Sec. 22-27. Duties and powers.
(a) Generally. It shall be the duty and power of the building code board to act as a board of adjustment and appeals and as a board of standards with regard to matters arising from enforcement of this chapter and with regard to the refusal, suspension or revocation of licenses under article III of chapter 22 and with regard to refusals of building permits under this chapter with the exception of article XIV of this chapter and such powers and duties relating to historically significant structures as follows:
(1) Review of administrative error. To hear and decide appeals where it is alleged there is error in fact in any action including any order, requirement, decision or determination made by an administrative official of the City in the enforcement of the provisions in this section.
(2) Suspensions and revocations. To hear and decide appeals from decisions of the chief building official to suspend or to revoke licenses, registration certificates or certificates of qualification.
(3) Reasonable interpretations. Upon appeal, to provide review of interpretations of the provisions of all codes adopted under this chapter by any administrative official of the City.
(4) Develop standards. To develop and promulgate standards for the examination of applications for licenses or certificates issued under article III of this chapter.
(5) Adopt advisory standards. To adopt in whole or in part or adopt and modify advisory standards set forth in writing by the building code advisory board.
(6) In the event the chief building official of the city determines that an issue needs to be resolved that requires technical code expertise, an expert in the specified area may be retained by the City. The expert will serve as a resource and in an advisory capacity to the board.
(7) The chief building official of the city and the applicant shall mutually agree upon the qualified expert.
(b) Alternative materials. It shall be the duty and power of the building code board to act as a board of adjustment and appeals with regard to matters arising from enforcement of this chapter as follows: upon appeal, to determine the suitability of alternative materials and methods of construction in enforcement of the provisions in subsection (a) of this section.
(c) Building conservation. The building code board shall:
(1) Review and approve proposals for alternate construction and materials where it is alleged that strict adherence to current building code requirements would excessively damage the historic character of existing structures in the city deemed by the city council pursuant to section 146-1998 to be of significant historic value or community significance.
(2) Develop and promulgate standards for the adaptive renovation of existing historically significant structures within the city where strict adherence to the current building code standards would render such renovations prohibitively expensive or excessively damage the historic character of such structures.
(d) Procedures and bylaws. The building code board shall adopt rules of procedure and bylaws necessary for the transaction of business consistent with this article.
(e) Written record. The building code board shall make or cause to be made a written record of the building code board's procedures, votes taken, examinations and other official actions. Every order, decision or determination rendered pursuant to an appeal shall be filed with the office of the city attorney.
(f) Other powers and duties. The building code board shall have such other powers and duties as described in this Code.
(g) Variance from quality construction standards. The planning commission shall have the duty and power to hear and decide upon appeal in specific cases at a public hearing requests for variances from the quality construction standards in chapter 146, and may grant variances from such standards where:
(1) There are unique, unnecessary, and unreasonable hardships in the way of carrying out the strict letter of such standards; or
(2) The commission finds that the alternatives to the standards proposed by the applicant achieve a high quality of design, which does not affect adversely abutting properties or the surrounding neighborhood.
The director of planning shall establish application submittal requirements for a variance request. A decision by the planning and zoning commission may be appealed by an applicant or abutting property owner or called up by city council as provided by chapter 146 for the review of site plans. (Ord. No. 2006-78, § 1(Exh. A), 1-8-2007)