1Amending the act of November 10, 1999 (P.L.491, No.45), entitled
2"An act establishing a uniform construction code; imposing
3powers and duties on municipalities and the Department of
4Labor and Industry; providing for enforcement; imposing
5penalties; and making repeals," further providing for
6definitions and for administration and enforcement.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The definition of "board of appeals" in section
10103 of the act of November 10, 1999 (P.L.491, No.45), known as
11the Pennsylvania Construction Code Act, is amended to read:

12Section 103. Definitions.

13The following words and phrases when used in this act shall
14have the meanings given to them in this section unless the
15context clearly indicates otherwise:

16* * *

17"Board of appeals." The body created by a municipality or
18more than one municipality to hear appeals from decisions of the
19code administrator as provided for [by Chapter 1 of the 1999
20Building Officials and Code Administrators International, Inc.,

1National Building Code, Fourteenth Edition] by the department 
2through regulation.

3* * *

4Section 2. Section 501(c) of the act, amended November 29,
52006 (P.L.1440, No.157) and October 24, 2012 (P.L.1433, No.179),
6is amended to read:

7Section 501. Administration and enforcement.

8* * *

9(c) Board of appeals.--

10(1) A municipality which has adopted an ordinance for 
11the administration and enforcement of this act or 
12municipalities which are parties to an agreement for the 
13joint administration and enforcement of this act shall 
14establish or designate a board of appeals as provided by 
15[Chapter 1 of the 1999 BOCA National Building Code, 
16Fourteenth Edition,] the department through regulation to 
17hear appeals from decisions of the code administrator. 
18Members of the municipality's governing body may not serve as 
19members of the board of appeals. A municipality may establish 
20a board of appeals or may establish or designate a joint 
21board of appeals in accordance with 53 Pa.C.S. Ch. 23 Subch. 
22A (relating to intergovernmental cooperation).

23(2) An application for appeal shall be based on a claim
24that the true intent of this act or regulations legally
25adopted under this act have been incorrectly interpreted, the
26provisions of this act do not fully apply or an equivalent
27form of construction is to be used.

28(3) When a municipality cannot find persons to serve on
29a board of appeals who meet the minimum qualifications [of
30Chapter 1 of the BOCA National Building Code] established by 

1the department, the municipality may fill a position on the
2board with a qualified person who resides outside of the
3municipality.

4(4) The fee for an appeal to the Board of Appeals for a
5municipality that is administering and enforcing this act
6shall not exceed actual costs of the public notice of the
7hearing, appearance fee for the court reporter and
8administrative fees as necessary.

9(5) In the case of an appeal or request for variance or
10extension of time involving the construction of a one-family
11or two-family residential building, the board of appeals
12shall convene a hearing within 30 days of the appeal. The
13Board of Appeals shall render a written decision to the
14parties within five business days, or within ten business
15days in cities of the first class, of the last hearing. If
16the board of appeals fails to act within the time period
17under this paragraph, the appeal shall be deemed granted.

18* * *

19Section 3. This act shall take effect in 60 days.