Residential Building Inspector B1General Administration, Legal, and EnforcementMedium
A builder appeals a decision by the building official to deny a permit for a unique foundation system. The builder believes the official misinterpreted the code. To which body would the builder typically appeal this decision?
- AThe local city council or county commission.
- BA superior court of law.
- CThe International Code Council (ICC) headquarters.
- DThe local Board of Appeals.
Show answer & explanationAnswer & explanation
Correct answer: D. The local Board of Appeals.
Most jurisdictions establish a Board of Appeals to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of the building code. This provides an administrative review process before resorting to legal action.
Why the other options are wrong
- A. While they oversee the building department, the city council/county commission typically doesn't handle individual permit appeals.
- B. A court of law is a last resort, after exhausting administrative remedies like the Board of Appeals.
- C. The ICC develops the codes but does not hear appeals on their local application.
Board of Appeals Function
A local administrative body established to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of the adopted building codes.
- Hears appeals of building official decisions.
- Interprets code application.
- Provides an administrative review process.
Memory trick: Official's decision, if it's wrong, to the Board of Appeals, where it belongs.