There is hereby established a Building and
Housing Board of Appeals in and for the City, to consist of fifteen members.
The Chief of the Department of Fire of the City or their designee, and the
Health Commissioner of the Middletown City Health District, or their designee,
shall be members of this Board. The remaining thirteen members of the Board
shall be appointed by City Council and shall include two licensed plumbers, two
licensed electricians, two licensed HVAC contractors, two master underground
utilities contractors, one person trained in the field of engineering, one
architect, one general building contractor and two residents of the City. Four
of the members shall be appointed for original terms of one year, four for
original terms of two years and five for original terms of three years.
Thereafter, all such appointments shall be for terms of three years. The Chief
Building Official or their designee shall serve as Secretary of the Board, but
shall have no vote on any matter considered or determined by the Board.
Vacancies on the Board shall be filled by City Council for the unexpired term
of the vacating members.
The Building and Housing Board of Appeals shall have the powers enumerated
herein.
To hear and decide appeals from any order,
requirement, decision or determination of any administration officer or agency
of the City issued pursuant to Part Fourteen, the Building and Housing Code, of
the Codified Ordinances of the City, when such appeal is based on one of the
following grounds:
The interpretation of the application of a
particular provision of Part Fourteen of the Codified Ordinances of the City of
Middletown; or Middletown - Building and Housing Code
The strict application of a particular
provision imposes an undue hardship on the appealing party and a modified
application or alternate arrangement is available and feasible, which would
relieve such hardship without defeating the purpose and intent of the
particular provision.
To review and approve rules and regulations
prepared by the Chief Building Official concerning the interpretation and
application of Part Fourteen of the Codified Ordinances of the City. The Chief
Building Official of the City may promulgate such rules and regulations they
deem necessary to facilitate the application and interpretation of Part
Fourteen.
To pass on the acceptability of equivalent
materials and alternative construction methods consistent with the requirements
of Part Fourteen of the Codified Ordinances of the City, and all building and
housing codes adopted thereunder.
To oversee the administration of the
examination for licenses to be issued pursuant to Chapters 1416, 1422, 1428 and
1430 of the Codified Ordinances. All testing procedures shall be established
and administered by the Chief Building Official.
To conduct hearings regarding the denial,
suspension or revocation of licenses issued in accordance with Chapter 1416,
1422, 1428 or 1430 of the Codified Ordinances.
The Building and Housing Board of Appeals shall
meet a minimum of one time per year. Other meetings shall be scheduled as
needed. The members of the Board present at the meeting shall constitute a
quorum. Unless specified elsewhere in the law, all action of the Board may be
taken upon a majority vote of those members present.
Application for appeal. Any person
directly affected by a decision of the Chief Building Official or a notice or
order issued under this Code shall have the right to appeal to the Board of
Appeals, provided that a written application for appeal is filed within 20 days
after the day the decision, notice or order was serviced. 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 filly apply, or the requirements of this Code are adequately
satisfied by other means.
Notice of meeting. The Board shall
meet upon notice from the Chairperson, within ten days of the filing of an
appeal, or at stated periodic meetings.
Open hearing. All hearings before
the board shall be open to the public. The appellant, the appellant’s
representative, the Code official and any person whose interests are affected
shall be given an opportunity to be heard. A quorum for purposes of hearing an
appeal shall consist of not less than eight Board members.
Procedure. The Board shall adopt and
make available to the public, through the Secretary, procedures under which a
hearing will be conducted. The procedures shall not require compliance with
strict rules of evidence, but shall mandate that only relevant information be
received.
Board decision.
The Board may affirm, reverse or modify the
decision of the administrative officer or agency. The Board shall modify or
reverse the decision only by a concurring vote of a majority of the total
number of appointed Board members.
The decision of the Board shall be
recorded. Copies shall be furnished to the appellant and to the Chief Building
Official.
Upon receipt of a. request from the
Chief Building Official to review a registration, license or application for
license in accordance with § 1416.15, 1422.09, 1428.08 of the Codified
Ordinances, the Board shall appoint a hearing panel of three of its members
(one must be a member of the trade involved) to conduct the review.
A hearing will be held before the hearing
panel. The registrant, licensee or applicant shall have an opportunity to be
heard, and an opportunity to question those presenting evidence in support of
suspension, revocation or denial of the registration or license. Formal rules
of evidence will not apply. The proceeding will be recorded, either
electronically or by a certified court reporter. Within ten days of the
hearing, the panel shall make a recommendation, in writing, to the Board as to
whether the registration or license should be revoked, suspended or denied
stating the reason for the decision. The Board, at its next scheduled meeting,
may accept, reject or modify the recommendation of the hearing panel. If the
Board rejects or modifies the recommendation, it must enter a written decision
explaining the reason for such rejection or modification. If the Board accepts
the recommendation, it may either issue a written decision explaining its
decision, or it may adopt the written recommendation of the hearing panel.
Any suspension or revocation of the local
registration of a contractor licensed in accordance with Ohio R.C. Chapter
4740, shall be reported to the Ohio Contractors Industry Examining Board by the
Secretary to the Board.