Board of Building Appeals

1305.01 MEMBERS; APPOINTMENT, QUALIFICATIONS AND VACANCY.

(a)   A Board of Building Appeals is hereby created, which shall consist of five persons, who shall be residents of the City and/or who shall be employed or have their principal place of business within the City. The members of the Board shall be appointed by the Mayor, subject to approval of Council. The members shall be appointed for terms of three years. Of the members, all of whom shall be conversant with light construction industry, two shall be Ohio registered design professionals (architects and/or engineers), one a contractor licensed by the City of Canton, and two representatives of the public at large. No member shall act on any matter in which he or she has a financial interest.

(Ord. 46-2021. Passed 3-8-21)

(b)   In the event of a vacancy on the Board, the Mayor shall, within thirty days, appoint a new member who shall have the same qualifications as the member whom he replaces and who shall serve the balance of the unexpired term of such member. The members shall serve on the Board without compensation and until successors have been appointed to succeed them.

(Ord. 126-93. Passed 6-29-93)

1305.02 ORGANIZATION AND QUORUM.

(a)   The Board of Building Appeals shall organize by electing a chairman, vice-chairman and a secretary, who shall serve for a period of one year. The Chief Building Official or his designee, shall attend all meetings of the Board and shall provide such information, services and assistance as it may require.

(b)   A quorum shall consist of three members, and no official meeting shall be held unless a quorum is present at roll call. The affirmative vote of the majority of the members present at a meeting shall be necessary to pass any resolution or make any decision.

(Ord. 126-93. Passed 6-29-93)

1305.03 RULES AND PROCEDURES.

(a)   The Board of Building Appeals shall adopt rules and regulations of procedure, which it may, from time to time, change at its discretion. However, no rule or regulation shall be in conflict with any provision of Section 1305.02.

(b)   Such rules and regulations shall fix the time and place of regular meetings, and shall provide for special meetings, for appeal procedures and for such other matters as are pertinent to the operation of the Board.

(c)   Complete minutes shall be kept of every meeting, setting forth all business transacted and decisions made. In case an appeal is adverse to the appellant, the minutes shall contain the reason therefor. All minutes shall be signed by the secretary. A copy of the minutes shall be sent to the Chief Building Official or his designee, and to every appellant who has an interest therein.

(Ord. 126-93. Passed 6-29-93)

1305.04 POWERS AND DUTIES.

 For the purpose of carrying out the intent of the City Building Code and Residential Code of Ohio, the Board of Building Appeals shall have the following powers and perform the following duties:

(a)   Hear an appeal filed by any person, partnership, corporation or other unincorporated association adversely affected by a decision of the Chief Building Official or his designee in the enforcement of the City Building Code. The Board shall have the power and authority to require by resolution that the Chief Building Official or his designee modify, reverse or enforce his decision. Appeals of demolition orders issued by the Chief Building Official shall be subject to the provisions of Section 1305.05.

(Ord. 219-2004. Passed 10-25-04)

(b)   Formulate and report to the Mayor, from time to time, recommendations for amendments to the City Building Code as the public health, safety and welfare may require.

(c)   Determine by rule or regulation, on application to the Board, whether any new type of material, method of construction or equipment is equal to that required by the City Building Code, and to recommend same to Council the use of new material incorporated in such Code. All questions involving the use of material or methods of installation of material in the areas of plumbing, electrical and HVAC shall be determined by the City Construction Board under the provisions of Chapter 1309.

(Ord. 126-93. Passed 6-29-93)