Tobyhanna Township 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, together with its regulations.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401 through 405, as amended from time to time, together with its regulations,
is incorporated herein by reference and is hereby adopted as the municipal
Building Code of Tobyhanna Township.
Administration and enforcement of the code within Tobyhanna
Township shall be undertaken as determined by the Township Board of
Supervisors in accordance with the Pennsylvania Uniform Construction
Code.
[Amended 9-11-2017 by Ord. No. 538]
A.
Creation of Appeals Board. A Building Code Board of Appeals (hereinafter
"Appeals Board") is hereby established in conformity with the requirements
of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S.
§§ 7210.101 through 7210.1103; § 501(c) and
Title 34 Pa. Code, § 403.121. The Appeals Board shall hear
and rule on appeals, requests for variances and requests for extensions
of time.
B.
C.
Qualification of members. The members of the Appeals Board shall,
in the discretion of the Board of Supervisors, 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 or training or experience
as an inspector or plan reviewer. No member of the Board of Supervisors
or any code inspector employed by the Township may serve on the Appeals
Board. If the Board of Supervisors is unable to find a sufficient
number of qualified individuals who reside within the Township, it
may appoint a qualified person who resides outside of the Township
to fill a position.
D.
Alternate members. The Board of Supervisors shall appoint two alternate
members who shall be called by the Appeals Board Chairperson to hear
appeals in the event of 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.
E.
Intergovernmental cooperation. The Board of Supervisors is hereby
authorized to enter into an intergovernmental cooperation agreement
with one or more municipalities to create an Appeals Board.
F.
Chairperson and Secretary. The Appeals Board shall annually select
one of its members to serve as Chairperson and Secretary. The Secretary
shall file a detailed record of all proceedings in the office of the
Township Manager.
G.
Disqualification of member. A member of the Appeals Board shall not
hear an appeal in which that member has any personal, professional
or financial interest.
H.
Operation of Board of Appeals. The procedure for conduct of hearing
and notices of hearings may be established by resolution of the Board
of Supervisors and shall be consistent with Pennsylvania law and regulations
of the Pennsylvania Department of Labor and Industry.
A.
All Building Code ordinances or portions of ordinances which were
adopted by Tobyhanna 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, or until such time as the Township repeals such previously
adopted requirements.
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 Tobyhanna Township
not governed by the code shall remain in full force and effect.
