Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 63 - VIRGINIA UNIFORM STATEWIDE BUILDING CODE › Part III - Maintenance › Section 13VAC5-63-500 - Section 107 Appeals

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Section 107.1 Establishment of appeals board. In accordance with §
										36-105
				  of the Code of Virginia, there shall be established within each local enforcing
				  agency a LBBCA. Whenever a county or a municipality does not have such a LBBCA,
				  the local governing body shall enter into an agreement with the local governing
				  body of another county or municipality or with some other agency, or a state
				  agency approved by DHCD for such appeals resulting therefrom. Fees may be
				  levied by the local governing body in order to defray the cost of such appeals.
				  The LBBCA for hearing appeals under the VCC shall be permitted to serve as the
				  appeals board required by this section. The locality is responsible for
				  maintaining a duly constituted LBBCA prepared to hear appeals within the time
				  limits established in this section. The LBBCA shall meet as necessary to assure
				  a duly constituted board, appoint officers as necessary, and receive such
				  training on the code as may be appropriate or necessary from staff of the
				  locality.
B. Section 107.2
				  Membership of board. The LBBCA shall consist of at least five members appointed
				  by the locality for a specific term of office established by written policy.
				  Alternate members may be appointed to serve in the absence of any regular
				  members and as such, shall have the full power and authority of the regular
				  members. Regular and alternate members may be reappointed. Written records of
				  current membership, including a record of the current chairman and secretary
				  shall be maintained in the office of the locality. In order to provide
				  continuity, the terms of the members may be of different length so that less
				  than half will expire in any one-year period.
C. Section 107.3 Officers and qualifications
				  of members. The LBBCA shall annually select one of its regular members to serve
				  as chairman. When the chairman is not present at an appeal hearing, the members
				  present shall select an acting chairman. The locality or the chief executive
				  officer of the locality shall appoint a secretary to the LBBCA to maintain a
				  detailed record of all proceedings. Members of the LBBCA shall be selected by
				  the locality on the basis of their ability to render fair and competent
				  decisions regarding application of the USBC and shall to the extent possible,
				  represent different occupational or professional fields relating to the
				  construction industry. At least one member should be an experienced builder; at
				  least one member should be an RDP, and at least one member should be an
				  experienced property manager. Employees or officials of the locality shall not
				  serve as members of the LBBCA.
D.
				  Section 107.4 Conduct of members. No member shall hear an appeal in which that
				  member has a conflict of interest in accordance with the State and Local
				  Government Conflict of Interests Act (§
										2.2-3100
				  et seq. of the Code of Virginia). Members shall not discuss the substance of an
				  appeal with any other party or their representatives prior to any
				  hearings.
E. Section 107.5 Right of
				  appeal; filing of appeal application. Any person aggrieved by the local
				  enforcing agency's application of this code or the refusal to grant a
				  modification to the provisions of this code may appeal to the LBBCA. The
				  applicant shall submit a written request for appeal to the LBBCA within 14
				  calendar days of the receipt of the decision being appealed. The application
				  shall contain the name and address of the owner of the building or structure
				  and, in addition, the name and address of the person appealing, when the
				  applicant is not the owner. A copy of the code official's decision shall be
				  submitted along with the application for appeal and maintained as part of the
				  record. The application shall be marked by the LBBCA to indicate the date
				  received. Failure to submit an application for appeal within the time limit
				  established by this section shall constitute acceptance of a code official's
				  decision.
F. Section 107.6 Meetings
				  and postponements. The LBBCA shall meet within 30 calendar days after the date
				  of receipt of the application for appeal, except that a period of up to 45
				  calendar days shall be permitted where the LBBCA has regularly scheduled
				  monthly meetings. A longer time period shall be permitted if agreed to by all
				  the parties involved in the appeal. A notice indicating the time and place of
				  the hearing shall be sent to the parties in writing to the addresses listed on
				  the application at least 14 calendar days prior to the date of the hearing,
				  except that a lesser time period shall be permitted if agreed to by all the
				  parties involved in the appeal. When a quorum of the LBBCA is not present at a
				  hearing to hear an appeal, any party involved in the appeal shall have the
				  right to request a postponement of the hearing. The LBBCA shall reschedule the
				  appeal within 30 calendar days of the postponement, except that a longer time
				  period shall be permitted if agreed to by all the parties involved in the
				  appeal.
G. Section 107.7 Hearings
				  and decision. All hearings before the LBBCA shall be open meetings and the
				  appellant, the appellant's representative, the locality's representative and
				  any person whose interests are affected by the code official's decision in
				  question shall be given an opportunity to be heard. The chairman shall have the
				  power and duty to direct the hearing, rule upon the acceptance of evidence and
				  oversee the record of all proceedings. The LBBCA shall have the power to
				  uphold, reverse, or modify the decision of the official by a concurring vote of
				  a majority of those present. Decisions of the LBBCA shall be final if no
				  further appeal is made. The decision of the LBBCA shall be explained in
				  writing, signed by the chairman and retained as part of the record of the
				  appeal. Copies of the written decision shall be sent to all parties by
				  certified mail. In addition, the written decision shall contain the following
				  wording:
"Any person who was a party to the appeal may appeal to the
					 State Review Board by submitting an application to such Board within 21
					 calendar days upon receipt by certified mail of the written decision.
					 Application forms are available from the Office of the State Review Board, 600
					 East Main Street, Richmond, Virginia 23219, (804) 371-7150."
H. Section 107.8 Appeals to the State Review
				  Board. After final determination by the LBBCA in an appeal, any person who was
				  a party to the appeal may further appeal to the State Review Board. In
				  accordance with §
										36-98.2
				  of the Code of Virginia for state-owned buildings and structures, appeals by an
				  involved state agency from the decision of the code official for state-owned
				  buildings or structures shall be made directly to the State Review Board. The
				  application for appeal shall be made to the State Review Board within 21
				  calendar days of the receipt of the decision to be appealed. Failure to submit
				  an application within that time limit shall constitute an acceptance of the
				  code official's decision. For appeals from a LBBCA, a copy of the code
				  official's decision and the written decision of the LBBCA shall be submitted
				  with the application for appeal to the State Review Board. Upon request by the
				  Office of the State Review Board, the LBBCA shall submit a copy of all
				  pertinent information from the record of the appeal. In the case of appeals
				  involving state-owned buildings or structures, the involved state agency shall
				  submit a copy of the code official's decision and other relevant information
				  with the application for appeal to the State Review Board. Procedures of the
				  State Review Board are in accordance with Article 2 (§
										36-108
				  et seq.) of Chapter 6 of Title 36 of the Code of Virginia. Decisions of the
				  State Review Board shall be final if no further appeal is made.
Statutory Authority: §
												36-98
						of the Code of Virginia.