(a) Establishment. There is hereby established in accordance with the powers granted pursuant to Ohio R.C. 715.26, a Building Advisory Board which shall be comprised of six members consisting of a plumber, electrician, general contractor, heating and cooling contractor, real estate agent, and home owner, who shall serve without compensation for terms of three years each. The members of this Board shall be appointed by the Mayor unless the City has a contract with the Pickaway County Commissioners to perform building inspection services within various areas outside the City, in which case, one of the members of this Board shall be appointed by the County Commissioners. The terms of these Board members shall be staggered so that two members are appointed annually.
(b) Removal of Members. Members of the Board shall be removable by the Mayor for nonperformance of duty, misconduct in office, or other cause after the member has been given the opportunity to be heard and to answer such charges.
(c) Organization and Rules.
(1) Four members of the Board shall constitute a quorum.
(2) The meetings of the Board shall be public; however, the Board may go into executive session, as permitted by Ohio R.C. 121.22 as amended, for discussion, but not for vote, on any issue before it.
(3) The Board shall organize annually and elect a chairman, clerk, and other officers as it deems necessary.
(4) The Board shall adopt, from time to time, such rules, policies, procedures and regulations as it may deem necessary to carry into effect the provisions of this section.
(5) The Clerk of the Board shall 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 shall keep records of its examination and other official action, all of which shall be immediately filed in the City offices and shall be of public record.
(6) The Board shall have the power to subpoena witnesses, administer oaths, and may require the production of documents, under such regulations as it may establish.
(7) The Board may call upon the various departments of the City for assistance in the performance of its duties and it shall be the duty of such departments to render assistance to the Board as may reasonably be required.
(d) Powers and Duties. The Board shall have the following powers and duties pursuant to this section:
(1) To formulate, promulgate and adopt rules, policies, procedures, and regulations governing the erection, construction, repair, alteration, inspection, and maintenance of all buildings or classes of buildings, including land area incidental thereto subject to the authority of the Building Department as well as the installation of building materials within such structures and the materials to be used in connection therewith. The Board, shall on its own motion, or on application made by the Mayor or Building Inspector, formulate, propose, adopt, modify, amend or repeal such rules, policies, procedures and regulations to the extent necessary or desirable to effectuate the purposes of the Department. The vote of a majority of the members of the Board is required for the adoption of any rule, policy, procedure or regulation, or amendment or annulment thereof.
(2) To formulate permits to be issued by the Department and to establish reasonable fees for such permits, subject to review by Council, and to assist the Building Inspector in reviewing all applications submitted for such permits. The fee established for any permits and licenses shall bear some reasonable relationship to the costs of such inspections and review.
(3) To establish licensing fees and permits within the Department, subject to review by Council.
(4) To hear, conduct and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Building Inspector relating to any contractor license suspension, OBOA or BOCA provisions, Ohio Plumbing Code, EPA regulations, permits, or any rule, policy, procedure or regulation of this Board.
(5) To authorize any variances from the rules, policies, procedures, or regulations adopted by this Board, including requirements relating to contractor licensing or the enforcement of OBOA or BOCA provisions where such variances will not be contrary to the public interest or where, owing to special conditions or circumstances, a literal enforcement of this rule, policy, procedure or regulation would result in unnecessary hardship in accordance with the provisions of this section.
(6) To compile and publish, in the form of a model code, rules pertaining to one-family, two-family and three-family dwelling houses which may be incorporated into the Building Code and enforced by the Department.
(7) To conduct investigations of the necessity for any permits or licenses required by the Department and the practicality of such permits or licenses.
(8) To assist the Building Inspector, the Department and any and all other City officials in implementing any rules, policies, procedures or regulations created and adopted by this Board and in otherwise carrying out such rules and regulations of this Board.
(9) To conduct all other actions or duties necessary for the implementation of any rules, policies, procedures or regulations established by this Board for enforcement by the Department or to otherwise carry out any powers or duties granted to the Board.
(e) Decisions.
(1) The Board shall decide any appeals from the Building Inspector within ten days after the final hearing thereon.
(2) The applicant shall be notified in writing of the Board’s decision unless the decision is rendered orally and at the time of the hearing where the applicant is present. The decision of the Board shall be binding upon the Building Inspector and any other designated agent of the Department.
(3) The Board may reverse or affirm wholly or partially, or may modify the order, requirements, decisions, or determination appealed from the Building Inspector and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises; and to that end, shall have only those powers of the Building Inspector from whom the appeal was taken. Any person adversely affected by a decision of the Board may appeal to the Common Pleas Court within thirty days of receipt of the written notice of the Board’s decision or the actual date of the Board’s decision if rendered orally.
(Ord. 6-33-95. Passed 6-6-95; Ord. 12-102-99. Passed 12-21-99.)