the Board of Commissioners.
Within the limit of funds appropriated by the Board of Commissioners, the Construction Code Board of Appeals may employ or contract, from time to time, for secretaries, legal counsel other than the Township Solicitor, consultants, and other technical and clerical services.
It is hereby declared to be the intention of the Board of Commissioners that the chapters, parts, sections, paragraphs, sentences, clauses, and phrases of this chapter are severable. If any section, paragraph, sentence, clause or phrase of this chapter is declared unconstitutional, illegal, or otherwise invalid by judgment or decree of a court with competent jurisdiction, that invalidity shall not affect any of the remaining chapters, parts, sections, paragraphs, sentences, clauses, or phrases of this codification.