Appeal Process
An applicant for a permit, or a permit holder, as appropriate, may appeal the Fire Marshal’s refusal to issue, or decision to revoke a permit. Appeals shall be in accordance with G.S. §§ 143-140 and 143- 141. Appeals must be made in writing within 30 days of interpretation. All appeals shall follow the prescribed method as set forth in these statutes not only as to permits but also as to any interpretation or variation of the Fire Code.
G.S. § 143-140. Hearings before enforcement agencies as to questions under Building Code.
(a) Any person desiring to raise any questions under this Article or under the North Carolina State Building Code shall be entitled to a technical interpretation from the appropriated enforcement agency, as designated in the preceding section. Upon request in writing by any such person, the enforcement agency through an appropriated official shall within a reasonable time provide a written interpretation, setting forth the facts found, the decision reached and the reasons therefore. In the event of dissatisfaction with such decision, the person affected shall have the options of:
(1) Appealing to the Building Code Council or
(2) Appealing directly to the Superior Court, as provided in G.S. § 143-141.
(b) If an interpretation under this section or under G.S. 143-141(b) changes after a building permit is issued, the permit applicant may choose which version of the interpretation will apply to the permit, unless such a choice would cause harm to life or property.
G.S. § 143-141. Appeals to Building Code Council.
(a) Method of Appeal. Whenever any person desires to take an appeal to the Building Code Council from the decision of a State enforcement agency relating to any matter under this Article or under the North Carolina State Building Code, he shall within 30 days after such decision give written notice to the Building Code Council through the Division of Engineering of the Department of Insurance that he desires to take appeal. A copy of such notice shall be filed at the same time with the enforcement agency from which the appeal is taken. The chairman of the Building Code Council shall fix a reasonable time and place for a hearing, giving reasonable notice to the appellant and to the enforcement agency. Such hearing shall be not later than the next regular meeting of the Council. The Building Code Council shall thereupon conduct a full and complete hearing as to the matters in controversy, after which it shall within a reasonable time give a written decision setting forth its findings of fact and its conclusions.
(b) Interpretations of the Code. The Building Code Council shall have the duty, in hearing appeals; to give interpretations of such provisions of the Building Code as shall be pertinent to the matter at issue. Where the Council finds that an enforcement agency was in error in its interpretation of the Code, it shall remand the case to the agency with instructions to take such action as it directs. Interpretations by the Council and local enforcement officials shall be based on a reasonable construction of the Code provisions.
(c) Variations of the Code. Where the Building Code Council finds on appeal that materials or methods of construction proposed to be used are as good as those required by the Code, it shall remand the case to the enforcement agency with instructions to permit the use of such materials or methods of construction. The Council shall thereupon immediately initiate procedures for amending the Code as necessary to permit the use of such materials or methods of construction.
(d) Further Appeals to the Courts. Whenever any person desires to take a appeal from a decision of the Building Code Council or from the decision of an enforcement agency (with or without an appeal to the Building Code Council), he may take an appeal either to the Wake County Superior Court or to the Superior Court of the county in which the proposed building is to be situated, in accordance with the provisions of Chapter 150B of the General Statutes.
(Ord. O-02-08, passed 6-5-2008)