July 14, 1999, revised 7/19/2013
FIRST APPEAL PROCESS
Recognizing that disagreements occur on both code interpretations and field conditions, the Department offers customers this appeal process. While the Department encourages communication between the contractor and CEO regarding failed inspections, it is anticipated appeals will most often be used to address failed inspections impacting a contractor's project failure rate and subsequently, the final project fee adjustment by the re-inspection fee program.
- Appeal will be direct to the Code Enforcement Manager of the issue or discipline in question.
- Inspection appeals may only be submitted on the approved form with all relevant information provided.
- Appeals related to reinspection fee charges must be submitted within 10 working days of the inspection date. An appeal decision will be made within 10 working days of receiving the written appeal.
- Appeals on code interpretations not related to reinspection fee charges may be submitted at any time.
- Plan Review appeals will go first to the assigned Project Manager, who will engage the involved Code Administrator (CA), if the CA is not already part of the discussion. If the customer disagrees with the CA, the CA will issue a written interpretation which the customer may formally appeal, as described below in "Appeal beyond the related Code Administrator".
APPEAL BEYOND THE RELATED CODE ADMINISTRATOR
Customers who disagree with the initial response to an appeal on the technical or administrative requirements of the N. C. State Building code, have recourse, in the following order:
- After the Department Code Administrator the next level of appeal is to the Department Director.
- After the Department Director, the next level of appeal is to the Engineering Section of the Department of Insurance (DOI).
This appeal must be received by DOI, within 10 days of receiving the Director's written response to the owner's second level of appeal.
- After the Engineering Section of the Department of Insurance, the next level of appeal is to the Building Code Council's Hearing Committee.
This appeal must be received within 30 days of the date of the decision by DOI.
- After the Building Code Council's Hearing Committee, the next level of appeal is to the full Building Code Council.
This appeal must be filed within 30 days of the BCC Hearing Committee's action.
- Decisions of the N. C. Building Code Council may be appealed to Superior Court in either Wake County or the County in which the proposed building is situated.
Note: further details on the appeal process at the State Agency and Commission level are available by consulting the 2012 NC Administrative Code and Policies, Chapter 1; section 103: Appeals. This should be consulted as state appeal submission requirements are very detailed.
Appeal Related to Re-Inspection Fee Charges