A. Any affected person, agency or organization may appeal a decision made by the Building Official by submitting, within thirty (30) days of the decision, a written request for an appeal hearing before Board of Building Code Appeals, an explanation of the grounds for the appeal, and applicable fees. An affected person is defined as one having an interest in real property which may be affected by the decision. Appeals of the decisions of the Board of Building Code Appeals shall be heard by the Board of County Commissioners. Appeals shall be in writing in a form acceptable to the jurisdiction and made within thirty (30) days after the decision of the Board of Building Code Appeals. Appeals of the Boards decision shall be made in accordance with Idaho State law. The Board of County Commissioners may adopt, by ordinance or resolution, procedures for the hearing of appeals brought pursuant to the provisions of this chapter.
B. Appeals shall be based on a claim that the true intent of this code, or any of the codes adopted herein, has been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. A denial of a permit, Certificate of Occupancy, or Certificate of Completion due to the refusal of a jurisdiction other than Shoshone County to approve the permit or certificate, may also be appealed.
C. The Board of Building Code Appeals shall not have the authority to recommend waiver of any requirement of any of the codes adopted herein. The Board of County Commissioners shall not have authority to waive any requirement of any of the codes adopted herein. (Ord. 163, 5-18-2021)