(A) There is hereby established a Building Code Appeals Board to consist of four members, as follows:
(1) One member shall be the Chief of the town's Fire Department, ex officio.
(2) One member shall be a member of the Town Council designated by its President, who shall serve for so long as he or she remains a member of the Council or until the President designates another Council member to serve in that place.
(3) Two citizen members shall be appointed by the President. As far as practicable, the citizen members shall be selected on the basis of their knowledge and experience in the fields of building construction, architecture, structural engineering or building safety. The members may be residents of the town, except that if the town has a contract with the county, pursuant to IC 36-7-8, providing for the town Department of Building Safety to administer and enforce building construction and safety standards within any of the unincorporated area of the county, one such member may be a resident of the unincorporated jurisdictional area. Citizen members shall be appointed for initial terms to expire December 31, 1985, and thereafter shall be appointed or reappointed for four-year terms.
(B) The Building Code Appeals Board has exclusive jurisdiction to hear appeals and resolve all questions and disputes concerning administrative decisions of the Department of Building Safety, the granting or denial of building permits, the interpretation and application of building regulations within the jurisdiction of the Department of Building Safety. Subject to any further applicable limitations and procedures as required by law or ordinance, the Building Code Appeals Board may also grant or approve absolute or conditional variances from the regulations. The Building Code Appeals Board does not have jurisdiction over matters and regulations under the jurisdiction of the Department of Land Use and Zoning and/or matters under the jurisdiction of the Board of Zoning Appeals pursuant to IC 36-7-4-918.1. Conversely, the Board of Zoning Appeals has no jurisdiction over matters and regulations under the jurisdiction of the Building Code Appeals Board as provided in this section, in the town Building Code or pursuant to IC 22-13-2-11. Procedures applicable to the bringing and handling of appeals to the Board of Zoning Appeals pursuant to IC 36-7-4-900 series and Chapter 10, Article V of the master plan of the town do not apply to appeals before the Building Code Appeals Board. The Building Code Appeals Board, except to the extent otherwise provided by ordinance or statute, shall establish its own rules for meetings, filing of appeals and other related procedures provided these rules shall provide reasonable access and due process to appellants, and all proceedings of the Council shall be governed by IC 5-14-1.5.
('85 Code, § 9-1-6) (Ord. 1985-C2, passed 9-16-85)