BOARD OF APPEALS
§ 403.121. Board of appeals.
(a) A municipality which has adopted an ordinance for the administration and enforcement of the Uniform Construction Code or is a party to an agreement for the joint administration and enforcement of the Uniform Construction Code shall establish and appoint members to serve on a board of appeals under section 501(c) of the act (35 P. S. § 7210.501(c)).
(b) 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.
(c) The composition of a board of appeals is governed by all of the following:
(1) A member of the board of appeals 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.
(2) A member of the board of appeals holds office at the pleasure of the municipality’s governing body.
(3) Members of a municipality’s governing body and its code administrators may not serve on a board of appeals.
(4) A municipality may fill a position on the board of appeals with a qualified person who resides outside of the municipality when it cannot find a person within the municipality who satisfies the requirements of this section.
(d) Two or more municipalities may establish a joint board of appeals through an intermunicipal agreement under 53 Pa.C.S. § § 2301—2315 (relating to intergovernmental cooperation).
(e) A board of appeals member may not cast a vote or participate in a hearing in any appeal, request for variance or request for extension of time in which the member has a personal, professional or financial interest.
(f) A board of appeals shall schedule meetings and provide public notice of meetings in accordance with 65 Pa.C.S. § § 701—716 (relating to Sunshine Act).
(g) A board of appeals may not act upon appeals, requests for variance or requests for extension of time relating to accessibility under the act.
(h) The fee for an appeal in a municipality which has adopted an ordinance for the administration and enforcement of the Uniform Construction Code or is a party to an agreement for the joint administration and enforcement of the Uniform Construction Code will not exceed the actual costs of publishing the hearing notice, court reporter services and other necessary administrative services under section 501(c) of the act (35 P. S. § 7210.501(c)(4)).
Source The provisions of this § 403.121 amended December 24, 2009, effective December 31, 2009, 39 Pa.B. 7196. Immediately preceding text appears at serial page (323823).
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