(a) 
The city council hereby establishes a construction board of appeals (the board) for the purpose of determining the acceptability and adequacy of materials, equipment and methods of construction, hearing appeals of interpretations by designated officials as listed herein or elsewhere in this code. The city council shall adopt construction codes and standards which will be applicable throughout the city. Construction codes and standards shall include but not be limited to the building codes (building, fire, residential, existing building, energy conservation, fuel gas, mechanical, plumbing and electrical codes), property maintenance code, swimming pool code, and sign code as may be adopted by the city council and amended from time to time.
(b) 
Whenever any reference to the electrical board, mechanical board, plumbing board or other similar boards is made in any ordinance adopted prior to this article, such reference shall be deemed to refer to the construction board of appeals as created herein.
(Ordinance 2011-06 adopted 2/22/11)
The board shall consist of five (5) members, with three (3) alternate members, to be appointed in the following manner:
(1) 
Members.
(A) 
Place 1: *Architect or accredited professional building designer.
(B) 
Place 2: *Engineer with mechanical, electrical, plumbing or structural background.
(C) 
Place 3: *Master electrician.
(D) 
Place 4: *Master plumber.
(E) 
Place 5: *Air-conditioning/refrigeration contractor.
(2) 
At-large alternates.
(A) 
Place 6: Fire protection engineer or accredited fire protection professional.
(B) 
Place 7: Homebuilder, member of the Texas Association of Builders (TAB) or member of the Ellis County Chapter Homebuilders Association.
(C) 
Place 8: General contractor, member of the associated general contractors (AGC).
*Currently licensed by the State of Texas.
(Ordinance 2011-06 adopted 2/22/11)
Subject to confirmation by the city council, the city manager shall appoint members or alternate members to the board from time to time.
(Ordinance 2011-06 adopted 2/22/11)
All members and alternate members must reside within the Midlothian Independent School District (MISD) boundaries or within the county in the event qualified members and alternates are not first and foremost available from within the MISD.
(Ordinance 2011-06 adopted 2/22/11)
Members and alternate members shall serve two (2) year terms. Members and alternate members appointed to odd-numbered places shall serve terms which expire July 1st of odd-numbered years. Members and alternate members appointed to the even-numbered places shall serve terms which expire July 1st of even-numbered years. No member or alternate member shall serve more than a total of three (3) consecutive two (2) year terms. A member or alternate member may be eligible to serve again after a break in service of at least two (2) years. Members and alternate members shall serve until their successors are appointed.
(Ordinance 2011-06 adopted 2/22/11)
Should any member or alternate member of the board die, become unable to act for any reason, resign or be removed for cause, as hereinafter provided, the city manager shall appoint, subject to confirmation by the city council, a successor to fill the unexpired term, or to serve until a new member or alternate member can be duly appointed.
(Ordinance 2011-06 adopted 2/22/11)
A member or alternate member shall not hear an appeal in which that member or alternate member has a personal, professional or financial interest.
(Ordinance 2011-06 adopted 2/22/11)
The city council may remove any member or alternate member of the board for cause based on a written charge during the term of which he/she may be appointed. Prior to making a decision regarding removal, the city council must hold a public hearing on the matter “if requested” by the member subject to the removal action.
(Ordinance 2011-06 adopted 2/22/11)
All members and alternate members shall serve without compensation, except for reimbursement for authorized expenses attendant to the performance of their duties as allowed by law.
(Ordinance 2011-06 adopted 2/22/11)
The building official shall serve as an ex officio member of the board. The building official shall serve as secretary of the board. By the end of each fiscal year, the building official will provide an annual report containing an overview of the past year’s operation of the board to the city manager.
(Ordinance 2011-06 adopted 2/22/11)
(a) 
The board must adopt rules to govern its proceedings that are consistent with this division and the statutes of the state. The rules should establish hearing procedures that give ample opportunity for presentation of evidence and testimony by all interested parties. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. The board may amend the rules and procedures from time to time when deemed necessary.
(b) 
The board shall hold an organizational meeting in January of each year, or as soon as possible thereafter; at which time it shall elect a chairperson and vice-chairperson before proceeding to other matters of business. Alternate members may not serve as chairperson or vice-chairperson.
(Ordinance 2011-06 adopted 2/22/11)
All meetings of the board shall be open to the public as provided by law. The board shall hold meetings at such time and place as notified by the chairperson. The building official will present all matters to the board.
(Ordinance 2011-06 adopted 2/22/11)
(a) 
Four (4) members of said board shall constitute a quorum to transact business. Members present, including the chair, shall vote unless required to abstain due to a conflict of interest.
(b) 
As at-large alternates, alternate members may fill in for any absent member or vacant position. When only one (1) alternate is needed, the chair may determine which alternate may substitute at any particular meeting, giving fair rotation between alternate members. The chosen alternate shall serve for the entire meeting.
(c) 
Alternate members may participate in discussions, but may not vote or be counted as part of the quorum; except that when filling in for a vacant position, in the absence of any other member or when any other member is required to abstain, the designated alternate member may be counted and allowed to vote in that members place.
