Chapter 2.20
UNIFIED BOARD OF APPEALS
(Effective until June 18, 2024)
Sections:
2.20.010 Creation of Board.
A Unified Board of Appeals is hereby created. Such Board shall be composed as follows:
A. The Director of Building Safety. The Director of Building Safety (“Building Official”) shall serve as an ex officio nonvoting member and shall be the Secretary of the Board, and in said capacity shall be responsible for issuing and serving notices of meetings and hearings, notices of Board action, maintaining a record of the proceedings of the Board and delivering all official records and documents of the Board into the custody of the County Clerk for maintenance as a public record.
B. Seven Lay Members. The Board of County Commissioners shall appoint members to a two-year term. The Board of County Commissioners may reappoint members if they deem it necessary or desirable. There shall be one member from each of the following categories: a licensed engineer; a licensed architect; a registered general contractor; a registered electrical contractor; a registered plumbing contractor; a registered heating/air conditioning (mechanical) contractor; and a member of the business community of the County.
C. Four Panel Members. In addition to the seven regular Board members, a panel of four members shall be appointed by the Board of County Commissioners. Each of these panel members shall have special knowledge in one of the following fields: building construction; heating and air conditioning; electrical installations; and plumbing installations. A member of this panel shall be notified to attend each meeting wherein an appeal is being made concerning his identified specialty, and he shall function as a full voting member of the Board upon matters pertaining to his specialty.
D. Chairman. The Board shall elect a Chairman from among its regular members, and shall adopt rules governing conduct of the proceedings before the Board. [Ord. 82-11 § 1; Ord. 82-10 § 1.]
2.20.020 Jurisdiction.
A. Mandatory. This Board shall not entertain appeals based upon legal attacks to the code itself, since the code is the law of the State of Oregon. The Board shall accept or consider an appeal if it is based upon:
1. The contention that a County official has abused or erroneously exercised his authority in the administration or enforcement of the code.
2. The contention that a section of the code is ambiguous, or that an alternate solution considered feasible by an appellant has been denied by the Building Official.
B. Advisory. The Board shall act as an Advisory Board to the Building Safety Department in matters concerning needs of the department pertaining to methods of administering the code, methods of enforcing the code, public relations aspects, technical interpretations of the various codes, and such other matters as are determined by the Director of Building Safety to be necessary. The Board shall consider proposals for code changes submitted by any citizen or member for clarifying or improving the code in the interest of the public and justice, and may recommend these changes to the appropriate State Board. [Ord. 82-11 § 2; Ord. 82-10 § 2.]
2.20.030 Meetings.
The Board shall meet once per month, or as often as is deemed necessary by the Building Safety Director, on matters of advising the Building Safety Department and/or to hear appeals from persons aggrieved by decisions of the Building Official. All meetings of the Board shall be public, and a quorum for business shall consist of seven members, one of whom may be an ex officio member. [Ord. 82-11 § 3; Ord. 82-10 § 3.]
2.20.040 Function.
The Board herein constituted shall perform the functions of those Boards of Appeals created by:
A. Section 204 of the State Building Code.
B. Section 203 of the State Mechanical Code. [Ord. 82-11 § 4; Ord. 82-10 § 4.]
2.20.050 Procedure.
Whenever an appeal is to be made, the applicant shall file a notice of appeal with the Director of Building Safety, who shall give such notices and take such action as may be necessary to cause the Board to hear and consider the matter in a timely manner.
The Board shall, by written order signed by the Chairman and filed with the County Clerk, notify the appellant of its decision to affirm, reverse, or modify the order of the Building Official. [Ord. 82-11 § 5; Ord. 82-10 § 5.]
2.20.060 Further appeal.
Any person aggrieved by the decision of the Board herein constituted may, within 30 days after the date of the decision, appeal to the State Structural Code Advisory Board according to the procedures outlined in Section 204 of the Building Code on matters concerning structural, mechanical, or fire and life safety. Appeals to decisions of the Board regarding electrical or plumbing matters shall be referred to the appropriate State Board as prescribed by state law. The Building Safety Director shall make such procedures as are in effect at the time of the appeal known to the appellant. [Ord. 82-11 § 6; Ord. 82-10 § 6.]