Code of Ordinances Amendment - Title 14 Building Code Appeals Board Copyright 2014
City of Dubuque Action Items # 7.
ITEM TITLE: Code of Ordinances Amendment - Title 14 Building Code and Advisory
Appeals Board
SUMMARY: City Manager recommending approval of an ordinance which adds a new
Section 14-1A-6 which establishes the Building Code and Advisory
Appeals Board and provides for the powers, operation, membership, and
meetings.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 1 Building Codes, Article A Building
Code and Regulations by adopting a new Section 14-1A-6 Establishing the
Building Code and Advisory Appeals Board and Providing for the Powers,
Operation, Membership, and Meetings
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Building Code and Advisory Appeals Board-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Ordinance Ordinance
❑ Suggested Motion Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Boards and Commissions — Building Code and Advisory Appeals Board
DATE: June 4, 2015
The City Attorney's Office and the City Clerk's Office have been working on updating
the Boards and Commissions ordinances to make the standard provisions in all of the
ordinances uniform and consistent.
Assistant City Attorney Crenna Brumwell recommends City Council approval of an
ordinance which adds a new Section 14-1A-6 which establishes the Building Code and
Advisory Appeals Board and provides for the powers, operation, membership, and
meetings. The Building Code and Advisory Appeals Board was originally established in
1924.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
THS CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M . BRUMWELL , ESQ. //11 /� /�
ASSISTANT CITY ATTORNEY n I/ / I/ /
To: Michael C. Van Milligen I�,.Ji`' Ill
City Manager
DATE: June 3, 2015
RE: Boards and Commissions — Building Code and Advisory Appeals Board
The City Attorney's Office, together with the City Clerk's Office and each individual
department, have been working on updating the Boards and Commissions ordinances
for the City of Dubuque. The goal is to make the standard provisions in all of the
ordinances uniform and consistent.
Attached please find a draft ordinance for the Building Code and Advisory Appeals
Board, which was established in 1924. For this ordinance, a new Section 14-1A-6 is
adopted which establishes the Building Code and Advisory Appeals Board and provides
for the powers, operation, membership, and meetings.
I recommend that the ordinance be submitted to the City Council for consideration.
Please let me know if you need further information.
Thank you.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 41-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE
AND REGULATIONS BY ADOPTING A NEW SECTION 14-1A-6 ESTABLISHING
THE BUILDING CODE AND ADVISORY APPEALS BOARD AND PROVIDING FOR
THE POWERS, OPERATION, MEMBERSHIP, AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 14, Chapter 1, Article A of the City of Dubuque Code of
Ordinances is amended as follows:
ARTICLE A. BUILDING CODE AND REGULATIONS
NOON
14-1A-6: BUILDING CODE AND ADVISORY APPEALS BOARD:
A. Board Created: There is hereby created the Building Code and Advisory Appeals
Board.
B. Purpose: The purpose of the board is to determine the suitability of alternative
building materials and methods of building construction, to provide for reasonable
interpretation of the provisions of the International Building Code, to advise the city
council on all building construction regulations and procedures, and to serve as an
appeal body for the decisions of the building official.
C. Internal Organization And Rules: The board may adopt rules and regulations to
govern its organizational procedures as may be necessary and which are not in conflict
with this Code of Ordinances or the Iowa Code.
D. Procedures For Operation: All administrative, personnel, accounting, budgetary,
and procurement policies of the city govern the board in all its operations.
E. Membership:
1. The board comprises seven (7) residents of the city, appointed by the city
council.
2. Residents must be eighteen (18) years of age or older.
3. Special Qualifications.
a. One (1) member must be an architect or engineer registered in the
state of Iowa.
b. One (1) member must be a commercial contractor.
c. One (1) member must be a journeyman carpenter.
d. One (1) member must be a residential contractor.
e. One (1) member must be a representative of the public at -Targe.
f. Two (2) representatives must have knowledge of Americans with
Disabilities Act regulations to represent the interests of persons with
disabilities.
F. Oath: Each person, upon appointment or reappointment to the board, must
execute an oath of office at the first meeting of the board following the appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the board.
G. Terms: The term of office for members of the board is three (3) years or until
such member's successor is appointed and qualified.
H: Vacancies: Vacancies must be filled in the same manner as original
appointments.
