(a) Appointment. There is established in the City a board to be called the Residential Building Code Board of Appeals hereinafter referred to as “the Board”, consisting of five members who shall be appointed by the City Manager.
The Building Official shall be an ex officio member of the Board but shall have no vote on any matter before the Board.
(b) Term of Office. The City Manager shall appoint one member of the Board for a term of one (1) year, two members for a term of two (2) years, and two members for a term of three (3) years. Upon expiration of the term of office of a member of the Board, 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 City Manager, render any such member liable to immediate removal from office.
(c) Qualifications. The Board shall consist of five individuals, one from each of the following professions or disciplines:
(1) Registered design professional with architectural experience or a builder or superintendent of building construction with at least ten years’ experience, five of which shall have been in responsible charge of work.
(2) Registered design professional with structural engineering experience.
(3) Registered design professional with mechanical and plumbing engineering experience or a mechanical contractor with at least ten years’ experience, five of which shall have been in responsible charge of work.
(4) Registered design professional with electrical engineering experience or an electrical contractor with at least ten years’ experience, five of which shall have been in responsible charge of work.
(5) Registered design professional with fire protection engineering experience or a fire protection contractor with at least ten years’ experience, five of which shall have been in responsible charge of work.
(d) Alternate Members. The City Manager shall appoint five alternate members who shall be called by the Board chairperson to hear appeals during the absence or disqualification of a member. No more than two alternate members shall be called to serve at the same time. Alternate members shall possess the qualifications required for Board membership and shall be appointed for three (3) years, or until a successor has been appointed.
(e) Rules and Regulations. The Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this Building Code. The Board members shall annually, by majority vote, select one of its members to serve as chairperson.
(f) Quorum. Four members of the Board qualified to vote shall constitute a quorum. A concurring vote of two-thirds of its members shall be required to vary the application of any provisions of this Building Code or to reverse or modify an order of the Building Official. No member of the Board shall hear an appeal in which that member has a personal, professional or financial interest.
(g) Meetings. Meetings of the Board shall be held at the call of the chairman within ten days of the filing of an appeal and at such other times as the Board may determine. All hearings before the Board shall be open to the public.
(h) Secretary. The Building Official shall designate a qualified clerk to serve as secretary to the Board. The secretary shall file a detailed record of all proceedings in the office of the Department of Engineering. The secretary shall keep minutes of the proceedings of the Board, 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. Such minutes and records shall be public records.
(i) Procedure. The Board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
(j) Reports. The Board shall submit a report to the City Manager and the City Commission not less than once a year covering the meetings and a summary of the decisions of the Board, during the preceding period.
(Ord. 17-033. Passed 2-27-17.)