SPEARFISH, SD – Spearfish is establishing a Building Board of Appeals to hear and decide appeals related to the application and interpretation of building codes enforced by the City, with the first reading of the revised ordinance to go before the City Council Monday.
Kevin Koelbel, Planning Director, explained in accordance with the International Building Code, the City is required to provide a process for applicants or permit holders to appeal decisions made by the Building Official or interpretations of the code, and currently per ordinance, such an appeal would be heard before the City Council.
“The establishment of a Building Board of Appeals will ensure due process, promote transparency, and support consistent code interpretation within the City,” Planning Director Koelbel said.
The proposed ordinance states the board would be composed of five members with varying expertise in construction, engineering, architecture, or other related fields, appointed by the Mayor, with the consent of the City Council, and alternates may also be appointed to ensure quorum and availability. Board members would be appointed for three-year terms from the following categories (with two alternates from any of the categories):
- Building contractor licensed in the City with a minimum of six years of experience (1 member)
- Electrical contractor or license holder, licensed in the City, with a minimum of six years of experience (1 member)
- Plumbing contractor or license holder, licensed in the City, with a minimum of six years of experience (1 member)
- Mechanical contractor or license holder, licensed in the City, with a minimum of six years of experience (1 member)
- Registered engineer or architect, licensed in South Dakota (1 member)
The board would schedule meetings on an as-needed basis and have oversight over adopted City building codes. The proposed ordinance lays out the board’s powers and authorizations, as well as the appeal process. Any appeal of a decision made by the Building Official brought under the proposed ordinance would have to be filed within 30 days of the date of the decision by submitting a notice of appeal to the Building Official. The Building Board of Appeals would schedule a hearing within 30 days of receipt of the notice, with a decision rendered within 15 days after the hearing.
“Our goal is to provide property owners, builders, and design professionals with a local, knowledgeable panel that can carefully consider appeals and help resolve disputes efficiently,” Planning Director Koelbel said. “Once in place, we hope the board will promote confidence in our permitting process, support consistent code interpretation, and ultimately contribute to safe, quality construction in our community.”
The full text of the proposed ordinance is available on pages 85-90 of the meeting agenda packet. The first reading is scheduled for the City Council meeting at 5:30 p.m. Monday, April 21st, with the public hearing and second reading May 5th.
