# Board of Appeals



## Durant (Sep 23, 2012)

At first glance the Board of Appeals seems to be a good tool to keep builders and contractors out of the City Manangers office and out of City Council meetings.

I do find an inconsistancy in the IBC and IRC; for example the IRC requires the Boards decision to be in writting and a copy of the decision issued to the apellant and the building official, while the IBC is silent and does not.

What do you think?  If you have a Board of Appeals, is it working for you?  A good thing or a bad thing?

Thanks,

Durant


----------



## Durant (Sep 23, 2012)

oops, 2009 I-codes.


----------



## fatboy (Sep 23, 2012)

Yes, and yes, we don't see many appeals, but is a good group (11 trades folks) to vet proposed amendments before going before Council.


----------



## cda (Sep 23, 2012)

Since it is city business it has to be documented

Yes boa's can be good or can be bad. Bad if the board gives variances and not just rule on the intent.

Have see both


----------



## Coug Dad (Sep 24, 2012)

Board of appeals can be good if they are independant of the building department and fire department and can make informed decesions.  If they are just automatically going to follow what the departments are saying it is a waste of everyone's time to go through a step just to confirm what the AHJ is saying.  If they are not informed and grant every appeal, regardless of merit, it weakens the AHJ and can have morale issues with the staff.


----------



## GBrackins (Sep 24, 2012)

in Massachusetts we have a state Board of Appeals for all items involving the State Building Code. Each town has a zoning board of appeals. Locals cannot make variances to the Building Code.


----------



## FM William Burns (Sep 24, 2012)

Works for us!


----------



## Durant (Sep 26, 2012)

Thanks for informaton,

One advantage I see is that complaints are required to go to the board instead of or before going to the City Manager or Council.

What about the differences in the IBC and IRC requirements?  I do find an inconsistancy in the IBC and IRC; for example the IRC requires the Boards decision to be in writting and a copy of the decision issued to the apellant and the building official, while the IBC is silent and does not.

Was this an error or just plain stupidity on the part of the ICC?


----------



## Durant (Sep 26, 2012)

oops, did it again; 2009 I-codes.


----------



## mtlogcabin (Sep 26, 2012)

> Was this an error or just plain stupidity on the part of the ICC?


The IBC and the IRC are written by you and me and anyone else who wants to submit a code change not the ICC.

There are 2 seperate committees that oversee the review and adoption of the codes.

So I would say an error in that they are not the same lanquage because both codes are not reviewed by the same committees.

Good idea for a code change


----------



## cda (Sep 26, 2012)

Most cities require meetings to be recorded


----------



## fatboy (Sep 26, 2012)

As MT said two different committees, and often two totally different viewpoints. The have been proposals for years to try to get the two codes to have like requirements when appropriate. Code committees seem to bristle at the comment, "well this is what the other code says". I don't agree at all with it, but it happen, frequently.......


----------



## Durant (Sep 27, 2012)

Thanks,

I needed that.  As much time as I spend preaching to contractors that they can't opt for commercial code requirements and have to comply with the IRC; I should know better.

However, isn't there an overseer code committee that is suppose to look into incompatible code requirements like this?  Ok, it's 4 in the morning, woke at 3am; and I'm looking for yet another code committee to be added to already too many cooks.  I think I'll do something useful, like vaccuming the carpets.

Have a nice morning ya'll,


----------



## mtlogcabin (Sep 27, 2012)

> As much time as I spend preaching to contractors that they can't opt for commercial code requirements and have to comply with the IRC;


Why can't they chose the IBC over the IRC for their one or two family dwelling?

They should be able to choose one or the other just not mix them together


----------



## Durant (Sep 27, 2012)

mtlogcabin said:
			
		

> Why can't they chose the IBC over the IRC for their one or two family dwelling? They should be able to choose one or the other just not mix them together


2009 IRC, R102.4 Referenced codes and standards.  (excerpt) Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.


----------

