1. Board of Supervisors April 9, 2013 1 Discussion and Direction Advisory Board/Board of Appeals Board of Supervisors Work Session–April 9, 2013

2. What are the differences? Advisory Board - ARS 11-862 ARS 11-861 is the legislative authority for Counties to adopt codes. 11-862 provides authority to create this Board. Board of Appeals – IBC Section 112 Section 112 is the ‘check and balance’ written into the adopted Building Code for Cochise County. 2

3. What are the differences? Advisory Board - ARS 11-862 Set up to review ‘any adopted code.’ Intent is to “…determine the suitability of alternative materials and construction and to permit interpretations of the provisions of such code.” Board of Appeals – International Building Code Section 112 Set up to “…hear and decide appeals of orders, decisions or determinations made by the Building Official…” 3

4. What makes them similar? 4 Both refer to adopted code: Advisory Board - ARS 11-862 “…to permit interpretations of the provisions of such code.” Board of Appeals – International Building Code Section 112 Set up to “…hear and decide appeals of orders, decisions or determinations made by the Building Official relative to this code…”

5. What makes them similar? 5 Both discuss ‘Suitability of Alternate Methods of Construction’: Advisory Board - ARS 11-862 “…in order to determine the suitability of alternative materials and construction…” Board of Appeals – International Building Code Section 112 “An application for appeal shall be based on a claim that…an equally good or better form of construction is proposed …”

6. What makes them similar? 6 Both contain similar qualifications for commissioning the Boards: Advisory Board - ARS 11-862 “…available within the county and are residents of such county: 1. An architect duly licensed in the state of Arizona. 2. A professional engineer duly licensed in the state of Arizona. 3. A general contractor duly licensed in the state of Arizona. 4. A person representing the public and a resident of the county. 5. A person engaged in the electrical, mechanical or plumbing trade.” Board of Appeals – International Building Code Section 112 “…qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.”

7. Arizona Counties The following nine Arizona Counties have formed a joint Advisory Board/Board of Appeals: Maricopa, Coconino, Yavapai, Pinal, La Paz, Pima, Gila, Mohave, and Yuma. Apache has an appeals board that has never been utilized. Graham County designated the Board of Adjustment as their appeals board. Santa Cruz has not commissioned the Boards. Pinal stated that their Board has met once in 15-years. 7

8. Discussion Staff suggests: Consider forming one combined Building Code Appeals and Advisory Board to:  Hear and decide appeals of orders, decisions or determinations made by the County Building Official.  Hear and determine the suitability of alternative materials and construction methods, if denied by the Building Official.  Act as an Advisory Board to the Planning Division of Community Development, Building Official, and the Board of Supervisors on any proposed revisions or additions to Adopted County Codes. Create a mechanism for any Appeal to Board of Supervisors. 8