The Building & Inspections Division of the Community Development Department is responsible for administering the Building Code Review Committee. This committee is appointed by the City Council and meets on an as needed basis. The Committee hears appeals of orders, decisions or determinations made by the Code Official relative to the application and interpretation of the Building Codes adopted by the City.
This allows an aggrieved party, with a material interest in the decision of the Code Official, a process to appeal such a decision before a board of appeals. This provides a forum, other than the court of jurisdiction, in which to review the Code Official’s actions. There is an application process and criteria for what can be appealed to the committee. Listed below is the appeal Section 112.0 from Building Codes Adopting Ordinance #3691, which outlines the process for an appeal of all codes, adopted by that ordinance.
Section 112.0 Means of Appeal
112.1 Application for appeal; limitations. Any person shall have the right to appeal to the Building Code Review Committee established in Section 112.2 of this code from a decision of the code official or from any notice issued in connection with the enforcement of the Fire Prevention Code, the Mechanical Code, the Property Maintenance Code, the Residential Code, the Existing Building Code, the Fuel Gas Code, the Energy Conservation Code and the Electrical Code (as applicable, “the code”). Any such appeal shall be based solely upon and shall state a claim that: (i) the true intent of the code or the rules or regulations adopted pursuant thereto have been incorrectly interpreted, (ii) the provisions of the code do not apply, or (iii) an equivalent form of construction can be used; provided that the Building Code Review Committee shall have no authority to interpret the administrative provisions of the code nor to waive substantive requirements of the code. Any appeal under this section shall be in writing, shall contain a written statement of the grounds for the appeal and shall be filed in the office of the code official within thirty (30) days after the rendering of the decision or from the date of service of the notice from which the appeal is taken.
|Ted Shekell||Community Development Director|