For the purpose of this article, the following terms, phrases, words and their derivation shall have the meaning given herein:
Board
means the construction board of appeals of the City of Frisco, Texas.
Board member
means the members of the construction board of appeals, excluding the building official who shall serve as an ex officio member of the board.
Building official
means the building official of the City of Frisco, Texas, or his designee.
City
means the City of Frisco, Texas.
City manager
means the city manager of the City of Frisco, Texas, or his designee.
Fire code official
means the fire marshal of the City of Frisco, Texas, or his designee.
International Codes
when used herein shall mean the International Residential Code, the International Energy Conservation Code, the International Building Code, the International Plumbing Code, the International Fuel Gas Code, the International Mechanical Code, the National Electrical Code, the International Property Maintenance Code and the International Fire Code, as they currently exist or may be amended.
(Ordinance 02-02-28, sec. 2, adopted 2/5/02; Ordinance 17-11-79 adopted 11/7/17)
The board shall consist of five members, who shall be the same as the members of the board of adjustment. The initial board members shall be those persons serving on the board of adjustment on the effective date of the ordinance from which this article is derived. Thereafter, all persons serving on the board of adjustment shall be considered board members. The terms of the board members shall be consistent with the members of the board of adjustment as set forth in Ordinance Nos. 92-01-02 and 92-07-11, as they currently exist or may be amended. In addition to the five board members, the building official shall serve as an ex officio member of the board, but shall have no right to vote on any matter before the board. Each board member shall serve without compensation, but may be reimbursed for actual expenses approved in advance by the city council.
(Ordinance 02-02-28, sec. 4, adopted 2/5/02; Ordinance 02-03-40, sec. 4, adopted 3/5/02)
Each board member shall be qualified by experience and/or training to consider and vote on matters within the jurisdiction of the board and shall not be employees of the city. Each board member shall have any other qualifications as the city council deems necessary and appropriate.
(Ordinance 02-02-28, sec. 5, adopted 2/5/02)
The board shall have its regular meeting on the third Thursday of each month, if needed, and at such other time as the board and/or city council deem necessary and appropriate.
(Ordinance 02-02-28, sec. 6, adopted 2/5/02)
When vacancies occur on the board, the city council shall appoint, by majority vote, a replacement to serve the remainder of the term.
(Ordinance 02-02-28, sec. 7, adopted 2/5/02)
Each board member serves at the pleasure of the city council and may be removed at the discretion of the city council. Board member absences shall be controlled by article VIII of the city's Charter.
(Ordinance 02-02-28, sec. 8, adopted 2/5/02)
Four board members shall constitute a quorum of the board for the purpose of conducting its business, exercising its powers and for all other purposes.
(Ordinance 02-02-28, sec. 9, adopted 2/5/02)
The board shall have three alternate board members appointed by the city council to serve in the absence of one or more regular board members when requested to do so by the mayor or city manager. Each alternate board member serves for the same period as a regular board member and is subject to removal in the same manner as a regular board member. A vacancy among the alternate board members is filled in the same manner as a vacancy among the regular board members. An alternate board member serves upon the same terms and conditions as a regular board member.
(Ordinance 02-02-28, sec. 10, adopted 2/5/02)
The board shall have a chairman, vice-chairman and secretary whose terms shall be one year. The chairman, vice-chairman and secretary shall be elected by the board members. The chairperson shall preside over meetings and shall be entitled to vote upon each issue. The vice-chairman shall assist the chairman in directing the affairs of the board. In the absence of the chairman, the vice-chairman shall assume all duties of the chairman. The secretary shall keep the minutes of all meetings, and in the secretary's absence, the chairman shall designate another member to act as secretary. The secretary may accept the assistance of city personnel in taking and transcribing minutes.
(Ordinance 02-02-28, sec. 11, adopted 2/5/02)
(a) 
Authority of the board.
The board may hear and decide an appeal that alleges error in an order, requirement, decision or determination made by the building official and/or fire code official in the enforcement of the International Codes and this article, as it exists or may be amended. In exercising the board's authority herein, the board may reverse or affirm, in whole or in part, or modify the building official's or fire code official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose, the board has the same authority as the building official or fire code official. The board shall have no power to obligate the city in any manner whatsoever. The board's finances shall be handled in the same manner as any other board of the city. The board shall have no authority to waive any requirement contained in any of the International Codes.
(b) 
Basis of board's decision/vote required.
In order to make a finding for the appellant, the board must make a determination that the true intent of any of the International Codes has been incorrectly interpreted by the building official or fire code official; that a provision of the International Codes, made the subject of the appeal, does/do not fully apply; or an equally good or better form of construction of the specific International Code, made the subject of the appeal, is proposed. The concurring vote of four members of the board is necessary to reverse an order, requirement, decision or determination of the building official or fire code official.
(c) 
Minutes.
The board shall keep and maintain minutes of any and all proceedings held and shall submit a written report of such proceedings to the city council not more than three weeks following each such meeting.
(d) 
Adoption of rules and regulations.
The board may adopt rules and regulations for the conduct of its business. All rules and regulations adopted by the board shall be reviewed and approved by the city council. The rules and regulations shall be consistent with and not in conflict with this article, the International Codes and/or other rules and regulations prescribed by the city council. The board shall function according to the laws of the state, the city's Charter, the International Codes and the provisions of this article.
(e) 
Written decision.
The board shall render all decisions in writing to the appellant with a copy to the building official.
(Ordinance 02-02-28, sec. 12, adopted 2/5/02; Ordinance 17-11-79 adopted 11/7/17)
(a) 
Building official's or fire code official's order, requirement, decision or determination.
Appeals from an order, requirement, decision or determination of the building official or fire code official shall be made in writing to the city manager's office within seven working days of the order, requirement, decision or determination of the building official or fire code official. The city manager shall notify the building official or fire code official and the appellant of the placement of the appeal on the first available board agenda in compliance with the Texas Open Meetings Act.
(b) 
Board's decision.
Appeals from a decision of the board shall be made in writing to the city council within seven working days of the written decision of the board. The city secretary shall notify the building official and the appellant of the placement of the appeal on the first available city council agenda in compliance with the Texas Open Meetings law. The decision of the city council is final.
(c) 
Conflicts between this article and the International Codes.
In all cases of conflict between a provision of this article and a provision of the International Codes, this article shall prevail.
(Ordinance 02-02-28, sec. 13, adopted 2/5/02; Ordinance 17-11-79 adopted 11/7/17)