Board of Building and Fire Code Appeals

Right to Appeal

Any person aggrieved by the decision of the building/maintenance/amusement device official concerning application of the Uniform Statewide Building Code or Virginia Amusement Device regulations, or the fire official concerning application of the Statewide Fire Prevention Code may appeal to the Board of Building and Fire Code Appeals. The appeal must be submitted in writing to the Board of Building and Fire Code Appeals within the applicable time frames:

• For Virginia Construction Code and Virginia Existing Building Code decisions, 30 calendar days from receipt of the decision being appealed.
• For Virginia Statewide Fire Prevention Code, Virginia Maintenance Code and Virginia Amusement Device regulations, 14 calendar days from receipt of the decision being appealed.

Filing an Appeal

To file an appeal:

1. If you do not already have the decision of the code official in writing (letter, email, inspection report/ticket) request a written decision from the code official that you wish to appeal.

The building/maintenance/amusement device official is:

Ron Clements
Chesterfield County Building Inspection
9800 Government Center Parkway
Chesterfield, VA 2383
804-751-4163

The fire official is:

Keith Chambers
Chesterfield County Fire and EMS
6731 Mimms Loop
Chesterfield, VA 23832
804-768-7439

2. Send a letter or email to the Board of Building and Fire Code Appeals requesting an appeal and specify the specific decision(s) being appealed. A copy of the code official’s decision(s) shall be submitted along with the application for appeal. The request letter must be submitted within the timeframes noted in the “Right to Appeal” section of this document.

Jack R. Wilson
C/O Erin White
Chesterfield County Board of Building and Fire Code Appeals
9800 Government Center Parkway
Chesterfield, VA 23838
804-717-6462

3. When the request for appeal is received a hearing of the Board of Building and Fire Code Appeals will be scheduled for a date within 30 calendar days. The Board of Building and Fire Code Appeals will contact the applicant to arrange for a date and time. Typically the appeals cases are scheduled for early evening. The meeting is a public meeting and will be advertised so any citizen may attend.

Appeal Hearings

At the appeal hearing the appellant may provide additional evidence, documents, photographs, etc. If copies are provided to the Board of Building and Fire Code Appeals prior to the meeting the secretary will make copies and provide them to the board members. Documents brought to the meeting by the appellant can be circulated to the board. The hearing room has a computer with projection available so if the appellant wishes to show pictures, documents or PowerPoint slides this can be accommodated. The hearing will be called to order by the chair. The chair will ask for the appellant to make their case first. The chair will then ask the county to make its case. Any board member may ask questions during the testimony. The chair has the authority to rule on evidence, direct the hearing and oversee the record of proceedings. The appellant may bring a representative(s). The appellant, their representative(s), county staff and any person whose interests are affected by the code official’s decision, may have an opportunity to speak. Once presentation of the evidence and testimony has concluded the chair will call for a motion from the committee. The decision of the Board of Building and Fire Code Appeals is by a simple majority of the Board of Building and Fire Code Appeals members present. A quorum of the Board of Building and Fire Code Appeals is not required; however, if a quorum is not present any party involved in the appeal has the right to request a postponement of the hearing to be rescheduled within 30 days or a longer time period if agreed to by all parties.

Board of Building and Fire Code Appeals Decisions

The decision of the Board of Building and Fire Code Appeals will be issued and signed by the Board of Building and Fire Code Appeals chair. Any person that is party to the appeal may appeal the decision of the Board of Building and Fire Code Appeals to the State Building Code Technical Review Board. Appeals to the State Building Code Technical Review Board shall be made by application within 21 calendar days of the Board of Building and Fire Code Appeals decision. Application forms are available from the Office of the State Building Code Technical Review Board, 600 East Main Street, Richmond, Virginia 23219; for more information, call 804-371-7150. The application must be submitted to the State Building Code Technical Review Board by certified mail.