Reviews the building, electrical, plumbing, and fire codes for updating and changes, hears appeals of decisions of the code official or fire marshal. The City Council appoints eleven regular members and eleven alternate members. One regular and one alternate member must represent each of the following fields: a professional engineer with electrical/mechanical experience, a professional engineer with structural/civil experience, a master plumber, licensed electrician or electrical contractor, a major contractor or superintendent, a minor contractor or home builder, a member with personal experience in fire prevention, a registered architect, a residential rental property owner, a member with experience in energy conservation, and a lay person. The length of terms is three years, with openings occurring in August. Click on Building Construction Codes Appeals for a an appeal hearing schedule and application form.
Sec. 6-17. Amendments.
The code adopted by this article is hereby amended by substituting the following sections in lieu of those sections with corresponding numbers in the code, or, where there is no corresponding section in the code, the following sections shall be enacted as additions to the code:
113 BUILDING CONSTRUCTION CODES COMMISSION
113.1 Creation of the commission. There is hereby created a building construction codes commission consisting of eleven (11) members and eleven (11) alternates.
113.1.1 Membership of the commission. The commission shall consist of eleven (11) members appointed by the city council, who shall serve staggered three (3) year terms, or until a successor has been appointed and qualified. Upon original appointment, the terms shall be staggered such that, to the greatest extent possible, one-third (1/3) of the members’ terms expire each year. Appointments to fill vacancies shall be for unexpired terms only.
113.1.2 Qualifications of commission members: The commission shall be composed of individuals with the following qualifications:
113.1.3 Alternates. Whenever possible, the city council shall appoint an alternate commissioner of equal qualifications for each regular commissioner appointed. The alternate shall serve a term contemporaneous to the term of the regular commissioner of equal qualifications.
113.1.4 Commission chair. The board shall select one of its members to serve as chair and the building official shall designate a clerk from the department to serve as secretary to the board, who shall keep a detailed record of all proceedings on file in the Community Development Department.
113.1.5 Meetings. Upon the request of any commissioner or whenever there is any business to transact before the commission, the commission shall meet once each month.
113.1.6 Absence of commissioners. During the absence of a commissioner, the designated alternate shall sit on the commission. Any other alternate may sit on the commission for a member whose alternate is not present as directed by the chairman. The Secretary of the Board shall call alternates in accordance with the policies of the Board. While sitting on the commission, the alternate shall have the full power and authority of the regular commissioner. The chair of the commission is authorized to excuse any member from attendance at a commission meeting; provided that the member requested to be excused before the meeting. Any member who is absent, without being excused, from twenty-five (25) percent of the regular commission meetings held in a calendar year shall automatically forfeit the office. Any member who is absent, without being excused, from three (3) consecutive regular meetings shall automatically forfeit the office. It shall be the duty of the chair to promptly notify the city council of the vacancy. The city council, upon such notice, shall appoint a new commissioner with equal qualifications to fill the remainder of the original term.
113.2 Application for appeals. The owner of a building or structure or any person directly affected by a decision of the building official or fire marshal may appeal to the building construction codes commission from a decision of the official refusing to grant a modification, variance or waiver to the provisions of the Building, Electrical, Plumbing, Mechanical, Fire Prevention, One and Two Family Dwelling or Property Maintenance codes covering the manner of construction or materials to be used in the construction, erection, alteration, or repair of a building or structure. Application for appeal may be made when it is claimed that the true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, an equally good or better form of construction can be used, or undue hardship is created by strict compliance with the letter of the code but has no significant effect on the health, safety and welfare of the public or any individual. Applicants for a mechanical, electrical or plumbing certification who are denied or whose certification is revoked by the director of community development for any reason may also appeal that decision to the building construction codes commission. A fee of one hundred twenty dollars ($120.00) must be submitted with the application. The fee shall be refunded to the applicant if the applicant appears at the commission meeting at which the appeal is scheduled to be heard. An application for appeal must be requested and filed by the applicant within ninety (90) days following the date of the denial letter issued by the building official or fire marshal.
113.2.1 Notice of meeting. The commission shall meet upon notice of the chairman within ten (10) days of filing of an appeal or at stated periodic meetings if warranted by the volume of work.
113.2.2 Public hearing. All hearings and meetings of the commission shall be public. All hearings considering an appeal of a ruling of the building official or fire marshal shall be on the record and be recorded by a person qualified as a court reporter. At the appeal hearing, the appellant, and appellant's representative, the official of the jurisdiction and any other person whose interests may be affected by the matter on appeal, shall be given an opportunity to be heard. All testimony on matters on appeal shall be given under oath.
113.2.3 Adjourned meeting. When eight (8) qualified commissioners are not present to consider a specific appeal, either the appellant, the building official or their representative may request a postponement of the hearing.
113.2.4 Action of the commission. The commission shall affirm, modify or reverse the decision of the building official or fire marshal by a concurring vote of the majority of its members. Every action of the commission shall be by motion or resolution and the commission's decision shall be evidenced by certified copies which shall be furnished to the appellant and to the building official.
113.2.5 Exemption of members. A member of the commission shall not vote on any question in which that member is engaged as contractor, material dealer, or in the preparation of plans or specifications, or in which the board member has any personal interest.
113.2.6 Determining vote. Failure to secure six (6) concurring votes shall be deemed a confirmation of the decision of the building official except that the appellant shall be entitled to further hearing before a full commission if there were not eleven (11) qualified members present when the vote was taken.
113.2.7 Enforcement of decision. The building official shall take immediate action in accordance with the decision of the board.
113.3 Court review. Any person aggrieved by a decision of the commission may appeal to the circuit court as provided by Chapter 536 of the Revised Statutes of Missouri.
113.4 Code revisions. The commission shall, at the request of the city council, review the Building and other codes periodically for updating and recommending changes.
(Ord. No. 14115 § 1, 7-5-94; Ord. No. 14248 § 1, 10-10-94; Ord. No. 14977, § 1, 9-16-96; Ord. No. 15399, § 1, 10-20-97; Ord. No. 15629, § 1, 6-1-98; Ord. No. 16594, § 1, 9-18-00; Ord. No. 17500, § 1, 11-4-02; Ord. No. 17658, § 1, 4-21-03; Ord. No. 18940, § 1, 3-6-06; Ord. No. 19351, § 1, 1-2-07; Ord. No. 19432, § 1, 3-5-07; Ord. No. 19675, § 1, 9-17-07; Ord. No. 19698, § 1, 10-15-07; Ord. No. 20124, § 1, 12-1-08; Ord. No. 20284, § 1, 6-1-09; Ord. No. 20696, § 1, 8-2-10; Ord. No. 20906, § 1, 3-21-11; Ord. No. 21095, § 1, 9-19-11; Ord. No. 21804, § 1, 9-16-13; Ord. No. 22085, § 1, 6-16-14; Ord. No. 022824, § 1, 6-6-16; Ord. No. 022932, § 1, 9-19-16)