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Alternate materials and methods of construction may be used even though not specifically authorized by OBBC or this Building Code, provided such alternate has been approved by the Board of Building Standards and Building Appeals. Materials and constructions which have been approved by the Board shall be used and installed in accordance with the terms of approval.
Used materials shall be re-used only when approved for re-use by the Commissioner. The Commissioner may require tests to determine the strength and suitability of such materials, and may prescribe the maximum allowable stress and other conditions under which such materials may be re-used.
(a) Whenever there is insufficient evidence that any material or construction authorized by OBBC or this Building Code conforms to the requirements of this Building Code, or that any material or construction authorized or approved by the Board of Building Standards and Building Appeals conforms to the terms of authorization or approval given by the Board, the Commissioner may require tests as proof of compliance to be made at the expense of the owner by an approved agency.
(b) Tests shall be made in accordance with generally recognized standards for the material or construction in question, but in the absence of such standards the Board shall specify the test procedure. Duly authenticated tests by a competent person or laboratory may be accepted by the Commissioner in lieu of tests made under the Commissioner’s supervision.
(c) Copies of the results of all such tests shall be kept on file in the office of the Commissioner for a period of not less than five (5) years after the acceptance of the structure or materials or assembly of materials.
(d) The Commissioner may require tests to be repeated if at any time there is reason to believe that the material or construction no longer conforms to the requirements on which its approval was based.
(a) No provision of this Building Code shall be interpreted to prohibit or prevent the use of assemblies prefabricated off the site or at the site of construction, provided such assemblies conform to the provisions of OBBC or this Building Code or to the terms of an approval given by the Board of Building Standards and Building Appeals.
(b) Where the component parts of prefabricated assemblies are not readily accessible to inspection at the site, the Commissioner may accept certification that the assembly as installed at the site is identical with specimens upon which approval was based. If mechanical and electrical equipment are so installed as not to be readily accessible to inspection at the site, certification may be required that such equipment complies with applicable laws and ordinances, or the terms and conditions upon which approval was based.
The Commissioner shall have no power to allow any exception or variance from the provisions of this Building Code beyond the extent permitted by Section 3103.01, or from any rule, regulation, approval, determination or order of the Board of Building Standards and Building Appeals, or from any determination or order of the Board of Zoning Appeals.
The Board of Zoning Appeals shall be constituted and shall have jurisdiction as defined in the Charter and Chapter 329 of the Zoning Code.
Notwithstanding any other provision in the Codified Ordinances, the Board of Zoning Appeals shall hear and decide all appeals from decisions of the Commissioner of Assessments and Licenses concerning the refusal to issue or the revocation or suspension of a license, except when such decision is based upon the structural soundness of the place of business licensed or for which license application has been made, or relates to the licensing of any persons to engage in any of the trades or occupations for which a license is required under the provisions of the Building Code, such as plumber or electrician.
(a) Membership and Jurisdiction. The Board of Building Standards and Building Appeals shall be constituted and shall have jurisdiction as defined in the Charter.
(b) Meetings.
(1) Meetings of the Board shall be held at the call of the Chairperson, and at such other times as the Board may determine. The Chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All hearings before the Board shall be open to the public, and shall be before at least three (3) members of the Board or their alternates, who shall constitute a quorum. In varying the application of any provision of the Building Code or of any rule or regulation coming under the jurisdiction of the Board, and in modifying or reversing any order of the Director or other administrative officer or agency, affirmative votes of three (3) members or their alternates acting thereon in public hearing shall be required.
(2) The Board shall keep a detailed record of its proceedings, which shall set forth the reasons for its decisions, the vote of each member or alternate participating therein, the absence of a member, and any failure of a member or alternate to vote. Such record shall be available to the public, and an abstract thereof shall be published in the City Record.
(3) No member of the Board or his or her alternate shall act in a case in which he or she has financial or personal interest.
(c) Publication of Rules and Regulations and Decisions.
(1) Every rule or regulation, and every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board, and the office of the Director and in the office of any other administrative official or agency directly affected thereby, and shall be open to public inspection. When action has been taken upon an appeal, a certified copy of the Board’s decision shall be sent by mail or otherwise to the appellant.
