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Code Appeal Process

Who may appeal?
Timeframe to file appeals
Required information
How long will an appeal take?
Code appeal rules
Appeal form

 
Who may appeal?

Not everyone can automatically challenge a decision of a local building official. A person may appeal the decision of a local building official when:

  • The person suffered significant harm or damage to their interests because of the decision of the building official.
  • The legislature specifically gives a person the ability to have their interests heard.
  • The person has a great personal stake in the outcome of the decision.

If a person meets one of these criteria, then the division will hear their matter on appeal.

 
Timeframe to file appeals

Within 30 calendar days after the building official made a decision.

 
What must a person include in the appeal?

By rule, the division requires that a person provide:

  • The person's contact information, the jurisdiction that made the decision on appeal, and the contact information of other parties involved.
  • The specialty code sections that formed the basis of the building official's decision.
  • A written description of the events that occurred prior to the appeal. This can include any drawings or diagrams drawn to scale.
  • A copy of any written decisions issued by the building official (letters, etc.) concerning the affected jobsite.
  • The date and status of any stop work orders the local program issued on the jobsite.
  • Reasoning supporting the reversal of the building official's decision.

The chief inspector may require additional information from either the person or the building official. The division will make requests for the information it needs and the building official or the person must respond within 7 days of the request.

Even if a person makes errors in preparing an appeal, the division may by rule still hear the appeal.

 
How long will an appeal take?

Generally speaking, the division makes a decision and notifies the parties involved within 14 calendar days. If additional time is needed, then the division may decide within 30 calendar days.