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The Board of Adjustments and Appeals was created and established to review appeals of the building official's interpretations of the following codes: International Building Code, International Residential Code, International Plumbing Code, International Mechanical Code, International Fuel Gas Code, International Fire Code, International Property Maintenance Code, and the National Electrical Code.
The Board of Adjustments and Appeals shall consist of five members comprised of two architects, two engineers from different areas of specialization, and a general contractor. The initial terms of office for board members shall be as follows: architect, Place No. 1 for a term of three years; architect, Place No. 2 for a term of one year; engineer, Place No. 1 for a term of two years; engineer, Place No. 2 for a term of one year; and a general contractor for a term of two years. After the expiration of the first term of staggered appointments, board members shall be appointed to a term of four years. Vacancies shall be filled for an unexpired term by the governing body. Continued absence of any member from regular meetings of the board shall, at the discretion of the governing body, render any such member subject to immediate removal from office.
When Appeals May Be Requested
Whenever the building official shall reject or refuse to approve the mode or manner of construction proposed to be followed, or materials to be used in the erection or alteration of a building or structure, or when it is claimed that the provisions of the codes in its jurisdiction do not apply, or that an equally good or more desirable form of construction can be employed in any specific case, or when it is claimed that the true intent and meaning of the codes or of any of the regulations thereunder have been misconstrued or wrongly interpreted, the owner of such building or structure, or his duly authorized agent, may appeal from the decision of the building official to the Board of Adjustments and Appeals. Notice of appeal shall be in writing and filed within 90 days after the decision is rendered by the building official. A fee of $10.00 shall accompany such notice of appeal.
In case of a building or structure which in the opinion of the building official is unsafe or dangerous, the building official may, in his order, limit the time for such appeal to a shorter period. Appeals hereunder shall be on forms provided by the building official.
Rules of Procedures and Meetings
The Board of Adjustments and Appeals shall establish rules and regulations for its own procedure not inconsistent with the provisions of this article. The board shall meet at regular intervals to be determined by the chairman or, in any event, the board shall meet within ten days after notice of appeal has been received by the secretary of the board.
Every decision of the Board of Adjustments and Appeals shall be final, subject, however, to such remedy as any aggrieved party might have at law. Every decision shall be in writing and shall indicate the vote upon the decision. Every decision shall be promptly filed in the office of the building official and shall be open to public inspection; a certified copy shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing.
The board shall, in every case, reach a decision without unreasonable or unnecessary delay.
If a decision of the board reverses or modifies a refusal, order or disallowance of the building official, or varies the application of any provision of the codes in its jurisdiction, the building official shall immediately take action in accordance with such decision.