Chapter 20.810

ADMINISTRATION

Sections:

20.810.010 Enforcement, violations and penalties.
20.810.020 Stop work orders.
20.810.030 Notice of correction.
20.810.040 Building and fire board of appeals.
20.810.050 Nonliability of county.

      20.810.010 Enforcement, violations and penalties.
      The building official is established as the code enforcement agency for this part.  (Ord. 802, 1998)   

      20.810.020 Stop work orders.
      Whenever any work is being done contrary to the provision of this part, or other pertinent laws or ordinances implemented through the enforcement of this code, the building official may order the work stopped by notice in writing served on any persons engaged in or causing the work to be done, and any persons must stop work until authorized in writing by the department to proceed with the work.  (Ord. 802, 1998)   

      20.810.030 Notice of correction.
      If the building official determines that any improvements required by a building permit or site improvement permit have not been or are not being constructed in accordance with the requirements of the permit and the work does not pose a threat to the health, safety and welfare of the public, or threatens the overall integrity of the project, the building official may issue a written notice of correction.  The notice of correction must state the nature of the problem, the corrective action to be taken and the time frame in which the corrective action must be taken to resolve the problem.  (Ord. 802, 1998)   

      20.810.040 Building and fire board of appeals.
      Section 113 of the IBC or IRC is replaced by the following language:
      A. In order to hear and decide appeals of orders, decisions, or determinations made by the building official about the application and interpretation of the currently adopted building and uniform codes, there is created a building and fire board of appeals consisting of members who are qualified by experience and training to pass on matters pertaining to building construction and fire-safety, who are not employees of the jurisdiction.  The board shall not waive the requirements of this code.  The building official is an ex officio member of the board and will act as its secretary, but has no vote on any matter before the board.  The building and fire board of appeals appointed by the board will convene when an appeal has been filed.  The board may adopt rules of procedure for conducting its business, and must render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
      B. The building and fire board of appeals has no authority to interpret the administrative provisions of this code except for decisions of the building official about modifications, alternative materials, alternate designs, methods of construction and uncovering work for inspections. 
      C. The board of commissioners must appoint five members to the building board of appeals, one of whom must be an architect or engineer licensed by the State of Nevada, one of whom must be a general contractor licensed by the State of Nevada, one of whom must be a person with experience as a fire protection professional, one of whom must represent the insurance industry, and one of whom should represent the public at large. 
            1.The terms for all board members are for a period of two years.  If a position becomes vacant for any reason, the vacancy must be filled for the duration of the unexpired term of the member by a majority vote of the board.
      D. Any individual may appeal an order decision or determination made by the building official, except as limited by 20.810.030.B, to the building and fire board of appeals by filing a written notification of appeal with the secretary to the board of appeals within 10 working days of the decision.  The board of appeals must hold a hearing within 20 days from the receipt of the written notice of appeal unless an extension of the time limit is agreed to by the appellant.  If written notification has not been made by the applicant within the time frame, the action of the building official is final.
      E. All hearings on appeal pursuant to this section are open to the public.  All written materials introduced must be identified for the record, and the board may request the production of records and the appearance of persons necessary for their deliberations.  The technical rules of evidence do not apply.  Any evidence presented to the board of appeals must be relevant to the issue before the board.
      F. At the conclusion of the hearing the building and fire board of appeals must rule within 20 days from the date of the hearing and state its findings and recommendations with respect to the appeal.  (Ord. 1131, 2005; Ord. 802, 1998; Ord. 711, 1995; Ord. 641, 1994; Ord. 450, 1986; Ord. 437, 1985)   

      20.810.050 Nonliability of county.
      This chapter must not be construed to relieve from responsibility any party owning, operating, controlling or installing any improvement for damages to persons or property caused by any defect therein, nor shall the county be liable for any such damages by reason of the inspection authorized herein or the issuance of a certificate of occupancy.   (Ord. 802, 1998)