(a) Method of Appeal. Whenever any person desires to take anappeal to the Building Code Council from the decision of a State enforcementagency relating to any matter under this Article or under the North CarolinaState Building Code, he shall within 30 days after such decision give writtennotice to the Building Code Council through the Division of Engineering of theDepartment of Insurance that he desires to take an appeal. A copy of suchnotice shall be filed at the same time with the enforcement agency from whichthe appeal is taken. The chairman of the Building Code Council shall fix areasonable time and place for a hearing, giving reasonable notice to theappellant and to the enforcement agency. Such hearing shall be not later thanthe next regular meeting of the Council. The Building Code Council shallthereupon conduct a full and complete hearing as to the matters in controversy,after which it shall within a reasonable time give a written decision settingforth its findings of fact and its conclusions.
(b) Interpretations of the Code. The Building Code Councilshall have the duty, in hearing appeals, to give interpretations of suchprovisions of the Building Code as shall be pertinent to the matter at issue.Where the Council finds that an enforcement agency was in error in itsinterpretation of the Code, it shall remand the case to the agency withinstructions to take such action as it directs. Interpretations by the Counciland local enforcement officials shall be based on a reasonable construction ofthe Code provisions.
(c) Variations of the Code. Where the Building Code Councilfinds on appeal that materials or methods of construction proposed to be usedare as good as those required by the Code, it shall remand the case to theenforcement agency with instructions to permit the use of such materials ormethods of construction. The Council shall thereupon immediately initiateprocedures for amending the Code as necessary to permit the use of such materialsor methods of construction.
(d) Further Appeals to the Courts. Whenever any person desiresto take an appeal from a decision of the Building Code Council or from thedecision of an enforcement agency (with or without an appeal to the Building CodeCouncil), he may take an appeal either to the Wake County Superior Court or tothe superior court of the county in which the proposed building is to besituated, in accordance with the provisions of Chapter 150B of the GeneralStatutes. (1957, c. 1138;1973, c. 1331, s. 3; 1987, c. 827, s. 1; 1997‑26, s. 7.)
(a) Method of Appeal. Whenever any person desires to take anappeal to the Building Code Council from the decision of a State enforcementagency relating to any matter under this Article or under the North CarolinaState Building Code, he shall within 30 days after such decision give writtennotice to the Building Code Council through the Division of Engineering of theDepartment of Insurance that he desires to take an appeal. A copy of suchnotice shall be filed at the same time with the enforcement agency from whichthe appeal is taken. The chairman of the Building Code Council shall fix areasonable time and place for a hearing, giving reasonable notice to theappellant and to the enforcement agency. Such hearing shall be not later thanthe next regular meeting of the Council. The Building Code Council shallthereupon conduct a full and complete hearing as to the matters in controversy,after which it shall within a reasonable time give a written decision settingforth its findings of fact and its conclusions.
(b) Interpretations of the Code. The Building Code Councilshall have the duty, in hearing appeals, to give interpretations of suchprovisions of the Building Code as shall be pertinent to the matter at issue.Where the Council finds that an enforcement agency was in error in itsinterpretation of the Code, it shall remand the case to the agency withinstructions to take such action as it directs. Interpretations by the Counciland local enforcement officials shall be based on a reasonable construction ofthe Code provisions.
(c) Variations of the Code. Where the Building Code Councilfinds on appeal that materials or methods of construction proposed to be usedare as good as those required by the Code, it shall remand the case to theenforcement agency with instructions to permit the use of such materials ormethods of construction. The Council shall thereupon immediately initiateprocedures for amending the Code as necessary to permit the use of such materialsor methods of construction.
(d) Further Appeals to the Courts. Whenever any person desiresto take an appeal from a decision of the Building Code Council or from thedecision of an enforcement agency (with or without an appeal to the Building CodeCouncil), he may take an appeal either to the Wake County Superior Court or tothe superior court of the county in which the proposed building is to besituated, in accordance with the provisions of Chapter 150B of the GeneralStatutes. (1957, c. 1138;1973, c. 1331, s. 3; 1987, c. 827, s. 1; 1997‑26, s. 7.)
(a) Method of Appeal. Whenever any person desires to take anappeal to the Building Code Council from the decision of a State enforcementagency relating to any matter under this Article or under the North CarolinaState Building Code, he shall within 30 days after such decision give writtennotice to the Building Code Council through the Division of Engineering of theDepartment of Insurance that he desires to take an appeal. A copy of suchnotice shall be filed at the same time with the enforcement agency from whichthe appeal is taken. The chairman of the Building Code Council shall fix areasonable time and place for a hearing, giving reasonable notice to theappellant and to the enforcement agency. Such hearing shall be not later thanthe next regular meeting of the Council. The Building Code Council shallthereupon conduct a full and complete hearing as to the matters in controversy,after which it shall within a reasonable time give a written decision settingforth its findings of fact and its conclusions.
(b) Interpretations of the Code. The Building Code Councilshall have the duty, in hearing appeals, to give interpretations of suchprovisions of the Building Code as shall be pertinent to the matter at issue.Where the Council finds that an enforcement agency was in error in itsinterpretation of the Code, it shall remand the case to the agency withinstructions to take such action as it directs. Interpretations by the Counciland local enforcement officials shall be based on a reasonable construction ofthe Code provisions.
(c) Variations of the Code. Where the Building Code Councilfinds on appeal that materials or methods of construction proposed to be usedare as good as those required by the Code, it shall remand the case to theenforcement agency with instructions to permit the use of such materials ormethods of construction. The Council shall thereupon immediately initiateprocedures for amending the Code as necessary to permit the use of such materialsor methods of construction.
(d) Further Appeals to the Courts. Whenever any person desiresto take an appeal from a decision of the Building Code Council or from thedecision of an enforcement agency (with or without an appeal to the Building CodeCouncil), he may take an appeal either to the Wake County Superior Court or tothe superior court of the county in which the proposed building is to besituated, in accordance with the provisions of Chapter 150B of the GeneralStatutes. (1957, c. 1138;1973, c. 1331, s. 3; 1987, c. 827, s. 1; 1997‑26, s. 7.)
