Board of Building Code Appeals

Purpose

Responsible for hearing and ruling on appeals from the decision of the Building Official. Must have licensed experience as engineer, architect, plumber, electrician, builder, property manager, or fire protection specialist.  (Night meetings, an unlimited number of three-year terms)

The Board also serves as the Local Board of Fire Prevention Code Appeals, and will hear appeals from decisions of the Fire Official.

USBC 119.5 - Right of Appeal; Filing of Appeal Application

Any person aggrieved by the local building department’s application of the USBC or the refusal to grant a modification to the provisions of the USBC may appeal to the LBBCA. The applicant shall submit a written request for appeal to the LBBCA within 30 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 building 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 building official’s decision.

Note: To the extent that a decision of a building official pertains to amusement devices there may be a right of appeal under the VADR.

Applications for Building Code appeal are available at the Building Safety Office, 100-B County Drive, Yorktown, VA 23692 or you may request a digital copy via email to bldgsafety@yorkcounty.gov. Each application shall be accompanied by a non-refundable fee of $275.00.

SFPC Section 112.5 - Application for Appeal

The owner of a structure, the owner’s agent or any other person involved in the maintenance of the structure, or activity, may appeal a decision of the fire official concerning the application of the SFPC or the fire official’s refusal to grant modification under Section 106.5 to the provisions of the SFPC. The appeal shall first lie to the LBFPCA and then to the State Review Board except that appeals concerning the application of the SFPC or refusal to grant modifications by the State Fire Marshal shall be made directly to the State Review Board. The appeal shall be submitted to the LBFPCA within 14 calendar days of the application of the SFPC. The application shall contain the name and address of the owner of the structure and the person appealing if not the owner. A copy of the written decision of the fire official shall be submitted along with the application for appeal and maintained as part of the record. The application shall be stamped or otherwise marked by the LBFPCA to indicate the date received. Failure to submit an application for appeal within the time limit established by this section shall constitute acceptance of the fire official’s decision.