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 Norman
 Code of Ordinances
 Chapter 4. BOARDS AND COMMISSIONS
 Article XVI. BOARD OF APPEALS

§ 4-1601. Duties and powers of the Board.

Latest version.

  • Notwithstanding other provisions of this Code adopting the Building Code and any subsequently adopted Building Codes, this section provides for a Board of Appeals and hereby replaces and supersedes any reference to a Board of Appeals found in the currently adopted codes or any subsequently adopted Building Codes. The duties and powers shall be as follows:

    (1)

    Upon proper application, the Board of Appeals has the duty and the power to hear and decide appeals of orders, decisions or determinations made by the building official for the City relative to the application and interpretation of the adopted building and related codes of the City. The members of the Board of Appeals shall be appointed by the Norman City Council and shall hold a term of office as provided for in Section 101(b)(11) of this chapter. The Board of Appeals shall adopt rules of procedure for conducting business and shall render all decisions and findings in writing to the appellant and shall provide a duplicate to the building official whose order, decision or determination was appealed.

    (2)

    The Board of Appeals shall consist of five (5) members who are qualified by experience and training to pass on matters relating to building and construction codes and are not employees of the City. The chief appointing authority shall appoint one (1) alternate member who shall be called by the Board Chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership. Further, it is the intent of this section that the Board will include individuals with at least five (5) years' experience representing the professions or disciplines of architecture; building construction supervision; structural engineering; mechanical engineering or contracting; plumbing, engineering or contracting; electrical engineering and/or fire protection engineering or contracting.

    (3)

    Any person shall have the right to appeal the decision of the Building Official to the Board of Appeals. An application for appeals shall be based on a claim that (1) the true intent of the adopted building and related codes, or the rules legally adopted thereunder, have been incorrectly or improperly interpreted, (2) the provisions of those codes do not fully apply, and/or (3) an equally good or better form of construction is proposed. The Board of Appeals shall not have the authority to waive any requirements of the adopted building and related codes.

    (4)

    The Board shall select one (1) of its members to serve as Chairman.

    (5)

    A member shall not hear an appeal in which that member has any personal, professional or financial interest.

    (6)

    All hearings before the Board shall be open to the public. The appellant, the appellant's representative, the Code Official and any person whose interests are affected shall be given an opportunity to be heard.

    (7)

    When five (5) members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.

    (8)

    It shall take a concurring vote of three (3) Board members to modify or reverse the decision of the Code Official.

    (9)

    Upon the rendering of a final decision, the Building Official for the City shall take immediate action in accordance with the decision of the Board. No appeal shall be had from a decision of the Board of Appeals.

(Ord. No. 0-8283-40; Ord. No. 0-0001-39; Ord. No. 0-0910-7, § 1)