05/28/2003 Regular Meetingr s.. ,~
Architectural Review Board/Building Code Board of Appeals
A meeting of the Kodiak Island Borough Architectural Review Board/Building Code Board of
Appeals was held May 28, 2003 in the Kodiak Island Borough Conference Room at 710 Mill Bay
Road. The meeting was called to order at 5:30 p.m.
There were present: Absent:
Scott Arndt Nancy Wells
Greg Hacker
Charlie Jerling
Jay Johnson
Jerrol Friend (arrived 5:42 p.m.)
comprising a quorum of the Board; and
Judi Nielsen, Borough Clerk
Doug Mathers, Building Official
Also present were Bud Cassidy, Borough Engineering/Facilities Director, Robert Tucker, School
Maintenance Director, and Barry Still.
NOMINATION OF CHAIR
JOHNSTON, moved to nominate Scott Arndt as chair.
With no other nominations forthcoming, the motion carried by unanimous voice vote.
NOMINATION OF VICE-CHAIR
ARNDT, moved to nominate Jay Johnston as vice-chair.
With no other nominations forthcoming, the motion carried by unanimous voice vote.
BOARD OF APPEALS
Chair Arndt recessed the regular meeting and convened the Board of Appeals.
A. Determination to hear the appeal of the Building Official's denial of a building permit.
(Appellant: Peter Malley, Representative for Elizabeth F, Inc.)
Architectural Review board/Building Code Board of Appeals Meeting
May 28, 2003
Page 1
JOHNSON, seconded by JERLING ,moved to hear the appeal of the Building Official's denial of
a building permit. (Appellant: Peter Malley, Representative for Elizabeth F. Inc.)
VOTE ON MOTION
Ayes: Arndt, Hacker, Jerling, Johnston -Motion carried -Unanimous
PUBLIC HEARING
A• An appeal of the Building Official's denial of a building permit. (Appellant: Peter
Malley, Representative for Elizabeth F. Inc.)
HACKER, seconded by JOHNSTON, moved to affirm the building Official's denial of a
building permit. (Appellant: Peter Malley, Representative for Elizabeth F. Inc.)
Boar'dmember Jerrol Friend arrived at 5:42 p.m.
Chair Arndt opened the public hearing.
Pete_ r Malley said the warehouse should be grandfathered as there would be little to no occupancy
and there would be no public use.
Chair Arndt closed the public hearing and reconvened the Board of Appeals.
There was general discussion regarding the building and earthquake code, snow load issues that
were resolved, life safety for the building.
Mathers said the building would be no less sound if erected today or five years ago and that the
building would have very low occupancy so there were no life safety issues.
There was general discussion about the need to paint the building and siding issues.
FRIEND, seconded by JOHNSTON, moved to amend the motion by replacing the word "affirm"
with the word "reverse".
VOTE ON MOTION TO AMEND
Ayes: Friend, Hacker, Jerling, Johnston, Arndt
MOTION CARRIED: Unanimous
VOTE ON MOTION AS AMENDED
Architectural Review board/Building Code Board of Appeals Meeting
May 28, 2003
Page 2
. .
Ayes: Hacker, Jerling, Johnston, Arndt, Friend
MOTION CARRIED: Unanimous
Boardmember Jerrol Friend left at 6:20 p.m.
JOHNSTON, seconded by HACKER, moved to adopt the findings of fact and conclusions
supporting the decision to reverse the building official's denial of a building permit. (Appellant:
Peter Malley, Representative for Elizabeth F, Inc.
The decision of the Board of A eats was based u on the followin findin s of fact and
conclusions:
1. If the building had been erected in 1998 it would be perceived as structurally sound and
completely safe for public use today. Therefore, it could be considered to be as compliant
with the climatic snow loads today as it was when it was designed and manufactured.
2. The building would not be less sound if it were erected today than if it had been erected
five years ago.
3. An equally good or better form of construction is proposed.
4. The building will be acceptable use as a warehouse and will have little or no occupancy.
5. This building was received and it was determined that the door openings were too small;
therefore, a new building was ordered and erected and is still in use today.
