Yuba City Municipal Code Ch. 12 Building Board of Appeals

There is hereby created a Building Board of Appeals.

(Ord. No. 006-19, § 2(Exh. A), 11-19-2019; Ord. No. 013-22, § 3(Exh. A), 12-20-2022)

The Building Board of Appeals is created in order to consider and determine the suitability of alternate materials, type and method of construction and to provide for a reasonable interpretation of the provisions of all construction codes, which shall include, but not necessarily be limited to, the California Building Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code, the International Property Maintenance Code, the Uniform Housing Code, and the Uniform Swimming Pool Spa and Hot Tub Code.

(Ord. No. 006-19, § 2(Exh. A), 11-19-2019; Ord. No. 013-22, § 3(Exh. A), 12-20-2022)

The Building Board of Appeals shall contain five members who are qualified by experience and training to pass on matters pertaining to all forms of building construction and related materials and equipment. In addition to the five members, the Chief Building Official shall be an ex-officio member and shall act as Secretary to the board but shall have no vote in any decision of the board. Membership on the board shall consist of at least one qualified person from each of the building, electrical, plumbing, mechanical industries, and an engineer or architect. Members of the board shall be appointed by the Mayor and shall be approved by and serve at the pleasure of the City Council upon adoption of the provisions of this chapter for a period of two years following the effective day of appointment.

(Ord. No. 006-19, § 2(Exh. A), 11-19-2019; Ord. No. 013-22, § 3(Exh. A), 12-20-2022)

Annually, the Building Board of Appeals shall select one of the members to serve as Chairman for a one-year period.

(Ord. No. 006-19, § 2(Exh. A), 11-19-2019; Ord. No. 013-22, § 3(Exh. A), 12-20-2022)

Meetings of the Building Board of Appeals shall be called at the discretion of the Chairman or upon the request of at least three members of the board being made to the Secretary. Business of the board shall only be conducted with a quorum present. A quorum shall consist of at least three members.

(Ord. No. 006-19, § 2(Exh. A), 11-19-2019; Ord. No. 013-22, § 3(Exh. A), 12-20-2022)

The Building Board of Appeals shall adopt reasonable rules and regulations of conducting its investigations and render all decisions and findings in writing to the Chief Building Official with a duplicate copy to the appellant, and recommend to the Council such legislation as is consistent therewith.

(Ord. No. 006-19, § 2(Exh. A), 11-19-2019; Ord. No. 013-22, § 3(Exh. A), 12-20-2022)

When, because of the strict application of any of the provisions of any construction code, the final plans and specifications for any building or structure proposed to be erected or constructed in the City, or for the enlargement, alteration, repair, improvement, removal, or conversion of any structure in the City, are not approved by the Chief Building Official, or a building or other required permit is refused by him, or the Chief Building Official is requiring changes to previously approved plans and specifications or change to a structure under construction which is in compliance with approved plans and specifications, or refuses to issue a certificate of occupancy, or revokes a certificate of occupancy, the Building Board of Appeals may extend relief as provided in this section. Upon the written portion of the applicant, and after a full investigation and hearing on the matter, and when substantial evidence before the board establishes that each of the following conditions exist in the particular case: (1) that there is a special circumstance or condition applicable to the land or building existing or proposed, or both, referred to in the application; and (2) that granting the appeal is necessary for the preservation and enjoyment of substantial property rights; and (3) that granting the appeal will not be detrimental to the safeguard of life or limb, health, property and public welfare; and (4) the proposal substantially complies with the intent of the Code, the board may relieve the applicant from the strict application of any provisions of any construction code and prescribe such conditions and requirements for the applicant and require from the applicant such guarantee or guarantees for the faithful observance thereof as will, in the opinion of the board, secure substantially the objective of the Code with due regard for the safeguarding of life, or limb, health, property and public welfare. Each such decision to so relieve the applicant shall be by a three-fifths vote of the members of the board, and by such decision may authorize the approval of such final plans and specifications, issuance of required permits or approval of completed work by the Chief Building Official. All such approvals or disapprovals shall be final and conclusive in the absence of fraud or prejudicial abuse of discretion.

(Ord. No. 006-19, § 2(Exh. A), 11-19-2019; Ord. No. 013-22, § 3(Exh. A), 12-20-2022)