27-STAFF SEEKS DIRECTION ON FORMATION OF BUILDING BOARD OF APPEALSCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
5-21-2012
Engineering, Planning
Shawn Napier, P.E. Director of
Council Date:
& Development
Engineering, Planning &
27,
5-31-2012
Development
RECOMMENDED MOTION:
Staff seeks direction on the formation of a Building Board of Appeals.
POLICY ISSUE(S):
Establish of a board
BACKGROUND:
Staff seeks City Council direction on the possible creation of a Building Board of Appeals.
The 2006 International Building Code sets out a process for establishing a Board of Appeals. The
process is attached.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
2006 International Building Code - Section 112 and portions of Appendix B
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
yTD Actual
$
❑ Public Hearing Z Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
0 Administration E City Clerk 0 Eng., Planning & Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Public Works ❑ Utilities
City of Paris - - 127 Revised 2/04/08
SECTION 112
BOARD OF APPEALS
112.1 General.
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. 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.
112.2 Limitations on authority.
An application for appeal shall be based on a claim that the true intent of this code or the rules legally
adopted thereunder have been incorrectly interpreted, the provisions of this code 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 code.
112.3 Qualifications.
The board of appeals shall consist of inembers who are qualified by experience and training to pass on
matters pertaining to building construction and are not employees of the jurisdiction.
APPENDIX B
BOARD OF APPEALS
The provisions contained in this appendix are not mandatory unless specifically referenced in the
adopting ordinance.
SECTION B 101
GENERAL
13101.1 Application.
The application for appeal shall be filed on a form obtained from the building official within 20 days after
the notice was served.
B 101.2 Membership of board.
The board of appeals shall consist of persons appointed by the chief appointing authority as follows:
One for five years; one for four years; one for three years; one for two years; and one for one
year.
2. Thereafter, each new member shall serve for five years or until a successor has been appointed.
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The building official shall be an ex officio member of said board but shall have no vote on any matter
before the board.
B 101.2.1 Alternate members.
The chief appointing authority shall appoint two alternate members who shall be called by the board
chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall
possess the qualifications required for board membership and shall be appointed for five years, or until a
successor has been appointed.
B 101.2.2 Qualifications.
The board of appeals shall consist of five individuals, one from each of the following professions or
disciplines:
1. Registered design professional with architectural experience or a builder or superintendent of
building construction with at least ten years' experience, five of which shall have been in responsible
charge of work.
Registered design professional with structural engineering experience
3. Registered design professional with mechanical and plumbing engineering experience or a
mechanical contractor with at least ten years' experience, five of which shall have been in responsible
charge of work.
4. Registered design professional with electrical engineering experience or an electrical contractor
with at least ten years' experience, five of which shall have been in responsible charge of work.
5. Registered design professional with fire protection engineering experience or a fire protection
contractor with at least ten years' experience, five of which shall have been in responsible charge of work.
B 101.2.3 Rules and procedures.
The board is authorized to establish policies and procedures necessary to carry out its duties.
B 101.2.4 Chairperson.
The board shall annually select one of its members to serve as chairperson.
B] O 1.2.5 Disqualification of inember.
A member shall not hear an appeal in which that member has a personal, professional or financial interest.
B 101.2.6 Secretary.
The chief administrative officer shal) designate a qualified clerk to serve as secretary to the board. The
secretary shall file a detailed record of all proceedings in the office of the chief administrative officer.
B] 01.2.7 Compensation of inembers.
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Compensation of inembers shall be determined by law.
B 101.3 Notice of ineeting.
The board shall meet upon notice from the chairperson, within ] 0 days of the filing of an appeal or at
stated periodic meetings.
B ] 01.3.1 Open hearing.
All hearings before the board shall be open to the public. The appellant, the appellant's representative, the
building official and any person whose interests are affected shall be given an opportunity to be heard.
B 101.3.2 Procedure.
The board shall adopt and make available to the public through the secretary procedures under which a
hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but
shall mandate that only relevant information be received.
B101.33 Postponed hearing.
When five members are not present to hear an appeal, either the appellant or the appellant's representative
shall have the right to request a postponement of the hearing.
B 101.4 Board decision.
The board shall modify or reverse the decision of the building official by a concurring vote of two-thirds
of its members.
B ] 01.4.1 Resolution.
The decision of the board shall be by resolution. Certified copies shall be furnished to the appellant and to
the building official.
B ] 01.4.2 Administration.
The building official shall take immediate action in accordance with the decision of the board.
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