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05-39 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 05-39 AN ORDINANCE ESTABLISHING THE CONSTRUCTION BOARD OF APPEALS OF THE TOWN OF PROSPER, TEXAS; PROVIDING FOR THE APPOINTMENT AND REMOVAL OF ITS MEMBERS AND THE METHOD OF FILLING VACANCIES; PROVIDING FOR THE QUALIFICATIONS OF ITS MEMBERS; DEFINING A QUORUM; PROVIDING FOR THE APPOINTMENT OF ALTERNATE BOARD MEMBERS; PROVIDING FOR THE DESIGNATION OF OFFICERS; PROVIDING FOR THE POWERS AND DUTIES OF THE BOARD; PROVIDING FOR AN APPEAL PROCESS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABLITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated and determined that it will be advantageous and beneficial to Prosper and its inhabitants to establish a Construction Board of Appeals as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Definitions. For the purpose of this Ordinance, the following terms, phrases, words and their derivation shall have the meaning given herein: A. Board — when used herein shall mean the Construction Board of Appeals of the Town of Prosper, Texas. B. Board Member — when used herein shall mean the members of the Construction Board of Appeals, excluding the Building Official who shall serve as an ex officio member of the Board. C. Building Official —when used herein shall mean the Building Official of the Town of Prosper, Texas, or his/her designee. D. Codes—when used herein shall mean the International Building Code, International Plumbing Code, International Mechanical Code, International Fuel Gas Code, International Energy Conservation Code, International Residential Code, International Property Maintenance Code, National Electrical Code, and International Fire Code,as adopted by Ordinance Numbers 04-32, 04-36, 04-35,04-34, 04-33, 04-38, 04-37, 04-39, and 04-98, respectively, as they currently exist or may be amended. E. Prosper—when used herein shall mean the Town of Prosper, Texas. F. Town Administrator— when used herein shall mean the Town Administrator of the Town of Prosper, Texas,or his/her designee. SECTION 3: Establishment of Construction Board of Appeals. There is hereby created and established within Prosper the Construction Board of Appeals. 1 SECTION 4: Number of Members/Appointment/Terms. The members of the Board shall consist of five (5) members, to be appointed by the Town Council for a term of two (2) years; provided, however,that of the first five(5) appointments made under this Ordinance, three (3) shall be appointed to serve a two (2) year term and two (2) shall be appointed to serve a one (1) year term and, thereafter, three (3) shall be appointed during odd-numbered years and two (2) shall be appointed during even-numbered years, for said two (2) year term. No Board Member shall serve for more than three (3) consecutive terms or six (6) consecutive years (whichever is less). In addition to the five(5) Board Members, the Building Official shall serve as an ex officio member of the Board, but shall have no right to vote on any matter before the Board. Each Board Member shall serve without compensation, but may be reimbursed for actual expenses approved in advance by the Town Council. SECTION 5: Board Members' Qualifications. Each Board Member shall reside within the Town limits of Prosper. Each Board Member shall also be qualified by experience and/or training to consider and vote on matters within the jurisdiction of the Board and shall not be employees of Prosper. Each Board Member shall have any other qualification(s) as the Town Council deems necessary and appropriate. If possible, dependant upon the pool of applicants and their specific qualifications, the Board should be made up of persons with the following credentials: A. One(1) Master Electrician B. One(1) Representative from an Electric Power Utility C. One(1) Registered Design Professional D. One(1) Professional Engineer E. One(1) Master Plumber F. Two (2) Alternates with Architectural, Building Superintendent, or Fire Protection experience, or with any of the above credentials. SECTION 6: Meetings. The Board shall have regular meetings once a month, as needed and other meetings as the Board, Town Council, and/or Building Official deem necessary and appropriate. The Town shall prepare and post a regular meeting calendar for each calendar year, a minimum of thirty (30) days prior to January 1st of that year. SECTION 7: Vacancies. When vacancies occur on the Board, the Town Council shall appoint, by majority vote, a replacement to serve the remainder of that term. SECTION 8: Removal. Each Board Member may be removed by the Town Council for cause on a written charge after a public hearing. Any Board Member who is absent from three(3)consecutive regular meetings without explanation acceptable to a majority of the other Board Members is good cause for removal SECTION 9: Quorum. Four (4) Board Members shall constitute a quorum of the Board for the purpose of conducting its business, exercising its powers and for all other purposes. SECTION 10: Alternate Board Members. The