There is hereby established a Construction Board of Appeals
to hear appeals from decisions by the Enforcing Agency. Such Board
shall consist of five members. At least one Board member shall be
a registered architect or licensed professional engineer of building
construction experience, and at least one Board member shall be as
qualified as a Plumbing Subcode Official and one as qualified as an
Electrical Subcode Official. No more than two Board members shall
be selected from the same business or profession. The Mayor shall
designate one of the members to serve as Chairman. Each Board member
shall have had at least three years' experience in construction, design
or supervision as an architect or engineer with a bachelor's degree
in architecture or engineering, respectively, from an accredited institution
of higher education or, as a further alternative, 10 years' experience
in construction, design or supervision as a journeyman in a construction
trade or as a construction contractor, subcontractor or inspector.
The Construction Official shall designate a clerk from the Enforcing
Agency to serve as Secretary to the Board and to maintain its records.
Membership of the Construction Board of Appeals shall serve
without compensation.
Decisions of the Board shall be in accordance with the following:
A. Where an Enforcing Agency has failed to act on an application for
a construction permit, the Board may order the Enforcing Agency to
act or may grant such permit if the applicant is otherwise entitled
thereto or may deny the permit.
B. Where an Enforcing Agency has denied an application for a construction
permit, the Board may reverse or modify such decision upon a finding
that such was arbitrary or based upon an erroneous interpretation
of the regulations.
C. Where an Enforcing Agency has denied in whole or in part an application
for a variation or placed conditions upon the granting of a variation,
the Board may, upon making the same findings, grant such variation
and establish any conditions of the variation. Except as is otherwise
specified, no variations may be granted from any of the requirements
of Parts I, III and IV of the regulations.
D. Where the appeal is from an order to pay a monetary penalty, the
Board may reduce such penalty if it determines that the assessment
was excessive, it may void such penalty if it determines that its
assessment was unnecessary to bring about compliance or that it was
an inappropriate remedy under the circumstances of the case or it
may hold such penalty in abeyance until the issuance of a certificate
of occupancy or some earlier event or period in anticipation of reducing
or voiding such penalty where no further violation of the regulations
are uncovered.
E. Where the appeal is based on any other action of the Enforcing Agency,
the decision of the Board shall give effect to the intent and purposes
of the Act and shall be consistent with the interests of the general
health, safety and welfare.