Loading...
HomeMy WebLinkAbout2018-03-26-minutes-cds-study-sessionKITTITAS COUNTY COMMISSIONERS CDS Study Session Regular Meeting Monday March 26, 2018 -1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Building and Fire Board of Appeals 3. Other business 4. Adjourn Created on 3123/2018 1:58:10 PM KITTITAS COUNTY CDS STUDY SESSION MINUTES COMMISSIONERS' AUDITORIUM, 205 WEST 5TH ROOM 109 - ELLENSBURG Regular Meeting MONDAY 1:30 PM MARCH 26, 2018 Board members present: Chairman Laura Osiadacz, Vice Chairman Obie O'Brien, Paul Jewell Others: Dan Carlson, Mike Flory, Stephanie Mifflin (CDS), Mark Cook, Candie Leader, Lucas Huck (PW), two members of the public. Meeting was called to order at 1:30 P.M. Building and Fire Board of Appeals Director Dan Carlson gave a brief summary of the adopted codes that are already in place for the Fire Marshal in regards to Wildland Urban Interface Code (WUIC). Dan stated a press release was sent out to accept applications for a WUIC committee. Dan stated there is a link on the County website for Board of Appeals for Building and Fire Code related items. See documents attached documents. Dan briefed the Board on these documents. There was discussion between the Board and Director Carlson on the function of a variance board vs. the function of an appeals board. Stephanie Mid# 2018-03-26 MINUTES 1 KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Laura Osiadacz, Chairman Kittitas County Boards and Committees 1. (Vacant) Architect Indefinite 2. (Vacant) Engineer Indefinite 3. (Vacant) Contractor Indefinite 4. (Vacant) Member Indefinite 5. (Vacant) Member Indefinite The Building Board of Appeals is created to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the adopted codes, except, appeal of any floodplain, critical area or hazard area shall be made to the Hearings Examiner. Members shall be qualified by experience and training to pass judgement on matters pertaining to building codes and construction and who are not employees of the jurisdiction. The building official shall be an ex -officio member of the board but shall have no vote on any matter before the board. The Board of Appeals shall be appointed by the Board of County Commissioners and shall hold office at its pleasure. At least one member shall be a professional architect registered in the State of Washington, one member shall be a professional engineer registered in the State of Washington, and one member shall be a licensed contractor. The board shall adopt rules of procedure for conducting its business, and shall render decisions and findings in writing to the appellant with a duplicate copy to the building official. The Board of Appeals shall have no authority to interpretation of the administrative provisions of the adopted codes, nor shall the board be empowered to waive requirements of adopted codes or laws. The building official shall take immediate action in accordance with the decision of the board. Meetings are scheduled as necessary. A $500 fee is required for all appeals to be heard. Appeals of decisions of the board shall be made to the Board of County Commissioners. The processes of the Building Board of Appeals shall not be construed to deprive any person of recourse to the courts as they may be entitled to under the law. KITTITAS COUNTY BUILDING BOARD OF APPEALS - BYLAWS 1. Mission. To serve the interests of the citizens of Kittitas County by promoting building safety and to advise the building code official appointed by the Board of County Commissioners in both building and life safety matters. 2. Purpose. The Building Board of Appeals is established to hear and decide appeals of orders, decisions or determinations made by the building code official relative to application and interpretation of the International Building Codes per Kittitas County Code Title 14.04. The Board of Appeals shall have no authority to interpretation of the administrative provisions of the adopted codes, nor shall the board be empowered to waive requirements of adopted codes or laws. 3. Membership. The Building Board of Appeals shall consist of five (5) members who are qualified by experience and training to pass judgement on matters pertaining to building construction and I.ife safety protection. At least one member shall be a professional architect registered in the State of Washington, one member shall be a professional engineer registered in the State of Washington, and one member shall be a licensed contractor. The building official shall be an ex officio member and shall not have a vote on any matter before the board. 4. Terms. Five(5)years. 5. Appointment. The Building Board of Appeals shall be appointed by the Board of County Commissioners, 6. Termination a. Removal by the Building Board of Appeals. If the Building Board of Appeals determines by a majority vote that a member should be removed, the Chair of the Building Board of Appeals shall report that recommendation to the Board of County Commissioners for its consideration. b. Resignation. Resignations by members shall be submitted in writing to the Building Board of Appeals Chair or Clerk. They will forward a copy of the resignation to the Board of County Commissioners. c. Reasons for dismissal. The Board of County Commissioners may remove a member when it determines that it is in the best interest of the Building Board of Appeals or the county to do so. 7 Meetings. The Building Board of Appeals shall meet as needed, either for appeals as they occur or as the Building Board of Appeals finds necessary. a. Public meetings law. The Building Board of Appeals is a public body subject to the public meetings and records law. All meetings will be open to the public. b. Notice. The Building Board of Appeals will provide for and give public notice, reasonably calculated to give actual notice, to board members, interested persons, news media that have requested notice, and the general public. Notice shall include the time and place for holding regular meetings. The notice will also include a list of the primary subjects anticipated to be considered at the meeting. c. Meeting location. The Building Board of Appeals meetings are generally held at the Community Development Services conference room. d. Quorum. The majority of the appointed membership of the Building Board of Appeals will constitute a quorum for the transaction of all business at meetings. e. Decision making procedure. Each Building Board of Appeals member will be entitled to one vote on all issues presented at meetings at which the member is present. A simple majority vote is the primary decision making method. Majority is defined as a majority of the appointed membership. Minutes. Minutes will include meeting length, members present, motions, proposals, resolutions, and orders proposed and their disposition. Minutes will be distributed to the Building Board of Appeals and posted on the Community Development Services website. g. Agendas. Items may be placed on a meeting agenda by any Building Board of Appeals member or by county staff. The agenda will be distributed to members at least seven (7) days prior to a meeting. 