§ 10-14. Building-related and fire codes appeals and advisory board.

(a)

General. A building-related and fire codes appeals and advisory board also known as the appeals and advisory board is created. The board shall hear and decide appeals of orders, decisions or determinations made by the building official or the fire chief relative to the application and interpretations of chapter 10, chapter 11 and specific articles in chapter 28 of the City Code, and in order to provide advice to the building official or fire chief on code-related matters.

(1)

Members of the appeals and advisory board shall be appointed by the mayor and city council and shall hold office at its pleasure.

(2)

Applications for appeal for any order, decision or determination made by the building official or the fire chief shall be filed on a form obtained from the building official within twenty-one (21) calendar days after the notice was served.

(3)

A filing fee must accompany each application for appeal to the appeals and advisory board, as set forth in the fee schedule adopted by the city.

(4)

The appeals and advisory board shall meet quarterly on general and codes-related matters and shall meet within fourteen (14) calendar days after either the building official or the fire chief receives an application appealing an associated order, decision or determination relative to the application and interpretation of chapter 10, chapter 11 and specific articles in chapter 28.

(5)

When requested by the building official or fire chief, the appeals and advisory board shall conduct public hearings on nationally recognized building-related codes, following publication, and shall make recommendations to the building official or fire chief for adoption or local amendment.

(b)

Application for appeal. An application for appeal shall be based on a claim that:

(1)

The true intent of chapters 10, 11 and specific articles in chapter 28 or the rules legally adopted thereunder have been incorrectly interpreted;

(2)

The provisions of this chapter do not fully apply; or

(3)

An equally good or better form of construction is proposed.

(c)

Limitation on authority.

(1)

The appeals and advisory board shall have no authority to waive requirements of chapters 10, 11 or 28.

(2)

The appeals and advisory board shall review building-related and fire codes issues when requested to do so by the building official or fire chief and shall provide a recommendation to the building official or fire chief.

(3)

The appeals and advisory board may also review and make recommendations to the building official or fire chief on any building-related or fire code issue, as requested by a citizen or board member when the request for board review is approved by both the building official and appeals and advisory board chairman.

(4)

Appeals, as defined in subsection 10-14(a), do not require approval by either the building official or chairman of the appeals and advisory board in order to be heard.

(5)

All meetings of the board must comply with the provisions of the Texas Open Meetings Act. Through board action, technical issue items may be added for discussion to any future board meeting agenda. Administrative and non-technical agenda items may only be added to the agenda and discussed when approved by the building official.

(6)

Technical committees shall be established by the board to assist the building official and fire chief in determining recommendations for the adoption of the model codes listed in subsections 10-2(1)—(6) of this chapter and the model code listed in chapter 11 and any associated local amendments to these codes.

(7)

The responsibilities of the appeals and advisory board shall be limited to those specifically contained in this chapter.

(d)

Qualifications. The board of appeals shall consist of seventeen (17) members and seventeen (17) alternates who are qualified by experience and training to act on matters pertaining to building-related and fire codes, and may not be employees of the city. Board of appeals members and alternate members shall reside in the city unless the residence requirement is waived by city council. New applicant and non-holdover existing member nominations to the board shall be made in writing to the secretary of the board of appeals by industry associations that are affiliated with nationally recognized organizations and include language nominating an individual for any membership within a given category. Industry associations may still request a preference for primary or secondary membership in its nomination letter. City council shall appoint board members accommodating this preference with an overall priority given existing board vacancies. Upon city council appointment, the board is (1) authorized to administratively switch primary and alternate membership designations within the same category; and also (2) to fill vacant primary member positions with alternate members within the same category. Exercise of board authority shall only be done where necessary for efficient administration of board function, with the approval of the individual impacted member, and with a majority vote of the board in favor of the action. Any action taken by the board under this section shall have no impact on the time a member shall serve on this board. Membership of the appeals and advisory board, including alternates, is by category and as follows:

(1)

One member and one alternate shall be a structural engineer licensed or registered by the state as a professional engineer.

(2)

One member and one alternate shall be a fire protection engineer licensed or registered by the state as a professional engineer.

(3)

One member and one alternate shall be an electrical engineer licensed or registered by the state as a professional engineer.

(4)

One member and one alternate shall be a plumbing engineer or a mechanical engineer licensed or registered by the state as a professional engineer.

(5)

One member and one alternate shall be an architect licensed by the state.

(6)

Two (2) members and two (2) alternates shall be building contractors registered by the city.

(7)

Two (2) members and two (2) alternates shall be licensed by the state as a master electrician. Of these, one member and one alternate represent organized labor, and one member and one alternate represent open shop.

(8)

Two (2) members and two (2) alternates shall be licensed by the state as an air conditioning and refrigeration contractor. Of these, one member and one alternate shall represent organized labor and one member and one alternate shall represent open shop.

