(A) Board Established, Duties: There is hereby established a board of appeals to rule on the refusal of the building inspector to authorize the issuance of a building permit hereunder and to rule on problems concerning existing and proposed regulatory building codes and to advise and make recommendations to the city council upon such other building questions that may be submitted to it by the council. This board will not act upon matters pertaining to electrical and plumbing questions or any other matters reserved to the state of Idaho, as provided by chapter 41, title 39, Idaho Code. The board of appeals shall consist of six (6) members qualified by experience and training to pass upon matters pertaining to building construction. Such members shall be appointed by the mayor, with the consent of the council, for a term of two (2) years, and if a vacancy occurs, the mayor, with the consent of the council, shall appoint a member to fill such unexpired term. The board shall organize and select one of its members as chairman, and the members shall serve and act without compensation, except that their actual and necessary expenses shall be allowed by the council. The secretary, who is hereby designated to be the building inspector or his designated representative, shall keep a record of all meetings and proceedings of the board and shall perform all services that may be required. The board shall meet at the call of the chairman or within five (5) days upon receipt of a notice from the building inspector of any appeal.
(B) Procedure Upon Appeal:
1. Any applicant for a permit, whose application has been rejected by the building inspector, or any person who has been ordered by the building inspector to modify, alter, remove or install any work or plans therefor, may, within five (5) days thereafter, appeal by delivering to the building inspector notice in writing of such an appeal. The building inspector shall thereafter deliver such notice of appeal, or a certified copy thereof, to the board, who shall fix and establish a time, date and place of hearing of the appeal within fifteen (15) days from the date of the receipt of notice of appeal by the board and cause a copy of the notice of hearing to be mailed to the appealing party and the building inspector. At the hearing the board may, by a majority vote, affirm, annul or modify the action of the building inspector, and if the action of the building inspector is modified or annulled, it shall direct a permit to be issued accordingly.
2. The board of appeals may modify or waive the requirements of this code in particular cases wherever any rules are shown to be impracticable or whenever it is shown that equivalent or safer construction can be more readily accomplished in other ways. The requirements of this code may be modified or waived by special permission in particular installations in connection with which the term "special permission" is issued. Such permission shall in all cases be obtained prior to the commencement of the work.
3. Any person appealing from the decision of the building inspector shall attach to the written appeal a certified check for twenty five dollars ($25.00) made out in favor of the city. In the event such appeal is granted, said twenty five dollar ($25.00) fee shall be returned to the appellant.
4. Any order, decision or ruling of the board of appeals may be appealed to the city council within ten (10) days of such order, decision or ruling.
5. Any person appealing from the decision of the board of appeals shall attach to the written appeal a certified check for twenty five dollars ($25.00) made out in favor of the city. In the event such appeal is granted, said twenty five dollar ($25.00) fee shall be returned to the appellant. (Ord. 500, 4-13-1992)