HomeMy WebLinkAbout17779a s a a a a a a a a a a a
ORDINANCE NO. 17,779
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2 AN ORDINANCE TO AMEND CHAPTER 8 OF THE
3 LITTLE ROCK, ARK., REV. CODE (1988) TO CREATE A
4 CONSTRUCTION BOARD OF ADJUSTMENT &r
APPEALS; TO ELIMINATE THE BOARD OF BUILDING
5 CODE APPEALS; TO ELIMINATE THE BOARD OF
6 ELECTRICAL CODE APPEALS; TO ESTABLISH AN
7 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
8 Short Title
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10 "AN ORDINANCE TO CREATE A CONSTRUCTION BOARD OF ADJUSTMENT &c
11 APPEALS"
12 WHEREAS, the staff of the Building Codes section has met on numerous occasions to
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review and discuss the current provisions for appeals as they relate to building, electrical,
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15 mechanical, and plumbing installations in new and existing structures, and other related
16 installations; and
17 WHEREAS, the following set of guidelines has been established to deal with such appeals
18 and, to strengthen and clarify the appeals procedure for all building, electrical, mechanical and
19 plumbing installations within the City.
2b NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
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22 THE CITY OF LITTLE ROCK, ARKANSAS:
23 SECTION 1. Little Rock, Ark., Rev. Code § 8 -30 (1988) is hereby amended to read as
24 follows:
25 (A) Constructions Board of Adjustments and Appeals.
26 The Construction Board of Adjustments and Appeals is
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created to hear appeals of decisions and interpretations by a City
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29 building official, and to consider variances of the technical codes
30 adopted or followed by the City. These technical codes include
31 building codes, electrical codes, plumbing and mechanical codes
32 for new and existing installations and structures.
33 (1) Membership.
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This Board shall consist of seven (7) members with
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36 expertise in dealing with the various city codes. The members shall
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include a registered architect; a licensed building contractor; a
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registered electrical engineer; a licensed mechanical or plumbing
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contractor; a registered mechanical engineer; a licensed master
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electrical contractor; and, a registered structural engineer. No
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board member shall be permitted to sit in any case in which that
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member has a personal or financial interest in the matter under
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consideration.
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(2) Term of Office.
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Upon the expiration of the term of the initial board
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members, each member shall serve a term of four (4) years, and
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may be reappointed for one additional four (4) year term. The
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initial board shall draw lots with two members to initially serve one
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(1) year terms; two members to initially serve two (2) year terms;
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two members to initially serve three (3) year terms; and one
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member to initially serve a four (4) year term. The persons
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selected to serve a three (3) or four (4) year term may only be
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reappointed to serve one additional four (4) year term.
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(3) Attendance and Vacancies.
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Members of the board shall be subject to the attendance
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policies established by the City Board of Directors. Vacancies shall
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be filled in accordance with City policies. Any person appointed
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to fill an unexpired term shall serve only until the end of that term,
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but can then be considered for reappointment.
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(4) Quorum
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A simple majority of the membership of the board shall
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constitute a quorum. In granting a variance to any City technical
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code, an affirmative vote by a majority of the members voting and
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present, but in any event at least three (3) votes, is required. To
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modify a decision of a building official shall require at least four (4)
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affirmative votes.
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(5) Secretary
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A City building official shall act as secretary of the
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Board and shall make a detailed record of all proceedings
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which shall, at a minimum, set forth the reasons for a
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decision, the vote of each member, the absence of any
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member, and the failure of any member to vote.
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(B) Procedure for Appeals
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(1) Any person entitled to appeal a decision of
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the building official shall file a written appeal with
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the Board within thirty (30) calendar days of the
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date of a decision by the building official. Only the
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owner of a building, structure, or service system, or
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the duly authorized agent of such person, may
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appeal a decision of a City building official to the
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Construction Board of Adjustment and Appeals if
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one of the following conditions are claimed, in the
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written notice, to exist:
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(a) The building official rejected or
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refused to approve the mode or manner of
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construction proposed to be followed or materials
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to be used in the installation or alteration of a
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building, structure or service system.
