Local Board of Building Code Appeals (LBBCA) & Board of Fire Prevention Code Appeals (BFPCA)

Composition:

There are five members on the Local Board of Building Code Appeals (LBBCA) and they are appointed by the Board of Supervisors.

 They shall be selected by the locality on the basis of their ability to render fair and competent decisions and shall to the extent possible represent different occupational or professional fields relating to the construction and fire prevention industry.  At least one member should be an experienced builder, one member should be a Registered Design Professional, one member should be an experienced property manager, and one member should be experienced in fire prevention.  Employees or officials of the locality shall not serve as members of the LBBCA. There is no requirement that members be appointed by district.  Alternate members may be appointed to serve in the absence of any regular members and shall have the full power and authority of regular members.

 The LBBCA also serves as the Board of Fire Prevention Code Appeals (BFPCA) as required by Section 46-43 of the County Code.

 The LBBCA shall annually select one of its regular members to serve as chairman. When the chairman is not present at an appeal hearing, the members present shall select an acting chairman. The locality or the chief executive officer of the locality shall appoint a secretary to the LBBCA to maintain a detailed record of all proceedings. Written records of current membership, including a record of the current chairman and secretary shall be maintained in the office of the locality.

No member shall hear an appeal in which that member has a conflict of interest in accordance with the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq. of the Code of Virginia). Members shall not discuss the substance of an appeal with any other party or their representatives prior to any hearings.

Term:

The term is five years and regular and alternate members may be reappointed. Initial appointment terms shall be as follows:

   1 member  -    3 years

  2 members  -   4 years

  2 members  -   5 years each

 After the initial term, the appointment shall be made for a term of 5 years.

Appointments to fill vacancies shall only be for the unexpired portion of the term. 

Mission:

The Local Board of Building Code Appeals (LBBCA) is established as required by Section 36-105 of the Code of Virginia.  The mission of the Board shall be to hear appeals arising from enforcement of the Virginia Uniform Statewide Building Code (VUSBC).  The Board shall meet, conduct hearings and render decisions in accordance with the applicable provisions of the VUSBC concerning local appeals.  When the LBBCA operates as the Board of Fire Prevention Code Appeals (BFPCA), it does so as required by Section 46-43 of the County Code.  Its mission is to hear appeals from enforcement of the Virginia Statewide Fire Prevention Code and to operate in accordance with that Code.  

 The applicant shall submit a written request for appeal to the LBBCA within 30 calendar days of the receipt of the decision being appealed. The LBBCA shall meet within 30 calendar days after the date of receipt of the application for appeal, except that a longer time period shall be permitted if agreed to by all the parties involved in the appeal. A notice indicating the time and place of the hearing shall be sent to the parties in writing to the addresses listed on the application at least 14 calendar days prior to the date of the hearing, except that a lesser time period shall be permitted if agreed to by all the parties involved in the appeal. When a quorum of the LBBCA is not present at a hearing to hear an appeal, any party involved in the appeal shall have the right to request a postponement of the hearing. The LBBCA shall reschedule the appeal within 30 calendar days of the postponement, except that a longer time period shall be permitted if agreed to by all the parties involved in the appeal.

 All hearings before the LBBCA shall be open meetings and the appellant, the appellant's representative, the locality's representative and any person whose interests are affected by the building official's decision in question shall be given an opportunity to be heard. The chairman shall have the power and duty to direct the hearing, rule upon the acceptance of evidence and oversee the record of all proceedings. The LBBCA shall have the power to uphold, reverse or modify the decision of the official by a concurring vote of a majority of those present. 

After final determination by the LBBCA in an appeal, any person who was a party to the appeal may further appeal to the State Review Board. Decisions of the LBBCA shall be final if no further appeal is made.

Where/When Meet:

The Board meets on an as needed basis at a County facility. 

Notification Requirements:

Meetings are open to the public, with notice as required by the FOIA.  Specific notice must be sent to the parties involved.

Compensation:

None.