Chapter 19.80
BOARD OF APPEALS
Sections:
19.80.000 Purpose and applicability.
19.80.005 Application and fee.
19.80.010 Board of appeals membership.
19.80.015 Board of appeals procedures.
19.80.020 Powers and duties of the board.
19.80.025 Appeals from decisions of the board.
19.80.030 Snohomish County regional board of appeals.
19.80.000 Purpose and applicability.
A. All properly filed appeals pursuant to the adopted codes of this title shall be heard by the board of appeals created by this chapter. The board shall have no authority to review administrative decisions or grant modifications to the provisions of any administrative chapter as adopted by this title, nor can the board waive a code requirement.
B. The board of appeals shall hear appeals from the building official's interpretation of the adopted building codes, 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 International Building Code, the International Residential Code, the International Fire Code, the Uniform Housing Code, the State Historical Building Code, the Uniform Code for the Abatement of Dangerous Buildings, the International Fuel Gas Code, the International Mechanical Code, the Uniform Plumbing Code and any and all other codes adopted pursuant to the direction and authority of Chapter 19.27 RCW.
C. The provisions of the state building codes 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 board of appeals. [Ord. 3651 § 1, 2007].
19.80.005 Application and fee.
An application for appeal shall be filed with the building official upon a departmental form within 10 days of the date of formal written decision. The application shall be accompanied by the required fee as set forth in Chapter 19.70 ECDC and shall be complete in all aspects before the hearing shall be scheduled. Failure to supplement an incomplete application within 10 business days of filing shall constitute an incomplete application and the administrative recourse of appeal shall be denied. [Ord. 3651 § 1, 2007].
19.80.010 Board of appeals membership.
A. There is created a 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 shall be supplied through training or experience as an architect, builder, general contractor, developer, fire inspector, mechanical engineer, electrician, plumber, or structural engineer. The board members shall be active, practicing members of one of the prior listed disciplines or professions and include one lay person. Technical members of the board shall be appointed by the mayor and must reside in Snohomish County; the lay person shall be a resident of the city of Edmonds.
B. The board shall consist of nine voting members and four alternates appointed by the mayor. The board shall be comprised of persons with the following backgrounds or professional designations:
1. Position One. Structural engineer registered by the state of Washington with at least five years' experience.
2. Position Two. Certified fire protection specialist with at least five years' experience.
3. Position Three. Mechanical engineer registered by the state of Washington with at least five years' experience.
4. Position Four. Architect registered by the state of Washington with at least five years' experience.
5. Position Five. Electrician licensed by the state of Washington with at least five years' experience.
6. Position Six. Journeyman plumber licensed by the state of Washington with at least five years' experience.
7. Positions Seven and Eight. General contractor, developer or builder licensed by the state of Washington with at least five years' experience.
8. Position Nine. Citizen member of the city of Edmonds who is not associated with the building industry.
9. Alternates. Four additional alternates will be chosen to be called by the board during absence or disqualification of a member. Alternate members are required to meet one of the technical qualifications required for board membership. In the absence of any member of the board, the alternates shall be authorized to fill such temporary vacancy, regardless of the resulting composition of the board, with the full power accorded the regular member. The board chairman shall appoint the alternate. A permanent vacancy shall be filled by an alternate who is appointed by the mayor. Alternates may appear at all meetings but shall not vote unless they are filling a temporary vacancy.
C. Building Official Duties.
1. Hearing Secretary. The secretary of the board shall be the building official. The secretary shall be the custodian of the records, shall conduct official correspondence of the board and generally be responsible for clerical work of the board. The secretary shall be present at the appeal meetings and shall present all relevant information regarding appeals to the board, including the application and other information submitted by the appellant prior to the hearing. The secretary shall notify all interested parties regarding matters of the board.
2. Building Department Representatives. The building official shall be an ex officio member of the board without voting power.
D. Fire Department Representatives. The chief of the fire prevention bureau, or his authorized representative, shall be an ex officio member to the board without voting power. [Ord. 3651 § 1, 2007].
19.80.015 Board of appeals procedures.
A. Terms. As of the effective date of the ordinance codified in this title, the mayor shall appoint the initial board members to overlapping terms. Two technical members shall be appointed to a one-year term, two technical members shall be appointed to two-year terms, two technical members shall be appointed to three-year terms, and the remaining members shall be appointed to three-year terms. Following initial terms, subsequent terms of all board members and alternates shall be for three calendar years. No member of the board shall serve more than three consecutive full terms, or a total of more than nine consecutive calendar years.
B. Regular Meetings. Regular meetings may be held once each month, or as often as may be required. At the first regular meeting of each calendar year, the board shall elect a chairman and a vice chairman. The chairman of the board shall require that all members of the board be polled during voting at the meeting. Seven members of the board shall constitute a quorum.
C. Special Meetings. Special meetings may be held by the chairman and at such times as the board shall determine. The board, the city or an appellant may request a special meeting. Any special meeting held at the request of an appellant shall be paid for by the appellant in the amount set forth in Chapter 19.70 ECDC. Five members of the board shall constitute a quorum at special meetings.
D. Executive Sessions. Executive sessions of the board may be called pursuant to the State Open Public Meetings law by the chairman or the vice chairman of the board and are not open to the public. The building official shall attend as secretary.
E. Public Notice. Public notice shall be given of all meetings. Upon written receipt and confirmation of a complete appeal of a request, notice shall be sent to the fire department, the health department, the city attorney and the owner of the real estate and parties within 100 feet affected by the request. No hearing shall be scheduled until 15 days after the required hearing notifications are mailed. Meetings shall be open to the public. The appellant, the appellants' representative, the building official, and any person whose interests are affected shall be given an opportunity to be heard.
