§ 6-124. Powers and authority.

(a)

Authority. The Construction Board of Appeals may hear and decide an appeal that alleges error in an order, requirement, decision or determination made by the building official in the enforcement of the international and national codes and this chapter, as it exists or may be amended. In exercising the Board's authority herein, the Board may reverse or affirm, in whole or in part, or modify the Building Official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose, the Board has the same authority as the Building Official. The Board shall have no power to obligate the City in any manner whatsoever. The Board's finances shall be handled in the same manner as any other board of the City. The Board shall have no authority to waive any requirement contained in any of the international or national codes.

(b)

Basis of decisions; vote required. In order to make a finding for the appellant, the Board must make a determination that the true intent of any of the international codes has been incorrectly interpreted by the Building Official; that a provision of the international codes, made the subject of the appeal, does not fully apply; or an equally good or better form of construction of the specific international or national code, made the subject of the appeal, is proposed. The concurring vote of four members of the Board is necessary to reverse an order, requirement, decision or determination of the Building Official.

(c)

Minutes. The Board shall keep and maintain minutes of any and all proceedings held and shall submit a written report of such proceedings to the City Council not more than three weeks following each such meeting.

(d)

Adoption of rules and regulations. The Board may adopt rules and regulations for the conduct of its business. All rules and regulations adopted by the Board shall be reviewed and approved by the City Council. The rules and regulations shall be consistent with and not in conflict with this chapter, the international and national codes and/or other rules and regulations prescribed by the City Council. The Board shall function according to the laws of the State, the international and national codes and the provisions of this chapter.

(e)

Written decision. The Board shall render all decisions in writing to the appellant with a copy to the Building Official.

(Ord. No. 100-03-07, art. II, § 6(b), 7-17-2007)