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Escambia County board denies late appeal of building official decision after appellants fail to appear
Summary
The Escambia County Contractor Competency Board denied an appeal by Carrie Holmes and Austin Smith of a building-official determination, concluding the appellants did not attend to meet the burden of proof and staff’s interpretation and evidence supported the building official. The vote was unanimous.
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Chair Lister opened the July 1, 2026 meeting of the Escambia County Contractor Competency Board and the board took up an appeal filed by Carrie Holmes and Austin Smith challenging a decision by building official Tim Talbert under Escambia County code. Board staff explained that appeals to this board must show that the true intent or application of the code was incorrectly interpreted and that the burden of proof rests with the appellant.
Reber, a building services investigator, summarized the county’s position and the backup documentation, including the building-code exemptions for small accessory structures. Reber told the board that the complainant’s materials were in the record but that neither Holmes nor Smith had appeared at the hearing to present evidence or testimony. "Escambia County Building Services received a complaint alleging..." the investigator said while recounting the complaint and the staff investigation findings.
Board members asked whether the appellants had been properly served and whether staff had received any representation; staff confirmed the appellants were notified. After discussing the code language that exempts certain playhouses and accessory structures from permit requirements and reviewing the building official’s memorandum, the board concluded there was insufficient evidence before it to sustain an appeal overturning the building official’s determination.
A motion to deny the appeal for failure to state a claim was made, seconded and passed unanimously. Chair Lister noted for the record the board’s limited authority to interpret the county code and thanked building staff for the documentation. The board added the staff handout to the record and moved on to the next agenda item.

