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I <br /> <br />I <br /> <br />I <br /> I <br />I <br /> I <br />I <br /> I <br /> I <br />I <br /> ! <br /> I <br />I <br /> i <br /> I <br /> I <br /> <br />ii <br /> <br /> chairperson, and shall contain thc roll cai1 vote of thc members of thc <br /> Board. <br /> <br /> Appeal Involving a Variance in New Construction. In thc <br /> ease of an appeal from a decision of the Building Official to grant a <br /> variance in new construction, no variance from the provisions of the <br /> Building Code shall be approved by the Board unless it is determined <br /> by the Board that the proposed variance is equal to or better than the <br /> mode of consmaction or the materials ~qui~ by the Building Code. <br /> <br /> Other Appeals. In the ease of any other appeal, the Board may <br /> affmn, or it may reverse or modify the action of the Building Official. <br /> If the Board acts to reverse or modify the interpretation or decision of <br /> the Building Official, it shall do so only upon a determination that: <br /> <br /> 1. The interpretation or decision of the Building Official violates a <br /> provision of the Building Code or any other controlling law or <br /> ordinance; or <br /> <br /> 2. The interpretation or decision of the Building Official exceeds <br /> the authority of the Building Official. <br /> Notification o~ Acti~)n. Every final decision of the Board shall be <br /> filed with the Building Official and at the time of filing, a duplicate <br /> copy shall be mailed to the applicant <br /> <br />~division 4. Adoption and effective date. <br /> <br /> a. Authority for Adoption. These Rules of Procedure are <br /> authorized by the provision of §204 of the Building Code as <br /> amended by §8.01 of this code. <br /> <br /> b. Effective Date. This ordinance becomes effective upon its <br /> passage and 30 days after its publication according to law. <br /> <br /> <br />