HomeMy WebLinkAbout2011-58 - 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
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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)