Chapter 11 - Building Code
Division 2 - Building Board of Appeals
SEC. 11.2-1 CREATION, COMPOSITION, APPOINTMENT AND TERM. There is hereby created a Building Board of Appeals consisting of fifteen members. The members of the Board shall be individuals who are qualified by experience and training to decide upon matters pertaining to building construction and shall have the specific qualifications of each discipline set forth in this Section. Three members shall represent each of the following disciplines:
- Design Professional: The Design Professional representative
must be a licensed architect, licensed structural engineer, or
an individual with a minimum of a Master’s Degree in
Construction Technology or similar field.
- General Construction: The General Construction representative
must be a contractor with a minimum of five years’ experience in
general construction or an individual with a minimum of a
Master’s Degree in Construction Technology or related field.
- Mechanical Construction: The Mechanical Construction
representative must be a licensed mechanical engineer or a
licensed HVAC contractor with a minimum of five years’
experience in HVAC installation and maintenance.
- Electrical Construction: The Electrical Construction
representative must be a licensed electrical engineer or a
licensed electrical contractor with a minimum of five years’
experience in electrical installation and maintenance.
- Plumbing Construction: The Plumbing Construction representative must be a licensed plumber with a minimum of five years’ plumbing experience or an individual with a minimum of a Bachelor’s Degree in environmental science.
The President of the Board of Trustees with the consent of the Board of Trustees shall make appointments to the Building Board of Appeals. The initial board shall consist of representatives in each category serving either a two, three, or a four-year term. Thereafter, members shall be appointed for terms of four (4) years and shall serve until their successors are appointed and duly qualified. The Board shall designate one of its members to serve as Chairperson. The Chairperson shall serve a one (1) year term and may be reappointed. The Building Commissioner of the Town of Normal shall serve as an advisor to the Board and may act as its Secretary. Vacancies among Board members shall be filled for the unexpired term in the same manner as original appointments.
SEC. 11.2-2 FUNCTIONS. The Building Board of Appeals shall have the following functions:
- To hear and decide all appeals from rulings or
determinations of the Building Commissioner under this
Chapter and rulings or determinations of the Building
Commissioner, Plumbing Inspector, HVAC Inspector, Electrical
Inspector, and to hear and decide all appeals from rulings
or determinations of the Chief Fire Inspector under the Fire
Prevention Code (Chapter 6 of the Municipal Code, Town of
Normal, Illinois, as amended). In Any appeal stemming from a
particular discipline, two representatives of that
discipline must attend and participate in hearing and
deliberation of the case unless such participation would be
prohibited by law. (Amended 2/19/79)(Amended 6/18/90)
- To serve as the “Board of Appeals” as that term is used
in the various International construction and property
maintenance codes adopted by the Town of Normal. (Amended by
Ord. No. 4231 4/18/94)
- To recommend to the Town Council reasonable rules and
regulations governing the issuance of permits by the
Building Commissioner under this Chapter.
- To recommend to the Town Council reasonable fees to be
paid for the inspections performed by the personnel of the
Building Inspection Department of the Town of Normal under
this Chapter.
- To perform such other duties as may be given or assigned
by the Town Council.
- The Building Board of Appeals, in concurrence with the Building Commissioner, shall have the authority to provide for experimental programs or pilot studies, including studies which would allow for the installation of materials or methods which are otherwise prohibited by Town ordinance. In determining whether to approve such studies or pilot programs, the Building Board shall consider the health and safety of the residents of the Town of Normal, the likely future use of the product or method sought to be used, and the expected benefit of the intended material or method. Any program or study approved shall be limited in duration and scope such that a reasonable assessment can be made of the material or method. The Building Commissioner shall report regularly to the Building Board of Appeals on the effectiveness of such material or method approved for a pilot program or study. (Added 6/4/07 by Ord. No. 5137)
SEC. 11.2-3 QUORUM. Five (5) members of the Board shall constitute a quorum. All decisions shall require an affirmative vote of a simple majority of the Board members present. No member of the Board shall consider or vote on any question in which he, or any corporation in which he is a shareholder, is financially interested to an extent greater than other persons, firms or corporations performing or in business to perform comparable work.
SEC. 11.2-4 MEETINGS AND RECORDS. Meetings of the Board shall be held bi-annually and at the call of the Chairperson and at such other times as the Board may determine. All hearings before the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member on every question. If a member is absent or fails to vote, the minutes shall so indicate. The Board shall also keep records of its other official actions. Such minutes and such records shall be public records.
- Application for Appeal. Any application for
appeal shall be made within ten (10) days from the date of
the decision appealed from, by filing with the Building
Commissioner a Notice of Appeal specifying the grounds for
the appeal. The Building Commissioner shall transmit to the
Board of Appeals the Notice of Appeal and all papers or
documents on which the matter appealed from was based.
- Decision of the Board of Appeals. The Board of
Appeals shall in every case reach a decision without
unreasonable or unnecessary delay. Every decision of the
Board shall be in writing and shall promptly be filed in the
office of the Building Commissioner and served either by
personal delivery or regular mail on the party initiating
the appeal.
If a decision of the Board of Appeals reverses or modifies a decision of the Building Commissioner, the Building Commissioner shall take action immediately in accordance with such decision.
SEC. 11.2-6 RULES AND REGULATIONS. The Board may establish rules and regulations for its own procedure not inconsistent with the provisions of this Chapter.
(Entire Division 2 Amended 2/5/07 by Ord. No. 5115)