§ 103-3. Board of Appeals.

There shall be a Construction Board of Appeals, which shall consist of five members. Board members shall be appointed for terms of four years, or as specified by the Department of Community Affairs (DCA).

A. 

Appointments; terms; removal. The Mayor and the Borough Council shall appoint the Board members and any alternate members so desired. For the members first appointed, the Borough Council shall designate the appointees' terms so that one shall be appointed for a term of one year, one for a term of two years, one for a term of three years and two for terms of four years. At the expiration of such terms and thereafter, appointments shall be made for terms of four years. Vacancies shall be filled for the unexpired term (N.J.A.C. 5:23A-1.3). Members may be removed by the authority appointing them for cause.

B. 

Selections; qualifications of members. No more than two members of the Board shall be selected from the same profession or business. At least one of the members shall be either a registered architect or licensed professional engineer with building construction experience, or other person as qualified as a building subcode official (N.J.A.C. 5:23A-1.3). At least one member of the Board shall be as qualified as a plumbing subcode official and one as qualified as an electrical subcode official. At least one regular member shall be as qualified as a fire protection subcode official; and at least one regular member shall be certified as a fire official (N.J.A.C. 5:23A-1.3).

C. 

Agency employees; municipal and county employees. No employee of any Local Enforcing Agency may serve on the Board of Appeals exercising appeals jurisdiction over such Enforcing Agency. Other municipal and county employees may serve on such Board, provided that they be disqualified from consideration of matters affecting municipal- or county-owned or leased structures.

D. 

Experience; training. Each member shall be qualified by experience or training to perform his duties as a member of the Board, which shall be no less than that which is required of a construction or subcode official.

E. 

Chairperson. The governing body shall designate one of the members to serve as Chairperson.

F. 

Alternate members. At least five alternate members of the Board of Appeals shall be appointed in the same manner as the regular Board, with staggered terms and different areas of expertise as set forth in Subsections A and B above. When a regular member of the Board is absent, the alternate in the same qualification category shall serve in the regular member's place, unless that alternate is unavailable. If the alternate is unavailable, the Chairperson of the Board shall determine which alternate member shall vote in the place of the absent member. Alternate members shall have the right to participate in all Board deliberations but shall not vote unless serving in the place of a regular member. [See N.J.A.C. 5:23-1.3(d).]

G. 

Conflict of interests. A member of the Board shall not pass on any question in which he is engaged as contractor or material dealer or in which he has been involved in the preparation of plans or specifications or in which he has any personal or professional interest.

H. 

Compensation. The members and alternates of the Board shall serve without compensation.