16.10.040 Amend Section 205 Board of appeals.

Section 205 is deleted and replaced as follows:

205.1 General. 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 Council and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business.

Alternatively, the City may use five (5) Building Official members of the Napa-Solano Chapter of the International Code Council (NSICC), chosen on a case-by-case basis, to serve as the Board of Appeals for the City of American Canyon. The NSICC, an organization of Building Officials, Building Inspectors, and Construction Industry personnel, was formed in 1978 to help maintain consistent and uniform code enforcement and code interpretation within the jurisdictions of Napa and Solano counties. Building Officials from jurisdictions within Napa and Solano counties and neighboring counties are members of the NSICC.

Building Official members of the NSICC are well versed in the technical and administrative provisions of construction codes.

205.2 Limitations of Authority. The board shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. 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. Appeals from any findings by the Board of Appeals may be made by the applicant, a member of the City Council or the Building Official upon request in writing to the City Council within ten (10) days from the date of the Board's action.

205.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.