TITLE 4. THE PHILADELPHIA BUILDING CONSTRUCTION AND OCCUPANCY CODE
SUBCODE "A" (THE PHILADELPHIA ADMINISTRATIVE CODE)
SECTION A-801.0 TECHNICAL APPEALS
A-801.1 Right of appeal: Any person who is directly
aggrieved by the issuance, transfer, renewal, refusal, suspension, revocation or
cancellation of any license issued pursuant to this code and the technical codes
(except licenses issued pursuant to the Property Maintenance Code); by a refusal
of permit pursuant to this code and the technical codes; or by any notice, order
or other action by the code official as a result of any inspection pursuant to
this code and the technical codes, shall have the right to appeal to the
appropriate technical board as set forth in Section
A-802.1.
A-801.2 Application for appeal: Appeals shall be filed in
writing on forms provided by the department in accordance with procedures
established by the department and/or the appeal boards. The appeal shall be
accompanied by the required fee and a copy of the violation or permit refusal
notice when applicable. The appeal shall be filed within 30 days of the date of
the action being appealed.
Exception: Appeals from unsafe or imminently
dangerous designations by the department shall be filed within 5 days of the
date of such notice.
A-801.3 Basis for appeal: An application for appeal
shall be based on a claim that:
1. The true intent of the applicable
code or regulations adopted thereunder have been incorrectly
interpreted;
2. The provisions of the code do not fully
apply;
3. An equivalent form of construction or installation is
proposed;
4. The requirements of the code are satisfied by other means;
or,
5. Owing to extraordinary conditions, a literal enforcement of the
code will result in a unique and unnecessary hardship to the applicant or
premises.
A-801.4 Public hearing: All appeals considered by the technical
boards shall be heard in public at such times and locations scheduled by the
boards. The board shall recommend affirming, modifying, reversing or vacating
the decision, notice or action from which the appeal is taken.