Building Code Board of Appeals Fact Sheet

Title: Building Code Board of Appeals

Type of Board/Commission/Committee: Appeal

Affiliated Department: Community Development

Status: Active

Governing Legislation:
-CBJ Code Title 19.02
-Date Created: June 21, 1999
-Sunset Date: N/A

To reference the general rules of procedure and informational booklet for all boards, please see the documents available on the General Board Information page.

Description: Created; membership. In order to determine the appropriateness of orders, decisions and determinations made by the building official or fire chief concerning the application and interpretation of the codes, there is created a board of appeals, consisting of seven members who are qualified by experience or training to pass upon matters pertaining to building construction.

Membership: One member of the board of appeals shall be an architect, one member an engineer, one member an attorney, one member a general contractor, one member a mechanical contractor, one member an electrical contractor and one public member. Members of the board of appeals shall be appointed by the assembly for three-year staggered terms. The board of appeals shall elect from its membership a chair, a vice-chair and a secretary and shall adopt reasonable rules for the conduct of its proceedings pursuant to section 01.50. The City and Borough shall provide secretarial and other staff support required by the board of appeals. (Serial No. 2004-31, § 1, 10-11-2004)

Officers: Chair, Vice-Chair, & Secretary

Quorum: 4

Term Limits: None.

Annual Appointment Period (Annual Reports Due): January

Meetings: At the call of the chair upon receipt of an appeal by the Clerks Office

Special Facts: Form of appeal. Appeals shall be conducted in accordance with chapter 01.50, except that if the order appealed from relates to a building or structure which has been determined by the building official to be in such condition as to make it immediately dangerous to life, limb, property or safety of the occupants, the public, or adjacent property and is ordered vacated and is posted in accordance with the applicable section of the International Property Maintenance Code as adopted, such appeal must be filed within ten days from the date of the service of notice and order of the building official. (Serial No. 2004-31, § 1, 10-11-2004) Limitations of authority. An application for appeal shall be based on a claim that the true intent of the building codes or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of these codes do not fully apply, or an equally good or better form of construction is proposed. The board of appeals shall not be empowered to waive requirements of the building codes. All variance requests to IRC 323.3.1 through 323.3.5 and IBC 1612 shall be heard by the board of adjustment, under procedures established per 49.70.410. (Serial No. 2004-31, § 1, 10-11-2004; Serial No. 2006-19, § 6, 6-5-2006)

Staff Contact: City Clerk - 586-5278 -