6. Garco metal buildings are designed at 60-70% providing fora 30-40% safety factor in
design criteria.
7. The Board requires that within 90 days the structural steel be sand blasted and painted as
needed to eliminate rust.
8. The Board recommends that the permit be issued as S-1 occupancy.
There being no further business to come before the Board of Appeals, the meeting adjourned at
6:35 p.m.
Judith A. Nielsen, CMC
Borough Clerk
Architectural Review board/Building Code Board of Appeals Meeting
May 28, 2003
Page 3
ELIZABETH F, INC.
P.O. BOX 1275
2705 MILL BAY ROAD
KODIAK, ALASKA 99615
April 18, 2003
Doug Mathers
Kodiak Island Borough
Building Department
710 Mill Bay Road
Kodiak, Alaska 99615
Dear Doug:
This letter is a request for an exception to the regulation regarding the decision to reject
the application for a building permit fora 40' x 80' net storage warehouse to be located at
Russian Creek Subdivision Block 1, Lot 23. The physical address of this property is
11520 West Rezanof Drive, Kodiak, Alaska 99615.
Sincerely,
P er Malley
Representative for Elizabeth F, Inc.
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Brechan Entelprises, Inc. is an Equal Opportunity Employer.
PHONE (907) 486-3215 FAX (907) 486-4889
ELIZABETH F'~ INC.
P.O. BOX 1275
2705 MILL BAY ROAD
KODIAK, ALASKA 99615
April 18, 2003
Doug Mathers
Kodiak Island Borough
Building Department
710 Mill Bay Road
Kodiak, Alaska 99615
Dear Doug:
Attached to this letter is some correspondence from Garco Building Systems explaining
their position in regard to design factors for our 40' x 80' metal building. Other reasons
why I feel this application should be accepted are as follows:
1. Will be used only as a warehouse.
2. Will not be for public use.
3. Will have little or no occupancy.
4. If this building had been erected in 1998, it would still have to be
perceived as structurally sound and completely safe for public use today.
5. There was numerous Garco metal building erected in Kodiak before 1998
that are still in good condition and in use today.
6. There is a designed safety factor of 30% built in to Garco metal buildings.
If taken into consideration, this would bring the wind loads to within the
new 130 mph load limits.
I hope that the Board of Appeals will take into consideration some of these other reasons
for allowing a building permit to be issued for this project.
Sincer
Peter Malley
Representative for Elizabeth F, Inc.
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PHONE (907) 486-3215 FAX (907) 486-4889
04J14J26H3 98:37 509-244-2850 GARCO BLDG SYSTEMS F'l~vt as
Building
Garco~ Systems
A division of MIDCO Mfg.,lnc
5.2794 Garfiekf Rtl,
Spokane, WA 99224
fax Cover Sheet
Date: April 14, 2003
To: Brechan Enterprises
,gt~.,: Peter Malley
From: Terry Wharf
,Far K: (907) 487-2587
tirojeet; Brechan Enterprises melding Shop (Gsrco Job #9$065)
SendcT: Terry Wharf ,pkone: (509> 444-7114
office: {soo) sal-us1
(509) 244-5511
ToW Number of Pages Inciudi++~ Cover Sheet 1 --
Dear Peter, This building {Gsrco Job $980b5) was designed pax' the 1994 UBC as well as
the Current edition of the ASCE manual (American Society of Civil Engineers). There is
a design element noted in the ASCE which requixes engineers to design only co within 60
to 70 percent of the allowable capacity of the steel elements. This is done in the
interest of public safety- Gsrco buildings are designed within this safety factor.
Please call if you have any further questions.
Regards,
Terry Whar#
Gsrco Building Systems, Project Manager
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GARCO BLDG SYSTEMS
PAGE 02
GARCO BUILDING SYSTEMS
DESIGN CERTIFICATION
This is to certify that the pre-engineered metal building to be furnished shall be designed to meet or exceed the 4oad
requirements as specified below. This includes all primary and secondary framing membas, roofing and siding panels, and all
accessories furnished_
Design shall be in accot+dance with the MBMA "Recommended Design Practices Manual", AISC "Specification for the Design,
Fabrication and Erection of Structural Steel for Buildings", A>iSl "Specifications for the Design of Light Gage Coldl=ormed
Steel Structural Members", "The Uniform Building Code", and "The National Building Code of Canada".
