[Adopted 12-28-1976 by Ord. No. 23-76[1] (Ch. 7 of the 1974 Code)]
[1]
Editor's Note: This ordinance provided an effective date of 12-31-1976.
There is hereby established a Construction Board of Appeals to hear appeals from decisions by the Building Department.
A. 
Said Board shall consist of five members.
B. 
At least one of the members shall be either a registered architect or licensed professional engineer of building construction experience, and at least one member of the Board shall be as qualified as a Plumbing Subcode Official, and one as qualified as an Electrical Subcode Official. Members of the Board need not be certified. No more than two members of the Board shall be selected from the same profession or business. Each Board member shall have had at least three years' experience in construction, design or supervision as a licensed engineer or registered architect; or, in the alternative, five years' experience in construction, design or supervision as an architect or engineer, with a bachelor's degree in architecture or engineering from an accredited institution of higher education; or, as a further alternative, 10 years' experience in construction, design or supervision as a journeyman in a construction trade or as a construction contractor, subcontractor or inspector.
C. 
The Mayor, with the advice and consent of the Municipal Council, shall appoint the Board members, one of whom shall be designated as Chairman, and any alternate members.
D. 
No employee of the Totowa Building Department may serve on the Board of Appeals or as an alternate for said Board. Other municipal, county and state employees may serve on the Board, provided that they be disqualified from consideration of matters affecting municipal-, county- or state-owned or leased structures.
A. 
Board members shall be appointed for terms of four years. The terms of the members first appointed shall be so determined so that one shall be appointed for a term of one year, one for a term of two years, one for a term of three years and two for terms of four years. At the expiration of such terms and thereafter, appointments shall be made for terms of four years. All vacancies shall be filled for the unexpired term.
B. 
Alternates may be appointed to serve during the absence or disqualification of any member. Such appointments may be for a specified term not to exceed four years or on a case-by-case basis.
All members of the Board of Appeals shall serve without compensation, but they shall be reimbursed for all necessary expenses incurred by them in the performance of their duties.
No member of the Board of Appeals shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
The Board of Appeals shall have a Secretary, who shall be a Clerk from the Building Department, as designated by the Construction Official.
All appeals, procedures of the Board and decisions of the Board shall be in accordance with Article 15 of the Regulations for the New Jersey Uniform Construction Code and such further rules and regulations as may be adopted by the Board not inconsistent with any specific state regulation or municipal ordinance or with their stated intent.