Subsection 112 Board of Appeals is hereby deleted in its entirety and new Subsection 112 Membership of Board of Appeals is added to read as follows:
112.1 Application for appeal: Any person shall have the right to appeal a decision of the Code official to the Board of Appeals. An application shall be based on the claim that the intent of this Code has been incorrectly interpreted, that the provisions of this Code do not fully apply or an equivalent form of construction is to be used.
112.2 Membership of Board: The Board of Appeals shall consist of three (3) members, one (1) member appointed by the City, one (1) member chosen by the applicant, and a third member mutually chosen by the City and the applicant.
112.3 Qualifications: Each member of the board must be a design professional registered with the State of Missouri as an architect or engineer or as a builder or superintendent of building construction with at least ten (10) years of experience, five (5) of which will have been in responsible charge of work. The design professional, builder or superintendent of construction must have experience in designing, building or installing the systems, equipment or types of construction which the appeal concerns.
112.4 Chairman: The board shall select one (1) of its members to serve as chairman.
112.5 Disqualification of member: A member shall not hear an appeal in which that member has any personal, professional or financial interest.
112.6 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.
112.7 Compensation of members: Compensation of members shall be determined by law.
112.8 Meetings: The Board members shall be appointed within twenty (20) days of an appeal being filed with the Building Commissioner. Credentials of the chosen members shall be exchanged between the City and the applicant within the twenty (20) day period. If within the twenty (20) day period the City and applicant have been unable to agree upon the third board member, the two (2) chosen members shall choose a qualified third member. If the two (2) board members are unable to reach agreement upon a third member, the City Manager shall appoint the third qualified member. In the case where the City Manager appoints the third member, such appointed member must be a registered design professional with at least ten (10) years' experience in the design and construction of the system, equipment or type of construction upon which the appeal is based.
112.9 Open hearings: The applicant, the applicant's representative, the Code Official and any person whose interests are affected shall be given an opportunity to be heard.
112.10 Procedure: The Board shall adopt and make available to the public procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence. Only relevant information shall be received into evidence.
112.11 Postponed hearing: When three (3) board 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.
112.12 Board decision: The board shall modify or reverse the decision of the Code Official by a concurring vote of two (2) members.
112.13 Resolution: The decision of the board shall be by resolution. Certified copies shall be furnished to the appellant and the official.
112.14 Administration: The Code Official shall take action in accordance with the decision of the board.
112.15 Court review: 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.