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(a) Jurisdiction. The Norwood Board of Building Appeals is hereby established to conduct all adjudication hearings or other appeals for the following buildings and structures:
(1) Single-family, two-family and three-family dwellings which are not constructed of industrialized units, except where the context specifies mandatory applicability of the Ohio Basic Building Code (OBBC).
(2) Existing buildings and structures where their location, parts, equipment and other items do not constitute a serious hazard.
(3) Any other building or structure under the authority of Norwood Building Code (NBC) which is not heard by the Ohio Board of Building Appeals.
(b) Membership. The Norwood Board of Zoning Appeals as created in Zoning Code Section 1117.01 shall act as the Norwood Board of Building Appeals. The Building Commissioner shall appoint one member of the Building Department to act as secretary to the Board.
(c) Absence of Members. During temporary absence of a member, the Mayor may appoint alternate members who may sit on the Board. Such alternates shall meet the same qualifications as required for regular Board members and, while sitting on the Board, shall have the full power and authority of the regular member.
(d) Financial Interest. A member of the Board shall not participate in any hearings or vote on any appeal in which that member has a direct or indirect financial interest or is engaged as a contractor, or is engaged in the preparation of plans and specifications, or in which that member has any personal interest.
(e) Appeals Procedure.
(1) Petition. Any person who is directly affected by any notice which has been issued in connection with the enforcement of any provision of NBC, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Board; provided that such person files, in the office of the Board, a written petition requesting such hearing within thirty days of the date of receipt of a written decision from the Building Commissioner. The appeal shall include proposed alternatives, modifications or substitutions, complete plans of the structure, other pertinent information and payment of fees.
(2) Grounds. The appeal shall be based on one or both of the following grounds:
A. That the interpretation, ruling or order is erroneous or constitutes an erroneous application of the particular provisions of NBC or related laws and ordinances involved, or is otherwise contrary to law.
B. That a modified application or alternative arrangement is available and feasible whereby the strict application of a particular provision or provisions may be modified with alternatives without defeating the public safety, health and general welfare, purpose and intent of the provisions of NBC, as provided for in subsection (g) hereof.
(3) Meetings. The Board shall meet within thirty days after the filing of any appeal or request for action with the Secretary of the Board, and also periodically if the volume of its work so warrants. Three Board members shall constitute a quorum. All hearings shall be public, and any person, either in person or by attorney, whose interests may be directly affected by the matter on appeal, shall be given an opportunity to be heard. The chairman, or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. Minutes shall be kept of all proceedings and official actions, which minutes shall be filed in the office of the Board, and shall be a public record.
(4) Fee for appeal or action. Each petition for an appeal to the Board shall be accompanied by a fee prescribed in Section 1305.05(l), to partially compensate the City for the direct and indirect expenditures, costs and extra work occasioned by the filing and prosecution of the appeal. Such filing fee shall be in addition to the payment of the regular building permit fee and any other fee which thereafter may accrue, and no portion of such filing fee shall be refunded whatever the outcome of the appeal.
(1) In exercising its power, the Board shall affirm, modify or reverse the decision of the Building Commissioner by a concurring vote of three members. Failure to secure three concurring votes shall be deemed a confirmation of the decision of the Building Commissioner. The decision of the Board is final, but a rehearing shall be granted in accordance with the requirements of subsection (f)(3) hereof. The Board shall provide the appellant and the Building Commissioner with written notice of its determination within fifteen days after the hearing.
(2) Records. The Secretary of the Board shall keep a record of each meeting so that the record shows clearly the basis for each decision made by the Board.
(3) Rehearing. The Board shall, upon application of either the appellant or the Building Commissioner, grant rehearing before the Board in any case where new evidence is presented which in the opinion of the chairman may justify such rehearing. Such rehearing shall not serve to stop execution of the previous decision of the Board pending the rehearing except by special action of the Board so directing.
(4) Enforcement. The Building Commissioner shall take immediate action in accordance with the decision of the Board.
(5) Judicial review. Any person aggrieved by a decision of the Board whether or not a previous party to the decision, or any official or official board of the jurisdiction, may present to the court having jurisdiction over the matter, within thirty days after the filing of the Board's decision in the office of the Building Commissioner, a petition, duly verified, stating that the decision is illegal in whole or in part, specifying the grounds for illegality and asking relief therefrom.
(g) Alternate Methods, Materials and Fixtures.
(1) General. The provisions of NBC are not intended to prevent the use of any material, device, methods of assemblage or installation, fixture or appurtenance not specifically authorized, provided such alternate has been approved by the Board in accordance with this section.
(2) Research and investigations. The Board may make or cause to be made investigations of new developments in the building industry; it shall accredit tests meeting the functional requirements of NBC conducted by accredited authoritative agencies when properly presented to the Board; it may accept duly authenticated reports from recognized authoritative sources of all new materials and methods of construction proposed for use which are not specifically provided for in NBC. Whenever in the opinion of the Building Commissioner it shall be necessary to make or cause to be made any test or investigation before approving any application, he shall so notify the applicant therein and the Board, and the latter shall proceed with regard thereto only upon agreement by such applicant to pay the costs of any and all such tests and investigations. The Board shall have power to act upon the results of such research, investigations and tests, and upon such reports, by approving new materials, types of construction, appliances, devices and appurtenances proposed for use under NBC, and shall promulgate rules establishing the conditions for use thereof consistent with the provisions of NBC and with accepted engineering practice. In the absence of approved rules, the regulations, specifications and standard listed in OBBC appendices shall be the accepted engineering practice in respect to the material, equipment, system or method of construction therein specified.
(3) Approval. Approval by the Board shall be based upon acceptable evidence, assembled and submitted by the applicant that such material, device, method of assembly or installation, fixture or appurtenance conforms to the applicable requirements of NBC or where no specific requirements apply, to the intent and purpose of NBC.
(Ord. 15-2010. Passed 4-13-10.)