REPORT TO COUNCIL
SUBJECT
Title
Council Subcommittee on Boards and Commissions Recommendation to Dissolve the Board of Building Code Appeals and Have City Council Serve as the Local Appeals Board as set Forth in the California Building Code Section 1.8.8.1
Report
BACKGROUND
The Board of Building Code Appeals (BBCA) has decision-making authority in all appeals related to building construction including interpretation of the building codes. The Board consists of five members of the public; the state codes require that they be experienced in building construction matters. It meets annually and on an as-needed basis. The BBCA has not met to consider an appeal in well over 20 years (although a couple of items were appealed and scheduled, the appeals were withdrawn prior to the BBCA meeting). Other meetings were held for more informational purposes such as meeting staff, selecting a chair/vice chair, selecting a representative for a study issue committee, etc. Due to the infrequency of meetings to consider appeals, the City Council may choose to transfer the responsibilities of the Board to the City Council.
On August 2, 2022, the Council Subcommittee on Boards and Commissions recommended the City Council disband the Board of Building Code Appeals pursuant to California State Law and have City Council take on the role of hearing
appeals of the Building Code. The Subcommittee also directed staff to consider having the Planning Commission hear Green Building Regulation appeals (see Attachment 3 for draft meeting minutes).
EXISTING POLICY
The State Building Code Section 1.8.8.1 (Attachment 1) and the City's Municipal Code require a body to consider appeals of a building official's determination on compliance with the building codes. Sunnyvale has had a Board of Building Code of Appeals since 1949 (see Resolution No. 992 - Attachment 2), following the adoption of the City Charter.
Council Policy 7.2.19 Boards and Commissions - Eligibility and Membership and Appointme...
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