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In order to determine the suitability of alternate materials or alternate types or methods of construction and of installation of building service equipment under the provisions of the Building Safety Administrative Code, building, electrical, fire, light pollution, mechanical, plumbing, solar system and spa/pool codes of the city, and to provide for reasonable interpretations of the provisions of such codes and the address numbering and dangerous buildings codes, there shall be, and there is hereby created a board of appeals consisting of seven (7) members who shall be selected upon the following qualifications:
(1) An architect duly licensed in the State of Arizona;
(2) A professional engineer duly licensed in the State of Arizona;
(3) A general contractor duly licensed in the State of Arizona;
(4) A person representing the consuming public;
(5) A person engaged in the electrical, mechanical or plumbing trade;
(6) Two (2) persons who may be engaged in the construction and design industry.
The board of appeals members shall be appointed by the mayor and council, shall serve without compensation, and shall hold office and be subject to removal therefrom as provided in article XIII of chapter 10A of the Tucson Code. The board of appeals shall recommend an individual to serve as the representative of the consuming public.
(Code 1953, ch. 9, § 1; Ord. No. 2354, § 1, 10-15-62; Ord. No. 4543, § 1, 9-27-76; Ord. No. 4764, § 1, 2-21-78; Ord. No. 6159, § 1, 1-21-85; Ord. No. 7176, § 1, 4-24-89)
Cross References: Provisions pertaining to boards, ch. XXIV.
The board of appeals shall adopt reasonable rules and regulations for conducting its hearings and investigations; provided, such rules and regulations shall not be effective unless three (3) copies of same are filed with the city clerk, and provided further, that same are not inconsistent with the codes and ordinances of the city. The board shall render all decisions and findings in writing to the secretary of the board, with a duplicate copy to the inspector concerned, and with a duplicate copy to the applicant or appellant.
(1953 Code, ch. 9, § 1; Ord. No. 2354, § 1, 10-15-62)
Cross References: Filing of rules and regulations generally, 1 10A-136.
Decisions of the board shall be made by a majority vote of the members present at any meeting; provided that a quorum shall consist of a majority of the board members appointed at the time of that meeting.
(1953 Code, ch. 9, § 3; Ord. No. 2354, § 1, 10-15-62; Ord. No. 4903, § 1, 11-13-78; Ord. No. 7791, § 2, 4-13-92)
(A) Purposes.
(1) The purpose of this section is to give flexibility to the building codes and to encourage innovation in the building industry.
(2) This section establishes a procedure for approving changes in building practices where such changes are found to promote the health, safety and welfare of the people of Tucson.
(B) Definition of "Concept". When used in this section, "concept" means any alternate material or alternate type of construction which is not presently allowed by the building, fire, electrical, plumbing and gas, or mechanical codes of the city.
(C) Who May Apply. Any person or organization may propose a concept for approval.
(D) Application; Initiation and Requirements.
(1) Applications shall be filed at the offices of the inspection division of the City of Tucson.
(2) Each application shall include the following elements:
(a) A title for the proposed concept.
(b) A brief description of the proposed concept.
(c) A graphic representation of the proposed concept.
(d) A specific identification of the code provisions which would prevent application will specify in what manner the proposed concept provides for equivalent protection in the public interest.
(e) The application shall specify the public purposes which will be served by approval of the proposed concept.
(f) The application shall include a complete listing of any structures to which the proposed concept is to be applied, including a description of the proposed locations and the extent to which each such structure is to be affected.
(3) In addition, the application shall include any relevant descriptive, scientific or engineering literature dealing with the proposed concept or any other evidence which would assist the decision-making body in evaluating the application.
(E) Procedure; Board of Appeals.
(1) The board of appeals shall hold a public hearing on the proposed concept within sixty-five (65) calendar days after the date of application.
(2) Comment and evaluation.
(a) The inspection division shall send copies of the proposed concept to the planning department, the fire department, the chairperson of the architectural approval board and the chairperson of the fire and building code committee at least twenty-one (21) calendar days prior to the public hearing.
