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HomeMy WebLinkAbout03 - Joint Building & Fire Code Appeals BoardCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 3 Date: 4/25/2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Building Department Jay Elbettar, 644 -3282, jelbettar @city.newport- beach.ca.us SUBJECT: Amendment to the 1997 Uniform Administrative Code Establishing a Joint Building and Fire Code Appeals Board. ISSUE: Should the City Council amend the Newport Beach Municipal Code to create a joint Building and Fire Code Appeals Board? RECOMMENDATION: Introduce the ordinance and pass to second reading on May 9, 2006. DISCUSSION: Back4round: Both the 2001 California Fire Code and 1997 Uniform Administrative Code are adopted by the City Council in Titles 9 and 15 respectively of the Newport Beach Municipal Code. The Uniform Administrative Code contains all the administrative provisions of the Building, Housing, Plumbing, Electrical and Mechanical codes. The administrative provisions cover organization, enforcement, permit processing, inspections, occupancy and appeal information. Both the Uniform Administrative Code and California Fire Code contain similar provisions requiring the establishment of a Board of Appeals in order to hear and decide appeals of orders, decisions or determinations made by the building and fire officials. These matters may include code interpretations and applicability as well as the suitability of alternative materials and methods of construction. Proposed 1997 Uniform Administrative Code Amendment April 25, 2006 Page 2 There are seven appointed members of the Board. Members hold office at the pleasure of the Council. There is currently a sitting Building Code Board of Appeals. There is not currently a Fire Code Board of Appeals. Section 17958 of the State of California Health and Safety Code allows local agencies to adopt the model codes with modifications and changes as necessary. Fiscal Considerations: The Building Code Board of Appeals is an existing board. There are no additional costs associated with this ordinance. CONCLUSION Staff is proposing an amendment to Section 204.1 of the Uniform Administrative Code which will create a joint Board of Appeals to hear and rule on interpretations and application of the Building, Fire, Housing, Plumbing, Electrical and Mechanical codes. It is the belief of both the Building Director and the Fire Chief that a single Board of Appeals would adequately address the requirements of both the Uniform Administrative Code and the Fire Code and thereby eliminate the unnecessary duplication of a City Board. Prepared and submitted by: Building Director Attachment: Proposed Ordinance CwnciNgnt appeals board me bldg staff reppd 9113106 ORDINANCE NO. 06- AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMMENDING CHAPTER 15.02 OF THE NEWPORT BEACH MUNICIPAL CODE TO AMEND THE UNIFORM ADMINISTRATIVE CODE, 1997 EDITION. WHEREAS, the 1997 Uniform Administrative Code was adopted by Ordinance 99 -14. WHEREAS, the Uniform Administrative Code establishes the Building Code Board of Appeals to rule on appeals related to building code matters. WHEREAS, Section 103.1.4 of 2001 California Fire Code establishes a similar appeal process to the Uniform Administrative Code. The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 15.02 of the Newport Beach Municipal Code is amended to read: 15.02.020 Amendment to Section 204 of the Administrative Code. Section 204 of the Administrative Code is amended to read as follows: SECTION 204.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official or the Fire Marshal relative to the application and interpretation of the technical code, there shall be and is hereby created a joint Building and Fire Board of Appeals consisting of seven (7) members who are qualified by experience and training to pass upon matters pertaining to building construction, and building service equipment, fire protection and fire protection equipment, two (2) of whom shall be physically disabled, and who are not employees of the City of Newport Beach. The Building Official or the Fire Marshal shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official or Fire Marshal, and may recommend to the City Council such new legislation as is consistent therewith. SECTION 2. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause, or phrase hereof, irrespective of the fact that one or more sections, subsections, clauses, or phrases be declared unconstitutional. SECTION 3. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 2006, and was adopted on the day of , 2006 by the following vote to wit: AYES, COUNCIL MEMBERS: NOES, COUNCIL MEMBERS: ABSENT, COUNCIL MEMBERS: MAYOR ATTEST: City Clerk