§ 403.122. Appeals, variances and extensions of time.
(a) An owner or owner’s agent may seek a variance or extension of time or appeal a building code official’s decision by filing a petition with the building code official or other person designated by the board of appeals on a form provided by the municipality.
(b) 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.
(c) An appeal or request for variance or extension of time to a board of appeals will automatically suspend an action to enforce an order to correct until the matter is resolved. An action under § 403.84 (relating to unsafe building, structure or equipment) may not be stayed.
(d) A board of appeals shall decide an appeal, variance request or request for extension of time by reviewing documents and written brief or argument unless the owner or owner’s agent requests a hearing.
(e) A board of appeals 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. A board of appeals shall convene a hearing within 30 days of receipt of an appeal or request for variance or extension of time involving the construction of a one- or two-family residential building.
(f) A board of appeals shall only consider the following factors when deciding an appeal under section 501(c)(2) of the act:
(1) The true intent of the act or Uniform Construction Code was incorrectly interpreted.
(2) The provisions of the act do not apply.
(3) An equivalent form of construction is to be used.
(g) A board of appeals may consider the following factors when ruling upon a request for extension of time or the request for variance:
(1) The reasonableness of the Uniform Construction Code’s application in a particular case.
(2) 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.
(3) The availability of professional or technical personnel needed to come into compliance.
(4) The availability of materials and equipment needed to come into compliance.
(5) The efforts being made to come into compliance as quickly as possible.
(6) Compensatory features that will provide an equivalent degree of protection to the Uniform Construction Code.
(h) If the owner or owner’s agent requests a hearing, the board of appeals shall schedule a hearing and notify the owner or owner’s agent and building code official of the date, time and place of the hearing.
(i) The board of appeals may:
(1) Deny the request in whole or in part.
(2) Grant the request in whole or in part.
(3) Grant the request upon certain conditions being satisfied.
(j) The board of appeals shall provide a written notice of its decision to the owner and to the building code official. A board of appeals shall render a written decision regarding an appeal or request for variance or extension of time involving the construction of a one- or two-family residential building within 5 business days, or within 10 business days in cities of the first class, of the latest hearing. The appeal shall be deemed granted if a board of appeals fails to act within this time period.
(k) An owner shall file an appeal, request for variances and request for extension of time relating to accessibility with the Accessibility Advisory Board under § 403.142 (relating to Accessibility Advisory Board).
Source The provisions of this § 403.122 amended December 24, 2009, effective December 31, 2009, 39 Pa.B. 7196. Immediately preceding text appears at serial pages (323823) to (323825).
Cross References This section cited in 34 Pa. Code § 401.1 (relating to definitions); 34 Pa. Code § 403.43 (relating to grant, denial and effects of permits); 34 Pa. Code § 403.46 (relating to certificate of occupancy); 34 Pa. Code § 403.63 (relating to grant, denial and effect of permits); 34 Pa. Code § 403.65 (relating to certificate of occupancy); 34 Pa. Code § 403.141 (relating to enforcement by the Department); and 34 Pa. Code § 405.3 (relating to permit application).
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