(b) The inspection division shall keep a copy of the proposed concept available for public inspection during the twenty-one (21) calendar days prior to the public hearing.
(c) Concerned persons or agencies may submit written comments before the public hearing or appear at the public hearing to express comment on the proposed concept. If a city agency plans to oppose a proposed concept, it shall submit a written statement summarizing its objections to the inspection division at least four (4) working days before the public hearing.
(d) The chief inspector shall submit a written recommendation on each proposed concept to the board of appeals at least four (4) working days before the public hearing.
(3) The board of appeals may take the following actions on an application:
(a) Approve the application as submitted.
(b) Approve the application subject to modifications.
(c) Deny the application with written findings which explain why the public interest requires denial.
(d) Postpone decision until additional studies or consultations are completed.
1. The board shall include a status report on the proposed concept at each regular meeting until it makes a decision.
2. The cost of additional studies may be assessed against the applicant. The board must inform an applicant as to the nature and extent of further studies and allow the applicant to withdraw his proposal if he decides the cost or delay would be prohibitive.
3. If the board determines that a proposed concept could be of major significance in reducing energy or construction costs, then the board may recommend to the mayor and council that the city contribute to additional studies.
(e) Certify a proposed concept for mayor and council review. This action shall be taken when the board determines that the proposed concept involves a question of policy properly left to elected representatives of the people. When the board refers a proposed concept to the mayor and council, it shall recommend approval or denial and explain its recommendation.
(4) Approval by the board of appeals shall become effective in thirty (30) days unless there is a mayor and council review.
(F) Procedure; Mayor and Council Review.
(1) The purpose of the mayor and council review is to provide oversight and policy guidance to the process of approving building innovations.
(2) The mayor and council will review proposed concepts when one (1) of the following events occurs:
(a) The board of appeals certifies an application for mayor and council review and transmits it records and recommendation to the office of the city clerk.
(b) The chief inspector, with the concurrence of the city manager, requests a mayor and council review and submits such request in written form to the office of the city clerk within fourteen (14) calendar days after the decision by the board of appeals.
(c) Three (3) members of the city council request a mayor and council review and submit such request in written form to the office of the city clerk within fourteen (14) calendar days after the decision by the board of appeals.
(3) The city clerk shall forward all requests for mayor and council review to the agenda committee of the city council, which shall schedule a mayor and council review within a reasonable period of time.
(4) The mayor and council review will not include a public hearing unless a majority of the mayor and council votes to have a public hearing.
(5) Approval by the mayor and council will be effective immediately to authorize use of the approved concept.
(G) Procedure; Court Review.
(1) Any person aggrieved by a decision of the city on a proposed concept shall file a special action within thirty (30) days after the decision becomes final. Board of appeals' decisions are final after thirty (30) days, and mayor and council decisions are final immediately.
(2) The court shall base its review on the actions taken by the city rather than hold a de novo hearing.
(H) Criteria for Decision. Decisions on applications under this section shall be guided by a balanced, overall consideration of the following criteria:
(1) The effect of the proposed concept on energy efficiency.
(2) The effect of the proposed concept on the cost of construction, lifetime costs of building operation, and overall quality and durability of structures.
(3) Whether the concept proposed is equivalent to the requirements of the building, fire, electrical, plumbing and gas, and mechanical codes, in quality, strength, effectiveness, fire resistance, durability and safety.
(4) The extent to which the above-mentioned code requirements are genuinely effective in securing quality, strength, effectiveness, fire resistance, durability and safety in structures.
(I) Procedure After a Concept Has Been Approved.
(1) Any person planning to use an approved concept shall notify the inspection department in writing before construction begins. Such notification shall include a complete listing of structures in which he plans to apply the concept, the location of such structures, and the extent to which each structure is to be affected.
(2) The building inspector will determine if the proposed use is consistent with the concept as approved by the board of appeals. The building inspector's approval will be sufficient authorization to proceed with the proposed use.
(3) In case a building inspector denies approval, the applicant can appeal a denial to be board of appeals by using the standard procedure for building code appeals.
