§ 23-27.3-127.2.5 - Procedures.
SECTION 23-27.3-127.2.5
§ 23-27.3-127.2.5 Procedures. – (a) When the building official refuses to issue a building permit in whole orin part, or refuses to approve the mode or manner of construction proposed tobe followed or the materials to be used in the erection or alteration of abuilding or structure, or when it is claimed that the provisions of this codedo not apply or that an equally good or more desirable form of construction canbe employed in a specific case, or when it is claimed that the true intent andmeaning of this code and regulations have been misconstrued or wronglyinterpreted, within thirty (30) days the owner of the building or structure,whether erected or to be erected, the owner's authorized agent, or otheraggrieved party may make an application for an appeal in writing from thedecision of the building official to the local board of appeal.
(b) Upon receipt of the application for an appeal, thechairperson or secretary of the board of appeal shall appoint a panel of notless than three (3) members of the board to hear each appeal.
(c) Applications filed at least twenty-five (25) days,including Saturdays, Sundays, and legal holidays, prior to the monthly meetingof the board will be advertised for public hearing at the next scheduledmeeting. Appeals affecting the disability regulations of the state buildingcode shall cite the provisions in the advertisements. A copy of the applicationfor appeal to the disability provisions of shall be sent to the state buildingcommissioner. Unless the appeal is continued, a copy of the decision of theboard shall be mailed to the owner, the aggrieved party, and to the buildingofficial from whom the appeal has been taken not later than ten (10) daysfollowing the date of the hearing.
(d) Applications for appeal must be accompanied by two (2)copies of the required plans for review by the building official and the boardof appeals.
(e) The building official shall submit to the board ofappeals a notice identifying the reason for the refusal to issue a permit andthe code provisions being disputed.
(f) Any aggrieved party affected by the decision of the localboard may appeal to the state board of standards and appeals within twenty (20)days after the filing of the local decision with the building official andowner. Any determination made by the local board shall be subject to review denovo by the state board of standards and appeals.