The Virginia Construction Code and Virginia Maintenance Code (parts I and III, respectively, of the Uniform Statewide Building Code) both require that a “Local Board of Building Code Appeals” be established by every locality to hear appeals of the decisions of Building Code and Building Maintenance Code Officials.
This board of appeals is required to have a minimum of five members, appointed by the locality for a specified term of office. The same board may hear appeals of either code. The code establishes requirements for members of these boards; they should “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 a Registered Design Professional, and at least one member should be an experienced property manager.” One member shall be chosen by the board as chairman, and he shall have the power to direct the hearings, rule upon acceptance of evidence, and oversee the record of all proceedings. The board will make decisions to overturn, uphold, or modify the official’s decision based upon a majority vote. Written records of the board’s current membership can be found in our office and are available on request.
The time period for appeals of the Virginia Maintenance Code (property maintenance violations for existing structures) is 21 days from receipt of the notice of violation, whereas the time period for appeal of Virginia Construction Code violations is 90 days of receipt of the decision. Failure to submit an application for appeal within the applicable time frame constitutes acceptance of the building official or code official’s decision.
The LBBCA is required to meet within 30 calendar days after receipt of an appeal application, unless a longer time is agreed to by all parties to the appeal. The board is required to send a notice of the hearing to all parties in writing at least 14 calendar days prior to the hearing date, unless a shorter time is agreed to by all parties. The decision of the LBBCA can be appealed to the State Review Board if desired; such an appeal must occur within 21 calendar days of the LBBCA’s decision. Failure to appeal to the State Review Board constitutes acceptance of the LBBCA’s decision.
NB: This page is intended for informational use only; for legally binding information regarding the appeals process, please consult the legal code being appealed.