Establishment
and Procedures
for the Building
Hearing Board
Legal Notice:
While every attempt
has been made to be
as accurate as
possible, the
material found on
these pages
represents an
unofficial copy of
the Dingman Township
Building Hearing
Board Ordinance.
When in conflict,
the original signed
official documents
kept in the Township
Building shall
prevail. Persons
relying on this
version shall do so
at their own risk.
Copies
of this ordinance
may also be obtained
through the Dingman
Township Office.
ORDINANCE NO.
07-2012
ORDINANCE TO
ESTABLISH A BUILDING APPEALS BOARD
BY THE
DINGMAN TOWNSHIP BOARD OF SUPERVISORS
The Dingman Township Board of
Supervisors, (“the Governing Body”) hereby establishes and appoints members
to serve on a Board of Appeals under 501(c) of the Act 35 P.S. § 7210.501
(c) and the Board shall adhere to the following:
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 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.
Composition of the Board:
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
Governing Body. Following initial appointment, Appeal Board members shall
serve five (5) year terms.
3)
Members of the Governing Body and their Building Code Administrators/
employees may not serve on the Board of Appeals.
4)
The Board of Appeals shall consist of five (5) members and at least
two (2) alternates for the purpose of reviewing appeals, requests for
variances and/or requests for extensions of time.
5)
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
which the member has a personal, professional or financial interest.
6)
The Board of Appeals shall schedule meetings and provide public
notice of meetings in accordance with 65 Pa.C.S.701-706, (relating to the
Sunshine Act).
7)
The Board of Appeals may not act upon appeals, request for variance
or requests for extension of time relating to accessibility under the act.
Appeals, Variances, and Extensions of Time:
1)
Any owner of owner’s agent may seek a variance or extension of time
or appeal a Building Code Official’s decision by filing a petition for an
informal opinion or formal Hearing with the applicable Municipal Secretary
on designated form(s).
2)
The postmark date or the date of personal service will establish the
filing date of the appeal and the request for variance or extension of time.
3)
An appeal or request for variance or extension of time to the 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.
4)
The Board of Appeals shall decide on 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.
5)
The Board of Appeals shall hold a Hearing or meeting, as applicable,
within thirty (30) days for requests pertaining to one and two family
residential issues and sixty (60) days for requests pertaining to
non-residential issues, unless the applicant agrees in writing to an
extension of time.
6)
The Board of Appeals shall only consider the following factors when
deciding an appeal under §501 (c)(2) of the act:
a)
The true intent of the Act or 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.
7)
The Board of Appeals may consider the following factors when ruling
upon a request for extension of time or the request for 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 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 for an equivalent degree of
protection to the Uniform Construction Code.
8)
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. The Board
of Appeals may:
a)
Deny the request is whole or in part.
b)
Grant the request in whole or in part.
c)
Grant the request upon certain conditions being satisfied.
9)
The Board of Appeals shall provide a written notice of its decision
to the owner and the Building Code Official.
10) An owner shall file an appeal,
request for variances and request for extensions of time relating to
accessibility with the Accessibility Advisory Board under §403.142 (relating
to Accessibility Advisory Board).
Fees:
The Governing Body shall each set a fee schedule for
hearings related appeals, requests for variances and requests for extensions
of time for permits with in their respective jurisdiction. The fee schedule
may be reviewed from time to time to determine reasonable rates for hearing
costs.
