HomeMy WebLinkAbout03 - Joint Building & Fire Code Appeals BoardCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 3
Date: 4/25/2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Building Department
Jay Elbettar, 644 -3282, jelbettar @city.newport- beach.ca.us
SUBJECT: Amendment to the 1997 Uniform Administrative Code
Establishing a Joint Building and Fire Code Appeals Board.
ISSUE:
Should the City Council amend the Newport Beach Municipal Code to create a
joint Building and Fire Code Appeals Board?
RECOMMENDATION:
Introduce the ordinance and pass to second reading on May 9, 2006.
DISCUSSION:
Back4round:
Both the 2001 California Fire Code and 1997 Uniform Administrative Code are
adopted by the City Council in Titles 9 and 15 respectively of the Newport Beach
Municipal Code. The Uniform Administrative Code contains all the administrative
provisions of the Building, Housing, Plumbing, Electrical and Mechanical codes.
The administrative provisions cover organization, enforcement, permit
processing, inspections, occupancy and appeal information.
Both the Uniform Administrative Code and California Fire Code contain similar
provisions requiring the establishment of a Board of Appeals in order to hear and
decide appeals of orders, decisions or determinations made by the building and
fire officials. These matters may include code interpretations and applicability as
well as the suitability of alternative materials and methods of construction.
Proposed 1997 Uniform Administrative Code Amendment
April 25, 2006
Page 2
There are seven appointed members of the Board. Members hold office at the
pleasure of the Council. There is currently a sitting Building Code Board of
Appeals. There is not currently a Fire Code Board of Appeals.
Section 17958 of the State of California Health and Safety Code allows local
agencies to adopt the model codes with modifications and changes as
necessary.
Fiscal Considerations:
The Building Code Board of Appeals is an existing board. There are no
additional costs associated with this ordinance.
CONCLUSION
Staff is proposing an amendment to Section 204.1 of the Uniform Administrative
Code which will create a joint Board of Appeals to hear and rule on
interpretations and application of the Building, Fire, Housing, Plumbing, Electrical
and Mechanical codes.
It is the belief of both the Building Director and the Fire Chief that a single Board
of Appeals would adequately address the requirements of both the Uniform
Administrative Code and the Fire Code and thereby eliminate the unnecessary
duplication of a City Board.
Prepared and submitted by:
Building Director
Attachment: Proposed Ordinance
CwnciNgnt appeals board me bldg staff reppd 9113106
ORDINANCE NO. 06-
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMMENDING CHAPTER 15.02 OF THE NEWPORT BEACH
MUNICIPAL CODE TO AMEND THE UNIFORM
ADMINISTRATIVE CODE, 1997 EDITION.
WHEREAS, the 1997 Uniform Administrative Code was adopted by Ordinance 99 -14.
WHEREAS, the Uniform Administrative Code establishes the Building Code Board of
Appeals to rule on appeals related to building code matters.
WHEREAS, Section 103.1.4 of 2001 California Fire Code establishes a similar appeal
process to the Uniform Administrative Code.
The City Council of the City of Newport Beach DOES ORDAIN as follows:
SECTION 1. Chapter 15.02 of the Newport Beach Municipal Code is amended to read:
15.02.020 Amendment to Section 204 of the Administrative Code.
Section 204 of the Administrative Code is amended to read as follows:
SECTION 204.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the Building Official or the Fire Marshal relative to the
application and interpretation of the technical code, there shall be and is hereby created a
joint Building and Fire Board of Appeals consisting of seven (7) members who are
qualified by experience and training to pass upon matters pertaining to building
construction, and building service equipment, fire protection and fire protection
equipment, two (2) of whom shall be physically disabled, and who are not employees of
the City of Newport Beach. The Building Official or the Fire Marshal shall be an ex
officio member and shall act as secretary to said board but shall have no vote upon any
matter before the board. The Board of Appeals shall be appointed by the City Council
and shall hold office at its pleasure. The board shall adopt rules of procedure for
conducting its business and shall render all decisions and findings in writing to the
appellant with a duplicate copy to the Building Official or Fire Marshal, and may
recommend to the City Council such new legislation as is consistent therewith.
SECTION 2. That if any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase hereof, irrespective of the fact that one or more sections,
subsections, clauses, or phrases be declared unconstitutional.
SECTION 3. This ordinance shall be published once in the official newspaper of the
City, and the same shall be effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach held on the day of , 2006, and was adopted on the
day of , 2006 by the following vote to wit:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
MAYOR
ATTEST:
City Clerk