Yuba City Municipal Code Ch. 13 Accessibility Board of Appeals

There is hereby created the Accessibility Board of Appeals.

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

The Accessibility Board of Appeals is created in order to consider and determine alternate methods of providing accessibility and to provide for a reasonable interpretation of the accessibility provisions of Title 24, California Code of Regulations.

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

The Accessibility Board of Appeals shall contain five members, two of which shall be persons with disabilities, two shall be qualified by experience and training to pass on matters pertaining to all forms of building construction and related building materials and equipment, and one shall be from the general public. In addition to the five members, the Chief Building Official shall be an ex-officio member and shall act as Secretary to the board. 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 the 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 Accessibility Board of Appeals shall select one of the members to serve as chairman for a one-year term.

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

Meetings of the Accessibility 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 with one from each group present.

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

The Accessibility Board of Appeals shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Chief Building Official.

(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 provisions of the state accessibility regulations, 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, 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 Accessibility Board of Appeals may extend relief as provided in this section. Upon the written petition of the applicant, and after a full investigation and hearing of the matter, and when substantial evidence before the board establishes that each of the following conditions exists 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 properly 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) equivalent facilitation will be provided as defined in Title 24 of the California Administrative Code, or other facilitation as deemed by the board as equivalent is being provided, or when there exists legal or physical constraints which would not allow compliance with Title 24 regulations or equivalent facilitation, the board may relieve the application from the strict application of any provisions of accessibility regulations 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 objectives 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 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 approval 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)