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3. Procedure at Hearings. A hearing on an appeal shall be conducted <br /> in the following manner: <br /> (a) The appeal shall be read aloud by the secretary. <br /> (b) The applicant or representative shall be heard. <br /> (c) The Building Official and any employees of the department <br /> desiring to speak on the matter shall be heard. <br /> (d) Anyone else desiring to speak in support of an appeal shall be <br /> heard. <br /> (e) Anyone else desiring to speak against an appeal shall be heard. <br /> <br />4. Action of Board. After conclusion of a hearing on an appeal, the <br /> Board shall then act on the matter or it shall take the matter under <br /> advisement and defer action until a date certain which date shall be as <br /> soon thereafter as practicable. <br /> 3. Action of board on appeal. <br /> <br />Form. Every final decision of the Board on an appeal shall be in writing, <br />shall contain findings of the Board, shall be signed by the chairperson, and <br />shall contain the roll call vote of the members of the Board. <br /> <br />Appeal Involving a Variance in New Construction. In the case of <br />an appeal from a decision of the Building Official to grant a variance in new <br />construction, no variance from the provisions of the Building Code shall be <br />approved by the Board unless it is determined by the Board that the proposed <br />variance is equal to or better than the mode of construction or the materials <br />required by the Building Code. <br /> <br />Other Appeals. In the case of any other appeal, the Board may affirm, or <br />it may reverse or modify the action of the Building Official. If the Board acts <br />to reverse or modify the interpretation or decision of the Building Official, it <br />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 the <br /> authority of the Building Official. <br /> <br />Notification of Action. Every final decision of the Board shall be filed <br />with the Building Official and at the time of filing, a duplicate copy shall be <br />mailed to the applicant. <br /> <br /> 4. Authority. <br /> <br />a. Authority for Adoption. These Rules of Procedure are authorized <br /> by the provision of §204 of the Building Code as amended by §8.01 of <br /> this code. <br /> <br />Subd. <br /> <br />a. <br /> <br />do <br /> <br />Subd. <br /> <br />11 <br /> <br /> <br />