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Home My WebLink About09- Rules of Procedure - Building Board of Appeals BOZENIAN BUILDING CODE BOAP D OF APPEALS RULES of PROCEDURE The Bozeman Municipal Code provides for the adoption of specified building codes and the Bozeman City Commission established by resolution the Board of Appeals, mandating that the Board "shall adopt reasonable written rules and regulations for conducting its business."The following Rules of Procedure shall be in effect upon their adoption by the Board and until such time as they are amended or new rules adopted in the manner provided for herein. 1. General Rules 1.1Quorum: A majority(3) of the voting members (5) of the Board shall constitute a quorum and a quorum shall be necessary to conduct the business of the Board. If a quorum is not present, then those in attendance shall be named into the record and the Board shall adjourn to a later time. 1.2 Compelling Attendance: The Board may adjourn from day to day to compel the attendance of absent members. 1.3 Journal of Proceedings: An account of all proceedings of the Board shall be kept by the Building Official(or designated staff support); shall be kept on record by the City Building Division; and shall be open to public inspection. Minutes of each meeting shall be forwarded to the Cleric of the Commission for distribution to the City Commission. Due to the intermittent schedule of the Board's meetings, minutes shall be circulated to each Board member for approval and signature within three (3)weeks after each meeting. 1.4 Right of Floor: Any member desiring to speak shall be recognized by the Chair and shall confine their remarks to the subject under consideration or to be considered by the Board. 1.5 Building_Official: The Building Official is an ex-offrcio member of the Board and shall attend all meetings of the Board unless excused by the Board. The Building Official may make recommendations and shall have the right to participate in all discussions of the Board,but shall not have a vote. The Building Official shall provide staff support for the Board and perform such other duties as may be legitimately assigned by the Board. 1.6 Rules of Order: "Roberts Rules of Order Newly Revised," latest edition, shall govern the proceedings of the Board, except where they are in conflict with these rules. 2. Meetings 2.1 Meetings to be Public: Official business of the Board shall be conducted in meetings that are open to the public(except where executive session may be authorized by statute).Notice of meetings shall be published in accordance with the current open meeting notification process adopted by the City of Bozeman. 2.2 Call to Meet: Meetings may be called from time to time by the Chair or by a majority of the members of the Board. 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. The call to meet shall be communicated to the Building Official who will canvass the members and coordinate the meeting time, date,place,public notice, etc. 2.3 Adjourned Meetings: Any meeting of the Board may be adjourned as determined by the Board to a later date and time. 3. Chairperson and Duties 3.1 Chairperson: The Board shall annually, or at the next called meeting, select one of its members to serve as Chairperson. In the absence of the Chairperson, the meeting shall be called to order by the Building Official and the Board shall elect a temporary Chair. September,2009 Page 1 of 3 3.2 Preservation of Order: The Chair shall preserve order and decorum (the dignified propriety of behavior and speech),prevent attacks on personalities or the impugning of board members' motives, and confine members in debate to the question under discussion. 3.3 Points of Order: The Chairperson shall determine all points of order, subject to the right of any member to appeal to the Board. If any appeal is taken, the question shall be, "Shall the decision of the Chairperson be sustained." 3.4 Substitution for Chairperson: The Chairperson may call on any other member to temporarily chair the meeting in order to make a motion or to cover a temporary absence. Such substitution shall not continue beyond adjournment. 4. Order of Business and Agenda 4.1 Order of Business: The general rule as to the order of business shall be as follows: • Roll Call • Public Comment(Limited to any matter within the jurisdiction of the Board but not on the Board's Agenda.Three minute time limit per speaker) • Unfinished Business • New Business • Adjournment 4.2 Agenda: The order of business for each meeting shall be contained in the Agenda prepared by the Chairperson and/or the Building Official. The Agenda shall list topics to be considered by the Board and shall be made available to Board members at least 24 hours prior to the meeting. 4.3 Presentation by Board Members: The Agenda shall provide an opportunity for any Board member to bring before the Board any business that the member feels should be deliberated upon by the Board. Such matters need not be specifically listed on the Agenda. Immediate action may be taken upon a majority vote of the members present. 5. Appeal Procedure and Motions 5.1 Appellant's Right to Postpone: When five (5)voting members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing. 5.2 Jurisdiction to Act: The Board is prohibited from granting variances to any requirements of the code. Before taking action on a specific appeal,the Board shall first determine whether the matter presented is within the jurisdiction of the Board, i.e.,: a. The appeal requires that the Board determine the equally good suitability of alternate materials and/or methods of construction; or, b. The appeal requires that the Board make a reasonable interpretation of a code provision. 5.3 The Chairperson shall state all questions submitted for a vote. Votes may be by roll call as determined by the Chair. All votes shall be registered in the meeting record. 5.4 Majority Vote Required: An affirmative vote of at least a majority(3) of the total Board members eligible to vote (5) shall be required to pass any motion to modify or reverse the decision of the Building Official. Any motion not deciding a specific appeal may be adopted by a majority of the voting members present. 5.5 Voting Options: For non-roll call votes, each Board member shall respond"yes" (or aye), "no," or"abstain."When a roll call vote is called, each Board member shall respond "yes" (or aye), no,"«abstain, or"pass."Any Board member who responds "pass" shall be given the opportunity at the end of the roll call to change then vote to"yes, ""no,"or"abstain."Any initial "pass"response not so changed by the member shall be recorded as"abstain." 5.6 Tie Vote Lost: In the event of a tie in votes on any motion, the motion shall be considered lost. September,2009 Page 2 of 3 5.7 Written Decision: In the case of each appeal, the Board shall render its decision in writing to the Building Official within ten(10) days of the decision with a copy to the appellant. The written decision shall include the Board's Findings of Fact on which the decision is based. 6. Citizen's Rights 6.1 Addressing the Board: All hearings before the Board shall be open to the public. The appellant,the appellant's representative, the Building Official, and any person whose interests are affected shall be given an opportunity to be heard. Any person desiring to address the Board orally shall first secure the permission of the Chair. 6.2 Time Limit: Unless additional time is granted by the Board, appellants shall have 10 minutes to present their case and interested others shall have 3 minutes to present supporting testimony. All remarks shall be addressed to the Board as a body and questions for the Board shall be addressed through the Chair. 6.3 Conduct: The Chairperson may bar from further audience before the Board any person who fails to respect the order and decorum of the meeting. 6.4 Written Communications: Interested parties or their authorized representatives may address the Board at any meeting by written communication in regard to any matter within the jurisdiction of the Board or at any other time by submitting such to the Building Official and requesting distribution to the Board members. 7. Suspension and Amendment of these Rules 7.1 Suspension of these Rules: Any provision of these rules not governed by the Bozeman Municipal Code or one of the pertinent building codes may be temporarily suspended by a majority vote of the members in attendance. 7.2 Amendment of these Rules: These Rules may be amended or new rules adopted by a majority vote (3) of all members of the Board (5),provided that the proposed amendments or new rules have been introduced into the record at a prior board meeting. These Rules and Procedures adopted by the Board this 14 day of M�, 2009. Board Chairperson Attest/Building Official September,2009 Page 3 of 3