File #: ORD. 2022-053    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 2/28/2022 In control: City Council
On agenda: 3/28/2022 Final action: 3/28/2022
Title: To amend City Code ?? 5-34, concerning appointments and divisions of the Board of Building Code Appeals, 5-35, concerning membership of the Board, 5-36, concerning meetings, officers, minutes, and records of the Board, and 5-37, concerning terms of office for members of the Board, to consolidate the divisions of Board into one board.
Patrons: Mayor Stoney
Attachments: 1. Ord. No. 2022-053

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To amend City Code §§ 5-34, concerning appointments and divisions of the Board of Building Code Appeals, 5-35, concerning membership of the Board, 5-36, concerning meetings, officers, minutes, and records of the Board, and 5-37, concerning terms of office for members of the Board, to consolidate the divisions of Board into one board.

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THE CITY OF RICHMOND HEREBY ORDAINS:

§ 1.                     That sections 5-34, 5-35, 5-36, and 5-37 of the Code of the City of Richmond (2020) be and hereby are amended as follows:

Sec. 5-34. Appointments[; divisions].

[(a)]                     The Board of Building Code Appeals shall be appointed and shall function in conformity with the Virginia Uniform Statewide Building Code and the administrative sections of this chapter and the administrative structure of the City [and shall consist of three divisions organized as follows:

(1)                     Board of Building Code Appeals, General Division.

(2)                     Board of Building Code Appeals, Electrical Division.

(3)                     Board of Building Code Appeals, Plumbing and Mechanical Division.

(b)                     The divisions of the Board shall also serve as the agent for qualification of candidates for certification as tradesmen in their respective fields of expertise].

Sec. 5-35. Membership.

 

(a)                     [Each division of the] The Board shall consist of five members to be appointed by the City Council on the basis of their technical ability to render fair and competent decisions regarding application of the Virginia Uniform Statewide Building Code, who shall, to the extent possible, represent different occupational or professional fields. Employees or officials of the City shall not serve as Board members. [The members of each of the divisions of the Board shall be comprised of individuals technically qualified in the construction discipline for which appeals will be heard.]

(b)                     [Three alternate members shall be appointed to serve in the absence of any regular member of any division of the Board.] Each member appointed by the City Council shall be a resident of the [City] Commonwealth of Virginia or shall be an officer or employee of a firm which has a place of business within the [City] Commonwealth of Virginia.

(c)                     When feasible, the [General Division] Board shall consist of the following:

(1)                     One licensed general contractor engaged [primarily] in the building of residential or commercial buildings and structures;

(2)                     One licensed architect or one licensed engineer[, who is currently] engaged in the [active] design of buildings and structures; [and]

(3)                     [Three citizens with knowledge of the building construction trade.] One licensed electrical contractor or one professional engineer engaged in the design of electrical systems for buildings;

(4)                     One licensed plumbing or mechanical contractor or one professional engineer engaged in the design of plumbing or mechanical systems for buildings; and

(5)                     One individual experienced in residential or commercial property management.

[(d)                     When feasible, the Electrical Division shall consist of the following:

(1)                     Two representatives of electrical contractors;

(2)                     One licensed professional engineer in private practice actively engaged in the design of electrical systems for buildings;

(3)                     One representative of a public electric power utility; and

(4)                     One citizen with knowledge of electrical systems.

(e)                     When feasible, the Plumbing and Mechanical Division shall consist of the following:

(1)                     One certified master plumber;

(2)                     One representative of a mechanical contractor;

(3)                     One licensed professional engineer in private practice engaged in the design of plumbing systems for buildings;

(4)                     One licensed professional engineer actively engaged in the design of mechanical systems for buildings; and

(5)                     One citizen with knowledge of plumbing systems or mechanical systems or both.]

Sec. 5-36. Meetings; officers; minutes and records.

(a)                     The meetings of the [various divisions of the] Board shall be held at the call of the Chairperson and at such other times as the Board may determine. [Each division of the] The Board shall select from its members a Chairperson and a Vice-Chairperson. The Chairperson shall preside at the meetings of the Board; in the absence of the Chairperson the Vice-Chairperson shall preside.

                     (b)                     Three members [of any division] shall constitute a quorum thereof. [Each divisionThe Board shall select a Secretary, who shall keep minutes of the Board's proceedings showing the vote of each member; if a member is absent or abstains from voting, such fact shall be recorded. The Board's action on all appeals shall be by resolution, and certified copies shall be furnished to the appellant and to the Building Official or Code Official whose decision is the subject of the appeal. All appeal hearings shall be open to the public and shall be a matter of public record.

Sec. 5-37. Terms of office.

Appointments to the Board shall be for terms of three years. Vacancies shall be filled by the City Council for the unexpired portion of the term of the former member of the Board. Each new member shall be appointed to serve for three years or until a successor has been appointed. Members may be reappointed to serve an unlimited number of successive terms. [Terms for alternate members shall be as established by the City Council at the time of their appointment.]

§ 2.                     This ordinance shall be in force and effect upon adoption.