A. Authority Of The Code Official: The Code official may render interpretations of the provisions of this title and of any rule, regulation, or condition issued or imposed pursuant to it.
B. Purpose Of Interpretations: The interpretation authority established by this section is intended to recognize that the provisions of this title cannot possibly address every specific situation to which they may have to be applied. Many such situations, however, can be readily addressed by an interpretation of the specific provisions of this title in light of the general and specific purposes for which those provisions have been enacted. Because the interpretation authority herein established is an administrative rather than a legislative authority, it is not intended to add to or to change the essential content of this title, but rather is intended only to allow authoritative application of that content to specific cases.
C. Procedure: Any person who seeks an interpretation must file a written application therefor with the Building Department stating specifically the title provisions at issue and the facts and circumstances related to such person's request for an interpretation. The Code official will make a decision in writing on such interpretation and provide that written decision to the applicant within thirty (30) days after the application is filed. Any failure of the Code official to act within thirty (30) days, or within such further time to which the applicant may agree, will be deemed to be a decision denying the application rendered on the day immediately after that thirty (30) day period.
D. Appeal: A decision by the Code official on an interpretation under this section, or on the application of a provision of this title, may be appealed to the Lake Zurich building regulations board of appeals by the filing of a written application for an appeal within ten (10) days after notice was served in the office of the village manager as specified below.
E. Lake Zurich Building Regulations Board Of Appeals:
1. Board Created: There is hereby created the Lake Zurich building regulations board of appeals.
2. Membership: The building regulations board of appeals is composed of three (3) members appointed by the Lake Zurich village manager. In addition, the code official serves as an advisory member of the building regulations board of appeals. The members appointed by the village manager must have at least ten (10) years of experience working in one of the following fields:
a. A builder or a superintendent of building construction.
b. A registered architect, structural engineer, mechanical engineer, or electrical engineer.
c. A registered design professional in the field of plumbing engineering.
d. A mechanical contractor.
e. A fire protection contractor or a registered design professional in the field of fire protection engineering.
3. Appointed Terms: The three (3) members of the building regulations board of appeals appointed by the village manager will have a term of two (2) years or until their replacements have been appointed. The village manager may replace a member of the building regulations board of appeals at any time.
4. Notices of Meetings: Within ten (10) days after an appeal has been filed pursuant to this section, the code official must set a date and time for a meeting. The meeting must take place within thirty (30) days after the appeal has been filed.
5. Meeting Postponement: The appellant has the right to request one postponement of the meeting. If a request is made, then the code official must set the meeting for a date no more than thirty (30) days after the first established date.
6. Meeting Procedures: The building regulations board of appeals may adopt procedures governing the procedure for its meetings. Those procedures must be consistent with the following standards:
a. The procedures need not require compliance with strict rules of evidence, but must mandate that only relevant information be received.
b. Meetings must be open to the public. There is no requirement that members of the public be allowed to speak at a meeting.
c. The appellant, the appellant's representative, the village, and any person whose interests are directly affected must be given an opportunity to be heard and may submit documents in support of their position.
d. At a meeting, the building regulations board of appeals may receive testimony and review documents and other relevant materials.
e. The code official may participate fully in all proceedings, but has no vote on any decision.
7. Decisions: The building regulations board of appeals must issue a written decision within fifteen (15) days after the conclusion of the meeting on appeal. That decision must be transmitted promptly to the appellant. A failure of the board to issue a written decision within fifteen (15) days will be deemed a denial of the appeal. All decisions by the board of appeals are final. (Ord. 2015-3-053, 3-16-2015)