§ 403.142. Accessibility Advisory Board.
(a) The Secretary has the exclusive power to grant modifications and extensions of time and decide issues of technical infeasibility under Chapter 11 (Accessibility) of the Uniform Construction Code and other accessibility requirements contained in or referenced by the Uniform Construction Code for individual projects under section 301(a)(3) of the act (35 P. S. § 7210.301(a)(3)).
(b) The Accessibility Advisory Board is created with the following powers and duties under section 106 of the act (35 P. S. § 7210.106):
(1) Review all proposed regulations under the act and offer comment and advice to the Secretary on all issues related to accessibility by persons with physical disabilities and enforcement of accessibility requirements.
(2) Review all applications for modifications or variances of Chapter 11 (Accessibility) of the Uniform Construction Code and any other accessibility requirements contained in or referenced by the Uniform Construction Code. The Accessibility Advisory Board will advise the Secretary whether modification or variance should be granted or whether compliance is technically feasible.
(3) Hear appeals from decisions of building code officials and recommend modifications, variances or extensions of time. An appeal of a decision of a building code official shall be based on a claim that the true intent of the act or the Uniform Construction Code was incorrectly interpreted, the act does not apply or an equivalent form of construction is to be used.
(c) The Accessibility Advisory Board will schedule meetings and provide public notice of meetings in accordance with 65 Pa.C.S. § § 701—716 (relating to the Sunshine Act).
(d) The Accessibility Advisory Board will hear requests for variances or modification, requests for extensions of time and appeals in accordance with the following procedure:
(1) An owner or owner’s agent shall file an appeal with the Accessibility Advisory Board on a Department-provided form.
(2) The postmark date or the date of personal service will establish the filing date of the appeal.
(3) An appeal to the Accessibility Advisory Board will automatically suspend an action to enforce an order to correct except where there is an unsafe building, structure or equipment under § 403.84 (relating to unsafe building, structure or equipment).
(4) The Accessibility Advisory Board will make recommendations based upon documents and written brief unless the owner requests a hearing.
(5) If the owner or owner’s agent requests a hearing, the Accessibility Advisory Board will schedule a hearing and will provide written notification to the owner or owner’s agent and the building code official of the date, time and place of the hearing. The notification will be made no less than 5 days prior to the hearing unless the owner waives this period.
(6) The Accessibility Advisory Board may consider the following factors when a request for an extension of time or a variance or other appropriate relief is reviewed:
(i) The reasonableness of the regulations or Uniform Construction Code as applied in the specific case.
(ii) The extent to which an extension of time or a variance will subject occupants of the building or structure to conditions which do not comply with the Uniform Construction Code.
(iii) The availability of professional or technical personnel needed to comply with the Uniform Construction Code.
(iv) The availability of materials and equipment needed to comply with the Uniform Construction Code.
(v) The efforts made to safeguard occupants.
(vi) The efforts made to comply with the Uniform Construction Code.
(vii) Compensatory features that will provide an equivalent degree of compliance with the intent of the Uniform Construction Code.
(7) The Accessibility Advisory Board will recommend that the Secretary take one of the following actions:
(i) Deny the request in whole or in part.
(ii) Grant the request in whole or in part.
(iii) Grant the request upon certain conditions being satisfied.
(iv) Grant other appropriate relief.
(8) The Secretary will make a final decision on the request and will issue written notice of the decision to the owner or the owner’s agent and the building code official.
(e) An individual, partnership, agency, association or corporation who reasonably believes there is a violation of the accessibility provisions of the act or the Uniform Construction Code by a governmental entity or private owner may file a complaint with the body responsible for enforcement of the Uniform Construction Code under section 501(f) of the act (35 P. S. § 7210.501(f)).
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 § 403.122 (relatiing to appeals, variances and extensions of time); and 34 Pa. Code § 403.141 (relating to enforcement by the Department).
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