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1994 023 Ordinance
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1994 023 Ordinance
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Last modified
11/19/2018 4:00:47 PM
Creation date
8/22/2018 10:28:43 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
023
Date
12/19/1994
Year
1994
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ADIN9N1STRA710N <br />PM-1111 Membership of the board: The board of appeals <br />shall consist of five members appointed by the chief appointing <br />authority as follows: one for five years, one for four years, one <br />for three years, one for two years, and one for one year. There- <br />after, each new member shall serve for five years or until a <br />successor has been appointed. <br />PM-111.2.1 Qualifications: The board of appeals shall con- <br />sist of five individuals, one from each of the following profes- <br />sions or disciplines: <br />I. Registered design professional that is a registered ar- <br />chitect: or a builder or superintendent of building con- <br />struction with at least ten-years experience, five of <br />which shall have been in responsible charge of work. <br />2. Regrsrered design professional with structural en- <br />gineering or architectural experience. <br />3. Rc grsrcrcd design prnfessinnal with mechanical or <br />plermhing engineering experience; or a mechanical or <br />p(umhijrg contractor with at least ten-years experience, <br />five of which shall have been in responsible charge of <br />work. <br />4. Registered desigir professional with electrical en- <br />gineering experience; or an electrical contractor with at <br />least ten-years experience, five of which shall have <br />been in responsible charge of work. <br />5. Regrstel-ed design professional with fire protection en- <br />gineerins experience; or a fire protection contractor <br />with at least ten-years experience, five of which shall <br />have been in responsible charge of work. <br />PM-111.2Z Alternate members: The chief appointing <br />authority shall appoint two altemate members who shall be <br />called by the board chairman to hear appeals during the <br />absence or disqualification of a member. Alternate members <br />shall possess the same qualifications required for board mem- <br />bership, and shall be appointed for five years or until a <br />successor has been appointed. <br />PM-111.2.3 Chairman: T'he board shail annually select one <br />of its members to serve as chairman. <br />shall not require compliance with strict rules of evidence but <br />shall mandate that only relevant information be received. <br />PM-111.5 Postponed hearing: When five members are nc <br />present to hear an appeal, either the appellant or the appellant's <br />representative shall have the right to request a postponement of <br />the hearing. <br />PM-111.6 Board decision: The board shall modify or reverse <br />the decision of the code official by a concurring vote of three <br />members. <br />PM-111.6.1 Resolution: The decision of the board shall be <br />by resolution. Certified copies shall be furnished to the appel- <br />lant and to the code official. <br />PM-111.6.2 Administration: The code official shall tal:e <br />immediate action in accordance with the decision of the <br />board. <br />PM-111.7 Court review: Any person, whether or not a previous <br />party of the appeal, shall have the right to apply to the appropriate <br />court for a writ of certiorari to correct errors of law. Application <br />for review shall be made in the manner and time required by law <br />foilowing the filing of the decision in the office of the chief <br />administrative officer. <br />PM-111Z.4 Disqualification of inember: A member shall <br />not hear an appeal in which that member has any personal, <br />professional or financial interest. <br />PM-111.2.5 Secretarv: The chief administrative officer shall <br />designate a qualified clerk to serve as secretary to the board. <br />The secretarv shall File a detailed record of all proceedings in <br />the office of the chief administrative officer. <br />PM-111.2.6 Compensation of inembers: Compensation of <br />members shall be determined by law. <br />PM-111.3 Notice of ineeting: The board sha11 meet upon notice <br />from the chairman, within ten days of the filing of an appeal, or <br />at stated periodic meetings. <br />PM-111.4 Open hearing: All hearings before the board shall be <br />open to the public. The appellant, the appellant's representative, <br />the code official. and any person whose interests are affected <br />shall be given an opportunity to be heard. <br />PM-111.4.1 Procedure: The board shall adopt and make <br />available to the public through the secretary, procedures <br />under which a hearing will be conducted. The procedures
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