San Bernardino Municipal Code Ch. 2.45 Building Appeals Board

The Building Appeals Board shall be comprised of the members of the City Planning Commission, as defined in § 2.22.010. Members shall be appointed on a basis of knowledge in the applicable building codes, regulations and ordinances of the city, and must be qualified by training and experience to pass on matters pertaining to building construction.

(Ord. MC-277, passed 6-8-1983; Ord. MC-1474, passed 3-7-2018; Ord. MC-1521, passed 9-18-2019)

[Reserved]

(Ord. MC-1474, passed 3-7-2018; Ord. MC-1521, passed 9-18-2019)

Pursuant to § 1.8.8 of the State Building Code, being 24 Cal. Code of Regulations, Chapter 1, Part 2, Division 1, § 1.8.8, the Board shall have the duty to consider appeals of orders, decisions and determinations of the city Building Official relating to the building standards of the State Building Standards Code. The Board is authorized to establish policies and procedures necessary to carry out its duties.

(Ord. MC-1474, passed 3-7-2018; Ord. MC-1521, passed 9-18-2019)

The decision of the Board may be appealed to the City Council in accordance with Chapter 2.64. The City Council’s decision on an appeal from the Board’s decision is final and binding. Pursuant to Cal. Code of Civil Procedure, §§ 1094.5 and 1094.6, any action to review a decision of the City Council shall be commenced not later than the ninetieth day after the date the City Council’s order is adopted.

(Ord. MC-1474, passed 3-7-2018; Ord. MC-1521, passed 9-18-2019)

Prior to undertaking his or her duties as a member of the Board, the member shall subscribe and file his or her official oath of office with the City Clerk.

(Ord. MC-1474, passed 3-7-2018; Ord. MC-1521, passed 9-18-2019)

(A) The Chairperson of the Board shall be the Chairperson of the Planning Commission, or his or her designee. The Board shall meet only as required to consider an appeal within its jurisdiction.

(B) The Board shall meet at such times and dates, and in such places, as shall be designated by the Chairperson of the Board.

(C) Meetings of the Board shall be open to the public and shall be governed by the provisions of the Ralph M. Brown Act, Cal. Gov’t Code, §§ 54950.5 et seq., except as otherwise provided by law.

(D) A member shall not hear an appeal in which that member has a personal, professional or financial interest.

(Ord. MC-1474, passed 3-7-2018; Ord. MC-1521, passed 9-18-2019)

Any five members in attendance at any meeting shall constitute a quorum.

(Ord. MC-277, passed 6-8-1983; Ord. MC-1418, passed 10-5-2015; Ord. MC-1474, passed 3-7-2018; Ord. MC-1521, passed 9-18-2019)

(A) The Board shall meet upon notice from the Chairperson.

(B) The appellant, the appellant’s representative, the Building Official, the Building Official’s representative and any person whose interests are affected shall be given an opportunity to be heard.

(C) The Board shall adopt and make available to the public procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.

(D) A quorum of the Board shall hear an appeal.

(E) The Board may modify or reverse the decision of the Building Official by a concurring vote of a majority of its members. The authority of the Board to render a decision is limited to the scope of authority of the Building Official in the first instance. The Board has no authority to waive a requirement of the State Building Standards Code.

(F) The Board must issue a written decision with findings within a reasonably prompt time after filing of the appeal.

(Ord. MC-1521, passed 9-18-2019)