[HISTORY: Adopted by the Town Council of
the Town of Farmington 11-26-1974 by Ord. No. 74. Amendments noted
where applicable.]
[Amended 7-28-1992]
Pursuant to C.G.S. § 29-266, as amended,
and pursuant to Section 124, as amended, of the Building Code of the
State of Connecticut, a Building Code Board of Appeals of the Town
of Farmington, hereinafter referred to as the "Board," is hereby established
to perform the duties set forth in C.G.S. § 29-266 of the
Building Code of the State of Connecticut and as set forth in this
chapter.
[Amended 2-28-1984 by Ord. No. 82]
A.
The Council of the Town of Farmington shall appoint
five members to the Board for terms of five years in such manner that
the term of one member shall expire on September 30 of each year,
except that an appointment to fill an unexpired term shall be for
the duration of said unexpired term.
[Amended 7-28-1992]
B.
Members shall be qualified by training to pass upon
matters pertaining to building construction and shall have at least
10 years' experience in construction design, construction supervision
or construction of buildings. Members of the Board may also be members
of Building Code Boards of Appeals in other municipalities.
C.
Following the appointment of members to the Board,
the Board shall meet within 30 days from October 1 of each year and
elect a Chairman.
D.
The office of the Building Official shall designate
a clerk to serve as secretary to the Board and to keep a detailed
record of all proceedings on file in the office of the Building Official.
E.
No member of the Board shall pass on any question
in which he is engaged as contractor or material dealer or in the
preparation of plans or specifications or which he has any personal
interest.
F.
Compensation of appointed members of the Board shall
be determined by the Town Council.
[Added 11-22-1977 by Ord. No. 76]
The membership of any person who is absent from
three regular meetings during any six-month period shall terminate
as of the time the third such absence occurs, unless such absences
are waived by the Chairman of the Board because of illness or other
extenuating circumstances. The Chairman of the Board shall notify
the Town Manager promptly after the third such absence occurs.
[Amended 7-28-1992]
The Board shall be vested with all powers and
shall faithfully perform all duties imposed upon such Boards by C.G.S.
§ 29-266 and Section 124 of the Building Code of the State
of Connecticut.
A.
Applications for appeals to the Board may be filed
under the following circumstances:
(1)
When the Building Official rejects or refuses to approve
the mode or manner of construction proposed to be followed or the
materials to be used in the erection or alteration of a building or
structure;
(2)
When it is claimed that the provisions of the code
do not apply or that an equally good or more desirable form of construction
can be employed in a specific case; or
(3)
When it is claimed that the true intent and meaning
of the code and regulations have been misconstrued or wrongly interpreted.
B.
The permit, in whole or in part, having been refused
by the Building Official, the owner of such building or structure,
whether already erected or to be erected, or his authorized agent,
may appeal, in writing, from the decision of the Building Official
to the Board. When a person other than such owner claims to be aggrieved
by any decision of the Building Official, such person or his authorized
agent may appeal, in writing, from the decision of the Building Official
to the Board and, before determining the merits of such appeal, the
Board of Appeals shall first determine whether such person has a right
to appeal.
[Amended 7-28-1992]
Upon receipt of an appeal from an owner or his
representative or approval of an appeal by a person other than the
owner, the Chairman of the Board shall appoint a panel of not less
than three members of such Board to hear such appeal. Such appeal
shall be heard in the Town of Farmington within five days, exclusive
of Saturdays, Sundays and legal holidays, after the date of receipt
of such appeal. The panel shall render a decision upon the appeal
and file the same with the Building Official from whose decision such
appeal has been taken no later than five days, exclusive of Saturdays,
Sundays and legal holidays, following the day of the hearing thereon.
A copy of such decision shall be mailed, prior to such filing, to
the party taking the appeal. All hearings shall be public, and the
party taking the appeal, his representative, the official of the Town
and any other person whose interest may be affected by the matter
on appeal shall be given an opportunity to be heard.
[Amended 7-28-1992]
Any person aggrieved by the decision of a panel
may appeal to the State Codes and Standards Committee within seven
days after the filing of the decision with the Building Official.
Any determination made by the panel of the Farmington Building Code
Board of Appeals shall be subject to review de novo by the State Codes
and Standards Committee. Any person aggrieved by any ruling of the
State Codes and Standards Committee may appeal to the Superior Court
where such building or structure has been or is being erected.
This chapter shall not apply to structures,
other than buildings, of public service companies subject to regulation
by the Public Utilities Commission.
The Building Official shall take action in accordance
with the decision of the Board, unless an appeal is taken.