(9)

Two (2) members and two (2) alternates shall be licensed by the state as a master plumber. Of these, one member and one alternate represent organized labor and one member and one alternate represent open shop.

(10)

One member and one alternate shall be a commercial building contractor.

(11)

One member and one alternate shall be a commercial building owner, manager, or their representative.

(12)

One member and one alternate shall be a Residential Group R-2 multi-family building owner, manager, or their representative.

(13)

One member and one alternate: licensed by either the city or the state as a master sign electrician.

The fire chief or designee shall be an ex-officio member. The building official or designee shall also be an ex-officio member and shall act as secretary to the appeals and advisory board. The building official or fire chief or their respective designees shall not have a vote on any matter before the appeals and advisory board.

The appeals and advisory board shall be subject to chapter 2, article IX entitled "Boards and Commissions," to the extent not in conflict with these provisions. Members shall be limited to three (3) consecutive two-year terms. Board membership shall continue in a holdover capacity until a replacement is appointed. The appeals and advisory board shall elect a chairman and vice-chairman annually, shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with copies to the building official or fire chief. All vacancies are filled for the unexpired portion of the term only.

(e)

Quorum and majority vote.

(1)

An appointed alternate member shall not serve on the appeals and advisory board, or any board committee, when the appointed member for whom they are an alternate is present.

(2)

Nine (9) appointed members or their appointed member alternates, constitutes a quorum of the appeals and advisory board.

(3)

Voting shall only be conducted by appointed members or their appointed alternates, should the member not be present. No proxy votes shall be allowed.

(4)

A majority vote of those members present, including alternate members representing absent members, shall be necessary for approval of any decision of the appeals and advisory board, and each member or alternate member, should the member be absent, shall have one vote including the chairman.

(5)

The appeals and advisory board shall take no action on an appeal unless one appointed member that is a subject matter expert is present for each major part of the appeal. For example: if an appeal has two (2) major parts, structural and plumbing, the structural engineer member and at least one of the two (2) master plumber members must be present in order for the appeals and advisory board to take action on the appeal. Failure of the appeals and advisory board to have these subject matter experts present does not result in the approval of the applicant's appeal.

(f)

Committees. The appeals and advisory board may form committees to advise it on specific matters. Prior to conducting public hearings on any of the nationally recognized building-related codes and any associated amendments thereto, the appeals and advisory board shall form code review committees and shall select a chairman for such committee. The purpose of code review committees is to review the newly published codes and to receive public comments on these codes and their associated amendments. The building official will provide appropriate staff support to all such committees. The chairman of each code review committee shall report his committee recommendations to the appeals and advisory board during the subsequent public hearings conducted by the board on these codes.

(1)

Committee membership. Committee membership shall consist of appointed members or their appointed alternates, should the member not be present, and may also consist of not more than four (4) individuals who are not appointed by the mayor and city council and who are not required to reside in the city. A committee is required to have at least four (4) appointed members or their appointed alternates. Both the primary board member and alternate board member for any category may serve on a committee, but only one category member, primary or alternate, may serve as a voting member on the committee. Committees shall have not more than seven (7) primary and alternate board members. Any board member may sit on a committee as an ex-officio member, but shall not be counted as part of the quorum or be authorized to vote.

(2)

Committee quorum and voting. A majority of the appointed members or their appointed alternates, should the member not be present, of the committee shall constitute a quorum. Only committee members who are appeals and advisory board members or their alternates, should the member not be present, shall be allowed to vote on committee items. Committee members not appointed by the mayor and city council to the appeals and advisory board, as either a member or alternate member, may not vote on committee matters, and shall not be counted in the quorum. A majority of committee members authorized to vote shall be required.

(g)

Procedure. The meeting of the board of appeals shall be conducted in conformity with parliamentary rules (Robert's Rules of Order), or other rules established by the appeals and advisory board, unless otherwise specified in chapters 10, chapter 11 and specific articles in chapter 28. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.

(h)

Open hearing and meeting. All hearings and meetings of the appeals and advisory board shall be open to the public, and subject to the Texas Public Meetings Act. The appellant, the appellant's representative, the building official, fire chief and any other person whose interests are affected shall be given equal opportunity to be heard.

(i)

Appeals and advisory board decision on appeals. A concurring vote of the majority of appointed members present once a quorum is established is required in order for the appeals and advisory board to modify or reverse the decision of the building official or fire chief.

(1)

Resolution. The decision of the appeals and advisory board shall be by resolution. Certified copies, signed by the chairman of the appeals and advisory board, shall be furnished to the appellant and to the building official and fire chief.

(2)

Administration. The building official and fire chief shall take immediate action in accordance with the decision of the appeals and advisory board.

(j)

Board of appeals action. Any action taken by the building-related and fire codes board of appeals is final.

(Ord. No. 2018-06-21-0493 , § 1, 6-21-18)