[Ord. No. 487, 2/22/2022]
The Township of North Fayette hereby establishes a board of the Township to be known as the "Building, Fire, and Property Maintenance Codes Appeals Board of the Township of North Fayette," hereafter referred to as the "Codes Appeals Board" who shall decide appeals concerning the Building Code (Uniform Construction Code), Fire Code, and Property Maintenance Code.
[Ord. No. 487, 2/22/2022]
The Board of Supervisors shall appoint Code Administrators to administer various Township ordinances and regulations, including the Building Code, Fire Code, and Property Maintenance Code. Officials appointed as Code Administrators may include the Zoning Officer, Deputy Zoning Officers, Building Code Officials, Fire Code Officials, and Code Enforcement Officers.
[Ord. No. 487, 2/22/2022]
1. 
An owner or owner's agent may seek a variance, extension of time, or appeal a decision of a Code Administrator with the Codes Appeals Board by filing a petition with the Township on a form provided by the Municipality.
2. 
The postmark date or the date of personal service will establish the filing date of the appeal and request for variance or extension of time.
3. 
An appeal, request for variance, or extension of time to the Codes Appeals Board will automatically suspend and action to enforce an order to correct until the matter is resolved. An action under the PA Uniform Construction Code Section 403.84 (relating to unsafe building, structure, or equipment) or an action under the fire or property maintenance code relating to an unsafe building or structure, occupancy of a structure or emergency measures may not be stayed.
[Ord. No. 487, 2/22/2022]
1. 
The membership of the Codes Appeals Board shall consist of five members and two alternates 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 Codes Appeals 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 ordinance. Alternates shall serve for a period of three years.
A. 
The Codes Appeals Board shall annually select one of its members to serve as Chairman.
B. 
The Codes Appeals Board shall annually select one of its members to serve as Vice Chairman
C. 
The Codes Appeals Board shall annually select one of its members to serve as Secretary.
2. 
Members of the Board of Supervisors, the Planning Commission, and the Zoning Hearing Board may not serve on the Codes Appeals Board.
3. 
Code Administrators and employees of the Township may not serve on a Codes Appeals Board.
4. 
Codes Appeals Board members may not cast a vote or participate in a hearing in any appeal, request for variance or request for an extension of time in which the member has a personal, professional, or financial interest.
[Ord. No. 487, 2/22/2022]
1. 
The Codes Appeals Board shall be responsible for hearing appeals on rulings by Code Administrators in enforcing the Building, Fire and Property Maintenance Codes of the Township.
2. 
The Codes Appeals Board shall perform the following duties:
A. 
The Codes Appeals Board shall hear and rule on appeals, requests for variances, and requests for extensions of time by reviewing documents and written brief or argument unless the owner or owner's agent requests a hearing. An application for appeal shall be based on a claim that the true intent of the act, Building Code, Fire Code, or Property Maintenance Code has been incorrectly interpreted, the provisions of the act or Building Code, Fire Code, or Property Maintenance Code do not fully apply, or an equivalent form of construction is to be used.
[Ord. No. 487, 2/22/2022]
1. 
If the owner or owner's agent requests a hearing, the Codes Appeals Board shall schedule a hearing and notify the owner or owner's agent, the Township Manager, and the Code Administrator of the date, time, and place of the hearing.
A. 
The Codes Appeals Board shall schedule meetings and provide public notice of meetings in accordance with 65 Pa.C.S.A. §§ 701 through 716 (relating to the Sunshine Act).
B. 
The owner or owner's agent, the Code Administrator, and any person whose interests are affected shall be given an opportunity to be heard.
2. 
The Codes Appeals Board shall hold a hearing within 60 days from the date of an applicant's request unless the applicant agreed in writing to an extension of time. The Codes Appeals Board shall convene a hearing within 30 days of receipt of an appeal or request for a variance or extension of time involving construction of a one- or two-family residential dwelling.
A. 
When all five members of the Codes Appeals Board are not present to hear an appeal, either the owner or owner's agent shall have the right to request a postponement of the hearing.
3. 
The Codes Appeals Board shall only consider the following factors when deciding an appeal under § 501(c)(2) of the PA Uniform Construction Code Act:
A. 
The true intent of the act or Building Code, Fire Code or Property Maintenance Code was incorrectly interpreted.
B. 
The provisions of the act do not apply.
C. 
An equivalent form of construction is to be used.
4. 
The Codes Appeals Board may consider the following factors when ruling upon a request for an extension of time or the request for a variance:
A. 
The reasonableness of other Building Code, Fire Code or Property Maintenance Code 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 Building Code, Fire Code or Property Maintenance Code or an unsafe condition.
C. 
The availability of professional, 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 an equivalent degree of taction to the Building Code, Fire Code or Property Maintenance Code.
5. 
The Codes Appeals Board may not act upon appeals, requests for variance or requests for an extension of time relating to accessibility under the PA Uniform Construction Code Act.
6. 
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.
7. 
The Codes Appeals Board shall provide a written notice of its decision to the owner, the Township Manager, and to the Code Administrator. The Codes Appeals Board shall render a written decision regarding an appeal or request for a variance or extension of time involving the construction of a one- or two-family residential building within five business days, or within 10 business days in cities of the first class, of the latest hearing. The appeal shall be deemed granted if the Board fails to act within this time period.
8. 
The Local Agency Law, 2 Pa.C.S.A. § 105 et seq., shall govern the practice and procedure of the Codes Appeals Board; provided, however, nothing in this subsection shall prohibit the Codes Appeals Board from adopting reasonable rules of practice and procedure.
[Ord. No. 487, 2/22/2022]
Appeals heard by the Codes Appeals Board shall be contingent upon payment of the required fees at the time an appeal application is filed with the Township. Fees are established from time to time by resolution of the Board of Supervisors.