I. Officers/Organization: The board must choose annually a chairperson and vice -
chairperson, each to serve a term of one (1) year. The chairperson must appoint a
secretary, who need not be a member of the board. The board must fill a vacancy
among its officers for the remainder of the officer's unexpired term.
J. Meetings:
1. Regular Meetings. The board must meet upon call of the chairperson,
secretary, or city manager.
2. Special Meetings. Special meetings may be called by the chairperson or
at the written request of a majority of the members.
3. Open Meetings. All meetings must be called and held in conformance with
the Iowa Open Meetings Law.
4. Attendance.
a. In the event a member of the board has been absent for three (3) or
more consecutive meetings of the board, without being excused by the
chairperson, such absence will be grounds for the board to recommend to
the city council that the position be declared vacant and a replacement
appointed.
b. Attendance must be entered upon the minutes of all meetings.
5. Minutes. A copy of the minutes of all regular and special meetings of the
board must be filed with the city council within ten (10) working days after each
meeting, or by the next regularly scheduled city council meeting, whichever is
later.
6. Quorum. For meetings where the agenda does not include the review of
any Americans with Disabilities Act issues, three (3) members of the board
constitute a quorum for the transaction of business. For meetings where the
agenda does include the review of any Americans with Disabilities Act issues,
four (4) members of the board and at least one (1) of the Americans with
Disabilities Act representatives must be in attendance to constitute a quorum for
the transaction of business. An affirmative vote of a majority of the members
present and voting is necessary for the adoption of any motion or resolution.
K. Compensation: Members serve without compensation, provided that they may
receive reimbursement for necessary travel and other expenses while on official board
business within the limits established in the city administrative policies and budget.
L. Removal: The city council may remove any member for cause upon written
charges and after a public hearing.
M. Powers. The board has the following powers, duties, and responsibilities:
1. Any person who is aggrieved by a decision of the building official on any
requirements resulting from the enforcement of the building code may appeal
from such decision to the building code board and said board shall serve as an
appeal board. In case the aggrieved party is a member of said board, said
member shall be disqualified as a member of the board acting as an appeal
board, until the person aggrieved has been heard and a decision rendered.
The appeal shall be made by the person aggrieved, giving written notice of such
appeal to the building official within seven (7) days of receipt of decision from
which the appeal is taken. The building code board sitting as an appeal board
shall meet within ten (10) working days after receiving such notice and render a
decision within five (5) working days thereafter. Any interested party, including
the building official, shall have the right to present their case to the appeal board,
whose decision shall be final unless appealed to the district court as provided by
law.
The board of appeals may reverse or modify a decision of the building official
only on finding that:
a. The building official had incorrectly interpreted the provision of this
code; or,
b. The decision of the building official creates an unnecessary
hardship upon the appellant.
The board of appeals shall require that sufficient evidence or proof be submitted
to substantiate any claims made regarding the use of alternates.
All appeal hearings shall be conducted in accordance with the procedures
specified in this code.
On issues before the board involving the Americans with Disabilities Act the
board may elect to seek input from Americans with Disabilities Act advocates in
the community. If the board elects to seek input from Americans with Disabilities
Act advocates in the community the board shall consult with a minimum of two
(2) individuals.
N. Limitations Of Authority. The board of appeals shall have no authority relative to
interpretation of the administrative provisions of this code nor shall the board be
empowered to waive requirements of this code.
In so modifying or reversing such decision of the building official, the board of appeals
may authorize any alternate to the decision of the building official and the provisions,
provided it finds the proposed material or method of construction is satisfactory for the
use intended and complies with the provisions of this code, and that the material,
method, or work offered is, for the purpose intended, at least equivalent to that
prescribed by this code in suitability, strength, effectiveness, durability, fire resistance,
and safety.
Section 2. Nothing herein effects the term of any person serving as a member of
the board as of the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 15th day of Jne, 2015.
Attest:
Kevin ) irnstahl, ity Clerk
Roy D. bud,
(9i
ayor
EFFECT OF AMENDMENT
ARTICLE A. BUILDING CODE AND REGULATIONS
14-1A-2: INTERNATIONAL BUILDING CODE AMENDMENTS:
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empowered to F@961 F@FA@RtS Of thi6 Arlo
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and safety.
14-1A-6: BUILDING CODE AND ADVISORY APPEALS BOARD:
A. Board Created: There is hereby created the Building Code and Advisory Anneals
Board.
