A. The Access Appeals Board shall have the power to hear and act upon written appeals filed by any person who wishes to appeal disabled access orders, decisions or determinations made by the City Building and Safety Division.
B. The Board shall conduct hearings on written appeals and may approve or disapprove interpretations of the accessibility provisions of the State of California Health and Safety Code and Title 24 and may approve or disapprove the enforcement actions taken by the City's Division of Building and Safety. All such approvals or disapprovals shall be final and conclusive as to the Division of Building and Safety, in the absence of fraud or prejudicial abuse of discretion. Items which are subject to appeal are those which are not mandated by Code or State or Federal law.
C. Ratification of a determination of an unreasonable hardship exemption from the application of a disabled access requirement shall be made by the Access Appeals Board whenever reference is made to California Title 24, Section 110(10)d prior to such determination becoming effective.
D. The Board shall not be empowered to waive disabled access requirements of the State mandated Codes.
E. The Board shall receive and consider suggestions for changes in Building and Safety disabled access policy matters from interested citizens and other persons interested in the City. Upon review of any suggestion relative to Building and Safety disabled access policy matters, the Board shall refer its recommendations for changes to the City Council. If no changes are recommended, then no referral will be made.
F. The functions, powers and duties of the Access Appeals Board shall not be construed as preempting or otherwise interfering with the function of other commissions or boards or committees or officers which are empowered or mandated by law or ordinance or other regulation to act upon certain matters or make recommendations to the City Council concerning the repeal of or amendment to City ordinances or regulations or adoption of new ordinances or regulations, or otherwise taking such actions as are mandated, prescribed or permitted by law.