The building shall be fabricated as per approved shop and erection drawings, and all welds»g shall be by certified welders in a
certified shop.
The manufacturer assumes no responsibility if building components are altered in the field by cutting or welding except as
required to frt manufacturers erection drawings due to error in manufacturing. Such alterations must have prior approval by the
manufacturer. GARC~ BUILDING SYSTEMS
Building Sold To:
Garco Job No:
., . Job Naxine: _ ,.
Job Location:
Building Type:
Building Size:
Live Load: 40 psf
Special Loads:
Bxeehan Fnterpriees
98065
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Kodiialc, ,AJ~
]Eli (Itlgld Frame)
40' wide x 80' long x 18' cave beigbt
Snow Load: 40 psf
No additiopal loads
Mailing Addrnos:
Carao® Building 3ystams
27,4 5- carfiQld Rd.
Spokane, P1A 99224-9595
pl~st A,ddrQSa
2714 S. GarFi¢ld Rd.
Airway Heights, PIA 99001
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Wind Load: 1,>t0 lV1Il-li<, errppsure C Seismic Zone: 4
0#fice: (S00) 991-2291
(509) 299-5611
Fax (509) 244-2850
http:lJwww.mi,dcoi.nc_com
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03j14/2003 08:18 509-244-2850 GAR( BLDG SYSTEMS PARE 01
Building
Garco~ SyStema
A division of MIQCO Mfg., Inc
o~r~; (sao) sal-zzsl
1509) 244-5611
S. 2714 C3art~eltl Rd•
Spokane, WA 99224
Fax Cover Sheet
Dgte: Marsh 1Q, 2003
To: Srechan Enterprises
,,4,~rt.: PetE•r Malley
,~Yoyx: Terry Wharf
Faar a!: (907) 987-2587
` Project: E, ~. W #t Re ~o v 5 2
Sender.' Terry Wharf
(Garco Job N98065)
Phone: (509) 944-7114
Total Nwouber of Pages lncludiag Cover Shcct: l
I)car Peter,l am writing in response to youur inquiry about Gareo job 98065 which we designed and
manufactured for you in 1998. It is my understanding that although this building was not erected when it
was delivered that you arc now planning constructior-.
This building was designed for the code that was in effect at the time oforder (]994 U$C). See following
copy of "Letter of Certificatiom".
Gazco does not recommend modifying the building tv meet IBC code. This might be possible to do but it
would be at considerable expense. If it were to be done, all ehgiUZ~eTing and materials for znodifitcation ,
would have to come from Garco Building Systems in Spokane, WA, and rcwoTlC materials shipped to site.
Feasibility would require as much as $5000 to $7000 of engineering effort which xxray determine that rework
is not possible. 1f it were possible, then the total tit»e abd materials may be as much as an additiorta175%
of the original building cost.
\ if this building had been erected in 1998 it would still have to be perceived as staucturally sound and
}~ completely safe for public use today. Therefore, it could be considered to be as eornpliant with the climatic
/~' loads today as it was when it was designed and manufactured. 1t would not be less sound if it were erected
today than if it had been erected five years ago.
It is our hope that you can successfully lobby for either a variance for this ono building project or have it
considered "Grand Fathered" within the previously adopted 1994 I7BC code.
Please call me if you have either questions or comments.
