Chapter 2.56



BUILDING AND FIRE BOARD OF APPEALS

2.56.010 Established.
2.56.020 Composition.
2.56.030 Appointment-Compensation.
2.56.040 Qualifications of members.
2.56.050 Terms of office.
2.56.060 Vacancies.
2.56.070 Removal of members.
2.56.080 President-President pro tempore-Secretary.
2.56.090 Regular meetings.
2.56.100 Special meetings.
2.56.110 Quorum-Adjournment.
2.56.130 Powers and duties generally.
2.56.150 Cooperation of city officials.
2.56.160 Limitation on liability.


2.56.010 Established.


A building and fire board of appeals is established in and for the city. (Ord. 5103 º 1, 1995: prior code º 3-28)

2.56.020 Composition.


The building and fire board of appeals shall consist of five members. The building official shall serve as an ex officio member, and the fire marshal shall serve as an ex officio member for fire-related issues. Neither the building official nor fire marshal shall have any vote on matters brought before the board. The building official shall act as secretary to the board. (Ord. 5103 º 2, 1995: prior code º 3-29)

2.56.030 Appointment-Compensation.


The members of the building and fire board of appeals shall serve without compensation and shall be appointed by a majority of the council. (Ord. 5103 º 3, 1995: prior code º 3-30)

2.56.040 Qualifications of members.


A. Each member of the building and fire board of appeals shall be a qualified elector of the city at the time of his or her appointment and during his or her incumbency.

B. Each member shall be either active at the time of appointment or previously active in the building construction business. A minimum of two members, one of which shall be qualified to practice architecture or civil engineering in the state, shall also be qualified on matters pertaining to the Glendale building and safety code, pertaining to building regulations; and a minimum of one member shall be qualified on matters pertaining to the Glendale building and safety code pertaining to fire regulations, or pertaining to the area of fire protection. (Ord. 5103 º 4, 1995: prior code º 3-31)

2.56.050 Terms of office.


A. The terms of office for members of the building and fire board of appeals shall be three years or until their successors shall be appointed and qualified.

B. Members of the building commission serving on January 1, 1996, shall automatically become the members of the building and fire board of appeals, and shall continue to hold office until the expiration of the terms of their appointments or otherwise vacated. Thereafter, appointments other than appointments to complete unexpired terms shall be for three-year terms. (Ord. 5103 º 5, 1995: prior code º 3-32)

2.56.060 Vacancies.


Should a vacancy occur in the building and fire board of appeals for any reason, such vacancy shall be filled for the unexpired term in accordance with section 2.56.030 by an appointment an individual qualified in accordance with Section 2.56.040. (Ord. 5103 º 6, 1995: prior code º 3-33)

2.56.070 Removal of members.


Whenever in the discretion of the council, the best interests of the city shall be served, any member of the building and fire board of appeals may be removed from office by a majority vote of the council. (Ord. 5103 º 7, 1995: prior code º 3-34)

2.56.080 President-President pro tempore-Secretary.


A. Within ten days after their appointment, the members of the building and fire board of appeals shall meet in regular session and organize by electing from their members a president who shall hold office for one year.

B. It shall be the duty of the president to preside over all meetings of the board. In the president's absence, a president pro tempore may be elected to preside.

C. It shall be the duty of the secretary to keep a record of all proceedings of the board, transmit its findings and decisions to the appellant with duplicate copies to the building official and fire marshal, and perform other such duties as are usually performed by the secretary of a deliberative body. (Ord. 5103 º 8, 1995: prior code º 3-35)

2.56.090 Regular meetings.


The building and fire board of appeals shall meet in regular session at least once a month at a time and place selected by vote of its members unless no matters are submitted for the board's consideration. (Ord. 5103 º 9, 1995: prior code º 3-36)

2.56.100 Special meetings.


Special meetings of the building and fire board of appeals may be called by the president or by any three members. Written notice of each special meeting shall be in accordance with the Ralph M. Brown Act of the state. (Ord. 5103 º 10, 1995: prior code º 3-37)

2.56.110 Quorum-Adjournment.


Three members of the building and fire board of appeals shall constitute a quorum, but a lesser number may adjourn from time to time to a date certain. (Ord. 5103 º 11, 1995: prior code º 3-38)

2.56.130 Powers and duties generally.


A. The powers of the building and fire board of appeals shall be as follows:

1. Investigations. To investigate the operations of the building division and the ordinances of the city relating to the construction, alteration, repair, demolition or removal of buildings or structures in the city, and the need for changes in operating practice or in regulatory ordinances, to hold hearings on complaints, requests and proposals with respect to such matters, and to make recommendations to the city manager and the council accordingly.

2. Recommendations. To recommend to the city manager and the council the permit, inspection, plan checking and other fees to be collected by the building division and permit services center.

3. Changes in Administrative Policy. To recommend to the city manager changes of administrative policy which the building and fire board of appeals deems desirable in order that the building division and permit services center may better serve the people of the city.

4. Appeals. Pursuant to the Glendale building and safety code, the board is empowered to hear and decide appeals of orders, decisions or determinations made by the building official, the fire marshal or both, relative to the application and interpretation of the Glendale building and safety code. The board shall have no authority to waive the requirements of said code.

5. With the advice of the building official, the fire marshal or both, the board may adopt from time to time such rules of procedure for conducting appeals hearings as it may deem necessary to properly exercise its powers and duties.

6. Additional Duties. Such other powers and duties as may be conferred upon the building and fire board of appeals by ordinance.

B. The powers and duties of the building and fire board of appeals do not include the power of directing the conduct of the building division or the permit services center. (Ord. 5103 º 13, 1995: prior code º 3-40)

2.56.150 Cooperation of city officials.


All officers, divisions and division heads of the city shall cooperate and render all reasonable and necessary assistance to the building and fire board of appeals. (Ord. 5103 º 15, 1995: prior code º 3-42)

2.56.160 Limitation on liability.


Neither the building and fire board of appeals nor any member thereof shall incur any financial liability in the name of the city. (Ord. 5103 º 16, 1995: prior code º 3-43)