Bill Text: PA HB1240 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for administration and enforcement.

Spectrum: Slight Partisan Bill (Republican 20-7)

Status: (Introduced - Dead) 2011-03-31 - Referred to LABOR AND INDUSTRY [HB1240 Detail]

Download: Pennsylvania-2011-HB1240-Introduced.html

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PRINTER'S NO. 1359
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1240 Session of2011
INTRODUCED BY BAKER, MILLER, MAJOR, STERN, CALTAGIRONE, CAUSER, DALEY, DENLINGER, GABLER, GEORGE, GILLEN, GOODMAN, HALUSKA, HESS, HORNAMAN, KORTZ, METZGAR, MICOZZIE, MOUL, MURT, PICKETT, PYLE, RAPP, SAYLOR, STEVENSON, SWANGER AND VULAKOVICH, MARCH 31, 2011
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 31, 2011
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," 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), is amended to
read:
Section 501. Administration and enforcement.
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(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 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.
(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
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.
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(6) A decision of a code administrator must contain
written notification that the decision can be appealed to the
municipality's board of appeals. The written notification
must state the basis for an appeal under paragraph (2) and
the time frames under paragraph (5), and must provide
specific information on where and how to file the appeal in
that municipality.
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Section 2. This act shall take effect in 60 days.
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