§ 18-52. Deletions, amendments and changes.

(a)

Sections 1-8.1 through 1-8.5 (Board of Appeals) of the "National Fire Prevention Association Life Safety Code Number 101, 2000 edition" is deleted in its entirety.

(b)

Section 108.1 through 108.3 (Board of Appeals) of the "International Fire Code, 2009 edition" is deleted in its entirety and is hereby replaced with the following:

1-8. Board of Appeals.

1-8.1. General: Membership.

One integrated board of appeals is established hereunder for the purposes of this Code, which shall be the same as those boards of appeal established under the "1997 Uniform Code For The Abatement of Dangerous Buildings" and the "National Fire Prevention Association Life Safety Code Number 101, 2000 edition." The membership of the board shall consist of five voting members having the qualifications established by this section. Members shall be nominated by the code official or the chief administrative officer of the jurisdiction, subject to confirmation by a majority vote of the governing body. Board members shall not be officers, agents, or employees of the town. Members shall serve without remuneration or compensation, and shall be removed from office prior to the end of their appointed terms only for cause. The board shall be constituted as follows:

A.

Design professional. One member shall be a practicing design professional registered in the practice of engineering or architecture in the state in which the board is established.

B.

Fire protection engineering professional. One member shall be a qualified engineer, technologist, technician, or safety professional trained in fire protection engineering, fire science, or fire technology. Qualified representatives in this category shall include fire protection contractors and certified technicians engaged in fire protection system design.

C.

Industrial safety professional. One member shall be a registered industrial or chemical engineer, certified hygienist, certified safety professional, certified hazardous materials manager, or comparably qualified specialist experienced in residential, commercial or industrial safety.

D.

General contractor. One member shall be a contractor regularly engaged in the construction, alteration, maintenance, repair, or remodeling of buildings or building services and systems regulated by the code.

E.

General industry or business representative. One member shall be a designated representative of business or industry not represented by a member from one of the other categories of board members described above.

1-8.2. Terms of office.

Members shall be appointed for terms of four years. No member shall be reappointed to serve more than two consecutive full terms.

A.

Initial appointments. Of the members first appointed, two shall be appointed for a term of 1 year, two for a term of 2 years, one for a term of 3 years.

B.

Vacancies. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Members appointed to fill a vacancy in an unexpired term shall be eligible for reappointment to two full terms.

C.

Removal from office. Members shall be removed from office prior to the end of their terms only for cause. Continued absence of any member from regular meetings of the board shall, at the discretion of the applicable governing body, render any such member liable to immediate removal from office.

D.

Quorum. Three members of the board shall constitute a quorum. In varying the application of any provisions of this code or in modifying an order of the fire official, affirmative votes of the majority present, but not less than three affirmative votes shall be required.

E.

Secretary of board. The code official shall act as secretary of the board and shall keep a detailed record of all its proceedings, which shall set forth the reasons for its decisions, the vote of each member, the absence of a member, and any failure of a member to vote.

F.

Legal counsel. The town attorney shall furnish legal counsel to the board to provide members with general legal advice concerning matters before them for consideration. Members shall be represented by legal counsel at the town's expense in all matters arising from service within the scope of their duties.

1-8.3. Meetings.

The board shall meet at regular intervals, to be determined by the chairperson. In any event, the board shall meet within ten days after notice of appeal has been received.

1-8.4. Conflict of interest.

Members with a material or financial interest in a matter before the board shall declare such interest and refrain from participating in discussions, deliberations, and voting on such matters.

1-8.5. Decisions.

Every decision shall be promptly filed in writing in the office of the code official and shall be open to public inspection. A certified copy shall be sent by mail or otherwise to the appellant, and a copy shall be kept publicly posted in the office of the code official for two weeks after filing.

1-8.6. Procedures.

The board shall be operated in accordance with the Administrative Procedures Act of the state in which it is established or shall establish rules and regulations for its own procedure not inconsistent with the provisions of his code and applicable state law.

1-8.7. Limitations of authority.

The board of appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.

(Ord. No. 1086, § 10-21, 10-14-2003)