Sec. 29-266. (Formerly Sec. 19-402). Municipal board of appeals. Filing of appeals in absence of board of appeals.
Sec. 29-266. (Formerly Sec. 19-402). Municipal board of appeals. Filing of appeals in absence of board of appeals. (a) A board of appeals shall be appointed by
each municipality. Such board shall consist of five members, all of whom shall meet
the qualifications set forth in the State Building Code. A member of a board of appeals of
one municipality may also be a member of the board of appeals of another municipality.
(b) When the building official rejects or refuses to approve the mode or manner of
construction proposed to be followed or the materials to be used in the erection or
alteration of a building or structure, or when it is claimed that the provisions of the code
do not apply or that an equally good or more desirable form of construction can be
employed in a specific case, or when it is claimed that the true intent and meaning of
the code and regulations have been misconstrued or wrongly interpreted, or when the
building official issues a written order under subsection (c) of section 29-261, the owner
of such building or structure, whether already erected or to be erected, or his authorized
agent may appeal in writing from the decision of the building official to the board of
appeals. When a person other than such owner claims to be aggrieved by any decision
of the building official, such person or his authorized agent may appeal, in writing, from
the decision of the building official to the board of appeals, and before determining the
merits of such appeal the board of appeals shall first determine whether such person has
a right to appeal. Upon receipt of an appeal from an owner or his representative or
approval of an appeal by a person other than the owner, the chairman of the board of
appeals shall appoint a panel of not less than three members of such board to hear such
appeal. Such appeal shall be heard in the municipality for which the building official
serves within five days, exclusive of Saturdays, Sundays and legal holidays, after the
date of receipt of such appeal. Such panel shall render a decision upon the appeal and
file the same with the building official from whom such appeal has been taken not later
than five days, exclusive of Saturdays, Sundays and legal holidays, following the day
of the hearing thereon. A copy of such decision shall be mailed, prior to such filing, to
the party taking such appeal. Any person aggrieved by the decision of a panel may
appeal to the Codes and Standards Committee within fourteen days after the filing of
the decision with the building official. Any determination made by the local panel shall
be subject to review de novo by said committee.
(c) If, at the time that a building official makes a decision under subsection (b) of
this section, there is no board of appeals for the municipality in which the building
official serves, a person who claims to be aggrieved by such decision may submit an
appeal, in writing, to the chief executive officer of such municipality. If, within five
days, exclusive of Saturdays, Sundays and legal holidays, after the date of receipt of
such appeal by such officer, the municipality fails to appoint a board of appeals from
among either its own residents or residents of other municipalities, such officer shall
file a notice of such failure with the building official from whom the appeal has been
taken and, prior to such filing, mail a copy of the notice to the person taking the appeal.
Such person may appeal the decision of the building official to the Codes and Standards
Committee within fourteen days after the filing of such notice with the building official.
If the municipality succeeds in appointing a board of appeals, the chief executive officer
of the municipality shall immediately transmit the written appeal to such board, which
shall review the appeal in accordance with the provisions of subsection (b) of this section.
(d) Any person aggrieved by any ruling of the Codes and Standards Committee
may appeal to the superior court for the judicial district where such building or structure
has been or is being erected.
(1949 Rev., S. 4113; 1969, P.A. 443, S. 12; 1971, P.A. 802, S. 9; P.A. 76-436, S. 391, 681; P.A. 78-280, S. 1, 127; P.A.
82-432, S. 14, 19; P.A. 85-321, S. 2, 3; P.A. 92-164, S. 2; P.A. 93-78; P.A. 04-150, S. 5.)
History: 1969 act rephrased provisions establishing board of appeals, set membership at five and allowed members to
serve on more than one board, allowed appeals by owners of buildings "whether already erected or to be erected", added
provisions re hearings by panel, to be followed by appeals to state building code standards committee and then to court of
common pleas, replacing provision for appeals from board of appeals directly to court of common pleas; 1971 act added
provisions concerning appeals by persons other than owners; P.A. 76-436 replaced court of common pleas with superior
court and added reference to judicial districts, effective July 1, 1978; P.A. 78-280 deleted reference to counties; P.A. 82-432 replaced state building code standards committee with codes and standards committee; Sec. 19-402 transferred to Sec.
29-266 in 1983; P.A. 85-321 divided the section into Subsecs., inserting new language in Subsec. (c), specifying a procedure
for filing of appeals in the absence of a municipal board of appeals; P.A. 92-164 amended Subsec. (b) to authorize the
board to hear appeals on citations issued by the building inspector concerning improper licensure of persons at a construction
site; P.A. 93-78 amended Subsecs. (b) and (c) to extend, from 7 to 14 days, the time within which an appeal may be made
to codes and standards committee; P.A. 04-150 amended Subsec. (b) to delete "the permit, in whole or in part, having been
refused by the building official,".
Annotations to former section 19-402:
Cited. 162 C. 73. Cited. 174 C. 195. Cited. 175 C. 415. Cited. 176 C. 475. Cited. 185 C. 145.
Annotations to present section:
Subsec. (d):
Cited. 18 CA 40. Cited. 24 CA 44.