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(b) The provisions of the adopted code
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do not apply to the specific case;
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(c) There is an equally acceptable, or
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more desirable, form of installation that can be
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employed in the specific instance; or,
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(d) The true intent and meaning of the
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code, or any of the regulations adopted pursuant to
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the code, has been misconstrued or incorrectly
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interpreted.
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1 (2) The building official may limit the time for
2 taking an appeal if the official believes that a
3 building, structure, or service system is unsafe,
4 unsanitary, or dangerous. If the time for appeal of
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a decision is limited, the order of the building
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7 official shall state the time for appeal and shall give
8 a reason why it is believed the building, structure or
9 service system is unsafe, unsanitary or dangerous.
10 SECTION 2. Variances.(A) The Construction Board of Appeals, after a hearing upon
11 an appeal, may grant a variance from the strict application of any provision of any technical code
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in a particular case when to do so would:
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14 (1) Create a substantial hardship;
15 (2) Be contrary to the spirit and purpose of any technical code
16 or the public interest;
17 (3) Ignore special conditions, or circumstances, peculiar to a
18 particular building, structure, or service system, which are not
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applicable to other similar structures;
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21 (4) Grant the minimum possible variance that will allow the
22 reasonable use of the building, structure, or service system; and
23 (5) Be in harmony with the general intent and purpose of City
24 technical codes and, will not be detrimental to the public health,
25 safety and welfare.
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27 (B) In granting a variance, the Board may prescribe a reasonable time limit within
28 which to commence, or to complete, or both, the action for which the variance is sought. In
29 addition, the Board may prescribe additional conditions and safeguards.
30 SECTION 3. Rules and Regulations. The Board is empowered to establish rules and
31 regulations for its operation. Meetings of the Board shall be held as needed, provided that:
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(A) The Board shall meet whenever such a meeting is called by
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34 the building official;
35 (B) The Board shall meet within thirty (30) calendar days of the
36 receipt of a notice of appeal.
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SECTION 4. Decisions. Decisions of the Board shall be made without unreasonable delay
1 and shall be recorded in a docket book maintained by the City building official. Each decision shall
2 include some statement of reasons for the decision. If a decision of the Board reverses or modifies
3 a refusal, order or disallowance of the building official, or varies the application of any provision
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of a technical code, the building official shall immediately take action to comply with the Board
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5 decision. A certified copy of the decision shall be mailed, or otherwise delivered, to the appellant;
7 a copy shall also be posted in the office of the building official for two weeks after being noted on
8 the Board docket.
9 SECTION 5. Little Rock, Ark., Rev. Code § 8 -121 (1988) is hereby amended to read as
10 follows:
11 Electrical Code Appeals: refer to Section 8 -30
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Sections 8 -122 to 8 -129 reserved.
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14 SECTION 6. Little Rock, Ark., Rev. Code § 8 -536 (1988) is hereby amended to read as
15 follows:
16 Plumbing/Mechanical Code Appeals: refer to Section 8 -30
17 Sections 8 -537 to 8 -565 reserved.
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SECTION 7. Little Rock, Ark., Rev. Code §§ 8 -121 to -129 (1988) are hereby repealed.
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20 SECTION 8. Effective Date. This ordinance shall be effective on and after October 1,
21 1998.
22 SECTION 9. Repealer. All laws and parts of laws inconsistent with the provisions of this
23 ordinance are hereby repealed to the extent of such inconsistency.
24 SECTION 10. Severability. In the event any title, section, subsection, subdivision,
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25 paragraph, subparagraph, item, sentence, clause, phrase, or word of this ordinance is declared or
27 adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the
28 remaining portions of the ordinance which shall remain in full force and effect as if the portion so
29 declared or adjudged invalid or unconstitutional was not originally a part of this ordinance.
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2 PASSED: July 7, 1998
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4 ATTEST:
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ROBBIE HANC CK
8 CITY CLERK
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11 APPROVED AS TO LEGAL FORM:
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14 THOMAS M. CARPENTER
CITY ATTORNEY
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APPROVED:
MICHAEL KECK
VICE -MAYOR