The purpose of this board is to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of the city’s building codes and ordinances.
(1995 Code, sec. 33.45; Ordinance 3797 adopted 10/4/2005)
Applications for appeal to this board shall be based on a claim that the true intent of the city’s building codes and ordinances or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the codes and ordinances do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive any requirements of the codes and ordinances. The board may be requested to review proposed revised building codes and provide the council with recommendations on adoption.
(1995 Code, sec. 33.46; Ordinance 3797 adopted 10/4/2005)
The board shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the city.
(1995 Code, sec. 33.47; Ordinance 3797 adopted 10/4/2005)
The board shall consist of nine members. Such members shall be composed of one licensed architect, one licensed engineer, one licensed plumber, one licensed heating and air conditioning mechanic, one licensed electrician, one residential contractor, one commercial contractor, one commercial property developer and one member at large from the public. A board member shall not act in a case in which he or she has a personal or financial interest.
(1995 Code, sec. 33.49; Ordinance 3797 adopted 10/4/2005)
The terms of office of the board shall be staggered so not more than 1/3 of the board is appointed or replaced in any 12-month period. The council shall initially appoint three members for one year, three members for two years, and three members for three years. Each appointment thereafter shall be for a three-year period. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from required meetings of the board shall, at the discretion of the council, render any such member subject to immediate removal from the board.
(1995 Code, sec. 33.50; Ordinance 3797 adopted 10/4/2005)
A simple majority of the board shall constitute a quorum. In modifying a decision of the building official, not less than five affirmative votes, but not less than a majority of the board present, shall be required.
(1995 Code, sec. 33.51; Ordinance 3797 adopted 10/4/2005)
The members of the board shall elect from their membership a chairman to serve for a period of one year. The chairman shall conduct the meetings of the board, ensuring that all members’ opinions are heard and all members’ votes are duly recorded. In the absence of the standing chairman, the members shall elect an interim chairman to conduct the meeting. The building official shall serve as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decisions, the vote of each member, the absence of a member and any failure of a member to vote.
(1995 Code, sec. 33.52; Ordinance 3797 adopted 10/4/2005)
(a) 
The board shall have the power to hear appeals of decisions and interpretations of the building official for the city and consider variances of the technical building codes. The board shall meet on the call of the chairman and shall meet within 30 calendar days after notice of appeal has been received.
(1) 
Appeals.
The owner of a building, structure or service system, or his duly authorized agent, may appeal a decision of the building official to the board whenever any one of the following conditions are claimed to exist:
(A) 
The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system.
(B) 
The provisions of the building codes do not apply to this specific case.
(C) 
An equally good or more desirable form of installation can be employed in any specific case.
(D) 
The true intent and meaning of this code or any of the regulations thereunder have been misconstrued or incorrectly interpreted.
(2) 
Variances.
The board, when so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of the technical building codes or public interest, and finds all of the following:
(A) 
That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others.
(B) 
That the special conditions and circumstances do not result from the action or inaction of the applicant.
(C) 
That granting the variance requested will not confer on the applicant any special privilege that is denied by the building codes to other building codes [sic] to other buildings, structures or service systems.
(D) 
That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system.
(E) 
That the grant of the variance will be in harmony with the general intent and purpose of the building codes and will not be detrimental to the public health, safety and general welfare.
(b) 
In granting the variance, the board may prescribe a reasonable time limit in which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with the building codes. Violation of conditions of a variance shall be deemed a violation of the building codes.
(1995 Code, sec. 33.53; Ordinance 3797 adopted 10/4/2005)
Notice of appeal shall be in writing and filed within 30 calendar days after the building official renders the decision. Appeals shall be in a form acceptable to the building official.
(1995 Code, sec. 33.54; Ordinance 3797 adopted 10/4/2005)
The board shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of the building codes, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the applicant and a copy shall be publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final; subject, however, to such remedy as any aggrieved party might have at law or in equity.
(1995 Code, sec. 33.55; Ordinance 3797 adopted 10/4/2005)