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The Board of Building Code Appeals shall have the power, subject to the limitations and in the manner set forth in this Building Code, to:
(a) Affirm or reverse, in whole or in part, or modify, any decision of the Building Inspector interpreting this Building Code;
(b) Vary the application of any provision of this Building Code to any particular case, when, in its opinion, enforcement thereof would do manifest injustice and would be contrary to the spirit and the purpose of this Building Code or the public interest;
(c) Determine if any material or method of construction may be used, even though not specifically authorized by this Building Code, and specify the manner in which such material or method shall be used;
(d) Determine any requirement for the strength or stability of an existing or proposed building or structure, or for the safety or health of the occupants thereof, not specifically covered by this Building Code, or not readily interpretable from this Building Code;
(e) Determine whether or not any proposed rule of the Building Inspector supplements or aids in the interpretation of the requirements of this Building Code and is consistent therewith, and affirm, amend, modify or nullify any such proposed rule;
(f) Establish rules, regulations, conditions and qualifications for the registration, licensing or certification of qualification of any person performing work or providing services under this Building Code; and
(g) Report and recommend to Council any amendment, deletion or addition to this Building Code.
(Ord. 1233, passed 11-24-1958)
Meetings of the Board of Building Code Appeals shall be held at the call of the Chairperson and at such other times as the Board may determine. All hearings before the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Such minutes and records shall be public records.
(Ord. 1233, passed 11-24-1958)
The Board of Building Code Appeals shall establish rules and regulations for its own procedure not inconsistent with this Building Code.
The Board members shall annually, by majority vote, select one of the members to serve as Chairperson, who shall hold office for a term of one year or until his or her successor is elected and qualified.
(Ord. 1233, passed 11-24-1958)
Any person, any municipal officer or official or any public body aggrieved by an action of the Building Inspector may take an appeal to the Board of Building Code Appeals. The Building Inspector, any municipal officer or official, any public body or any member of the Board may request a hearing by the Board on any subject over which the Board has jurisdiction or power, as set forth in this Building Code, or may request the Board to review or interpret any provision of this Building Code.
(Ord. 1233, passed 11-24-1958)
An appeal from any decision of the Building Inspector may be taken within 30 days from the date of the decision from which the appeal is taken by depositing a fee as set forth in Chapter 208 of the Administration Code - the General Fee Schedule - and filing with the Building Inspector and with the Board of Building Code Appeals a notice of appeal, specifying the grounds therefor. The deposit shall be forfeited if the appeal is denied, but shall be returned if the appeal is granted. The Building Inspector shall forthwith transmit to the Board the papers upon which the action appealed from was taken.
(Ord. 1233, passed 11-24-1958; Ord. 72-71, passed 6-28-1971)
(a) Notice. The Board of Building Code Appeals shall hold a public hearing on each appeal and shall give such notice to the Building Inspector and other interested parties as the Board directs and shall give such notice to the public by posting, publication or otherwise as the Board deems appropriate. At the hearing, any party may appear in person or by his or her agent or attorney.
(b) Evidence and inspection. In passing upon appeals, the Board may require submission of evidence or proof to substantiate claims, and may require such additional data and tests which, in the opinion of the Board, are needed for adequate consideration of the appeal. Any member of the Board or any person authorized by the Board may at any time enter, inspect and examine any plans, building or structure for the purpose of carrying out the duties of the Board.
(Ord. 1233, passed 11-24-1958)
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