(A) Building Official and Building Code Committee.
(1) Creation. There is hereby established a Building Code Committee under the supervision and control of the Building Official who is appointed by and serves at the discretion of the City Council.
(2) General authority. In addition to any other authority expressly granted in this chapter, the Building Official shall have authority to do or delegate all things necessary or proper, consistent with this chapter and all inspectors, administrative, personnel, accounting, budgetary, and procedural policies of the city, to carry out and to enforce the codes adopted pursuant to this chapter and the acts and decisions of the Building Code Committee. In accordance with any prescribed procedures and with the approval of the City Council, the Building Official may appoint technical officers and inspectors, and other employees, as authorized representatives of the Building Official to assist in the enforcement of the provisions of this chapter.
(3) Entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Building Official, or his or her authorized representative, have reasonable cause to believe that there exists in any building or upon any premises any condition or Building Code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official, or his or her authorized representatives, shall have the rights of entry set forth in § 31.01.
(4) Interpretations. The Building Official shall have the power to render interpretations of the codes adopted by this chapter, and to adopt and enforce rules and regulations supplemental thereto as deemed necessary in order to clarify the application of the provisions, provided that such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. Code interpretations will be rendered through consultation with appointed inspectors, ICC code interpretation consultants, or as outlined in ICC code commentaries.
(5) Stop orders. Whenever any work is being done contrary to the provisions of this chapter, the Building Official, or his or her authorized representatives, may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work.
(6) Cooperation of other officials and officers. The Building Official may request, and shall receive so far as is required in the discharge of duties, the assistance and cooperation of other officials of the city and or contracted inspection personnel.
(7) Written orders. The decisions, orders, and notices of the Building Official, or his or her authorized representative, shall be in writing and a duplicate or copy thereof filed in the City Hall for public inspection. Where immediate action and response is proper, orders may be made orally and later reduced to writing.
(8) Maintenance of records. The Building Services Department shall maintain adequate records of its acts, investigations, decisions, orders, and notices.
(Prior Code, § 6-13-1)
(B) Building Code Committee.
(1) Creation. A Building Code Committee is hereby created, consisting of three members qualified by experience and training to pass on matters pertaining to this division (B). Members shall be appointed by the City Council and shall serve for three year terms; provided, that upon completion of the term of office, members of the Building Code Committee shall continue to serve in their full capacity until their successors have been duly appointed.
(2) General authority.
(a) In addition to specific authority granted in this chapter, the Building Code Committee shall have authority to:
1. Elect officers and establish rules and regulations for conducting its business and for conducting hearings consistent with this chapter, and maintain records of its meetings, acts, investigations, hearings, and decisions;
2. Hear and decide appeals from the acts, decisions, or orders of the Building Official, as provided herein; and
3. Conduct studies and investigations for which necessary funds have been approved by the City Council, and advise the City Council on all building construction regulations and procedures.
(b) All inspection, administrative, personnel, accounting, budgetary, and procedural policies of the city shall govern in all of its operations.
(3) Meetings. Two members shall constitute a quorum. The concurring vote of two members of the Board shall be necessary to pass any motion or render any decision. The attendance of all members shall be entered on the minutes by the secretary. All meetings shall be held in conformance with provisions of the State Open Meetings Law being Title I, Chapter 21. A copy of the minutes of each meeting shall be filed with the City Clerk within ten working days after such meeting.
(4) Appeals. Except where a different procedure is expressly provided in this division (B), any person who is aggrieved by any act, decision, or order of the Building Official, or his or her authorized representatives, may appeal to the Building Code Committee by giving written notice of such appeal to the Building Official within five working days of receipt of decision from which the appeal is taken. The notice of appeal shall contain:
(a) A copy of any written notice, order, or decision;
(b) A brief statement setting forth the legal interest of the appellant in the building or the land involved or the rights of the appellant affected by the notice, order, or decision;
(c) A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;
(d) A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside;
(e) The signature of all parties named as appellants and their official mailing addresses; and
(f) The verification of the appellant as to the truth of the matters stated in the appeal.
(5) Hearing.
(a) 1. Except when the interests of justice require otherwise, the Building Code Committee shall hold a hearing within ten working days after receiving such notice of appeal and render a decision within five working days thereafter. Any interested party, including the Building Official, shall have the right to present evidence and argument.
2. The decision of the Building Code Committee shall be final.
Failure of any person to file an appeal in accordance with this section shall constitute a waiver of such person’s right to an administrative hearing and adjudication of the notice, order, or decision, or any portion thereof. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
(b) The decisions of the Building Code Committee shall be made in writing and supported by substantial evidence in the record presented at the hearing. It may reverse or modify a decision of the Building Official, or his or her appointed representatives, only on finding that:
1. The Building Official, or his or her appointed representatives, incorrectly interpreted or applied a provision of, or acted beyond, the Building Official’s authority under this division (B); or
2. The decision of the Building Official creates undue hardship upon the appellant. If the decision concerns alternate materials or methods of construction, such materials or methods must be satisfactory for the use intended, and at least equivalent to that prescribed by this chapter in suitability, strength, effectiveness, durability, fire protection, and safety.
(Prior Code, § 6-13-2)