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File Number: 16-629 <br />official relative to the application and interpretation of this code, there shall be and is hereby <br />created a Building Board of Appeals. <br />The Board shall consist of three members, each of whom shall be qualified by experience and <br />training to pass upon matters pertaining to building construction, and shall include an Architect, a <br />Civil Engineer and a licensed General Contractor, as well as two alternates who shall be <br />Architects or Civil Engineers. <br />The Building Official shall be an ex officio member and shall act as Secretary to the Board. The <br />members of the Building Board of Appeals shall be appointed by the City Council and shall hold <br />office at its pleasure. The Building Board of Appeals shall adopt reasonable rules and regulations <br />for conducting its business. <br />113.2 Scope of authority. <br />Except as provided below, the Building Board of Appeals shall have the authority to hear appeals <br />regarding any action of the Building Official. <br />The Building Board of Appeals shall have no authority relative to interpretation of the <br />administrative portions of this Code, other than Section 116, nor shall the Board be empowered <br />to waive requirements of this Code. An application for appeal shall be based on a claim that the <br />true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, <br />the provisions of this Code do not fully apply or an equally good or better form of construction is <br />proposed. <br />The Building Board of Appeals shall document all decisions and findings in writing to the Building <br />Official with a duplicate copy to the applicant. <br />113.3 Accessibility Appeals Board. <br />In order to conduct the hearings on written appeals regarding action taken by the Building Official <br />and to ratify certain exempting actions of the Building Official in enforcing the accessibility <br />requirements of Title 24 of the California Code of Regulations for privately-funded construction, to <br />serve as an advisor to the Building Official on disabled access matters, there shall be an <br />Accessibility Appeals Board as established and provided for in section 19957.5 of the California <br />Health and Safety Code. The Accessibility Appeals Board shall consist of five members. Two <br />members of the appeals board shall be physically disabled persons; the remaining three <br />members shall be the members of the Building Board of Appeals. The Building Official shall be <br />an ex officio member and shall act as Secretary to the Board. <br />The Appeals Board may approve or disapprove interpretations and enforcement actions taken by <br />the Building Official. All such approvals or disapprovals shall be final and conclusive as to the <br />Building Official in the absence of fraud or prejudicial abuse of discretion. The Board shall adopt <br />regulations establishing procedural rules and criteria for the carrying out of its duties. <br /> <br />113.4 Housing Rehabilitation Appeals Board. <br />Page 9 City of San Leandro Printed on 11/15/2016