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Home My WebLink About2023-03 An Ordinance Amending Title 3 of the Vail Town Code by the Addition of a New Chapter 7 Establishing the Building Fire Code Appeals Board and Amending Title 10ORDINANCE NO.3 SERIES 2023 AN ORDINANCE AMENDING TITLE 3 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 7, ESTABLISHING THE BUILDING AND FIRE CODE APPEALS BOARD, AND AMENDING TITLE 10 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 10-1-13, ESTABLISHING PROCEDURES FOR THE APPEALS PROCESS. WHEREAS, the Town's adopted building and fire codes require the Town to establish a Board of Appeals; WHEREAS, previously, the section of the Vail Town Code establishing the appeals process for the Building and Fire Code Appeals Board was included in Title 10 but was inadvertently deleted with the latest code adoption; and WHEREAS, the Vail Town Council finds it in the best interest of the public health, safety, and welfare to adopt these amendments to the Vail Town Code. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 3 of the Vail Town Code is hereby amended by the addition of a new Chapter 7, to read as follows: CHAPTER 7 BUILDING AND FIRE CODE APPEALS BOARD 3-7-1: BOARD ESTABLISHED: The Building and Fire Code Appeals Board (the "Board") is hereby established. 3-7-2: POWERS AND DUTIES: A. The Board shall be authorized to: 1. Hear and decide upon appeals of an order, decision, determination, or interpretation made by the Building Official or the Fire Code Official under Section 10-1-13 of this Code. 2. Assist the Building Official and the Fire Code Official with determining code compliance of alternative materials, designs and methods of construction and equipment. 2/ WO23 11FILESERVER2019%REDIRECTEASICJARECKMESKTOPOUILDING & FIRE CODE APPEALS BOARDIBFCAB ORDINANCEIORDINANCE 3, SERIES OF 2023 - BFCAB.DOCX 3. Make recommendations to the Town Council on matters relating to building and fire code adoption, compliance, intent, modification, and amendment. 3-7-3: MEMBERSHIP: A. Appointment. The Board shall consist of seven (7) members, all appointed by the Town Council. In addition, the Building Official and Fire Code Official shall be ex ofcio members of the Board, but shall have no voting rights, shall not be counted towards a quorum, and shall not participate in any appeal made to the Board. B. Qualifications. Each member shall be qualified by experience, knowledge, and training to pass on matters pertaining to building construction, codes and standards, hazards of fire or fire protection systems, such as: a licensed architect; a licensed engineer with structural, mechanical, electrical, or fire protection engineering experience; a construction company owner, executive, superintendent, or other manager; or any other individual with similar experience, knowledge, and training. No Board member shall be an employee of the Town. C. Terms. The term for each Board member shall be four (4) years, provided that terns be staggered, and shorter terms may be required to maintain the stagger. All terms shall expire on March 31. Section 3-1-1 of this Code shall not apply to this Board. D. Removal. Board members may be removed by the Town Council for inefficiency, neglect of duty, failure to attend meetings, or malfeasance in office; provided that prior to such removal, the Board member shall receive written notice of the charges supporting removal and shall have an opportunity to be heard. E. Vacancies. If a vacancy occurs in the middle of a Board member's term, the Town Council shall appoint a successor to fill the vacancy and the new member shall serve the remainder of the term of the former member. 3-7-5: PROCEDURES: A. The Board shall establish policies and procedures necessary to carry out its duties. The procedures shall not require compliance with strict rules of evidence or procedure but shall mandate that only relevant information be presented. B. The Board shall meet once per month, as necessary. All Board meetings shall comply with the Colorado Open Meetings Law, C.R.S. § 24- 6-401, et seq. 2 WZ2023 IIFILESERVER20191REDIRECTEDSICJARECKWESKTOFWU1LDING & FIRE CODEAPPEALS BOARDIBFCAB ORDINANCEIORDINANCE 3, SERIES OF 2023 - BFCAB. DOCX C. The Board shall annually select one of its members to serve as Chair and another to serve as Vice -Chair. The Chair, or in the Chair's absence, the Vice -Chair, shall be the presiding officer at Board meetings. In the absence of both the Chair and the Vice -Chair, the Board members present shall appoint a member to serve as acting Chair at said meeting. D. A quorum of the Board shall be four (4) members. A simple majority of Board members present shall be required for the Board to take any action. E. Any Board member with a conflict of interest related to any