Chapter 2-68
JOINT BOARD OF BUILDING CODE AND FIRE PREVENTION APPEALS
Sections:
2-68-020 Appointment, term and removal of members.
2-68-030 Qualifications of members.
2-68-040 Officers—Bylaws—Meetings.
2-68-070 Enforcement of decision.
2-68-010 Joint board created.
The joint board of building code and fire prevention appeals is created. (Ord. 2410 § 1 (part), 1985)
2-68-020 Appointment, term and removal of members.
The joint board of building code and fire prevention appeals shall consist of five members appointed by the mayor with advice and consent of the city council to serve respectively for the following terms: One for one year, one for two years, one for three years, one for four years, one for five years. The successor of each member shall be appointed to serve for a term of five years. Any member of the board may be removed by the city council after public hearing. Vacancies shall be filled for the unexpired term of the member whose place has become vacant. (Ord. 2410 § 1 (part), 1985)
2-68-030 Qualifications of members.
Three members of the board shall have at least five years experience, by virtue of business ownership or supervisory experience, in a building trades profession. The term “building trades” as used herein shall include, but is not limited to, piping, masonry, carpentry, heating and air conditioning or general contractor experience.
A. One member of the board shall be a licensed engineer or architect with at least five years experience in that profession.
B. One member of the board shall be a licensed real estate broker with at least five years experience in that profession and with that licensed certification. (Ord. 2410 § 1 (part), 1985)
2-68-040 Officers—Bylaws—Meetings.
A. Chairman of Board. The chairman shall be selected by the board and shall serve in that capacity for a period of one year and may succeed himself to office.
B. Secretary of Board. The building commissioner shall designate a clerk from the department to serve as secretary to the board. He shall keep a detailed record of all proceedings on file in the department.
C. Bylaws. The board may adopt such bylaws as it from time to time may determine necessary in order to conduct the business coming before the board.
D. Meetings. The board shall meet upon notice of the chairman within ten days of the filing of appeal or at stated periodic times if warranted by the volume of work. If there are not four qualified members present to consider a specific appeal, either the appellant, the building official and/or the fire officer or their representatives may request a postponement of the hearing. (Ord. 2410 § 1 (part), 1985)
2-68-050 Duties and powers.
A. The board shall hear all appeals of decisions of the building official and/or the fire official. The owner of a building or a structure, or any other person may appeal from a decision of the building official and/or the fire official and/or their designees with respect to their interpretation or their application of the following provisions of the Harvey Municipal Code, as now existing or hereafter amended:
1. Title 15, Chapter 15-04 (BOCA National Building Code);
2. Title 8, Chapter 8-12 (BOCA National Fire Prevention Code);
3. Title 15, Chapter 15-04 (National Electric Code);
4. Title 15, Chapter 15-04 (BOCA National Mechanical Code);
5. Title 15, Chapter 15-04 (BOCA National Plumbing Code).
B. Application for Appeal. An application for appeal may be made when it is claimed that: the true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply or an equally good or better form of construction or method of protection can be used. The application for appeal shall be filed in writing with the building official or the fire official, as the case may be, from whose decision the appeal is taken. The application for appeal shall be filed within seven business days of the date of the decision appealed from. Upon receipt of the application for appeal, the building official or fire official shall immediately transmit to the board all documentation upon which the action appealed from was based.
C. Public Hearings. All hearings shall be public; and the appellant, his representative, the building official, and/or the fire official and any other person whose interests may be affected by the matter on appeal, shall be given an opportunity to be heard.
D. Action of the Board. The board shall affirm, modify, or reverse the decision of the building commissioner and/or the fire marshal by a concurring vote of three members, provided, however, that the board’s decision must contain findings of fact that:
1. The true intent of the code as may be the subject of appeal and rules legally adopted thereunder have or have not been correctly interpreted by the enforcement official;
2. The provisions of the code do or do not fully apply;
3. An equally good or better form of construction or method of protection can or cannot be used to meet the performance standards required by the code. In making a finding that an equally good or better form of construction or method of protection can be used, the board’s decision shall in every respect act to preserve and protect the public safety and shall comply with the spirit and intent of the codes. Any allowance of the use of new materials or processes shall be fully substantiated by engineering or other studies performed by independent testing firms with expertise in that field.
E. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the building official or fire official, as the case may be, from whom the appeal is taken, certifies to the board, after the notice of the appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such event, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application and on notice to the building official or fire official, as the case may be, from whom the appeal is taken and on due cause shown.
F. Resolutions of Board. Every action of the board shall be by resolution, and certified copies shall be furnished to the appellant and to the building official and/or the fire official.
G. Exemption of Members. A member of the board shall not pass on any question in which he is engaged as contractor or material dealer, or in the preparation of plans or specifications, or in which he has any personal interest.
H. The board shall also hear and decide all disputes arising under homesteading agreements executed by the city pursuant to the Federal Urban Homesteading Program, as identified in 24 CFR Part 590. All decision by the board with respect to disputes arising under homesteading agreements shall be final and not subject to appeal. (Ord. 2410 § 1 (part), 1985)
2-68-060 Compensation.
All members of the joint board of building code and fire prevention appeals shall serve with a compensation of ten dollars ($10.00) per meeting, with a maximum of two meetings per month, for their services as members of the board. (Ord. 2410 § 1 (part), 1985)
2-68-070 Enforcement of decision.
The building official and/or the fire official shall take immediate action in accordance with the decision of the board. (Ord. 2410 § 1 (part), 1985)
2-68-080 Court review.
Except as provided in Section 2-68-050(H), any person aggrieved by a decision of the joint board of building code and fire prevention appeals, or any officer or official board of jurisdiction, may apply to the appropriate court for a writ of certiorari. Application for review shall be made to the proper court of jurisdiction within thirty-five (35) days after the filing of the joint board of building code and fire prevention appeals decision in the office of the building official and/or the fire official. (Ord. 2410 § 1 (part), 1985)