§ 5-11. Board of appeals.

(a)

BOCA board of appeals established. There is hereby established a BOCA board of appeals for the city for the purpose of hearing and determining appeals under the various BOCA codes which are, or may be adopted, from time to time, by said city.

(b)

Scope of board. Applicants for a building permit, the holder of a building permit, or the owner and/or agent of a building or structure wherein permit work is to be installed may appeal from a decision of the building inspector refusing to grant modifications of the provisions of the building code, plumbing code, mechanical code, electrical code and the property maintenance code covering the manner of installation, or materials to be used in the installation, to the BOCA board of appeals for the city. Application for appeal will be received by the building inspector when it is claimed that:

(1)

The intent of the codes or the rules adopted thereunder have been incorrectly interpreted.

(2)

The provisions of the codes do not fully apply.

(3)

An equally good or better form of installation can be used.

Said applications for appeal shall be submitted in writing, within ten days of such refusal by the building inspector.

(c)

Membership of board. The BOCA board of appeals shall consist of seven members appointed by the mayor with city council approval. Two members shall be appointed for four-year terms, two members shall be appointed for three-year terms, two members shall be appointed for two-year terms, one member shall be appointed for a one-year term, and, thereafter, each member shall serve a term of four years, or until his successor has been appointed. All appointments shall be subject to the provisions stated in sections 2-228 and 2-230 governing city advisory committees. Any member shall be eligible to succeed himself/herself with a maximum of two consecutive terms.

(d)

Qualifications of a board member. One member of the board shall be a qualified electrician with five or more years experience; one member shall be a qualified plumber with five or more years of experience; one member shall be a building contractor with five or more years of experience; one member shall be a qualified mechanical contractor with five or more years of experience; two members shall be laymen and one member shall be a fire representative recommended by the city's fire board.

(e)

Chairman of the board. The board shall select one of its members to serve as chairman and the building inspector shall keep a record of all proceedings on file in the office of the building inspector.

(f)

Notice of meeting. The board shall meet upon notice of the chairman within ten days of the filing of an appeal. The chairman shall designate time and place of the meeting.

(g)

Public hearing. All hearings on appeal shall be public and the appellant, his representative, the building inspector, and any other person whose interests may be affected by the matter on appeal, shall be given an opportunity to be heard.

(h)

Action of the board. The board shall conduct a hearing only when five or more members are present. The board shall affirm, modify or reverse the decision of the building inspector. Failure to secure four concurring votes to revise or modify a decision of the Building Inspector shall be deemed a confirmation of the decision of the building inspector.

(i)

Enforcement of decision. The building inspector shall take immediate action in accordance with the decision of the board.

(Ord. No. 2551, § 1, 5-17-82; Ord. No. 2999, § 4, 4-1-91)