HomeMy WebLinkAboutSummary - Bldg Code Bd Appeals 2018 (002)Summary – Building Code Board of Appeals 2018
Lashaway – inaugural board member General The Bozeman Municipal Code provides for the adoption of specified building codes. In general, it is the
Chief Building Official’s (CBO) responsibility to administer and interpret the various building codes to
protect the health and safety of the community. In addition to plan review, inspection and enforcement, the CBO also assists customers in developing solutions that satisfy the intent of the codes when problems
arise. Occasionally, under unique circumstances, the CBO and a customer might reach impasse on some
proposed alternative means to attempt to satisfy a code provision or on the CBO’s interpretation of a
specific code provision. Consequently, to assure that adequate administrative recourse exists to review
and judge decisions made by the CBO, the code provides for the establishment of a Board of Appeals.
The Building Code Board of Appeals (originally authorized by the Uniform Building Code and
subsequently continued under the current International Residential Code) was established under
Commission Resolution 2483, adopted October 3, 1983, and is authorized to,”….determine the suitability
of alternative materials and methods of construction and to provide reasonable interpretation of the Building, Plumbing, Mechanical and Electrical Codes adopted by the City of Bozeman.”
The Board comprises five (5) voting members (appointed by the City Commission) who are qualified by
experience and training to pass upon matters pertaining to building construction. The five voting members
of the Board serve staggered, three-year terms. The CBO is an ex officio, non-voting member of the Board and acts as secretary. A City Commissioner is appointed to be liaison to the Board.
In accordance with Section R112 of the International Residential Code (IRC), the Board is expressly
prohibited from granting variances or waiving any requirements of the code. Therefore, an appeal must
be based on a claim that the true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply or an equally good or better form of construction is proposed.
Decisions by the Board represent the final administrative appeal. This board is quasi-judicial, with its
decisions appealed to the District Court (not the City Commission). The Board of Appeals meets at least once per year to maintain administrative effectiveness and at other
times only as necessary to conduct hearings and render decisions for appeals filed through the Bozeman
Building Division.
Activity History Other than to maintain administrative effectiveness as noted above, the Board of Appeals has met
infrequently in response to rare calls to discharge its unique and essential responsibilities.
In review, the Board of Appeals has met only 6 times, over the past 35 years, to hear appeals. It should be obvious then, that the Board of Appeals has effectively functioned as – and should function as – the administrative, problem-adjudication mechanism of last resort, i.e., to address issues that just cannot be
resolved through the diligent, good-faith efforts of all the parties involved. This lack of appeals is
primarily a reflection of the dedicated, professional, collaborative working relationship maintained by the
Building Division and its customers.
It should also be recognized that the Bozeman Fire Code Board of Appeals, established in 1997, has never
had occasion to meet to hear an appeal. Again, the absence of appeals is primarily a reflection of the dedicated, professional, collaborative working relationship maintained by the Fire Dept and its customers.