The Technical Code Advisory Board of Appeals hears and decides appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of Chapter 8 of the Tempe City Code, Buildings and Building Regulations, and the technical codes. (City Code, Chapter 8, Article I, Section 8-110)
The Technical Code Advisory Board of Appeals:
- grants a variance to the technical provisions of the technical codes when it can be established that a manifest injustice would be done;
- approves the use of alternate materials or methods of construction, provided the alternate materials or method is, for the purpose intended, at least the equivalent of that prescribed by the building code in suitability, strength, effectiveness, fire resistance, durability, safety, and sanitation;
- adopts such rules and regulations necessary for the discharge of its duties, provided said rules are not in conflict with the charter or the Tempe City Code; and,
- calls upon the City Attorney’s Office for legal counsel and upon any other office or board to aid and assist the Board in its deliberations.
The Technical Code Advisory Board of Appeals consists of nine members, appointed for terms of three years, who are qualified by experience and training to pass upon matters pertaining to the technical, non-administrative provisions of the technical codes. A member whose term expires may serve until a successor has been appointed*. Membership includes the following:
- an architect, registered in the state;
- a structural engineer, registered in the state, an International Code Council (ICC) certified commercial building inspector, or an ICC certified building plans examiner;
- a building contractor or home builder;
- an electrical engineer, registered in the state, an ICC certified commercial electrical inspector, or an ICC certified electrical plans inspector;
- an electrical contractor or an electrician;
- a mechanical engineer, an ICC certified commercial mechanical inspector, an ICC certified mechanical plans examiner, an ICC certified commercial plumbing inspector, or an ICC certified plumbing plans examiner;
- a plumber or plumbing contractor;
- a mechanical contractor; and,
- a representative of the Fire Department or a fire protection consultant.
The Community Development Director or a designated employee of the Community Development Department shall be an ex officio and non-voting member and shall act as secretary to the board. *Per City Code, Chapter 8, Article I, Section 8-110, Subsection 110.4. Appointment, terms and vacancies
The Technical Code Advisory Board of Appeals meets every three months when there is pending business. Special meetings may be called by the Building Official or at the request of the Board Chair or any five Board members.