Jackson Municipal Code Ch. 14.16 Accessibility Board of Appeals

Pursuant to Health and Safety Code Section 19957.5, there is hereby created and established an Accessibility Board of Appeals.

The Accessibility Board of Appeals shall consist of five members meeting the qualifications and requirements of Health and Safety Code Section 19957.5, as it may be amended. Unless amended, the Accessibility Board of Appeals shall consist of:

A. Two physically handicapped members;

B. Two members with construction experience; and

C. One member from the general public.

Members of the Accessibility Board of Appeals shall be appointed by a majority vote of the city council. Members of the Accessibility Board of Appeals may be removed at anytime, with or without cause, by a majority vote of the city council.

Of the members first appointed to the Accessibility Board of Appeals, two members shall be appointed for a term of two years and three members shall be appointed for a term of four years. Successors in office shall serve for a term of four years, except that if a vacancy on the board shall occur other than by an expiration of a term of office, it shall be filled for the unexpired portion of term. Each term shall begin on January 1st and shall end on December 31st but shall continue to be staggered as provided above.

Pursuant to Health and Safety Code Section 19957.5(c), the Accessibility Board of Appeals shall be responsible for hearing written appeals related to the enforcement and implementation of accessibility requirements contained in the California Building Standards Code and/or adopted or established pursuant to Part 5.5 of Division 13 of the Health and Safety Code.

The Accessibility Board of Appeals shall have the power to approve, ratify, amend, modify, remand or reverse any decision of the city building official subject to Section 14.16.050. All such decisions shall be in writing. The decision of the Accessibility Board of Appeals shall be final in the absence of fraud or prejudicial abuse of discretion.

The Accessibility Board of Appeals shall hold meetings at the request of the building official. The board shall adopt rules for the conduct of its meetings in accordance with law and prepare and maintain a public record of its transaction of business which shall include its findings and determinations on matters within its jurisdiction. The Accessibility Board of Appeals shall not be bound by strict rules of evidence when conducting hearings within its jurisdiction but shall ensure all persons are provided applicable due process. The Accessibility Board of Appeals shall ensure its meetings and hearings comply with the applicable rules and standards set forth in the California Building Standards Code or Health and Safety Code.

(Ord. 674, 10/12)