R112.1 Building Code Board of Appeals. There is hereby created a Building Code Board of Appeals hereinafter referred to as "the Board" which shall be composed of ten (10) members and shall be appointed by the Mayor by and with the advice and consent of the City Council. Members of the Board shall include at least three (3) Idaho registered engineers; three (3) Idaho licensed architects; three (3) Idaho registered building contractors and one (1) person who owns or operates a fire sprinkler business, and are qualified by experience and training to pass upon matters pertaining to building construction, all of whom shall not be employees of the city of Boise City. Any member of the Board that fails to maintain a valid Idaho license or registration for their respective profession, shall be disqualified from serving on the Board.
Boise City residency of at least five (5) of the members is required. Members not residing in 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 City Council shall appoint a member to fill the unexpired term. The Board shall select one of its members as Chair. Members of the Board shall serve and act without compensation except that their actual and necessary expenses may be allowed by the City Council. The Secretary, who is hereby designated to be the building 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.
BOARD DUTIES
It shall be the responsibility and duty of the Board:
1. To recommend and submit to the Mayor and City Council any proposed amendments to this Chapter, or other applicable Chapters, which may govern the design, construction, installation, improvement, expansion, alteration, or repair of buildings or structures.
2. To recommend and submit to the Mayor and City Council any proposed standards for the quality and type of materials, fixtures, appliances, and devices use in, design or construction of buildings or structures.
3. To recommend and submit to the Mayor and City Council any proposed amendments to this Chapter, or other applicable Chapters, prescribing the standards and procedures for reviewing and inspecting buildings or structures.
4. To review upon written request, the administration and enforcement of the minimum standards, codes, regulations, procedures, and fees required by this Chapter, or other applicable Chapters, including appeals of any interpretations of this Chapter, or other applicable Chapters, or decisions made by the building official under this Chapter.
5. To also serve in capacity as the Fire Code Board of Appeals with the same authority, duties, process, and standard of review with the fire code official in place of the building official.
R112.1.1 APPEALS TO THE BUILDING CODE BOARD OF APPEALS
A. APPEAL PROCESS
Any permit applicant, whose application has been rejected, or any person who has been ordered to modify, alter, remove, or install any building code provisions 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.
B. STANDARD OF REVIEW
The Board may: (1) modify or impose an 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 to that required under this Chapter, or (2) determines that the City erred in its interpretation or application of the code provisions.
C. APPEAL FEE
Any person appealing a decision of the City shall include payment of an appeal fee in an amount as specified in the Boise City Building Code Fee Schedule as adopted by the City Council. In the event the decision of the building official is reversed, then the appeal fee shall be returned to the Appellant.
D. 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.
R112.1.2 APPEAL PROCEDURE
The Building Code Board of Appeals may receive all evidence on appeal, in accordance with the following procedure:
A. The building official or designee shall first present background information on the appeal, including relevant code sections and their interpretation and other information related to the activities or work performed related to the appeal. The Board may ask questions during or after each presentation.
B. The Appellant may then present any information relevant to the appeal. The Appellant shall have up to twenty (20) minutes to present such evidence.
C. The Chair shall next open the hearing to receive public testimony. Each person wishing to provide public testimony shall be given up to five (5) minutes to do so.
D. Following the close of public testimony, the building official or designee shall be allowed up to ten (10) minutes for rebuttal and any final comments.
E. The Appellant then shall have up to ten (10) minutes for rebuttal and any final comments.
F. The Chair may grant additional time to the Appellant and the building official or designee if the additional time would aid the Board in its decision provided that both the Appellant and the building official receive an equal amount of time each.
G. Following the hearing, the Board may deliberate and render a final decision by a roll call vote, may request more information before a final decision is made, or may take the matter under advisement and reconvene at a reasonable time within fifteen (15) calendar days in order to render a final decision. The final decision shall be in writing with a copy provided to the Appellant within ten (10) calendar days of rendering a final decision on the appeal. The decision by the Board may be appealed to the City Council within ten (10) calendar days following the date of issuance of a written decision.
(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. 2019 Code; Ord. 40-20, 12-1-2020, eff. 1-1-2021)