5.63.120 Boards.
(a) Boards for Each Trade Created. There is hereby created a board for each of the licensed trades: Board of Electrical Appeals, Board of Plumbing Appeals, and Board of Mechanical Appeals. Such boards shall have five members and shall be comprised of two masters licensed in the particular trade, two journeymen licensed in the particular trade, and an engineer, practicing in the particular trade, appointed in accordance with TMC 2.205.010 and the Charter Ordinance codified at Appx. A, Section A2-72. Provided, however, the two positions designated to be filled by journeymen may be filled by licensed journeymen, licensed masters, or engineers practicing in that particular trade. The purpose of the boards shall be to hear appeals from administrative decisions and upon request from the administration to review applicants in accordance with this chapter.
(b) Terms of Members. The terms of office for the members of the trade licensing boards shall be two years.
(c) Chairpersons. The chairpersons of the trade licensing boards shall be selected by a majority vote of the members thereof.
(d) Licensing Authority. The Board shall have the final authority to determine the experience and competency to take the examination for the particular license. The Development Services Director shall review all initial applications prior to testing to determine eligibility and shall notify the applicant of the test results within seven working days after receipt of the test results. Any appeals from the licensing determination of the Development Services Director shall be made to the Board.
(e) Authority to Hear Appeals, Permit Exceptions and Grant Variances or Waivers.
(1) The Board shall have authority to hear and determine appeals from interpretations or other determinations by the Development Services Director of the code.
(2) The Board shall also have the authority to grant exceptions, variances or waivers from the code provisions in cases or situations which meet the purpose and intent of the code. An exception, variance or waiver shall only be granted in those situations that will not endanger life or limb, health, property, or public welfare. All requests for appeals from interpretation of the code by the Development Services Director, exceptions, variances or waivers shall be written. Such application shall be accompanied by a full written explanation of the rationale and reasoning for such request.
(3) Procedure for appeal and granting exceptions, variances or waivers shall be in accordance with TMC 2.45.010 et seq. Provided, however, appeals under this chapter shall be to the Board and not to a Hearing Officer. Further, the decision of the Board shall constitute the final determination by the City.
(f) Authority to Suspend or Revoke License.
(1) The Board shall be empowered to suspend a license for infractions including but not limited to the following:
(i) Failure to obtain a permit prior to initiating work on the project.
(ii) Creating a hazardous situation which endangers life and/or property.
(iii) Failure to correct a written violation notice within the allotted time.
(2) The Board shall be empowered to revoke a license for infractions including but not limited to the following:
(i) Loaning of his license to another individual or company.
(ii) Creating a hazardous situation which endangers life and/or property.
(iii) Subsequent violations of failure to obtain a permit prior to initiating work on the project, creating a hazardous situation which endangers life and/or property, or failure to correct written violation notice within the allotted time after having been previously suspended for such violation.
(3) The Development Services Director shall send written notice to the license holder setting forth the alleged infraction(s) and setting forth a time and place at which the proposed suspension or revocation will be heard by the Board. Procedure for administrative hearings related to suspension or revocation shall be in accordance with TMC 2.45.010 et seq. to the extent applicable. Provided, however, appeals under this chapter shall be to the Board and not to a Hearing Officer. Further, the decision of the Board shall constitute the final determination by the City. During the course of suspension or revocation, all work shall cease except that work necessary to correct a hazardous situation or correct a written violation notice. (Ord. 19330 § 31, 11-3-09. Code 1995 § 30-531.)