B. Purpose: The purpose of the board is to determine the suitability of alternative
building materials and methods of building construction, to provide for reasonable
interpretation of the provisions of the International Building Code, to advise the citv
council on all building construction regulations and procedures, and to serve as an
appeal body for the decisions of the building official.
C. Internal Organization And Rules: The board may adopt rules and regulations to
govern its organizational procedures as may be necessary and which are not in conflict
with this Code of Ordinances or the Iowa Code.
D. Procedures For Operation: All administrative, personnel, accounting, budgetary,
and procurement policies of the city govern the board in all its operations.
E. Membership:
1. The board comprises seven (7) residents of the city, appointed by the city
council.
2. Residents must be eighteen (18) years of age or older.
3. Special Qualifications.
a. One (1) member must be an architect or engineer registered in the
state of Iowa.
t--- Formatted:Indent:Left: 72 pt
b. One (1) member must be a commercial contractor.
C. One (1) member must be a journeyman carpenter.
d. One (1) member must be a residential contractor.
e. One (1) member must be a representative of the public at-large.
f. Two (2) representatives must have knowledge of Americans with
Disabilities Act regulations to represent the interests of persons with
disabilities.
F. Oath: Each person, upon appointment or reappointment to the board, must
execute an oath of office at the first meeting of the board following the appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the board.
G. Terms: The term of office for members of the board is three (3) years or until
such member's successor is appointed and qualified.
H: Vacancies: Vacancies must be filled in the same manner as original
appointments.
I. Officers/Organization: The board must choose annually a chairperson and vice-
chairperson, each to serve a term of one (1) year. The chairperson must appoint a
secretary, who need not be a member of the board. The board must fill a vacancy
among its officers for the remainder of the officer's unexpired term.
J. Meetings:
1. Regular Meetings. The board must meet upon call of the chairperson,
secretary, or city manager.
2. Special Meetings. Special meetings may be called by the chairperson or
at the written request of a majority of the members.
3. Open Meetings. All meetings must be called and held in conformance with
the Iowa Open Meetings Law.
4. Attendance.
a. In the event a member of the board has been absent for three (3) or
more consecutive meetings of the board, without being excused by the
chairperson, such absence will be grounds for the board to recommend to
the city council that the position be declared vacant and a replacement
appointed.
b. Attendance must be entered upon the minutes of all meetings.
5. Minutes. A copy of the minutes of all regular and special meetings of the
board must be filed with the city council within ten (10) working days after each
meeting, or by the next regularly scheduled city council meeting, whichever is
later.
6. Quorum. For meetings where the agenda does not include the review of
any Americans with Disabilities Act issues. three (3) members of the board
constitute a quorum for the transaction of business. For meetings where the
agenda does include the review of any Americans with Disabilities Act issues,
four (4) members of the board and at least one (1) of the Americans with
Disabilities Act representatives must be in attendance to constitute a quorum for
the transaction of business. An affirmative vote of a majority of the members
present and voting is necessary for the adoption of any motion or resolution.
K. Compensation: Members serve without compensation, provided that they may
receive reimbursement for necessary travel and other expenses while on official board
business within the limits established in the city administrative policies and budget.
L. Removal: The city council may remove any member for cause upon written
charges and after a public hearing.
M. Powers. The board has the following powers, duties, and responsibilities:
1. Any person who is aggrieved by a decision of the building official on any
requirements resulting from the enforcement of the building code may appeal
from such decision to the building code board and said board shall serve as an
appeal board. In case the aggrieved party is a member of said board, said
member shall be disqualified as a member of the board acting as an appeal
board, until the person aggrieved has been heard and a decision rendered.
The appeal shall be made by the person aggrieved, giving written notice of such
appeal to the building official within seven (7) days of receipt of decision from
which the appeal is taken. The building code board sitting as an appeal board
shall meet within ten (10) working days after receiving such notice and render a
decision within five (5) working days thereafter. Any interested party, including
the building official, shall have the right to present their case to the appeal board,
whose decision shall be final unless appealed to the district court as provided by
law.
The board of appeals may reverse or modify a decision of the building official
only on finding that:
a. The building official had incorrectly interpreted the provision of this
code: or.
b. The decision of the building official creates an unnecessary
hardship upon the appellant.
The board of appeals shall require that sufficient evidence or proof be submitted
to substantiate any claims made regarding the use of alternates.
