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Construction Board of Appeals update: city official says board rarely meets; board reviews code enforcement, cannot waive code
Summary
Richard Bigelow, Pocatello building official, told council the Construction Board of Appeals reviews disputed code decisions but does not have authority to waive code requirements; the board met only twice in nearly six years, according to staff.
Richard Bigelow, building official for the City of Pocatello, told council members at the April 3 work session that the Construction Board of Appeals exists to hear appeals from builders or homeowners who disagree with a code decision. Bigelow said the board “doesn’t have the authority to waive code requirements” and that its role is to verify that inspectors and staff applied the building code correctly.
Bigelow said the city’s board is composed of industry professionals — architects, plumbers, electricians and builders — and that appointments are structured to ensure trade knowledge on the panel. He characterized the board’s rare use as a success, saying he has been building official “almost six years now” and the board has met only twice in that period.
Council members asked about the board’s authority. Bigelow described the board as an appeals forum whose determinations confirm whether the city followed code intent; only city council can waive local code requirements. He gave an example raised earlier in council — a request to use portable toilets in place of fixed restroom fixtures — and said the code board could not waive the fixture requirements and the council would have to act on any waiver.
Bigelow described the city’s outreach to the building trade and his department’s participation in the builders association as part of a collaborative approach to enforcement and dispute avoidance. He also answered questions about permit activity and bonding, telling council that several large permits were active, including a high school addition and other commercial projects, and that the department is seeing high townhouse development interest.
On contractor bonds, the building official said the city requires contractor licensing and bonds; bonds are intended to provide a remedy for performance or warranty failures but can be exhausted if multiple claimants exist. The official said bond amounts vary by license class and that he would follow up with specific bond figures.
