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(A) There is hereby established a Residential Advisory Board for the purpose of advising the building official in matters pertaining to the development and enforcement of the One and Two Family residential construction codes. Duties of the Residential Advisory Board shall be as set forth as prescribed in this section. The Board shall consist of nine members to be appointed by the Mayor and City Council. The Fire Chief, or designee, shall be non-voting member. The Director of Community Development or designee shall be a non-voting member and shall serve as secretary to said Board.
(1) Members shall serve a term of five years, except that three of the initial members shall be designated upon appointments to serve a first term of two years, three shall be designated to serve a first term of four years, and three shall be appointed to regular terms of five years. Beginning July 1, 2011, all terms will expire on December 31 of the term expiration year.
(2) Upon receiving notice of a vacancy on the Board, the Board shall solicit input for replacement members, for a period of 30 days, from professional, trade, industry, associations and groups to serve on the Board. The Board will provide the list of nominees to the Mayor and City Council for their consideration and appointment.
(3) Members shall serve without compensation; however, the Council may allow such expenditures as are necessary for the performance of their duties.
(4) Appointed members shall meet these qualifications:
(a) All must meet the requirements of Article IX of the Charter of the City of Yuma;
(b) At least four shall be licensed Arizona General Contractors;
(c) At least one shall be a licensed Arizona Plumbing Contractor;
(d) At least one shall be a licensed Arizona Electrical Contractor;
(e) At least one shall be a licensed Arizona Mechanical Contractor;
(f) At least one shall be an Arizona registered engineer or architect;
(g) At least one member shall be a citizen at large who shall be indirectly associated with the construction industry, such as an insurance agent, realtor, or appraiser.
(h) Should no professionals be available for appointment that meet the criteria listed herein, the City Council may select a person whose background approximates the knowledge and expertise being sought.
(5) Any member whose term expires shall be eligible for reappointrnent to another five-year term.
(6) Members of the Board may be removed by the Council for inefficiency, neglect of duty or malfeasance in office, after a public hearing. A member missing three consecutively scheduled meetings without just cause shall be grounds for replacement by the City Council.
(7) lf a vacancy on the Board occurs other than by an expiration of term, it shall be filled by appointment for the unexpired term. Such appointment shall be made by the Council.
(8) The Board, each January, shall elect a chairman and vice chairman from among the appointive members. The Board shall adopt such rules and regulations as it sees fit for the proper and efficient discharge of their official duties. The Board, may, in such rules and regulations, delegate certain responsibilities tasks to be performed by a sub-board or sub-boards of the Residential Advisory and Appeals Board.
(9) Five members of the Residential Advisory Board shall constitute a quorum for transacting business.
(10) A majority vote of those Residential Advisory Board members present and voting shall be required to take official action including, but not limited to, the adopting of policy, deciding of appeals, or submitting recommendations. No member shall be excused from voting except on matters involving the consideration of his own official conduct. In all other cases a failure to vote shall be entered in the minutes as an affirmative vote.
(B) Duties of the Residential Advisory Board. The Board shall be responsible for:
(1) Recommending to Council desirable residential construction code standards, and amendments thereto;
(2) Soliciting or receiving input from members of the design and construction industry, and the general public, concerning residential construction code issues, concerns, or trends, and providing appropriate direction to the Director of Community Development, as required;
(3) Recommending residential construction code-related education and training programs, activities, or events for members of the design and construction industry, and providing appropriate direction to the Director of Community Development for the purposes of implementation;
(4) Serve as an appeals board for the purpose of hearing and deciding appeals of orders decisions, or determinations made by the Community Development Department staff relative to the application and interpretation of the residential construction codes.
(C) Sec. 107. That Section 107 be amended tor read as follows:
Right of Appeal: That the section heading "Right of Appeal" be amended to read "Residential Advisory Board." Whenever reference is made to the Board of Appeals it shall be construed to mean the Residential Advisory Board as defined herein.
(D) Sec. 107.1. That Section 107.1 be amended to read as follows:
Appeals Procedure. The Residential Advisory Board shall also serve as the board of appeals in deciding appeals of orders, decisions, or determinations made by the Community Development Department staff relative to the application and interpretation of the One and Two Family Dwelling residential construction codes. Any person may appeal the interpretation of the residential construction codes in accordance with the following:
(1) The appeal shall be in writing to the Director of Community Development upon such forms as provided by the Director. The appeal shall set forth the code section in dispute and an explanation of the reasons upon which the person filing the appeal believes the Community Development Department staff has incorrectly interpreted the code.
(2) The Director shall promptly review the appeal and prepare a written report and recommendation, which shall be provided to the Appeals Board.
(3) The Director shall, at least 48 hours prior to the meeting, notify each member of the Board.
(4) The Appeals Board, upon receipt of the appeal from the Director, shall conduct a hearing to review the appeal and the staff report. The Board shall receive testimony concerning the appeal from city staff, the person filing the appeal, and from the public.
(5) Following the hearing, the Appeals Board shall vote to reverse or affirm, wholly or partly, or modify the order, requirement or decision of the Community Development Department staff, and make such order, requirement or determination as necessary, with or without conditions or alterations.
(6) The Residential Advisory Board's decision shall be deemed final unless overturned by a court of competent jurisdiction.
(E) Sec. 107.2. That Section 107.2 be amended to read as follows:
Limitations of Authority: The Residential Advisory Board shall have no authority relative to the interpretation of the adopted administrative provisions of the One and Two Family Dwelling Residential Code nor shall the board be empowered to waive requirements of this code.
(Ord. O2000-68, passed 9-20-00; Ord. O2004-35, passed 6-16-04; Ord. O2010-66, passed 1-5-11)