CHAPTER 1-21: ADVISORY AND APPEALS BOARD

SECTIONS:

1-21-1:    CREATED:

1-21-2:    QUALIFICATIONS OF BOARD MEMBERS:

1-21-3:    CHAIRMAN AND VICE-CHAIRMAN:

1-21-4:    JURISDICTION:

1-21-5:    PROCEDURE:

1-21-6:    MEETINGS:

1-21-7:    APPLICATION:

1-21-8:    NOTIFICATION OF DECISION:

1-21-1 CREATED:

There is hereby created an Advisory and Appeals Board consisting of nine (9) members, who shall be residents of the City of Prescott, to pass on matters pertaining to the Building, Electrical, Mechanical, and Plumbing Codes of the City, each to be appointed by the Council. The minimum number of appointees representing each trade is set forth in Section 1-21-2. The term of office for members shall be three (3) year staggered terms, with terms to expire in March of the respective year. Members may continue to serve until their successors are duly appointed. Vacancies shall be filled by the City Council only for the unexpired term of the Board members creating the vacancy. (Ord. 1650, 12-83; Ord. 2365, effective 4-14-92; amd. Ord. 4738-1035, eff. 04-13-2010)

1-21-2 QUALIFICATIONS OF BOARD MEMBERS:

(A) Building - Two (2) members shall be from the building trade, general contractor, structural engineer or other qualified person knowledgeable in the field of building construction.

(B) Electrical - Two (2) members shall be from the electrical trade, an electrical contractor, journeyman or electrical engineer knowledgeable in the electrical field and codes.

(C) Mechanical - Two (2) members shall be from the heating and air conditioning trades, a contractor, journeyman or other person knowledgeable in the field of heating and air conditioning.

(D) Plumbing - Two (2) members shall be from the plumbing trade, a contractor, journeyman or person qualified by experience in the field of plumbing and sanitary engineering. (Ord. 1049, 12-10-73)

1-21-3 CHAIRMAN AND VICE-CHAIRMAN:

(A) Chairman - the city council shall appoint a chairman in March of each year from the Board’s membership. (Ord. 2365, 4-14-92; amd. Ord. 4738-1035, eff. 04-13-2010)

(B) Vice-Chairman - the city council shall appoint a vice-chairman in March of each year from among the Board’s membership to represent the chairman in his or her absence. (Ord. 2365, 4-14-92; amd. Ord. 4738-1035, eff. 04-13-2010)

(C) The Fire Department, utility companies and other expert personnel may be called upon by the Board but shall have no vote.

(D) Absences: If any member shall be absent for more than two (2) consecutive meetings without notifying the Chairman or the Building Division Director, or shall be absent for more than thirty percent (30%) of all meetings during any one twelve-month period for any reason, he or she shall thereupon automatically cease to hold membership on the Advisory and Appeals Board without any further action being taken by either the Board or the City Council. It shall be the responsibility of the Chairman of the Board to so notify the City Council immediately upon the creation of a vacancy pursuant to this Section. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Meetings as used in this Section shall include all regular and special meetings, study sessions and field inspections. (Ord. 2278, 6-25-91; amd. Ord. 4738-1035, eff. 04-13-2010)

1-21-4 JURISDICTION:

The Board shall establish procedures for the following:

(A) The Board shall receive appeals from any person, firm, corporation or political subdivision to determine the suitability of alternate materials or methods of construction and to provide reasonable interpretations of the Code. Also to review any decision rendered by the Building Official when there has been an appeal presented.

(B) No appeal shall be acted on unless at least one member is present from the trade or profession making the appeal. (Ord. 1427, 3-10-80; amd. Ord. 2112, 9-12-89)

1-21-5 PROCEDURE:

The Board shall establish rules and regulations for its procedures not inconsistent with the provisions of this Ordinance. The Building Official shall be an ex officio member and shall act as secretary of the Board and maintain detailed records of all proceedings on file in the Building Division and perform other secretarial duties as required by the Board. (Ord. 1049, 12-10-73)

(A) Quorum - Five (5) members of the Board shall constitute a quorum in acting on any appeal or conducting any official business of the Board. No member of the Board shall pass on any question in which he is engaged as contractor or material dealer or is engaged in the preparation of the plans or specifications or in which he has any personal interest. (Ord. 2112, 9-12-89)

1-21-6 MEETINGS:

(A) The Board shall meet upon notice of the Building Official within ten (10) working days of the filing of an appeal or at stated periodic meetings. A meeting shall be called at the request of the Building Official, Chairman or any member of the Board.

(B) All hearings shall be public and the appellant, his representative and any other person whose interest may be affected by the matter on appeal shall be given an opportunity to be heard and notice of said hearing shall be given to the appellant at least five (5) days before said hearing is to take place.

(C) Notwithstanding the foregoing provisions, the Board shall have the authority to meet in executive session pursuant to Title 38, Chapter 3, Article 3.1 of the Arizona Revised Statutes, for the purposes as set forth therein. (Ord. 2279, 6-25-91)

1-21-7 APPLICATION:

All applications to the Board shall be presented in writing with sufficient information, data and applicable documents for the Board to render a decision.

1-21-8 NOTIFICATION OF DECISION:

The Board shall render all decisions and findings in writing with a duplicate copy to the appellant, where applicable, and may recommend to the City Council such legislation as is consistent therewith. (Ord. 1049, 12-10-73)