Ordinance No. 95-21 CITY OF TIGARD, OREGON
ORDINANCE NO. 95- a
Aim
AN ORDINANCE AMENDING TITLE 2 OF THE MUNICIPAL CODE TO ESTABLISH A
BUILDING APPEALS BOARD AND DECLARING AN EMERGENCY.
WHEREAS, ORS 455. 020 (4) enables municipalities to enact regulations
providing for local administration of the state building code and a
local appeals board; and
WHEREAS, the City Council finds that a building appeals board shall be
established as required by state codes . adopted pursuant to Section
14.04 .030; and
WHEREAS, the City Council finds that creation of such a board is
immediately needed to ensure the public peace, health, and safety of the
citizens of Tigard; now, therefore;
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Title 2 of the Tigard Municipal Code is amended by adding
Chapter 2 .09 Building Appeals Board as follows :
Chapter 2 . 09 Buildincr Appeals Board.
2.09.010 Purpose
2.09.020 Appointment--Membership
2.09.030 Qualifications
2.09 .040 Board removal
2.09.050 Vacancy
2.09 .060 Election of officer:,-
2.09 .070 Meetings--Quorum--Voting
2 .09 .080 Board member conflict of interest
2 .09 . 090 Disclosure of prehearing contact
2.09 .100 Powers and duties of board
2.09 .110 Rules and procedures
2 .09 .010 Purpose.
The purpose of the Tigard building appeals board is to hear and
decide appeals of orders, decisions or determinations made by the
building official relative to the application of Title 14 of the Tigard
Municipal Code.
2 .09 .020 Appointment--Membership.
The board shall consist cf fourteen members who are not council
members, officers or employees of the city. The members of the board
shall be appointed by the mayor, subject to confirmation by the council,
for a term of four years, and shall serve at the pleasure of the mayor
ORDINANCE No. 95--al
Page 1
and council. The Building Official shall be an ex-officio member
shall act as secretary to the board but shall have no vote on any mai
before the board.
ME MM 2. 09.0330 Oualifications.
The membership shall include:
A. one individual representing the general public;
B. one individual representing the Oregon Disabilit
Commission;
C. the Fire Marshal or designee of the Tualatin Valley Fire
Rescue District.;
D. one licensed general contractor actively engaged in
building business;
E. one architect, registered under state law;
F. one professional engineer, registered under state law
competent in matters of structural engineering;
G. one building official in the active employment of an OrF
municipality;
H. one attorney actively engaged in the practice of law in
State of Oregon; and
I. up to six additional members qualified by their construct
trade experience and training.
2 . 09 . 040 Board removal.
A board member may be removed by the appointing authority, ai
hearing, for misconduct or nonperformance of duty.
2 . 09 .050 Vacancy.
Any vacancy in the board shall be filled by the appoint
authority for the unexpired portion of the term of the predecessor
the office.
2.09.060 Election of officers.
The board, at its first meeting in each fiscal year, shall elec
chairperson and vice-chairperson, who shall serve at the pleasure of
MAN board. The chairperson and vice-chairperson shall be voting member:
the board. The vice-chairperson shall preside in the absence of
chairperson.
2 . 09 . 070 Meetings--Ouorum--Voting.
The board shall meet as necessary. Four members constitut
quorum. All decisions of the board shall be by a majority vote of tr
members present and voting. Any item shall be deemed not to pass u
there is lack of majority vote.
ORDINANCE No. 95- -al
Page 2
2 .09*.080Board member conflict of interest.
A member of the board shall not participate in any board proceeding
or action in which that member has a personal or pecuniary interest .
Any actual or potential interest shall be disclosed at the meeting of
the board where the action is being taken.
mom
2 .09.090 Disclosure of prehearing contact._
A member of the board shall disclose to the board, prior to any
proceeding of the board, any prehearing or ex parte contacts with the
applicant, or applicant' s officers, agents, or employees. A member of
the board shall disqualify himself or herself or be disqualified' by the
remaining members of the board, when it .appears that the impartiality or
objectivity of any member has been compromised by prehearing or ex parte
contact.
2 .09.100 Powers -and duties of board.
A. The board shall have the authority to hear and decide appeals
of orders, decisions or determinations made by the Building
Official relative to the application of Title 14 of the Tigard
Municipal Code and any other authority granted in statute,
law, or rule. The board shall have no authority relative to
interpretation of the administrative provisions of Title 14 of
the Tigard Municipal Code nor shall the board be empowered to
waive requirements of Title 14 of the Tigard Municipal Code.
B. In granting any appeal, wherein the requirements of Title 14
Immak of the Tigard Municipal Code are modified, the board shall
figm
first find that a special individual reason makes compliance
with the strict letter of Title 14 of the Tigard Municipal
Code impractical and that the modification is in conformance
with the intent and purpcze of Title 14 of the Tigard
Municipal Code and that such modification does not lessen any
fire-protection requirements or any degree of structural
integrity.
C. In granting any appeal wherein an alternate material or method
of construction not specifically prescribed by Title 14 of the
Tigard Municipal Code is approved, the board shall first find
that the proposed design, material, method, or work offered
is, for the purpose intended, at least the equivalent of that
prescribed by Title 14 of the Tigard Municipal Code in
suitability, strength, effectiveness, fire resistance,
durability, safety and sanitation. The board shall require
that sufficient evidence or proof be submitted to substantiate
any claims that may be made regarding such alternates.
D. The details of any board action, with accompanying findings,
shall be entered into the record for the property in question.
Agh
ORDINANCE No. 9 5-__ai._
Page 3
2 .09.110 Rules and procedures .
The board shall establish such rules and regulations for its
governance and procedure consistent with the laws of the state and the
ordinances of the city.
SECTION 2: Emergency
The City Council finds that it is necessary to establish a building
appeals board with the least possible delay pursuant to the requirements
of the state codes adopted by Section 14 .04 .030 . Therefore, an
emergency is declared to exist, and this ordinance shall become
effective immediately upon passage and approval of the City Council.
PASSED: By 1M M vote of all Council members present
after being r ad by number and title only, this /D-Lh day
of 1995.
atherine Wheatley, City Rec der
APPROVED: By Tigard City Councilthi /� day of
1995 .
Jam icoli, Mayor
Approved as to form:
City Attorney
Date
s
H:\login\david\appbrd.ord
ORDINANCE No. 95- a1
Page 4