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CR 92-128 Designation Building And Fire Code Appeals ,.- \; - "1 Y 0 - \ V .... June 101 1992 ~... CR Report 92-128 ,-$- , ",,' . o PK\ ~, ".. Designation of Building and Fire Code Board of Appeals ProDosed Action Staff recommends approval of the following motion: Move to adoDt Resolution No 92-47 desianatina certain persons to serve on a buildina code and fire code apoeals board and approve the bylaws for said board. Overview Recently a business owner in Hopkins elected to exercise his rights under Minnesota state statute #299f.Oll and appeal part of the fire code correction notice issued to him. Both the building and fire codes have language allowing the governing body to designate a Board of Appeals to deal with such issues. The purpose of the board is to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of the code. They recommended that the Board of Appeals consists of 5 members who are qualified by experience and training to pass upon pertinent matters. . Primary Issues to Consider o Are the persons recommended as board members appropriate? The persons listed on the attached resolution represent diverse areas, all having a special interest and knowledge in an area of code usage. Staff feels they are appropriate. 0 Should the Council serve as the Board of Appeals themselves and not appoint a separate group? Both the building and fire codes recommend that a Board of Appeals consisting of people with special knowledge and training be established to deal with the technical nature of appeals. Persons not satisfied may still appeal the Board decision to a higher level. Fire code issues may be appealed to the local city council whereas Building code items go to the state of Minnesota Building Code Division. Supportinq Information o Resolution No.92-47 0 Proposed bylaws for the Board of Appeals . Ghta~ Fire Marshal -- -----==,-,,'. --~. .'~. - -, - -, ---- - _0_". --.. -----~._.. ~,_.. - -- .-. ---. __0. . CITY OF'HOPKINS Hennepin County, Minnesota Resolution No. 92-47 Establishment of a Building and Fire Code Board of Appeals WHEREAS, the Building and Fire Codes adopted by the city of Hopkins allow the governing body to appoint a Board of Appeals, and WHEREAS, the governing body wishes to exercise this right, NOW THEREFORE BE IT RESOLVED, that the City council of the city of Hopkins hereby establish and appoint the following persons to serve on the Building and Fire Code Board of Appeals and approve the bylaws for said board. . steve Anderson, Fire Marshal, Minnetonka Tom Rutledge, Rutledge Construction Company Neil Webber, Truman Howell Architects Ron Neinaber, Building Official, Maple Grove Desyl L. Peterson, city Attorney, Minnetonka Adopted by the city council of the city of Hopkins this day of , 1992. By Nelson Berg, Mayor ATTEST: city Clerk . __ n -, ------- CITY OF HOPKINS . BUILDING AND FIRE CODE BOARD OF APPEALS BYLAWS ARTICLE I- IDENTITY 1.1 This organization shall be known as the Building and Fire Code Board of Appeals (the "Board") of the City of Hopkins (the f1City"). 1.2 The administrative offices and mailing address of the Committee shall be city Hall,1010 First street South, Hopkins, Minnesota 55343. ARTICLE II - ORIGIN AND POWERS 2.1 The Committee was created by Resolution Number 92-47 of the Hopkins city council dated June 16, 1992. The Board serves as a decision making group where an appeal of,a provision of the Building or Fire code has been made regarding a specific property. 2.2 Persons not satisfied with the Boards decision may appeal to a higher level. Fire code issues may be appealed to the City . Council'whereas Building code items go to the state of Minnesota Building Code Division. ARTICLE III - OBJECTIVES 3.1 The duties and objectives of the Board shall be to determine the suitability of alternate materials and types of construction, to provide for reasonable interpretations of the provisions of the Building and Fire code and to make decisions regarding such matters. ARTICLE IV - MEMBERSHIP 4.1 The Committe~ shall consist of five (5) members who are qualified by experience and training to pass upon pertinent matters. The Building Official or Fire Marshal, depending on which code is being addressed, shall be an ex officio member but shall have no vot~ upon any matter before the Board. 4.2 Board members shall serve unti,l such time as they no longer wish to serve or the city Council wishes to appoint someone else in their place. . 4.3 Board members shall serve without compensation, but costs of sending notices, preparing and distributing minutes and other clerical expenses shall be paid by the City from the general fund together with such other expenses as are authorized by the city Council. -"- ._....,_._,~ ...--..-.., -.'--,- .. --- ARTICLE V - OFFICERS AND DUTIES . 5.1 The officers of the Board, shall be a Chairperson and Vice Chairperson. 5.2 The Chairperson shall be elected by the Board members. The Chairperson shall preside at all meetings of the Board. At each meetirig the Chairperson shall submit such recommendations and informationas he/she may consider proper concerning the business, affairs, and policies of the Board. The Chairperson shall also rule on procedural questions, exercise the same voting rights as the other Board members and carry out such other duties as are assigned by the Mayor. 5.3 The Vice Chairperson shall perform the duties of the Chairperson in the absence or incapacity of the chairperson. The Vice Chairperson shall perform the duties imposed on the Chairperson until such time as the Committee select a new Chairperson. ' 5.4 The officers of the Board shall perform such other duties and function as may from time to time be required by the Board. 5.5 The Building Official or Fire Marsha,l shall act as secretary . to the Board by taking care of all correspondence, meeting minutes, and scheduling of activities. 5.6 Officers shall be elected by majority vote of the Board. Terms of office shall be until such time as a change is deemed necessary by the Board. ARTICLE VI - MEETINGS 6.1 Meetings of the Board shall be held as necessary because of an appeal received by the city regarding a fire or building code issue. 6.2 Powers of the Board shall be vested in the Board members thereof in office from time to time. Three Board members shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. When a quorum is in attendance, action may be taken by the Board upon a vote of a majority of the Board members present. 6.3 On all questions and procedures not herein otherwise specifically provided for, ~oberts Rules or Order shall govern. . ------- --~-- ------... __n____.. ~.. ~_.. ~_... - --, 6.4 Whenever a Board member shall have a direct or indirect . interest in a matter before the Board, such Board member - shall disclose such interest and shall not participate in any discussion on said matter nor in any event vote on said matter. ARTICLE VII- AMENDMENT TO BYLAWS 7.1 These Bylaws may be amended at any regular or special meeting by the affirmative vote at least three (3) Board members. Each Board member shall receive at least fifteen (15) days written notice of the proposed Amendment to these Bylaws, which notice shall include the date, time and place of the meeting at which such Amendment is to be voted on an exact copy of the Amendment to be proposed. The provisions of Articles III and IV of these Bylaws may not be amended without approval of the City Council. ' ARTICLE VIII - EFFECTIVE DATE 8.1 These Bylaws shall take effect on June 16, 1992. . ~, .-..