City of Lawrence

Building Code Board of Appeals Meeting

March 15th, 2013 minutes

 

MEMBERS PRESENT:

 

Dan Wethington, Sean Reardon, Neal Ezell,

 

 

 

MEMBERS ABSENT:

 

Micah Kimball, Dennis Odgers

 

 

 

STAFF  PRESENT:

 

Katherine Simmons – Plans Examiner, 

Barry Walthall – Building Codes Administrator

 

Guests Present :

 

None

 

Ex-Officio

 

 

Adrian D. Jones – Senior Plans Examiner

 

Attachments:

 

None

 

 

 

 

Meeting called to order at 11:05 AM.

 

Review minutes from 2-11-13

Reardon moved to approve minutes as written. Seconded by Wethington. Motion passed 4-0.

 

Review proposed draft ordinance for 2012 the recommended adoption of the International Residential Code

 

Ezell noted the effective dates should all be June 30th

 

The Board discussed section N1103.2.1. which addresses the R-value of ducts in unconditioned space. Ezell noted that appendix section AR202.1 should also be amended to match this section. The Board agreed.

 

Ezell moved to accept draft ordinance as amended. Seconded by Wethington.  Motion passed 3-0.

 

Walthall thanked the Board and staff for all the hard work in drafting the ordinance.

 

Review proposed draft ordinance of the Rental Licensing Ordinance.  

 

Ezell indicated that his concern was the ordinance as currently written gives the Board  authority to revoke or suspend licenses.

 

Wethington said he thinks the Board should have the authority to review the appeal but not the authority to put anybody on probation. The authority to put someone on probation or revoke a license should reside with the Codes administration not with the Board. 

 

Ezell said this is an appeals Board.

 

Reardon said the board does not grant licenses so should not have the authority to revoke or suspend a license.

 

Reardon asked if a building official revoked a license that was later appealed to the Board, which then upheld the official’s decision, was the official bound by the decision of the Board?

 

 

Wethington asked if the Board functioned as an advisory board on appeals. 

 

Walthall said his understanding is that the Board would hear presentations from staff’s and the appellant’s. The Board would make a ruling, and at that point, the ruling is binding. Staff would proceed based on that ruling. If the appellant disagrees with the ruling, it can further appeal to district court. Staff has the same option.

 

Ezell requested that the City’s Legal staff review the language of the ordinance to reflect the Board’s concern.

 

Walthall said he has had experience with the contractor licensing ordinance. The intent of that ordinance in some cases would be to discipline the contractor. The Contractor Licensing Board hears complaints from citizens at large or from staff. His opinion is that the intent of these regulations would be the same but cannot say with certainty since he is not the enforcing authority and had no role in drafting the regulations. 

 

Reardon said this is a little different in that someone can possibly be evicted from their home based on the Board’s decision.  He asked about the process is by which a rental license is revoked. He is concerned that revocation puts the tenant at risk for something that is potentially not their problem or their doing.  At the same time, if the house is a disaster, then the structure is probably not habitable.

 

Walthall said the Board would not be involved in the process of evicting a tenant. It would simply be making a ruling on whether or not a license should be suspended or revoked. 

 

Ezell said the ordinance should be written to limit the authority of the Board to hear an appeal, but not to revoke or suspend a license.

 

Ezell moved to adjourn.  Seconded by Wethington. Motion Passed 3-0.