All appeal hearings shall be conducted in accordance with the procedures
specified in this code.
On issues before the board involving the Americans with Disabilities Act the
board may elect to seek input from Americans with Disabilities Act advocates in
the community. If the board elects to seek input from Americans with Disabilities
Act advocates in the community the board shall consult with a minimum of two
(2) individuals.
N. Limitations Of Authority. The board of appeals shall have no authority relative to
interpretation of the administrative provisions of this code nor shall the board be
empowered to waive requirements of this code.
In so modifying or reversing such decision of the building official, the board of appeals
may authorize any alternate to the decision of the building official and the provisions,
provided it finds the proposed material or method of construction is satisfactory for the
use intended and complies with the provisions of this code, and that the material,
method, or work offered is, for the purpose intended, at least equivalent to that
prescribed by this code in suitability, strength, effectiveness, durability, fire resistance,
and safety.
(11/16/2015) Kevin Firnstahl - RE: City of Dubuque Ordinance 68-15, 69-15 andPage 1
From:
"Rob Rollins" <rob@sterlingcodifiers.com>
To:
"'Kevin Firnstahl'" <Kfirnsta@cityofdubuque.org>
Date:
11/09/2015 3:12 PM
Subject:
RE: City of Dubuque Ordinance 68-15, 69-15 and Inquiry
No I think we will be fine --- just make a note on your copy of the ord that
we are changing it and all should be good.
Thanks -
Rob
rob@sterlingcodifiers.com
208-665-7193
-----Original Message-----
From: Kevin Firnstahl \[mailto:Kfirnsta@cityofdubuque.org\]
Sent: Monday, November 09, 2015 1:07 PM
To: Rob Rollins <rob@sterlingcodifiers.com>
Subject: RE: City of Dubuque Ordinance 68-15, 69-15 and Inquiry
Thanks Rob.
Is there anything further we need to do with 41-15 removing Sec. 113?
Thank you,
Kevin
>>> "Rob Rollins" <rob@sterlingcodifiers.com> 11/09/2015 10:05 AM >>>
Thanks for sending in the ords....
As for sending the effects of the amendments, I don't think necessary at
this time. 99% of the time we can figure out what is going on --- and that
1% that we can't, doesn't happen that often.
Thanks -
Rob
rob@sterlingcodifiers.com
208-665-7193
-----Original Message-----
From: Kevin Firnstahl \[mailto:Kfirnsta@cityofdubuque.org\]
Sent: Friday, November 06, 2015 1:51 PM
To: Rob Rollins <rob@sterlingcodifiers.com>
Cc: Jennifer Griffin <Jgriffin@cityofdubuque.org>
Subject: City of Dubuque Ordinance 68-15, 69-15 and Inquiry
Hi Rob,
Attached are City of Dubuque Ordinance 68-15 & 69-15 as adopted by Council
on 11/2/15. Ordinance 69-15 should correct the duplication you found with
Ordinance 53-15 as noted in your e-mail below. I have made the note on 61-15
as recommended.
Because of this, we discovered the same duplication with Ordinance 41-15
(11/16/2015) Kevin Firnstahl - RE: City of Dubuque Ordinance 68-15, 69-15 andPage 2
from June 2015. It, too, should have removed a Section 113. I'm attaching a
copy of the ordinance with the Effect of Amendment provided by staff for
Council review. The online code still displays Section 113.
Would it be of benefit if I included the Effect of Amendment when I send the
Ordinances to you?
Please advise.
Thank you,
Kevin S. Firnstahl, CMC
City Clerk
City of Dubuque, Iowa
50 W. 13th Street
Dubuque, IA 52001
563.589.4121
kfirnsta@cityofdubuque.org
>>> "Rob Rollins" <rob@sterlingcodifiers.com> 10/15/2015 10:04 AM >>>
Ord 53-15 makes changes to 16-8-1, with the changes being made, now we are
left with a conflict and a lot of duplication. We recommend reviewing this
ord with sections 16-8-2, 16-8-3 and 16-8-4-4. We will go per ord, however
we don't recommend duplicative info. Also the conflict is the ord states
the board must meet monthly - in 18-6-2A says it will be held at the call of
the chairperson.
Ord 61-15 under section 14-1H-2 it reads ".Means of appeal. See 14-1H-3."
