In order to hear and decide appeals of orders, decisions or determinations made by the city official relative to the application and interpretation of the International Building Code, International Residential Code, International Mechanical Code, International Plumbing Code, International Energy Code, International Gas Code, International Fire Code, International Electrical Code, International Property Maintenance Code, and National Electrical Code, and any appeals related to the enforcement of article 24.08 of this code, there shall be and is hereby created a board of appeals, known as the “building and fire codes appeal board” or “board” in this article. The building official and fire chief shall be ex officio members of said board but shall have no vote on any matter before the board. The building and fire codes appeal board shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the city official.
(2006 Code, sec. 18-21; Ordinance 06-05-690, sec. 3 (34.80), adopted 5/1/06; Ordinance adopting 2015 Code)
There is hereby created, upon passage of this article, the building and fire codes appeal board consisting of five regular members.
(2006 Code, sec. 18-22; Ordinance 06-05-690, sec. 3 (34.81), adopted 5/1/06)
(a) 
The building and fire codes appeal board shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and/or property maintenance and are not employees of the jurisdiction.
(b) 
It is recommended the board consist of individuals from some of the following professions or disciplines, and all members shall be a qualified voter of the city:
(1) 
A registered design professional with architectural experience or a builder or superintendent of building construction.
(2) 
A registered design professional with structural engineering experience or a builder or superintendent of building construction.
(3) 
A registered design professional with mechanical and plumbing engineering experience or a mechanical/plumbing contractor.
(4) 
A registered design professional with electrical engineering experience or an electrical contractor.
(5) 
A registered design professional with fire protection engineering experience or a fire protection contractor or state fire commission certified fire personnel.
(2006 Code, sec. 18-23; Ordinance 06-05-690, sec. 3 (34.82), adopted 5/1/06)
Members shall serve two-year staggered terms of office at the pleasure of the city council, and shall be removable by the city council for cause or at-will. Board members are to be appointed by the city council annually, filling the vacancies of that year. Such appointment shall be for a term of two years. At the outset, the city council shall appoint three members for a two-year term, and two members for a one-year term.
(2006 Code, sec. 18-24; Ordinance 06-05-690, sec. 3 (34.83), adopted 5/1/06; Ordinance adopting 2015 Code)
Members shall hold office at their pleasure, without compensation, except that they may be reimbursed for their actual expenses incurred in the performance of their duties.
(2006 Code, sec. 18-25; Ordinance 06-05-690, sec. 3 (34.84), adopted 5/1/06)
The board shall elect its own officers, and each officer shall serve for a period of one year or until his successor is elected.
(1) 
Chairperson.
The chairperson shall be a voting member of the board. The chairperson shall preside at all meetings where he is present. The chairperson shall implement, or cause to have implemented, any practice or procedure in the calling of meetings, conduct of meetings, or reporting of activities that he considers in the best interest of the board and shall so inform the city council or consult with the city council when requested and at such time when it appears necessary or desirable.
(2) 
Vice-chairperson.
The vice-chairperson shall be a voting member of the board. The vice-chairperson shall assist the chairperson in directing the total affairs of the board. The vice-chairperson shall assume all duties of the chairperson in the event that the chair is unable or unwilling to act.
(2006 Code, sec. 18-26; Ordinance 06-05-690, sec. 3 (34.85), adopted 5/1/06)
A member shall not hear an appeal in which that member has a personal, professional or financial interest. The member shall complete an affidavit of conflict of interest and file it with the board, and shall abstain from voting or discussing the matter.
(2006 Code, sec. 18-27; Ordinance 06-05-690, sec. 3 (34.86), adopted 5/1/06)
A majority of members, which is three voting members, shall constitute a quorum. All motions shall be decided by a simple majority of the members present, at which a quorum is established. A tie vote shall constitute a failure of the motion.
(2006 Code, sec. 18-28; Ordinance 06-05-690, sec. 3 (34.87), adopted 5/1/06)
All proceedings of the board shall be held in an open meeting in accordance with the Open Meetings Act. The board shall be on call to hold one (1) meeting per year to be called within the first quarter of the calendar year, with special meetings as required and/or requested by staff to conduct their duties. All stated meetings shall be open to the public. The board chair may schedule additional meetings as needed.
(2006 Code, sec. 18-29; Ordinance 06-05-690, sec. 3 (34.88), adopted 5/1/06; Ordinance 18-10-1107 adopted 10/16/18)
All proceedings of the board shall be recorded in minutes of meetings and such minutes approved and made a matter of public record in accordance with the governing laws.
(2006 Code, sec. 18-30; Ordinance 06-05-690, sec. 3 (34.89), adopted 5/1/06)
(a) 
To study proposed code amendments and make recommendations to the city council regarding any proposed amendments to the building codes.
(b) 
To hear from any person requesting a change to the building codes as adopted by the city.
(c) 
To serve as an adviser to the chief building official and fire officials.
(d) 
To hear appeals from decisions of the chief building official and fire officials pertaining to:
(1) 
The use of alternate materials and construction methods;
(2) 
Interpretations related to the building codes as adopted by the city, i.e., building, electrical, plumbing, mechanical, and fire. The board may not grant variances. In the case of a request to use alternate materials or construction methods, the board should determine whether or not such alternate material or construction method is in fact equal to the standards of the applicable code, considering adequacy, stability, strength, sanitation, and safety for the public’s health and welfare; or
(3) 
The International Property Maintenance Code, or a notice or order issued pursuant to the International Property Maintenance Code.
(e) 
To hear appeals pertaining to the enforcement of article 24.08 of this code.
(f) 
Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code.
(g) 
The board shall modify or reverse the decision of the city official only by a concurring vote of a majority of the board members present at which a quorum is established.
(2006 Code, sec. 18-31; Ordinance 06-05-690, sec. 3 (34.90), adopted 5/1/06; Ordinance adopting 2015 Code)
There is hereby established a fee for an appeal as provided for in the fee schedule found in appendix A of this code.
(2006 Code, sec. 18-32; Ordinance 06-05-690, sec. 3 (34.91), adopted 5/1/06)
Policies and procedures for conduct of business shall be approved by the board and adopted by the city council in the form of a resolution.
(2006 Code, sec. 18-33; Ordinance 06-05-690, sec. 3 (34.92), adopted 5/1/06)