Sec. 27-82. Powers and duties.

   (a)   Pursuant to F.S. § 553.80, as may be amended, the Florida Building Code, and the Boynton Beach Administrative Amendments of the Florida Building Code, the Building Board of Adjustments and Appeals shall have the power, as further defined in Section 113.4, of the Boynton Beach Administrative Amendments of the Florida Building Code, to hear appeals of decisions and interpretations of the building official pursuant to Sec. 27-83 through 27-85, and consider variances of the Florida Building Code and other technical codes pursuant to Sec. 27-86 through 27-87. See Boynton Beach Administrative Amendments to the Florida Building Code 6th Edition (2017).

   (b)   The owner of a building, structure, or service system, or duly authorized agent may appeal a decision of the building official or the floodplain administrator, as applicable, in his or her enforcement or administration of Chapter 4, Article IX, Building, Construction and Historic Preservation Requirements; Chapter 4, Article X, Flood Prevention Requirements; or whenever any one of the following conditions are claimed to exist:

      (1)   The building official or the floodplain administrator, as applicable, rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure, or service system;

      (2)   The provisions of the city's current edition of the Administrative Amendments to the Florida Building Code do not apply to this specific case;

      (3)   That an equally good or more desirable form of installation can be employed in a specific case; or

      (4)   The true intent and meaning of the city's current edition of the Administrative Amendments to the Florida Building Code have been misconstrued or incorrectly interpreted.

      (5)   An application made by the owner or tenant of a property which operates as a group home is denied. The Building Board of Adjustments and Appeals shall convene within 30 calendar days of the date that a written appeal is filed with the city. If the Building Board of Adjustments and Appeals is unable to convene within 30 days, the appeal may be heard by the city's magistrate and the matter will be added to the agenda of the next available code enforcement hearing date.

   (c)   The Building Board of Adjustments and Appeals shall hear appeals of determinations of the building official as provided in Sec. 27-83.

   (d)   The Building Board of Adjustments and Appeals shall hear applications for variances pursuant to Sec. 27-86 and 27-87.

(Ord. No. 20-016, § 10, 6-2-20; Ord. No. 23-016, § 2, 9-14-23)