Ord 2023-009/Amending Ch 14 Bld and Bldg regulations and chapter 38 Fire Prevention and Protection of City of SM Code of Ordinance to adopt the 2021 International code ICC Family codes and the 2020 National Electric code with amendments

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of the above-mentioned categories. The alternate members will serve in the absence of one or more regular members. 113.3 Terms of Office. The terms of office of the regular and alternate board members are for three -years, and are staggered so no more than % of the Board is appointed in any 12 -month period. If a regular member resigns prior to the end of his or her appointed term of office, the vacancy will be filled by the alternate who has served the longest, and a new alternate member will be appointed by the Council. 113.4 Quorum and Voting. Five members are required for a quorum. In varying any provision of this code or in modifying a decision of the building official, four affirmative votes are required. 113.5 Appeals. The Board will hear appeals and render decisions upon interpretations and rulings by the building official when allowed by this chapter. In deciding an appeal, the Board will determine if the ruling or interpretation is in accordance with the intent and purposes of this chapter and any pertinent adopted code. If the Board determines that the ruling or interpretation is not correct, the building official will not enforce or implement it. If the Board determines that the ruling or interpretation is valid, the applicant or permit holder shall either comply with the ruling or interpretation and remove or remedy all affected work within a timeframe as determined by the Building Official, or request a variance from the Board. 113.6 Variances. The Board may grant a variance which establishes and maintains effective safety. A variance may be granted when the Board finds, upon presentation of adequate evidence that compliance will result in unnecessary and extraordinary hardship and that: (1) There are special circumstances or conditions applying to the structure, the construction materials or methods, or other related factors that are unique and do not apply generally to other structures, construction materials or methods; (2) The special circumstances or conditions were not created by the applicant or permit holder or anyone associated with the applicant or permit holder; (3) The granting of the variance will be in general harmony with the purposes of this chapter and will not be materially detrimental to the persons using the structure, to adjacent property, or to the public welfare in general; and (4) The variance applied for does not depart from this chapter any more than is required because of the special circumstances or conditions. If a variance is not granted, the applicant or permit holder shall remove or remedy all affected work, within a time frame as determined by the Building Official. 113.7 Procedures. The Board may promulgate rules governing its meetings and proceedings, subject to this article. The Board will meet as necessary to hear appeals and variances. The Board will conduct a public hearing on each matter that it considers in order to allow any member of the public to speak regarding the matter. Persons desiring a hearing by the Board may be placed on the agenda by providing a written request to the building official. The meeting will be held within 10 days from the date the written request was received. Section 116 is deleted. Section 202 definitions are modified as follows: Ambulatory Care Facility. Buildings or portions thereof used to provide medical, surgical, psychiatric, nursing, or similar care on a less than 24-hour basis to persons who are rendered incapable of self-preservation by the services provided or staff has accepted responsibility for care recipients already incapable. This group may include but not be limited to the following: Dialysis centers Procedures involving sedation (Supp. No. 35, Update 4) Page 7 of 44 Created: 2022-12-02 10:13:41 [EST]