Dingman Township
                           Pike County, PA        

 


                       

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 Driveway Access 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.

 

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.

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