14A-10-1005.4.2 Untimely petitions.

The building official may allow an untimely appeal petition to be considered by the Building Board of Appeals. In such case, the Building Board of Appeals will have full jurisdiction to hear and decide the matter.

14A-10-1005.5 Response.

The building official may, within 14 days of receiving an appeal petition, submit to the chair a written response in support of the decision or determination. The building official must mail a copy of any response to the petitioner and the permit applicant.

14A-10-1005.6 Effect of filing.

Upon the filing of an appeal petition, any and all work or operations which will or may be directly or indirectly affected by any such decision or determination must cease and the affected work or operations may not commence or resume until and after a decision has been rendered by the Board.

14A-10-1005.7 Hearings.

All meetings of the Building Board of Appeals will be held at the call of the chair and at such times as the chair may determine. Hearings on appeal petitions must be held no later than 30 days after the last day for the building official to respond to an appeal petition. All hearings conducted by Building Board of Appeals must be open to the public. Any person may appear and testify at a hearing either in person or by duly authorized agent or attorney. The chair, or in the chair’s absence, the acting chair, may administer oaths and compel the attendance of witnesses.

14A-10-1005.8 Decisions.

All orders, decisions, or determinations of the Building Board of Appeals which reverse or modify the decision of the building official must contain a statement to the effect that in the opinion of the Building Board of Appeals the work proposed will not endanger the life, health, or safety of the building occupants or area residents. A copy of all orders, decisions, or determinations of the Building Board of Appeals must be mailed to the petitioner, the permit applicant, and the building official.

14A-10-1005.9 Records.

The Building Board of Appeals must keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and must also keep records of its hearings and other official actions. The record of hearings will not be transcribed by the court reporter unless requested by the Building Board of Appeals or any party interested in the hearing. The cost of the transcription must be borne by the person requesting it and in cases filed pursuant to the Administrative Review Act, the plaintiff must pay for the cost of preparing and certifying the record of proceedings, including the cost of the transcript. A copy of every rule or regulation, order, requirement, decision, or determination of the Building Board of Appeals must be filed immediately with the building official and must be a public record.

14A-10-1005.10 Effect.

All decisions and findings of the Building Board of Appeals, on appeal or upon application for a variation after a hearing, will, in all instances, be the final administrative determination and will be subject to review by a court as by law, may be provided.