matter before the Board shall declare such interest and recuse themselves from any discussion, deliberation or vote on such matter. F. All appeals made to the Board shall be in accordance with Section 10-1-13 of this Code. Section 2. Chapter 1 of Title 10 of the Vail Town Code is hereby amended by the addition of the following new Section 10-1-13: 10-14 3: APPEALS: A. Appeal of Building Official or Fire Code Official actions: 1. Authority: The Building and Fire Code Appeals Board (the "Board") shall have the authority to hear and decide appeals from any order, decision, determination, or interpretation by the Building Official or Fire Code Official with respect to the provisions of this Code. An application for appeal shall be based on a claim that the 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 equivalent or better form of construction is proposed. The Board shall not have the authority to waive any specific requirement of this code. 2. Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination, or interpretation by the Building Official or Fire Code Official with respect to the provisions of this Code. Failure to file a timely appeal shall constitute a waiver of any rights under this Chapter to appeal any order, decision, determination or interpretation by the Building Official or Fire Code Official. 3. Procedure: i. A written notice of appeal shall be filed with the Community Development Department within fourteen (14) days of any decision being appealed. Upon the filing of the appeal, the Building Official 3 2*MO23 11FILESERVER2019%REDIRECTEDSICJARECKMESKTOPI3UILD1NG & FIRE CODEAPPEALS BOARMFCAS ORDINANCMRDINANCE 3, SERIES OF 2023 - BFCAS.DOCX shall gather and forward all records concerning the subject matter of the appeal to the Board. ii. The appeal shall be considered by the Board at its next regularly scheduled meeting. iii. The Board may affirm, reverse, or modify the action of the Building Official or Fire Code Official, or schedule a hearing. Failure of the Board to act within fourteen (14) days of receipt of the appeal information shall be deemed concurrence with the action of the Building Official or Fire Code Official. iv. If a hearing is deemed necessary, it shall be held within thirty (30) days of the first consideration by the Board. Written notice shall be sent to the appellant a minimum of fourteen (14) days prior to the scheduled hearing. The Board may grant one continuance of the hearing of up to thirty (30) days. 4. Findings: The Board shall, on all appeals, make findings of fact based on the evidence presented, as to how the requirements of the applicable Code have or have not been met. B. Appeal of Board actions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any order, decision, determination, or interpretation of the Board. 2. Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination, or interpretation of the Board. Failure to file a timely appeal shall constitute a waiver of any rights under this Chapter to appeal any order, decision, determination, or interpretation of the Board. 3. Procedure: i. A written notice of appeal shall be filed with the Community Development Department within fourteen (14) days of the Board's decision. Upon the filing of the appeal, the Building Official shall gather and forward all records concerning the subject matter of the appeal to the Town Council. ii. The Town Council shall consider the appeal at its next regularly scheduled meeting. iii. The Town Council may confirm, reverse, or modify the action of the Board. 4 2/ M023 I%FILESERVER20191REDlRECTED$1CJARECKADESKTOP%BU1LDING & FIRE CODE APPEALS 80ARDI3FCAB ORDINANCEIORDINANCE 3, SERIES OF 2023 - BFCAB.DOCX 4. Decision: The Town Council may affirm, reverse, or modify the action of the Board. The Town Council shall make findings of fact based the evidence presented. 5. Final Decision: The decision of the Town Council shall be final, subject only to judicial review by a court of competent jurisdiction under C.R.C.P. 106(a)(4). Section 3. Effective Date. This Ordinance shall become effective on or after April 1, 2023. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 6. The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21 st day of February, 2023 and a public hearing for second reading of this Ordinance is set for the 7t' day of March, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. P 5 222/2023 IIFILESERVER20i9V2EDIRECTED$1CJARECKMESK'TOP%BUILDING & FIRE CODE APPEALS 80ARMBFCAB ORDINANCEIORDINANCE 3. SERIES OF 2023 - BFCAB, DOCK Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 71h day of March, 2023. ATTEST: Stepanie Bibbens, Town Clerk 6 2/2202023 %%FILESERVER20191REDlRECTED$=ARECKADESKTOFIBUILDING 8 FIRE CODE APPEALS BOARD18FCAB ORDINANCEIORDINANCE 3, SERIES OF 2023 - BFCAS. DOCX