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Code Board of Appeals

The Code Board of Appeals hears and adjudicates decisions made by a building official refusing to grant a modification of the provisions of the building code, electrical code, mechanical code, plumbing code, residential code covering the manner of construction or materials to be used in the erection, installation, alterations, or repairs or violations existing in a building or structure, pursuant to Articles 1701 and 1733 of the Codified Ordinances of the City of Bethlehem, except that there shall be no right of appeal from a notice of violation alleging a violation of the International Property Maintenance Code.

Right to Appeal:
Per City Ordinance Article 105 there is hereby created a Board of Appeals whose function it shall be to hear and decide appeals from:

Decisions made by the Fire Department enforcing the provisions of the Codes adopted pursuant to Article 1701 of the Codified Ordinances of the City of Bethlehem; and – 

Decisions made by a building official refusing to grant a modification of the provisions of the building code, electrical code, mechanical code, plumbing code, residential code, or property maintenance code covering the manner of construction or materials to be used in the erection, installation, alterations, or repairs or violations existing in a building or structure, pursuant to Articles 1701 and 1733 of the Codified Ordinances of the City of Bethlehem; and –

Decisions made by a City official and/or City department where by City ordinance, a right of appeal has been created from such decisions to the Board of Appeals.

Procedure for Appeal:
When any person wishes to appeal a decision he shall file an appeal with the Secretary to the Board (Michael Simonson, Chief Building Code Official) within ten days of the official's decision. The appeal shall contain a concise statement of the relevant facts, the decision appealed from, and the basis for the appeal.

An application for appeal may be made when it is claimed that the true intent of the Codes or rules legally adopted thereunder has been incorrectly interpreted, or the provisions of the Code do not fully apply, or an equally good or better method can be used, or that the decision under appeal was made in an arbitrary and capricious manner.
Application for appeal.