It should refer to 14-1H-7 (which is established by this ord.) We will
make the change on this end and recommend your making a note on your copy of
the ord.
Thanks -
Rob
<mailto:rob@sterlingcodifiers.com> rob@sterlingcodifiers.com
208-665-7193
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STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: June 19, 2015, and for which the charge is $89.16.
Subscribed to before . Notary Public in and for Dubuque County, Iowa,
this /q day of , 20 41' .
, !L.✓.'_Iii_:
otary Public in and for Dubuque County, Iowa.
MARY K WESTERMEYE
rnmisslon. Number 154.88
m. +Exp, FEB, 1, 2Q17
OFFICIAL
PUBLICATION
ORDINANCE NO. 41-15
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE
14 BUILDING AND
DEVELOPMENT,
CHAPTER 1 BUILDING
CODES, ARTICLE A
BUILDING CODE AND
REGULATIONS BY
ADOPTING A NEW
SECTION 14-1A-6
ESTABLISHING THE
BUILDING CODE AND
ADVISORY APPEALS
BOARD AND PRO
VIDING FOR THE
POWERS, OPERA-
TION,
MEMBERSHIP,
AND MEETINGS
NOW, THEREFORE,
BE IT ORDAINED BY',
THE CITY COUNCIL
OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 14,
Chapter 1, Article A of
the City of Dubuque
Code of Ordinances is
amended as follows:
ARTICLE A. BUILDING
CODE AND
REGULATIONS
14-1A-6: BUILDING
CODE AND ADVISORY
APPEALS BOARD:
A Board Created:
There is hereby 1
created the ;`Building
Code and Advisory
Appeals Board.
B. Purpose: The
purpose of the board is
to determine the.
suitability of 'alterna-
tive building materials
and methods of build-
ing construction, to
provide for reasonable
interpretation of the
provisions of the
International Building
Code, to advise the city
council on all building
construction regula-
tions and procedures,
and to serve as an
appeal body for the
decisions of• the
building official.
C. Internal' Organi-
zation And Rules: The
board may adopt rules
and regulations to
I govern its organi-_
zational procedures as
may be necessary and
which are not in
conflict with this Code
of Ordinances dr the
Iowa Code.
D. Procedures For
Operation: All adminis-
trative, personnel, ac-
counting, budgetary,
and procurement poli-
cies of the city govern
the'.boar'd in all its
operations.
E. Membership:
1. The board com-
prises seven -(7)
residents of the city,
appointed by the city
council,
2. Residents must be
eighteen (18) years of
age or older.
3. Special Quali-
fications.
a. One (1) member
must be an architect or li
engineer registered in
I the state of Iowa.
b. One (1) member
must be a commercial
contractor.
c. One (1) member
must be a journeyman
carpenter.
d. One (1) member
must be a residential
contractor.
e. One (1) member
must be a represen-
tative of the public at -
large.
f. Two (2) repre-
sentatives must have
knowledge of Ameri-
cans with Disabilities
Act regulations to
represent the interests
of persons with dis-
abilities.
F. Oath: Each person,
upon appointment or
reappointment to the
board, must execute an
oath of; office at the I
first meeting of the
board` following the
appointment or reap-
pointment or at the
city clerk's office . any
time prior to the first
meeting of the board.
G. Terms: The term of
office for members of
the board is three (3)
years or until such
member's successor is
appointed and qualified:
H: Vacancies: Vacan-
cies must be filled in'.
the same manner as
original appointments.
I. Officers/Organiza-
tion: The board must
choose annually a
chairperson and vice -
chairperson, each to
serve a term of one (1)
year. The chairperson
must appoint a secre
tary, who need not be a
member of the board.
The board must fill a
vacancy among its
officers for the re-
mainder of the officer's
unexpired term. I
J. Meetings: I
1. Regular Meetings. I
The board must meet
uponcall of the
chairperson, seCretary,
or city manager.
2. Special Meetings.
Special meetings may
be called by the
chairperson or at the
written request of a
majority of the
members.
3. Open Meetings. All
meetings must be
called and held in
conformance with the
Iowa Open Meetings
Law,
4. Attendance.
a. In the event a
metaber of the board
has been absent for
three (3) or more
consecutive meetings
of the board, without
being excused by the
chairperson, such ab-
sence will be grounds
for the board to
recommend to the city
council -• that -' the
position be declared
vacant and a replace-
ment appointed.
b. Attendance must
be entered upon the
minutes of all meet-
ings.
