A. Created: In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the International Building Code and applicable Utah state law, as adopted by section 9-1-1 of this chapter, there shall be and is hereby created a board of appeals.
B. Application: The application for appeal shall be filed on a form obtained from the building official within twenty (20) days after notice of the decision or determination from which an appeal is sought is given to the applicant.
C. Membership Of Board; Appointment; Vacancies; Compensation: The board of appeals shall consist of five (5) members, each to be appointed by the mayor with consent of the city council for a term of three (3) years; provided, that the terms of the members of the first board so appointed shall be such that the term of one member shall expire in the first year, and the terms of two (2) members shall expire in each of the next two (2) years. Vacancies occurring other than through the expiration of terms shall be filled by appointment by the city council for the remaining balance of term for the vacant seat. Members may be removed after public hearing by a majority vote of the city council. Members shall be selected without respect to political affiliations and shall serve without compensation, except for reasonable expenses.
D. Alternate Members: The mayor with consent of the city council may appoint one alternate member for each of the required professions or disciplines, listed in subsection E of this section, 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 three (3) years, or until a successor has been appointed.
E. Qualifications: The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and not employees of the jurisdiction. The board of appeals shall consist of one individual 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 (10) years’ experience, five (5) 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 (10) years’ experience, five (5) 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 (10) years’ experience, five (5) 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 (10) years’ experience, five (5) of which shall have been in responsible charge of work.
F. Rules And Procedures: The board is authorized to establish policies and procedures necessary to carry out its duties.
G. Chairperson: The board shall annually select one of its members to serve as chairperson.
H. Disqualification Of Member: A member shall not hear an appeal in which that member has a personal, professional or financial interest.
I. Notice Of Meeting: The board shall meet upon notice from the chairperson, within ten (10) days of the filing of an appeal or at stated periodic meetings.
J. Postponed Hearing: When five (5) 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.
K. Board Decision: The board shall modify or reverse the decision of the building official by a concurring vote of two-thirds (2/3) of its members. The decision of the board shall be in writing. Copies shall be furnished to the appellant and to the building official.
L. Administration: The building official shall take immediate action in accordance with the decision of the board. (Ord. 2006-05-003, 5-4-2006)