Chapter 15.50
BUILDING STANDARDS ADVISORY AND APPEALS BOARD
Sections:
15.50.020 Limitations on authority.
15.50.100 Conflict of interest.
15.50.120 Appeals to the City Council.
15.50.010 General.
In order to hear and decide appeals of orders, decisions or determinations made by the Building and Fire Code Officials (Fire Chief), and act as an advisory board for both the Building Division and Fire Department relative to the application and interpretation of these chapters, there shall be and is hereby created a Building Standards Advisory and Appeals Board, also known as the “Board.” (Ord. 661 § 2, 2009; Ord. 646 § 4, 2007).
15.50.020 Limitations on authority.
An application for appeal shall be based on a claim that the true intent of this title or the rules legally adopted thereunder have been incorrectly interpreted, the provision of this title do not fully apply or an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of this title. (Ord. 661 § 2, 2009; Ord. 646 § 4, 2007).
15.50.030 Membership.
The membership of the Board shall consist of five voting members having the qualifications established by this chapter. Members shall be appointed by the Mayor and confirmed by the City Council. Removal of a member may occur by a majority vote of the City Council. (Ord. 745 § 2 (Exh. A), 2020).
15.50.040 Qualifications.
The Board shall consist of members who are qualified by experience and training to discuss and rule on matters pertaining to building construction, and who are not employees of the jurisdiction. Experience in residential or commercial construction projects, the building trades, building inspection or disabled access is preferred. (Ord. 745 § 2 (Exh. A), 2020).
15.50.050 Terms of office.
Members shall be appointed for terms of three years. When a member is appointed to fill an open position due to the voluntary withdrawal or removal of a member, the appointed member’s term shall coincide with the term of the departing member. (Ord. 745 § 2 (Exh. A), 2020).
15.50.060 Quorum.
Three members of the Board shall constitute a quorum. (Ord. 745 § 2 (Exh. A), 2020).
15.50.070 Secretary of Board.
The Fire Code Official and/or Building Official, or appointed designee, shall act as secretary of the Board and shall keep a detailed record of all its proceedings. (Ord. 661 § 2, 2009; Ord. 646 § 4, 2007).
15.50.080 Meetings.
The Board shall meet from time to time as needed or as determined by the Fire Code Official and/or Building Official. Upon the receipt of a notice of appeal, the Board shall meet within 10 days of receipt of such appeal. (Ord. 661 § 2, 2009; Ord. 646 § 4, 2007).
15.50.090 Meeting procedures.
The Board shall adopt rules of procedure for conducting its business. (Ord. 661 § 2, 2009; Ord. 646 § 4, 2007).
15.50.100 Conflict of interest.
Members with a material or financial interest in a matter before the Board shall declare so and refrain from participating. (Ord. 661 § 2, 2009; Ord. 646 § 4, 2007).
15.50.110 Decisions.
Within five days of hearing an appeal, the Board shall issue a written decision and file such decision with the City Clerk’s office and the Fire Code Official and/or the Building Official. A copy of the Board’s decision shall be sent by certified mail to the appellant. A copy of the decision shall be posted in the office of the Fire Code Official and/or Building Official. (Ord. 661 § 2, 2009; Ord. 646 § 4, 2007).
15.50.120 Appeals to the City Council.
Appeals of any Board decision shall be governed by Chapter 1.20 CMC. (Ord. 661 § 2, 2009; Ord. 646 § 4, 2007).