Minutes 02/09/2021 - Laserfiche WebLink

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February 9, 2021  The HBAA hears appeals of decisions under Part III of the VUSBC, the Maintenance Code. Discussion:  The HBAA is unique to Portsmouth; no other locality in the region has such a Board.  The existence of the HBAA creates confusion because its jurisdiction (the Virginia Maintenance Code) overlaps with the jurisdiction of the BBCA (the VUSBC, which includes the Virginia Maintenance Code).  To eliminate this confusion and streamline the process for those who desire to appeal decisions of the Building Official or his Department, it is advisable to amend the City Code to dissolve the HBAA and delete the Code sections that created it.  In addition, the Virginia Statewide Fire Prevention Code also authorizes certain determinations of the Department of Fire, Rescue and Emergency Services related to buildings and fire safety to be heard by the local BBCA.  The proposed Ordinance presented for Council consideration will make the local BBCA the venue for appeals of determinations about the construction, maintenance, and fire safety of buildings, as contemplated by the VUSBC and the Virginia Statewide Fire Prevention Code. Financial impact:  N/A. Recommended Action:  Adoption of the ordinance. Next Steps Following Council Action:  The Code Amendment will be forwarded to municode for incorporation into the City Code. Motion by Dr. Whitaker, and seconded by Ms. Lucas-Burke, to adopt the following ordinance, and was adopted by the following vote: “ORDINANCE TO AMEND AND REORDAIN ARTICLE III OF CHAPTER 7 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (BUILDING CODE), INCLUDING BY ADDING A NEW DIVISION THREE (APPEALS), TO AMEND AND REORDAIN ARTICLE III OF CHAPTER 13 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (FIRE PREVENTION CODE) BY ADDING A NEW SECTION 13-90, AND TO AMEND AND REORDAIN ARTICLE II OF CHAPTER 17 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (BUILDING AND STRUCTURES MAINTENANCE CODE), INCLUDING BY DELETING DIVISION TWO (HOUSING BOARD OF ADJUSTMENTS AND APPEALS), ALL FOR THE PURPOSE OF SIMPLIFYING AND STREAMLINING THE PROCESS FOR APPEALING DETERMINATIONS OF THE DEPARTMENT OF PERMITS AND INSPECTIONS, THE BUILDING OFFICIAL, AND THE DEPARTMENT OF FIRE, RESCUE AND EMERGENCY SERVICES.” Ayes: Barnes, Battle, Lucas-Burke, Moody, Whitaker, Woodard, Glover Nays: None - New Business - 21 - 61 - Boards and Commissions There were no appointments. 21 - 62 - Items Submitted by Council Members  Adoption of a resolution rescinding the Local Revenue Allocation Policy governing the allocation of local revenue to Portsmouth Public Schools.