A-802.1 General: Appeals filed pursuant to Section A-801.0 shall be submitted to the technical board specified in Table A-802.1. The code official shall transmit to such board all the documents, or photocopies thereof which constitute the record upon which the action appealed from was taken and the reasons for said action.

A-802.2 Variances: Variances from the technical codes shall be granted subject to the provisions of Sections A-802.2.1 through A-802.2.5, shall be in writing and shall be available for public inspection in the department.

A-802.2.1 Board of Building Standards: The Commissioner of the Department is authorized to grant a variance from the requirements of the Building, Electrical, Mechanical, Plumbing and Property Maintenance Codes upon the written recommendation of a majority of the Board of Building Standards, as established by provisions of the Philadelphia Home Rule Charter.

A-802.2.1.1 Board recommendation: Recommendation for variance from a technical code by the Board of Building Standards shall be made upon written petition by, or on behalf of, the owner where there is a finding that:

1. The variance will fulfill the intent of the code; and
2. Literal enforcement will result in unique and unnecessary hardship or extraordinary conditions make literal compliance impractical; and

3. The variance will not be an unreasonable deviation from the requirements of the code; and

4. The variance will not result in increased flood heights and is the minimum variance necessary, considering the flood hazard, to afford relief.

A-802.2.1.2 Flood plain: In such case where the Board of Building Standards shall recommend a variance to construct a structure below the Regulatory Flood Elevation, the owner shall be notified in writing that the variance will result in increased premium rates for flood insurance and an increased risk to property and life. The Board of Building Standards shall maintain a record of all variance actions within the flood plain and justification therefor, and shall report such variances issued in an annual report to the Administrator of the Federal Insurance Administration.

A-802.2.1.3 Advisory input: The Board of Building Standards shall consider advice from the Electrical Advisory Board and Plumbing Advisory Board when hearing appeals from the Electrical Code and Plumbing Code respectively where such advice is submitted.

A-802.2.2 Accessibility Advisory Board: In accordance with regulations promulgated pursuant to Pennsylvania Act 1988-166, the commissioner of the department is authorized to grant a variance from the requirements of the Act upon the written recommendation of a majority of the Accessibility Advisory Board.

A-802.2.2.1 Board recommendation: Recommendation for variance from the Building Code provisions for accessibility of persons with physical disabilities shall be made upon written petition by, or on behalf of, the owner where there is a finding that:

1. The variance will fulfill the intent of the code; and

2. Literal enforcement will result in extreme hardship which includes, but is not limited to, prohibitive costs, a conflict with the Zoning Code or compliance is not feasible due to inherent dimensional, structural or other physical constraints; and

3. The extreme hardship has not been created by the applicant.

A-802.2.3 Board of Safety and Fire Prevention: The Fire Commissioner is authorized to grant a variance from the requirements of the Fire Prevention Code upon the written recommendation of a majority of the Board of Safety and Fire Prevention.

A-802.2.3.1 Board recommendation: Recommendation for variance from the Fire Prevention Code by the Board of Safety and Fire Prevention shall be made upon written petition by, or on behalf of, the owner where there is a finding that:

1. The variance will fulfill the intent of the code; and

2. Literal enforcement will result in unique and unnecessary hardship or extraordinary conditions make literal compliance impractical; and

3. The variance will not be an unreasonable deviation from the requirements of the code.

A-802.2.4 Zoning Board of Adjustment: The Zoning Board of Adjustment is authorized to hear and decide appeals in zoning matters in accordance with provisions of Section 5-1006 of the Philadelphia Home Rule Charter, the Zoning Code and regulations pursuant thereto.

A-802.3 Code compliance: Compliance with a variance issued by the Fire Commissioner, Commissioner of Licenses and Inspections or the Zoning Board of Adjustment shall be considered in compliance with the code from which the variance is granted.

A-802.4 Further appeal: Any person who has had a variance appeal hearing and has been denied a variance shall have the right to appeal that decision to the Court of Common Pleas within 30 days of the date of the notice of decision.