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Home My WebLink About97-450 . RESOLUTION NO. 97-450 A RESOLUTION SETTING FORTH THE ADOPTION OF THE MOHA VE COUNTY BillLDING CODE ADVISORY BOARD FUNCTIONS AND DUTIES. WHEREAS, the Mohave County Building Code Advisory Board approved the Functions and Duties, Exhibit "A", at their meeting on November 12, 1997, and WHEREAS, the Mohave County Board of Supervisors has adopted a building code pursuant to the Arizona Revised Statutes, and WHEREAS, the Arizona Revised Statutes require the establishment of an advisory board to determine the suitability of alternate materials and construction, and to permit interpretations of the provisions of the adopted building code, and WHEREAS, the functions and duties of the advisory board may be specified by regulation of the . Board of Supervisors. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their special meeting on Monday, December 15, 1997, ADOPTED the Mohave County Building Code Advisory Board Functions and Duties, Exhibit "A", as recommended by the Mohave County Building Code Advisory Board. MOHAVE COUNTY BOARD OF SUPERVISORS ATTEST: (iacd / d1t~~~ Carol S. Anderson, Chainnan . . . . EXHIBIT "A" THE MOHA VE COUNTY BUILDING CODE ADVISORY BOARD FUNCTIONS AND DUTIES ARTICLE 1. OBJECTIVE AND SCOPE The Advisory Board is hereby created to determine the suitability of alternate materials or alternate methods of construction under the provisions of the Mohave County Building Code, and to provide for reasonable interpretation ofthe provisions of such Code; except that the Advisory Board shall have no authority relative to the interpretation of the administrative provisions of the Mohave County Building Code. It shall be the further duty of the Advisory Board to hear and decide appeals by any aggrieved party on any decision, finding, or ruling made by the Chief Building Official in his interpretations ofthe adopted Code, except that the Board shall not be empowered to waive requirements of the Mohave County Building Code. ARTICLE 2. MEMBERSHIP The Advisory Board shall consist of a membership as provided in said Code and Arizona Revised Statutes Section 11-862 to the extent that persons meeting the qualifications herein are available within and are residents of Mohave County. Each member shall serve for a term of four years, staggered so that at least one (I) but no more than two (2) terms expire each year. A vacancy for an unexpired term shall be filled in the same manner as the original appointment and the new appointee shall serve the remainder of the unexpired term. A Chairman and a Vice Chairman of the Advisory Board shall be chosen from the membership by the membership. The Chief Building Official shall serve, without vote, as an ex officio member of the Board and shall act as secretary.. When a Board member misses three consecutive meetings with unexcused absences, the Advisory Board may recommend to the Board of Supervisors that the position be declared vacant and that a new person be appointed to serve the remainder of the term. ARTICLE 3. MEETINGS Regular meetings shall be held semi-annually on the second Tuesday of January and June of each year. Other meetings may be called as requested or as needed by the Chief Building Official, the Chairman or by a majority of the members of the Advisory Board. The location of regular meetings shall be rotated between meeting rooms at Kingman, Lake Havasu City, and Bullhead City. . . . MOH A VR rOIlNTV RTJTT .nrNr. rOnlf<' A nVI~ORV ROA Rn RTJNrTrON~ A Nn nTJTrR~ P~gl' ? ARTICLE 4. CODE INTERPRETATION AND REVIEW PROCEDURE A. SUPPORTIVE DATA REQUIRED An applicant for a Building, Electrical, Mechanical, or Plumbing permit, in which the description of work specifies the use of alternate materials or alternate methods of construction or proposes a different interpretation of the Mohave County Building Code, shall have such alternate materials or methods of construction or interpretation properly substantiated by supportive data as required by the Chief Building Official. B. REVIEW OF DECISION An applicant may have a decision of the Chief Building Official reviewed by the Advisory Board when it is claimed that such decision has been incorrectly interpreted. c. APPLICATION FOR REVIEW An applicant may request a review of a specific decision and/or approval of an alternate method of construction or alternate materials as follows: An application for review shall be tiled no less than two (2) weeks prior to a regularly scheduled Advisory Board meeting on forms provided by the Mohave County Building Division. The application shall be accompanied by a fee of Fifty Dollars ($50.00) to defray the cost of staff expenses to prepare such related materials for a hearing. D. REVIEW PROCEDURE 1) Reviews will be heard at regular meetings or at a special meeting called by the Chairman, Chief Building OfficiaJl, or by the majority of the members of the Advisory Board (provided that such application is submitted no less than two (2) weeks prior to such special meeting). 2) The applicant shall appear in person or by an appointed representative or may make a written presentation without being present before the Advisory Board. 3) The applicant may introduce evidence in support of his position regarding alternate materials or alternate methods of construction or interpretation of the provisions of said Code. All information and supporting data shall be presented to the Chief Building Official at the time of filing the application for hearing. 