Legislation Details

File #: 24-0126    Version: 1
Type: *Gen. Bus. - Staff Report Status: Passed
In control: City Council Regular Meeting
On agenda: 6/18/2024 Final action: 6/18/2024
Title: Consideration of Options Related to the City's Utilization of the Board of Building Appeals (Community Development Director Mirzakhanian). (Estimated Time: 15 Mins.) DISCUSS AND PROVIDE DIRECTION
Attachments: 1. Applicable Building and Fire Code Sections, 2. Power Point Presentation
TO:
Honorable Mayor and Members of the City Council

THROUGH:
Bruce Moe, City Manager

FROM:
Talyn Mirzakhanian, Community Development Director
Ryan Heise, Building Official
Kevin Bass, Fire Marshal

SUBJECT:Title
Consideration of Options Related to the City's Utilization of the Board of Building Appeals (Community Development Director Mirzakhanian).
(Estimated Time: 15 Mins.)
DISCUSS AND PROVIDE DIRECTION
Body
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RECOMMENDATION:
Staff recommends that the City Council discuss the item and provide direction.

FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.

BACKGROUND:
At the May 2, 2023, City Council meeting, during the Future Agenda Items portion of the agenda, City Council directed staff to consider a broader role for the City's Board of Building Appeals and to return with a report to City Council. Subsequent to receiving the direction, staff conducted research to understand how other municipalities may utilize the Board of Building Appeals, above and beyond what is required by the California Building and Fire Codes.

DISCUSSION:
Pursuant to Section [A] 113.1 of the Manhattan Beach Building Code (MBBC), the language for which is taken directly from the California Building Code (CBC) with no local amendments, the Board of Appeals is created in order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of the Building Code. As specified in the MBBC, the limitation on the Board's authority is to interpret the MBBC; they have no authority to waive a code requirement.

Similarly, and pursuant to Section [A] 111.1 of the Manhattan Beach Fire Code (MBFC), the language for which is taken directly from the California Fire Code (CFC) with no local amendments, the Board of Appeals is created in order to hear and decide appeals of orders, decisions or determinations made by...

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