Chapter 15.80
BUILDING AND FIRE BOARD OF APPEALS
Sections:
15.80.010 Building and Fire Board of Appeals.
15.80.020 Appointment Schedule.
15.80.070 Repeal of Conflicting Provisions.
15.80.010 Building and Fire Board of Appeals.
To hear and decide appeals of orders, decisions or determinations made by the Building Official or the Fire Marshal relative to the application and interpretation of the Building Code (Chapters 15.02 through 15.14) and Fire Code (Title 9), as adopted by the City, and any other matter specified in the Code, there shall be and is hereby created a Building and Fire Board of Appeals consisting of seven members who are qualified by experience and training to pass upon matters pertaining to building construction, building service equipment, fire protection and fire protection equipment. The Building Official and the Fire Marshal shall be ex officio members and shall act as secretary to said Board but shall have no vote upon any matter before the Board. The Building and Fire Board of Appeals shall be appointed by the City Council and shall not include any employees of the City. The Board shall adopt rules of procedure for conducting its business and it may recommend to the City Council such new legislation as is consistent therewith. (Ord. 2023-22 § 749, 2023; Ord. 2011-14 § 2 (part), 2011)
15.80.020 Appointment Schedule.
All current qualified members of the Building and Fire Board of Appeals shall remain as members. Board members shall be appointed by the City Council on a staggered schedule with the first appointment occurring in 2011. Two members shall be appointed in 2012, an additional two members shall be appointed in 2013, and an additional two members shall be appointed in 2014. Each appointment shall be for a four-year term. (Ord. 2011-14 § 2 (part), 2011)
15.80.030 Basis of Appeal.
An application for appeal of orders, decisions or determinations made by the Building Official or the Fire Marshal shall be based on a claim that the true intent of either the building code or fire code or their related rules, as adopted by the City, have been incorrectly interpreted, do not apply, or an alternate equally good or better form of construction or method of protection or safety exists. The Building and Fire Board of Appeals shall have no authority to waive the requirements of the City’s adopted building and fire codes or their related rules. (Ord. 2011-14 § 2 (part), 2011)
15.80.040 Time Limits.
Appeals shall be initiated within fourteen (14) days of the order, decision or determination being appealed. (Ord. 2011-14 § 2 (part), 2011)
15.80.050 Initiation.
A. Filing of Appeals. Appeals shall be made by any interested person in writing to the Community Development Director.
B. Fee. Appeals shall be accompanied by a fee as established by resolution of the City Council.
C. Effect on Decisions. Orders, decisions or determinations that are appealed shall not become effective until the appeal is resolved by the Building and Fire Board of Appeals. (Ord. 2011-14 § 2 (part), 2011)
15.80.060 Procedures.
A. Hearing Date. An appeal shall be scheduled for a hearing before the Building and Fire Board of Appeals within thirty (30) days of the filing of the appeal unless both appellant and the City consent to a later date.
B. Notice and Public Hearing. An appeal hearing shall be a public hearing. Notice of appeal hearings shall be given in the manner required for other public hearings within the City.
C. Plans and Materials. At an appeal hearing, the Building and Fire Board of Appeals shall consider only the same application, plans and project-related materials that were the subject of the original order, decision, or determination unless a majority of the Building and Fire Board of Appeals decides new information shall be allowed.
D. Hearing. At the appeal hearing, the Building and Fire Board of Appeals shall review the record of the original order, decision, or determination and hear testimony of the appellant and any other interested party.
E. Required Findings. At the appeal hearing, the Building and Fire Board of Appeals shall make the findings prescribed for the original order, decision, or determination when affirming, modifying or reversing the original order, decision, or determination.
F. Decision and Notice. After the hearing, the Building and Fire Board of Appeals shall affirm, modify or reverse the original order, decision, or determination. When an order, decision, or determination is modified or reversed, the Building and Fire Board of Appeals shall state the specific reasons for modification or reversal. The Community Development Director shall mail written notice of the decision to the appellant within ten (10) working days of the close of the hearing.
G. Final. The decision of the Building and Fire Board of Appeals shall be final as to the City but subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. (Ord. 2023-22 § 750, 2023; Ord. 2011-14 § 2 (part), 2011)
15.80.070 Repeal of Conflicting Provisions.
All prior ordinances and resolutions relating to the Building and Fire Board of Appeals that conflict with Chapter 15.80 are hereby repealed. (Ord. 2011-14 § 2 (part), 2011)