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24.10.080 Building Code Board of Appeal.

(Replaced by Ordinance No. 187432, effective December 4, 2015.)

A.  Appointment of Building Code Board of Appeal.  In order to hear appeals of final decisions of the Building Official made under Section 24.10.075, there has been created a Building Code Board of Appeal, consisting of three members and three alternates appointed by the Mayor and approved by the City Council.

1.  Each member and alternate member must be qualified by experience and training to make decisions pertaining to the Building Code and building construction.  At least one member and one alternate member must be competent builders who have engaged in the construction business in the City for at least 2 years immediately preceding their appointments, and at least one member and one alternate member shall be competent architects who have practiced their profession for at least 3 years. 

2.  Building Code Board of Appeal appointments shall be for 3-year terms.  Appeal Board members may serve no more than two complete 3-year terms, unless the Director recommends approval of a longer term, and the Mayor and City Council approve the extended appointment.  Vacancies occurring prior to the end of a term for whatever cause may be filled by qualified persons through appointment by the Mayor for the remainder of the term.

3.  Any member may be removed by the Mayor for incompetence, dereliction of duty, incapacity or other sufficient cause.

4.  Members of the Building Code Appeal Board shall comply with the State ethics laws applicable to public officials.

5.  Members of the Building Code Appeal Board shall serve in a voluntary capacity and without pay.

B.  Appeals to the Building Code Appeal Board.  The Building Code Board of Appeal may review Administrative Appeal Board decisions or any other final decision of the Building Official or Director related to the application and interpretation of this Title or the Building Code.  The Building Code appeal will be limited to the facts and record reviewed by the Administrative Appeal Board, Building Official or Director related to the decision being appealed.  A hearing will be held within 45 days after an interested party submits a written appeal to the Building Code Board of Appeal.  A panel of three Building Code Appeal Board members will hear each appeal.  The Board may, by a majority vote, affirm, annul, or modify the decision.

C.  Powers and Limitations of Authority of the Building Code Appeal Board.  The Building Code Board of Appeal may provide reasonable interpretations of the requirements of the Building Code and may grant an appeal if the Board finds one of the following:

1.  the Building Official or Director did not correctly apply or interpret this Title or the Building Code;

2.  special individual reasons make application of the strict letter of the Building Code impractical, the modification is in compliance with the intent and purpose of the Building Code, and such modification does not lessen health, accessibility, life and fire safety or structural requirements of the structure; or

3.  any alternative material, design or method of construction and equipment complies with the intent of the Building Code and the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the Building Code in quality, strength, effectiveness, fire resistance, durability, accessibility and safety.  The Building Code Board of Appeal may not waive the requirements of the Building Code.

Any person aggrieved by a final decision of the Building Code Board of Appeal may, within 30 days after the date of the decision, appeal to the appropriate advisory board of the State of Oregon Department of Consumer and Business Services.