# Variance Board Members



## Mech (Nov 13, 2019)

Out of curiosity, are the members of a variance board supposed to have the same credentials as a plans examiner?  It seems that they should. Who sets the requirement, the IBC or the local jurisdiction?


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## jpranch (Nov 13, 2019)

Our board is mostly made up of local contractors, architects, engineers. Pretty sharp group.


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## cda (Nov 13, 2019)

“Variance”???

Isn’t that an eight letter cuz word??




*113.2 Limitations on Authority* An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall have no authority to *waive* requirements of this code.


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## Rick18071 (Nov 14, 2019)

True story.
About 10 years ago I wanted to appeal a requirement for sprinklers in a old apartment building that I owned that I was working on in a town once. I went to the town hall to apply and was told they don't have an application or a Board of Appeals. I said they had to because it's the law. They asked be to be chairmen of it. Then they found 4 more landlords for the board, had a meeting and passed my appeal. I didn't vote since it was my building. Then I quit the board.


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## Mech (Nov 14, 2019)

Thanks CDA.  Pennsylvania did not adopt chapter 1; I will have to see if that section is in the state's Uniform Construction Code, which adopts the IBC.


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## cda (Nov 14, 2019)

Mech said:


> Thanks CDA.  Pennsylvania did not adopt chapter 1; I will have to see if that section is in the state's Uniform Construction Code, which adopts the IBC.




Oh PA, that is another country from what I read.  They like to do stuff the PA way.

Anyway just pointing out use of the “V” word


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## my250r11 (Nov 14, 2019)

The State here is the AHJ on all Building code variances. Muni's don't have that authority. Zoning on the other hand is handle locally.


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## Rick18071 (Nov 19, 2019)

Mech said:


> Thanks CDA.  Pennsylvania did not adopt chapter 1; I will have to see if that section is in the state's Uniform Construction Code, which adopts the IBC.



The state, UCC uses the old BOCA code to set up an Board of Appeals which says I should have been paid to be in the board!


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## cda (Nov 19, 2019)

Rick18071 said:


> The state, UCC uses the old BOCA code to set up an Board of Appeals which says I should have been paid to be in the board!




Sounds like they owe you back wages 

What is the pay $ 1.00 an hour, plus all the chicken you can eat?


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## jar546 (Nov 19, 2019)

Pennsylvania is completely backwards and abuses the appeal system. Their sole and primary purpose is to determine as to whether or not a code was properly applied. Nothing else. There is no such thing as a variance. I have witnessed a board of appeals in Pennsylvania waive the requirements for sprinklers in lieu of a smoke detector before. That pretty much sums up the pathetic state of Pennsylvania


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## cda (Nov 19, 2019)

jar546 said:


> Pennsylvania is completely backwards and abuses the appeal system. Their sole and primary purpose is to determine as to whether or not a code was properly applied. Nothing else. There is no such thing as a variance. I have witnessed a board of appeals in Pennsylvania waive the requirements for sprinklers in lieu of a smoke detector before. That pretty much sums up the pathetic state of Pennsylvania




Stop using that cuss word


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## Mech (Nov 19, 2019)

Well jar, that's the backstory here - The client went to the Board of Appeals to use a two story barn as a wedding reception venue without adding sprinklers because two other places were allowed to do it in XYZ townships and there are also bills in the State House and Senate to allow wedding reception use in barns without full compliance with the IBC.

I am not on the board of appeals, but I know someone who is, and he does not have the ICC credentials, which is what sparked my curiosity.  He asked me for my take on the situation and I confirmed what he already determined - the architect did not calculate the fire area correctly which was the second reason for requiring sprinklers.


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## Rick18071 (Nov 20, 2019)

I got another  Board of Appeals story PA. I received plans for a large addition to Boy Scout camp mess hall. It already went through a  Board of Appeals decision before I first looked at it. It was 2 stories, construction type VB, don't remember sq. ft.  but it would have never passed without sprinklers or divided up in different fire areas.. It should be A-2 but The  Board of Appeals decided that it was Occupancy Use  "U". This would allow the building to go around the code to not be accessible and not require plumbing. There was an existing commercial kitchen in it. Building was still too big not to have sprinklers or divided up in different fire areas. But "U" buildings So I failed the plan review and never herd back. That was more than 10 years ago.


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