CITY OF NORMAN CODE OF ORDINANCES
Chapter 4: Boards and Commissions; Article XVI. BOARD OF APPEALS
Section 4-1601: Duties and Powers of the Board
Notwithstanding other provisions of this Code
adopting the BOCA Building Code and any subsequently adopted
Building Codes, this section provides for a Board of Appeals and
hereby replaces and supersedes any reference to a Board of Appeals
found in the BOCA Building Code or any subsequently adopted Building
Codes. The duties and powers shall be as follows:
(1) Upon proper application, the Board of Appeals
has the duty and the power to hear and decide appeals of orders,
decisions or determinations made by the Building Official for the
City relative to the application and interpretation of the adopted
building and related codes of the City. The members of the Board of
Appeals shall be appointed by the Norman City Council and shall hold
a term of office as provided for in Section 101(b)(11) of this
chapter. The Board of Appeals shall adopt rules of procedure for
conducting business and shall render all decisions and findings in
writing to the appellant and shall provide a duplicate to the
Building Official whose order, decision or determination was
appealed.
(2) The Board of Appeals shall consist of five (5)
members who are qualified by experience and training to pass on
matters relating to building and construction codes and are not
employees of the City. The chief appointing authority shall appoint
one (1) alternate member who shall be called by the Board Chairman
to hear appeals during the absence or disqualification of a member.
Alternate members shall possess the qualifications required for
Board membership. Further, it is the intent of this section that the
Board will include individuals with at least five (5) years
experience representing the professions or disciplines of
architecture; building construction supervision; structural
engineering; mechanical engineering or contracting; plumbing
engineering or contracting; electrical engineering and/or fire
protection engineering or contracting.
(3) Any person shall have the right to appeal the
decision of the Building Official to the Board of Appeals. An
application for appeals shall be based on a claim that (1) the true
intent of the adopted building code and related codes, or the rules
legally adopted thereunder, have been incorrectly or improperly
interpreted, (2) the provisions of those codes do not fully apply,
and/or (3) an equally good or better form of construction is
proposed. The Board of Appeals shall not have the authority to waive
any requirements of the adopted building and related codes.
(4) The Board shall select one (1) of its members
to serve as Chairman.
(5) A member shall not hear an appeal in which
that member has any personal, professional or financial interest.
(6) All hearings before the Board shall be open to
the public. The appellant, the appellant's representative, the Code
Official and any person whose interests are affected shall be given
an opportunity to be heard.
(7) When five (5) members are not present to hear
an appeal, either the appellant or the appellant's representative
shall have the right to request a postponement of the hearing.
(8) It shall take a concurring vote of three (3)
Board members to modify or reverse the decision of the Code
Official.
(9) Upon the rendering of a final decision, the
Building Official for the City shall take immediate action in
accordance with the decision of the Board. No appeal shall be had
from a decision of the Board of Appeals. (Ord. No. 0-8283-40; Ord.
No. 0-0001-39) |
