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A. In order to advise the city council regarding the technical codes and methods contained in VMC Title 16 and 17, and to provide for reasonable interpretations of the adopted technical codes, there shall be and is hereby created a Building and Fire Codes Commission consisting of members who are qualified by experience and training to rule upon matters pertaining to building construction, fire codes, building service equipment and related technical codes as adopted in VMC Title 16 and 17.

B. Duties. The Building and Fire Codes Commission shall:

1. Conduct public meetings to carry out the duties of the commission.

2. Investigate building code, fire code, and construction related issues.

3. Recommend construction and fire prevention regulations related to VMC Title 16 and 17.

4. Review and make recommendations to the council prior to its action on all proposed new codes and proposed changes to existing construction codes and regulations relating to building and fire.

5. Hear and resolve disputes concerning the building official’s and the fire code official’s interpretation and application related to permits, inspections, interpretation and application sought under the codes they administer, provided that the building official’s or fire code official’s interpretation or application of any code requirement may be reversed only if the Building and Fire Codes Commission finds that the interpretation of the building official or fire code official was arbitrary and capricious or clearly erroneous in the application or interpretation of the codes; and provided further that the Building and Fire Codes Commission shall not have jurisdiction to hear appeals of notice of civil violation and orders, orders to revoke permits, summary abatements and stop work orders related to an enforcement action under VMC Title 22.

C. Membership. The Building and Fire Codes Commission shall consist of five (or more) members appointed by the mayor and council from the following list: licensed architect, professional structural engineer, professional mechanical engineer, professional electrical engineer, general building contractor, residential contractor, mechanical contractor, fire systems contractor, fire code specialist, plumbing contractor, electrical contractor, building material supplier, construction industry union representative, person with substantial experience or expertise in codes or construction, and public at large. Not more than one representative from a category may serve at any one time. A majority of the appointed membership shall constitute a quorum.

D. Term of office. Each member of the Building and Fire Codes Commission shall be appointed to a six-year term. The first appointments shall be staggered so that not more than 1/6th of the board will be eligible for reappointment in any one year. A member may be appointed to succeed himself/herself in office.

E. Removal from office. A member can be removed from the Building and Fire Codes Commission by the mayor and council for malfeasance or neglect or, when so requested by the commission, for unexcused absences from three or more consecutive meetings.

F. Officers. The commission shall elect a chairperson and vice-chairperson who shall serve a term of one year. Officers may serve consecutive terms when elected by the commission.

G. Ex officio members. The building official and the fire code official shall be ex officio and non-voting members of the commission, with the building official acting as secretary to the commission.

H. Meetings. The commission shall meet at least once a year to elect officers. The chair, the building official or the fire code official may call additional meetings as required to conduct the commission’s business.

I. Meeting notice. All meetings shall be public with the time, place, and agenda published at least seven days prior to the meeting.

J. Conduct of meeting. The commission shall use Robert’s Rules of Order in the conduct of its business. (Ord. M-4079 §5, 2014; Ord. M-3958 §5, 2010; Ord. M-3660 §4, 2004)