Chapter 8-12 BUILDING OFFICIAL

CHAPTER 12.
BUILDING OFFICIAL

Sections:

8-12.01 Designated

8-12.02 Powers and Duties

8-12.03 Building Permits: Issuance

8-12.04 Minor Variations: Authority: Criteria

8-12.05 Determinations: Appeals

8-12.01 Designated.

The Chief Building Inspector is hereby designated as the Building Official of the City.

(Sec. 1, Ord. 78-010; Sec. 9, Ord. 88-10, eff. Sept. 15, 1988; Sec. 2, Ord. 91-08, eff. Sept. 17, 1991; Sec. 2, Ord. 96-002, eff. April 2, 1996; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-9.01)

8-12.02 Powers and Duties.

The Building Official, as defined in Section 403 of the Uniform Building Code, 1976 Edition, shall be responsible for the enforcement of the provisions of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, Uniform Electrical Code, Uniform Housing Code and all other municipal Codes relating to construction, and shall have charge of the issuing of building permits as set forth in the Uniform Building Code, and shall see that no permit is issued unless it conforms with all State laws and all the laws of the City applicable thereto.

The Building Official shall be responsible for the enforcement of all the laws of the City regulating the construction of buildings and shall be in direct charge of all personnel administering and enforcing the provisions of all the Construction Codes of the City.

(Sec. 2, Ord. 78-010; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-9.02)

8-12.03 Building Permits: Issuance.

No building permit in conflict with any of the provisions of this Code shall be issued. Any building permit issued which purports to authorize the doing of any act prohibited by or in conflict with any provision of this Code shall be void.

(Sec. 3, Ord. 78-010; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-9.03)

8-12.04 Minor Variations: Authority: Criteria.

The Building Official may make minor variations to the laws relating to occupancy requirements and to Code procedures if he finds that:

(a) The strict application of the Code provisions would result in practical difficulties and unnecessary hardships inconsistent with the general purposes and intent of the Code;

(b) There are exceptional circumstances or conditions applicable to the building or structure involved or to the intended occupancy or development of the property that do not apply generally to other property in the same area or neighborhood in which the building is located;

(c) The granting of the variation will not be materially detrimental to the public welfare or improvements in such area or neighborhood in which the building is located; and

(d) The granting of the variation will not be in conflict with the objectives of the Building Code.

In granting any variations to any Code provision, the Building Official shall make his findings in writing and include such findings as a part of the permit file.

(Sec. 4, Ord. 78-010; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-9.04)

8-12.05 Determinations: Appeals.

Any person who is aggrieved by any determination of the Building Official may file an appeal with the City Manager, which appeal shall be in writing stating the statute appealed from, including any determination thereof. The Building Official shall receive such appeal and shall transmit the appeal to the City Manager together with all records and supporting documents.

The City Manager shall set the matter for a hearing upon at least ten (10) calendar days notice to the applicant and Building Official. The City Manager shall be abound by the same required findings as are set forth for the Building Official in Section 8-9.04 of this chapter. A copy of the decision of the City Manager shall be mailed to the applicant, and a copy shall be filed with the Building official. The decision of the City Manager shall be final unless an appeal is taken to the Board of Appeals within fifteen (15) calendar days after the City Manager’s decision.

Any person who is aggrieved by any determination of the City Manager may file an appeal with the Board of Appeals, which appeal shall be in writing stating the statute appealed from, including any determination thereof. The Building Official shall receive such appeal and shall transmit the appeal to the Board of Appeals, together with all records and supporting documents.

The Board of Appeals shall set the matter for a hearing upon such notice as may be required by the rules of the Board of Appeals. The Board of Appeals shall be bound by the same required findings as are set forth for the Building Official in Section 8-9.04 of this chapter. A copy of the decision of the Board of Appeals shall be mailed to the applicant, and a copy shall be filed with the Building Official. The decision of the Board of Appeals shall be final, unless an appeal is taken to the City Council as provided in Chapter 4 of Title 1 of this Code.