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Commission establishes international residential code board of appeals with authority to appoint technical experts
Summary
The board adopted a resolution to establish a board of appeals to hear building code interpretation appeals under the International Residential Code (IRC); the resolution permits the Board of County Commissioners to serve as the appeals board and to appoint qualified experts for highly technical matters.
The Gilpin County Board of County Commissioners adopted a resolution on Oct. 14 establishing a mechanism to hear appeals under the International Residential Code (IRC) and clarified how appeals will be processed locally.
Community Development Director Jamie Boyle explained that the county’s local adoption of the IRC requires a board of appeals mechanism. The county’s zoning regulations already assigned certain engineering and construction standard appeals to the BOCC; the resolution formalizes the process and requires that appeals be filed within 30 days of a building official’s decision. The board’s powers are limited to assessing whether the building official misinterpreted the code, whether a code provision does not apply, or whether an alternative is equally effective; the appeals board cannot waive code requirements or grant variances.
Boyle and legal staff recommended a fee equal to the county’s variance application fee (noted in discussion as typically in the $500–$800 range) to cover administrative costs, contracted staff time and noticing. The resolution as amended lets the BOCC serve as the board of appeals but also allows commissioners to appoint one or more qualified professionals with relevant training and experience to sit in their stead for highly technical matters; commissioners agreed to set a minimum of three members when the board convenes as appeals body.
The resolution passed by voice vote, recorded as 3 ayes, 0 noes.
