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(A) There is hereby established a Building Advisory Board (hereinafter referred to as "the Board") for the purpose of advising the building official in matters pertaining to the development and enforcement of the commercial building, plumbing, fuel gas, electrical, mechanical, energy efficiency, and property maintenance codes.
(B) Composition of the Board. The Board shall consist of nine members to be appointed by the City Council. The Fire Chief, or designee, shall be a non-voting member. The Director of Community Development, or designee, shall be a non-voting member and shall serve as secretary to the Board.
(1) Board members shall serve a term of five years.
(2) Board members shall serve without compensation; however, the City Council may allow such expenditures as are necessary for the performance of the Board's duties.
(3) Appointed Board members shall meet the following qualifications:
(a) All must meet the requirements of Article IX of the Charter of the City of Yuma;
(b) At least three 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 two 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 in this division (B)(3), the City Council may select a person whose background approximates the knowledge and expertise being sought.
(4) Any Board member whose term expires shall be eligible for reappointment to another five-year term.
(5) Members of the Board may be removed by the City 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.
(6) If 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 City Council.
(7) Each January the Board shall elect a chairman and vice chairman from among the appointive members. The Board shall adopt 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 Building Advisory Board.
(8) Five members of the Board shall constitute a quorum for transacting business.
(9) A majority vote of the 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 Board 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.
(C) Duties of the Building Advisory Board. The Board shall be responsible for:
(1) Recommending to City Council desirable building, plumbing, fuel gas, electrical, mechanical, energy efficiency, and property maintenance code standards for commercial buildings and structures, and amendments thereto. For purposes of this section, the term COMMERCIAL BUILDINGS AND STRUCTURES means all buildings or structures except those used exclusively for one- or two- family dwellings.
(2) Soliciting or receiving input from members of the design and construction industry, and the general public, concerning commercial construction code issues, concerns, or trends, and providing appropriate direction to the Director of Community Development or designee, as required.
(3) Recommending commercial construction code-related education and training programs, activities, or events for members of the design and construction industry and the public, and providing appropriate direction to the Director of Community Development or designee, for the purposes of implementation of same.
(4) Serving as an appeals board for the purpose of hearing and deciding appeals of orders, decisions, or determinations made by the Community Development Department, Building Safety Division staff relative to the application and implementation of the commercial construction codes.
(D) Limitations of authority. The Board shall have no authority relative to the implementation of the adopted administrative provisions of the commercial construction codes, nor shall the Board be empowered to waive requirements of these codes.
(E) Appeals procedure. The Building Advisory Board shall serve as the board of appeals in deciding appeals of orders, decisions, or determinations made by the Community Development Department, Building Safety Division staff relative to the application and implementation of the commercial construction codes. Any person may appeal the interpretation of the commercial construction codes in accordance with the following:
(1) The appeal shall be in writing to the Director of Community Development or designee, upon such forms as provided by the Director of Community Development or designee. The appellant shall set forth the code section in dispute and explain the reasons upon which the appellant believes the Community Development Department, Building Safety Division staff has incorrectly interpreted the code.
(2) The Director of Community Development or designee shall promptly review the appeal and prepare a written report and recommendation, which shall be provided to the board of appeals.
(3) The Board, upon receipt of the appeal from the Director of Community Development or designee, shall conduct a hearing to review the appeal and the staff report at the Board's convenience, but not later than 20 days after the receipt of the appeal and staff report. The Director of Community Development or designee shall, at least 48 hours prior to the hearing, notify each member of the Board, and the appellant, of the date, time and place of hearing.
(4) At the hearing, the Board shall receive testimony concerning the appeal from City staff, the appellant, and from the public. The appellant shall appear in person before the Board or may be represented by legal counsel and may introduce evidence to support his or her claim. The appellant shall conduct, at his or her own expense, any tests or research required by the Board to substantiate his or claim.
(5) Following the hearing, the Board shall vote to reverse or affirm, in whole or in part, or modify the order, requirement or decision of the Community Development Department, Building Safety Division staff, and make such order, requirement or determination as necessary, with or without conditions or alterations. The Board shall keep an accurate record of all its official transactions and render all such decisions and findings in writing to the appellant and to other person or persons the Director of Community Development or designee may require and direct.
(6) The decision of the Board shall be deemed final unless overturned by a court of competent jurisdiction.
(Ord. O2015-033, passed 7-1-15)