Chapter 2.27
ACCESS APPEALS BOARD

Sections:

2.27.010    Creation.

2.27.020    Definition.

2.27.030    Designation of Building Official.

2.27.040    Purpose and intent.

2.27.050    Functions and duties.

2.27.060    Membership.

2.27.070    Meeting schedule.

2.27.010 Creation.

There is hereby created an Access Appeals Board. The provisions of Article VI of the City Charter, Chapter 2.25 CVMC and this chapter shall govern this Board. (Ord. 3211 § 2, 2011; Ord. 2605 § 1, 1994).

2.27.020 Definition.

The term “disabled” is defined in a manner identical with the definition found in the federal Americans with Disabilities Act. (Ord. 3211 § 2, 2011; Ord. 2790, 1999; Ord. 2605 § 1, 1994).

2.27.030 Designation of Building Official.

Building Official shall be designated by the City Manager. (Ord. 3211 § 2, 2011).

2.27.040 Purpose and intent.

It is the purpose and intent of the City Council in establishing the Access Appeals Board to create a body to conduct hearings on written appeals brought by any person regarding actions taken by the Building Division of the City, as in enforcing the requirements of California Health and Safety Code, Division 13, Part 5.5. (Ord. 3211 § 2, 2011; Ord. 2605 § 1, 1994).

2.27.050 Functions and duties.

The functions and duties of the Access Appeals Board shall be to hear and decide written appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of disabled access issues pursuant to California Health and Safety Code, Division 13, Part 5.5 and Title 24 of the California Code of Regulations (State Building Code), in accordance with California Health and Safety Code, Section 19957.5. (Ord. 3211 § 2, 2011; Ord. 2605 § 1, 1994).

2.27.060 Membership.

A. The Access Appeals Board shall consist of five voting members, to be appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter.

B. The voting members must also meet the eligibility criteria as set forth in the California Health and Safety Code, Section 19957.5, as follows: two members shall be physically disabled persons, two members shall be persons experienced in construction, and one member shall be a member of the public. (Ord. 3211 § 2, 2011; Ord. 2605 § 1, 1994).

2.27.070 Meeting schedule.

The Board shall meet on an as-needed basis, as determined by the filing of disabled access complaints, but shall hold no more than one meeting each month. The meeting shall commence at a time designated by the chair or at 4:00 p.m. on the second Monday of each month, immediately prior to the meeting of the Board of Appeals and Advisors. The Board shall meet in Building 200 (Development Services), located in the Civic Center, at 276 Fourth Avenue, Chula Vista. The Board may change its regular meeting day, time or location by written resolution in accordance with CVMC 2.25.200. (Ord. 3211 § 2, 2011; Ord. 2605 § 1, 1994).