A. Board Established: The board of county commissioners establishes itself as the board of appeals. The purpose, conduct, and function of this board shall be as described in section 113 of the 2009 international building code. This board will not act upon matters pertaining to electrical, plumbing, and mechanical questions or any other matters reserved to the state, as provided by Idaho Code title 39, chapter 41.
B. Hearings Before Board: Hearings before this board of appeals shall be public and shall be conducted in a quasi-judicial manner operating within the same time limits imposed upon the state board of appeals as per Idaho Code sections 39-4107(3) and 39-4120, and employing the rules of evidence. Attorneys may represent petitioners, but are not required. All proceedings shall be recorded and said recordings shall be kept and made permanent.
C. Conflict Of Interest: If a member of the board should find that acting on a particular hearing before said board would result in a conflict of interest, such member must absent him/herself from said hearings. Said member must abstain from making any comments or statements or doing any other thing that would in any manner influence the other members of the board.
D. Findings: Findings by the board shall be explicit and shall state the ruling and the reasons for said decision by delineating the findings of fact and conclusions of law. Signed copies of the findings should be sent to all parties to the action. The board shall render all decisions and findings in writing to the appropriate enforcement official and agency, the appellant, and the state director of labor and industrial services within ten (10) working days of the close of the hearing. (Ord. 11-2, 4-11-2011)
E. Appeals From Board Decisions:
1. Appeals from the local board of appeals herein established shall be filed within ten (10) days after mailing of notice of a decision by the local appeals board. The appeal will be filed and heard as empowered by Idaho Code section 39-4120 (state board of appeals). Appeals shall be brought before the said state board of appeals by persons affected by any code, rule, regulation or decision pursuant to Idaho Code sections 39-4101 through 39-4129, provided such appeals shall be heard only after the appellant has received a decision from the local appeals board, if any, as provided for in Idaho Code section 39-4120. Final decisions by the state board of appeals, other than code interpretations, are reviewable upon appeal to the district court in the county wherein the person praying for the appeal is a resident, or in Valley County and shall be heard de novo, as provided by state law. (Ord. 11-2, 4-11-2011; amd. 2011 Code)
2. Appeals of board decisions shall be in such form and manner as provided by the Idaho rules of civil procedure. (Ord. 11-2, 4-11-2011)