Building Board of Appeals

If someone disagrees with a decision made by the building official about how the building code is applied, there is a formal appeals board that can review it. This board is appointed by the local governing authority and serves as long as that authority allows. The board sets its own procedures and must give written decisions to both the person appealing and the building official. Appeals are limited to specific issues: claiming the code was interpreted incorrectly, that the code doesn’t fully apply to the situation, or that a different construction method is equal to or better than what the code requires. The board cannot waive code requirements or change how the code is administered. The appeals board must be made up of people with experience and training in building construction, and they cannot be employees of the local jurisdiction.

Meetings:

The board meets only when there's an appeal or when it otherwise elects to do so.

Members:

Joe Scandroli Jr.
Brian Blakemore
William Waldorf
Kerry Harlacher
Jennifer Spencer
Jeffrey Bockhop
Mokhtar Mohamed

International Building Code 2021 Sec. 113, Appendix B. Five members and two alternates. Members serve five year terms or until a successor has been appointed.  Members shall consist of one from each of the following professions or disciplines:

1. Registered design professional with architectural experience or builder or superintendent of building construction with at least 10 years' experience, 5 of which shall have been in responsible charge of work; 

2. Registered design professional with structural engineering experience; 

3.  Registered design professional with mechanical and plumbing engineering experience or a mechanical contractor with at least 10 years' experience, 5 of which shall have been in responsible charge of work; 

4. Registered design professional with electrical engineering experience or an electrical contractor with at least 10 years' experience, 5 of which shall have been in responsible charge of work; 

5. Registered design professional with fire protection engineering experience or a fire protection contractor with at least 10 years' experience, 5 of which shall have been in responsible charge of work.      

Overview:

International Building Code, Section 113, Means of Appeals  

[A] 113.1 General. In order to hear and decide appeals of

orders, decisions or determinations made by the building

official relative to the application and interpretation of this

code, there shall be and is hereby created a board of appeals.

The board of appeals shall be appointed by the applicable

governing authority and shall hold office at its pleasure. The

board shall adopt rules of procedure for conducting its business

and shall render all decisions and findings in writing to the 

appellant with a duplicate copy to the building official.

[A] 113.2 Limitations on authority. An application for

appeal shall be based on a claim that the true intent of this

code or the rules legally adopted thereunder have been incorrectly

interpreted, the provisions of this code do not fully apply or an

equivalent or better form of construction is proposed. The board

shall not have authority to waive requirements of this code or

interpret the administration of this code.

[A] 113.3 Qualifications. The board of appeals shall consist

of members who are qualified by experience and training to

pass on matters pertaining to building construction and are

not employees of the jurisdictions.