[HISTORY: Adopted by the Mayor and Council of the Borough of Ridgefield 4-14-1981 as Ord. No. 1180. Amendments noted where
applicable.]
The owner of a building or structure or any other person may appeal
from a decision of the Building Subcode Official refusing to grant a modification
of the provisions of the BOCA Basic Code covering the manner of construction
or materials to be used in the erection, alteration or repair of a building
or structure to the Board of Appeals. Application for appeal may be made when
it is claimed that the true intent of the Basic Code or the rules legally
adopted thereunder have been incorrectly interpreted, the provisions of the
Basic Code do not fully apply or any equally good or better form of construction
can be used.
The Board of Appeals shall consist of five (5) members appointed by
the Mayor, one (1) member to be appointed for five (5) years, one (1) for
four (4) years, one (1) for three (3) years, one (1) for two (2) years and
one (1) to see one (1) year, and thereafter each new member shall serve for
five (5) years or until his successor has been appointed.
Each member shall be a licensed professional engineer or architect or
a builder or superintendent of building construction, with at least ten (10)
years' experience, for five (5) years of which he shall have been in
responsible charge of work, and at no time shall there be more than two (2)
members of the Board selected from the same profession or business, and at
least one (1) of the professional engineers shall be a licensed structural
or civil engineer of architectural engineering experience.
During absence of a member by reason of disability or disqualification,
the Mayor shall designate a qualified substitute.
The Board shall elect one (1) of its members to serve as Chairman, and
the Construction Code Official shall designate a clerk from the Department
to serve as Secretary to the Board, who shall keep a detailed record of all
proceedings on file in the Department of Building Inspection.
No member of the Board shall pass on any question in which he is engaged
as a contractor or material dealer or in the preparation of plans or specifications
or in which he has any personal interest.
Members of the Board of Appeals shall serve without compensation.
The Board shall meet and decide an appeal no later than ten (10) days
of the filing of an appeal.
All hearings shall be public, and the applicant, his representative,
the Construction Code Official and any other person whose interests may be
affected by the matter on appeal shall be given an opportunity to be heard.
When five (5) qualified members are not present to consider a specific
appeal, either the applicant, the Construction Code Official or their representatives
may request a postponement of the hearing.
The Board shall affirm, modify or reverse the decision of the Construction
Code Official by a concurring vote of three (3) members.
Every action of the Board shall be by resolution, and certified copies
shall be furnished to the applicant and to the Building Subcode Official.
Failure to secure three (3) concurring votes shall be deemed a confirmation
of the decision of the Building Subcode Official, except that the appellant
shall be entitled to further hearing before a full Board if there were not
five (5) qualified members present when the vote was taken.
The Construction Code Official shall take immediate action in accordance
with the decision of the Board.
Any person aggrieved by a decision of the Board of Appeals, whether
or not a previous party to the decision, or any municipal officer or official
board of the municipality may appeal to the Superior Court. Application for
review shall be made to the proper court of jurisdiction within fifteen (15)
days after the filing of the Board's decision in the office of the Construction
Code Official.