Board shall have two(2) alternate Board Members appointed by the Town Council to serve in the absence of one (1) or more regular Board Members when requested to do so by 2 the Mayor or Town Administrator. Each alternate Board Member serves for the same period as a regular Board Member and is subject to removal in the same manner as a regular Board Member. A vacancy among the alternate Board Members is filled in the same manner as a vacancy among the regular Board Members. An alternate Board member serves upon the same terms and conditions as a regular Board Member. SECTION 11: Officers. The Board shall have a Chair, Vice-Chair and Secretary whose terms shall be one (1) year. The Chair and Vice-Chair shall be appointed by the Town Council. The Secretary shall be elected by the members of the Board. The Chairperson shall preside over meetings and shall be entitled to vote upon each issue. The Vico-Chair shall assist the Chair in directing the affairs of the Board. In the absence of the Chair, the Vice-Chair shall assume all duties of the Chair. The Secretary shall keep the Minutes of all meetings, and in the Secretary's absence,the Chair shall designate another member to act as Secretary. The Secretary may accept the assistance of Town personnel in taking and transcribing minutes. SECTION 12: Powers and Duties. A. Authority of the Board. The Board may hear and decide an appeal that alleges error in an order, requirement, decision or determination made by the Building Official in the enforcement of the Codes and this Ordinance, as it exists or may be amended. In exercising the Board's authority herein, the Board may reverse or affirm, in whole or in part, or modify the Building Official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose, the Board has the same authority as the Building Official. The Board shall have no power to obligate Prosper in any manner whatsoever. The Board's finances shall be handled in the same manner as any other board of Prosper. The Board shall have no authority to waive any requirement contained in any of the Codes. B. Basis of Board's DecisionNote Required. In order to make a finding for the appellant, the Board must make a determination that the true intent of any of the Codes has been incorrectly interpreted by the Building Official; that a provision(s) of the Code(s), made the subject of the appeal, does/do not fully apply; or an equally good or better form of construction of the specific Code, made the subject of the appeal, is proposed. The concurring vote of four(4) members of the Board is necessary to reverse an order, requirement, decision or determination of the Building Official. C. Minutes. The Board shall keep and maintain minutes of any and all proceedings held and shall submit a written report of such proceedings to the Town Council not more than three (3)weeks following each such meeting. D. Adoption of Rules and Regulations. The Board shall have the power to develop and revise rules and regulations for its own governance. All rules and regulations adopted by the Board shall be reviewed and approved by the Town Council. The rules and regulations shall be consistent with and not in conflict with this Ordinance, the Codes and/or other rules and regulations prescribed by the Town 3 Council. The Board shall function according to the laws of the State of Texas, the Codes, and the provisions of this Ordinance. E. Written Decision. The Board shall render all decisions in writing to the appellant with a copy to the Building Official. SECTION 13:Appeal. A. Building Official's Order, Requirement, Decision or Determination. Appeals from an order, requirement, decision or determination of the Building Official shall be made in writing to the Town Administrator's office within seven (7) working days of the order, requirement, decision or determination of the Building Official. The Town Administrator shall notify the Building Official and the appellant of the placement of the appeal on the first available Board agenda in compliance with the Texas Open Meetings law. B. Board's Decision. Appeals from a decision of the Board shall be made in writing to the Town Council within seven (7) working days of the written decision of the Board. The Town Secretary shall notify the Building Official and the appellant of the placement of the appeal on the first available Town Council agenda in compliance with the Texas Open Meetings law. The decision of the Town Council is final. SECTION 14: Savinqs/Repealinq Clause: All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 15: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection,clause or phrase thereof irrespective of the fact that any one or more sections, subsections,sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 16: Effective Date: This Ordinance shall become effective immediately upon its passage and adoption. /�//��DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS on this*Pday ofS-�L, 2005. APPROVED AS TO harles is ger, Mayor ATTESTED TO AND COR TLY RECORDED BY: S anae!enningcr °ets 4