# Administrative Hearings for BO approval??



## Joker (Nov 7, 2014)

I'm a fairly new BO with 16 years experience in code inforcement. For years our building department has had administrative hearings whenever a project had significant problems complying with the letter of the law and the  building officials approval was required for the alternative. For the record there are plenty of occasions where the inspector of record, supervisor, construction chief and myself don't have a problem making a judgement call without a hearing. For the tougher ones, As told to me by the previous building official, the administrative hearing is a way of formally documenting what was done and why. We now have a new director saying "You don't need a hearing if they are giving you everything you need. Make the call and move on." These hearings are usually held the same week submitted and usually don't hold up the project as the inspector of record is in attendance and knows the outcome. I know the code doesn't require a hearing for BO approval and we are reducing the number hearings we have as I believe it should be reduced. My questions are:

1. Does your jurisdiction require a hearing for BO approval?

2. What type of situations trigger it?

3. What's the population of your jurisdiction?


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## cda (Nov 7, 2014)

Welcome

I like when the number of meetings are reduced.

1. No

2.?

3. 50000

If there is a code problem. We Walk into the BO office or meet at the site

Tell what the problem is

Discuss it if needed

BO makes decision and move on down the road

BO may have to do research or ask the builder to have research done

Most of the time not documented

That is the only thing I like about your procedure. I am a documentation person


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## cda (Nov 7, 2014)

We now have a new director saying "You don't need a hearing if they are giving you everything you need. Make the call and move on."

Good philosophy


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## fatboy (Nov 7, 2014)

Welcome to the forum!

No, we do not convene a meeting for everyday calls, even heavily contested calls. In ten years as the BO, I have had only one such meeting, and I convened that one on my own, to resolve a long-standing confrontation.

Make the call, cite the section, it really should not even come close to a weekly situation..........JMHO


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## Frank (Nov 7, 2014)

In 30 years I lost one appeals board hearing, and in that one I told applicant to appeal as I could not justify common sense to code and told appeals board was ok if they shot me down-- was petroleum loading station over 100 yards from any exposures and question was if needed fire suppression. Code required but was not material in most outcomes.

Justified modifications don't usually need appeals.


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## tmurray (Nov 7, 2014)

We don't require a hearing. Our code requires the applicant to provide an alternate solution that meets the intent of the code. The submission package usually include an overview of why the code requires what it does and why it is not applicable, or if they are using alternate means to comply,people provide scientific studies, times egress studies or other documentation showing why they don't have to comply with the letter of the code. It's handy as the building official because at the end of the day I am only responsible to make sure the procedure was followed properly. Whether or not it actually complies falls back on the proponent as they are typically an engineer or other expert in the area in question. We have a population of 20000.


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## JBI (Nov 7, 2014)

NYS is somewhat unique in its' approach... All variances/waivers are handled at the State level, not locally. For common requests there is an expedited procedure involving a Regional Representative of the State Codes Division. Major requests go to a Board of Review.


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## cda (Nov 7, 2014)

I would say the OP is talking about "gray areas" and when problems come up while they are building the building.


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## Joker (Nov 11, 2014)

Thanks!!!!!!

Everyone, thanks for the quick replies and welcomes. Being able to easily reach out a wide range of other BO's in this very political game were in is truly in invaluable tool. I hope to be as helpful in the near future. Again......thanks.

:-D


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## Joker (Nov 11, 2014)

fatboy said:
			
		

> Welcome to the forum!No, we do not convene a meeting for everyday calls, even heavily contested calls. In ten years as the BO, I have had only one such meeting, and I convened that one on my own, to resolve a long-standing confrontation.
> 
> Make the call, cite the section, it really should not even come close to a weekly situation..........JMHO


Understood. Thanks!


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## cda (Nov 11, 2014)

Keep on coming and also ad time

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http://www.thebuildingcodeforum.com/forum/website-discussion/14626-sawhorse-membership-reminder-free-book.html

And the millions of benefits ::::

http://www.thebuildingcodeforum.com/forum/website-discussion/9677-difference-between-sawhorse-registered-member.html


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## High Desert (Nov 11, 2014)

I allow my inspection staff to make judgement calls if they are comfortable. If not, they come to me and I render a decision. Pretty informal.


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## Joker (Dec 8, 2014)

High Desert, CDA, Fatboy, and others:

In situations where a letter is written to you by the architect/engineer etc. stating their case, how do you  document "your call" accepting their proposal? Do you write a letter response to your staff and them? Memo/email to staff? Document your approval in your systems(accella, tidemark, jurisdiction online, etc.) case notes? "Ok", initial, date their letter, and send to staff? Just wondering......


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## cda (Dec 8, 2014)

Joker said:
			
		

> High Desert, CDA, Fatboy, and others:In situations where a letter is written to you by the architect/engineer etc. stating their case, how do you  document "your call" accepting their proposal? Do you write a letter response to your staff and them? Memo/email to staff? Document your approval in your systems(accella, tidemark, jurisdiction online, etc.) case notes? "Ok", initial, date their letter, and send to staff? Just wondering......


all the above, just depends on the situation

yes document in the file what  you have done


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## fatboy (Dec 8, 2014)

If it is a situation where I am making a call that falls under alternate methods, yes I would document it in the address file with a document, if it is something that is already based in the code............move along.


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