8. Officers: Officers of the Building Board of Appeals shall consist of a Chair and Vice -Chair. A Clerk will be provided by Community Development Services. a. Chair and Vice -Chair appointment. The members of the Building Board of Appeals will elect the Chair and Vice -chair. The chair shall serve a maximum term of one year. After that term the Building Board of Appeals shall select a new chair and vice -chair. b. Chair responsibilities. The chair will lead and guide the conduct of public meetings. The chairperson is the official representative of the Building Board of Appeals and shall be the official spokesperson. c. Vice -Chair responsibilities. In the absence of the chair, the vice -chair will assume the chair's responsibilities. If neither the chair nor the vice -chair is available for a public meeting, then the assembled members will select a temporary chairperson to conduct the meeting. d. Vacancies or removal of officers. The Board of County Commissioners may remove a Chair or Vice -Chair on its own motion or upon the recommendation of the Building Board of Appeals when it determines that it is in the interest of the Building Board of Appeals or the county to do so. If the Chair is removed, the Vice -Chair will assume the Chair's position. If the Vice -Chair is removed, the Building Board of Appeals will elect a replacement. 9. Conflicts of Interest a. Declaration. Building Board of Appeals members are expected to declare a conflict of interest prior to consideration of any matter causing a potential or actual conflict. b. Potential conflict defined. A potential conflict of interest exists when a Building Board of Appeals member takes an action that reasonably could be expected to have a financial impact on that member, a relative, or a business with which the member or member's relative is associated. The Building Board of Appeals member may participate in an action after declaring the potential conflict and announcing its nature. c. Actual conflict defined. An actual conflict of interest exists when an action is reasonably certain to result in a special benefit or detriment to the Building Board of Appeals member, a relative, or a business with which the member or member's relative is associated. The member will declare the actual conflict and announce its nature. The member must then refrain from taking any official action. 10. Amendment to Bylaws The Building Board of Appeals will periodically review their bylaws and may propose amendments to the bylaws. Any recommendations agreed upon by the majority of the members shall be forwarded to the Board of County Commissioners for its approval. 11. Community Relations/Public Input Any member of the public will be welcome to attend and provide input at the Building Board of Appeals meetings. Public comments will be encouraged and will be accepted verbally or in writing. Anyone who wishes to voice an opinion, information or concerns to the Building Board of Appeals may attend meetings or contact the Chair, the Vice -Chair, or the Clerk appointed by Community Development Services. Arrangements will be made and time will be allotted at meetings as appropriate to assure broad public participation. ADOPTION Bylaws are in full force and effect when adopted and approved by the Building Board of Appeals. Building Board or Appeals supporting code citations 2015 1 BC: SECTION 113 BOARD OF APPEALS [A] 1.13.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. [A] 113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code. [A] 113.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass Ljudgement] on matters pertaining to building construction and are not employees of the jurisdiction. 2015 IRC: SECTION R112 BOARD OF APPEALS R112.1. General in order to hear and decide appeals of orders, decisions or detenninations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The building official shall be an ex officio member of said board but shall not have a vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render decisions and findings in writing to the appellant with a duplicate copy to the building official. R112.2 Limitations on authority. An application for appeal shall be based on. a claim that the true .intent of this code or the rules legally adopted thereunder have been. incorrectly interpreted, the provisions of tins code do not fully apply or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code. R112.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass judgement on matters pertaining to building construction and are not employees of the jurisdiction. R112.4 Administration. The building of shall take immediate action in accordance with the decision of the board. SECTION 106 APPEALS [A] 106.1 General. To determine the suitability of alternative materials and methods and to provide for reasonable interpretations of the provisions of this code, there shall be and hereby is created a board of appeals consisting of five members who are qualified by experience and training to pass judgment on pertinent matters. The code official, building official and fire chief shall be ex officio members, and the code official shall act as secretary of the board. The board of appeals shall be appointed by the legislative body and shall hold office at their discretion. The board shall adopt reasonable rules and regulations for conducting its investigations and shall render decisions and findings in writing to the code official, with a duplicate copy to the applicant. [A] 106.2 Limitations of authority. The board of appeals shall not have authority relative to interpretation of the administrative provisions of this code and shall not have authority to waive requirements of this code.