[Ord. 1090, Feb. 2021]
There is hereby created and established a board to be called the board of building construction appeals which shall consist of three (3) voting members from the City of Collegedale Planning Commission which shall be appointed by the mayor and subject to approval by a majority vote of the Board of Commissioners for the City of Collegedale per the requirements established in this chapter.
[Ord. 1090, Feb. 2021]
The board of building construction appeals shall be composed of the following:
(1) 
One (1) member a State of Tennessee licensed engineer.
(2) 
One (1) member at large from the building industry.
(3) 
One (1) member at large from the public.
All board members shall be residents of Hamilton County at the time of their appointment and during their term on the board. At the first meeting of the board after the appointment of members of the board created by this chapter, they shall meet and organize electing one (1) of their members to be chairman of the board and one (1) member to be vice chairman.
[Ord. 1090, Feb. 2021]
The members shall be nominated by the mayor, subject to city commission confirmation, for terms of four (4) years each. Vacancies shall be filled for a term in the manner in which original appointments are made. Continued absence of any member from regular meetings of the board shall, at the discretion of the mayor, render such member subject to immediate removal from the board.
[Ord. 1090, Feb. 2021]
(1) 
The owner of a building, structure or service system, or his /her duly authorized agent, may appeal a decision of the building and codes director or his designee to the building construction appeals board whenever any one (1) of the following conditions are claimed to exist:
(a) 
The building and codes director rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a structure or service system;
(b) 
When it is claimed that the provisions of the code (including revisions and new additions thereto) do not apply;
(c) 
That any equally good or more desirable form of installation can be employed in any specific case; or
(d) 
When it is claimed that the true intent and meaning of the code or any of the regulations thereunder have been misconstrued or wrongly interpreted.
(2) 
Notice of appeal shall be in writing and filed within thirty (30) days after the decision is rendered by the building and codes director or his designee. An appeal shall be on forms provided by the building and codes director.
[Ord. 1090, Feb. 2021]
In case of a construction project which, in the opinion of the building and codes director, is unsafe, unhealthy, or otherwise creates an issue requiring expedited action in order to foster the public welfare, the building and codes director may limit the time for an appeal to a shorter period. If the director limits the time for appeal, they must put their specific reasons in writing and provide a copy to the property owner.
[Ord. 1090, Feb. 2021]
The board of building construction appeals, when appealed to and after a public hearing, may interpret the application of any provision of the city's adopted codes to any particular case when in the board's opinion, the enforcement thereof would cause undue hardship, would be contrary to the spirit and purpose of the adopted code or public interest, or when in the board's opinion the interpretation of the building and codes director should be modified or reversed.
[Ord. 1090, Feb. 2021]
The board shall consider an appeal within forty-five (45) days of its filing and shall reach a decision within thirty (30) days after the initial consideration of the appeal, unless the applicant requests or consents to additional time. Each decision of the board shall also include the basis for its decision, which shall be reduced to writing and signed by the chairman. If a decision of the board reverses or modifies a decision of the building and codes director, or varies the application of any provision of the adopted code, the building and codes director shall immediately take action in accordance with that decision.
[Ord. 1090, Feb. 2021]
The board of building construction appeals may establish guidelines and procedures consistent with the provisions of the adopted codes. The board shall meet at such intervals as it may deem necessary for the proper performance of its duties. A certified copy of the board's decision shall be sent by mail to the appellant and a copy shall be kept in the public records of the building and codes director.
[Ord. 1090, Feb. 2021]
Two (2) members of the board of building construction appeals shall constitute a quorum. In varying the application of any provisions of the adopted code or in modifying an order of the building and codes director, affirmative votes of the majority present, but not less than three (3) affirmative votes, shall be required. A board member shall not act in a case in which he or she might have a personal interest.
[Ord. 1090, Feb. 2021]
The building and codes director or his designee shall serve as secretary of the board, and shall keep a detailed record of the board's meetings and determinations. Such record shall be a public record filed in the offices of building and codes department.
[Ord. 1090, Feb. 2021]
Each decision of the board of building construction appeals shall be final, subject only to such review or remedy as may be obtained in a court of law.
[Ord. 1090, Feb. 2021]
When a decision of the building and codes director is appealed to the board of building construction appeals, the property owner or applicant shall pay a filing fee of one hundred dollars ($100.00), which may be refundable at the discretion of the board if the board overturns the decision of the building and codes director.