[Amended 7-14-2009 by Ord. No. 09-1214, § 1; 5-10-2011 by Ord. No. 11-1239, § 2]
A. General. To hear and rule on applications for variances and requests for extensions of time with respect to compliance with the requirements of the Code and this Chapter, and to hear and decide appeals of orders, decisions or determinations made by the Code Official relative to the application and interpretation of the Code and this Chapter, there is hereby created a Building Code Board of Appeals.
B. Authority. The Building Code Board of Appeals shall hear and rule on appeals, requests for variances and requests for extensions of time as specified by the Code. An appeal shall be based on a claim that the true intent of the Code or this Chapter has been incorrectly interpreted, the provisions of the Code or this Chapter do not fully apply, or an equivalent form of construction is proposed. An application for a variance or extension of time shall be based on the reasonableness of the application of the Code and this Chapter, the extent the variance or extension of time will violate the Code and this Chapter or create an unsafe condition, the availability of technical or mechanical expertise to comply with the Code and this Chapter, the availability of materials to comply with the Code and this Code, the extent of the effort made to comply with the Code and this Chapter, and the compensatory features and actions offered to provide an equivalent degree of protection. The Building Code Board of Appeals may adopt rules of procedure for conducting its business consistent with the Code and this Chapter.
C. Composition. The Building Code Board of Appeals shall be appointed by the Board of Commissioners. The Building Code Board of Appeals shall consist of five voting members and two alternate members. An alternate member may participate in any proceeding or discussion of the Building Code Board of Appeals but shall not be entitled to vote as a member of the Building Code Board of Appeals unless designated as a voting member. Each regular and alternate member of the Building Code Board of Appeals shall serve for a term of five years, except that the terms of the regular members shall be staggered so that one shall expire each year. Each member of the Building Code Board of Appeals serves at the pleasure of the Board of Commissioners.
D. Qualifications. All members of the Building Code Board of Appeals shall be qualified by experience and training to pass on matters pertaining to building construction as specified by the Code and who are not officials or employees of the Township All members of the Building Code Board of Appeals shall be residents of the Township unless the Board of Commissioners cannot find a sufficient number of qualified persons from within the Township to serve on the Building Code Board of Appeals.
E. Applications and appeals. Applications for variances and extensions of time, and appeals from any decision pertaining to the Code or this Chapter shall be taken to the Building Code Board of Appeals as specified by the Code. All applications and appeals shall be submitted to the Building Code Board of Appeals with the designated fee using a form furnished by the Department of Code Enforcement. Applicants and appellants, or their representatives, shall have the right to a hearing on their application or appeal if such right is requested on the form.