[Adopted 6-8-2004 by Ord. No. 1824; amended in its entirety 9-14-2004 by Ord. No. 1828[1]]
[1]
Editor's Note: This article also provided that it shall be effective 7-1-2004.
The Township of Shaler hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103, as amended from time to time, and its regulations.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401 through 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of Shaler Township.
Administration and enforcement of the code within the Township of Shaler shall be undertaken in any of the following ways, as determined by the Board of Commissioners of Shaler Township from time to time by resolution:
A. 
By the designation of an employee of Shaler Township to serve as the municipal code official to act on behalf of Shaler Township.
B. 
By the retention of one or more construction code officials or third-party agencies to act on behalf of Shaler Township.
C. 
By agreement with one or more other municipalities for the joint administration and enforcement of the Uniform Construction Code through an intermunicipal agreement.
D. 
By entering into a contract with another municipality for the administration and enforcement of the Uniform Construction Code on behalf of Shaler Township.
E. 
By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.
[Amended 7-10-2012 by Ord. No. 1910]
A. 
Establishment of Municipal Appeals Board. A Shaler Township Uniform Construction Code Municipal Appeals Board (hereinafter "Municipal Appeals Board" or "Board of Appeals"), for the administration and enforcement of the Pennsylvania Uniform Construction Code, is hereby established as provided in Chapter 1 of the 1999 BOCA National Building Code, 14th Edition, to hear appeals from decisions of the Township UCC Code Administrator.
B. 
Composition of Municipal Appeals Board.
(1) 
Membership of the Board. The Municipal Appeals Board shall consist of five members appointed by the Board of Commissioners, as follows:
(a) 
One for five years, one for four years, one for three years, one for two years, and one for one year.
(b) 
Thereafter, each new member shall serve for five years or until a successor has been appointed.
(c) 
A member of the Board of Appeals may not be an employee of the Township. Members of the Township's governing body and its code administrators may not serve on the Board of Appeals.
(2) 
Alternate members. The Board of Commissioners shall appoint two or more alternate members who shall be called by the Board Chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership and shall be appointed for five years, or until a successor has been appointed.
C. 
Qualifications and filling of positions on the Municipal Appeals Board.
(1) 
Qualifications. A member of the Board of Appeals shall be qualified by training or 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) 
Filling positions on Municipal Appeals Board. The Township may fill a position on the Municipal Appeals Board with a qualified person who resides outside of the Township when it cannot find a person within the Township who satisfies the requirements of this section.
(3) 
Members serve at pleasure of Board of Commissioners. A member appointed to the Municipal Appeals Board holds office at the pleasure of the Township Board of Commissioners appointing such member.
D. 
Organization, compensation and conflicts of interest.
(1) 
Organization. The Board shall annually organize by the election of one of its number as the chairperson and one as a vice chairperson, who shall hold office until their successors are elected and qualified. The Township Manager shall designate a qualified clerk to serve as secretary to the Board. The secretary shall file a detailed record of all proceedings in the office of the Township Manager.
(2) 
Compensation of Board members for hearings attended. Compensation of members shall be set by the Board of Commissioners as determined by law.
(3) 
Disqualification of member and conflicts of interest. A Municipal Appeals Board member may not participate in a hearing on any appeal in which the member has a personal, professional or financial interest. If a question arises concerning whether or not a Municipal Appeals Board member has a personal, professional or financial interest, the Board member may consult with the Appeals Board Solicitor, and the Solicitor shall render a legal opinion concerning whether or not the member has a personal, professional or financial conflict of interest.
E. 
Means of appeal; application for appeal. Any person directly affected by a decision of the Code Administrator shall have the right to appeal the decision of the Code Administrator to the Shaler Township Municipal Appeals Board, provided that the written application for appeal is filed within 20 days after the day of the decision, order or notice was served. An application for appeal shall be based on a claim that the true intent of the Act or the UCC has been incorrectly interpreted, the provisions of the Act or the UCC do not fully apply or an equivalent form of construction is to be used. An application for appeal shall be filed with the UCC Code Administrator and the Township Manager.
F. 
Appeals, variances and extensions of time.
(1) 
Application. An owner or owner's agent may seek a variance or extension of time or appeal a Code Administrator's decision by filing an application with the Code Administrator and the Township Manager.
(2) 
Filing date. The postmark date or the date of personal service shall establish the filing date of the appeal and request for variance or extension of time.
(3) 
Automatic suspension of order to correct. An appeal to the Municipal Appeals Board will automatically suspend an action to enforce an order to correct until the matter is resolved.
(4) 
No stay of unsafe building, structure or equipment. An action under 34 Pa. Code § 403.84 (relating to unsafe building, structure or equipment) may not be stayed.
