§ 18-12. Building and fire codes board of appeals.

(a)

Purpose; general powers and duties.

(1)

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 chapter, and of orders, decisions or determinations made by the fire director relative to the application and interpretation of the fire code, there shall be and is hereby created the building and fire codes board of appeals, referred to in this section as "the board."

(2)

The board shall adopt reasonable rules and regulations for its conduct as it may deem necessary.

(3)

The board may recommend to the building official and the fire director such new legislation as is consistent with the board's decisions.

(b)

Procedure for appeal of decisions relating to building code.

(1)

Except in emergencies, any decision of the building official in the enforcement of this chapter may be appealed to the board by any person aggrieved by any decision of the building official. Such appeal must be taken within 30 days from the date of the order or other ruling appealed by filing with the building official a written notice of appeal setting forth the grounds therefor. Before the board is called, the appellant shall pay a fee required by section 18-20 of this chapter, payable to the city treasurer. The building official shall then transmit to the board all papers constituting the record upon which action appealed from is taken.

(2)

Except in cases designated as emergencies, an appeal to the board stays all enforcement of the determination from which the appeal is being taken.

(c)

Procedure for appeal of decisions relating to fire code. Except in emergencies, any decision of the fire director in the enforcement of the fire code may be appealed to the board by any person aggrieved in accordance with the provisions of articles II and V of chapter 26 of the Code of Ordinances.

(d)

Membership; appointment of members.

(1)

Membership.

a.

The board shall consist of 12 members and 12 alternates. Each member and alternate shall be qualified by experience and training to pass upon matters pertaining to building construction. Members and alternates shall not be employees of the city.

b.

Two members and two alternates shall be professional engineers registered by the state, one member and one alternate shall be architects registered by the state, one member and one alternate shall be building contractors, one member and one alternate shall be homebuilders, one member and one alternate shall be representatives of labor, one member and one alternate shall be licensed mechanical contractors, one member and one alternate shall be licensed electrical contractors, one member and one alternate shall be licensed plumbing contractors, one member and one alternate shall be licensed heating and ventilating contractors, one member and one alternate shall be licensed fire protection contractors, and one member and one alternate shall have permits to operate protective signaling systems.

c.

The building official, or his representative, shall serve as secretary to the board. The city counselor or his representative shall attend all meetings held by the board. The fire director or his representative shall attend at least all meetings which are pertinent to the enforcement of the fire code.

(2)

Appointment of members. Members and their alternates shall be appointed by the mayor and shall serve for a term of four years; however, all members shall continue in office until their respective successors shall have been appointed. The mayor may remove members and alternates for just cause upon written notice.

(e)

Powers and duties with respect to building code.

(1)

The board shall have the power to approve the use of alternate materials, equipment and types of construction whenever in any specific case the board shall find and determine that the application of a general rule or regulation governing such use will, by reason of exceptional circumstances or conditions, constitute a practical hardship; and to hear and render decisions on all appeals from the decisions of the building official. The board shall further be empowered to interpret the intent of this chapter in specific cases and to authorize responsible, minimum modification from the literal provisions of this chapter where it is determined that such modification is, for the purpose intended, at least the equivalent of that prescribed in this chapter with respect to strength, fire resistance or safety. All rulings and actions of the board shall be consistent with the spirit and intent of this chapter.

(2)

The board shall have no authority relative to interpretation of the administrative provisions of this chapter, nor shall the board be empowered to waive requirements of this chapter.

(f)

Powers and duties with respect to fire code. The board shall have the powers and duties as set forth in articles II and V of chapter 26 of the Code of Ordinances, for the purpose of determining questions of fact as to the acceptability and adequacy of alternate materials, equipment, methods of preventing fires and promoting fire safety, and for providing for the review of the decisions of the fire director in the interpretation of the fire code of the city.

(g)

Meetings. The board shall fix a reasonable time for the public hearing of appeals, as well as for due notice to the parties in interest, and decide the matter within a reasonable time. Upon the hearing before the board, any party may appear in person or by agent or by attorney. The proceedings of the board shall be recorded by a court reporter. A transcript may be obtained from the court reporter at the cost of the requesting party.

(h)

Conflict of interest. Members of the board shall conduct themselves in accordance with the Code of Ordinances, section 2-1015.

(i)

Decisions. All decisions of the board shall be by a majority vote of the attending members or their alternates, provided that a quorum is present. The attendance of five members or their alternates shall be considered a quorum. All decisions of the board shall be in writing and shall be filed with the director of records, with a copy to the appellant, the building official and the fire director.

(Ord. No. 040477, § 1, 8-12-04; Ord. No. 071193, § 1, 1-3-08; Ord. No. 120375, § 1, 5-24-12)