Section 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.

The provisions of this § 49.15 adopted May 18, 1984, effective May 19, 1984, 14 Pa.B. 1765.

Notation

Notes of Decisions

Board Precedent

Where there is no statement of facts or rationale explaining what other factors the Industrial Board might have considered in granting a second level minimum exit variance in a particular case, there is no basis to support petitioners’ argument that the Board should be bound by its prior decisions. Valimont v. Department of Labor and Industry, 667 A.2d 759 (Pa. Cmwlth. 1995).

Variance

Petitioners contention that the installation of interconnecting smoke and heat detectors and a sophisticated security system adequately protects occupants of the second level from the hazards of fire and panic is rejected and a variance will not be granted. Although these special systems can warn second floor occupants when there is fire or panic below, such technology does not provide second level occupants, having been warned, with a direct exit path to the exterior of the building. Valimont v. Department of Labor and Industry, No. 847 C. D. 1995, 1995 Pa. Cmwlth. LEXIS 529 (1995).

Cross References

This section cited in 34 Pa. Code § 50.86 (relating to variances).