Title 22 BUILDINGS AND CONSTRUCTION
Chapter 22.02 BUILDING ADMINISTRATIVE CODE OF CLARK COUNTY
22.02.155 Combined board of building appeals.
(A) Purpose. The combined board of building appeals is created to
hear and decide appeals of determinations made by the building official relative
to the application and interpretation of the technical codes.
(B) The
combined board of building appeals is authorized to hear appeals relating
to:
(1) The building code of Clark County;
(2) The residential code of
Clark County;
(3) The electrical code of Clark County;
(4) The
mechanical code of Clark County;
(5) The plumbing code of Clark
County;
(6) The uniform housing code of Clark County;
(7) The swimming
pool, spa, and water feature code of Clark County;
(8) The solar code of
Clark County;
(9) The energy conservation code of Clark
County;
(10) The amusement and transportation systems code of Clark County;
and
(11) The sign code of Clark County.
Appeals relating to the
abatement of dangerous buildings Code of Clark County are subject to Chapter
11.06 of the Clark County Code.
The combined board of building appeals is
authorized to review proposed alternate materials and methods of construction
when the matter is referred to the board by the building official pursuant to
Section 22.02.075 of this chapter.
(C) Members. The members shall be
qualified by training and experience to decide matters pertaining to building
construction and building service equipment. The members shall not be employees
of Clark County. The members of the board shall consist of the
following:
(1) One architect registered by the state of
Nevada;
(2) One general contractor licensed by the state of
Nevada;
(3) One professional civil or structural engineer licensed by the
state of Nevada;
(4) One representative of the residential construction
industry;
(5) One master electrician or qualified individual in an
electrical category as defined in the electrical code of Clark
County;
(6) One professional mechanical engineer licensed by the state of
Nevada;
(7) One layperson; and
(8) One representative of the amusement
and transportation systems industry.
The members of the combined board of
building appeals shall be appointed for terms of four years by the board of
county commissioners and may be removed from office at any time by the board of
county commissioners.
(D) Procedures. The combined board of building appeals
shall adopt rules and procedures for conducting its investigations and hearings.
A person (the appellant) who wishes to appeal a determination of the building
official to the board shall submit a written request for appeal to the building
official. The building official shall provide to the appellant a copy of the
guidelines for preparing appeals and a copy of the board’s rules and
procedures. The appellant will be responsible to prepare a written appeal in
compliance with the guidelines.
The building official will schedule a
hearing before the board. The building division may submit information and
evidence in support of the building official’s determination.
The
board shall issue a written decision based on the evidence presented at the
hearing. The decision shall be signed by the chairman of the board, and shall be
filed with the building official. A copy of the decision will be delivered to
the appellant by U.S. certified mail.
(E) Limitation and Scope of Authority.
The combined board of building appeals shall have no authority relative to
interpretation of the administrative provisions of this chapter or the
administrative provisions of the technical codes nor shall the board be
empowered to waive requirements of either this chapter or the technical
codes.
(F) Liability. Neither the combined board of building appeals nor any
member thereof shall be liable for, and the board and each member thereof is
hereby relieved from, all personal liability for any damage that may accrue to
persons or property as a result of any good faith act or by reason of any good
faith act or omission in the discharge of any duty specified herein. Any suit
brought against the board or any member thereof resulting from such act or
omission performed by them as members of the board in the performance of their
duties shall be considered an act of Clark County and shall be subject to its
liability insurance coverage.
(G) Tests and Research. Appellants shall cause
to be made at their own expense any tests or research necessary to support their
claims before the combined board of building appeals. (Ord. 3618 § 2
(part), 2008)
22.02.155
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