12A Public Hearings - Laserfiche WebLink

Home

Except as provided below, the Building Board of Appeals shall have the authority to hear appeals regarding any action of the Building Official. The Building Board of Appeals shall have no authority relative to interpretation of the administrative portions of this Code, other than Section 116, nor shall the Board be empowered to waive requirements of this Code. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply or an equally good or better form of construction is proposed. The Building Board of Appeals shall document all decisions and findings in writing to the Building Official with a duplicate copy to the applicant. 113.3 Accessibility Appeals Board. In order to conduct the hearings on written appeals regarding action taken by the Building Official and to ratify certain exempting actions of the Building Official in enforcing the accessibility requirements of Title 24 of the California Code of Regulations for privately- funded construction, to serve as an advisor to the Building Official on disabled access matters, there shall be an Accessibility Appeals Board as established and provided for in Section 19957.5 of the California Health and Safety Code. The Accessibility Appeals Board shall consist of five members. Two members of the appeals board shall be physically disabled persons; the remaining three members shall be the members of the Building Board of Appeals. The Building Official shall be an ex officio member and shall act as Secretary to the Board. The Appeals Board may approve or disapprove interpretations and enforcement actions taken by the Building Official. All such approvals or disapprovals shall be final and conclusive as to the Building Official in the absence of fraud or prejudicial abuse of discretion. The Board shall adopt regulations establishing procedural rules and criteria for the carrying out of its duties. 113.4 Housing Rehabilitation Appeals Board. There shall be a Housing Rehabilitation Appeals Board as defined by Section 19957.5 of the California Health and Safety Code. The Housing Rehabilitation Appeals Board shall be comprised of the same members as the Building Board of Appeals. The Building Official shall be an ex officio nonvoting member and act as Secretary. 113.5 Building Code Enforcement Appeals Board. In order to conduct the hearings provided for in Government Code Section 54988, there shall be a Building Code Enforcement Appeals Board. The Building Code Enforcement