Subsection 113 Board of Appeals (page 10) is hereby deleted
in its entirety and new Subsection 113 Board of Appeals is added to
read as follows:
113.1 Application For Appeal: Any person shall have the right
to appeal a decision of the code official to the Board of Appeals.
An application for appeal shall be based on a claim that the true
intent of this code or the rules legally adopted hereunder have been
incorrectly interpreted, the provisions of this code do not fully
apply, or an equivalent form of construction can and should be used.
113.2 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 appellant, and a third member mutually chosen
by the City and the applicant.
113.3 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.
113.4 Chairperson: The board shall select one (1) of its members
to serve as chairperson.
113.5 Disqualification Of Member: A member shall not hear an
appeal in which that member has any personal, professional or financial
interest.
113.6 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.
113.7 Compensation Of Members: Compensation of members shall
be determined by law.
113.8 Meetings: The board members shall be appointed within
thirty (30) days of an appeal being filed with the building Administrator.
Credentials of the chosen members shall be exchanged between the City
and the applicant within the thirty-day period. If within the thirty-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.
113.9 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.
113.10 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.
113.11 Postponed Hearing: When three (3) 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.
113.12 Board Decision: The board shall only modify or reverse
the decision of the code official by a concurring vote of two (2)
members.
113.13 Decision: Certified copies of the board's decision shall
be furnished to the applicant and code official.
113.14 Administration: The code official shall take immediate
action in accordance with the decision of the board.
113.15 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 of the chief administrative officer.