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HomeMy WebLinkAboutTC Res 2011-07-06 (3)RESOLUTION NO. 34-2011 A RESOLUTION OF THE TOWN COUNCIL RESCINDING RESOLUTION NO. 31-20011 AND ADOPTING A CORRECTED RESOLUTION ESTABLISHING THE TIBURON BUILDING CODE APPEALS BOARD AS AN OFFICIAL STANDING BODY OF THE TOWN OF TIBURON WHEREAS, on June 15, 2011, the Town Council adopted Resolution No. 31- 2011 creating a Building Code Appeals Board; and WHEREAS, the draft resolution sent to the Town Council and adopted as Resolution No. 31-2011 was an incorrect earlier version that had subsequently been modified by staff to replace a member qualified to rule on fire protection engineering issues with a member qualified to rule on technical aspects of energy code and/or green building code issues or on roofing issues; and WHEREAS, the Town desires to correct this error by rescinding Resolution No. 31-2011 and adopted the correct version of the Resolution. NOW, THEREFORE, BE IT RESOLVED that the Town Council does hereby rescind Resolution No. 31, 2011, adopted on June 15, 2011. BE IT FURTHER RESOLVED that pursuant to Title I, Chapter 2, Article VI of the Tiburon Municipal Code, the Town Council 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. 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 BLAB, but is not a member and shall have no vote on any matter before the BLAB. Tiburon Town Council Resolution No. 34-2011 Adopted 71612011 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 on 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. 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. Tiburon Town Council Resolution No. 34-2011 Adopted 71612011 2 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. (fl The Building Official shall take immediate action in accordance with the decision of the BLAB. 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. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 6, 2011, by the following vote: AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell & Slavitz NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE LAV MAYOR TOO TIBUR N Tiburon Town Council Resolution No. 34-2011 Adopted 71612011 3 ATTEST: DIANE CRANE IACOPI, TOWN CLERK S: IAdministrationITown CouncillResolutions1201 I Tuilding Codes Appeals Board Rescind and Revise; Resolution 34-2011.doc Tiburon Town Council Resolution No. 34-2011 Adopted 71612011 4