Agenda Item Wording:
title
Reinstate Building Advisory Committee - Authorization for reinstatement of the Building Advisory Committee as a five-person committee, therein re-incorporating a “Board of Appeals” derived from the BAC, and appointing three members to their identified terms.
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Agenda Date: 08/17/2026
Prepared by:
Jason Huckleberry, Director of Engineering & Building Dept, (559) 713-4495, jason.huckleberry@visalia.gov
Department Recommendation:
Staff recommends that City Council reinstate the Building Advisory Committee (BAC) as a five-member committee and appoint three members to their identified terms.
Summary:
In recent years, the BAC has not had pressing items and/or specific requests from the community and has largely been dormant. Staff is proposing to reestablish the BAC, and the associated “Board of Appeals” derived from the BAC members, with a five-member board. Four of these members are typically industry professionals made up of licensed architects, engineers and contractors familiar with State and Federal codes for construction. One committee member is reserved for a representative of the Building Industry Association of Tulare and Kings County (BIATKC).
The board has historically been comprised of seven members but given the active professional nature of the committee members and quarterly meeting requirements, staff has felt that reestablishing as a five-member committee will assist in ensuring the BAC meetings are attended regularly and well represented by local industry professionals with lively discussions and specific focus on matters that concern the BAC. All BAC members would qualify for the three-member (with one alternate) Board of Appeals (BOA), of which staff is also recommending be re-incorporated with this action.
Based upon outreach by staff and advertisements for various vacant committee seats, two members of the public have submitted applications for seats on the committee. Both were previously active members of the BAC and are recommended for approval to begin the three-year terms. One additional seat, unbound by term limits, is reserved for the BIATKC representative. With Council’s approval of the reinstatement of the five-member committee, as well as the members identified in this report, the BAC will begin holding quarterly meetings in the third quarter of this year.
Committee Applicants
Two applications are attached to this report and are being requested for appointment to three-year terms. This action requests appointing these two applicants as well as one additional member as appointed by the BIATKC.
BJ Perch is a licensed contractor, owner of a local commercial construction company, and was an active member of the BAC for many years. He brings a wealth of experience and knowledge to the committee and highly recommended by staff.
Martin Hale is a local licensed architect, highly experienced in current CA building codes, residential and commercial plan creation and permit processing, and has served several BAC terms in previous years. Mr. Hale is knowledgeable, active in the industry and benefits the committee.
The third member is a representative to be selected by the Building Industry Association of Tulare and Kings County (BIATKC). The BIATKC committee member is consistent with previous committee memberships and helps ensure the building community is well represented on the BAC, capable of contributing to important discussions and relaying information to the building community. Staff will work with the BIATKC to identify their selected representative.
Board of Appeals
Duties of the Board of Appeals (BOA) are as prescribed in the California Building Code and includes hearing and deciding appeals of order, decisions or determinations made by the building official relative to the application and interpretation of code. Term lengths are recommended to be similar to those prescribed in the California Building Code. After Council approves the reinstatement of the BAC, the BAC and staff will appoint three members of the BAC to the Board of Appeals and one additional member to serve as an alternate.
Background Discussion:
The City continues to see a steady increase in building/development activity ranging from residential to large industrial projects. The establishment of the BAC and the “Board of Appeals” is intended to enable the City’s Building Division to provide the important services outlined below:
• Provide regular interaction and outreach with the building community and other
interested parties.
• Provide an avenue for collaboration and public/private sector education regarding
Building Code issues/changes and interpretations
• Provide a forum to discuss new industry technologies and suggestions to streamline the permitting/plan review processes
• Include a Board of Appeals as prescribed in the California Building Code. Four
members (three regular members and one alternate) of the BAC would serve on the City’s Board of Appeals. The BAC would select from among their members who will serve on the Board of Appeals.
Committee Structure
The BAC shall appoint a chairperson and the four Board of Appeals members from the BAC membership at their first meeting (3 regular members plus one alternate member will be appointed to the BOA). A different chairperson will be chosen each year from the members of the BAC. No committee member will serve as the chairperson two years in a row. The Building Official or his/her designee shall be an ex officio member of the BAC and Board of Appeals but shall have no vote on any matter before the board. As openings occur on the BAC, the sitting members of the committee will review applications that have been submitted to the City Clerk’s office for compliance with the California Building Code. The committee will review the applications and make recommendations for committee membership to the City Council.
The Board of Appeals
The purpose of the Board of Appeals is to provide a process by which the orders, decisions or determinations made by the City’s Building Official can be appealed. The Board would hear appeals relative to the application and interpretation of the Building Code. The Board shall have no authority to waive requirements of the Building Code, as stipulated in State law. An application for such an appeal shall be based one of the following claims:
• The true intent of the Building Code has been incorrectly interpreted
• The provisions of the Building Code do not fully apply
• An equally good or better form of construction is proposed
The Board of Appeal’s processes, authority, member’s required qualifications, etc. are specified in the California Residential Code and Appendix “B” of the California Building Code (as previously adopted by the City Council). The BAC would meet at least quarterly and the Board of Appeals would meet as necessary to review any appeals as described below. The meeting location will be at 315 E. Acequia at a time established by the BAC members.
The California Building Code recommends (but does not require) that the Board of Appeals have a total of seven members (five regular and two alternates). Staff is recommending that the Board of Appeals, as previously approved, have a total of four members (three regular and one alternate) and that the term vary slightly from that specified in the CBC because it may be difficult to find seven Visalia applicants meeting the qualifications prescribed by the Building Code that would be willing to serve on the Board, and still allow for rotating terms.
Except for the term limits, required qualifications, and the recommendation process (as outlined above), the BAC will follow the guidelines within the City of Visalia’s Committees & Commissions Handbook. The Committee will be added to the official City of Visalia Local Appointment List in compliance with the requirements of the Maddy Act, Government Code 54970. A mission statement will be drafted by the BAC.
Fiscal Impact including annual maintenance and operating costs: Minimal staff time will be observed in facilitating the BAC.
Prior Council Action:
March 4, 2019 - Council approved the Building Advisory Committee as a seven-member board and the reappointment of six BAC members.
Alternatives:
Suggest an alternate committee body made up of additional members, previously approved as a seven-member committee or direct staff to develop a different Board of Appeals process.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to reinstate the Building Advisory Committee as a five-member committee, incorporating the Board of Appeals, and reappoint the three Building Advisory Committee members to the terms identified within this report.
Environmental Assessment Status: Not applicable
CEQA Review: Not applicable
Deadline for Action: 08/17/2026
Attachments: 1. Member applications
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply.
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