Building Board of Appeals

Building Board of Appeals Members

• Cassie Pospishil — Term Expires — December 2026
• Nick Kapperman — Term Expires — June 2025*
• Wes Engbers — Term Expires — December 2026*
• Ryan Kranz — Term Expires — December 2026
• Rex Hambrock — Term Expires — January 2026*

* Second Term

112.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of this code, to review all proposed changes to the respective codes and to submit recommendations to the responsible official and the city council, to review requests for house moves, and to examine applicants for licensing and to investigate matters brought before the Board, there shall be and is hereby created a Board of Appeals and Examiners. The building official shall be an ex officio member of the Board but shall have no vote on any matter before the Board. Members shall be appointed by the Mayor with the consent of the Council and shall hold office for a term of three years. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building and/or fire official.

The Board in exercising its authority over house moving may deny the building request, or may require additional stipulations to be placed on the building permit to address the protection of the property values and neighborhood compatibility.

112.2 Limitation on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority relative to the interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.

• Building Board of Appeals
• Electrical Board of Appeals and Examiners
• Plumbing Board of Appeals and Examiners
• Mechanical Board of Appeals and Examiners

The Building Board of Appeals oversees the interpretation and application of the 2018 International Building Code, International Residential Code, International Existing Building Code

The current adopted codes can be found here.

This section provides an aggrieved party with a material interest in the decision of the building official a process to appeal such a decision before a board of appeals. This provides a forum, other than the court of jurisdiction, in which to review the building official’s actions or more specifically, the interpretation of any provision of the applicable code. This section literally allows any person to appeal a decision of the building official.  The intent of the appeal process is intended to provide a means of reviewing a building official’s decision on an interpretation or application of the code or to review the equivalency of an alternative which meets the intent of the appealed life safety code provision.

No. The application for an appeal typically claims that the intent of the code provision is incorrectly interpreted by building services staff, that a certain code provision does not fully apply or that an equal or better form of construction is proposed as an alternate to the specific code provision. The Boards do not have the authority to simply waive a requirement of the code. On the other hand, if a decision by a Board did in fact waive a requirement of the code provision, the Board could direct the Building Official to propose an ordinance to the specific code section for the City Council’s review.

No. The administrative provisions found in either the national model codes or local ordinances define the duties and powers of the building official concerning such items as permits, inspections, rights of entry, plan submittal documents, fee schedules, violation abatements etc. It defines the duties of department staff and are not technical life safety provisions that the Board is charged with reviewing.

• Prior to submitting and ordinance change to the city council, the proposed modification is presented to the respective Board for discussion, review and consensus to make recommendations on the ordinance change prior to submitting the ordinance change to the City Council. At the national level, the code making authorities update and publish a new national model code standard every three years. The opinion of the respective Boards and subsequent recommendations are sought for all local code changes proposed prior to presenting the adoption of a national model code to the city council.
• The Building Board of Appeals is charged with reviewing a house move into a residential area if a hearing is requested from the neighbors.
• The Building, Electrical, Plumbing and Mechanical Boards oversee the licensures which are charged by ordinance to each respective division. The Boards grade and oversee the testing of licensed contractors, journeymen etc. If a hearing is deemed necessary to review, censure or revoke a residential contractor’s, mechanical contractor’s, plumbing contractor’s or an electrical contractor’s license, the respective board is charged with holding a hearing to make a determination on the license issue.

Each Board is scheduled to meet monthly. The times, dates and locations are on the Building Services web site. Special hearings can be arranged subject approval of the chair of the Board

An application to request a hearing can be obtained at Building Services or on the Building Services web site. A $65 filing fee to accommodate the time spent by staff is charged for an appeal. There are no charges for an appeal requested for the Property Maintenance Board of Appeals. An application is submitted and the secretary of the Board sends an agenda typically a week before the hearing to the Board members.