Chapter 14 at Sections 14-36 through 14-41 of the Code of Ordinances establishes the Building Board of Adjustment and Appeals. The board consists of seven members. Each member of the board shall be a resident of the city with knowledge of construction practices. The board shall be appointed by the city council to two-year terms.
The board meets on an as needed bases in accordance with the Texas Open Meetings Act. Four members of the board constitutes a quorum.
The building board of adjustment and appeals shall be responsible for making recommendations to the city council on any code changes and shall be responsible for the study of any code changes brought before them dealing with the building code, the electrical code, the plumbing and gas codes, the mechanical code or the fire code. If there is need for an in-depth study of one particular code, the board may appoint subcommittees to study and make their recommendations for any changes.
Any person aggrieved by any interpretation of the building code, the electrical code, the plumbing and gas codes, the mechanical code or the fire code, or by any decision or ruling by the building official or fire marshal under any of these codes, or when it is claimed that the provisions of the code in question do not apply or that any equally good or more desirable form or method or material can be employed in any specific case, or when it is claimed that the true intent and meaning of a code or any of the regulations thereunder have been misconducted or wrongly interpreted, such person may appeal to the building board of adjustment and appeals. Notice of appeal shall be in writing and filed within ten days after the decision is rendered by the building official or fire marshal.
The building board of adjustment and appeals, when so appealed to and after a hearing, may vary the application of any provision of the building code, the electrical code, the plumbing and gas codes, the mechanical code or the fire code in any particular case, when, in its opinion, the enforcement of such provision would do manifest injustice, and would be contrary to the spirit and purpose of the code or the public interest, or when, in its opinion, the interpretation of the building official or fire marshal should be modified or reversed. All variations and modifications shall meet the minimum code requirements.
A decision of the building board of adjustment and appeals to vary the application of any provision of any code within its authority or to modify an order of the building official or fire marshal shall specify in what manner such variation or modification is made, the conditions upon which it is made, and the reasons therefor.
The decision of the building board of adjustment and appeals shall be final. If a decision of the building board of adjustment and appeals reverses or modifies a refusal order or disallowance of the building official or fire marshal or varies the application of any provision of the codes affected by this article, the building official or fire marshal shall immediately take action in accordance with such decision.