Citrus Heights Municipal Code Art. XXXV Building Code Board of Appeals

Footnotes:

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Editor's note— Ord. No. 2026-002, § 3, adopted February 25, 2026, set out provisions intended for use as Art. XXXI, §§ 18-900—18-909. Inasmuch as there were already provisions so designated, said section has been codified herein as Art. XXXV, §§ 18-980—18-989 at the discretion of the editor.

This article shall be known as the "Citrus Heights Building Code Board of Appeals" (referred to as the "board"). The board has authority to hear appeals to the following laws and regulations of the State of California, the City of Citrus Heights, and other regulations, statutes, and standards that pertain to building construction and fire, panic and life-safety:

• Title 24 of the California Code of Regulations (commonly known as the California Building Codes).

• Citrus Heights Municipal Code Title 18, Buildings and Building Regulations.

• Portions of the 2018 International Swimming Pools and Spa Code.

• Portions of the California Health and Safety Code.

• Portions of the California Business and Professions Code.

• Portions of the California Government Code.

• Other Technical Codes.

(Ord. No. 2026-002, § 3, 2-25-2026)

The building code board of appeals shall be composed of three chief building officials, with two alternates, serving in jurisdictions outside of the City of Citrus Heights, which may include employees of consultant companies serving as chief building officials in a local jurisdiction. A list of accepted board members will be kept by the city clerk, and members will be called upon in successive order by the city clerk when needed. Board members will serve until the appeal case reaches its resolution, or they are dismissed by the city council.

(Ord. No. 2026-002, § 3, 2-25-2026)

The building code board of appeals shall consist of members who are qualified by experience and training to pass upon matters pertaining to building construction, all building systems, and the public health and life-safety aspects of said systems and standards and are not employees of the jurisdiction. A member may not have any interest in the property which is the subject of the appeal to the board.

(Ord. No. 2026-002, § 3, 2-25-2026)

The Citrus Heights Chief Building Official shall take action in accordance with the decision of the Citrus Heights Building Code Board of Appeals.

(Ord. No. 2026-002, § 3, 2-25-2026)

The building code board of appeals shall hold meetings as needed. At this meeting, a board chairperson shall be selected, and the board may consider items such as implementing processes, and recommendations relating to future hearings and procedures.

(Ord. No. 2026-002, § 3, 2-25-2026)

(a) An application for appeal shall 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 interpretation of construction is proposed.

(b) No decision of the board may reduce any life-safety issue, fire protection requirements or any degree of structural integrity, nor lessen the strict adherence to the codes. The building code board of appeals shall not set division policy, or over-ride existing division policy aside from where it involves interpretation of the code.

(Ord. No. 2026-002, § 3, 2-25-2026)

Whenever there are practical difficulties involved with carrying out the provisions of the technical codes of the City of Citrus Heights, the building code board of appeals may grant modifications for individual cases, provided it is found that special circumstances make strict adherence to the code(s) impractical and that the modification is in conformity with the intent and purpose of the code(s) and that such modification does not reduce any life-safety issue, fire protection requirements or any degree of structural integrity.

(Ord. No. 2026-002, § 3, 2-25-2026)

(a) For any matter in which an action or decision by the jurisdiction has been appealed by the appellant, no representative of the jurisdiction shall be permitted to participate on the board, vote on, or consider the matter under appeal. The jurisdiction may only participate in such hearing as an advocate and interested party.

(b) The appellant shall submit the application and payment to the chief building official of the jurisdiction. Once received, the jurisdiction shall date stamp the application; within ten business days process the payment, schedule and secure a meeting room for the hearing; notify the board chairperson of the request along with a proposed hearing date. A hearing before the board of appeals shall be attempted to be set for a date that is not more than 60 business days from the date that the request for hearing is filed, but in any event, no later than 90 business days. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten business days before the hearing. If the chief building official submits a written report or other documentation to the secretary of the board for consideration at the hearing, then a copy of such report or documentation shall be served on the person requesting the hearing at least five business days before the hearing.

(c) No hearing shall be held unless the building code board of appeals hearing fee has been paid in advance, as adopted by the city.

(d) Failure to appear. The failure of the person requesting the hearing to appear at the hearing shall constitute a forfeiture of the fee and will exhaust his or her administrative remedies.

(e) The chairperson shall notify the board of the hearing date requested. If a quorum is available, the chairperson will notify the jurisdiction which in turn will notify the appellant confirming the hearing date, time and place.

(f) The jurisdiction, upon confirmation of the hearing date, shall forward any necessary documentation to the subject matter expert (SME) in that jurisdiction, qualified to advocate on that jurisdiction's behalf and make a recommendation to the board on the subject matter under consideration. The SME at the hearing may or may not necessarily be the chief building official of that jurisdiction.

(g) Rules of order. The board of building appeals shall endeavor to follow Robert's Rules of Procedure.

(h) At the hearing, the appellant shall have a time limit of 20 minutes to present its case to the board. At the appellant's discretion, the appellant may provide exhibits; call upon expert testimony; and in any reasonable way, provide evidence to support its case.

(i) The jurisdiction's subject matter expert shall then be given the opportunity to provide exhibits, call upon expert testimony, and in any reasonable way, provide evidence to justify the decision/code interpretation that is being appealed. The subject matter expert will have 20 minutes to present its rebuttal. The chief building official of the jurisdiction will not have a vote at the hearing and will not serve on the board which hears the appeal.

(j) The appellant and the jurisdiction will be allowed one final summary statement, limited to ten minutes each, to the board prior to final deliberations.

(k) Continuances. The building code board of appeals may continue the hearing and may request additional information from the chief building official or the person requesting the hearing before issuing the decision.

(l) The board shall then deliberate:

(1) Render a decision;

(2) Deem it necessary to set dates/times for additional tests, hear additional witnesses, conduct research; or

(3) Deliberate further, as needed prior to rendering a decision.

(m) A decision shall be made by a majority of the quorum.

(n) Once a decision is rendered, either at the time of the hearing or later, the final determination letter will be prepared within ten days of the final decision.

(o) The jurisdiction will be responsible for taking minutes of the hearing and preparing the final determination letter.

(p) In any appeal, the appellant making the request shall incur the cost of any tests required by the board to substantiate the appellant's claims.

(q) The chairperson will forward a digital copy of the application, documents, plans, minutes, letter, etc. after each hearing to the city clerk for filing and record retention purposes.

(Ord. No. 2026-002, § 3, 2-25-2026)

After considering the testimony and evidence presented at the hearing, the building code board of appeals shall issue a written decision to uphold, reject, or modify the chief building official's determination. The building code board of appeals shall state the reasons for the decision and shall send a copy of the decision to the person that requested the hearing and to the chief building official. The decision of the building code board of appeals is final, and may not be further appealed administratively.

(Ord. No. 2026-002, § 3, 2-25-2026)

Method of service. The decision required to be given shall be served on the responsible party either by personal service, by first class mail, or by certified mail, return receipt requested, or e-mail.

(Ord. No. 2026-002, § 3, 2-25-2026)