F. Oath/Subpoena. The chairman may administer oaths, accept affirmations and compel the attendance of witnesses. A failure or refusal to appear in response to a subpoena issued by the board shall constitute a violation of these adopted codes and be subject to the penalties as outlined in Chapter 19.85 ECDC.
G. Department/Interested Party. At any public meeting a representative of the city building and fire department and any other interested party may appear in person, by agent or by attorney, offer evidence and testimony and cross-examine witnesses. All evidence and testimony shall be presented publicly. The board may take judicial notice of facts to the same extent and in the same manner as courts of record and may consider relevant facts within the personal knowledge of any member of the board that are stated into the record by such member.
H. Recording. All meetings before the board shall be recorded.
I. Compensation. The board shall receive no compensation regardless of number or type of cases heard.
J. Removal. Board members shall be removed from office by the mayor prior to the end of their terms only for just cause. Any member who is unavailable for three consecutive appeal hearings shall be automatically removed and an alternate appointed as provided for herein.
K. Conflict of Interest. Members with a material or financial interest in a matter before the board shall declare such interest and refrain from participating in discussions, deliberations, and voting on such matters. [Ord. 3651 § 1, 2007].
19.80.020 Powers and duties of the board.
A. The board shall adopt rules and procedures governing all proceedings consistent with the provisions set forth herein. The rules and regulations shall include meeting location, meeting time, procedures, contents of a complete appeal application and time to be allotted for each case.
B. Subject to the limitations enumerated herein, the board shall have and may exercise the following powers:
1. The board 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.
2. 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 19.10 ECDC including effecting map changes.
3. The board, 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, design, or method 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. The decision of the building official shall not be overturned unless the board shall find that the following conditions exist:
a. That the appellant properly applied for an appeal;
b. That sufficient evidence, proof or testing reports were submitted by the appellant that substantiated claims of equivalency;
c. That the proposed modification or alternate will not weaken the general purpose of the adopted code;
d. That the proposed modification or alternate will be in harmony with the spirit and purpose of the adopted code;
e. That the proposed modification or alternate will not adversely affect the public health and safety;
f. That the proposed modification or alternate will not adversely affect the structural integrity of the building; and
g. That the proposed modification or alternate will not adversely affect the fire safety of the building.
4. To hear and decide appeals where it is alleged there is error in any notice or order made by the building official and/or fire marshal in the enforcement of the adopted codes in this title. The board shall have the power to stay the enforcement of any order issued by the building and/or fire department unless the building official and/or fire marshal certifies that a stay of the order or denial would, in the opinion of the building official and/or fire marshal, cause imminent peril to life or property. A stay shall not constitute board approval, shall be personal to the appellant and not transferable, and shall be subject to the terms and conditions imposed by the board. Any determination or order of the building and/or fire department shall be presumed to be correct until evidence is introduced that would support a contrary determination.
5. Whenever the owner or legally responsible person of an alleged unsafe building, structure, utility or other condition does not agree with the order from the building official and/or fire marshal as to the correction to be made, he shall have the right to appeal to the board within 10 days from the date of said order. In his appeal, the appellant shall state how he proposes to make the unsafe building, structure, utility or other condition safe and the board may require the appellant to submit detailed engineering analysis or recommendations, accompanied by plans and specifications prepared by a state licensed architect or registered professional engineer, as prescribed in this adopted code. The board, in hearing such appeals, may require substantiating data concerning the removal or other remedial steps to be taken to render the unsafe building, structure, utility or other condition safe. In any matter in which an order or notice relating to an unsafe building, structure, utility or other condition is appealed, the building and/or fire department may certify to the board that the unsafe building, structure, utility or other condition could become an imminent hazard, in which case the board shall schedule a meeting within five business days to hear said appeal.
C. Burden of Proof.
1. 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.
2. The board may continue any proceeding in order to permit the appellant 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 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 record of the proceedings.
D. Decision of the Board.
1. The board shall render formal written decisions within 10 days of the date of the hearing. Every decision of the board shall be based upon findings of fact and every finding of fact shall be supported in the record of its proceedings. A mere finding or recitation of the enumerated conditions unaccompanied by findings of specific facts shall not be deemed findings of fact and shall not be deemed compliance with the code. The building official shall take immediate action in accordance with the decision of the board.
2. Copies of the decision shall be forwarded to the appellant, a copy shall be placed in the appeal file and copies shall be made available to any person as a matter of public information. Decisions shall be filed with the building or fire department as a matter of public record.
3. In the exercise of the powers described above, the board may reverse or affirm, wholly or in part, or may modify the order, requirements, decision or determination appealed from the board, may impose conditions or requirements as deemed necessary and may hold cases in abeyance until proper information needed by the board is supplied. [Ord. 3651 § 1, 2007].
19.80.025 Appeals from decisions of the board.
A. The filing of a land use petition for review shall not stay proceedings upon the decision appealed but the court may grant a stay in accordance with the Land Use Petition Act.
B. All decisions of the board are appealable by Land Use Petition Act to Snohomish County superior court. [Ord. 3651 § 1, 2007].
19.80.030 Snohomish County regional board of appeals.
As to such time that a regional board of appeals is established within Snohomish County, the city reserves the right to replace the local city board of appeals with said regional board once an interlocal agreement is approved and adopted by council action. [Ord. 3651 § 1, 2007].