[HISTORY: Adopted by the Village Council of the Village of New Haven 7-8-2014 by Ord. No. 327. Amendments noted where applicable.]
There is hereby established a Construction Board of Appeals, which shall perform its duties and exercise its powers as provided in Act 230 of the Public Acts of 1972, as amended, commonly known as "Construction Code Act," in such a way that the objectives of this chapter shall be observed, public safety secured, substantial justice done. The Construction Board of Appeals shall consist of three members, and three alternate members, who are appointed by and sit at the pleasure of the Village President pursuant to MCLA § 125.1514.
A member of the Board of Appeals shall be qualified by experience or training, to perform the duties of members of the Board of Appeals. A person may serve on the Board of Appeals of more than one governmental subdivision. One member may be a member of the Village Council. An elected officer of the Village Council shall not serve as chairperson of the Construction Board of Appeals. An employer or contractor of the Village may not serve as a member or employee of the Village Construction Board of Appeals. The total amount allowed the Construction Board of Appeals in any one year as per diem or as expenses actually incurred in the discharge of the duties shall not exceed a reasonable sum, which sum shall be appropriated annually in advance by the Village Council. Members of the Construction Board of Appeals shall be removable by the Village Council for nonperformance of duty or misconduct in office upon written charges and after public hearing. A member shall disqualify himself or herself from a vote in which he or she has a conflict of interest. The failure of a member to disqualify himself or herself from a vote in which he or she has a conflict of interest may constitute misconduct in office.
The term of each member shall be for two years. A successor shall be appointed not more than one month after a given vacancy. All vacancies for unexpired terms shall be filled for the remainder of the term.
The Village Construction Board of Appeals shall not conduct business unless a majority of the members of the Board are present.
Editor's Note: See MCLA § 125.1501 et seq.
All meetings of the Village Construction Board of Appeals shall be held at the call of the chairperson and at such other times as the Board on its rules of procedure may specify.
All business which the Board of Appeals may perform shall be conducted at a public meeting of the Board of Appeals held in compliance of Act 267 of the Public Acts of 1976. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act 267 of the Public Acts of 1976.
Editor's Note: See MCLA § 15.261 et seq.
The Construction Board of Appeals shall adopt its own rules of procedure and keep a record of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating said fact; and shall file a record of its proceedings in the office of the Village Clerk, and shall be of public record. The concurring vote of a majority of the members of the Construction Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of the Village of New Haven enforcing agency or to decide in favor of an applicant any matter upon which they require to pass under the ordinances of the Village to effect any variation pursuant to said ordinances. The Board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it.
If the Village Building Department refuses to grant an application for a building permit, or if the enforcing agency makes any other decision pursuant or related to the Construction Code Act or the applicable building, electrical, plumbing, or mechanical code, an interested person or the person's authorized agent may appeal in writing to the Construction Board of Appeals. The Construction Board of Appeals shall hear the appeal and render and file its decision with a statement of reasons for the decision to the Village of New Haven Clerk not more than 30 days after submission of the appeal. Failure by the Board of Appeals to hear an appeal and file a decision within the time limit is a denial of the appeal for purposes of authorizing the institution of an appeal with the State Construction Code Commission. A copy of the decision and the reasons for the decision shall be delivered or mailed, before filing, to the party taking the appeal.
The Village Council may from time to time prescribe and amend by resolution a reasonable schedule of fees to be charged to applicants for appeals to the Construction Board of Appeals. At the time the notice for appeal is filed, said fees shall be paid to the Treasurer of Village of New Haven.
The Construction Board of Appeals may affirm or reverse, wholly or in part, or may modify the order, requirement, decision, or determination which in its opinion ought to be made in the premises, and to that end shall have the powers of the office or body from whom the appeal was taken and may issue or direct the issuance of a permit.
The Construction Board of Appeals shall also have the following specified duties and powers:
Review. Shall hear and decide appeals from and review any order requirement, decision, or determination made in the administration of the New Haven building codes by the building, plumbing, electrical, or mechanical inspector.
Interpretation. Shall have the power to hear and decide upon appeals for the interpretations of the applicable building codes.
Variances. The Construction Board of Appeals, as per section 15 of the Construction Code Act, after a public hearing, may grant a specific variance to a substantive requirement of the applicable code if the literal application of the substantive requirement would result in an exceptional or practical difficulty to the applicant, and if both of the following requirements are satisfied:
The performance of the particular item or part of the building or structure with respect to which the variance is granted shall be adequate for its intended use and shall not substantially deviate from performance required by the code of that particular item or part for the health, safety and welfare of the people of this Village.
The specific condition justifying the variance shall be neither general nor recurrent in nature as to make an amendment of the code with respect to the condition reasonably practical or desirable.
The Construction Board of Appeals may attach in writing any condition in connection with the granting of a variance that in its judgment is necessary to protect the health, safety, and welfare of the people of this Village. The breach of a condition shall automatically invalidate the variance and any permit, license, and certificate granted on the basis of it.
In no case shall more than minimum variance from the code be granted than is necessary to alleviate the exceptional, practical difficulty.
Editor's Note: See MCLA § 125.1515.
Decision. The decision of the Construction Board of Appeals shall be made in writing with a statement of the reasons for the decision. A record of the decisions made by the Construction Board of Appeals, properly indexed, and any other writing prepared, owned, used, in possession of, or retained by the Board of Appeals in the performance of an official function shall be made available to the public in compliance with Act 442 of the Public Acts of 1976.
Editor's Note: See MCLA § 15.231 et seq.
Rules. The Construction Board of Appeals may, from time to time, establish, modify, or amend its rules regarding its procedures as long as said procedures do not conflict with the State Construction Act and the requirements therein.
An interested person, or the interested person's authorized agent, may appeal a decision of the Construction Board of Appeals in which the appeal meets the requirements as set forth in Section 16 of the Construction Code Act 230 of the Public Acts of 1972, as amended, and also referenced as MCLA § 125.1516.