A. Section 106.5.2 and 106.5.3 of the International Mechanical Code, 2018 edition, and Section 106.6.2 and 106.6.3 of the International Fuel Gas Code, 2018 edition, are hereby amended as follows:
106.5.2 [106.6.2 IFGC] Permit Fees. The fees for each permit shall be as set forth in Section 15.04.09. Mechanical fees for new residences shall be considered to be included in the building permit fee for the new residence, and no separate mechanical permit shall be issued. All other mechanical installations shall require a separate permit with attendant fees to be issued.
106.5.3 [106.6.3 IFGC] Fee refunds.
2. Not more than eighty percent [80%] of the permit fee paid shall be refunded when no work has been done under a permit issued in accordance with this code.
3. Not more than eighty percent [80%] of the plan review fee paid shall be refunded when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.
B. Section 109 of the International Mechanical Code, 2018 edition, and International Fuel Gas Code, 2018 edition, are hereby amended as follows:
109.1 Application for appeal. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed.
Any affected person may file an appeal from any notice or action of the Building Official. A fee as specified in Section 15.04.09 and written appeal describing the specific issues being appealed must be submitted to the City of Deary within fifteen (15) days of the date of the notice or action of the Building Official. After receiving the appeal, the Board of Appeals shall be appointed by the City Council of Deary within thirty (30) days and the Board of Appeals, once appointed, shall first fix a date, time and place for hearing the appeal. The Board of Appeals shall hear the appeal within forty-five (45) days after the appointment by the City Council of Deary. Written notice of the time and place of the hearing shall be given at least fifteen (15) days prior to the date of the hearing to each appellant and to the Building Official. The Board of Appeals must render a decision within thirty (30) days of the hearing of such appeal. Every decision of the Board of Appeals must be based upon findings of fact and every finding must be supported in the record of the proceedings of the Board of Appeals.
The Board of Appeals shall have no authority to waive any requirement of this code.
109.2 Membership of board. DELETED
109.2.1 Qualifications. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals. The Building Official shall be an ex-officio member of said board but shall have no vote on any matter before the board. This board shall have three members, not including the Building Official. The Board of Appeals shall be appointed by the City Council of Deary and shall hold office at its pleasure. A member of the Board of Appeals shall act as Secretary and shall take minutes of the proceedings. The Board of Appeals shall conform to the City of Deary Hearing Procedures Ordinance and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official. The Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.
109.2.2 Alternate members. DELETED
109.2.3 Chairman. DELETED
109.2.5 Secretary. DELETED
109.3 Notice of meeting. DELETED
109.4 .1 Procedure. DELETED
109.5 Postponed hearing. DELETED
109.6 Board decision. DELETED
109.6.1 Resolution. DELETED
(Ord. 389, 1-13-2021)