5. Minutes. A copy of
the minutes of all
regular and special
meetings of the board
must be filed with the
city council within ten
(10) working days after
each meeting, or by
the next regularly
scheduled city council
meeting, whichever is
later.
6. Quorum. For meet-
ings where the agenda
does not include the
review of any
Americans with -Disa-
bilities Act issues,
three (3) members of
the board constitute a
quorum for the
transaction of busi-
ness. For meetings
where the agenda does
include :.the ; review of
any Americans with
Disabilities,Actissues,
four (4) members of
the board and at least,
one (1), :of the
Americans withDisa-
bjlities Act represen=
tatives must be in
attendance to consti-
tute a quorum for the
,transaction of busi-
ness. An affirmative
vote of a majority of
the members present
and voting is necessary
for the adoption of any
motion or resolution.
K. Compensation:
Members serve with-
out compensation, pro-
vided that they may
receive reimbursement
for necessary travel
and other expenses
while on official board
business within the
limits established in
the city administrative
policies and budget.
L. Removal: The city
council; may remove
any member for cause
upon written Jcharges
and after a public ,
hearing. _
M. Powers. The. board
has the following
powers, duties, and
responsibilities:--
1.,A.ievny; personwho is
aggred, by a :deci-
sion of the building
official on any require-
ments - resulting from
the enforcement of the
building code may
appealfrom such
decision to the building
code board and said
board shall serve,: as an
appeal board. In case
the aggrieved party is
a member of said
board, said member
shall .beQdis ualified as
a member of the board
acting as an appeal
board, until the person
aggrieved has been
heard•, and a decision
rendered. -
The •appeal shall be
made ;by the :person I
aggrieved, giving writ-
ten notice of such
appeal to thebuilding
official within seven (7)
days of receipt of
decision from which
the appeal is taken.
The building ::code
board sitting as an
appeal board shall
meet within ten (10)
working days after
receiving such notice
and render a decision
within five (5) working
days thereafter. , Any
interested party, in-
cluding the building
official, shall have the
right to present their
case to the appeal
board, whose decision
shall be final unless
appealed to the district
court as provided by
law.
The board of appeals
may reverse or modify
a ' decision of. ' -the
building official only on I
finding, that:
a. The building official
had incorrectly inter-
preted the provision of
this code; or,
b. The decision of the ',
building official creates 'I
an unnecessary hard-
ship upon the ;ap-
pellant.
The board of appeals
shallrequire that
sufficient evidence or
proof be submitted to
substantiate any
claims made regarding
the use of alternates.
All appeal hearings
shall be conducted in
accordance with the
proceduthiscodere. s specified in
On issues before the
board involving the
Americans with Disa-
bilities Act the board
may elect to seek input,
from Americans with
Disabilities Act advo-
cates in the com-
munity. If the board
elects to seek input
from Americans with
Disabilities Act advo-
cates in the community
the board shall consult
with a minimum of two
(2) individuals.
N. Limitations Of
Authority. The board of
appeals' shall have no
authority relative to
interpretation of the
administrative . provi-
sions of this code nor
shall . the , board `. be
empowered to waive
requirements of this
code.
In so modifying, or
reversing such " deci-
sion of the building
official, the;board of
appeals may, authorize
any alternate to the
decision of the building
official , and the pro-
visions, provided it
finds the -proposed
materielctioorn method ofd
construis, satis-
factory.for the use
intended and complies
with the provisions of
this code, and that the
material,' method, or
work -offered is, for the
purpose intended, at
least equivalent to that
prescribed by this code
in suitability; strength,
effectiveness, durabil-
ity, fire
urability,"fireresistance, and
safety.,
Section -'2. Nothing
herein effects the term
of any person serving a
as a member of the
board- as of the
effective date of this':
Ordinance. '
Section 3. This Ordi-
nance takes - effect `I
upon publication. I
Passed, approved, I
and adopted the 15th
day of June, 2015.
/s/Roy D. Buol, Mayor
Attest: /5/Kevin S.
Firnstahl, City Clerk
Published officially in I
the Telegraph Herald
newspaper onthe 19th I
day of June; 2015.
/s/Kevin S. Firnstahl,
City Clerk
1t 6/19