POL Government Elected Officials Auditor Hull Caballero Charter, Code & Policies City Code & Charter Online Code & Charter Title 27 Heating and Vent Chapter 27.02 Organization and Enforcement
27.02.030 Board of Appeals.

(Amended by Ordinance Nos. 145373, 146232, 150873, 153620, 162103, 174902 and 176955, effective October 9, 2002.)  In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this Code, a Board of Appeals has been created.

A.  Created ‑ Membership ‑ Vacancies.  There has been created and established and hereby continued, a Board of Appeals of this Title, consisting of three members, and an alternate for each member, appointed by the Mayor.  Members, by experience and training, shall be qualified to pass upon the safety of installations and apparatus regulated by this Code.  Appointments shall be made for a term of 3 years.  No member shall hear or decide a case in which he is directly or indirectly interested.  Vacancies occurring on the Board of Appeals from whatever cause shall be filled by appointment by the Mayor, either permanently or temporarily as the case may demand.  Any member of the Board of Appeals may be removed by the Mayor for malfeasance in office, incapacity, or neglect of duty.

B.  Power of and Appeal to Board.  Any applicant for a heating or ventilating permit whose application has been rejected by the Permit Division of the Bureau of Development Services or any person who shall have been ordered by the Inspector to incur expense in the alteration, repair, or construction of a heating or ventilating system may, within 15 days thereafter, appeal from such action by serving upon the Bureau of Development Services a notice in writing of appeal, and the notice or a certified copy thereof shall at once be transmitted to the Board of Appeals.  After notice to such parties as the Board may direct, a hearing shall be had, and the Board may by a majority vote affirm, annul, or modify the action of the Bureau of Development Services.  The decision of the Board shall have full force and effect.  A certified copy of the Board’s decision in each appeal shall be delivered to the appellant and a copy filed for record in the Bureau of Development Services.  Where unquestionably and clearly, practical difficulties, unnecessary hardship or consequences inconsistent with the general purposes of this Code may result from the literal interpretation and enforcement thereof, the Board of Appeals upon unanimous vote may grant adjustments or variances in a specific case with such conditions and safeguards as it may determine, in harmony with the general purpose, intent, and spirit of this Code, so that the public safety and welfare shall be secured and substantial justice shall be done.  If interpretation of the provisions of this Code is required, decisions thereon may be determined by a majority vote of the Board.  Materials and methods found equivalent to those called for by the Code may be approved by a majority vote of the Board.

C.  Fees for appeals.  The fees for all appeals are stated in the current approved fee schedule.  This schedule will be available at the DevelopmentServicesCenter.

D.  Rules to be Adopted.  The Board of Appeals from time to time shall adopt such rules for conducting its hearings as the Board may deem proper.