The owner of a building, structure or service system, or duly
authorized agent shall have the right to appeal a decision of the
city code official by filing in writing with that official from whom
the appeal is taken and with the International Code Board of Appeals
specifying the grounds thereof. The official from whom the appeal
is taken shall forthwith transmit to the board all papers constituting
the record upon which the action appealed from was taken. Such appeal
hearing shall be scheduled and heard within 15 days of the decision
being rendered by the city code official. The International Code Board
of Appeals will hear appeals related to the following ordinances of
the city:
(7)
The corresponding sections of the various International Codes, being section 112 of the International Building Code, section 112 of the International Residential Code, section 109 of the International Mechanical Code, section 109 of the International Plumbing Code, section 109 of the International Fuel Gas Code, and section 108 of the International Fire Code.
(Ordinance 1508 adopted 6/28/11; Ordinance 1761 adopted 3/10/20)
There is hereby established a board to be called the International
Code Board of Appeals, which shall consist of seven members. The board
shall be appointed by the city council.
(Ordinance 1761 adopted 3/10/20)
The membership of the board shall consist of seven voting members
having the qualifications established by this section. Members shall
be determined by a majority vote of city council. Applicants for the
board will complete an application for appointment. Members shall
serve without remuneration or compensation, and shall be removed from
office prior to the end of their appointed terms only for cause. Where
possible, membership of the board may mirror the membership of the
zoning board of adjustments.
(Ordinance 1761 adopted 3/10/20)
(a)
Design professional.
A member may be a practicing design
professional registered in the practice of engineering or architecture
in the state in which the board is established.
(b)
Fire protection professional.
A member may be a qualified
engineer, technologist, technician or safety professional trained
in fire protection engineering, fire science or fire technology. Qualified
representatives in this category shall include fire protection contractors
and certified technicians engaged in fire protection system design.
(c)
Industrial safety professional.
A member may be a registered
industrial or chemical engineer, certified hygienist, certified safety
professional, certified hazardous materials manager or comparably
qualified specialist experienced in chemical process safety or industrial
safety.
(d)
Construction professional.
A member may be a contractor
regularly engaged in the construction, alteration, maintenance, repair
or remodeling of buildings or building services and systems regulated
by the code.
(e)
General industry or business representative.
A member
may be a representative of business or industry not represented by
a member from one of the other categories of board members described
above.
(f)
Master electrician.
A member may be a master electrician
licensed by the state department of licensing and regulation or be
a licensed electrical engineer.
(g)
Master plumber.
A member may be a master plumber licensed
by the state board of plumbing examiners or civil engineer.
(h)
Other qualified applicants.
An applicant not meeting
the requirements above may be considered and appointed by the city
council if the city council finds that the applicant has other relevant
experience in reviewing and interpreting code.
(Ordinance 1761 adopted 3/10/20)
The construction board of adjustment and appeals, when so appealed
to and after a hearing, may vary the application of any provision
of this code in any particular case when, in its opinion, the enforcement
thereof would do manifest injustice and would be contrary to the spirit
and purpose of this or the technical codes or public interest, and
also finds all of the following:
(1)
That
special conditions and circumstances exist which are peculiar to the
building, structure or service system involved and which are not applicable
to others.
(2)
That
the special conditions and circumstances do not result from the action
or inaction of the applicant.
(3)
That
granting the variance requested will not confer on the applicant any
special privilege that is denied by this code to other buildings,
structures or service system.
(4)
That
the variance granted is the minimum variance that will make possible
the reasonable use of the building, structure or service system.
(5)
That
the grant of the variance will be in harmony with the general intent
and purpose of this code and will not be detrimental to the public
health, safety and welfare.
(Ordinance 1508 adopted 6/28/11)
A simple majority of the board shall constitute a quorum. In
varying any provision of this code, the affirmative votes of the majority
present, but not less than four affirmative votes, shall be required.
In modifying a decision of the building official, not less than four
affirmative votes, but not less than a majority of the board, shall
be required. In the event that regular members are unable to attend
a meeting, the alternate members, if appointed, shall vote.
(Ordinance 1508 adopted 6/28/11)
Members shall be appointed for terms of two years. No member
shall be reappointed to serve more than four consecutive full terms.
(Ordinance 1761 adopted 3/10/20)
Of the members first appointed, 3 shall be appointed for a term
of 1 year, 4 for a term of 2 years.
(Ordinance 1761 adopted 3/10/20)
Members shall be removed from office prior to the end of their
terms only for cause. Continued absence of any member from regular
meetings of the board shall, at the discretion of the city council,
render any such member liable to immediate removal from office.
(Ordinance 1508 adopted 6/28/11)
The city code official over that section of the code which is
being appealed shall act as secretary of the board and shall keep
a detailed record of all 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.
(a)
If
necessary, the city shall furnish legal counsel to the board to provide
members with general legal advice concerning matters before them for
consideration.
(b)
Members
may be represented by legal counsel at the jurisdiction’s expense
in all matters arising from service within the scope of their duties.
(Ordinance 1508 adopted 6/28/11)
The board shall meet at such frequency as the members of the
board shall determine. In addition to any meetings set by the board,
meetings may be called by the chairperson or the building official.
(Ordinance 1508 adopted 6/28/11)
Members with a material or financial interest in a matter before
the board shall declare such interest and refrain from participating
in discussions, deliberations, and voting on such matters.
(Ordinance 1508 adopted 6/28/11)
Every decision shall be promptly filed in writing in the office
of the city code official over that section of the code which is being
appealed and shall be open to public inspection. A certified copy
shall be sent by mail or otherwise to the appellant, and a copy shall
be kept publicly posted in the office of the city code official over
that section of the code which is being appealed for two weeks after
filing.
(Ordinance 1508 adopted 6/28/11)
The board shall be operated in accordance with the Administrative
Procedures Act Texas, or shall establish rules and regulations or
its own procedure not inconsistent with the provisions of this code
and applicable state law.
(Ordinance 1508 adopted 6/28/11)
The chairperson of the board shall be designated by the city
council. The board may select from its membership a chairman, vice-chairman,
and other officers as the board shall deem appropriate and necessary.
A liaison to the board shall be appointed by the city manager from
the city staff.
(Ordinance 1508 adopted 6/28/11)
Vacancies shall be filled for an unexpired term in the manner
in which original appointments are required to be made. Members appointed
to fill a vacancy in an unexpired term shall be eligible for reappointment
to two full terms.
(Ordinance 1508 adopted 6/28/11)
An application for appeal shall be based on a claim that the
intent of this code or the rules legally adopted hereunder have been
incorrectly interpreted, the provisions of this code do not fully
apply, or an equivalent method of protection or safety is proposed.
The board shall have no authority to waive requirements of this code.
(Ordinance 1508 adopted 6/28/11)
The fee shall set by the city council in appendix B.
(Ordinance 1508 adopted 6/28/11)
