1. General.
A. There is hereby created a Board of Building and Housing Appeals consisting of five members appointed by the appointing authority of the Borough, To the extent practicable, it shall be composed of one realtor or representative of a mortgage lending institution; one physician or public health nurse; one of any of the following: architect, engineer, contractor or building materials dealer; and two members from the community at large.
B. Of the members first appointed, two shall be appointed for a term of 1 year, two for a term of 2 years, one for a term of 3 years and thereafter they shall be appointed for terms of 4 years. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from regular meetings of the Board shall, at the discretion of the appointing authority, render any such member liable to immediate removal from office.
C. Three members of the Board shall constitute a quorum. In varying the application of any provision of this code or in modifying an order of the Building Official, affirmative votes of the majority present, but not less than three affirmative votes shall be required. No Board member shall act in a case in which he has a personal interest.
D. The Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this Part. The Board shall meet at regular intervals, to be determined by the chairman, or in any event, the Board shall meet within 10 days after notice of appeal has been received.
E. The Board shall have the power to administer oaths, affirmations, examine witnesses and receive evidence.
2. Variances from the Requirements of This Part. Where, because of conditions peculiar to a particular building, it would be unreasonably difficult to meet the literal requirements of this Part, a variance may be granted by the Board upon written application therefor. Such application shall state in writing the reasons why the variance shall be made. A variance may be granted only where it is evident that reasonable safety and sanitation is assured, and may include conditions not generally specified by this Part in order to achieve that end. The variance may include an expiration date. A copy of the variance shall be filed in the office of the Building Official and a copy shall be given to the applicant.
3. Appeals from Decisions of the Building Official.
A. Whenever it is claimed that the true intent and meaning of this Part has been wrongly interpreted or that the time allowed for compliance is unreasonable, the owner, his agent, or the occupant, as the case may be, may file a notice of appeal from a decision or order of the Building Official. Such notice shall be in writing and filed within 10 days after the decision or order of the Building Official has been made.
B. The Board, when so appealed to, may modify the decision or order of the Building Official. Its decision shall be final, subject, however, to such remedy as any aggrieved person may have at law or in equity. The Board's decision shall be in writing, shall be filed in the office of the Building Official, and a certified copy shall be given to the appellant.
(Ord. 166, 11/1/1965, Part I, §106)