Regards,
Tew~ny~'Vtif
Project Manager
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Kodiak Island Borough
Finance Department
710 Mill Bay Road
Kodiak, Alaska 99615-6398
Phone (907) 486-9324 Fax (907) 486-9392
BRECHAN ENTERPRISES
2705 MILL BAY ROP.D
P O BOX 1275
B. OLIVER,CONTROLLER
KODIAK AK 99615
Invoice #: 44477
Invoice Date: 4/21/03
Customer #: 3027
Due Date 4/21/03
FUND 100 Total Due: $150.00
Unit of Amount
Description Measure Quantity Per Unit Total
APPEAL ELIZABETH F WAREHO 1.0000 150.0000 150.00
BUILDING DEPARTMENT
~ '''4 710 MILL BAY ROAD, ROOM 208
KODIAK, ALASKA 99615
TELEPHONE 907-486-8070
907-486-8072
FAX 907-486-8071
To Whom It May Concern:
Apri12"d 2003
Mr. Peter Malley on behalf of Brechan Enterprises has applied for a building permit
for the Elizabeth F. Inc. Warehouse. (job # 98065, Dated 6-29-98). Due to the fact that
the building was designed under the 1994 Uniform Building code and we adopted the
2000 International Building Code on July 1St 2002 I am unable to issue a building permit
for the above building. Please keep in mind that we have gone through two code cycles
since the 1994 UBC with substantial upgrades in the design and occupancy sections of
the codes.
You have the right to appeal this denial of permit by section # 112 (Board of Appeals)
of the International Building Code and section # 15.44 (Appeals and Exceptions) of the
Borough Code. I have enclosed a copy of both for your convenience.
If you decide to appeal please state your reasoning in writing and include a check for
$ 150.00 made out to the Kodiak Island Borough. I will set up a public meeting per
section 15.44.030. Also please find a new Building Code Board of Appeals membership
list. I inadvertently gave you the wrong one.
Sincerely
C~ --~"_ __-- --
Doug Mathers
Building Official
City of Kodiak
907 486 8072
r
ARCHITECTURAL REVIEW BOARD d~'`~."i„~
BUILDING CODE BOARD OF APPEALS ~~
May 28, 2003 - 5:30 p.m.
Borough Conference Room
AGENDA
1. Designation of Chair
2. Designation of Vice-Chair
3. Discussion to determine if the appellant was unable to comply with the appeal filing deadline.
4. Building Code Board of Appeals -PUBLIC HEARING
A. An appeal of the Building Official's denial of a building permit.
Appellant: Peter Malley, Representative for Elizabeth F, Inc.
investigation to be made to determine that such uses will not be injurious to public health, safety,
or welfare or detrimental to other properties or uses in the vicinity.
(b) The board may require the petitioner to submit engineering and other technical studies in
support of the petition. (Ord. 650 (part), 1982)
14.48.060 Exceptions-public hearing. (a) The board shall hold a public hearing on all applications
for an exception. Such hearing shall be held not less than ten days nor more than 30 days following
the date of filing of such application; the applicant shall be notified of the date of such hearing. The
board shall cause to be sent to each owner of the properties within a distance of three hundred feet
of the exterior boundary of the lot or parcel of land described in such application, notice of the time
and place of the hearing, a description of the property involved and the provisions of this title from
which an exception is sought. For the purposes of this chapter, "owner ofproperty" means that owner
shown upon the latest tax assessment rolls. (Ord. 650 (part), 1982)
14.48.070 Exceptions-granting or denial. Within 40 days after the receipt of an application, the
boazd shall render its decision. If it is the opinion of the boazd, after consideration of the investi-
gation report, that the proposed exception will not endanger the public health, safety, or general
welfaze, or be inconsistent with the general purposes and intent of this title, the board shall approve
the exception with or without conditions. If the proposed exception will tend, in the opinion of the
boazd, to endanger in any way the public health, safety, or general welfare or produce results
inconsistent with the general purposes and intent of this title, the board shall deny the application.
(Ord. 650 (part), 1982)
14.48.080 Fees-appeals and exceptions. Notices of appeal and applications for exception shall
be accompanied by a filing fee as established by resolution or motion of the city council. (Ord. 951
§ 13, 1993; Ord. 650 (part), 1982)
(Kodiak, Jul 2002) 14-22 (Kodiak, Ju12002)
' ADM{NISTRATION
holder or an agent of the permit holder wherein the same fails
to comply with this code. Any portions that do not comply
shall be corrected and such portion shall not be covered or
concealed until authorized by the building official.