(d) 
Ex officio members cannot vote and do not count toward a quorum.
(Ordinance 2011-06 adopted 2/22/11)
The board shall affirm, modify or reverse the decision of the designated code official by a concurring vote of four (4) of its members. Certified copies of the board’s decision shall be furnished to the appellant and to the building official.
(Ordinance 2011-06 adopted 2/22/11)
The board shall meet within ten (10) days of the filing of an appeal or at stated periodic meetings. All parties of interest shall be notified in writing of the time and place for appeal hearings. Parties may appear before the board in person, by agent or by attorney. The board may require additional data and tests, at the appellant’s expense, that may be necessary for an adequate decision of the appeal.
(Ordinance 2011-06 adopted 2/22/11)
The agenda for the board shall be prepared by the secretary and shall be posted as required by law. All records and evidence pertinent to any appeal shall be transmitted to the board prior to the hearing by delivery to the secretary. Minutes must be kept of the board’s proceedings that reflect each member’s vote, decision to abstain, or absence from the hearing for each and every matter. Records of all appeals and meetings shall be kept in the office of the building official.
(Ordinance 2011-06 adopted 2/22/11)
Any person, firm, company or corporation aggrieved by a decision or order of the designated code official may appeal such decision or order to the board if it falls within the board’s authority. Every appeal must be filed in writing on the form provided by staff with the secretary within twenty (20) days from the date of the decision or order appealed from occurred. The board shall not consider any appeal that is filed after the twenty (20) day period. Such appeal shall contain appropriate reference to the decision or order appealed from, as well as the grounds for the appeal. At the time of filing an appeal, the appellant shall pay a nonrefundable appeal fee as established by the city council. The building official will first present all appeals at the board hearing prior to testimony by any other interested parties.
(Ordinance 2011-06 adopted 2/22/11)
When five (5) 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.
(Ordinance 2011-06 adopted 2/22/11)
(a) 
The board shall have no authority relative to the administrative provisions of any of the codes and standards under its purview.
(b) 
The board shall have the authority and power to:
(1) 
Hear appeals on “interpretations” by the building official or other designated official on the adopted building codes (e.g., building, fire, residential, energy, fuel gas, electrical, mechanical and plumbing codes), property maintenance code, swimming pool code and the sign code. No interpretation shall be heard by the board until the designated official has rendered a written interpretation.
(2) 
Approve alternate methods of construction where it is “impractical” to meet the adopted construction codes and standards; provided that the board finds the same degree of suitability, strength, effectiveness, fire resistance, durability, sanitation and safety exists in the alternate method as intended by the adopted codes and standards.
(3) 
Approve new methods of construction “not covered” by the construction codes and standards; provided that the board finds the same degree of suitability strength, effectiveness, fire resistance, durability, sanitation and safety exists in the new methods as intended by the adopted codes. The board in approving new materials and processes shall rely upon tested and proven methods, standards or practices.
(4) 
Determine the “acceptability and adequacy” of materials, equipment and methods of construction of signs. Hear appeals on interpretations by the building official or other designated official on the sign code of the city. No interpretation shall be heard by the board until the building official has rendered a written interpretation.
(c) 
The board shall not have the authority or power to:
(1) 
Waive or grant variances to the administrative and nonadministrative sections and provisions of the adopted construction codes and standards.
(2) 
Waive or grant variances for the use of alternate materials or construction methods.
(Ordinance 2011-06 adopted 2/22/11)
An application for appeal shall be based on a claim that the true intent of the adopted construction codes and standards have been incorrectly interpreted, the provisions of the codes and standards do not fully apply or an equally good or better form of construction is proposed. The board may only make a determination as to whether the alternative material or method of construction equally meets the applicable code’s provisions and standards, especially considering the alternative’s adequacy, stability, strength, sanitation, fire resistance, and safety for the public’s health and welfare.
(Ordinance 2011-06 adopted 2/22/11)
The board may review and study from time to time proposed amendments to the respective construction codes and standards and recommend any necessary changes and/or improvements to the city council. This review shall include consideration of suggestions from industry or the public at large which shall be obtained by means of open hearing as well as through the regular channels. The board may make recommendations to the city council for amendments to codes and standards as needed throughout the year.
(Ordinance 2011-06 adopted 2/22/11)
The building official or other designated official shall enforce and execute all legal decisions and orders of the board for which they are respectively responsible.
(Ordinance 2011-06 adopted 2/22/11)
An appeal to the board shall stay all proceedings in connection with the decision or order appealed from, unless and until the building official or other designated official shall have certified to the board after notice of appeal has been filed that stay would cause hazard to life or property. Any work done contrary to the order of the building official or other designated official after filing an appeal, shall be subject to nullification should the order be affirmed and may not be considered by the board as mitigating or extenuating circumstance.
(Ordinance 2011-06 adopted 2/22/11)
A person, firm, company or corporation aggrieved by a decision or order of the board may present to a district court a petition, duly verified, setting forth that such a decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition shall be presented to the court within ten (10) calendar days after the date of the decision of the board.
(Ordinance 2011-06 adopted 2/22/11)