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26.03.070 Electrical Code Board of Appeal.

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

A.  Appointment of Electrical Code Board of Appeal.  In order to hear appeals of final decisions of the Building Official made under Section 26.03.060, there has been created an Electrical 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 Electrical Code.  One member and one alternate member shall be Oregon licensed journeymen electricians whose experience and training provide expertise on matters contained in the Electrical Code and this Title.  One member and one alternate member shall be Oregon registered electrical engineers with substantial experience in electrical design and construction subject to the requirements of the Electrical Code and this Title.  One member and one alternate member shall be electrical contractors experienced in electrical design and construction subject to requirements of the Electrical Code and this Title.

2.   Electrical 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 Electrical Code Board of Appeal shall comply with the State ethics laws applicable to public officials.

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

B.   Appeals to the Electrical Code Board of Appeal.  The Electrical 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 Electrical Code.  The Electrical 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 Electrical Code Appeal Board.  A panel of three Electrical Code Board of Appeal 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 Electrical Code Board of Appeal.  The Electrical Code Board of Appeal may provide reasonable interpretations of the requirements of the Electrical 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 Electrical Code;

2.  grant requests for modifications to the strict application of the Electrical Code where it is assured that the modification provides equivalent safety; or

3.  approve an alternative method if the Electrical Code Board of Appeal finds that any such alternative complies with the intent of the Electrical Code and that the method offered is, for the purpose intended, at least the equivalent of that prescribed in the Electrical Code in safety.  The Electrical Code Board of Appeal may not waive the requirements of the Electrical Code.

Any person aggrieved by a final decision of the Electrical 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.