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One member of the Board of Building Code Appeals shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years and one for a term of five years. Upon expiration of the term of a member, his successor shall be appointed for a term of five years. Vacancies shall be filled by appointment by the Mayor. Continued absence of any member from meetings shall render any such member liable to immediate removal from office.
(Ord. 74-79. Passed 11-12-74.)
Three members of the Board of Building Code Appeals shall constitute a quorum. In varying the application of a provision of this Building Code or in modifying an order of the City Engineer and/or City Service-Safety Director and/or his or her designated representative, the affirmative votes of three members are required.
(Ord. 74-79. Passed 11-12-74; Ord. 84-53. Passed 9-25-84.)
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 City Engineer and/or City Service-Safety Director and/or his or her designated representative in interpreting the provisions of 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/or would be contrary to the spirit and 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; and
(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 the provisions of this Building Code.
(Ord. 74-79. Passed 11-12-74; Ord. 84-53. Passed 9-25-84.)
Meetings of the Board of Building Code Appeals shall be held at the call of the Chairman 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 facts, and shall also keep records of its examinations and other official actions. Such minutes and records shall be public records.
(Ord. 74-79. Passed 11-12-74.)
The Board of Building Code Appeals shall establish rules and regulations for its own procedure not inconsistent with the provisions of this Building Code. The Board members shall annually, by majority vote, select one of the members to serve as Chairman, and one as Secretary, who will hold office for a term of one year or until their successors are elected and qualified.
(Ord. 74-79. Passed 11-12-74.)
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