4) The Advisory Board may utilize any source of assistance in their determination. E. DECISIONS The decisions and findings of the Advisory Board shall be final and made in writing to the Chief Building Official and the applicant within 10 days after said hearing is final. . . . MOH A VI? ('OTJNTV RTJIT nTNr. ('Onll{ A nVTSORV ROA Rn FTJN('TTONS ANn nTJTfFS P9gP ~ F. APPEALS A person aggrieved by a decision of the Advisory Board may, at any time within 30 days of the service of the decision, appeal to the Superior Court and the matter shall be heard de novo as appeals from courts of the justices of the peace. Service of the decision and proof thereof shall be by certified mail to the applicant. G. CODE REVIEWING PROCEDURES The Advisory Board may, in addition to any procedures devised by the Advisory Board, assist and advise to the Planning and Zoning Commission in recommendations on any proposed code changes. The Chief Building Official and any appointed members of his staff shall participate in and coordinate the functions of all code reviewing procedures. ARTICLE 5. ADVISOR TO THE: CHIEF BUILDING OFFICIAL The Advisory Board may advise the Chief Building Official in promulgating forms, policies and procedures which are necessary to interpret, implement and enforce the Mohave County Building Code. However, the Advisory Board shall have no authority relative to the interpretation of the administrative provisions of the Mohave County Building Code nor shall the Board be empowered to waive requirements of the Mohave County Building Code. ARTICLE 6. BY -LAWS A. The Chairman of the Building Code Advisory Board shall be elected by a majority of the entire membership at the first meeting of each year to serve for a term of one (1) year. A Vice Chairman shall be elected in the same manner. B. The Chairman, or in his absence the Vice Chairman or the Chief Building Official, shall preside at all meetings and hearings, ruling on procedure and order of presentation. He shall perform such other duties as may be assigned to him by the members or prescribed by these by-laws. C. The membership may further establish by-laws for the order of business, code recommendations and amendment procedures, conflict of interest guidelines, meetings and fee schedules. D. The secretary shall keep, or cause to be kept, minutes of the proceedings of the Advisory Board and shall prepare an agenda for each meeting which shall be furnished to members five (5) days prior to the meeting or hearing. The secretary shall be custodian of the records and shall, upon the filing of an Application for Hearing, furnish each regular member with a copy of all data submitted with such Application for Hearingove (5) days prior to the hearing. MOHAVE COUNTY BUILDING CODE ADVISORY BOARD APPLICATION FOR REVIEW -ThiS form is used to request a review of an interpretation of the Mohave County Building Code made by the Chief Building Official or to request approval for the use of an alternate material or method of construction which the Chief Building Official has not approved. NOTE: The Advisory Board is not empowered to waive requirements ()f the Mohave County Building Code nor to interpret the administrative provisions of the Cod_a. PART A: APPLICANT'S INFORMA TI()N Applicant's Name: Date: Address: Permit Number: Job Location: Check all of the following that apply: I am requesting . Review of the Chief Building Official's code interpretation . Approval to use an alternate method of construction o COMPLETE PART B D COMPLETE PART C DCOMPLETE PARTC . Approval to use an alternate material of construction apPlicable Code(s): BUILDING CODE 0 PLUMBING CODE 0 ELECTRICAL CODE D MECHANICAL CODE D ACCESSIBILITY D OTHER (List): Code Section(s): PART B: REQUEST FOR REVIEW OF .A CODE INTERPRETATION Complete each of the following descriptions. Attach substantiating information or additional sheets as necessary. Describe the Chief Building Official's interpretation: Describe the interpretation you de~sire: Describe why your interpretation is consistent with the intent of the code(s). Attach appropriate eupporting information or data: ~ART C: USE OF ALTERNATE MATERIALS OR METHODS OF CONSTRUCTION "omplete the following descriptions. Attach substantiating information and/or additional sheets as necessary. Describe the alternate material or method of construction you would like to use. Attach substantiating information which shows how the intent of the code is met. List the reason(s) why the Chief Building Official will not approve the alternate material or method of construction you would like to use. .A fifty dollar ($50.00) non-refundable fee must accompany this application when it is submitted to the Building ivision for hearing by the Advisory Board. The hearing will be held within two (2) weeks of the receipt of the fully completed application and the fee. , understand and acknowledge that the decision of the Advisory Board will be binding upon myself and the Chief Building Official, unless the decision is further appealed to the Superior Court. The applicant will be notified in writing of the Board's decision within ten (10) days of the conclusion of the hearing. , acknowledge that the Advisory Board is not empowered to waive requirements of the Code nor to interpret the Administrative provisions of the Code. I have attached copies of all necessary supporting documents for review by the Advisory Board members. My signature below certifies that all statements I have made on this application are true and correct to the best of my knowledge, and that I have read, understand, and will comply with the requirements stated herein. Applicant's Signature: NOTE: This application will not be deemed comple\te if all supporting data has not been provided at the time of its submittal, or if it is not signed by the applicant. DO NOT WRITE BELOW THIS LINE. FOR OFFICIAL USE ONLY. RECEIVED FOR THE DIVISION OF BUILDING INSPECTION: BY: THIS APPLICATION IS DEEMED COMPLETE AND FEE PAID: BY FORWARDED TO THE ADVISORY BOARD MEMBERS ON DATE: DATE: FOR HEARING ON .Y APPLICANT NOTIFIED OF THE HEARING: DATE ____METHOD BY