(a) Establishment and Members. There is established a Board of Building Standards and Appeals, consisting of a registered architect, defined to be a person holding a certificate under Ohio R.C. 4703.06 and registered pursuant to Ohio R.C. 4703.01 to 4703.19, one general building contractor and one subcontractor, a master plumber and/or plumbing engineer, electrical contractor and/or electrical engineer, heating contractor and/or heating engineer, and one person not connected in any way with the building trades. Total membership of the Board shall not be less than seven nor more than ten. The Chairman of the Building and Lands Committee of Council, City Engineer, Chief Building Inspector, Fire Chief or his appointee, Chief Electrical Inspector, Plumbing Inspector and the Health Officer or his appointee of the City shall be members ex-officio. Appointed members shall act as chairman of subcommittees, as shall be appointed by the Board for advisory purposes, from time to time.
(b) Appointment of Members; Personal Interest.
(1) Appointments shall be made by the Mayor.
(2) Appointments shall be for one, two, three, four and five years, except that after the first year all succeeding appointments shall be for a period of three years.
(3) Appointees shall be residents or have places of business in the City, but at no time shall an appointee have residence or business outside a three-mile distance from the corporation limits.
(4) Contractor appointees shall be registered with the Division of Buildings.
(5) No member shall sit in judgment concerning a matter of which he has a personal interest. A suitable alternate shall be appointed by the majority vote of the balance of membership.
(c) Powers and Duties.
(1) The Board shall determine the suitability of materials and type of construction, methods of installation, and provide for reasonable interpretations of the City Building Codes.
(2) The Board shall hear appeals of persons aggrieved by the provisions of the Building Codes or by decisions of the Chief Building Inspector and shall hold a hearing on any appeal within ten days from the date the appeal is filed with the Chief Building Inspector.
(3) The Board shall aid the Chief Building Inspector, when requested, in the enforcement of the Building Codes.
(4) The Board shall have the power to accept or reject plans when the same are presented for review by the Chief Building Inspector.
(5) The Board shall provide for the current updating of the Building Codes and shall advise Council of the necessity for amending the provisions of such Codes.
(6) The Board may vary the application of any provisions of the Building Codes to any particular case, when in its opinion enforcement thereof would do manifest injustice, would be contrary to the spirit and purpose of such codes or the public interest.
(7) The Board shall determine any requirement for the strength or stability of any existing building or structure, or for the safety or health of the occupants thereof, not specifically covered by the Building Codes or not readily interpretable from the provisions of such codes.
(d) Board Procedure.
(1) The Board shall elect a member as chairman and provide for a secretary from its membership.
(2) Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine, but it shall be mandatory that the Board meet at least once within each quarter of a current year.
(3) The Board shall keep minutes of its proceedings and record the vote of each member upon every question or indicate reasons for failure to vote.
(4) All minutes and records shall be kept on file in the Division of Buildings and the same shall be public records.
(5) The Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of the Building Codes.
(e) Appeals Procedures.
(1) A copy of the notice of appeal shall be filed with the Chief Building Inspector by the appellant or his counsel within five days after such appellant is aggrieved by a decision of any building inspector or any provision of the Building Codes.
(2) The Board shall hold a hearing within the period of time prescribed, and render a decision within a reasonable time, but not to exceed ten days from the hearing of the appeal. The Board may affirm, reject, revoke, institute, suspend, recommend prosecution or decide an appeal to the best interest of the appellant or to the City or both.
(3) Decisions of the Board shall be in writing. The appellant shall be afforded a copy.
(4) All meetings of the Board shall be public meetings. All hearings shall be given public notice in a manner determined by the Board and all persons whose interest may be affected by the matter on appeal shall be given an opportunity to be heard.
(5) A majority of the appointed members shall constitute a quorum. One less than majority of appointed members may adjourn a meeting when a quorum is not present.
(6) A majority vote shall rule.
(7) The Chief Building Inspector shall take immediate action on the decision of the Board.
(Ord. 167-79. Passed 8-6-79.)