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HomeMy WebLinkAbout03 - Building & Fire Board of AppealsCITY OF NEWPORT BEACH uc9 City Council Staff Report Agenda Item No. 3 May 10, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Clerk's Office Leilani I. Brown, City Clerk 949 - 644 -3005, (brown co.newportbeachca.gov City Attorney's Office Michael Torres, Deputy City Attorney 949 - 644 -3131, mtorres(a)newportbeachcagov PREPARED BY: Leilani I. Brown, City Clerk APPROVED: C �� TITLE: ORDINANCE PERTAINING TO THE BUILDING AND FIRE BOARD OF APPEALS; AND RESOLUTION SETTING FORTH THE MEMBERSHIP, TERM, AND PURPOSE AND RESPONSIBILITIES OF THE BUILDING AND FIRE BOARD OF APPEALS ABSTRACT: The Building and Fire Board of Appeals was established in 1975 by the Uniform Building Code and has been amended by the City on numerous occasions. The proposed Ordinance adds the Building and Fire Board of Appeals to newly created Chapter 15.80 and establishes four (4) year staggered terms. The proposed Resolution confirms the Board of Appeal's membership, term, and purpose and responsibilities. RECOMMENDATION: a) Introduce Ordinance No. 2011 -_ adding Chapter 15.80 to Title 15 of the Newport Beach Municipal Code, pertaining to the Building and Fire Board of Appeals; and b) Adopt Resolution No. 2011 - setting forth the membership, term, and purpose and responsibilities of the Building and Fire Board of Appeals, and waiving Council Policy A -2 relative to the number of terms that members of the Building and Fire Board of Appeals can serve. 1 BUILDING AND FIRE BOARD OF APPEALS May 10, 2011 Page 2 FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The Building and Fire Board of Appeals was established in 1975 by the Uniform Building Code. The charge of the Board of Appeals has been 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. Pursuant to Charter Section 700, "...the City Council may create by ordinance... boards or commissions ...." The proposed Ordinance establishes the Building and Fire Board of Appeals with four (4) year staggered terms. Pursuant to Charter Section 702, "The members of such boards or commissions shall be appointed by the City Council from the qualified electors of the City... (and) shall serve for a term of four years..." In reviewing the current makeup of the Building and Fire Board of Appeals, it was discovered that one of the members is no longer a qualified elector of the City and the terms should be set at four years. At the meeting of April 26, 2011, the City Council included the Building and Fire Board of Appeals to the list of Boards and Commissions with annually scheduled vacancies. The Building and Fire Board of Appeals vacancy will be handled consistent with Council Policy A -2 (Board and Commission Appointments). Council Policy A -2 also indicates that Board and Commission terms shall not be for more than two consecutive four year terms. Council, however, has the discretion to waive this policy for the Building and Fire Board of Appeals since the Board of Appeals only meets on an as- needed basis and has only met seven (7) times in the last five (5) years. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 2 BUILDING AND FIRE BOARD OF APPEALS May 10, 2011 Page 3 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Leilani I Brown, MMC City Clerk Attachments: Exhibit A — Ordinance No. 2011 - Exhibit B — Resolution No. 2011 3 EXHIBIT A ORDINANCE NO. 2011- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 15.80 TO TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO THE BUILDING AND FIRE BOARD OF APPEALS WHEREAS, the City of Newport Beach ( "City ") adopts an updated version of the California Building Code and Fire Code once every three years; and WHEREAS, both the California Building Code and Fire Code authorize the City to create a board to hear and decide appeals of orders, decisions, or determinations made by the City's building official and fire code official relative to the application and interpretation of the respective codes; and WHEREAS, City Charter Section 700 authorizes the City Council to create by ordinance advisory boards or commissions, and grant to them such powers and duties as are consistent with the provisions of the City's Charter; and WHEREAS, the City desires to create a Building and Fire Board of Appeals to hear and decide appeals of orders, decisions, or determinations made by the City's building official and fire code official relative to the application and interpretation of the California Building Code and Fire Code. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby ordain, as follows: SECTION 1: Section 15.80.010 of Chapter 15.80 is hereby added to Title 15 to read as follows: Section 15.80.010 — Building and Fire Board of Appeals. 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 building code and fire code, as adopted by the City, there shall be and is hereby created a 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, building service equipment, fire protection and fire protection equipment. The Building Official and the Fire Marshal shall be ex officio members and shall act as secretary to said board but shall have no vote upon any matter before the board. The Building and Fire Page 1 of 4 Board of Appeals shall be appointed by the City Council and shall not include any employees of the City of Newport Beach. 