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.
A. 
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 records. 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.
B. 
Notwithstanding the foregoing, decisions of the local building official with respect to amusement devices, as that phrase is defined in the Virginia amusement device regulations, shall be appealed pursuant to such regulations.
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.