Building Code Board of Appeals

R112.1 Appeal from decision of building official. Pursuant to subsection (a) of section 29-266 of the Connecticut General Statutes, when the building official rejects or refuses to approve the mode or manner of construction proposed to be followed or the materials to be used in the erection or alteration of a building or structure, or when it is claimed that the provisions of the code do not apply or that an equally good or more desirable form of construction can be employed in a specific case, or when it is claimed that the true intent and meaning of the code has been misconstrued or wrongly interpreted or when the building official issues a written order under subsection (c) of section 29-261 of the Connecticut General Statutes, the owner of such building or structure, whether already erected or to be erected, or his authorized agent may appeal in writing from the decision of the building official to the municipal board of appeals. A person, other than such owner, who claims to be aggrieved by any decision of the building official may, by himself or his authorized agent, appeal in writing from the decision of the building official to the municipal board of appeals as provided by subsection (a) of section 29-266 of the Connecticut General Statutes.

R112.3 Notice of meeting. Each appeal under this subsection shall be heard in the municipality for which the building official serves within five days, exclusive of Saturdays, Sundays and legal holidays, after the date of receipt of the appeal.

R112.4 Determination of aggrievement. Upon receipt of an appeal from a person other than the owner or his agent, the board of appeals shall first determine whether such person has a right to appeal.

R112.5 Appointment of a panel. Upon receipt of an appeal from an owner or his agent, or approval of an appeal by a person other than the owner or his agent, the chairman of the municipal board of appeals shall appoint a panel of not less than three members of such board to hear such appeal.

R112.6 Rendering of decisions. The panel shall, upon majority vote of its members, affirm, modify or reverse the decision of the building official in a written decision upon the appeal and file such decision with the building official from whom such appeal has been taken not later than five days, exclusive of Saturdays, Sundays and legal holidays, following the day of the hearing thereon. A copy of the decision shall be mailed, prior to such filing, to the party taking the appeal.

R112.7 Appeal to the Codes and Standards Committee. Any person aggrieved by the decision of a municipal board of appeals may appeal to the State Codes and Standards Committee within 14 days after the filing of the decision with the building official in accordance with the provisions of subsection (b) of section 29-266 of the Connecticut General Statutes.

R112.8 Court review. Any person aggrieved by any ruling of the State Codes and Standards Committee may appeal to the Superior Court for the judicial district where such building or structure has been or is being erected in accordance with the provisions of subsection (d) of section 29-266 of the Connecticut General Statutes.

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