(A) Board created. There shall be, and is hereby created, a Construction Board of Appeals, consisting of 5 members who are qualified by experience and training to pass judgment upon matters pertaining to building and construction. The purpose of the Construction Board of Appeals (Board) is be to hear appeals from determinations made by the Building and Safety Manager; to provide for reasonable interpretations of the provisions of the Technical Codes to determine the suitability of alternate materials and methods of construction; and to recommend changes of the various building and fire codes to the Building and Safety Manager.
(B) Membership and terms of office.
(1) The Board shall consist of 5 members who are appointed by the Council. The terms of the Board members shall be for 3 years and shall end on October 31 of succeeding years, or until their successors are duly appointed, except that in the event of the Board membership complement falling below the required quorum level set forth in § 7-1-5(F)(1), the membership vacancies shall be filled by the Council for their unexpired terms any time before the annual October appointment cycle from the then-existing talent bank applications. Such terms shall be so staggered that no more than 3 members' terms conclude in the same year. Members need not be residents of the city. Continued absence of any member from meetings of the Board shall, at the discretion of the Council, render any such member liable for removal from office by the Council. Any member absent for 3 consecutive meetings without being excused shall be considered as having vacated their appointment. Appointments to fill unexpired terms shall be made in the same manner as the vacated member, except as noted above due to a lack of a quorum. Members of the Board shall serve without pay.
(2) The Building and Safety Manager or designee shall serve as Secretary to the Board but shall have no vote therein.
(C) Board specialties. The members of the Board shall consist of: 1 architect or engineer licensed by the State of Arizona; 1 general building contractor licensed by the State of Arizona and experienced in the construction of commercial/industrial buildings; 1 licensed residential homebuilder experienced in the construction of 1- and 2-family dwelling units; 1 electrical, plumbing or mechanical contractor licensed by the State of Arizona; and 1 general public member.
Trade related members shall have had at least 5 years of recent experience in their respective trade or profession. No member shall be a current employee of the City of Apache Junction. Members shall comply with the City of Apache Junction Code of Conduct as adopted by the Council.
(D) Officers. The Board shall annually select 1 of its members to serve as Chair and 1 member to serve as Vice Chair.
(E) Appeal procedures.
(1) An appeal of a determination of the Building and Safety Manager shall be filed within 30 calendar days from the date of the determination. The written appeal shall identify the specific Code or Codes, actions or determinations made by the Building and Safety Manager, the facts that are in error and the relief sought.
(2) The Board shall have the authority to overturn, uphold, or modify a determination of the Building and Safety Manager. The Board shall be authorized to approve an alternate material or method of construction to that required by the Technical Codes, provided the Board finds that the proposed design is satisfactory, complies with the intent of the requirements of the Technical Codes, and the material, method, or work to be provided meets the intended purpose and is at least the equivalent to that prescribed in the Technical Codes in quality, strength, effectiveness, fire resistance, durability, and safety.
(3) Appellate hearings procedure shall be as follows:
(a) The Building and Safety Manager, as appropriate, shall brief the Board on the key elements of the appeal, including the Code requirements and other pertinent information.
(b) The appellant may present their position, explaining the facts and reasons for the appeal.
(c) Pertinent staff or other witnesses may add additional information or testimony.
(d) The Board shall deliberate the case in public and shall reach a decision at the end of the hearing and shall state the determination and factual findings on the record.
(e) The Board shall place decisions and findings in writing, signed by the Chair or Vice Chair within 5 calendar days after the hearing in which the determination was made. The Building and Safety Manager shall forward a notice of decision to the appellant by certified mail. Said notice of decision shall state findings of fact, the determination, reasons for the decision, conditions related to the granting of the determination as established by the Board, and whether or not the appeal meets the requirements of this chapter. The decision of the Board shall be final, subject to court review only, and shall not be appealable to the City Council.
(F) Convening meetings.
(1) The Board shall meet upon notice of the Building and Safety Manager, at the request of the Chair or Vice Chair, within 30 calendar days after the receipt by the Building and Safety Manager of an appeal, or at stated periodic meetings. Meetings and hearings of the Board shall be public and in the presence of a quorum. Meetings shall conform to the requirements of the open meeting laws of the State of Arizona. Appellants and their representatives shall be given an opportunity to be heard and may hire a legal professional to represent them.
(2) Minutes of meetings shall be made, and after approval at a subsequent meeting, shall be signed by the Chair or Vice Chair and retained on file in the Division.
(G) Quorum and voting. Four members of the Board shall constitute a quorum. In varying the application of any provision of the Technical Codes, or related Codes of the city or in modifying an order of the Building and Safety Manager, the affirmative vote of 4 members shall be required. Failure to secure 4 concurring votes shall be deemed a confirmation of the decision of the Building and Safety Manager.
(H) Enforcement. The Building and Safety Manager is authorized to enforce decisions of the Board or, upon successful review, of the superior court or appellate court.
(I) Fees. The fee for each appeal to the Construction Board of Appeals shall be as set forth in Vol. I, Article 4-4: Development Services Fees. Said fee shall be paid with the filing of the appeal and shall be refunded only if the Building and Safety Manager determines that the appeal cannot proceed.
(Ord. 1475, passed 6-19-2019; Am. Ord. 1520, passed 12-7-2021)