(4) The chief inspector, a majority of the board of appeals, or three (3) members of the city council can resubmit an approved concept to the board of appeals if problems develop in its application. If approval of a concept is withdrawn, there will be no retroactive effect on projects already under construction unless there is a clear danger to the public health, safety and welfare.
(J) Record Keeping.
(1) The inspection division will keep a file of all approved concepts indexed in an appropriate manner and open to the public during regular office hours.
(2) The file for each approved concept will include the written submittals itemizing any later use of that concept. (See subsection (I)(1))
(K) Fire and Building Code Committee. The fire and building code committee shall review the file of approved concepts as part of regularly scheduled code revisions. Those innovations which the committee determines to have broad applicability shall be recommended to the mayor and council for adoption and integration into the appropriate codes.
(Code 1953, ch. 9, § 3; Ord. No. 2354, § 1, 10-15-62; Ord. No. 4403, § 1, 10-13-75; Ord. No. 4543, § 3, 9-27-76)
The secretary of the board of appeals shall be appointed to such duties by the chief inspector of the inspection department of the city, and he shall keep the minutes and records of the board; but the secretary shall have no voting power.
(Code 1953, ch. 9, § 4; Ord. No. 2354, § 1, 10-15-62)
Sec. 6-17(1). An appeal to the board of appeals may be taken by any person aggrieved by any decision, act or ruling of the city building, electrical, plumbing and gas, and mechanical inspectors involving the interpretation of the building, electrical, plumbing and gas and mechanical codes or ordinances of this city, or by any decision, act, or ruling of the director of water involving the interpretation of any section of chapter 27 of the Tucson Code. Such appeal shall be made by filing with the secretary of the board, within ten (10) days of the date of the decision complained of, a notice of appeal specifying the grounds thereof. The secretary of the board shall immediately transmit a copy of such notice of appeal to the inspector or director of water whose action, ruling or decision is challenged. Upon receipt of such notice, the inspector or director of water shall forthwith transmit to the secretary of the board all papers which shall constitute the record upon which the action appealed from is taken. (Ord. No. 5718, § 3, 2-28-83; Ord. No. 8196, § 1, 1-24-94)
Sec. 6-17(2). The board shall hold a regular monthly meeting on the third Wednesday of each calendar month when there is pending business. The board shall hear appeals at its regular monthly meeting unless a special meeting is requested by the appellant at the time the notice of appeal is filed with the board's secretary. In such cases a special meeting shall then be held within five (5) days, exclusive of Saturdays, Sundays and holidays, after the notice of appeal is filed. (Ord. No. 4403, § 2, 10-13-75)
Sec. 6-17(3). All other matters, including the consideration of alternate materials and alternate types of construction normally shall be heard at the regular monthly meeting. However, a special meeting for any purpose may be called by the board chairman when he deems such meeting to be reasonably necessary or proper.
Sec. 6-17(4). The notice of appeal must be filed with the secretary of the board not later than the first day of the month, prior to the regularly scheduled monthly meeting for the matter appealed to be regularly heard at the meeting. In cases involving the use of alternate materials or alternate types of construction where tests are necessary, the time for hearing may be enlarged to permit the making of such tests. Reasonable notice shall be given by the secretary of the board to the appellant or applicant and to the inspector concerned of the time and place when any appeal shall be considered by the board. Any party may attend such hearings in person or by agent or attorney. The board shall decide any appeal immediately after the hearing, or within a reasonable time thereafter, but in no event shall the board keep an appeal under consideration for more than five (5) days after the hearing. After such notice and hearing, the decision of the board shall be filed with the secretary of the board. The board shall render its decision and findings in writing, with a copy to the inspector involved, and with a copy to the appellant or applicant; and the decision of the board shall be final.
(Code 1953, ch. 9, § 5; Ord. No. 2354, § 1, 10-15-62)
Whenever reference is made to the board of examiners and appeals in any of the ordinances or codes of the city, such reference shall mean the board of appeals created in this article.
(Code 1953, ch. 9, § 6; Ord. No. 2354, § 1, 10-15-62)
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