SECTION 110
CERTIFICATE OF OCCUPANCY
110.1 Use and occupancy. No building or structure shall be
used or occupied, and no change in the existing occupancy
classification of a building or structure or portion thereof
shall be made until the building official has issued a certifi-
cate of occupancy therefor as provided herein. Issuance of a
certificate of occupancy shall not be construed as an approval
of a violation of the provisions of this code or of other ordi-
nances of the jurisdiction.
110.2 Change in use. Changes in the character or use of an
existing structure shall not be made except as specified in
Chapter 34.
1103 Certificate issued. After the building official inspects
the building or structure and finds no violations of the provi-
sions of this code or other laws that are enforced by the
department of building safety, the building official shall issue
a certificate of occupancy that shall contain the following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner.
4. A description of that portion of the structure for
which the certificate is issued.
5. A statement that the described portion of the struc-
ture has been inspected for compliance with the
requirements of this code for the occupancy and
division of occupancy and the use for which the pro-
posed occupancy is classified.
6 The name of the building official.
7. The edition of the code under which the permit was
issued.
8. The use and occupancy, in accordance with the pro-
visions of Chapter 3.
9. The type of construction as defined in Chapter 6.
10. The design occupant load.
11. If an automatic sprinkler system is provided,
whether the sprinkler system is required.
12. Any special stipulations and conditions of the build-
ing permit.
110A Temporary occupancy. The building official is autho-
rized to issue a temporary certificate of occupancy before the
completion of the entire work covered by the permit, provid-
ed that such portion or portions shall be occupied safely. The
110 -112.2
building official shall set a time period during which the tem-
porary certificate of occupancy is valid.
1105 Revocation. The building official is authorized to, in
writing, suspend or revoke a certificate of occupancy or com-
pletion issued under the provisions of this code wherever the
certificate is issued in error, or on the basis of incorrect infor-
mation supplied, or where it is determined that the building
or structure or portion thereof is in violation of any ordinance
or regulation or any of the provisions of this code.
SECTION 111
SERVICE UTILITIES
111.1 Connection of service utilities. No person shall make
connections from a utility, source of energy, fuel or power to
any building or system that is regulated by this code for which
a permit is required, until released by the building official.
111.2 Temporary connection. The building official shall
have the authority to authorize the temporary connection of
the building or system to the utility source of energy, fuel or
power.
1113 Authority to disconnect service utilities. The building
official shall have the authority to authorize disconnection of
utility service to the building, structure or system regulated
by this code and the codes referenced in case of emergency
where necessary to eliminate an immediate hazazd to life or
property. The building official shall notify the serving utility,
and wherever possible the owner and occupant of the build-
ing, structure or service system of the decision to disconnect
prior to taking such action. If not notified prior to discon-
necting, the owner or occupant of the building, structure or
service system shall be notified in writing, as soon as practi-
cal thereafter.
SECTION
112.1 General. In order to heaz and decide appeals of orders,
decisions or determinations made by the building official rel-
ative 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 governing body and shall
hold office at its pleasure. The board shall adopt rules of pro-
cedure for conducting its business.
112.2 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 have no authority to waive requirements of
his code.
2000 INTERNATIONAL BUILDING CODE®
112.3 -115.5
1123 Qualifications. The board of appeals shall consist of
members who are qualified by experience and training to
pass on matters pertaining to building construction and are
not employees of the jurisdiction.
SECTION 113
VIOLATIONS
113.1 Unlawful acts. It shall be unlawful for any person, firm
or corporation to erect, construct, alter, extend, repair, move,
remove, demolish or occupy any building, structure or equip-
ment regulated by this code, or cause same to be done, in con-
flict with or in violation of any of the provisions of this code.
113.2 Notice of violation. The building official is authorized
to serve a notice of violation or order on the person responsi-
ble for the erection, construction, alteration, extension,
repair, moving, removal, demolition or occupancy of a build-
ing or structure in violation of the provisions of this code, or
in violation of a permit or certificate issued under the provi-
sions of this code. Such order shall direct the discontinuance
of the illegal action or condition and the abatement of the
violation.
