Loading...
17-APPROVE ORD AMENDING SECTION 7-20 ARTICLE II CHAPTER 7 AND REPEALING SECTION 7-21 OF CODE OF ODINANCESCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 07-31-2012 Engineering, Planning Shawn Napier, P.E. Director of Council Date: & Development Engineering, Planning & 17. 08-13-2012 Development RECOMMENDED MOTION: Move to approve an Ordinance amending Section 7-20 Article II, Chapter 7 and repealing Section 7-21 of the Code of Ordinances POLICY ISSUE(S): Establish a board BACKGROUND: This Board is being established in response to meetings the Mayor and other council members have had with contractors, builders and tradesmen. The establishment of this Board offers an opportunity to submit an application to appeal orders, decisions ar determinations made by the building official or fire code official. The City Council currently serves as the Building Board of Appeals. The 2006 International Building Code sets out a process for establishing a Building Board of Appeals. Section 112 of the Building Code is attached; this section states the general purpose, limitations of authority and the qualifications for the board members. Four of the proposed board members will include an electrician, plumber, mechanical contractor and general contractor. The fifth will be an engineer, architect or design professional. The two alternates shall qualify for one of the previously listed positions. A revised Section 7-20 of the Code of Ordinances is included that follows the process allowed by the building code. Section 7-21 will be deleted. Staff is proposing a$50.00 application fee. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Ordinance ACTION: BUDGET INFO: _ F~ Financial Report ❑ Minute Order Expense $ F~ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation Z Ordinance yTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: City of Paris 119 Revised 2/04/08 Draft ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDEDING SEC. 7-20 ARTICLE II, CHAPTER 7, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS BY ESTABLISHING A BUILDING BOARD OF APPEALS AND PROVIDING FOR THE REPEAL OF SECTION 7-21 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS, AND DECLARING THE SAME TO BE NULL AND VOID AND OF NO EFFECT; MAKING OTHER FINDINGS AND PROVISION5 RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 2006 International Building Code sets out a process for establishing a Building Board of Appeals. Section 112 of the Building Code is attached hereto as Exhibit "A". This section states the general purpose, limitations of authority and the qualifications for the board members. Four of the proposed board members will include an electrician, plumber, mechanical contractor and general contractor. The fifth board member will be an engineer, architect or design professional. The two alternate members shall qualify for one of the previously listed positions; and, WHEREAS, in response to feedback the Mayor and other council members have received from contractors, builders and tradesmen, staff has brought forth this ordinance to establish a Building Board of Appeals creating an appeal process for contractors, builders, tradesmen or other persons to appeal orders, decisions or determinations made by the Building Official or Fire Code Official to a Building Board of Appeals; and, WHEREAS, Chapter 7, Article II, Section 7-20 of the Code of Ordinances of the City of Paris, Texas, should be amended to read as provided below; and, WHEREAS, Chapter 7, Article II, Section 7-21 of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby, repealed and declared null and void and of no effect. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: SecNon 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the 2006 International Building Code sets out a process for establishing a Building Board of Appeals. Section 112 of the Building Code is attached hereto as 1 120 Exhibit "A". This section states the general purpose, limitations of authority and the qualifications for the members of the Building Board of Appeals. Four of the proposed board members will include an electrician, plumber, mechanical contractor and general contractor. The fifth board member will be an engineer, architect or design professional. The two alternate members shall qualify for one of the previously listed positions. Section 3. That Section 7-20 of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby, amended to read in its entirety as follows: "Sec. 7-20. Building Board of Appeals. (a) Created; composition. There is hereby created a board to be known as the building board of appeals. The board shall be composed of five (5) regular voting members who are appointed by the city council and that are qualified through their individual experience to pass upon matters pertaining to building- and fire code-related issues. The city council shall also appoint two (2) alternate members to serve in the absence of a regular member. The appointed members shall be residents of, or own or operate businesses located within, the City of Paris and shall not be employees of the city. The building official and fire code official shall be ex-officio, non-voting members of the board. (b) Scope and authority of the board. The building board of appeals shall hear and decide appeals of orders, decisions or determinations made by the building official or fire code official relating to the application and interpretation of the technical provisions of the building, existing building, electrical, plumbing, mechanical, fuel gas, and fire codes for both residential and commercial construction as adopted by the City of Paris. The board shall not have the authority to waive or modify any of the code provisions as listed or adopted. (c) Appeal procedures. An appeal to the building board of appeals shall be filed within thirty (30) calendar days after the