(A) Creation and membership.
(1) (a) The Board of Plumbing Appeals is hereby created. The composition of this Board will be as follows:
1. One journeyman plumber;
2. One master plumber;
3. One city employee;
4. One plumbing material supplier; and
5. One citizen without any of the foregoing qualifications.
(b) The city employee member of this Board shall be appointed by the City Manager to serve for an indefinite term at the pleasure of the City Manager. The remaining four members of this Board shall be appointed by the Mayor with the advice and consent of the City Council. Each of said remaining four members will serve a term of two years.
(2) The Plumbing Inspector of the Division of Building Inspections in the Department of Public Works shall serve as the Secretary of this Board but shall not be a member thereof.
(B) Powers and duties.
(1) Application for appeal. The owner of a building or structure or any other person, hereinafter referred to as appellant, may appeal in writing on a form provided by the Chief Inspector to the Board of Appeals the decision of the Plumbing Official refusing to grant a modification of the provisions of this code covering the manner of construction or materials to be used in the erection, alteration, or repair of the plumbing system. Application for appeal may be made when it is claimed that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction can be used.
(2) Appeals procedure. Appeals shall be heard at public hearings as prescribed as follows.
(a) Notice of meetings. The Board shall meet upon notice of the Chairperson within 14 days of the filing of an appeal, or at stated periodic meetings if warranted by the volume of work.
(b) Public hearing. All hearings shall be public and the appellant, his or her representative, the official of the jurisdiction, and any other person whose interests may be affected by the matter on appeal shall be given an opportunity to be heard.
(3) Decision of the Board of Plumbing Appeals. Appeals shall be acted upon by the Board of Appeals and the plumbing official as follows.
(a) Action of Board. The Board shall affirm, modify, or reverse the decision of the Plumbing Official by a concurring vote of three members.
(b) Resolutions of Board. Every action of the Board shall be by resolution and certified copies shall be furnished to the appellant and to the Plumbing Official.
(c) Determining vote. Failure to secure three concurring votes shall be deemed a confirmation of the decision of the Plumbing Official.
(d) Enforcement of decision. The Plumbing Official shall take immediate action in accordance with the decision of the Board.
(4) Court review. The appellant, or any officer or official board of the city, may apply to the appropriate court to correct errors of law in such decisions. Application for review shall be made to the proper court of jurisdiction within 15 days after the filing of the Board’s decision in the office of the Plumbing Official.
(Prior Code, § 12.16) (Ord. D-1161, passed 7-14-1975, effective 7-24-1975; Ord. D-1392, passed 7-12-1982, effective 7-22-1982)
Cross-reference:
Plumbing Board of Appeals, see § 150.07