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CHAPTER 3
RULES GOVERNING APPEALS TO THE
BUILDING CODE APPEALS BOARD
Section 1. Authority.
This chapter is adopted pursuant to the authority granted by W.S. 35-9-121(c).
Section 2. Definitions.
As used in this chapter, the following definitions apply:
(a) “Appellant” means an individual or legal entity that is appealing a decision or order of the Director to the Building Code Appeals Board.
(b) “Board” means the Campbell County Building Code Appeals Board, created by Resolution Number 1449.
(c) “Code” means the applicable Building, Plumbing, Mechanical, Fire, or Electrical Code, as adopted by the Campbell County Board of County Commissioners.
(d) “Department” means the Campbell County Department of Building and Planning, created by Resolution Number 1429.
(e) “Director” means the director of the Campbell County Department of Building and Planning.
Section 3. Effective Date.
(a) The provisions of this chapter shall apply to any decision or order of the Director made or issued on or after July 1, 2003.
Section 4. Appealable Decisions.
(a) The following are appealable to the Board:
(i) Orders to stop work;
(ii) Orders denying a certificate of occupancy;
(iii) Orders denying a building permit, electrical wiring permit, mechanical permit, small wastewater system permit, or plumbing permit;
(iv) Decisions regarding the use of alternate materials or methods of construction that are different than those specified in the code; and
(v) Decisions regarding the interpretation of code provisions.
Section 5. Filing Appeals.
(a) Any person aggrieved by a decision or order of the Director may initiate an appeal to the Board by filing a Notice of Appeal with the Secretary on a form supplied by the Secretary within thirty (30) days after the date of the decision or order.
(b) The Notice of Appeal shall include a statement of the reasons for the appeal, and shall have a copy of the written decision or order being appealed attached.
Section 6. Secretary.
(a) The Board shall appoint a county employee to serve as its Secretary.
(b) The Secretary shall receive and maintain a record of all Notices of Appeal and other documents filed with the Board.
(c) The Secretary shall take minutes at all meetings of the Board and maintain a permanent record of the Board’s minutes.
Section 7. Director’s Response.
(a) Upon receipt of a Notice of Appeal, the Secretary shall immediately notify the Director of the appeal and provide the Director with a copy.
(b) The Director shall file a response to the appeal with the Secretary and send a copy of the response to the appellant.
Section 8. Hearings.
(a) The Board shall set a time and place for the appeal to be heard. The Secretary shall notify the appellant of the hearing at least ten (10) days prior to the hearing, unless the appellant waives this minimum notice requirement. The Board shall hold the hearing not more than fifteen (15) business days after the appeal is filed.
(b) Appellants may be represented by legal counsel at the hearing.
(c) Hearings shall be conducted as a contested case in accordance with W.S. 16-3-107 through 16-3-112.
(d) The Board shall issue a written decision on the appeal no later than ten (10) days after conclusion of the hearing.
Section 9. Appeals from Decisions of the Building Code Appeals Board.
(a) Decisions of the Building Code Appeals Board may be appealed to the Board of County Commissioners only by the Director or the Appellant.
(b) Appeals to the Board of County Commissioners shall be initiated by filing a Notice of Appeal with the Office of the Commissioners. To be considered timely, the Notice of Appeal shall be received by the Office of the Commissioners no later than fifteen (15) days after the date of the written decision being appealed.