The URL can be used to link to this page

Home My WebLink AboutTC Res 2011-06-15 (7)RESOLUTION NO. 31-2011 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING THE TIBURON BUILDING CODE APPEALS BOARD AS AN OFFICIAL STANDING BODY OF THE TOWN OF TIBURON WHEREAS, the Town of Tiburon has adopted versions of State of California building, plumbing, electrical, mechanical, housing and other uniform codes as its Building Regulations, set forth in Title IV, Chapter 13 of the Tiburon Municipal Code; and WHEREAS, said codes set forth provisions for appeals of technical and/or non-administrative decisions and determinations made by the Building Official during the performance of his duties, and recommend that said appeals be heard and decided by qualified persons of experience or training in technical aspects of building construction, design, installation, equipment or techniques; and WHEREAS, the Town does not currently have an appointed, qualified board of appeals in place to hear and decide any such non-administrative appeals, as is common for municipalities for such purpose; and WHEREAS, the Insurance Services Office (ISO), an independent statistical, rating and advisory organization that serves the property/casualty insurance industry, has identified the lack of an appointed and qualified appeals board in the Town of Tiburon, relating to technical building code issues, as a deficiency factor that would likely lead to higher insurance rates for all Tiburon property owners unless rectified; and WHEREAS, in order to maintain low insurance rates for its property owners and residents based on building regulation considerations, the Town resolves to establish a qualified building code appeals board to hear and decide non-administrative decisions and determinations of the Building Official. NOW, THEREFORE, BE IT RESOLVED that the Town Council, pursuant to Title I, Chapter 2, Article VI of the Tiburon Municipal Code, does hereby establish the Tiburon Building Code Appeals Board (BLAB) as an official standing body of the Town of Tiburon and sets forth its duties and qualifications, procedures for appointment and removal, tenure, and other such information as necessary for its proper appointment and functioning, as follows: 1. Duties. The duties of the BCAB are set forth below: (a) To act as the appeals board from decisions and interpretations of the Building Official regarding non-administrative provisions of the Town's adopted building codes. (b) To render decisions on appeals and other decisions in writing to the Building Official with a duplicate copy to the appellant. (c) To adopt such reasonable rules and regulations as it may deem necessary for the conduct of its duties. Tiburon Town Council Resolution No. 31-2011, adopted 611512011 2. Membership. The BCAB shall be comprised of: (a) Five (5) regular members. (b) Two (2) alternate members, who shall be called by the Chairman to hear appeals or serve at meetings during the absence or disqualification of any regular member. Alternate members shall possess the qualifications for BCAB membership. (c) The Building Official shall act as secretary and staff support to the BCAB, but is not a member and shall have no vote on any matter before the BLAB. 3. Terms. The term of office of members shall be five (5) years, except that to promote continuity of experience, the initial appointments shall be staggered terms as follows: a. Two (2) members shall be appointed to terms that expire on the last day of February, 2013; b. One (1) member shall be appointed to a term that expires o4 the last day of February, 2014; c. Two (2) members shall be appointed to terms that expire on the last day of February, 2015. All subsequent appointments shall be for terms of five (5) years, except that appointments to fill a vacancy where there is an unexpired term shall be for the balance of the unexpired term only. Alternate members shall be appointed for five (5) years or until a successor has been appointed. 4. Qualifications. (a) By experience and training, as verified by the Building Official prior to appointment, BCAB members shall be qualified to rule upon matters pertaining to building construction; including building design, construction, and installation of building, electrical, plumbing, and mechanical systems, equipment and techniques. The following are recommended as guidelines for membership only: i. One member shall be a registered design professional with architectural experience or a builder or superintendent of building construction with at least ten years' experience, five of which shall have been in responsible charge of work. ii. One member shall be a registered design professional with structural engineering experience. iii. One member shall be a registered design professional with mechanical and plumbing engineering experience or a mechanical contractor with at least ten years' experience, five of which shall have been in responsible charge of work. iv. One shall be a registered design professional with electrical engineering experience or an electrical contractor with at least ten years' experience, five of which shall have been in responsible charge of work. Tiburon Town Council Resolution No. 31-2011 adopted 611512011 2 v. One member shall be a registered design professional with energy code and/or green building code compliance experience or a licensed roofing contractor with at least ten years' experience, five of which shall have been in responsible charge of work. (b) Tiburon residency is not a requirement. 5. Appointment and Removal of Members. Members shall be appointed by the affirmative vote of a majority of the Town Council, and may be removed by the affirmative vote of a majority of the Town Council. The Mayor shall appoint a Chairman and a Vice-Chairman. The Chairman shall preside over the meetings. The Vice-Chairman shall assume the duties of the Chairman in the absence of the Chairman. 6. Procedures. (a) Any person making an appeal must file a completed Town of Tiburon Notice of Appeal form with the Town Clerk within twenty (20) days after the notice of decision or interpretation was served. The appeal filing fee is $250. (b) The BCAB shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedure shall not require compliance with the strict rules of evidence, but shall mandate that only relevant information be received. (c) The BCAB shall hear written appeals and make any necessary determinations or interpretations as soon as reasonably practical. It may affirm, overrule, or modify rulings or interpretations of the Building Official, and its decisions shall be final. Decisions shall be by a majority vote of those voting. (d) Unless at least one member of the BCAB is qualified by experience and/or training to rule on a particular matter presented to it, the Board shall not decide the question until it has consulted with and been advised by a disinterested individual who is qualified. (e) A member shall not hear an appeal or make a determination in which that member has a personal, professional, or financial interest. (f) The Building Official shall take immediate action in accordance with the decision of the BCAB. 7. Staffing. The Town Manager or a Town Manager-designated representative or representatives shall serve as staff to the BCAB. 8. Meetings. The BCAB shall meet as needed to hear and act on appeals or to make necessary determinations. Meetings are subject to State of California open meeting laws (i.e., the Brown Act) and shall be open to the public and notices of meetings shall be posted and distributed in accordance with state law. The appellant, appellant's representative, the Building Official and any persons whose interests may be affected shall be given an opportunity to be heard. Tiburon Town Council Resolution No. 31-2011 adopted 611512011 3 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 15, 2011, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ATTE.8TCollins, Fraser, Fredericks, O'Donnell, Slavitz ABSENT: COUNCILMEMBERS: None None DIANE CRANE IACOPI, TOWN CLERK JIB LAVITZ R TOWN OF ON > Tiburon Town Council Resolution No. 31-2011 adopted 611512011 4