The required fee for the granting and issuance of a permit for the construction, repair, or alteration, of any building, to include electrical, mechanical, and plumbing permits, shall be computed as provided in the fee schedule in appendix A of this code.
(1970 Code, sec. 7-18; Ordinance 2507, secs. 1, 2, adopted 6/9/80; Ordinance 84-009, sec. 4, adopted 2/13/84; Ordinance 90-039, sec. 2, adopted 10/15/90; Ordinance 96-006, sec. 1, adopted 2/12/96; Ordinance 2000-051, sec. 2, adopted 11/13/00; Ordinance 2010-023, sec. 3, adopted 6/28/10; 1988 Code, sec. 7-19; Ordinance 2019-039, sec. 2, adopted 9/23/19; Ordinance adopting 2021 Code)
(a) 
Created; composition.
There is hereby created a board to be known as the building board of appeals. The board shall be composed of five (5) regular voting members who are appointed by the city council and that are qualified through their individual experience to pass upon matters pertaining to building and fire code related issues. The city council shall also appoint two (2) alternate members to serve in the absence of a regular member. The appointed members shall not be employees of the city. The building official and fire code official shall be ex-officio, nonvoting members of the board.
(b) 
Scope and authority.
The building board of appeals shall hear and decide appeals of orders, decisions or determinations made by the building official or fire code official relating to the application and interpretation of the technical provisions of the building, existing building, electrical, plumbing, mechanical, fuel gas, and fire codes for both residential and commercial construction as adopted by the city. The board shall not have the authority to waive or modify any of the code provisions as listed or adopted.
(c) 
Appeal procedures.
An appeal to the building board of appeals shall be filed within thirty (30) calendar days after the decision of the building official or fire code official is mailed or delivered to the appellant, provided that if the 30th day falls on a Saturday, Sunday or city holiday, the time for filing the appeal shall be extended to the next business day. An application for appeal shall be filed in writing at the office of the building official and shall be based on a claim that the true intent of a code, law or rule legally adopted thereunder has been incorrectly interpreted, the provisions of the code, law or rule do not fully apply, or an equally good or better form of construction is proposed. The application for appeal shall state how the building official’s or fire code official’s order, decision or determination should be modified or reversed. The building board of appeals shall hear the appeal and render a decision within fifteen (15) days from receipt of a completed application, which shall be final with respect to the matter presented in the appeal. Such decision shall be filed with the city clerk and a copy shall be mailed or delivered to the appellant.
(d) 
Qualifications of members.
The regular five (5) member board shall be as follows:
(1) 
One (1) member shall be a State of Texas licensed master electrician with at least five (5) years of experience in the electrical trade.
(2) 
One (1) member shall be a State of Texas licensed master plumber with at least five (5) years of experience in the plumbing trade.
(3) 
One (1) member shall be an engineer, architect or design professional in the city with five (5) years of experience.
(4) 
One (1) member shall be a general contractor in the city with at least five (5) years of experience as a general contractor.
(5) 
One (1) member shall be a State of Texas licensed mechanical contractor with at least five (5) years of experience in the mechanical trade.
(6) 
The alternate members shall qualify for one (1) or more of the positions above, but only serve temporarily in the absence of any regular member.
(e) 
Appointment and term of members; compensation.
The board members are appointed by the city council for three-year terms and until their successors are appointed and qualified. They shall serve without compensation. The city council shall appoint the membership of the building board of appeals on or prior to the effective date of this section. Of the initial members appointed to the board, two (2) regular members and one (1) alternate member shall be appointed for three (3) year terms, two (2) regular members shall be appointed for two (2) year terms and one (1) regular member and one (1) alternate member shall be appointed to a one (1) year term.
(f) 
Vacancies.
Vacancies shall be filled by the city council for unexpired terms. Newly appointed members shall be installed at the first regular board meeting after their appointment.
(g) 
Meetings.
Board meetings shall be held at the call of the chairman, the building official or fire code official, or at such other times as the board may determine. All meetings are open to the public. The board shall keep minutes of its meetings and all records are open to the public. The board shall establish such rules and regulations as it deems appropriate and appoint a chairman from among its members.
(h) 
Quorum.
Three (3) members shall constitute a quorum. A concurring vote of three (3) members of the board shall be necessary to render a decision in favor of the applicant.
(i) 
Training and competency.
As a condition of membership on the board, the members shall participate in such training and education as may be required by law or ordinance. From time to time, the building official or fire code official shall provide additional training and education opportunities for the members of the board in order to maintain and improve their knowledge and competence in matters pertaining to the adopted codes.
(1970 Code, sec. 7-19(b)–(k); Ordinance 84-009, sec. 5, adopted 2/13/84; Ordinance 96-006, sec. 1, adopted 2/12/96; Ordinance 2012-021, sec. 3, adopted 8/13/12; 1988 Code, sec. 7-20; Ordinance 2023-020 adopted 4/24/2023)