Chapter 2.71 ACCESSIBILITY APPEALS BOARD

2.71.010 Definitions.

2.71.020 Board established--Qualifications for members.

2.71.030 Term and tenure of members.

2.71.040 Chairman, vice-chairman and other officers.

2.71.050 Meetings--Quorum.

2.71.060 Compensation.

2.71.070 Legislative functions--Rules and regulations.

2.71.080 Review functions.

2.71.090 Record of decisions and findings.

2.71.100 Appeal from decisions of building official--Time limit.

2.71.110 Appeal from decisions of building official--Hearing.

2.71.120 Appeal from decisions of building official--Decision.

2.71.010 Definitions.

As used in this chapter:
A. “Building official” means the director of public works.
B. “County-funded buildings” means all buildings, structures and/or facilities which are constructed, in whole or in part, with funds which are under the control of the board of supervisors of the county of Los Angeles and/or any other entity for which the board of supervisors is the governing body.
C. “Physically disabled” shall have the same meaning as “physically handicapped” as defined in Title 24 of the California Code of Regulations, and/or any other applicable statute or regulation, as the context may require, with respect to which the appeals board has jurisdiction. (Ord. 91-0137 § 1 (part), 1991.)

2.71.020 Board established--Qualifications for members.

A board designated as the accessibility appeals board is established, and will be referred to hereinafter in this chapter as the “board.” The board shall consist of five regular members and one nonvoting ex-officio member. The five regular members shall be appointed by the board of supervisors. Two members shall be physically disabled persons, two members shall be persons experienced in construction, and one member shall be a public member. The ex-officio member shall be the building official or his duly authorized representative. (Ord. 91-0137 § 1 (part), 1991.)

2.71.030 Term and tenure of members.

All regular members of the board shall be appointed by the board of supervisors for a term of three years and shall serve subject to the provisions of Section 5.12.050 of the Los Angeles County code and subject to the right of the board of supervisors to remove any such member at any time at its pleasure.(Ord. 91-0137 § 1 (part), 1991.)

2.71.040 Chairman, vice-chairman and other officers.

At its first meeting and annually thereafter, the board shall choose from among its members a chairman, vice-chairman, and such other officers as it sees fit, to serve for one year. The building official or his representative shall act as secretary to the board. (Ord. 91-0137 § 1 (part), 1991.)

2.71.050 Meetings--Quorum.

The board shall hold at least one regular meeting each month, except that no regular meeting shall be held if the secretary of the board determines that there is no business to be transacted and so notifies the members. Any combination of regular members numbering three constitutes a quorum. Any board action shall require the approval of three or more members. (Ord. 91-0137 § 1 (part), 1991.)

2.71.060 Compensation.

The members of the board shall receive the compensation provided from time to time in the current salary ordinance. In the absence of any provision therefor in the current salary ordinance, the members of the board shall serve without compensation, except that when required to travel in the performance of their duties, they shall be reimbursed for their necessary travel expenses, including transportation, meals and lodging, in accordance with applicable provisions of Chapter 5.40 of this code. (Ord. 91-0137 § 1 (part), 1991.)

2.71.070 Legislative functions--Rules and regulations.

The board shall recommend rules and regulations governing its own procedures for adoption by the board of supervisors. Copies of these rules and regulations shall be made available to the public. The board may also, from time to time, recommend to the board of supervisors for adoption such amendments to this chapter as are considered necessary. (Ord. 91-0137 § 1 (part), 1991.)

2.71.080 Review functions.

The board shall also have the following powers:
A. To hear and determine written appeals brought by any person regarding actions taken by the building official in the enforcement of the requirements of Section 19955 et seq., of the California Health and Safety Code, the provisions of state law dealing with access to public accommodations by physically disabled persons, including the requirements of the building standards published in the State Building Standards Code relating to access for the physically disabled or other regulations adopted pursuant to Section 4450 or 4451 of the California Government Code;
B. To hear and determine written appeals brought by any person from a decision of the building official granting or denying applications pursuant to Health and Safety Code Section 19957 for exceptions from the literal requirements of the building standards and specifications relating to access for the physically disabled;
C. Except as set forth in subsection 5 below, to hear and determine written appeals brought by any person regarding actions taken by the building official in the enforcement of Title 24, California Code of Regulations, Section 101A, et seq., and/or of any other applicable federal, state or municipal statute, regulation or ordinance regarding disabled access;
D. To respond to the building official’s request for advice on any matter within his jurisdiction relating to access by the physically disabled;
E. In matters relating to the construction or alteration of county-funded buildings as governed by Section 4450 et seq. of the California Government Code and/or any other applicable statute, regulation or ordinance regarding disabled access to such buildings: to review and make recommendations regarding the granting of exceptions from the literal requirements of such statute, regulation or ordinance, including the building standards published in the State Building Standards Code relating to access for the physically disabled or other regulations adopted pursuant to Sections 4450 and 4451 of the California Government Code, or to permit the use of other methods or materials, but only when it is clearly evident that equivalent facilitation and protection are thereby secured. The board shall make written recommendation to the board of supervisors. The board of supervisors may adopt or modify the recommendation in whole or in part, or may reject it entirely and independently decide the matter with or without the setting of a public hearing;
F. To respond to a request by the board of supervisors for advice on any matter relating to accessibility by disabled persons. (Ord. 91-0137 § 1 (part), 1991.)

2.71.090 Record of decisions and findings.

The board shall keep a record of its decisions and findings. (Ord. 91-0137 § 1 (part), 1991.)

2.71.100 Appeal from decisions of building official--Time limit.

If any person is dissatisfied with a decision made or action taken by the building official as specified in subsections A, B or C of Section 2.71.080, within 30 days after such decision or action, such person may file a written notice of appeal with the secretary of the board in which he or she shall state the reasons for the appeal and the address to which all future notices to him or her should be mailed. (Ord. 91-0137 § 1 (part), 1991.)

2.71.110 Appeal from decisions of building official--Hearing.

Upon receiving a timely notice of appeal from the decision or action of the building official, the secretary of the board shall set the matter for hearing not more than 45 days after the filing of the notice of appeal. Not less than 10 days before the hearing, the secretary shall mail written notice of the hearing to the appellant by first class mail, postage postpaid, addressed as specified in the notice of appeal or the secretary may give such notice of the hearing in the manner required by law for the service of summons. At the hearing, the board shall hear the appellant and consider his or her testimony and any other evidence which in its opinion is material. (Ord. 91-0137 § 1 (part), 1991.)

2.71.120 Appeal from decisions of building official--Decision.

With respect to an appeal of those matters specified in Section 2.71.100, at the conclusion of the hearing, the board shall, based upon the evidence, affirm, reverse or modify the decision of the building official. Within 10 days after the decision of the board, the secretary thereof shall notify the appellant in writing of the decision. All such decisions of the board shall be final and conclusive. (Ord. 91-0137 § 1 (part), 1991.)