§ 151.27  ACTION ON APPEALS.
   (A)   The Board of Appeals shall hold a hearing within 60 days after the date of an applicant’s request and payment of required fees therefor unless the applicant has agreed in writing to an extension of time. The Board of Appeals shall notify the owner, the Building Code Official and the respective municipality’s Zoning Administrator of the date, time and place of the hearing.
   (B)   An application for appeal shall be based on a claim that the true intent of the UCC or regulations adopted under it have been incorrectly interpreted, that the provisions of the UCC do not fully apply or that an equivalent form of construction is to be used. In considering appeals under this section (which recites 35 P.S. § 7210, Act § 501(C)(2)), the Board of Appeals shall only consider the following in making its decision:
      (1)   Whether the true intent of the UCC and this subchapter have been correctly interpreted by the Building Code or Construction Code Official;
      (2)   Whether provisions of the UCC and this subchapter do not apply; and
      (3)   Whether an equivalent form of construction is to be used.
   (C)   The Board of Appeals may consider the following factors when ruling upon a request for extension of time or a request for variance from regulations:
      (1)   The reasonableness of application of the UCC and this subchapter’s additional standards to the particular case;
      (2)   The extent to which the granting of a variance or an extension of time will pose a violation of the UCC and/or additional standards in this subchapter or an unsafe condition;
      (3)   The availability of professional or technical personnel needed to come into compliance;
      (4)   The availability of materials and equipment needed to come into compliance;
      (5)   The efforts being made to come into compliance as quickly as possible; and
      (6)   Compensatory features that will provide an equivalent degree of protection to the UCC and additional standards in this subchapter.
   (D)   Economic cost shall not furnish justification for granting an appeal or a variance or extension of time.
   (E)   In considering an appeal or a request for variance, the Board of Appeals may deny the request in whole or in part, grant the request in whole or in part, grant the request upon certain conditions being satisfied or grant other appropriate relief.
   (F)   The Board of Appeals shall provide written notice of its decision to the owner and the Building Code Official. The Building Code Official shall provide a copy of said decision to the city’s Zoning Administrator within seven days after his or her or her receipt thereof.
(Ord. 1450, passed 6-21-2004)