§111.0207 Board of Building Appeals and Advisors

• (a) Authority. The Board of Building Appeals and Advisors is established by the City Council in accordance with the City Charter, Section 43.

• (b) Appointment and Terms

  • (1) The Board of Building Appeals and Advisors shall consist of 10 members appointed by the Mayor and subject to confirmation by the City Council. Each member shall serve a 2-year term without compensation and shall continue to serve until a successor is appointed. No member shall serve more than four consecutive terms. The members shall be appointed so that the terms of not more than five members will expire in any year. The Board shall elect a chairperson annually from among its members, unless a chairperson is selected by the Mayor.

Ch. Art. Div. 11 1 2 4

San Diego Municipal Code

Chapter 11: Land Development Procedures

(2-2018)

• (2) Members shall have experience and training in matters of design and construction of buildings, fire prevention, and fire protection. At least two members shall be licensed by the State of California as Civil Engineers, one of whom is duly authorized to use the title “Structural Engineer,” and one member each shall be from the electrical and mechanical industries or professions. At least two members shall be licensed by the State of California as Fire Protection Engineers. At least one member shall be licensed by the State of California as an Architect. At least one member shall represent the disabled community.

• (3) The Building Official, the Chief of the Fire Department, and the City Attorney shall be ex officio members of the Board. The Director of Development Services shall be an ex officio member of the Board in matters pertaining to Historical Buildings .

• (c) Meetings. The Board of Building Appeals and Advisors shall meet as often as necessary for the transaction of its business. The meetings shall be noticed and open to the public. The Board shall adopt procedural rules and policies consistent with law for the conduct of its business. Five members shall constitute a quorum. The affirmative vote of at least four members is required for any action by the Board. The Board shall make its recommendations in writing to the Building Official.

• (d) Powers and Duties. The powers and duties of the Board of Building Appeals and Advisors are as follows:

  • (1) The Board of Building Appeals and Advisors shall investigate and advise the Building Official on the suitability of any alternate material, design, or construction method. This action may be taken on the Board’s own motion, at the request of a permit applicant, or as requested by the City Manager, the Building Official, the Fire Chief, or the Historical Resources Board.

• (2) The Board of Building Appeals and Advisors shall recommend reasonable interpretations of the San Diego Fire Code; the Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, and Existing Building Regulations of Title 24 of the California Code of Regulations; and other matters that may be referred to the Board by the Building Official. The Board shall have no authority to recommend interpretations of other provisions of the Land Development Code.

Ch. Art. Div. 11 1 2 5

San Diego Municipal Code

Chapter 11: Land Development Procedures

(2-2018)

• (3) The Board of Building Appeals and Advisors may recommend minor deviations from the provisions of the San Diego Fire Code and the Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, or Existing Building Regulations in the following circumstances:

  • (A) When strict application, operation, or enforcement would result in practical difficulty or unnecessary hardship; and

  • (B) When for the purpose intended, the alternate materials or type of construction proposed is at least equivalent to the requirements of the applicable San Diego Fire Code and the Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, or the Existing Building Regulations in quality, strength, effectiveness, fire resistance, and durability, and is equivalent in providing for the public health and safety.

• (4) The Board of Building Appeals and Advisors may conduct public hearings upon the passage of new legislation pertaining to the design and construction of buildings and provide its recommendations to the City Council.

(Amended 9-24-2002 by O-19102 N.S.) (Amended 11-28-2005 by O-19444 N.S.; effective 2-9-2006.) (Amended 7-31-2012 by O-20187 N.S.; effective 8-30-2012.) (Amended 1-18-2018 by O-20897 N.S.; effective 2-17-2018.)