Bill Text: PA HB964 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for municipal administration and enforcement.

Spectrum: Partisan Bill (Republican 18-0)

Status: (Introduced - Dead) 2011-03-07 - Referred to LABOR AND INDUSTRY [HB964 Detail]

Download: Pennsylvania-2011-HB964-Introduced.html

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PRINTER'S NO. 1032
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 964 Session of2011
INTRODUCED BY BENNINGHOFF, BARRAR, BOYD, CAUSER, DENLINGER, EVERETT, FLECK, GABLER, GINGRICH, GROVE, MAJOR, MOUL, PICKETT, PYLE, ROCK, SONNEY, STEVENSON AND SWANGER, MARCH 7, 2011
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 7, 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
municipal 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] one
of the following:
(i) 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.
(ii) Exemption from insulation requirements in a
residential building. The board of appeals has sole
discretion on an appeal under this subparagraph.
(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] board of
[Appeals] 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] board of [Appeals] appeals shall render a written
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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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Section 2. This act shall take effect in 60 days.
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