Chapter 2.42
BUILDING CODE BOARD OF APPEALS
Sections:
2.42.010 Creation.
2.42.020 Limitations on authority.
2.42.030 Membership of board.
2.42.040 Alternate members.
2.42.050 Qualifications.
2.42.060 Member disqualification.
2.42.070 Secretary.
2.42.080 Procedure.
2.42.090 Postponed hearing.
2.42.100 Board decision.
2.42.110 Resolution.
2.42.120 Appeal of board decision.
2.42.130 Administration.
2.42.010 Creation.
In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board shall be appointed by the mayor, with the concurrence of the council, and shall hold office at the pleasure of the governing body. The board shall adopt rules of procedure for conducting its business. The board shall annually select one of its members to serve as chairperson. (Ord. 821 § 1 (part), 2007)
2.42.020 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. (Ord. 821 § 1 (part), 2007)
2.42.030 Membership of board.
The board of appeals shall consist of five persons as follows: one for five years; one for four years; one for three years; one for two years; and one for one year. Thereafter, each new member shall serve for five years or until a successor has been appointed. (Ord. 821 § 1 (part), 2007)
2.42.040 Alternate members.
The appointing authority shall appoint two alternate members who shall be called by the board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership and shall be appointed for five years, or until a successor has been appointed. (Ord. 821 § 1 (part), 2007)
2.42.050 Qualifications.
The board of appeals shall consist of five individuals from the following professions or disciplines: registered design professional with architectural experience or a builder or superintendent of building construction with at least ten years’ experience, five of which shall have been in responsible charge of work; registered design professional with mechanical and plumbing engineering experience or a mechanical contractor with at least ten years’ experience, five of which shall have been in responsible charge of work; registered design professional with electrical engineering experience or an electrical contractor with at least ten years’ experience, five of which shall have been in responsible charge of work; registered design professional with fire protection engineering experience or a fire protection contractor with at least ten years’ experience, five of which shall have been in responsible charge of work; and registered design professional with structural engineering experience. (Ord. 821 § 1 (part), 2007)
2.42.060 Member disqualification.
A member shall not hear an appeal in which that member has a personal, professional, or financial interest. (Ord. 821 § 1 (part), 2007)
2.42.070 Secretary.
The city manager, or designee, shall appoint a qualified clerk to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the city clerk. (Ord. 821 § 1 (part), 2007)
2.42.080 Procedure.
The board shall adopt and make available to the public procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. The board shall meet upon notice from the chairperson, within ten days of the filing of an appeal, or at stated periodic meetings. All hearings before the board shall be open to the public. The appellant, the appellant’s representative, the building official and any person whose interests are affected shall be given opportunity to be heard. (Ord. 821 § 1 (part), 2007)
2.42.090 Postponed hearing.
When five members are not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing. (Ord. 821 § 1 (part), 2007)
2.42.100 Board decision.
The board shall modify or reverse the decision of the building official by a concurring vote of two-thirds of its members. (Ord. 821 § 1 (part), 2007)
2.42.110 Resolution.
The decision of the board shall be by resolution. A copy shall be furnished to the appellant and to the building official. (Ord. 821 § 1 (part), 2007)
2.42.120 Appeal of board decision.
Appeal of the board’s decision by the appellant or by the building official shall be to the hearing examiner. (Ord. 821 § 1 (part), 2007)
2.42.130 Administration.
The building official shall take immediate action in accordance with the decision of the board, subject to any further appeal actions. (Ord. 821 § 1 (part), 2007)