Jackson Municipal Code Ch. 14.12 Construction Board of Appeals

In order to provide for reasonable interpretation of the building, electrical and plumbing laws of the city and to determine the suitability of alternate materials and methods of construction, there is created a construction board of appeals.

(Ord. 380 §1, 1976)

A. The construction board of appeals shall consist of five commissioners and one alternate, appointed by the mayor and ratified by the city council, to serve voluntarily, to be selected from persons who are not employees of the city, but who are qualified by experience and training to pass on matters pertaining to the building and construction codes and regulations of the city.

B. Commissioners shall be appointed to serve at the pleasure of the city council. The alternate shall be called to serve at any board meeting where one commissioner is absent or has a personal conflict of interest and is thereby unable to serve. The building official shall be an ex officio member and shall act as secretary to the board.

(Ord. 380 §2, 1976; Ord. 477 §3, 1982)

The construction board of appeals shall adopt reasonable rules for the hearing of appeals and the conducting of its investigations, and it shall establish procedures to be followed by the secretary of the board. The board shall select a chairman, and may take action only if a quorum of three regular members is present and such action is voted upon and approved by a majority of the members present.

(Ord. 380 §3, 1976)

Persons aggrieved by interpretations given to provisions of building, electrical, or plumbing laws by those responsible for their enforcement may appeal such interpretations to the construction board of appeals. Appeals must be in writing, and shall specify in detail the matter on which the appeal is taken. The construction board of appeals shall meet promptly within fifteen days from the date that the written appeal is filed with the secretary of the board.

Where the application or interpretation of a provision in the law is uncertain or ambiguous, the board may advise the city council to affirm, reject, or modify such contested interpretation and may, by resolution, recommend reasonable guidelines for the interpretation and enforcement of such provisions.

(Ord. 380 §3, 1976)

The construction board of appeals shall formulate and recommend to the city council rules and regulations concerning the use of alternate materials and/or methods of construction as are necessary to supplement provisions of the building, electrical and plumbing laws. The board may take such action on its own motion or upon the request of any interested party.

(Ord. 380 §3, 1976)

An interpretation of code provisions or rules and regulations concerning the use of alternate materials or methods of construction which are voted upon and approved by the city council shall be published in the official newspaper of the city within ten days of their adoption and shall not be effective until ten days after date of publication.

(Ord. 380 §3, 1976)

A. Upon receiving from the construction board of appeals any recommendation or resolution to take a particular course of action, the city council shall give the greatest weight of authority to such findings or recommendation in rendering their final decision on the matter.

B. Any interested person having any objection or feeling aggrieved at any proceeding taken by the city council in sustaining or modifying such recommendation from the board must bring an action in a court of competent jurisdiction within thirty days after the action of the city council in such matter, otherwise all objections will be deemed waived.

(Ord. 390, 1976)