(A) General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the licensing and/or application and interpretation of this chapter, there shall be and is hereby created a Construction Board of Adjustment and Appeals. The Construction Board of Adjustment and Appeals shall be appointed by the governing body and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business.
(1) Decision-making authority. The Charleston County Construction Board of Adjustment and Appeals shall have final decision-making authority on the following matters:
(a) Appeals of orders, decision or determination made by the Building Official;
(b) Licensing or registration of building contractors;
(c) Adjustments and appeals for stormwater management utility fees; and
(d) Appeals and variances of flood plain management in reference to Chapter 151 of the Code of Ordinances of the Town of James Island entitled “Town Regulations Concerning Flood Damage Prevention”.
(e) The Charleston County Construction Board of Adjustment and Appeals (“Board”) does not act in a review or recommending capacity.
(2) Officers, rules, meetings and minutes. The Charleston County Construction Board of Adjustments and Appeals shall elect one of its members as Chairperson and another as Vice-Chairperson, both who shall serve for one year or until re-election or a successor is elected and qualified. The Charleston County Construction Board of Adjustment and Appeals shall adopt rules and procedures in accordance with the provision of this chapter and shall keep a record of its resolutions, findings and determinations, all of which, upon approval, shall be filed immediately in the office of Building Official. Such records shall be available for public review and inspection during normal business hours. The Building Official shall be a non-voting member of the Board and shall serve as the Secretary. Meetings of the Board shall be at the call of the Chairperson or at such other times as a majority of the Board may determine. Public notice of all meetings of the Board shall be provided by at least electronic deliver to the major news television stations, the major newspaper of general circulation, the major radio communication companies, and several individual town/jurisdiction papers. A quorum for the transaction of official business by the Board shall consist of six members. The decision of the Board shall be final unless the petitioner appeals the decision to the circuit court in Charleston County within 30 days after the date of the decision of the Board.
(B) Adjustments and appeals.
(1) The Construction Board of Adjustment and Appeals shall hear and decide requests for adjustment and appeals meeting all of the following provisions:
(a) Decisions on which an adjustment or appeal is requested shall be those made by the Building Official or his designee.
(b) The Construction Board of Adjustment and Appeals is authorized to hear requests for adjustment or appeal to this code and other codes, regulations, or ordinances as specifically authorized in the Code of Ordinances, Town of James Island, South Carolina or determined by the Building Official to be within the scope of the Construction Board of Adjustment and Appeals.
(2) Right to appeal. Appeals of administrative orders, decisions or determinations causing the appeal or variance may be filed by the owner of the property affected by the decision or his or her duly authorized representative, or by any person with a substantial interest in a decision of the Building Official.
(3) Application filing; timing. Requests for a hearing for an adjustment or appeal of a decision shall be in writing, and shall be received in the office of the Building Official within 20 calendar days of notice of the decision causing the filing of the adjustment or appeal.
(C) Decisions. The decisions of the Construction Board of Adjustment and Appeals shall be final unless the applicant appeals the decision to the circuit court in Charleston County within 20 days after the date of the decision of the Construction Board of Adjustment and Appeals.
(D) Limitations on authority. An application for appeal shall be based on a claim that the true intent of this chapter or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this chapter do not fully apply or an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of this chapter.
(E) Qualifications. The Construction Board of Adjustment and 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.
(F) Composition. The Charleston County Construction Board of Adjustment and Appeals shall consist of eleven members appointed by Charleston County Council for a term of four years each. The term of office shall be staggered so no more than one-third of the Board is appointed or replaced in any year. Members shall serve without compensation for the county. Any vacancy which may occur on the Board shall be filled by County Council appointing a successor to serve out the unexpired term of the vacancy. No member of the Board may hold an elected public office in Charleston County. The eleven member Board shall consist of the following:
(1) Two must be registered architects;
(2) One must be a registered structural engineer;
(3) One must be a registered mechanical engineer;
(4) Two must be registered civil engineers;
(5) One must be a licensed general contractor;
(6) One must be a mechanical contractor;
(7) One must be a licensed electrical contractor;
(8) One must be a licensed plumbing contractor; and
(9) One licensed residential home builder.
