There is hereby established the Park City board of building examiners and appeals, which is composed of five (5) regular members and two (2) alternate members who are qualified by experience and training to pass upon matters pertaining to building construction. The Board of Building Examiners and Appeals shall hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the Building Code, Residential Code, Mechanical Code, Plumbing Code, Electrical Code, and Manufactured Housing Code of Park City, Kansas and relative to the suitability of alternate materials and types of construction.

The members of the Board of Building Examiners and Appeals shall be appointed by the Mayor with the consent of the City Council at the first regular meeting of the Council in April of each year and take office at the next regular meeting of the Board. Members shall be appointed for staggered terms of three years each. Members of the first seated Board shall be appointed in the following manner three members for one-year terms, two members for two-year terms and two members for three-year terms. In case of death, incapacity, resignation or disqualification of any member, the Mayor, with the consent of the City Council, shall make an appointment for the unexpired term of such member. Should any member have a conflict of interest in any matter coming before the Board, he or she shall be disqualified from participating in the discussion of or the vote on the matter. The Governing Body may adopt rules and regulations providing for removal of members of the Board. Members of the Board shall serve without compensation, but may be reimbursed for expenses actually incurred in the performance of their duties as deemed appropriate by the Governing Body.

The members of the Board of Building Examiners and Appeals shall meet at such time and place as may be fixed by the Board’s bylaws. The Board shall elect one member as chairperson and one member as vice-chairperson each of whom shall serve one year and until their successors have been elected. The building official shall act as secretary of the board, but the building official shall not have a vote upon any matter before the Board. Special meetings may be called at any time by the chairperson or in the chairperson’s absence by the vice-chairperson. The Board shall adopt bylaws for the transaction of business and hearing procedures. All actions by the Board shall be taken by a majority vote of the members of the Board present and voting. Whenever it is not possible to achieve a quorum from the five regular members of the Board, an alternate Board member may be seated who shall have full authority as a regular member. A proper record of all the proceedings of the Board shall be kept. The Board, from time to time, may establish subcommittees, advisory committees or technical committees to advise or assist in the activities of the Board. The building official shall be an ex-officio member of the board and provide technical information to the board.

Appeals from decisions of the building official shall be made in writing and shall be filed with the chairperson or secretary of the Board. No such appeal shall be considered by the Board unless filed in writing within ten (10) working days of the order, decision or determination appealed from. The Board shall have no authority relative to the interpretation of the administrative provisions of the adopted codes nor shall the Board be empowered to waive requirements of the adopted codes.

The Board shall adopt rules in the form of bylaws for its operation, which shall include hearing procedures. Such bylaws shall be subject to the approval of the Governing Body. Public records shall be kept of all official actions of the board. The Board shall keep minutes of its proceedings showing evidence presented, findings of fact, decisions and the vote upon each question or appeal. A majority of the members of the Board present and voting at the hearing shall be required to decide any appeal. Any order of the Board of Building Examiners and Appeals may be appealed to the Park City, City Council.

The Governing Body may approve a budget for the Board and make such allowances to the Board as it deems proper, including funds for the employment of such employees or consultants as the Governing Body may authorize and provide, and shall add the same to the general budget. Prior to the time that moneys are available under the budget, the Governing Body may appropriate moneys for such purposes from the general fund. The Governing Body may enter into such contract, as it deems necessary and may receive and expend funds and moneys from the state or federal government or from any other source for such purposes. Any applicant or appellant desiring to use alternate materials or types of construction shall guarantee payment of all expenses for any tests deemed necessary by the Board.