Board of Building Code Appeals

About the Board of Building Code Appeals

Section 36-105 of the Code of Virginia and the Uniform Statewide Building Code mandate that each jurisdiction have a Local Board of Building Code Appeals (LBBCA).

This Board of Appeals is required to have a minimum of five members, appointed by the locality for a specified term of office. The same Board may hear appeals of either code. The code establishes requirements for members of these Boards; they should "to the extent possible, represent different occupational or professional fields relating to the construction industry." One member shall be chosen by the Board as Chairman, and he shall have the power to direct the hearings, rule upon acceptance of evidence, and oversee the record of all proceedings. The Board will make decisions to overturn, uphold, or modify the official's decision based upon a majority vote.

The time period for appeals of the Virginia Maintenance Code (property maintenance violations for existing structures) is 21 days from receipt of the notice of violation, whereas the time period for appeal of Virginia Construction Code violations is 90 days of receipt of the decision. Failure to submit an application for appeal within the applicable time frame constitutes acceptance of the building official or code official's decision.

The LBBCA is required to meet within 30 calendar days after receipt of an appeal application, unless a longer time is agreed to by all parties to the appeal. The Board is required to send a notice of the hearing to all parties in writing at least 14 calendar days prior to the hearing date, unless a shorter time is agreed to by all parties. The decision of the LBBCA can be appealed to the State Review Board if desired; such an appeal must occur within 21 calendar days of the LBBCA's decision. Failure to appeal to the State Review Board constitutes acceptance of the LBBCA's decision.

Board of Building Code Appeals Meetings

Meetings of the Board of Building Code Appeals are held on an as-needed basis whenever appeal applications are received. Notice of when the meetings occur will be posted in advance. Organizational meetings are also held at least once a year to assure a duly constituted board and to appoint officers as necessary.

Current Members

For More Information

For more information on the Board of Building Code Appeals, please email G. W. Gray, Building Official, or call (540) 672-4574.