[Adopted 3-12-1997 by Ord. No. 5421]
Any person shall have the right to appeal a decision of the
Code Official to the Board of Appeals. An application for appeal shall
be based on a claim that the true intent of the Building Code or the
rules legally adopted thereunder have been incorrectly interpreted,
the provisions of the Building Code do not fully apply, or any equivalent
form of construction is to be used.
The Board of Appeals shall consist of five members appointed
by the chief appointing authority as follows: one for five years,
one for four years, one for three years, one for two years, and one
for one year. Thereafter, each new member shall serve for five years
or until a successor has been appointed.
A.
Qualifications.
The Board of Appeals shall consist of five individuals, one from each
of the following professions or disciplines:
(1)
Registered
design professional that is 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)
Registered
design professional with structural engineering or architectural experience.
(3)
Registered
design professional with mechanical or plumbing engineering experience;
or a mechanical or plumbing contractor with at least 10 years' experience,
five of which shall have been in responsible charge of work.
(4)
Registered
design professional with electrical engineering experience; or an
electrical contractor with at least 10 years' experience, five of
which shall have been in responsible charge of work.
(5)
Registered
design professional with fire protection engineering experience; or
a fire protection contractor with at least 10 years' experience, five
of which shall have been in responsible charge of work.
B.
Alternate
members. The chief appointing authority shall appoint two alternate
members who shall be called by the Board Chairman to hear appeals
during the absence or disqualification of a member. Alternate members
shall possess the qualifications required for Board membership, and
shall be appointed for five years or until a successor has been appointed.
C.
Chairman.
The Board shall annually select one of its members to serve as Chairman.
D.
Disqualification
of member. A member shall not hear an appeal in which that member
has any personal, professional or financial interest.
E.
Secretary.
The Chief Administrative Officer shall designate a qualified clerk
to serve as Secretary to the Board. The Secretary shall file a detailed
record of all proceedings in the office of the Chief Administrative
Officer.
F.
Compensation
of members. Compensation of members shall be determined by law.
The Board shall meet upon notice from the Chairman, within 10
days of the filing of an appeal, or at stated periodic meetings.
A.
Open hearing.
All hearings before the Board shall be open to the public. The appellant,
the appellant's representative, the Code Official and any person
whose interests are affected shall be given an opportunity to be heard.
B.
Procedure.
The Board 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 strict rules of evidence
but shall mandate that only relevant information be received.
When five members are not present to hear an appeal, either
the appellant or the appellant's representative shall have the
right to request a postponement of the hearing.
The Board shall modify or reverse the decision of the Code Official
by a concurring vote of three members.
Any person, whether or not a previous party of the appeal, shall
have the right to apply to the appropriate court for a writ of certiorari
to correct errors of law. Application for review shall be made in
the manner and time required by law following the filing of the decision
in the office of the Chief Administrative Officer.
