Building Code Appeals Board

Purpose
When reviewing a code modification request or conducting an inspection, code officials and their representatives ensure the spirit and intent of the applicable codes and laws are observed and public health, safety and welfare are assured.

When a plan review or inspection is failed, a code modification request is denied, a notice of violation is issued or the code official applies a particular code section in a manner with which you do not agree, you can appeal to the Building Code Appeals Board (BCAB). Appeals Procedures and Policies


How to File an Appeal

 

The BCAB consists of five members appointed by the Stafford County Board of Supervisors. The BACB is composed of architects, engineers, builders, property managers or construction superintendents as recommended by the Uniform Statewide Building Code. No Stafford County employee can serve as a member of the BCAB. No member of the BCAB can hear an appeal in which he or she has any personal, professional or financial interest. 
  • Requests must be submitted within 30 calendar days for new construction issues. Failure to submit a request for an appeal within the time limit above will constitute acceptance of the code official's decision.
  • Submit $500 appeal fee, refundable only if BCAB rules in favor of appellant.
  • Submit the appeal application or a written request in person at the George L. Gordon, Jr. Government Center at 1300 Courthouse Road or mail to the following address:
    Stafford County - Building Code Appeals Board - Chairperson
    PO Box 339
    Stafford VA 22555-0339
  • The appeal can be filed by a building owner, the owner's agent or any person involved in the design, construction or maintenance of the building.

Hearing Process


The Building Code Appeals Board (BCAB) will convene upon request at a time agreed upon by all parties concerned and efforts to consider the schedules of those involved will be made. Regardless of circumstances, the hearing shall occur within 90 days of receipt of the appeals application. The BCAB chairperson will coordinate the scheduling of all appeals within the parameters set forth. 
  • Hearings of the BCAB are open to the public.
  • The BCAB will hear testimony from the appellant, the code official, their representatives or any person whose interests may be affected by the matter on appeal.  NoteYou or your representative should attend the meeting. Failure to show up at the hearing does not postpone or cancel the appeal.
  • After testimony, the BCAB will deliberate and vote. A concurring vote of the majority of the BCAB members present is required to uphold, reverse or modify the decision of the code official.
  • A certified copy of the resolution of the BCAB will be furnished to you and the code official. Once a decision has been made, you and the code official must take immediate action to comply with the decision.

Appealing the Decision of the BCAB

You may appeal the decision of the BCAB to the State Building Code Technical Review Board (TRB). Appeal requests must be filed within 21 calendar days of the receipt of the resolution of the BCAB. Hearings are held monthly in Richmond. Application forms are available at the following address:
State Building Code Technical Review Board
501 N Second Street
Richmond VA 23219

Please note the code official also has the ability to appeal the BCAB decision to the TRB. If this is the case, you are expected to appear before the TRB to defend your original appeal.