PRINTER'S NO. 225
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
266
Session of
2017
INTRODUCED BY HARPER, RADER, B. MILLER, MILNE, TOOHIL, MURT AND
MILLARD, JANUARY 31, 2017
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JANUARY 31, 2017
AN ACT
Amending the act of November 10, 1999 (P.L.491, No.45), entitled
"An act establishing a uniform construction code; imposing
powers and duties on municipalities and the Department of
Labor and Industry; providing for enforcement; imposing
penalties; and making repeals," in preliminary provisions,
further providing for definitions; and, in adoption and
enforcement by municipalities, further providing for
administration and enforcement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "board of appeals" in section
103 of the act of November 10, 1999 (P.L.491, No.45), known as
the Pennsylvania Construction Code Act, is amended to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Board of appeals." The body created by a municipality or
more than one municipality to hear appeals from decisions of the
code administrator as provided for by [Chapter 1 of the 1999
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Building Officials and Code Administrators International, Inc.,
National Building Code, Fourteenth Edition] the department
through regulation.
* * *
Section 2. Section 501(c) of the act is amended to read:
Section 501. Administration and enforcement.
* * *
(c) Board of appeals.--
(1) A municipality which has adopted an ordinance for
the administration and enforcement of this act or
municipalities which are parties to an agreement for the
joint administration and enforcement of this act shall
establish or designate a board of appeals as provided by
[Chapter 1 of the 1999 BOCA National Building Code,
Fourteenth Edition,] the department through regulation to
hear appeals from decisions of the code administrator.
Members of the municipality's governing body may not serve as
members of the board of appeals. A municipality may establish
a board of appeals or may establish or designate a joint
board of appeals in accordance with 53 Pa.C.S. Ch. 23 Subch.
A (relating to intergovernmental cooperation).
(2) An application for appeal shall be based on a claim
that the true intent of this act or regulations legally
adopted under this act have been incorrectly interpreted, the
provisions of this act do not fully apply or an equivalent
form of construction is to be used.
(3) When a municipality cannot find persons to serve on
a board of appeals who meet the minimum qualifications [of
Chapter 1 of the BOCA National Building Code] established by
the department, the municipality may fill a position on the
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board with a qualified person who resides outside of the
municipality.
(4) The fee for an appeal to the Board of Appeals for a
municipality that is administering and enforcing this act
shall not exceed actual costs of the public notice of the
hearing, appearance fee for the court reporter and
administrative fees as necessary.
(5) In the case of an appeal or request for variance or
extension of time involving the construction of a one-family
or two-family residential building, the board of appeals
shall convene a hearing within 30 days of the appeal. The
Board of Appeals shall render a written decision to the
parties within five business days, or within ten business
days in cities of the first class, of the last hearing. If
the board of appeals fails to act within the time period
under this paragraph, the appeal shall be deemed granted.
* * *
Section 3. This act shall take effect in 60 days.
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