In order to provide for reasonable interpretation and continual
review of laws relating to making public facilities and accommodations
accessible to physically handicapped persons, there is hereby created
a Joint City/County Disabilities Board. Such board shall hereinafter
be referred to in this chapter as the "board."
(SCC 314 § 1, 1977; SCC
1233, § 1, 2002)
The board shall consist of five members who shall be appointed
as follows:
a.
Two
members shall be appointed by the mayor with the approval of the city
council;
b.
Two
members shall be appointed by the Board of Supervisors of the County
of Sacramento;
c.
One
member shall be appointed by the Board of Supervisors of the County
and the mayor with the approval of the city council;
g.
The Board of Supervisors of the County may appoint an alternate to the member appointed under subsection (c) of this section;
h.
The
term of office of each member shall be three years, except for the
term of office of the members first appointed, which shall be determined
as follows:
1.
At
the first meeting of the Board, the members first appointed, except
the member appointed pursuant to subsection (c), shall draw lots to
determine their individual terms. Based upon the results of the lots
drawn, the members first appointed shall have terms as provided in
paragraphs (2), (3) and (4) of this subsection.
2.
One
member appointed pursuant to subsection (a) and one member appointed
pursuant to subsection (b) shall have an initial term of one year.
3.
One
member appointed pursuant to subsection (a) and one member appointed
pursuant to subsection (b) shall have an initial term of two years.
4.
The
member appointed pursuant to subsection (c) shall have an initial
term of three years.
(SCC 314 § 1, 1977; SCC
503 § 1, 1982)
The director of building inspections of the City and the chief
building inspector of the County or their designated representatives
shall serve as secretaries and ex officio members of the Board. They
shall have no right to vote on matters before the Board. They shall
keep accurate records of its meetings and hearings.
(SCC 314 § 1, 1977)
The board shall adopt reasonable rules for the hearing of appeals
and the conducting of its business. It shall select a chairperson
and shall establish procedures to be followed by the secretary of
the Board. Three voting members shall constitute a quorum. Action
taken by the Board must be approved by a majority of the members present
and voting on the matter before the Board. The board shall meet at
such regular intervals as it deems necessary for prompt and expeditious
handling of matters within its jurisdiction.
(SCC 314 § 1, 1977)
Any person aggrieved by an interpretation given by the city building director or chief building inspector of the County relating to provisions of Chapter 7 of Division 5 of Title 1 of the Government Code, Part 5.5 of Division 13 of the Health and Safety Code, applicable provisions of the Uniform Building Code or other laws and regulations relating to access for physically handicapped persons to public facilities and accommodations which are enforced by local building officials, may appeal such interpretation to the Board. Appeals shall be in writing and shall specify in detail the matter on which the appeal is taken. Notice of appeal shall be filed with the secretary of the Board and shall be accompanied by a fee of $50. Where the application or interpretation of a Code provision is uncertain or ambiguous, the Board may affirm, reject or modify such contested interpretations and may, by resolution, establish reasonable guidelines for the interpretation and enforcement of such Code provisions; provided, however, that the Board shall have no powers to make substantive changes in state Code provisions or interfere with or prevent the proper enforcement and administration of state Code provisions. If the matter appealed to the Board involves suitability of alternative methods of providing access, any decision of the Board approving the use of alternate methods which is of general application shall be effective upon the adoption of rules and regulations in the manner provided by Section 16.48.060 of this chapter.
(SCC 314 § 1, 1977)
The board shall formulate and enforce such implementing of rules
and regulations concerning the use of alternative methods of providing
access as are necessary to supplement provisions of the Codes governing
access for physically handicapped persons. It may, on its own motion
or upon the request of any interested party, promulgate general or
specific rules and regulations determining the suitability of alternate
methods. Rules and regulations of general application approving alternate
methods or providing access shall be published once in the official
newspaper of the city within 10 days of the adoption and shall not
be effective until 10 days after the date of the publication. The
published rules and regulations shall be maintained in the office
of the city clerk and shall be made available to the public upon request.
(SCC 314 § 1, 1977)
