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Section B101 of the International Building Code is hereby amended as follows:

B101.1 Duties and Responsibilities. The Board of Code Review shall have the following function, duties, and responsibilities:

1. To review, evaluate and make recommendations to the Governing Body of the City of Olathe on the adoption or amendment of building, residential, plumbing, mechanical, fuel gas, electrical, energy conservation, property maintenance, fire and other adopted codes as outlined in Municipal Code Titles 15 and 16.

2. To receive, hear, and decide appeals of decisions made by the Code Official.

3. To advise the Governing Body of the City of Olathe on other such matters as may be requested by the Governing Body.

B101.2 Membership of Board. The members of the Board of Code Review shall be appointed by the Mayor with the consent and approval of the remainder of the Governing Body as follows:

1. Two for 4 years; three for 3 years; two for 2 years.

2. Thereafter, each new member shall serve for 4 years or until a successor has been appointed.

3. The expiration date of the terms for members shall be September 1st of the appropriate year for each member. Vacancies, occurring before the expiration of a term shall be filled in the manner of the original appointment for the remainder of the unexpired term.

B101.2.1 Ex-officio members. The Chief Building Official, Fire Marshal, Chief Planning and Development Officer, and City Engineer shall serve as ex-officio, nonvoting members. Ex-officio members shall serve as long as they remain employees of the city in the appropriate position.

B101.2.2 Qualifications. The Board shall consist of seven (7) members. One member shall be a master electrician; one member shall be a master plumber; one member shall be a master mechanical installer; one member shall be a professional licensed engineer and/or architect; one member shall be a builder and/or contractor, and two members shall be persons who by training and experience are qualified to pass on matters pertaining to building construction.

B101.2.3 Rules and procedures. The Board may make and establish such reasonable by-laws, rules and regulations, as may be necessary for their own governance for the full and complete execution of their duties and responsibilities; provided such rules and regulations do not conflict with procedures established by other chapters of this code or other codes adopted by reference by city ordinance. The board may form itself into sub-committees composed of no less than three members for the purpose of reviewing and rendering decisions pursuant to the duties and responsibilities described in B101.1.

B101.2.4 Chairperson. The members of the Board shall, by majority vote, elect from among the appointed members a chairperson or vice-chairperson.

B101.2.5 Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional, or financial interest. The mayor, with the consent of the remainder of the Governing Body, may remove any member appointed by the mayor for a good and sufficient cause.

B101.2.6 Secretary. The ex-officio member whose responsibility includes enforcement of the code being questioned shall act as secretary to record the proceedings of the meeting and decisions rendered.

B101.2.7 Compensation. The members of the Board of Code Review shall serve without compensation.

B101.3 Application. Applications for appeal shall be obtained from the building official. Applications shall be filed within 20 days after notice has been served.

B101.3.1 Filing Fee. Filing fees for all appeals to the Board of Code Review shall be established by resolution of the Governing Body.

B101.4 Notice of Meeting. The board shall meet upon notice from the chairperson, within 10 days of the filing of an appeal or at stated periodic meetings.

B101.4.1 Form of Notice of Hearing. The notice to appellant shall be substantially in the following form, but may include other information.

You are hereby notified that a hearing will be held before the Board of Code Review at ______________, on the day of ___________ , 20____; at the hour of _______________, upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you.

B101.5 Procedures. The Board shall conduct all hearing and shall utilize the general procedures described herein. The procedures shall not require compliance with strict rules of evidence and witnesses but shall mandate that only relevant information be received. General or special meetings may be held at such time as the chairperson may direct. A majority of the members of the board shall constitute a quorum for the transaction of business.

B101.5.1 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant’s representative, the building official and any person whose interests are affected shall be given an opportunity to be heard.

B101.5.2 Record. A record of the entire proceedings shall be made by audio recording, or by any other means of permanent recording determined to be appropriate by the Board.

B101.5.3 Continuances. The Board may grant continuances for good cause shown. When five members are not present to hear an appeal, either the applicant of the appellant’s representative shall have the right to request a postponement of the hearing.

B101.5.4 Oaths. In any proceedings under this chapter, the Board, or any Board member, has the power to administer oaths and affirmations to certify to official acts.

B101.5.5 Reasonable Dispatch. The Board and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives.

B101.5.6 Evidence.

1. Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.

2. Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.

3. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.

B101.5.7 Rights of Parties. Each party shall have these rights, among others;

1. To call and examine witnesses on any matter relevant to the issues of the hearing;

2. To introduce documentary and physical evidence;

3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

4. To impeach any witness regardless of which party first called him/her to testify;

5. To rebut the evidence against him/her;

6. To represent himself/herself or to be represented by anyone of his/her choice who is lawfully permitted to do so.

B101.5.8 Official Notice.

B101.5.8.1 What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the Board or departments and ordinances of the City or rules and regulations of the Board.

B101.5.8.2 Parties to be notified. Parties at the hearing shall be informed of the matters to be noticed, and these matters shall be noted on the record, referred to therein, or appended thereto.

B101.5.8.3 Opportunity to refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the Board.

B101.5.8.4 Inspection of the premises. The Board may inspect any building or premises involved in the appeal during the course of the hearing, provided that

1. Notice of inspection shall be given to the parties before the inspection is made,

2. The parties are given an opportunity to be present during the inspection, and

3. The Board shall state for the record upon completion of the inspection the material facts observed, and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the Board or hearing examiner.

B101.6 Method and Form of Decision. The board shall modify or reverse the decision of the building official by a concurring vote of two-thirds of its members.

B101.6.1 Hearing Before the Board. When a contested case is heard before the Board, no member thereof who did not hear the evidence or has not read the entire record of the proceedings shall vote on or take part in the decision.

B101.6.2 Form of Decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. A copy of the decision shall be delivered to the appellant and to the building official personally or sent to them by certified mail, postage prepaid, return receipt requested.

B101.6.3 Effective Date of Decision. The effective date of the decision shall be as stated therein.

B101.6.4 – Administration. The building official shall take immediate action in accordance with the decision of the board.

(Ord. 22-10 § 1, 2022; Ord. 19-27 § 42, 2019.)