(3725)

There is hereby created a Building and Fire Code Appeals Committee, hereinafter referred to as "the committee," consisting of three members appointed by the City Manager to serve at his or her pleasure.

(3725)

(A)

Member Qualifications: Each member of the committee shall be either a licensed architect, a registered engineer with building related experience, or a construction company executive or superintendent with at least ten years of construction experience. Committee members shall not be employees of the City. No committee member may hear or vote upon any appeal in which that member has any personal, professional, or financial interest, pursuant to applicable state statutes and City Charter and ordinance provisions.

(B)

Secretary to the Committee: The City shall provide a secretary to the committee, who shall be the custodian of the committee's records, conduct the committee's correspondence, collect all fees, and be responsible for the clerical work of the committee. The secretary to the committee shall have no voting power on any matter coming before the board.

(C)

Ad Hoc Committee: The City Manager shall appoint, convene and reconstitute the committee on an ad hoc basis to hear any appeal the City Manager deems to be properly filed pursuant to Subsection 11-14-4(C) below.

(3725)

(A)

Appeals: The committee is authorized to hear the following matters:

(1)

The Chief Building Official or Fire Marshal has rejected or refused to approve an alternate method or material of construction that the appellant alleges to be the equivalent of thatprescribed in the applicable code in terms of suitability, strength, effectiveness, fire resistance, durability, safety, or sanitation. In order to grant the appellant's request, the board must find that test results, factual documentation, or other such data or evidence provided by the appellant substantiates the appellant's claim that the method or material of construction is equal to or superior to that prescribed in the applicable code in terms of suitability, effectiveness, fire resistance, durability, safety, or sanitation.

(2)

The appellant alleges that the Chief Building Official or Fire Marshal has made an error in the interpretation of a code. In order to grant the appellant's request, the board must find that the Chief Building Official or Fire Marshal has made an error in the interpretation of a code.

(3)

The appellant alleges that the Chief Building Official or Fire Marshal is imposing certain provisions of a code that do not apply to the project being constructed. In order to grant the appellant's request, the board must find that the provisions of the applicable code do not apply to the project being constructed.

(4)

The appellant alleges that the Chief Building Official or Fire Marshal is imposing a wrongful requirement in a building matter that is not specifically addressed in the applicable code. In order to grant the appellant's request, the board must find that the requirement is not addressed in the applicable code, is not appropriate, and that granting the request would be consistent with the intent of the applicable code.

(5)

The appellant alleges that there are practical difficulties or unnecessary hardships caused by conformance to the strict letter of a code, that the literal interpretation of a code will produce undesirable results that are inconsistent with the intent of the applicable code, or that there are special individual reasons that make the strict application of the provisions of a code impractical. In order to grant the appellant's request, the board must find that all of the following requirements would be satisfied:

(a)

The granting of the request would not endanger public health, safety, or welfare;

(b)

The granting of the request would be in compliance with the spirit and intent of the applicable code;

(c)

The granting of the request is site specific and shall not in any way constitute a modification of the applicable code;

(d)

The granting of the request would result in substantial justice being done; and

(e)

There are practical difficulties or unnecessary hardships involved in conforming to the strict provisions of the applicable code, the literal interpretation of the applicable code will produce undesirable results that are not consistent with the intent of the applicable code, or there are special individual reasons that make strict conformance to the provisions of the applicable code impractical.

(6)

The appellant alleges that an omission or error in the plans, specifications, or other data submitted to the City for review was not addressed by City staff and has resulted in a code violation that the Chief Building Official or the Fire Marshal is now requiring to be corrected and brought into compliance with the applicable code. In order to grant the appellant's request, the board must find that the code violation resulting from the omission or error in the plans, specifications, or other data is not substantial in nature, and that public health, safety, or welfare will not be endangered in the absence of the correction.

(7)

The appellant alleges that the Chief Building Official has erred in issuing a notice or order or in taking an action under the Uniform Code for the abatement of dangerous buildings. In order to grant the appellant's request, the board must find that the Chief Building Official erred in the enforcement of the Uniform Code for the abatement of dangerous buildings. The procedure for appeals brought under this paragraph shall be consistent with this chapter and with the Uniform Code for the abatement of dangerous buildings. However, if a conflict exists in the provisions, the latter shall control.

(B)

Recommendations of the Committee: The committee shall render a written recommendation to the City Manager within 15 days after a hearing, accompanied by findings of fact and conclusions based thereon. Conclusions based upon any provision of this chapter, a code, or any City rule or regulation shall contain a reference to such provision, rule, or regulation and shall also contain the reason the conclusion is appropriate in light of the facts found.

(C)

Filing an Appeal: All appeals pursuant to this chapter must be submitted in writing to the Director of Community Services within 30 days of the decision of the Chief Building Official or Fire Marshal being appealed. Any appeal not submitted within said 30 day period shall be barred. The appeal must set forth the specific authority for the appeal under subsection (A) above, the decision of the Chief Building Official or Fire Marshal being appealed, a summary of the facts that support the appeal, and a statement of the specific relief being sought.

(D)

Decisions of the City Manager:

(1)

Upon receipt of the recommendation of the committee, the City Manager may:

(a)

Accept the findings and conclusions of the committee and order the Chief Building Official or Fire Marshal to carry out the committee's recommendation according to its terms.

(b)

Accept the findings and conclusions of the committee in part and issue such order to the Chief Building Official or Fire Marshal as the City Manager determines is supported by the committee's findings and conclusions that the City Manager determines to accept.

(c)

Accept the findings but reject the conclusions of the committee and issue such order to the Chief Building Official or Fire Marshal as the City Manager determines is supported by the committee's findings.

(2)

The City Manager shall issue his or her decision within 15 days of receipt of the committee's recommendation.

(3725; Ord. No. 4255, § 7, 7-22-2024)

The provisions of this chapter shall apply to all building, fire and rental maintenance codes and amendments thereto as adopted by reference in Chapters 9, 10 and 12 of Title XI of this Code. References in this chapter refer to the codes specified in this section.

(3725)

The committee shall meet at such times as may be necessary to hear and decide any matter assigned to it by the City Manager.

(3725)

The hearings of the committee shall be informal, the rules of evidence applicable to judicial proceedings shall not apply, and the committee may hear and receive such evidence in such form as it may deem appropriate to assist it in making its recommendation to the City Manager.

(3725)

The committee shall conduct hearings and make decisions in accordance with the following requirements:

(A)

All hearings shall be open to the public. The Secretary to the Committee shall notify all interested parties of the time and place of hearings.

(B)

The committee shall keep a record of the proceedings, either stenographically or by sound recording. At the hearing, the Secretary to the Committee shall record the vote of each member on every case or, if a member is absent or fails to vote, shall record such fact. A transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any person upon request and payment in advance of the estimated cost of production.

(C)

At the hearing, following the introduction of the case, the Chief Building Official or Fire Marshal, or their designee, may present the city's position and recommendation, after which the appellant or a representative of the appellant may present any pertinent information regarding the request. The burden of proof shall be on the appellant.

(D)

All witnesses shall be sworn or shall affirm their testimony in the manner required in the courts of record where the City is located.

(3725)

The City or the appellant may appeal a decision of the City Manager to the District Court under the Colorado Rules of Civil Procedure, Rule 106(a)(4).

(3725)

A quorum shall consist of all three members, and a decision of a majority of the members present shall control.

(3725)