Section 107.1 of the "Idaho State Plumbing Code" is hereby repealed and replaced to read as follows:
107.1 Plumbing, Mechanical and Fuel Gas Board. There is hereby created a Plumbing, Mechanical, and Fuel Gas Board hereinafter referred to as "the Board" which shall be composed of seven (7) members and shall be appointed by the Mayor by and with the advice and consent of the Council. Members of the Board shall include at least one (1) Idaho licensed engineer, three (3) licensed plumbing contractors, and three (3) licensed mechanical contractors. Any member of the Board that fails to maintain a valid Idaho license for their respective profession, shall be disqualified from serving on the Board. Boise City residency of at least four (4) of the members is required. Members not residing within Boise City must reside within Ada County and conduct business in Boise City. The terms of office shall be four (4) years and if a vacancy occurs during an unexpired term, then the Mayor with the consent of the Council shall appoint a member to fill the unexpired term. The Board shall select one of its members as Chairman. Members of the Board shall serve and act without compensation except that their actual and necessary expenses may be allowed by the Council. The Secretary, who is hereby designated to be the code official or designated representative, shall keep a record of all meetings, appeals, hearings, and proceedings of the Board and shall perform all services that may otherwise be required.
A. BOARD DUTIES
It shall be the responsibility and duty of the Board:
1. To recommend and submit to the Mayor and Council any proposed amendments to this Chapter which may govern the design, construction, installation, improvement, expansion, and alteration of plumbing, mechanical or fuel gas systems.
2. To recommend and submit to the Mayor and Council any proposed standards for the quality and weight of materials, fixtures, appliances, and devices used in, design or construction of plumbing, mechanical or fuel gas systems.
3. To recommend and submit to the Mayor and Council any proposed amendments to this Chapter, prescribing the standards and procedures for inspecting plumbing, mechanical or fuel gas systems.
4. To review upon written request, the administration and enforcement of the minimum standards, codes, regulations and procedures required by this Chapter including appeals of any interpretations of this Chapter or decisions made by the code official under this Chapter.
B. APPEAL PROCESS
Any permit applicant, whose application has been rejected, or any person who has been ordered to modify, alter, remove, or install any plumbing, mechanical or fuel gas system as required by this Chapter may appeal that decision by filing notice in writing with the City within ten (10) calendar days. The appeal hearing shall be held within thirty (30) calendar days of receipt of the notice of appeal or as otherwise agreed upon by parties to the appeal and the City. At the hearing the Board may, by a majority vote, affirm, reverse, or modify the action of the City. If the actions of the City are modified or reversed, a permit shall be issued in accordance with the decision of the Board.
C. STANDARD OF REVIEW
The Board may: (1) modify or impose alternative to requirements to those contained within this Chapter only when the appellant demonstrates that the requirements of this Chapter are impracticable and demonstrates that the modification or alternative provides at least an equivalent level of safety as required under this Chapter, or (2) determines that the City erred in its interpretation or application of the Code provisions.
D. APPEAL FEE
Any person appealing a decision of the City shall include payment of an appeal fee in an amount specified in the fee schedule. In the event the decision of the code official is reversed, then the appeal fee shall be returned to the Appellant.
E. APPEAL TO CITY COUNCIL
Any order, decision or ruling of the Board may be appealed, by filing notice in writing to the City Council within ten (10) calendar days of such order, decision, or ruling.
(Ord. 20-19, 6-11-2019)