Sec. 26-83. - Duties and responsibilities.
(a) Powers. The board shall have the power to hear appeals of decisions and interpretations of the building official, and consider variances of the technical codes.
(b) Appeals. The owner of a building, structure or service system, or his duly authorized agent, may appeal a decision of the building official to the board whenever any one of the following conditions are claimed to exist:
(1) The building official rejected or refused to approve the mode or manner of construction proposed to be followed, or materials to be used, in the installation or alteration of a building, structure or service system.
(2) The provisions of this Code do not apply to the specific case.
(3) An equally good or more desirable form of installation can be employed in the specific case.
(4) The true intent and meaning of the technical code or any of the regulations under such code have been allegedly misconstrued or incorrectly interpreted.
(c) Variances. The board, when appealed to and after a hearing, may vary the application of any provision of the technical codes to any particular case when, in its opinion, the enforcement of such provision would do manifest injustice and be contrary to the spirit and purpose of the technical codes or public interest, and finds all of the following:
(1) Special conditions and circumstances exist which are peculiar to the building, structure or service system involved, and are not applicable to other buildings, structures or service systems.
(2) Special conditions and circumstances are not a result of the action or inaction of the applicant.
(3) Granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other buildings, structures or service systems.
(4) The variance granted is the minimum variance that will make the reasonable use of the building, structure or service system.
(5) The granting of the variance will be in harmony with the general intent and purpose of this Code, and will not be detrimental to the public health, safety and general welfare.
(d) Conditions of variance. In granting a variance, the Board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced and/or completed, and may prescribe appropriate conditions and safeguards in conformity with the technical codes. Violation of the conditions of a variance shall be deemed a violation of the technical code.
(e) Contractor license. Upon the disapproval of a license by the building official, the applicant shall be entitled to a hearing before the board. The aggrieved party must submit the request for a hearing in writing to the building official.
(Ord. No. 2019-30(9), § 1, 3-5-19)
