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HomeMy WebLinkAboutBuilding Code and Appeals Process Improvement Recommendations Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Fire Chief Jason Shrauger Chief Building Official Bob Risk Assistant City Manager Chuck Winn SUBJECT: Building Code and Appeals Process Improvement Recommendations MEETING DATE: September 21, 2009 AGENDA ITEM TYPE: Action RECOMMENDATION: Consider staff presentation regarding the currently adopted Building Code Appeals Process and recommended changes, direct staff as appropriate. BACKGROUND: On August 17, 2009 the City Commission received and discussed an action item concerning the Building Code Board of Appeals and associated Appeals Process. As a result of those discussions, direction was given to staff to research potential modifications to the existing process and update those areas that were in conflict. Additionally, members of the Commission asked several questions relating to the State Building Codes and the City's authority to modify code provisions adopted by the State. Building Code Board of Appeals Application for Appeal Form The first item of discussion was regarding the "Building Code Board of Appeals Application for Appeal." It was noted that the existing form contained language that was in conflict with the Building Code, specifically stating that the board had no authority to interpret administrative provisions of the code and could not waive requirements of the code. The intent of the appeals process is to provide a means of reviewing the building official's decision on an interpretation or application of the code, or to review the equivalency of protection to the code requirements. By rule, the Board of Appeals is specifically prohibited from waiving or setting aside building code requirements. As such the form has been updated to reflect this information and is attached to this memo for your review. Board of Appeals - Rules of Procedure The Bozeman Municipal Code provides for the adoption of specified building codes. Additionally, the City Commission has established by resolution the Board of Appeals and required the Board to "adopt reasonable written rules and regulations for conducting its business." The current Board of Appeals format was established on October 3, 1983 by Commission Resolution 2483. Shortly thereafter, the Board adopted its rules of procedures. Although these rules were appropriate and current 192 for the adopted codes at the time, they were not updated as the codes changed. When the City of Bozeman adopted the International Building Code (Administrative Order 2007-01) it did not adopt Section 112 which vaguely describes rules of procedure for the Board of Appeals. The existing Rules of Procedure had several references to outdated codes, as well as conflicting time frames between request for appeal and hearing date. At the September 14, 2009 meeting of the Board of Appeals new Rules of Procedure were adopted reflecting changes in adopted codes, updates to appeals process time frames and other general formatting items. The new Rules of Procedure are attached to this memo for your review. Time Between Request for Appeal and Board Hearing The Commission expressed concern with the length of time between when an appeal was requested and the actual hearing date. The original Rules of Procedure stated that the Board could meet within 30 days of application. Commissioners asked staff to shorten the time between application and hearing as construction projects might experience unacceptable delays as a result the 30 day time frame. The Board of Appeals has reviewed this issue and has adopted new language in their rules of procedure that state "a meeting shall be called by the Chair within ten (10) days of the filing of a written appeal to the Building Official or to conduct other business as otherwise called by the Chair". 10 days was chosen to facilitate scheduling of Board Members and Applicants as well as meeting public notification requirements. Commission Question: Can the City of Bozeman adopt its own codes? At the August 17, 2009 Commission meeting, discussion took place about the process the City of Bozeman uses to adopt its codes. It was asked if the Commission could amend the State adopted codes to have, in effect, a building code within the City that was different from the code adopted by the Department of Labor and Industry. We posed this question to Dave Cook of the Montana Department of Labor and Industry. In correspondence from Mr. Cook he states the following; "The state statutes that govern building codes are very clear of the "pass through" authority given to local jurisdictions regarding codes. What the state adopts the local jurisdictions must adopt" He further stated that "it boils down to uniformity in codes and enforcement across the state" ARM 24.301.131 subsection 2 lists some of the benefits of adopting this code. "The IBC is a nationally recognized model code setting forth minimum standards and requirements for building design, construction, alteration and repair. The IBC also provides a framework for program administration". Additionally, MCA 50-60-301 states that the City can only adopt codes that the State has adopted. Commission Question: Can a commissioner be a voting member of the Appeals Board (amend IBC Section 112)? Staff asked this question to Mr. Cook as well. His response was "the city cannot amend Section 112 because the state did not amend in rule for local jurisdictions". He also stated "The best Board of Appeals are those that are involved in the design - build business and not politically driven or composed of code enforcement employees". Currently the Commission appoints the members of the Board of Appeals. Also, a member of the commission is appointed to be a liaison to the Board. The liaison is a non-voting member but is allowed input to the process. 193 Commission Question: How do the apparent conflicting provisions of the Fair Housing Act and Building Code get resolved related to the Hope House? A question arose about the Fair Housing Act in relation to the Hope House and similar congregate living facility projects that may come in the future. The Chief Building Official has addressed this concern by administratively defining these types of facilities more clearly (see attached Administrative Order). Board of Appeals membership and need for members. The Board of Appeals has five seats and one alternate (to fill-in when a member is unable to attend.) Currently four of the five positions are filled. One appointee has been out of state for an extended time and is unavailable for hearings. It is difficult for the board to conduct business without a full board. As such, the Chair and remaining board members are in the process of contacting potential members and hope to have applications before the commission shortly. FISCAL EFFECTS: Fiscal effects depend on the direction provided by the Commission. Presently there are minimal costs when the board meets that include staff time and copying costs associated with preparing packets and minutes. ALTERNATIVES: As suggested by the City Commission. Attachments: Updated Board of Appeals Rules of Procedures September 14, 2009 Updated Request for Review Form September 14, 2009 ARM 24.301.131 MCA 50-60-301 Chief Building Official Memo to Staff August 28, 2009 Report compiled on: September 15, 2009 194 195 196 197 198 199 200 201 202