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Board of Building and Fire Code Appeals
Purpose
The Board of Building and Fire Code Appeals hears appeals of decisions of the building/maintenance official concerning application of the Uniform Statewide Building Code (USBC) and the fire official concerning application of the Statewide Fire Prevention Code (SFPC). The appeals board has the authority to uphold, reverse or modify the decision of the building/maintenance official or fire official regarding application of the code. The decision of the local appeals board is final unless the decision is appealed to the State Building Code Technical Review Board (SBCTRB).
Meetings
- Meets as needed
- Chesterfield County Community Development Building
9800 Government Center Parkway
Chesterfield VA, 23832
Membership
- Number of Members: Five regular, three alternate
- Comments: The County Code requires five regular and three alternate members. State code requires that members should represent different occupational or professional fields relating to the construction and fire protection industries. At least one member should be an experienced builder; at least one member should be a registered design professional, and at least one member should be an experienced property manager.
- Compensation: $25 per hour
- Term of Service: Three-year terms
Members
- Michael Bricker, At-large representative (Architect)
Term expires November 19, 2024 - R. Christian Eudailey, At-large representative (Retired Fire Chief)
Term expires June 30, 2024 - C. Brown Pearson, At-large representative (Property Manager)
Term expires October 31, 2023 - Jack R. Wilson III, At-large representative
Term expires June 30, 2024 - Vacancy, At-large representative (Builder)
Term expires November 19, 2024 - Vacancy, Alternate (Architect or Engineer)
Term expires November 19, 2024 - Vacancy, Alternate (Builder)
Term expires November 19, 2024 - Vacancy, Alternate (Property Manager)
Term expires October 31, 2023
Right to Appeal
Any person aggrieved by the decision of the building/maintenance/amusement device official concerning application of the Uniform Statewide Building Code or Virginia Amusement Device regulations, or the fire official concerning application of the Statewide Fire Prevention Code may appeal to the Board of Building and Fire Code Appeals. The appeal must be submitted in writing to the Board of Building and Fire Code Appeals within the applicable time frames:
- For Virginia Construction Code and Virginia Existing Building Code decisions, 30 calendar days from receipt of the decision being appealed.
- For Virginia Statewide Fire Prevention Code, Virginia Maintenance Code and Virginia Amusement Device regulations, 14 calendar days from receipt of the decision being appealed.
Filing an Appeal
To file an appeal:
1. If you do not already have the decision of the code official in writing (letter, email, inspection report/ticket) request a written decision from the code official that you wish to appeal.
The building/maintenance/amusement device official is:
Ron Clements
Chesterfield County Building Inspection
9800 Government Center Parkway
Chesterfield, VA 2383
804-751-4163
The fire official is:
Keith Chambers
Chesterfield County Fire and EMS
6731 Mimms Loop
Chesterfield, VA 23832
804-768-7439
2. Send a letter or email to the Board of Building and Fire Code Appeals requesting an appeal and specify the specific decision(s) being appealed. A copy of the code official’s decision(s) shall be submitted along with the application for appeal. The request letter must be submitted within the timeframes noted in the “Right to Appeal” section of this document.
Jack R. Wilson
C/O Erin White
Chesterfield County Board of Building and Fire Code Appeals
9800 Government Center Parkway
Chesterfield, VA 23838
804-717-6462
3. When the request for appeal is received a hearing of the Board of Building and Fire Code Appeals will be scheduled for a date within 30 calendar days. The Board of Building and Fire Code Appeals will contact the applicant to arrange for a date and time. Typically the appeals cases are scheduled for early evening. The meeting is a public meeting and will be advertised so any citizen may attend.
Appeal Hearings
At the appeal hearing the appellant may provide additional evidence, documents, photographs, etc. If copies are provided to the Board of Building and Fire Code Appeals prior to the meeting the secretary will make copies and provide them to the board members. Documents brought to the meeting by the appellant can be circulated to the board. The hearing room has a computer with projection available so if the appellant wishes to show pictures, documents or PowerPoint slides this can be accommodated. The hearing will be called to order by the chair. The chair will ask for the appellant to make their case first. The chair will then ask the county to make its case. Any board member may ask questions during the testimony. The chair has the authority to rule on evidence, direct the hearing and oversee the record of proceedings. The appellant may bring a representative(s). The appellant, their representative(s), county staff and any person whose interests are affected by the code official’s decision, may have an opportunity to speak. Once presentation of the evidence and testimony has concluded the chair will call for a motion from the committee. The decision of the Board of Building and Fire Code Appeals is by a simple majority of the Board of Building and Fire Code Appeals members present. A quorum of the Board of Building and Fire Code Appeals is not required; however, if a quorum is not present any party involved in the appeal has the right to request a postponement of the hearing to be rescheduled within 30 days or a longer time period if agreed to by all parties.
Board of Building and Fire Code Appeals Decisions
The decision of the Board of Building and Fire Code Appeals will be issued and signed by the Board of Building and Fire Code Appeals chair. Any person that is party to the appeal may appeal the decision of the Board of Building and Fire Code Appeals to the State Building Code Technical Review Board. Appeals to the State Building Code Technical Review Board shall be made by application within 21 calendar days of the Board of Building and Fire Code Appeals decision. Application forms are available from the Office of the State Building Code Technical Review Board, 600 East Main Street, Richmond, Virginia 23219; for more information, call 804-371-7150. The application must be submitted to the State Building Code Technical Review Board by certified mail.
Contact Us
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Board of Appeals for Virginia Uniform Statewide Building and Fire Code
Ron Clements
Phone: 804-748-1057
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Want to Participate?
Anyone interested in serving the county must complete the boards and commission application form. If you need additional information about a particular board or commission, please contact the Clerk’s Office at 804-796-7099.