decision of the building official or fire code official is mailed or delivered to the appellant, provided that if the 30th day falls on a Saturday, Sunday or city holiday, the time for filing the appeal shall be extended to the next business day. An application for appeal shall be filed in writing at the office of the building official and shall be based on a claim that the true intent of a code, law or rule legally adopted thereunder has been incorrectly interpreted, the provisions of the code, law or rule do not fully apply, or an equally good or better form of construction is proposed. The application for appeal shall state how the building official's or fire code official's order, decision or determination should be modified or reversed. The building board of appeals shall hear the appeal and render a decision within 30 days from receipt of a completed application, which shall be final with respect to the matter presented in the appeal. Such decision shall be filed with the city clerk and a copy shall be mailed or delivered to the appellant. z 1.?1 (d) Board member qualifications. The regular five (5) member board shall be as follows: (1) One (1) member shall be a State of Texas Licensed Master Electrician with at least five (5) years of experience in the electrical trade. (2) One (1) member shall be a State of Texas Licensed Master Plumber with at least five (5) years of experience in the plumbing trade. (3) One (1) member shall be an engineer, architect or design professional in the City of Paris with five (5) years' experience. (4) One (1) member shall be a general contractor in the City of Paris with at least five (5) years of experience as a general contractor. (5) One (1) member shall be a State of Texas Licensed Mechanical Contractor with at least five (5) years of experience in the mechanical trade. (6) The alternate members shall qualify for one (1) or more of the positions above, but only serve temporarily in the absence of any regular member. (e) Terms of inember appointment. The board members are appointed by the city council for three-year terms and until their successors are appointed and qualified. They shall serve without compensation. The city council shall appoint the membership of the building board of appeals on or prior to the effective date of this ordinance. Of the initial members appointed to the board, two (2) regular members and one (1) alternate member shall be appointed for three (3) years terms, two (2) regular members shall be appointed for two (2) year terms and one (1) regular member and one (1) alternate member shall be appointed to a one (1) year term. (f) Vacancies. Vacancies shall be filled by the city council for unexpired terms. Newly appointed members shall be installed at the first regular board meeting after their appointment. (g) Meetings. Board meetings shall be held at the call of the chairman, the building official or fire code official, or at such other times as the board may determine. All meetings are open to the public. The board shall keep minutes of its meetings and all records are open to the public. The board shall establish such rules and regulations as it deems appropriate and appoint a chairman from among its members. (h) Quorum. Three (3) members shall constitute a quorum. A concurring vote of three (3) members of the board shall be necessary to render a decision in favor of the applicant. 3 - 122 (i) Training and competency. As a condition of inembership on the board, the members shall participate in such training and education as may be required by law or ordinance. From time to time, the building official or fire code official shall provide additional training and education opportunities for the members of the board in order to maintain and improve their knowledge and competence in matters pertaining to the adopted codes. Section 4. That Section 7-21 of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby, repealed and declared null and void and of no effect. Section 5. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 6. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 7. That it is hereby declared to be the intention of the City Council of the City of Paris that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, and such remaining provisions shall remain in full force and effect. Section 8. That this ordinance shall become effective from and after its passage on the first reading and publication as required by law. PASSED AND ADOPTED this 13th day of August, 2012. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 123 SECTION 112 BOARD OF APPEALS 1111 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 B101 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 far two years; and one for one year. Thereafter, each new member shall serve for five years or until a successor has been appointed. 124 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. 2. 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 101.2.5 Disqualification of inember. A member shall not hear an appeal in which that inember has a personal, professional or financial interest. B 101.2.6 Secretary. The chief administrative officer shall 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 101.2.7 Compensation of inembers. 125 Compensation of inembers shall be detennined by law. B101.3 Notice of ineeting. The board shall meet upon notice from the chairperson, within 10 days of the filing of an appeal or at stated periodic meetings. B 101.3.1 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. B 101.3.3 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 101.4.1 Resolution. The decision of the board shall be by resolution. Certified copies shall be furnished to the appellant and to the building official. B 101.4.2 Administration. The building official shall take immediate action in accordance with the decision of the board. 126