(a) Appointment to Board. The Board of Building Code Appeals is hereby created and it shall determine the suitability of alternate materials and types of construction, and to provide for reasonable interpretations of the provisions of this Building Code.
The Board shall consist of one architect, one registered engineer, the Chairman of the Health, Safety and Sanitation Committee of Council, one general contractor and one private citizen not connected with the building business. All Board members shall be qualified electors of the City, if such are available. The Chief Building Official shall be an ex-officio member and shall act as the secretary to the Board.
The Chairman of the Health, Safety and Sanitation Committee of Council shall be an automatic member of the Board by virtue of his office. The remaining four members of the Board shall be appointed by the Mayor and confirmed by Council, and shall be appointed and hold office in the following manner:
(1) During the first year: one person for one year, one person for two years, one person for three years and one person for four years.
(2) After the first year, one person shall be appointed each year for a four- year period.
(b) Compensation. Council shall, from time to time set the compensation, if any, of the Board members for time served at Board meetings.
(c) Disqualification. No member of the Board shall pass upon any question in which he has a financial or personal interest. On the appeals in which a member is disqualified, or asked to be excused, the Mayor shall appoint an alternate to fill the temporary vacancy.
(d) Powers. The Board of Building Code Appeals shall have the power, subject to the limitations and in the manner set forth in this Code to:
(1) Affirm or reverse, in whole or in part, or modify, any decision of the Chief Building Official interpreting the provisions of this Code.
(2) Vary the application of any provision of this Code to any particular case, when, in its opinion, enforcement thereof would do manifest injustice, would be contrary to the spirit and the purpose of this Code, or the public interest.
(3) Determine if any material or method of construction may be used, even though not specifically authorized by this Code, and specify the manner in which materials and methods shall be used.
(4) Determine any requirement for the strength or stability of an existing or proposed building or structure, or for the safety or health of the occupants thereof, not specifically covered by this Code, or not readily interpretable from the provisions of this Code.
(5) Determine whether any proposed rule of the Chief Building Official supplements or aids in the interpretation of the requirements of this Code and is consistent therewith, and to affirm, amend, modify or nullify a proposed rule.
(6) Establish rules and regulations, conditions and qualifications for the registration, licensing or certification of qualification of a person performing work or providing services under this Code.
(7) Determine the amount of bond required of any person or firm performing work or providing services under this Code.
(8) Report and recommend to Council any amendment, deletion or addition to this Code.
(e) Materials Approved. The Board of Building Code Appeals will recognize Section 118, Products and Materials, of the O.B.C. as the standard by which materials, equipment, appliances, devices, and methods shall be deemed acceptable.
(f) Meetings, Records and Quorums. Board meetings shall be held at the call of the chairman and at other times as the Board determines. All hearings before the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such facts, and shall also keep records of its examinations and other official actions. The minutes and records shall be public records.
Three members of the Board shall constitute a quorum, and a majority vote of the entire committee shall rule.
(g) Procedure. The Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this Code. It shall also establish a schedule of fees that may be required for filing designated types of appeals, if Council deems it necessary. The Board members shall annually, by majority vote, select one of the members to serve as chairman, who shall hold office for a term of one year or until his successor is elected and qualified. (Ord. 66-03. Passed 5-12-03.)
(h) Appeal to Board. Any person, municipal officer or official or any public body aggrieved by the action of the Chief Building Official may take an appeal to the Board of Building Code Appeals. The Chief Building Official or any municipal officer or official or any public body, or any member of the Board, may request a hearing by the Board on any subject over which the Board has jurisdiction or power, as set forth in this Code, or may request the Board to review or interpret any provision of this Code.
(i) Time, Fee and Notice of Appeals. An appeal from any decision of the Chief Building Official may be taken within thirty days from the date of the decision from which the appeal is taken by paying the required fee and filing with the Chief Building Official and with the Board a notice of appeal, specifying the grounds therefor. The Chief Building Official shall then transmit to the Board papers upon which the action was taken.
(j) Action on Appeals, Hearings and Reviews; Notice. The Board shall hold a public hearing on each appeal and shall give notice to the Chief Building Official and other interested parties, as the Board directs and shall give notice to the public by posting, publication or otherwise as the Board deems appropriate. At the hearing, any party may appear in person or by his agent or attorney.
(k) Chief Building Official to Take Action. If a decision of the Board reverses or modifies a refusal, order or disallowance of the Chief Building Official, or varies the application of any provision of this Code, the Chief Building Official shall take action immediately in accordance with the decision.
(l) Decision. The Board shall in every case reach a decision without unreasonable or unnecessary delay. Every decision of the Board shall be in writing and shall indicate the vote upon a decision. Every decision shall be promptly filed in the office of the Chief Building Official and shall be open to public inspection. A certified copy shall be sent by mail or otherwise to the appellant or other interested party and a copy shall be kept publicly posted in the office of the Chief Building Official for two weeks after filing.
(m) Variances. The Board, after public hearing, may vary the application of any provision of this Code to any particular case when, in its opinion, enforcement thereof would do manifest injustice, would be contrary to the spirit and purpose of this Code or public interest or when in its opinion, the interpretation of the Chief Building Official should be modified or reversed. A decision of the Board to vary the application of any provision of this Code, or to modify an order of the Chief Building Official, shall specify in what manner a variation or modification is made, the conditions upon which it is made and the reasons
therefor.
(Ord. 68-58. Passed 5-4-59.)