There is hereby established within the building inspection department
a local board of building code appeals (the "LBBCA") to hear and decide
appeals of decisions of the building official concerning the application
of the Uniform Statewide Building Code ("USBC").
The LBBCA shall consist of five members who must reside in Page
County appointed by the board of supervisors for, except as provided
below, four-year terms. Members shall be appointed in a staggered
manner such that no more than three members' terms shall expire
in the same year. Members may be reappointed without limitation. A
member appointed to fill a vacancy shall serve the unexpired term
of the member being replaced. At the request of the board of supervisors,
a serving member may sit beyond the expiration of his term until such
time as his successor may be appointed; however, the successor's
term shall not be extended by such delay. A member missing three consecutive
meetings, or three meetings at any time within any twelve-month calendar
period, shall be subject to summary removal by the board of supervisors.
The LBBCA shall meet at least once annually to assure a duly constituted
board, appoint officers as necessary, and receive such training on
the USBC as may be appropriate or necessary from staff of the locality.
The LBBCA shall annually select one of its members to serve
as chairman. When the chairman is not present at an appeal hearing,
the members present shall select an acting chairman. The county administrator
shall appoint a secretary to the LBBCA to maintain a detailed record
of all proceedings. Written records of current membership, including
a record of the current chairman and secretary, shall be maintained
in the local building official's office. Members of the LBBCA
shall be selected by the board of supervisors 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 a licensed architect or professional engineer, and
at least one member should be an experienced property manager. Employees
and officials of the locality shall not serve as members of the LBBCA.
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 § 2.2-311 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.
The LBBCA shall meet within 30 calendar days after the date
of receipt of the application for appeal, except that 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.
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
building 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 building 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 by resolution signed by the chairman and retained as part of the
record of the appeal. Copies of the resolution shall be sent to all
parties by certified mail. In addition, the resolution shall contain
the following wording:
"Any person who was 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 this resolution. Application
forms are available from the Office of the State Review Board, 600
East Main Street, Richmond, Virginia, 23219(804) 371-7150."
After final determination by the LBBCA in an appeal, any person
who as 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 building 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 building official's decision.
For appeals from a LBBCA, a copy of the building official's decision
and the resolution 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 building 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.
An appeal fee of $600 must be tendered with the filing of each
appeal to the LBBCA.
Each LBBCA member shall be compensated by the county for each
meeting attended as determined by resolution of the board of supervisors
and shall be reimbursed for actual expenses on a schedule and in accordance
with the procedures established by the county administrator.