Loading...
HomeMy WebLinkAboutAppeals Board October 1 2019Summary – Building Code Board of Appeals Lashaway – inaugural board member General The Bozeman Municipal Code provides for the adoption of specified building codes. In general, it is the Chief Building Official’s (CBO) responsibility to administer and interpret the various building codes to protect the health and safety of the community. In addition to plan review, inspection and enforcement, the CBO also assists customers in developing solutions that satisfy the intent of the codes when problems arise. Occasionally, under unique circumstances, the CBO and a customer might reach impasse on some proposed alternative means to attempt to satisfy a code provision or on the CBO’s interpretation of a specific code provision. Consequently, to assure that adequate administrative recourse exists to review and judge decisions made by the CBO, the code provides for the establishment of a Board of Appeals. The Building Code Board of Appeals (originally authorized by the Uniform Building Code and subsequently continued under the current International Residential Code) was established under Commission Resolution 2483, adopted October 3, 1983, and is authorized to,”….determine the suitability of alternative materials and methods of construction and to provide reasonable interpretation of the Building, Plumbing, Mechanical and Electrical Codes adopted by the City of Bozeman.” The Board comprises five (5) voting members (appointed by the City Commission) who are qualified by experience and training to pass upon matters pertaining to building construction. The five voting members of the Board serve staggered, three-year terms. The CBO is an ex officio, non-voting member of the Board and acts as secretary. A City Commissioner is appointed to be liaison to the Board. In accordance with Section R112 of the International Residential Code (IRC), the Board is expressly prohibited from granting variances or waiving any requirements of the code. Therefore, an appeal must be based on a claim that the true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply or an equally good or better form of construction is proposed. Decisions by the Board represent the final administrative appeal. This board is quasi-judicial, with its decisions appealed to the District Court (not the City Commission). The Board of Appeals meets at least once per year to maintain administrative effectiveness and at other times only as necessary to conduct hearings and render decisions for appeals filed through the Bozeman Building Division. Activity History Other than to maintain administrative effectiveness as noted above, the Board of Appeals has met infrequently in response to rare calls to discharge its unique and essential responsibilities. Here is an inclusive list of all the appeals that occasioned a meeting of the Board since its inception in 1983: 1. May, 1984 (P. Newhaller) – Handicapped access to Fitness Club 2. Jan, 1988 (M Coil) – Windows prohibited within 5 ft of property line 3. Oct, 1995 (School Dist 7) – Restroom doors, Sacajawea Middle School 4. Dec, 1996 (K. Albrecht) – Determine legal standing regarding potential appellant 5. Mar, 1998 (Deaconess Hosp) – Occupancy group rating for Dialysis Center 6. Sept, 2009 (Bakich) – Roof ice dam requirements In review, the Board of Appeals has met only 6 times, over the past 35 years, to hear appeals. It should be obvious then, that the Board of Appeals has effectively functioned as – and should function as – the administrative, problem-adjudication mechanism of last resort, i.e., to address issues that just cannot be resolved through the diligent, good-faith efforts of all the parties involved. This lack of appeals is primarily a reflection of the dedicated, professional, collaborative working relationship maintained by the Building Division and its customers. It should also be recognized that the Bozeman Fire Code Board of Appeals, established in 1997, has never had occasion to meet to hear an appeal. Again, the absence of appeals is primarily a reflection of the dedicated, professional, collaborative working relationship maintained by the Fire Dept and its customers.