A. Appointment: There is hereby established the Building Code Board of Appeals consisting of three (3) members who are qualified by experience and training to pass upon matters pertaining to building construction and who shall be appointed by the Village President with advice and consent of the President and Board of Trustees. The Village President shall designate one of the members to serve as chairman. At least one (1) member shall be a member of the Plan Commission.
B. Term of Office: The appointment of members, other than the Plan Commission member whose term will be coincidental with his term of office on the Plan Commission, shall be as follows: One member of the Building Code Board of Appeals shall be for a term of one (1) year, one member for a term of two (2) years. Upon expiration of the term of office of a member of the Board other than the Plan Commission member, his successor shall be appointed for a term of three (3) years. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from regular meetings of the Board shall, at the discretion of the appointing authority of the Municipality, render any such member liable to immediate removal from office by such appointing authority.
C. Quorum: Two (2) members of the Board shall constitute a quorum. In modifying the application of any provision of this Building Code or in modifying an order of the Building Administrator, affirmative votes of two (2) members shall be required. No member of the Board shall pass upon any question in which he, or any corporation in which he is a shareholder, is interested.
D. Meetings and Records: Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. 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 action. Such minutes and such records shall be public records.
E. Procedure: The Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this Building Code.
F. Appeals:
1. Appeals from decisions of the Building Administrator regarding regulations of this Building Code, may be made to the Board pursuant to the regulations set forth herein.
a. The Board may by majority vote, reverse, affirm, or modify any order, requirements or decision of the Building Administrator pertaining to the interpretation of this Article.
b. Appeals to the Board shall be made by written application. The application shall clearly and concisely state the reason for the appeal. Appropriate drawings, material samples and technical bulletins shall be submitted, with the application
2. Appeals may be made to the Board requesting permission to use construction materials that do not conform to the specification sections of this Chapter. The Board of Appeals may permit modifications from specified material provided that the proposed materials meet or exceed structural design criteria required by ordinance.
a. The Commission may permit modifications from specified material provided that the proposed materials meet or exceed structural design criteria required by ordinance.
b. Materials previously reviewed and approved for use by the Board may be used without additional review.
c. Materials complying with or exceeding the recognized standards of previously approved materials, may also be used without additional review.
3. Appeals may be made to the Board requesting a modification to permit the construction of a building that does not strictly comply with a provision, or provisions of this Article.
a. The Board may permit modifications from specified provisions provided that the basic intent of the Building Code provisions are being met and provided further that the applicant enter into an agreement, satisfactory to the Village Attorney, agreeing to make any required Building Code compliance adjustments, when directed to do so by the Board upon the recommendation of the Building Administrator, that conditions have changed to such an extent that strict compliance with provisions of this Building Code is now necessary.
b. Any person, firm, corporation or representative, who shall file an application for an appeal to the Board for a modification shall pay a fee in accordance with those fees approved from time to time by resolution by the President and Board of Trustees in order to defray the approximate cost of such review procedures.
G. Modifications by the Board of Appeals:
1. The Board of Appeals, when so appealed to and after a public hearing, may modify the application of any provision of this Building Code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this Building Code or public interest, or when, in its opinion, the interpretation of the Building Administrator should be modified or reversed.
H. Decision of the Board of Appeals:
1. The Board of Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Every decision of the Board of Appeals shall be in writing and shall indicate the vote upon the decision. Every decision shall be promptly filed in the office of the Building Administrator and shall be open to public inspection. A certified copy shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the Building Administrator for two (2) weeks after filing.
2. A decision of the Board of Appeals to modify the application of any provision of this Building Code or to modify an order of the Building Administrator shall specify in what manner such modification is made, the conditions upon which it is made, and the reasons therefor.
a. If a decision of the Building Code Board of Appeals reverses or modifies a refusal, order or disallowance of the Building Administrator or varies the application of any provision of this Chapter, the Building Administrator shall take action immediately in accordance with such decision.
b. Duration of Approvals. No Building Code Board of Appeals approval granted on an appeal, shall be valid for a period longer than two (2) years from the date of such approval unless within such period a Building Permit is obtained and all fees are paid. However, prior approvals by the Building Code Board of Appeals or President and Board of Trustees shall not prevent the Building Administrator from referring such projects back to the Building Code Board of Appeals.
I. Appeals from Decisions of the Board of Appeals: A person aggrieved by a decision of said Board, whether previously a party to the proceeding or not, or an officer or board, may, within fifteen (15) days after the filing decision in the office of the Building Administrator, apply to the appropriate court to correct errors of law, if any, in such decisions.
(Ord. 500, passed 6-3-2003; Am. Ord. 639, passed 11-17-2009)