In the continuing series of articles on local government, I am writing about the important role the numerous boards and commissions play within the community, and the vital contribution the volunteers who serve their community as members of the boards make by providing input and direction impacting all of our futures. In this article, I’m writing about the Board of Building Code Appeals.
The Board of Building Code Appeals consists of five members who are qualified by experience and training to interpret the provisions of the Building Code. Established in 1996, the board is provided for by city ordinance (A-2052), and must, by statute, meet at least once per year. During that annual meeting, they must elect a chair and a secretary, and report to the city manager and to council regarding their activities for the year.
The board hears and rules on any appeals from decisions made by the Building Inspector. If the members of the board vote to modify an order of the building inspector, the affirmative vote of at least three members of the board is required.
In fact, the ordinance establishing the board delineated their powers. Section 1311.06 entitled ‘Powers’ reads as follows: “The Board of Building Code Appeals shall have the power, subject to the limitations and in the manner set forth in this Building Code, to:
(a) Affirm or reverse, in whole or in part, or modify any decision of the Building Inspector in interpreting the provisions of this Building Code;
(b) Vary the application of any provision of this Building Code to any particular case when, in its opinion, enforcement thereof would do manifest injustice, would be contrary to the spirit and the purpose of this Building Code or the public interest;
(c) Determine if any material or method of construction may be used, even though not specifically authorized by this Building Code, and specify the manner in which such materials and methods shall be used;
(d) Determine any requirement for the strength or stability of an existing or proposed building or structure, or for the safety or health of the occupants thereof, not specifically covered by this Building Code or not readily interpretable from the provisions of this Building Code.
(e) Affirm or reverse, in whole or in part, or modify, any order of the Building Inspector or the Fire Prevention Officer issued pursuant to Chapter 1313 of this Building Code.”
The ordinance also provides that “any person, any municipal officer or official or any public body aggrieved by the action of the Building Inspector may take an appeal to the Board of Building Code Appeals.” I am pleased to note that no one has done so for more than five years!
If an appeal were to be filed, it must be filed within 30 days from the date of the Building Inspector’s decision. The appeal is filed with the Building Inspector by paying a fee of $10 a notice of appeal and specifying the reason(s) for the appeal. Any expense incurred by the board in evaluating the merits of any appeal are to be borne by the appellant.
In addition to the board, the subsequent public hearing could include the building inspector, the appellant, witnesses, and agents of the appellant including attorneys. The board would require the submission of evidence or proof to substantiate claims, and could require additional data and tests which, in the opinion of the board, would be needed to evaluate the appeal.
The board is required to reach a decision “without unreasonable or unnecessary delay.” The board’s decisions are rendered in writing, and must include their vote in rendering their decision. Their decision(s) must be “promptly” filed in the office of the Building Inspector and are open for public review.
The ordinance also clarifies that “if a decision of the Board of Building Code Appeals reverses or modifies a refusal, order or disallowance of the building inspector or varies the application of any provision of this building code, the building inspector shall take action immediately in accordance with such decision.”
Finally and is the case with most every governmental action, those who disagree with a decision by the Board of Building Code Appeals may file for relief in the court system.
The Board of Building Code Appeals can also be called upon to review legislation. While that has not happened in the recent past, it would likely happen if city council were to look to make dramatic changes to the building code.
The members of the Board of Building Code Appeals are appointed by city council, and serve five year terms. The current members of the board include Kent Craver (financial services), Dave Durbin (engineer), Mike Goubeaux (architect), Mike Heintz (engineer), and Tom Martin (business owner).
A listing of the boards and commissions is on the city’s website. If you have interest in one or more of them, please contact City Clerk Kari Egbert at 937-498-8148 or [email protected].
In my next article, I’ll write about the Enterprise Zone Incentive Team. This group reviews and makes recommendations on the feasibility of granting tax abatements to existing businesses expanding in Sidney and businesses moving to the community.
