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Home My WebLink About2011-14 - Amending Section 14.30.030(D) and Adding Chapter 15.80 to Title 15 of the Newport Beach Municipal Code, Pertaining to the Building and Fire Board of AppealsORDINANCE NO. 2011 -14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 14.30.030(D) AND ADDING CHAPTER 15.80 TO TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO THE BUILDING AND FIRE BOARD OF APPEALS WHEREAS, the City of Newport Beach ( "City ") adopts an updated version of the California Building Code and Fire Code once every three years; and WHEREAS, both the California Building Code and Fire Code require the City to create a board to hear and decide appeals of orders, decisions, or determinations made by the City's building official and fire marshal relative to the application and interpretation of the respective codes; and WHEREAS, City Charter Section 700 authorizes the City Council to create by ordinance advisory boards or commissions, and grant to them such powers and duties as are consistent with the provisions of the City's Charter; and WHEREAS, the City desires to create a Building and Fire Board of Appeals to hear and decide appeals of orders, decisions, or determinations made by the City's building official and fire marshal relative to the application and interpretation of the California Building Code and Fire Code and any other matter specified in the Newport Beach Municipal Code. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby ordain, as follows: SECTION 1: Section 14.30.030(D) of Chapter 14.30 is hereby amended to read as follows: Any decision of the Building Official pursuant to this Chapter may be appealed by any interested party to the Building and Fire Board of Appeals, pursuant to Chapter 15.80 of the Newport Beach Municipal Code. SECTION 2: Chapter 15.80 is hereby added to Title 15 to read as follows: Section 15.80.010 — Building and Fire Board of Appeals. 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 building code (Chapter 15.02 through Chapter 15,14) and fire code (Title 9), as adopted by the City, and any other matter specified in the Newport Beach Municipal Code, there shall be and is hereby created a 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, building service equipment, fire protection and fire protection equipment. The Building Official and the Fire Marshal shall be ex officio members and shall act as secretary to said board but shall have no vote upon any matter before the board. The Building and Fire Board of Appeals shall be appointed by the City Council and shall not include any employees of the City of Newport Beach. The board shall adopt rules of procedure for conducting its business and it may recommend to the City Council such new legislation as is consistent therewith. Section 15.80.020— Appointment Schedule. All current qualified members of the Building and Fire Board of Appeals shall remain as members. Board members shall be appointed by the City Council on a staggered schedule with the first appointment occurring in 2011. Two (2) members shall be appointed in 2012, an additional two (2) members shall be appointed in 2013, and an additional two (2) members shall be appointed in 2014. Each appointment shall be for a four (4) year term. Section 15.80.030 —Basis of Appeal. An application for appeal of orders, decisions or determinations made by the Building Official or the Fire Marshal shall be based on a claim that the true intent of either the building code or fire code or their related rules, as adopted by the City, have been incorrectly interpreted, do not apply, or an alternate equally good or better form of construction or method of protection or safety exists. The Building and Fire Board of Appeals shall have no authority to waive the requirements of the City's adopted building and fire codes or their related rules. 15.80.040 Time Limits. Appeals shall be initiated within fourteen (14) days of the order, decision or determination being appealed. 15.80.050 Initiation. A. Filing of Appeals. Appeals shall be made by any interested person in writing to the Community Development Director. B. Fee. Appeals shall be accompanied by a fee as established by resolution of the City Council. C. Effect on Decisions. Orders, decisions or determinations that are appealed shall not become effective until the appeal is resolved by the Building and Fire Board of Appeals. iiN4:I1xIX111 '�TrrrM_ A. Hearing Date. An appeal shall be scheduled for a hearing before the Building and Fire Board of Appeals within thirty (30) days of the filing of the appeal unless both appellant and the City consent to a later date. B. Notice and Public Hearing. An appeal hearing shall be a public hearing. Notice of appeal hearings shall be given in the manner required for other public hearings within the City. C. Plans and Materials. At an appeal hearing, the Building and Fire Board of Appeals shall consider only the same application, plans and project - related materials that were the subject of the original order, decision, or determination unless a majority of the Building and Fire Board of Appeals decides new information shall be allowed. D. Hearing. At the appeal hearing, the Building and Fire Board of Appeals shall review the record of the original order, decision, or determination and hear testimony of the appellant and any other interested party. E. Required Findings. At the appeal hearing, the Building and Fire Board of Appeals shall make the findings prescribed for the original order, decision, or determination when affirming, modifying or reversing the original order, decision. or determination. F. Decision and Notice. After the hearing, the Building and Fire Board of Appeals shall affirm, modify or reverse the original order, decision, or determination. When an order, decision, or determination is modified or reversed, the Building and Fire Board of Appeals shall state the specific reasons for modification or reversal. The Community Development Director shall mail written notice of the decision to the appellant within ten (10) working days of the close of the hearing. G. Final. The decision of the Building and Fire Board of Appeals shall be final with no appeal rights to the City Council. Section 15.80.070 — Repeal of Conflicting Provisions. All prior ordinances and resolutions relating to the Building and Fire Board of Appeals that conflict with Chapter 15.80 are hereby repealed. SECTION 3: 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 any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 4: The City Council finds that this ordinance 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 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 6: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 28th day of June, 2011, and adopted on the 12th day of July, 2011, by the following vote, to wit: AYES, COUNCILMEMBERS Mayor Henn, Rosansky. Hill. Daigle. Selich. Gardner, Curry NOES, COUNCILMEMBERS None ABSENT COUN ILMEMBER None MAYOR Michael F. Henn OFFICE OF THE CITY ATTORNEY David R. Hunt City Attorney M Mk-k- Leilani Brown City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } as. 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 ordinance, being Ordinance No. 2011 -14 was duly and regularly introduced on the 28th day of June, 2011, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of July, 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 13th day of July, 2011. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2011 -14 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: Introduced Ordinance: July 2, 2011 Adopted Ordinance: July 16, 2011 qq^� � In witness whereof, I have hereunto subscribed my name this Yy "' day of �uL� 2011. J VUIlV1MW P Lyy! �'' City Clerk City of Newport Beach, California