Chapter 3.50
BUILDING BOARD OF APPEALS
Sections:
3.50.010 Established – Composition and appointment.
3.50.020 Officers and ex officio member.
3.50.030 Terms of office.
3.50.040 Authority and limitation.
3.50.050 Meetings – Quorum – Procedures – Compensation.
3.50.060 Decision final.
3.50.010 Established – Composition and appointment.
A. Established. A city building board of appeals is established. This board of appeals is established under the authority of the California Building Code Section 105, adopted by the city at PHMC Chapter 14.05. Section 105 provides in part:
In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals consisting of members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction. The building official shall be an ex-officio member of and shall act as secretary to said board but shall have no vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
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The board of appeals shall have no authority relative to the interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.
B. Composition. The building board of appeals shall consist of three members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the city. Those qualified include, but are not limited to, licensed contractors, engineers and architects. A member need not be a resident of the city, but residency or work in the city is preferred.
C. Appointment. The members shall be appointed by a majority vote of the city council on the recommendation of the council’s interview and nominating committee. (Ord. 830 § 1, 2008)
3.50.020 Officers and ex officio member.
The chief building official, or his or her designee, shall serve as secretary to the board, and as an ex officio nonvoting member of the board. (Ord. 830 § 1, 2008)
3.50.030 Terms of office.
A member of the building board of appeals is appointed for a four-year term, or until his or her successor is appointed and qualified, whichever is later. (Ord. 830 § 1, 2008)
3.50.040 Authority and limitation.
The board of appeals has the authority to hear and decide appeals, orders, decisions or determinations made by the building official relative to the application and interpretation of California Building Code, as adopted by the city at PHMC Chapter 14.05.
The board does not have the authority to interpret the administrative provisions of the California Building Code, nor is the board empowered to waive requirements of that code. (Ord. 830 § 1, 2008)
3.50.050 Meetings – Quorum – Procedures – Compensation.
A. Meetings. The board shall meet only as needed, when there has been an appeal of an order, decision or determination of the building official under PHMC Chapter 14.05.
B. Quorum. Two members constitute a quorum.
C. Procedures. The board shall follow the same hearing procedures established by the city’s planning commission. The board shall render its decision in writing to the appellant, with a duplicate copy to the building official.
D. Compensation. All members shall serve without compensation. The board may not employ consultants or incur other expenditures without prior approval of the city manager. (Ord. 830 § 1, 2008)
3.50.060 Decision final.
The decision of the building board of appeals is final and may not be appealed to the city manager or city council. (Ord. 830 § 1, 2008)