(Ord. No. B-721, § 1(5-13), 9-23-2004)
A Building Codes and Standards Board referred to in this article
as "the board," is hereby created to accomplish purposes and perform
functions established in this article.
(Ord. No. B-721, § 1(5-14), 9-23-2004; 1-23-2023 by Ord. No. 4089-01-2023)
(a) Membership.
The board membership shall be in compliance with chapter
2, article II, section
2-31(e). The building official shall be an ex officio member of and shall act as secretary to the board, but shall have no vote on any matter before the board.
(b) Terms.
The terms of members shall be in compliance chapter
2, article II, section
2-31(d).
(Ord. No. B-721, § 1(5-15), 9-23-2004)
It is the intent of the city council that the board members
shall, by reason of diversity of their individual areas of expertise,
constitute a board which is broadly representative of various fields
of building construction and building standards.
(1) The
board shall, at a minimum, consist of:
a. Two
licensed electricians, at least one of which shall be a master electrician;
and
b. Two
licensed plumbers, at least one of which shall be a master plumber;
and
c. One
building contractor; and
d. One
person holding a license or certification from the Texas Commission
on Fire Protection; and
e. One
licensed heat and air conditioning contractor.
(2) Members,
except for the building official, may not be employees of the City
of Burleson. Members will serve without compensation and must be:
a. Residents
of the City; or
b. Own
or be employed by a business located in the City; and
c. Hold
a license or registration under this chapter.
(Ord. No. B-721, § 1(5-16), 9-23-2004; 1-23-2023 by Ord. No. 4089-01-2023)
The board shall hold an organizational meeting in October of
each year. The board shall meet when required to carry out the duties
established by this division. The board shall adopt its own rules
and procedures and shall keep a record of its proceedings consistent
with the provisions of this division and the requirements of law.
The board shall keep minutes of its proceedings showing the vote of
each member upon each question, or if absent or failing to vote, indicating
that fact, and shall keep records of its decisions and other official
actions, all which shall be filed in the office of the city secretary
and kept as public records.
(Ord. No. B-721, § 1(5-17), 9-23-2004; Ord. No. CSO#112-01-2015, § 1, 1-5-2015)
(a) The
board is hereby charged with the duty and invested with the authority
to:
(1) Inspect
property and premises at reasonable hours where required in the discharge
of its responsibilities under the laws of the state and the city;
(2) Hear
and decide appeals of orders, decisions or determinations made by
the building official relative to the application and interpretation
of the technical provisions of the following codes adopted by the
City of Burleson:
a. The
International Building Code;
b. The
International Plumbing Code;
c. The
International Mechanical Code;
d. The
National Electrical Code;
f. The
International Property Maintenance Code;
g. The
International Residential Code;
h. The
International Fuel Gas Code; and
i. The
International Energy Conservation Code.
(b) The
board shall have no authority relative to interpretation of the administrative
provisions of the codes listed nor may the board waive requirements
of any of the codes listed.
(c) The
board shall hear and decide appeals of orders, decisions or determinations
made by the director, building official, code official, or fire marshal
related to alleged violations of the city's dangerous and substandard
building regulations in article XIII, dangerous and substandard buildings,
herein.
(Ord. No. B-721, § 1(5-18), 9-23-2004)
A quorum for the conduct of business shall consist of four members
of the board. When fulfilling its duties, the board shall not hear
or decide upon any appeal unless there is present at least one board
member with the appropriate certification and/or license to provide
the board with the technical knowledge and expertise necessary to
fully and adequately consider the appeal. Each member is entitled
to one vote and action of the board shall require a majority of those
members present. The members of the board shall regularly attend meetings
of the board and shall serve without compensation, except for reimbursement
of authorized expenses attendant to the performance of their duties.
The members shall comply with all time limits and public notice requirements
and all meetings of the board shall be held in compliance with the
Texas Open Meetings Act.