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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 3204 (May 28, 2022).

34 Pa. Code § 60.6. Variances.

§ 60.6. Variances.

 (a)  The Board will review applications for variances, including those submitted prior to, or concurrent with, the submission of plans; those submitted in connection with an answer to an order to show cause; and those submitted in connection with an appeal to the Secretary; and will advise the Secretary with respect to whether a variance from the act or this chapter, or both, should be granted.

 (b)  The Board may recommend that a variance be granted or denied, and the Secretary may grant or deny a variance. A variance may be granted if all of the following conditions are met:

   (1)  Compliance with the act and this chapter would result in an extreme hardship which may include instances where compliance would result in prohibitive costs or a conflict with local zoning ordinances or where compliance is not feasible due to inherent dimensional, structural or other physical constraints.

   (2)  The extreme hardship has not been created by the applicant.

   (3)  The terms of the variance are consistent with the intent of the act. In existing buildings, the terms of a variance may exempt a portion of the remodeled area from a requirement of the act and this chapter.

 (c)  A request for a variance not acted upon by the Secretary within 60 days after receipt of the request will be deemed granted.

Cross References

   This section cited in 34 Pa. Code §  60.5 (relating to appeal of Department action as to final plans).

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