1133 Prosecution of violation. If the notice of violation is
not complied with promptly, the building official is autho-
rized to request the legal counsel of the jurisdiction to insti-
tute the appropriate proceeding at law or in equity to restrain,
correct or abate such violation, or to require the removal or
termination of the unlawful occupancy of the building or
structure in violation of the provisions of this code or of the
order or direction made pursuant thereto.
113.4 Violation penalties. Any person who violates a provi-
sion of this code or fails to comply with any of the require-
ments thereof or who erects, constructs, alters or repairs a
building or structure in violation of the approved construc-
tion documents or directive of the building official, or of a
permit or certificate issued under the provisions of this code,
shall be subject to penalties as prescribed by law.
SECTION 114
STOP WORK ORDER
114.1 Authority. Whenever the building official finds any
work regulated by this code being performed in a manner
contrary to the provisions of this code or in a dangerous or
unsafe manner, the building official is authorized to issue a
stop work order.
114.2 Issuance. The stop work order shall be in writing and
shall be given to the owner of the property involved, or to the
owner's agent, or to the person doing the work. Upon
issuance of a stop work order, the cited work shall immedi-
ately cease. The stop work order shall state the reason for the
order, and the conditions under which the cited work will be
permitted to resume.
ADMINISTRATION
1143 Unlawful continuance. Any person who shall contin-
ue any work after having been served with a stop work order,
except such work as that person is duected to perform to
remove a violation or unsafe condition, shall be subject to
penalties as prescribed by law.
SECTION 115
UNSAFE STRUCTURES AND EQUIPMENT
115.1 Conditions. Structures or existing equipment that are
or hereafter become unsafe, unsanitary or deficient because
of inadequate means of egress facilities, inadequate light and
ventilation, or which constitute a fue hazard, or are otherwise
dangerous to human life or the public welfare, or which
involve illegal or improper occupancy or inadequate mainte-
nance, shall be deemed an unsafe condition. Unsafe struc-
tures shall be taken down and removed or made safe, as the
building official deems necessary and as provided for in this
section. A vacant structure that is not secured against entry
shall be deemed unsafe.
115.2 Record. The building official shall cause a report to be
filed on an unsafe condition. The report shall state the occu-
pancy of the structure and the nature of the unsafe condition.
1153 Notice. If an unsafe condition is found, the building
official shall serve on the owner, agent or person in control of
the structure, a written notice that describes the condition
deemed unsafe and specifies the required repairs or improve-
ments to be made to abate the unsafe condition, or that
requires the unsafe structure to be demolished within a stip-
ulated time. Such notice shall require the person thus notified
to declare immediately to the building official acceptance or
rejection of the terms of the order.
115A Method of service. Such notice shall be deemed prop-
erly served if a copy thereof is (a) delivered to the owner per-
sonally; (b) sent by certified or registered mail addressed to
the owner at the last known address with the return receipt
requested; or (c) delivered in any other manner as prescribed
by local law. If the certified or registered letter is returned
showing that the letter was not delivered, a copy thereof shall
be posted in a conspicuous place in or about the structure
affected by such notice. Service of such notice in the forego-
ing manner upon the owner's agent or upon the person
responsible for the structure shall constitute service of notice
upon the owner.
1155 Restoration. The structure or equipment determined to
be unsafe by the building official is permitted to be restored
to a safe condition. To the extent that repairs, alterations or
additions are made or a change of occupancy occurs during
the restoration of the structure, such repairs, alterations, addi-
tions or change of occupancy shall comply with the require-
ments of Section 105.2.2 and Chapter 34.
10 2000 INTERNATIONAL BUILDING CODE®
15.44.010--15.44.030
Chapter 15.44
APPEALS AND ERCEPTIONS
Sections:
15.44.010 Appeals from building official.
15.44.020 Appeals-Hearing and decision.
15.44.030 Appeal--Decision.
15.44.040 Exception--Application.
15.44.050 Exceptions-Investigation
15.44.060 Exceptions--Public hearing.
15.44.070 Exceptions--Granting or denial.
15.44.080 Fees--Appeals and exceptions.
15.44.010 Appeals from building official.
A. The following decisions of the building official are subject to appeal to the building code
board of appeals:
1. the denial of a building permit;
2. the issuance of an order under section 15.40.010 of this title.