(5) 
Appeals without a request for a hearing. The Municipal Appeals Board shall decide an appeal by reviewing documents and a written brief or argument, unless the owner or owner's agent requests a hearing.
(6) 
Appeals with a request for a hearing. If the owner or owner's agent requests a hearing, the Municipal Appeals Board shall schedule a hearing and notify the owner or owner's agent and the Building Code Administrator of the date, time and place of the hearing.
(7) 
Notice of meeting. The Board shall meet upon notice from the Chairperson, within 10 days of the filing of an appeal or at stated periodic meetings.
(8) 
Fees. The fee for an appeal to the Board of Appeals for administering and enforcing this section shall not exceed actual costs of the public notice of the hearing, appearance fee for the court reporter and administrative fees as necessary.
G. 
Hearings and meetings.
(1) 
Notice. The Municipal Appeals Board shall schedule meetings and hearings as well as provide notice of the meetings and hearings in accordance with the Pennsylvania Sunshine Act, 65 P.S. §§ 701 through 716.
(2) 
Hearings on appeals within 45 days. The Municipal Appeals Board shall convene a hearing within 45 days from the date of an applicant's request unless the applicant agrees, in writing, to an extension of time. The Board of Appeals shall render a written decision to the parties within 45 days of the last hearing. If the Board of Appeals fails to act within this time period, the appeal shall be deemed granted.
(3) 
Hearings on appeals involving one-family and two-family residential buildings. In the case of an appeal or request for 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 this time period, the appeal shall be deemed granted.
(4) 
Open hearing. All hearings before the Board shall be open to the public. The appellant, the appellant's representative, the Code Administrator and any person whose interests are affected shall be given an opportunity to be heard.
(5) 
Procedure. The Municipal Appeals Board is authorized to establish policies and procedures necessary to carry out its duties and under which a hearing will be conducted. The policies and procedures, which shall be made available to the public, shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
(6) 
Stenographic record. A stenographic record shall be made of the hearing. The appearance fee for a stenographer shall be paid by the person appealing and requesting the hearing.
(7) 
Written materials, plans and maps. The appellant shall submit to the Municipal Appeals Board all written materials, drawings, plot plans and maps not less than 14 days prior to the scheduled date of the municipal appeal hearing in such format as requested by the Board.
(8) 
Quorum to convene a meeting or hearing. A quorum of the Municipal Appeals Board shall consist of any combination of three members. Five voting members shall be the maximum number of members permitted to hear any appeal hearing.
(9) 
Postponed hearings. When five members of the Board are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
(10) 
Board decision. The Board shall modify or reverse the decision of the Code Administrator by a concurring vote of 2/3 of its members present at the hearing. The Municipal Appeals Board 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.
(11) 
Factors to be considered in deciding an appeal. The Municipal Appeals Board shall only consider the following factors when deciding an appeal under Section 501(c)(2) of the Act:
(a) 
The true intent of the Act adopting the Uniform Construction Code was incorrectly interpreted.
(b) 
The provisions of the Act do not apply.
(c) 
An equivalent form of construction is to be used.
(12) 
Factors to be considered when ruling upon a request for extension of time or request for variance. The Municipal Appeals Board may consider the following factors when ruling upon a request for extension of time or a request for a 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 an 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 an equivalent degree of protection to the Uniform Construction Code.
(13) 
Interpretation of the Uniform Construction Code. In interpreting a provision of a code adopted by regulation of the Department as part of the Uniform Construction Code, a construction code official, a board of appeal and a court shall consider and may rely upon relevant written interpretations of the ICC (International Code Council) or any organization whose referenced standard is relevant and listed in the Uniform Construction Code or the regulations promulgated under this Act or any municipal code construction ordinance.
(14) 
Records and copies. The decision of the Board shall be recorded and copies shall be furnished to the appellant and to the Code Administrator.
(15) 
Administration. The Code Administrator shall take immediate action in accordance with the decision of the Board.
H. 
Accessibility. The Board of Appeals may not act upon appeals, requests for variances or requests for extension of time relating to accessibility under the Act. An owner or applicant shall file an appeal for variances and request for extension of time relating to accessibility with the Accessibility Advisory Board under 34 Pa. Code § 403.142 (relating to Accessibility Advisory Board).
A. 
All building code ordinances or portions of ordinances which were adopted by Shaler Township on or before July 1, 1999, and which equal or exceed the requirements of the code, shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the code, as amended from time to time.
B. 
All building code ordinances or portions of ordinances which are in effect as of the effective date of this article and whose requirements are less than the minimum requirements of the Code are hereby amended to conform with the comparable provisions of the code.
C. 
All relevant ordinances, regulations and policies of Shaler Township not governed by the code shall remain in full force and effect.
Fees assessable by Shaler Township for the administration and enforcement undertaken pursuant to this article and the code shall be established by the Board of Commissioners by resolution from time to time.