(G) Established; composition. The Construction Board of Adjustment and Appeals appointed by County Council shall consist of 11 appointed members and the Building Official shall be a non-voting member of the Board and shall serve as the Secretary. All appointments shall be for a term of four years. The terms of office shall be staggered so no more then one-third of the Board is appointed or replaced in any year. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Absence of a member in excess of three consecutive meetings may render any such member liable to immediate removal from office.
(H) Quorum. Six members of the Board shall constitute a quorum.
(I) Establish rules for the carrying out responsibilities. The Construction Board of Adjustment and Appeals shall establish rules, as appropriate, for carrying out these assigned responsibilities.
(J) The decisions of the Construction Board of Adjustment and Appeals shall be final unless the petitioner appeals the decision to the circuit court in Charleston County within 20 days after the date of the decision of the Construction Board of Adjustment and Appeals.
(K) Additional responsibilities.
(1) Licensing.
(a) Ground for revocation of town license. The Board may revoke the license or registration of any building contractor who is found guilty of fraud or deceit in obtaining a license, or gross negligence incompetence, or gross misconduct in conducting his business as a contractor. Any person who alleges gross negligence, incompetence, or gross misconduct against any contractor licensed or registered hereunder shall submit such allegation in affidavit form and file the same with the Secretary of the Board.
(b) Reissuance of revoked license or registration. The Board may consider a request to reissue the town license of any person whose license or registration has been revoked six months after the date of revocation, if a majority of the members of the Board vote in favor of such reissuance for reasons the Board deems sufficient. If the reissuance is denied, the reissuance can be reconsidered at six-month intervals thereafter.
(c) Probation. The Board may place any building contractor on probation for a specified period of time in lieu of revoking his or her town license or registration when allegations presented do not warrant revocation by the majority of the Board for whatever reasons the Board deems sufficient.
(d) Hearing and decision of charges. Grounds detailed in division (K)(1)(a) above, unless they are dismissed without hearing by the Board as unfounded or trivial, shall be heard based on testimony under oath and a determination shall be made by the Board within three months after the date of the hearing. The accused may cross examine witnesses against him and produce evidence or witnesses in his or her defense. A written record shall be made of the proceedings. If, after such hearing, the Board, by majority, votes in favor of finding the accused guilty of any fraud or deceit in obtaining his license or registration, or gross negligence, incompetence, or gross misconduct in conducting his business as a contractor, his or her town license or registration will be revoked.
(2) Stormwater management. The Construction Board of Adjustment and Appeals shall hear and decide requests for stormwater management utility adjustment and appeals as follows:
(a) The Construction Board of Adjustment and Appeals shall hear the petition to determine if the annual stormwater management utility fee does not apportion the fee with approximate equality, based upon a reasonable basis of classification and with due regard to the benefits conferred by providing stormwater management services to the utility customer and the requirements of public health, safety or welfare. The determination of the annual fee by the Construction Board of Adjustment and Appeals is entitled to presumption of correctness and the applicant has the burden of rebutting the presumption of correctness.
(b) The Construction Board of Adjustment and Appeals shall render a written decision on each application that is heard, and such written decision shall be issued within 20 calendar days from the day the Board heard the application. The decision of the Construction Board of Adjustment and Appeals shall contain findings of fact and conclusions of law and the decision shall be sent to the petitioner by first class mail.
(c) Prior to bringing an action to contest an annual fee, the petitioner shall pay to the treasurer not less than the amount of the annual stormwater fee which he admits in good faith owes. Payment of the fee shall not be deemed an admission that the annual fee was due and shall not prejudice the applicant in bringing an action as provided herein.
(3) Flood plain management. The Construction Board of Adjustment and Appeals shall hear and decide requests for appeals and variances as referenced in the current ordinance, entitled “The Flood Damage Prevention and Protection.”
(Ord. 2016-14, passed 1-19-2017)