PRINTER'S NO. 1975
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1409
Session of
2015
INTRODUCED BY RAPP, PICKETT, KAUFFMAN, COX, TRUITT, ZIMMERMAN,
MILLARD AND RADER, JUNE 28, 2015
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 28, 2015
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 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. Section 501(c) of the act of November 10, 1999
(P.L.491, No.45), known as the Pennsylvania Construction Code
Act, amended November 29, 2006 (P.L.1440, No.157) and October
24, 2012 (P.L.1433, No.179), 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
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establish or designate a board of appeals as provided by
Chapter 1 of the 1999 BOCA National Building Code, Fourteenth
Edition, 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, the
municipality may fill a position on the 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
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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.
(6) In the case of a change of code administrator with
jurisdiction over work on a project, every subsequent code
administrator shall be subject to decisions previously
rendered on the project by the board of appeals.
* * *
Section 2. This act shall take effect in 60 days.
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