Ord 2010-048 - Laserfiche WebLink

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113.1.1 Applicability. The Board of Construction Appeals replaces sitting boards identified in the ICC Family of Codes adopted by the City of San Marcos unless specifically authorized by local amendment or state law. 113.2 Membership. The board consists of five regular members and two alternate members. The five regular members are composed of one master plumber, one master HVAC contractor, one general contractor, one residential contractor, and one member from the general public. The two alternate members may come from any 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 then 1/3 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, not less than 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, 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.