The provisions of this part apply to all proceedings of the board of building examiners and appeals (building board) as authorized by Anchorage Municipal Code title 23.
(AR No. 81-154)
The building board shall, each year during the first meeting in March, elect a chairperson and vice-chairperson. It shall be the duty of the chairperson to preside at all meetings, and it shall be the duty of the vice-chairperson to preside at such times as the chairperson shall be absent. If both the chairperson and the vice-chairperson are absent, then a chairperson pro tem shall be elected by the members present, provided a quorum is present. A quorum shall consist of a majority of the duly constituted board.
(AR No. 81-154)
The building official or his or her designee shall be secretary of the building board and shall conduct all correspondence, send out all required notices, keep the minutes of the meetings and maintain a file on each case which comes before the building board. All correspondence and notices shall be signed by the secretary and he or she shall be responsible for the assembling of all data as required by the Municipal Code.
(AR No. 81-154; AR No. 87-35)
Regular meetings shall be scheduled by the secretary and shall be held at 7:30 p.m. on the first and third Thursdays of each month at a designated place. Special meetings may be called by the chairperson (or by the secretary with the consent of the chairperson) for consideration of any business of an emergency nature. The building board may schedule a special meeting where it feels specific action may be required. All regular and special meetings shall be open to the public.
(AR No. 81-154)
Any regularly scheduled or special meeting may be cancelled by a concurring vote of a majority of the fully constituted board at the regular meeting preceding the meeting proposed for cancellation. A regularly scheduled meeting may also be cancelled at the discretion of the chairperson of the building board.
(AR No. 81-154)
The building board shall hear and decide appeals from the actions of administrative officials relating to building and fire regulations under Anchorage Municipal Code title 23, excepting mechanical and plumbing regulations. The board may determine the suitability of alternate materials and methods of construction, provide for reasonable interpretation of the provisions of the building code and may recommend to the assembly legislation as is consistent therewith. The board shall also determine and recommend such amendments to title 23 and the building regulations as may be necessary.
(AR No. 81-154)
A case file shall be established, maintained and permanently retained by the secretary of the board and shall consist of the following items where applicable:
A. 
Application for appeal.
B. 
A copy of the plans or other illustrative materials submitted by the applicant.
C. 
A copy of the staff memorandum and recommendation.
D. 
A copy of all comments received from other agencies.
E. 
Any materials submitted at the hearing which the board designates to be included in the case file.
F. 
Returned notices from property owners in abatement appeal cases.
G. 
A copy of legal notices published.
H. 
A copy of the minutes of the board for [the] applicable case.
I. 
A copy of the agenda.
(AR No. 81-154)
Before each meeting board members shall be furnished a copy of the agenda, minutes of the previous meeting, and copies of the following materials for each case, where appropriate:
A. 
Application for appeal.
B. 
A copy of the plans or other illustrative materials submitted by the applicant.
C. 
A copy of the staff memorandum and recommendation.
D. 
A copy of all comments received from other agencies.
E. 
Any materials submitted at the hearing which the board designates to be included in the case file.
(AR No. 81-154)
Board members shall be impartial in all cases. No member shall receive or otherwise engage in ex parte contacts with the petitioner or appellant, other parties adversely affected by the case or members of the public concerning the case or issues specifically presented in the notice of hearing either before the hearing or during any period of time the matter is subject to reconsideration. This section shall not be deemed to prevent board members from discussing matters relating to the case among themselves or to prohibit communications between municipal staff and board members where such staff members are not themselves parties to the appeal or members of any body which has in its own name become an active party to the appeal. A board member may participate in a case after having an ex parte contact if his or her participation is approved by a majority of the board after disclosure of the contact.
(AR No. 81-154)
A. 
A member of the board may not participate in the deliberation or voting process if:
1. 
The board member or member of his or her immediate family has a substantial financial interest in any property affected by the appeal; or
2. 
The board member or member of his or her immediate family could foreseeably profit in a material way through a favorable or unfavorable resolution of the case; or
3. 
The board member would be faced with a violation of the code of ethics of the municipality by voting on the case.
B. 
A board member may participate in a case in which he or she may have a minor interest if he or she discloses such interest, and a majority of the board determines that such minor interest will not affect his or her qualifications to hear the case.
(AR No. 81-154)
Any appellant or interested party may appear in person or be represented by an agent or attorney at any public hearing or appeal hearing case.
(AR No. 81-154)
The minutes of the meeting shall reflect all testimony taken, the board's discussion, [and] state the final decision of the board, the motion and the result of the vote. A tape recording, or stenotype record if no tape is available, of hearings shall be made and the tapes retained for one year after final disposition of the case, by the building safety division. A copy of the minutes shall be delivered to each member of the board, and the approved minutes shall be signed by the secretary and the chairperson.
(AR No. 81-154)
The board shall conduct a public hearing on any provisions of the adopted building codes. In cases involving a request for an interpretation of any provision of the building codes or an appeal from the decision of the administrative official alleging error in enforcement or interpretation of the building codes, the board shall hold a formal hearing at which time the appellant and/or his or her representatives, and any supporting witnesses, may present testimony relevant to the appeal.
(AR No. 81-154)
A. 
The board may reconsider any decision it has rendered if any board member seeking reconsideration files a written request with the building official within 24 hours after the board's decision is announced. In those situations where a matter is submitted to the board with a decision to be announced later, then the person seeking reconsideration must file a written request with the building official within 24 hours after receipt of the board's written decision.
B. 
The written request must state the grounds for reconsideration and the matter will be heard, if possible, at the next regularly scheduled board meeting. A board member may move for reconsideration at the meeting at which the board's decision is announced without the necessity of filing a written request.
(AR No. 81-154)
In all procedural matters not covered by these rules or by the Municipal Code, Robert's Rules of Order, as revised, shall govern.
(AR No. 81-154)