Collegedale establishes a new Board of Building Construction Appeals


At the March 1 Collegedale commission meeting, Mayor Katie Lamb nominated Paul Frieson, Todd Leamon and Jerry Moody as members for the newly established Board of Building Construction Appeals. Commissioners approved all three nominees.

Building and Codes Director Andrew Morkert suggested that Lamb nominate the three now-approved members, since each serves on other boards at Collegedale relating to construction and building.

At the Jan. 25 commission workshop, Morkert presented the need for the Board of Building Construction Appeals. According to the Jan. 25 commission workshop minutes, the commission agreed to continue the process of creating this board by voting on its ordinance at the Feb. 1 commission meeting. 

The purpose of the board is to serve the owner of a building, structure or structure system if they choose to appeal a decision made by the building and codes director, according to Ordinance #1090, the law establishing the board of appeals.

At the Feb. 1 commission meeting, all commissioners voted unanimously to the first hearing of the approval of the Board of Building Construction Appeals, according to the Feb. 1 commission meeting minutes. 

According to Ordinance #1090, a written notice will be filed within 30 days after the decision by the building and codes director. If the project is deemed unsafe by the building and codes director, they have the right to shorten the appeal time. If this is the case, the director must write the specific reasoning for shortening the time period and prove a copy to the property owner. 

The board will look at an appeal within 45 days after it was filed and will reach a decision 30 days after initial consideration of the appeal. Each decision made by the board members will be written down and will include reasonings for the decisions that will be signed by the chairman of the board. 

“If a decision of the board reverses or modifies a decision of the building and codes director, or varies that application of any provision of the adopted code, the building and codes director shall immediately take action in accordance with that decision,” according to Ordinance #1090.

Decisions made by the Board of Building Constructions Appeals are final. Any revisions or reviews must be obtained in the court of law, according to Ordinance #1090. 

The board was officially established by all the commissioners at the second hearing on Feb. 15, according to commission minutes.  

“Although this board may not meet very often, it will provide applicants an opportunity for their position to be heard, by a qualified panel of board members, concerning conditions as outlined in the above attachment,” Morkert said.

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