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 and Fire Marshal, and may recommend to the City Council such new legislation as is consistent therewith. SECTION 2: Section 15.80.020 of Chapter 15.80 is hereby added to Title 15 to read as follows: Section 15.80.020 —Basis of Appeal. An application for appeal of orders, decisions or determinations made by the Building Official or the Fire Marshal shall be based on a claim that the true intent of either the building code or fire code or their related rules, as adopted by the City, have been incorrectly interpreted, do not apply, or an alternate equally good or better form of construction or method of protection or safety exists. The Building and Fire Board of Appeals shall have no authority to waive the requirements of the City's adopted building and fire codes or their related rules. SECTION 3: Section 15.80.030 of Chapter 15.80 is hereby added to Title 15 to read as follows: Section 15.80.030— Appointment Schedule. All current qualified members of the Building and Fire Board of Appeals shall remain as members. Board members shall be appointed by the City Council on a staggered schedule with the first appointment occurring contemporaneously with the adoption of this ordinance. Three members shall be appointed in 2012 and an additional three members shall be appointed in 2013. Each appointment shall be for a four -year term. SECTION 4: Section 15.80.040 of Chapter 15.80 is hereby added to Title 15 to read as follows: Section 15.80.040 — Repeal of Conflicting Provisions. All prior ordinances and resolutions relating to the Building and Fire Board of Appeals that conflict with Chapter 15.80 are hereby repealed. Page 2 of 4 5 SECTION 5: 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 any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 6: The City Council finds that this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 8: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 10th day of May, 2011, and adopted on the 24th day of May, 2011, by the following vote, to wit: AYES. COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MA Michael F. Henn Page 3 of 4 0 APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY &IWL--- �( I David R. Hunt City Attorney ATTEST: Leilani Brown City Clerk Page 4 of 4 7 EXHIBIT B RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RELATING TO THE MEMBERSHIP, TERMS, AND RESPONSIBILITIES OF THE BUILDING AND FIRE BOARD OF APPEALS; AND WAIVING COUNCIL POLICY A -2 RELATIVE TO THE NUMBER OF TERMS THAT MEMBERS OF THE BUILDING AND FIRE BOARD OF APPEALS CAN SERVE. WHEREAS, the City Council of the City of Newport Beach has multiple Boards and Commissions that assist the Council in serving the needs of the Newport Beach Community; and WHEREAS, these Boards and Commissions are invaluable in encouraging public participation and engagement; and WHEREAS, Boards and Commissions follow Charter Section 700 et seq. and Council Policy A -2 (Board and Commission Appointments); and WHEREAS, the Building and Fire Board of Appeals was established in 1975 by the Uniform Building Code, and has been amended by the City over the years. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach, as follows: SECTION 1. The charge of the Building and Fire Board of Appeals has been 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. SECTION 2. The Building and Fire Board of Appeals shall follow the provisions of Council Policy A -2 relative to annual vacancies on the Board of Appeals, and shall follows the schedule set forth in Ordinance No. 2011 -_ relative to appointments. SECTION 3. The City Council desires to waive the provision of Council Policy A -2 that stipulates that the terms shall not be for more than two (2) consecutive four (4) year terms since the Building and Fire Board of Appeals does not meet on a regular basis, sometimes not meeting in a single year. SECTION 4. The City Council amends the Building and Fire Board of Appeals membership, term, and purpose and responsibilities as described in the attachment to this Resolution. U SECTION 5. The City Council finds that this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 6. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 10th day of May, 2011. Michael F. Henn Mayor of Newport Beach ATTEST: Leilani I. Brown City Clerk Attachment: Information for the Board and Fire Board of Appeal's page of the Boards, Commissions, and Committees Manual 0 BUILDING AND FIRE BOARD OF APPEALS AUTHORIZATION: Established by Uniform Building Code, Vol. 1, Chapter 2, by Ordinance No. 1604; amended by Ordinance No. 82 -22, adopted October 12, 1982; and responsibilities amended by Resolution No. 86-84 on September 22, 1986; amended by Ordinance No. 97- 31 on August 11, 1997; amended by Ordinance No. 2006 -11 on May 9, 2006; amended by Ordinance No. 2011 - _ on May 24, 2011. MEMBERSHIP: Citizens Seven (7) members appointed by the City Council. Two Afugh ically disabled as defifted by the State ef Califerp�a Disabled Aeeess Standards repeated TERM: lf;de€inite Each member shall serve a term of four (4) years and such terms shall be on a staggered basis, pursuant to Ordinance No. 2011- PURPOSE & RESPONSIBILITIES: A. Determine the suitability of alternate materials and methods of construction; B. Provide for reasonable interpretations of the provisions of the Building and Fire Codes; C. To ratify the Building Official's findings and determinations regarding disabled access matters and to hear written appeals brought by any person regarding the Building Official's or the Fire Marshal's orders, decisions or determinations; D. Five (5) members of the Building and Fire Board of Appeals shall act as the Rehabilitation Commission and conduct hearings on abatement of substandard buildings in accordance with Chapter 15.28 of the Newport Beach Municipal Code. The Secretary to the Building and Fire Board of Appeals shall select the five (5) Rehabilitation Commissioners from the seven (7) members of the Building and Fire Board of Appeals on a rotating basis. Section I - Page 2 07 19 2006 05 -10 -2011 10 MEETING: As called STAFF LIAISONS: Building Official, and Fire Marshal, as appropriate Section I - Page 2(a) 0719 -2896 05 -10 -2011 II