§ 23-27.3-127.1 - Committee to serve as a board of standards and appeals.
SECTION 23-27.3-127.1
§ 23-27.3-127.1 Committee to serve as aboard of standards and appeals. – (a) The building code standards committee, after the state building code isadopted and promulgated, will serve as a board of standards and appeals exceptfor appeals concerning the rehabilitation building and fire code, which appealsshall be heard and decided by the joint committee in accordance with theprovisions of § 23-29.1-4. For the purpose of securing for the public thebenefits of new developments in the building industry and insuring publichealth, safety, and welfare, the board shall make or cause to be madeinvestigations, or may accept authenticated reports from recognizedauthoritative sources on new materials or modes of construction intended foruse in the construction of buildings or structures, and shall promulgate theregulations setting forth the conditions under which the materials or modes ofconstructions may be used. The regulations and amendments thereto shall havethe same force and effect as the provisions of the code. The committee shall asa body or as a sub-committee thereof, have the power to sit as a state board ofappeals, and in the absence of a local board, to hear appeals from the decisionof the local building official. The state building commissioner shall serve asthe secretary of the board of appeals.
(b) An aggrieved party, as defined in subsections (b)(2)(i)– (b)(2)(vi) below, may appeal an interpretation, order, requirement,direction, or failure to act by the state building commissioner, charged withthe administration or enforcement of this code or any of its rules orregulations, directly to the state building code board of standards andappeals. The appeal shall be filed with the board of appeals within thirty (30)days of the mailing or posting of the interpretation, order, requirement,direction, or failure to act.
(2) An aggrieved party is defined as follows:
(i) An owner of the building or structure which is subject toany interpretation, order, direction, or failure to act by a local buildingofficial, state building commissioner, or a local board of appeal's decision orfailure to act.
(ii) Property owners within two hundred feet (200') of theproperty lines of a building or structure which is the subject of any appeal.
(iii) The state building commissioner relative to anyinterpretation, order, requirement, direction, or failure to act by the localbuilding official.
(iv) Any person, corporation, or other legal entity servedwith a notice of violation by the building official or the state buildingcommissioner.
(v) Any person who has reasonable grounds for believing thathe or she is about to be subject to discrimination in violation of theaccessibility for persons with disabilities provisions of this code, ororganization chartered for the purpose of safeguarding rights of persons withdisabilities, provided that the state building commissioner has certified thatthe building plans are in violation of this code, the Americans with DisabilityAct, 42 U.S.C. § 12101 et seq., provisions or the Federal Fair HousingAct, 42 U.S.C. § 3601 et seq.
(vi) Any person who has reasonable grounds for believing thathe or she is about to be subject to discrimination, or organization charteredfor the purpose of safeguarding rights of persons with disabilities, as aresult of an appeal to the code's provisions relating to persons withdisabilities.