34 Pa. Code § 49.15 - Appeals to the Board
(a) The appeal
periods to the Board are set forth in §§
49.12 and
49.14 (relating to notice of
violation and order to correct; and answer to order to show cause). An appeal
may not be filed with the Board after the expiration of these periods, except
at the discretion of the Board upon good cause shown.
(b) Appeals shall be filed with the Secretary
of the Industrial Board, Room 1408, Labor and Industry Building, Harrisburg,
Pennsylvania 17120, and shall be deemed filed the date of the mailing, as
indicated by the postmark date or the date of personal delivery.
(c) The scope of appeal shall be as follows:
(1) An appeal to the Board may include a
request for either an extension of time within which to comply or a variance or
both or other relief which is appropriate.
(2) An appeal to the Board will automatically
act as a supersedeas to the enforcement of the Department's order to correct in
cases not involving danger of imminent harm.
(d) A request for a hearing before the Board
will be as follows:
(1) An appeal to the Board
shall be decided by the Board based upon the Department's documents, the appeal
and written brief or argument unless the owner requests a hearing before the
Board.
(2) If the owner requests a
hearing before the Board, the Board will schedule the case for a hearing and
will notify the owner and the Department of the date, time and place of the
hearing.
(e) The Board
may consider the following factors, among others, when reviewing and ruling
upon a request for an extension of time or a variance or other relief which is
appropriate:
(1) The reasonableness of the
Department's rule and regulations as applied in the specific case.
(2) The extent to which an extension of time
or a variance will subject occupants to the hazards of fire and
panic.
(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 safeguard
occupants against the hazards of fire and panic.
(6) The efforts being made to come into
compliance as quickly as possible.
(7) Compensatory fire safety features which
will provide an equivalent degree of protection for the occupants.
(f) The Board after consideration
of a request for an extension of time or a variance or other relief which is
appropriate may by written decision and order either:
(1) Deny the request.
(2) Grant the request.
(3) Grant the request upon certain conditions
being satisfied.
(4) Grant such
other relief which is appropriate.
(g) Appeal from the final order of the Board
may be taken to a court of competent jurisdiction within the time limits and in
the manner prescribed by law. In cases not involving danger of imminent harm, a
timely appeal to a court of competent jurisdiction shall automatically act as
supersedeas to the enforcement of the order of the Board.
Notes
This section cited in 34 Pa. Code § 50.86 (relating to variances).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.