[Adopted 7-3-2006 by Ord. No. 06-011]
Upon the refusal of the Building Official, or his/her designee, to grant an application for a building permit, or if the Building Official, or his/her designee, makes any other decision pursuant to, or related to, the following: the Michigan Building Code, as adopted in Chapter 275, Article III; the Michigan Mechanical Code, as adopted in Chapter 275, Article IV; the Michigan Plumbing Code, as adopted in Chapter 275, Article V; the Michigan Electrical Code, as adopted in Chapter 275, Article VI; the Michigan Residential Code, as adopted in Chapter 275, Article VII; and the Michigan Rehabilitation Code for Existing Building, as adopted in Chapter 275, Article VIII, all of the Code of the City of Monroe, Michigan, an interested person, or the person's authorized agent, may appeal in writing to the Construction Board of Appeals. An application for appeal shall be based on a claim that the true intent of the codes or the rules legally adopted have been incorrectly interpreted, the provisions of the codes do not apply, or an equivalent form of construction is proposed.
The Construction Board of Appeals is hereby
created pursuant to Section 14 of Public Act No. 230 of 1972 (MCLA
§ 125.1514). The Construction Board of Appeals shall consist
of three regular members and two alternate members. All members shall
be appointed by the Mayor and confirmed by the City Council, as follows:
one member and one alternate member for one year, one member and one
alternate member for two years, and one member for three years. Thereafter,
each member and each alternate member shall serve for three years
or until a successor has been appointed.
A.
The Construction Board of Appeals shall consist of
three members, one from each of the following professions or disciplines:
(1)
A registered architect or a builder or superintendent
of building construction with at least 10 years' experience, five
of which shall have been in responsible charge of work.
(2)
A mechanical or plumbing contractor with at least
10 years' experience, five of which shall have been in responsible
charge of work.
(3)
An electrical contractor with at least 10 years' experience,
five of which shall have been in responsible charge of work.
B.
If the City is unable to obtain members with the qualifications
set forth in this section, the City may appoint members whose experience
and qualifications are as close as possible to such qualifications.
Alternate members of the Construction Board of Appeals shall be called by the Chair of the Construction Board of Appeals to hear appeals during the absence or disqualifications of a member. Alternate members shall possess the qualifications required for the regular board membership as stated in § 22-37.
The Construction Board of Appeals shall annually
select one of its members to serve as Chair.
A member shall not hear an appeal in which that
member has any personal, professional or financial interest.
The compensation of members of the Construction
Board of Appeals shall be determined by a resolution of the City Council.
The Building Official shall designate a qualified
member of his/her department to serve as secretary to the Construction
Board of Appeals. The Secretary shall file a detailed record of all
proceedings in the office of the Building Official and take all other
action as necessary for the proper and expeditious conduct of the
Construction Board of Appeals.
The Construction Board of Appeals shall meet
upon notice from the Building Official, or within 10 business days
of the filing of a written notice of appeal, or at stated or scheduled
periodic meetings. Public notice of the time, date and place of the
meeting shall be given in the manner required by the Michigan Open
Meetings Act, Act No. 267 of the Public Acts of 1976.[1] The Building Official shall ensure that all meeting notices
are properly posted and that all the notice requirements of the Michigan
Open Meetings Act are complied with. The Building Official shall give
prompt notice to the appellant, or the appellant's representative,
of any scheduled meeting of the Construction Board of Appeals.
[1]
Editor's Note: See MCLA § 15.261
et seq.
All hearings before the Construction Board of
Appeals shall be conducted at a public meeting held in compliance
with the Michigan Open Meetings Act, Act No. 267 of the Public Acts
of 1976. The appellant, the appellant's representative, the Building
Official, his/her designee and any person whose interests are affected
shall be given the opportunity to be heard.
The Construction Board of Appeals shall adopt
and make available to the public through the Secretary procedures
under which a hearing will be conducted. The procedures shall not
require compliance with the strict rules of evidence but shall mandate
that only relevant information be received.
The appellant, the appellant's representative
or the Building Official shall have the right to request a postponement
of the hearing. If the appeal specifically relates to the expertise
of the absent member, the Board may postpone the hearing on its own
motion.
The Construction Board of Appeals shall hear the appeal and render and file its decision with a statement of reasons for the decision with the Building Official not more than 30 days after the submission of the appeal, unless a postponement has been granted as per § 22-46, in which case the Board shall render and file its decision no later than 20 days after the hearing in question has been convened. Failure by the Board to hear an appeal and file a decision within the time limits herein is a denial of the appeal for the purposes of authorizing the institution of an appeal to the State Construction Code Commission. The Board may modify or reverse the decision of the Building Official, or his/her designee, and/or grant a variance of substantive requirements of the code, as set forth below, by a concurring vote of at least two members. All decisions of the Board shall be in writing and copies shall be furnished to the appellant and the Building Official.
A.
Granting variances:
(1)
After a public hearing, the Board may grant a specific
variance to a substantive requirement of the Code if the literal application
of the requirement would result in an exceptional, practical difficulty
to the applicant, and if both of the following requirements are satisfied:
(a)
The performance of the particular item or part
of the building or structure with respect to which the variance is
granted shall be adequate for its intended use and shall not substantially
deviate from performance required by the Code of that particular item
or part for the health, safety and welfare of the people of the City
of Monroe.
(b)
The specific condition justifying the variance
shall be neither so general nor recurrent in nature as to make an
amendment of the Code with respect to the condition reasonably practical
or desirable.
(2)
The Board may attach in writing any condition in connection
with the granting of a variance that, in its judgment, is necessary
to protect the health, safety and welfare of the people of the City
of Monroe. The breach of a condition shall automatically invalidate
the variance and any permit, license and certificate granted on the
basis of it. In no case shall more than the minimum necessary variance
from the Code be granted, and only to alleviate the exceptional, practical
difficulty.
All records of decisions made by the Board of
Appeals shall be kept in the office of the Building Official and shall
be properly indexed and identified by property owner, street address
and/or parcel number. Any writing prepared, owned, used, in the possession
of, or retained by the Board of Appeals in the performance of an official
function shall be kept in the office of the Building Official and
made available to the public in compliance with the Michigan Freedom
of Information Act.[1]
[1]
Editor's Note: See MCLA § 15.231
et seq.
An interested person, or the interested person's
authorized agent, may appeal a decision of the Construction Board
of Appeals to the State Construction Code Commission in accordance
with Act No. 230 of the Public Acts of 1972 (MCLA § 125.1516).
