Chapter 10.15
BUILDING BOARD OF APPEALS
Sections:
10.15.010 Purpose.
10.15.020 Membership.
10.15.030 Removal.
10.15.040 Limitations of authority.
10.15.050 Tests.
10.15.060 Landslide hazard and earth subsidence areas.
10.15.010 Purpose.
The building board of appeals shall hear appeals from the building official's interpretation of the Uniform Building Code, determinations of suitable, alternative methods and materials and any other appeal delegated to a board of appeals pursuant to the State Building Codes, including but not limited to the Uniform Building Code, the Uniform Fire Code, the Uniform Code for Abatement of Dangerous Buildings, the Uniform Mechanical Code, the Uniform Plumbing Code and any and all other codes adopted pursuant to the direction and authority of Chapter 19.27 RCW. [Ord. 3456 § 2, 2003].
10.15.020 Membership.
A. There is created a building board of appeals consisting of members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the city of Edmonds. The technical expertise of board members may be supplied through training or experience as an architect, builder, fire inspector, mechanical or electrical expert, plumber, engineer, or others with similar technical training. Four of the board members shall be active, practicing members of one of the prior listed disciplines or professions and the fifth shall be a citizen familiar with any of the previously referred to disciplines or professions. The technical members of the board with the required professional or technical expertise may be appointed, regardless of where such individuals reside. The lay person shall be a resident of the city of Edmonds. Members of the board shall be appointed by the mayor and confirmed by the city council.
B. Alternative Members. In addition, up to three alternative technical members and one alternative lay member may be appointed by the mayor subject to the confirmation of the city council. Such alternates shall serve when required in order to assure a five-member panel consisting of four technical persons and one lay representative.
C. Term. On the date of initial appointment to the board, the mayor shall appoint two technical members to two-year terms, two technical members to four-year terms and the lay member to a three-year term. Thereafter, members, whether technical or lay, regular or alternative, shall be appointed to four-year terms.
D. The building official shall serve as an ex-officio member of the board and act as the secretary to said board, but shall have no vote on any matter before the board; provided, however, that the fire chief shall serve as an ex officio member on appeals relating to the Uniform Fire Code and act as secretary with respect to such cases. [Ord. 3456 § 2, 2003].
10.15.030 Removal.
Members of the board of appeals shall serve at the pleasure of the city and may be removed at any time for any reason which the mayor, with confirmation of the city council, deems to be in the public interest. Any member who is unavailable for three consecutive appeals shall be automatically removed and a new member or alternate appointed. [Ord. 3456 § 2, 2003].
10.15.040 Limitations of authority.
A. The building board of appeals shall have no authority relative to the interpretation of the administrative provisions of any of the State Building Codes, nor shall the board be empowered to waive any requirement of any such code.
B. The provisions of the State Building Code as adopted by the city are not intended to prevent the use of any material, alternate design or method of construction not specifically prescribed by this code, provided any alternative has been approved and its use authorized by the building official or on appeal or request for review by the building board of appeals.
C. The building board of appeals, on review, may approve the use of any material, alternate design or method of construction providing that it finds that the proposed design is satisfactory and complies with the provisions of this code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the applicable code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.
D. The building board of appeals shall require that sufficient evidence or proof be submitted to substitute any claims that may be made regarding its use. The details of any action granting approval of alternate design or method of construction shall be recorded and entered in the written decision of the board. [Ord. 3456 § 2, 2003].
10.15.050 Tests.
The appellant bears the burden of proof in any proceeding before the board. If there is insufficient evidence of compliance with any of the provisions of this code or evidence that any material or construction does not conform to the requirements of this code, the appeal from the decision of the building official shall be denied. The board may also continue any proceeding in order to permit the appellant or applicant to provide proof of compliance through tests conducted in accordance with general engineering practice and best scientific evidence. Such tests shall be made by the applicant or appellant and at no expense to the jurisdiction. Test methods shall be as specified by the applicable building code or by other recognized testing standards. If there are not recognized and accepted test methods for the proposed alternate, testing methods shall utilize generally accepted engineering practice and best scientific method. Reports of such tests shall be retained and made a part of the record of the proceeding. [Ord. 3456 § 2, 2003].
10.15.060 Landslide hazard and earth subsidence areas.
Nothing herein shall be interpreted to permit the board to hear any appeal, nor any request for deviation of design or alternative methods with respect to any property lying within a recognized landslide hazard and earth subsidence area or which is otherwise subject to the requirements of Chapter 19.05 ECDC. [Ord. 3456 § 2, 2003].