[Ord. No. 2474, 12-11-2018]
A person shall have the right to appeal a decision of the Code Official to the Board of Appeals regarding the adopted building codes for the City of Richmond. The adopted building codes of the City are set forth in Chapter 500, Articles I through VIII and include International Building Code; International Residential Code; International Mechanical Code; International Plumbing Code; International Fire Code; International Fuel Gas Code; and the National Electrical Code (collectively, the "building codes"). An application for appeal shall be based on a claim that the true intent of the adopted building codes or the rules legally adopted thereunder have been incorrectly interpreted, the provision of the adopted building codes do not fully apply, or an equally good or better form of construction is proposed. The application appealing the Code Official's determination shall be filed on a form obtained from the Code Official within twenty (20) days after the notice was served.
[Ord. No. 2474, 12-11-2018]
There is hereby established a board to be known as the Building
Codes Board of Appeals.
[Ord. No. 2474, 12-11-2018]
A.
The Board shall have no authority relative to interpretation of the
administration of this Code nor shall such board be empowered to waive
requirements to the adopted building codes.
B.
The Board shall recommend to the City Council any necessary Code
adoptions, supplements and any alterations or changes to the Code.
C.
The Board shall have the power to review the decisions of the Code
Official in the interpretation of the adopted building codes or any
related standard of the City of Richmond.
D.
The Board shall have the power to modify or reverse the decision
of the Code Official.
[Ord. No. 2474, 12-11-2018]
The Board shall consist of five (5) members appointed by the
Mayor, with the consent and approval of a majority of the members
elected to the City Council, as follows: one (1) for five (5) years;
one (1) for four (4) years; one (1) for three (3) years; one (1) for
two (2) years; and one (1) for one (1) year. Thereafter, each new
member shall serve for five (5) years or until a successor has been
appointed. Any vacancy shall be filled for the period of the unexpired
term through appointment by the Mayor, with the approval of the City
Council.
[Ord. No. 2474, 12-11-2018]
The Board shall consist of members who are qualified by experience,
license and training to pass on matters pertaining to building construction
and are not employees of the City. There shall be one (1) electrician,
one (1) plumber, one (1) mechanical, one (1) general contractor and
a licensed engineer or architect. To the maximum extent possible,
only one (1) representative of each trade may be appointed to the
Board.
[Ord. No. 2474, 12-11-2018]
The Mayor shall appoint two (2) alternate members who shall
be called by the Board Chairman to hear appeals during the absence
or disqualification of a member. Alternate members shall possess the
qualifications required for Board membership and shall be appointed
for five (5) years, or until a successor has been appointed.
[Ord. No. 2474, 12-11-2018]
The Board shall annually select one (1) of its members to serve
as Chairman.
[Ord. No. 2474, 12-11-2018]
The Mayor shall designate a qualified Clerk to serve as Secretary
to the Board. The Board shall keep minutes of its proceedings showing
the vote of each member upon every question or if absent or failing
to vote, indicating such fact, and shall keep records of its examinations
and other official actions. The Secretary shall file a detailed record
of all proceedings in the office of the City Clerk.
[Ord. No. 2474, 12-11-2018]
The members of the Board shall receive no compensation for the
performance of their duties.
[Ord. No. 2474, 12-11-2018]
The Mayor, with the consent of a majority of the City Council,
may remove from office any member of the Board for misconduct or neglect
of duty. Alternatively, the City Council may remove any member of
the Board for misconduct or neglect of duty by two-thirds (2/3) vote
independently of the Mayor's approval or recommendation. A member
shall not hear any appeal in which that member has a personal, professional
or financial interest.
[Ord. No. 2474, 12-11-2018]
Appeals to the Board may be taken by any person aggrieved by
a decision of the Code Official in relation to materials, equipment,
design, and types of construction required in their interpretation
of the adopted building codes and related standards of the City. Such
appeal shall be taken within twenty (20) days of the aggrieved action
taken by the Code Official by filing a written request for an appeal,
on a form obtained from the Code Official, specifying the grounds
thereon, together with a filing fee. The Code Official shall immediately
transmit to the Board all the papers constituting the record upon
which the action appealed from was taken. An appeal shall stay all
proceedings and furtherance of the actions appealed from unless the
Code Official certifies to the Board, after the notice of appeal is
filed, that a stay would cause immediate peril to life or property.
In such case, proceedings shall not be stayed other than by a restraining
order that may be granted by the Board or by a court of competent
jurisdiction with notice to the Code Official and on due cause shown.
The Board shall fix a time, date and place for the hearing within
twenty (20) days of the filing of an appeal, or at stated periodic
meetings. A notice of the hearing shall be mailed to the appellant's
last known address at least five (5) days prior to the date set for
the hearing. At the hearing, any party may appear in person or by
agent or by attorney.
[Ord. No. 2474, 12-11-2018]
All hearings before the Board shall be open to the public. The
appellant, the appellant's representative, the Code Official and any
person whose interests are affected shall be given an opportunity
to be heard. The Board shall adopt and make available to the public,
through the Secretary, procedures under which a hearing will be conducted.
The procedures shall not require compliance with the strict rules
of evidence, but shall mandate that only relevant information be received.
[Ord. No. 2474, 12-11-2018]
The Board shall be authorized to transact business upon the
presence of three (3) members; no less than three (3) members shall
constitute a quorum to do business. However, when five (5) members
are not present to hear an appeal, either the appellant or the appellant's
representative shall have the right to request a postponement of hearing.
[Ord. No. 2474, 12-11-2018]
A.
The Board shall modify or reverse the decision of the Code Official
by a concurring vote of three (3) members.
[Ord. No. 2474, 12-11-2018]
Any person or persons, jointly or severally aggrieved by any
decision of the Board, any neighborhood organization as defined in
Section 32.105, RSMo., representing such person or persons, or any
officer, department, board or bureau of the City may appeal to the
Ray County Circuit Court as established in Chapter 536, RSMo., within
thirty (30) days after the filing of the Board's decision in the office
of the City Clerk. An application for appeal shall be based on a claim
that the true intent of the adopted building codes, or the rules legally
adopted thereunder, have been incorrectly interpreted, the provisions
of the adopted building codes do not fully apply, or the requirements
of the adopted building codes are adequately satisfied by other means.
