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HomeMy WebLinkAbout019 - 02/17/1981 - AMENDING SECTION 204 OF THE UNIFORM BUILDING CODE, 1979 EDITION, AS IT RELATES TO A BUILDING BOARD O ORDINANCE NO 19 , 1981 BEING AN ORDINANCE OF THE CZWIL OF THE CITY OF FORT COLLINS AMENDING SECTION 204 OF THE UNIFORM BUILDING CODE, 1979 EDITION, AS IT RELATES TO A BUILDING BOARD OF APPEALS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Uniform Building Code, 1979 Edition, heretofore adopted is hereby amended by the deletion therefrom of Section 204 and the substitution therefor of the following °KK Sec 204 (a) In order to determine the suitability of alternate materials or alternate methods of con- struction and to provide for reasonable interpretations of the provisions of this code, there shall be and is hereby created a Building Board of Appeals consisting of five (5) regular members and two (2) alternate members who are qualified by experience and training to pass upon matters pertaining to building construction In addition to such members, the Chief Building Ins- pector and the Chief of the Fire Prevention Bureau shall be ex officio members of the Board without vote The Chief Building Inspector shall act as Secretary of the Board (b) The five (5) members of the Building Board of Appeals shall be appointed by the City Council and shall serve for terms of four (4) years at the pleasure of the Council Alternate members shall serve for terms of two (2) years Members shall serve without pay The appointment of any member may be terminated for nonattendance to duties and for cause (c) Whenever the Chief Building Inspector or other administrative official of the city charged with the enforcement of building regulations, but specifically not to include the zoning laws of the City of Fort Collins, refuses to issue a building permit for the reason that the proposed building or structure does not comply with the building regulations of the city, the person applying for the permit may file with the Building Board of Appeals a request for relief from the decision of the Chief Building Inspector stating that the refusal to issue the building permit to him was based on an erroneous interpretation of the build- ing regulations The Building Board of Appeals shall hear and decide all appeals made to it and shall have the duty to authorize and direct the Chief Building Inspector to issue a permit only under the following circumstances 1 When the Board determines that the interpreta- tion of the building regulations of the city by the Building Inspector was, in fact, erroneous 2 When the Board determines that the alternate design, alternate materials and/or alternate methods of construction requested by the applicant are, in fact, equivalent to those prescribed by the code considering a quality, strength, effectiveness, fire resistance, durability, safety and all other pertinent factors (d) The Building Board of Appeals shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding the design, alternate materials or alternate methods. Unless specifically extended by the Board, the author- ization for any variance shall be valid for not more than six (6) months from the date granted (e) Persons desiring to appeal a decision of the Chief Building Inspector to the Building Board of Appeals shall , at the time of making such appeal, pay to the Director of Finance a docket fee in the amount of twenty-five dollars (S25 ) if the appeal is to be heard at a regular meeting of the Building Board of Appeals and thirty-five dollars ($35 ) if the appeal is to be heard at a special meeting of the Building Board of Appeals Written notice of hearings shall be given to all parties concerned at least three (3) days prior to the hearing or by mailing the same to such party's last known address by regular mail The Board shall , from time to time, adopt such additional rules and regulations as it deems necessary and advisable for the conduct of its hearings and for carrying out the provisions hereof (f) A quorum of three (3) members shall be neces- sary for any meeting of the Building Board of Appeals, and the affirmative vote of at least three (3) members shall be necessary to authorize any action of the Board The said Board may exercise any power or perform any duty regardless of whether the number of qualified members appointed to the Board shall at any time be less than five (5) . -2- (g) In addition to the power to determine the suitability of alternate materials and methods of construction and to provide interpretations of the code, the Board of Appeals shall have the power, upon application of a property owner, to authorize a variance from the requirements of Section 104 of this code where the Board determines that the strict appli- cation of such requirements would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of the property, provided that the Board further determines that the variance applied for is reasonable in view of all of the circumstances considered by the Board and the construction pursuant to the variance would not mater- ially increase any hazard to life or property In considering a request for such a variance, the Board shall consider the feasibility of following the strict requirements of the code, the use made or proposed to be made of the property, if applicable, the historic significance of the property, economic factors relating to the cost of construction and any other factors which the Board determines are of significance in connection with the application for a variance The overriding consideration in all cases shall be the danger to life or property, and the Board shall not approve a variance in cases where significant hazards to life or property will continue or be created Introduced, considered favorably fi st reading and Bred published this 3rd day of February 1981 , and t b presented or fori al passage on the 17th day of February 1981 ao ATTEST City GlerK Passed and adopted on final re to this l7th day of , 1981 a ATTEST ty erc -3-