(A) Membership; alternates.
(1) The building codes appeals board is established and shall consist of seven members and three alternates. The board shall consist of one architect, one engineer, one contractor and one member each from the building, electrical, gas and plumbing industry. Two alternates shall be selected from the building industry at large and one alternate shall be selected from the general public. All members and alternates shall be residents of the county and shall be appointed by the County Council to serve without compensation. Of the members first appointed, two shall be appointed for two-year terms; two shall be appointed for three-year terms; and three shall be appointed for four-year terms. Of the alternates first appointed, one shall be appointed for a two-year term; one shall be appointed for a three-year term; and one shall be appointed for a four-year term. Vacancies in the membership of the board and in board alternates shall be filled for the unexpired term in the manner in which the original appointment was required to be made.
(2) Alternate members of the board may attend all meetings of the board, but shall be permitted to vote only in the absence of a member of the board. Alternates shall be entitled to vote on matters coming before the board on a rotating basis.
(3) No member or alternate member shall be appointed to serve more than two full consecutive terms. Previous service for a full term as a member or alternate shall be counted in determining a member's service on the board for purposes of the limitations established by this section, but partial terms of service as a member or alternate member shall not be considered for purposes of the limitation contained in this section. No member or alternate member shall be reappointed to the board after serving two consecutive terms as a member of the board until a minimum of one year has elapsed since the last service of the member or alternate member upon the board.
(B) Quorum. Four members of the board shall constitute a quorum. In varying the application of any provision of this chapter or in modifying an order of the Building Official, affirmative votes of the majority present, but not less than three affirmative votes, shall be required. No board member shall act in a case in which the member has a personal interest.
(C) Secretary, records. An official from the Planning and Development Services Department, designated by the Building Official or Planning and Development Services Director, shall act as secretary of the Appeals Board and shall make a detailed record of all its proceedings, which shall set forth the reasons for its decisions, the vote of each member participating therein, the absence of a member and any failure of a member to vote.
(D) Procedures. The board shall establish rules and regulations for its own procedures not inconsistent with the provisions of this chapter. The board shall meet at regular intervals, to be determined by the chairperson, or in any event, the board shall meet within 15 days after notice of appeal is received from the department.
(E) Decisions of the appeals board. The appeals board, when so appealed to and after a duly advertised hearing, may vary the application of any provision of this chapter to any particular case when, in its opinion, the enforcement thereof would not do manifest injustice and would not be contrary to the spirit and purpose of this chapter or the public interest, or when, in its opinion, the interpretation of the Building Official should be modified or reversed. A decision of the appeals board to vary the application of any provision of this chapter or to modify an order of the building official shall specify in what manner the variation or modification is made, the conditions upon which it is made and the reasons therefor. Every decision of the appeals board shall be final, subject, however, to such remedy as any aggrieved party may have at law or in equity. It shall be in writing and shall indicate the vote upon the decision. Every decision shall be promptly filed in the office of the building and codes division and shall be open to public inspection; a certified copy shall be sent by mail or otherwise to the appellant. The appeals board shall, in every case, reach a decision, without unreasonable or unnecessary delay. If a decision of the appeals board reverses or modifies a refusal, order or disallowance of the department or varies the application of any provision of this chapter, the department shall immediately take action in accordance with the decision.
(Ord. 822, passed 2-7-22)