A. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the city manager and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. The building official may assist as staff for the board and may participate fully in proceedings before the board but shall have no vote on any matter before the board.
B. 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 fully apply or an equally good or better form of construction is proposed (for the purposes of this section, an “equally good or better form of construction” shall mean that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety). The board of appeals is limited to substantive code issues. It shall have no appellate authority concerning interpretation of the administrative provisions of this code nor shall the board have the authority to waive requirements of either this code or of other codes, appendices and referenced code standards adopted by or through this code.
C. The board of appeals shall consist of three members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.
D. Requests for an appeal hearing before the board under the codes set forth in subsection A of this section shall be filed with the city clerk’s office within 14 calendar days following issuance of the building official’s written decision. The clerk shall forward to the city manager a list of 10 persons to serve as prospective board members, which have been suggested by the building official as qualified by experience and training to hear the individual appeal. No employee of the city may serve on the board. The city manager shall choose three persons from the list to serve as members of the board of appeals, for the purpose and duration of the specific appeal.
E. All hearings of the board shall be recorded or reported. All decisions and findings of the board shall be rendered in writing.
F. The board’s written decision shall be the final decision of the city on the matters addressed. A party aggrieved by the written decision of the board must timely appeal the decision to the superior court pursuant to the Land Use Petition Act, Chapter 36.70C RCW. Requests for board of appeals reconsideration shall not stay any applicable limitations period. (Ord. 2344 § 1 (Exh. A), 2021; Ord. 2124 § 2 (Exh. B), 2013; Ord. 1986 § 1, 2007; Ord. 1926 § 4, 2004).