2.235.010 Board of Building and Fire Appeals.
(a) There is hereby created a Board of Building and Fire Appeals consisting of seven members appointed pursuant to TMC 2.205.010. However, a candidate who is otherwise qualified but does not reside in the City may be appointed if the candidate resides in Shawnee County and is employed or operates a business within the City. The members of the Board shall be currently licensed or engaged in or have substantial past experience in the following fields or professions: licensed professional engineer, licensed architect, licensed commercial contractor, or other experienced professional working in a field related to building construction. The Board shall always consist of at least two engineers, two architects, and one contractor. Members shall serve a two-year term. Members shall not serve beyond the end of their appointed terms. Upon expiration of a term the position shall remain vacant until a successor is appointed. The City Attorney, City Fire Chief and Development Services Director or their designees shall serve as nonvoting ex officio members of the Board. The Development Services Director or his or her designee shall serve also as secretary of the Board. Copies of current adopted codes will be made available to Board members.
(b) The Board of Building and Fire Appeals shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Development Services Director and the Fire Chief with a duplicate copy to the appellant.
(c) The Board of Building and Fire Appeals shall consider appeals from decisions of the Director of Development Services, the Fire Chief or their designees with regard to the following:
(1) The suitability of alternate materials, methods and type of construction.
(2) Interpretations of the provisions of the commercial and residential building codes, building conservation code, existing building code, fire code, energy conservation codes, and life safety code.
(3) Granting variances from the codes identified in subsection (c)(2) of this section. A variance may be granted only upon a determination that such variance will not endanger life, property or public safety. Where a variance is sought with respect to a historic structure that is listed on the National Register of Historic Places, the Register of Historic Kansas Places, or is designated a City historic landmark, the Board shall specifically consider the structure’s historic recognition in reaching its decision, exerting an affirmative effort to preserve the structure’s historic integrity in effecting any necessary changes. Pursuant to this goal, the Board shall consult with the Planning Department Director or designee.
(d) Decisions by the Board may be appealed to the district court pursuant to K.S.A. 60-2101.
(e) The Board of Building and Fire Appeals may request other boards and commissions of the City, including the electrical, mechanical or plumbing boards, to provide technical assistance and recommendations. In addition, the Board of Building and Fire Appeals may require substantiating data or tests to determine the suitability and feasibility of allowing the variance requested by the applicant.
(f) A filing fee of $100.00 shall be paid in advance by any party appealing to the Board. (Ord. 20366 § 1, 8-9-22. Formerly 2.40.010.)