(2) The Board shall publish in the City Record every order, requirement, decision and determination of the Board and the reasons therefor whenever it deems it practical to do so; and such other matters as the Board may deem advisable to publish.
(3) At least ten (10) days’ notice of intention to adopt, amend or repeal any rule or regulation shall be given by publication in the City Record, and a public hearing shall be held before any action is taken thereon. The adopted rules, regulations and amendments, and changes thereof, shall be published in the City Record and shall take effect on the date set therefor by the Board but not less than twenty (20) days after publication in the City Record.
(d) Inspections. Any member of the Board, or any officer or employee of the City, when authorized in writing by the Chairperson of the Board, and upon presentation of proper credentials, may at any time, enter, inspect and examine any premises, buildings or structures for the purpose of carrying out the duties of the Board, and shall report his or her findings in writing to the Board.
(e) Procedure on Appeals.
(1) An appeal may be made by any person aggrieved, or by the head of any department or division of the City.
(2) Such appeal shall be made within thirty (30) days after the decision from which appeal is taken is rendered, by filing with the officer or agency from whose decision the appeal is taken, and with the Board, a notice of appeal specifying the grounds thereof. However, in the case of a dangerous or unsafe condition, the administrative officer having jurisdiction may, in his or her order, limit the time for such appeal to a shorter period. The officer or agency from whose decision the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
(3) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer or agency from whom the appeal is taken shall file with the Board, after the notice of appeal has been filed with the officer or agency, a certificate, a copy of which shall forthwith be mailed to the appellant at the address stated in the notice of appeal, that, by reason of facts stated in the certificate, a stay would in the officer’s or agency’s opinion, cause immediate peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board, or by a court of competent jurisdiction upon application, and upon notice to the officer or agency from whom the appeal is taken, and on due cause shown.
(4) The Board shall fix a reasonable time for the hearing of appeals and give due notice thereof to the parties, and decide the same within a reasonable time. At the hearing any party may appear in person, or by agent or attorney.
(f) Approval of Materials and Types of Construction.
(1) Approval by the Board of any material, type of construction, appliance, device or appurtenance proposed for use pursuant to this Building Code shall be given upon acceptable evidence, assembled and submitted by the applicant, that such material, type of construction, appliance, device or appurtenance conforms to the applicable requirements of this Building Code or, where no specific requirements apply, to the intent and purpose of this Building Code. Such evidence, or a summary thereof, shall be included in the records of the Board and be available for public inspection.
(2) Any tests required by the Board in acting upon any application for approval of any material, type of construction, device or appliance proposed for use pursuant to this Building Code shall be made at the expense of the applicant.
(3) The Board shall maintain an up-to-date list of approvals. Such list shall be available for public inspections, and mimeographed or other reproductions of such list shall be prepared and made available to the public at intervals not exceeding one (1) year.
(g) Decisions.
(1) The Board shall in every case reach a decision without unreasonable or unnecessary delay.
(2) Whenever any decision of the Board reverses or modifies any order, requirement, decision or determination of any administrative officer or agency, or, in connection therewith, varies or modifies any provision of this Building Code, such administrative officer or agency shall take action immediately in accordance with such decision.
(3) The City of Cleveland or a person aggrieved by a decision of the Board may, within ten (10) days after the posting or publication of such decision, apply to the appropriate court to correct errors of law in such decision.
(h) Reports. The Board shall annually, not later than January 31, submit a report to Council covering the work of the Board during the preceding year, and shall incorporate in such report its recommendations as to desirable amendments to the Building Code.
(Ord. No. 1238-06. Passed 8-9-06, eff. 8-16-06)
When submitting an application for a hearing before the Board of Building Standards and Building Appeals, the application shall be accompanied by fee payment in full as follows:
Type Hearing
|
Fee
|
Owner occupied single-family dwelling appeal | $15.00 |
Single-family (non-owner-occupied) 2and 3 family dwelling appeals | $30.00 |
Other type building appeals | $130.00 |
Product approvals and any other appeals | $65.00 |
Time extension appeal | $20.00 |
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
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