HomeMy WebLinkAboutBuilding Board of Appeals 1986-8-1 (2)
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EXHIBIT B
1-11-1
Springfield Code
1-11-8
C HAP T E R
1.
G 0 V ERN MEN T
ARTICLE 11.
1-11-1
BUILDING BOARD OF APPEALS
Creation.
There is hereby created a Building Board of
Appeal s, henceforth referred to as "the Board".
1-11-2 Menbershi~. The Board shall consist of five menbers to be
appoi nted oy the MilYor and City Counci 1. Four of the Board's members
shall possess training and/or expertise in building design or
construction. In addition, the Building Official shall be an ex
offi ci 0 menber of the Boa rd. I n the case of any Fi re and Life Safety
aspect of the Specialty Codes and/or Fire Code appeal, the Fire Chief
shall also become an ex officio menber of the Board. Ex Officio
members shall have no vote.
1-11-3 Terms of Office. Appointed menbers shall hold office for
four years. No indiviwa1 shall serve more than two consecutive
terms.
1-11-4 Vacancies. Any vacancy on the Board shall be filled by the
MilYor and City Council for the unexpi red porti on of the term of the
menber creating the vacancy. The office of an appointed Board menber
shall be deemed vacant whenever the Board member has two consecuti ve
unexcused absences. If the Board menber has more than three
consecutive excused absences, the ,Board may declare the position
vacant.
1-11-5 Officers. The Board shall elect a Chairperson and Vice
Chairperson who shall hold office at the pleasure of the Board.
1-11-6 Secretary. The Building Safety Division shall provide the
Board with a secretary who shall keep a record of all proceedings
bef ore the Boa rd.
1-11-7 Ouorum. Three Board menbers shall constitute a quorum. If
a quorum is present, all matters shall be deci ded by a vote of the
majority.
1-11-8 Rules and Re~lations. The Board shall adopt reasonable
rules and regulations for conducting its investigations and meetings.
All hearings shall be open to the public. the appellant, the
appellant's representativelsl, the Building Official, Fire Chief and
any other person whose i nteres t may be affected by the matter bei ng
discussed shall be gi ven an opportunity to be heard. The Board may
call upon independent, non-partial expert witnesses when considering
an appeal. The Board shall affirm, modify or reverse the decision of
the Building Official and/or Fire Chief by a concurri ng vote of three
members.
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EXHIBIT B
1-11-8
Springfield Code
1-11-11
The decision of the Board shall be effective at the time the decision
is made unless the Board directs otherwise. The Board shall also
specify a date by which the' decision shall be complied with. All
decisions and findings shall be rendered in writing and kept on file
in the offi ce of the Bui I di ng Offi ci a I wi th a dup 11 cate copy given to
the appellant. .
1-11-9 Meetings. The Board shall meet at least once a month, at a
time and p lace as -may be fixed by the Board. Special meetings may be
called at any time by the Chairperson, the Building Official or the,
Fire Chief, by written notice. All meetings shall comply with ORS
192.640 ET. SEC.
1-11-10 Functions. The Building Board of Appeals shall:
(1) Determine the suitability of alternate materials and
methods of construction and to provide for reasonable interpretations
of the Specialty Codes enumerated in Articles 2 through 6 of the
Building Safety Codes. Provided that, since City Specialty Code
standards are required to be in cOll1lliance with State Specialty Code
standards, the Board is not authorized to grant a Variance to the
State Specialty Codes. .
(2) Hear appeals from the Fire and Life Safety provisions
of:
(a) The ,Structural Specialty Code and Fire and life
Safety code as specified in Article 2 of the Building Safety Codes.
(b) The Mechanical Specialty Code and Mechanical Fire
and L He Safety Code as specified in Article 3 of the Buil ding Safety
Code s .
(c) The Fire Code as specified in Chapter VII of the
Springfiel d code, 1965.
,(3) Hear appeals regarding the abatement of unsafe,
substandard or dangerous buil dings, structures or buil ding service
equipment as provided in Article I, Section 204 of the Building
Safety Codes.
(4) Hear appeals from the Housing Code as provided in
Article 7 of the Building Safety Codes.
(5) Hear appeals for alternate materials or methods of
construction not specifically described in the construction standards
for signs as provided in Chapter IX of this Code.
1-11-11 ADD 11 cati on/Fee. Any person who is aggrf eved by the
decision ot the Building Official and/or the Fire Chief refusing to
grant a modification of the provisions or requirements as allowed in
Section 1-11-10 (1) through (5) of this Article may appeal to the
Board. A notice of appeal on the form prescribed by the office of
the Building Official shall be submitted to that office within ten
days of the decision. All notices of appeal shall be acconpanied by
a fee of $100.00.
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1-11-12
Springfield Code
1-11-12
1-11-12 Decision of the Board.
(1) All decisions relating to the suitability of alternate
materi a 1 s and methods of constructi on and the reasonable
interpretations of the Specialty Codes are final unless appealed, in
writing, to the appropri ate State Board withi n 10 days of the
Building Board, of Appeals' decision.
(2) All decisions relating to the Fire and Life Safety
provisions of the Specialty Codes and all Fire Code decisions are
fi na 1.
(3) All decisions relating to the abatement of unsafe,
substandard, or dangerous buil dings, structures or buil ding service
equipment provisions are final. '
(4) All decisions relating to the Housing Code are final.
(5) All decisions relating to sign construction standards
are final.