B. A decision described in subsection A of this section is final unless appealed to the building
code board of appeals within ten days of the mailing of notice of the decision. An appeal is
commenced by filing with the borough clerk a written notice of appeal, specifically stating the
reason for the appeal and the relief sought, and payment of the appeal fee prescribed under this
chapter.
C. An appeal under this section may be brought by any person aggrieved by the decision
appealed, or by any government agency. (Ord. 84-4-2-0 §2(part), 1984).
15.44.020 Appeals-Hearing and decision.
A. The building code board of appeals shall hold a public hearing on each appeal. At the
hearing the board of appeals shall review the appeal record and hear evidence and argument
presented by person interested in the appeal.
B. The building code board of appeals shall either affirm or reverse the building official's
decision in whole or in part. If the building code board of appeals fails to approve the reversal
of the building official's decision, that decision is affirmed.
C. Every decision of the building code board of appeals on an appeal shall be based upon
findings and conclusion adopted by the board of appeals. The findings must be reasonably
specific so as to provide the community, and where appropriate, reviewing authorities, a clear and
precise understanding of the reasons for the decision.
D. The building code board of appeals' decision on an appeal shall be mailed to the appellant
within ten days after the decision. (Ord. 84-42-0 §2(part), 1984.)
15.44.030 AppearDecision. The building code board of appeal shall render a decision on the
appeal within forty (40) days after its filing. (Ord. 84-42-0 §2(part), 1984).
15-22 (KIB 06/97)
Supp. #17
15.44.040--15.44.080
15.44.040 Exception--Application.
A. An application for exception from the regulations of this title may be filed by any
taxpayer, property owner, or party affected.
B. An application for exception is commenced by filing with the borough clerk a written
request specifically stating any and all reasons justifying the granting of the exception, and
payment of the exception fee prescribed under this chapter. (Ord. 84-42-0 §2(part), 1984).
15.44.050 Exceptions--Investigation.
A. The building code board of appeals shall cause an investigation to be made to determine
that such uses will not be injurious to public health, safety or welfare or detrimental to other
properties or uses in the vicinity.
B. The board may require the petitioner to submit engineering and other technical studies in
support of his petition. (Ord. 84-42-0 §2(part), 1984).
15.44.060 Exceptions-Publichearing. The board shall hold a public hearing on all applications
for an exception. Such hearing shall be held not less than ten days nor more than thirty days
following the date of filing of such application; and the applicant shall be notified of the date of
such hearing. The board shall cause to be sent to each owner of the property within a distance
of three hundred (300) feet of the exterior boundary of the lot or parcel of land described in such
application, notice of the time and place of the hearing, a description of the property involved an d
the provisions of this title from which an exception is sought. For the purposes of this chapter,
"owner of property" means the owner shown upon the latest tax assessment rolls. (Ord. 84-42-0
§2(part), 1984).
15.44.070 Exceptions--Granting or denial. Within forty (40) days after the receipt of an
application, the board shall render its decision. If it is the opinion of the board, after
consideration of the investigation report, that the proposed exception will not endanger the public
health, safety or general welfare, or be inconsistent with the general purposes and intent of this
title, the board shall approve the exception with or without conditions. If the proposed exception
will tend, in the opinion of the board, to endanger in any way the public health, safety, or general
welfare or produce results inconsistent with the general purposes and intent of this title, the board
shall deny the application. (Ord. 84-42-0 §2(part), 1984).
15.44.080 Fees-Appeals and exceptions. Notices of appeal and applications for exception shall
be accompanied by a filing fee, established by resolution of the assembly, payable to the borough.
(Ord. 84-42-0 §2(part), 1984).
15-23 (KIB 12/98)
Supp. #23