Santa Clara County Municipal Code Div. C2 Development Review Board

Footnotes:

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Editor's note— Sec. 48 of Ord. No. NS-300.967, adopted November 14, 2022, amended Div. C2 in its entirety to read as herein set out. Former Div. C2 pertained to Code Enforcement Appeals Board, and derived from Ord. No. NS-1100.52, adopted June 12, 1979; Ord. No. NS-1100.103, adopted June 24, 2008, amended Div. C2; and Ord. No. NS-1100.112, adopted April 13, 2010.

Cross reference— Boards and commissions generally, Div. A6.

There is hereby established a Development Review Board.

(Ord. No. NS-300.967, § 48, 11-15-22)

(a) The Development Review Board shall consist of five members, none of whom shall be employees of the County of Santa Clara, as follows:

One member shall be a licensed building or construction contractor;

One member shall be a licensed electrician;

One member shall be a licensed plumber or HVAC contractor;

One member shall be a licensed structural engineer; and

One member shall be a registered fire protection engineer or certified fire prevention specialist or person with ten years' experience in the regulatory field of fire prevention.

The members shall be nominated and appointed on a rotational basis by individual Supervisors. The rotational sequence for making these appointments shall be determined by the Board of Supervisors and thereafter shall continue as so designated.

(b) The term of each member shall be three years. Members shall serve staggered terms so that no more than three members' terms shall lapse in the same year. No member shall be eligible to serve on the Board for more than three consecutive terms plus any unexpired term. The Board of Supervisors may waive the foregoing limit on consecutive terms in office for any member when it finds that no other qualified person is known to be available to serve.

(c) A member's failure to attend three consecutive meetings without good cause as determined by the Chairperson will result in notification to the nominating authority, which may result in removal of the member from the Board.

(Ord. No. NS-300.967, § 48, 11-15-22)

It shall be the function of the Board to review the Building Official's decisions regarding the suitability of alternate materials, alternate methods and types of construction, and to review interpretations and decisions with respect to the provisions of the building, plumbing, electrical, mechanical and fire codes, all as prescribed by ordinance. The Board shall not have any authority to waive or modify provisions of the adopted codes. The Board shall adopt reasonable rules and regulations for the form of review, and for the time, place, and manner of holding its review hearings and the rendering of any decision with respect thereto, subject to the provisions of Article 3 of Chapter I of Division C1 (commencing with Section C1-38) of this Code. The rules and regulations may provide for the taking of testimony under oath and the issuance of subpoenas for the production of oral or documentary evidence, or both. This Division shall not apply to administrative violations, fines, and penalties imposed pursuant to Division A37 of this Code.

(Ord. No. NS-300.967, § 48, 11-15-22)