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Home My WebLink About2011-58 - Building and Fire Board Of AppealsRESOLUTION NO. 2011 -58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RELATING TO THE MEMBERSHIP, TERMS, AND RESPONSIBILITIES OF THE BUILDING AND FIRE BOARD OF APPEALS; AND WAIVING COUNCIL POLICY A -2 RELATIVE TO THE NUMBER OF TERMS THAT MEMBERS OF THE BUILDING AND FIRE BOARD OF APPEALS CAN SERVE. WHEREAS, the City Council of the City of Newport Beach has multiple Boards and Commissions that assist the Council in serving the needs of the Newport Beach Community; and WHEREAS, these Boards and Commissions are invaluable in encouraging public participation and engagement; and WHEREAS, Boards and Commissions follow Charter Section 700 et seq. and Council Policy A -2 (Board and Commission Appointments); and WHEREAS, the Building and Fire Board of Appeals was established in 1975 by the Uniform Building Code, and has been amended by the City over the years. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach. as follows: SECTION 1. The charge of the Building and Fire Board of Appeals has been 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. SECTION 2. The Building and Fire Board of Appeals shall follow the provisions of Council Policy A -2 relative to annual vacancies on the Board of Appeals, and shall follow the schedule set forth in Ordinance No. 2011 -14 relative to appointments. SECTION 3. The City Council desires to waive the provision of Council Policy A -2 that stipulates that the terms shall not be for more than two (2) consecutive four (4) year terms since the Building and Fire Board of Appeals does not meet on a regular basis, sometimes not meeting in a single year. SECTION 4. The City Council amends the Building and Fire Board of Appeals membership, term, and purpose and responsibilities as described in the attachment to this Resolution. SECTION 5. The City Council finds that this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 6. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 28t" day of June, 2011 Michael . Henn Mayor of Newport Beach ATTEST: � th K Leilani I. Brown City Clerk Attachment: Information for the Board and Fire Board of Appeal's page of the Boards, Commissions, and Committees Manual BUILDING AND FIRE BOARD OF APPEALS AUTHORIZATION: Established by Uniform Building Code, Vol. 1, Chapter 2, by Ordinance No. 1604; amended by Ordinance No. 82 -22, adopted October 12, 1982; and responsibilities amended by Resolution No. 86 -84 on September 22, 1986; amended by Ordinance No. 97- 31 on August 11, 1997; amended by Ordinance No. 2006 -11 on May 9, 2006; amended by Ordinance No. 2011- on July 12, 2011. MEMBERSHIP: r''�ezTSeven (7) members appointed by the City Council. Twe ef whem shall be physic-ally disabled as defined by the Stafe -of Califer-rda Disabled Aeeess Standards repeated herein below. TERM: Tate Each member shall serve a term of four (4) years and such terms shall be on a staggered basis, pursuant to Ordinance No. 2011- PURPOSE & RESPONSIBILITIES: A. Determine the suitability of alternate materials and methods of construction; B. Provide for reasonable interpretations of the provisions of the Building and Fire Codes and any other matter specified in the Newport Beach Municipal Code; C. To ratify the Bui4ding Offieial's findings and detenninations regarding disabled aeeess matters and to-To hear written appeals brought by any person regarding the Building Official's or the Fire Marshal's orders, decisions or determinations; D. Five (5) members of the Building and Fire Board of Appeals shall act as the Rehabilitation Commission and conduct hearings on abatement of substandard buildings in accordance with Chapter 15.28 of the Newport Beach Municipal Code. The Secretary to the Building and Fire Board of Appeals shall select the five (5) Rehabilitation Commissioners from the seven Section I - Page 2 (7) members of the Building and Fire Board of Appeals on a rotating basis. MEETING: As called STAFF LIAISONS: Building Official, and Fire Marshal, as appropriate Section I - Page 2(a) 07 '-- 1° -2AP6 07 -12 -2011 ■ Y sop MOM MIR"M Section I - Page 2(a) 07 '-- 1° -2AP6 07 -12 -2011 BUILDING AND FIRE BOARD OF APPEALS AUTHORIZATION: Established by Uniform Building Code, Vol. 1, Chapter 2, by Ordinance No. 1604; amended by Ordinance No. 82 -22, adopted October 12, 1982; and responsibilities amended by Resolution No. 86 -84 on September 22, 1986; amended by Ordinance No. 97- 31 on August 11, 1997; amended by Ordinance No. 2006 -11 on May 9, 2006; amended by Ordinance No. 2011 -14 on July 12, 2011. MEMBERSHIP: Seven (7) members appointed by the City Council. TERM: Each member shall serve a term of four (4) years and such terms shall be on a staggered basis, pursuant to Ordinance No. 2011 -14. PURPOSE & RESPONSIBILITIES: A. Determine the suitability of alternate materials and methods of construction; B. Provide for reasonable interpretations of the provisions of the Building and Fire Codes and any other matter specified in the Newport Beach Municipal Code; C. To hear written appeals brought by any person regarding the Building Official's or the Fire Marshal's orders, decisions or determinations; D. Five (5) members of the Building and Fire Board of Appeals shall act as the Rehabilitation Commission and conduct hearings on abatement of substandard buildings in accordance with Chapter 15.28 of the Newport Beach Municipal Code. The Secretary to the Building and Fire Board of Appeals shall select the five (5) Rehabilitation Commissioners from the seven (7) members of the Building and Fire Board of Appeals on a rotating basis. MEETING: As called Section I - Page 2 07 -12 -2011 STAFF LIAISONS: Building Official and Fire Marshal, as appropriate Section I - Page 2(a) 07 -12 -2011 BUILDING AND FIRE BOARD OF APPEALS AUTHORIZATION: Established by Uniform Building Code, Vol. 1, Chapter 2, by Ordinance No. 1604; amended by Ordinance No. 82 -22, adopted October 12, 1982; and responsibilities amended by Resolution No. 86 -84 on September 22, 1986; amended by Ordinance No. 97 -31 on August 11, 1997, amended by Ordinance No. 2006 -11 on May 9, 2006; amended by Ordinance No. 2011 -14 on July 12, 2011. MEMBERSHIP: Seven (7) members appointed by the City Council. TERM: Each member shall serve a term of four (4) years and such terms shall be on a staggered basis, pursuant to Ordinance No. 2011 -14. PURPOSE & RESPONSIBILITIES: A. Determine the suitability of alternate materials and methods of construction; B. Provide for reasonable interpretations of the provisions of the Building and Fire Codes and any other matter specified in the Newport Beach Municipal Code; C. To hear written appeals brought by any person regarding the Building Official's or the Fire Marshal's orders, decisions or determinations; D. Five (5) members of the Building and Fire Board of Appeals shall act as the Rehabilitation Commission and conduct hearings on abatement of substandard buildings in accordance with Chapter 15.28 of the Newport Beach Municipal Code. The Secretary to the Building and Fire Board of Appeals shall select the five (5) Rehabilitation Commissioners from the seven (7) members of the Building and Fire Board of Appeals on a rotating basis. MEETING: As called Section I - Page 2 06 -28 -2011 STAFF LIAISONS: Building Official and Fire Marshal, as appropriate. Section I - Page 2(a) 06 -28 -2011 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2011 -58 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of June, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Gardner, Selich, Curry, Daigle, Mayor Henn Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of June, 2011. City Clerk Newport Beach, California (Seal)