R23.  Administrative Services, Facilities Construction and Management.
R23-12.  Building Code Appeals Process.
R23-12-1.  Purpose and Authority.
	(1)  In accordance with Section 15A-1-207, this rule establishes procedures for the appeal of decisions made by the Building Official in regard to the application and interpretation of building codes.
	(2)  The statutory provisions governing the application and enforcement of building codes with state facilities are contained in Title 15A and in Section 63A-5-206.
	(3)  The State Building Board's authority to adopt rules for the Division are contained in Subsection 63A-5-103(2)(a).

R23-12-2.  Definitions.
	(1)  Except as otherwise stated in this rule, terms used in this rule are defined in Section 63A-5-206.
	(2)  The following additional terms are defined for this rule.
	(a)  "Appeals Board" means Appeals Board convened by the Director pursuant to Section R23-12-4.
	(b)  "Building Code" has the same meaning as "code" as defined in Section 15A-1-202.
	(c)  "Building Official" means the person designated by the Director or the Delegated Agency as the case may be to be responsible for the enforcement of building codes.
	(d)  "Day" means calendar day.
	(e)  "Delegated Agency" means a state entity to which the State Building Board has delegated the responsibility of administering the construction of facilities on state property when the delegated responsibility includes the role of Compliance Agency.
	(f)  "Director" means the Director of the Division, including, unless otherwise stated, his duly authorized designee.
	(g)  "Division" means the Division of Facilities Construction and Management established pursuant to Section 63A-5-201.
	(h)  "State Agency" means the State of Utah and any department, commission, board, council, agency, institution, officer, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the State of Utah.
	(i)  "State Project" means the construction of a Facility on property owned by a State Agency.

R23-12-3.  Applicability.
	(1)  The appeal of decisions of the Building Official for State Projects administered by the Division or a Delegated Agency shall be conducted in accordance with this rule.
	(2)  Other entities authorized by Subsection 63A-5-206(6) to act as Compliance Agency for a State Project are responsible for providing an appeals process.  The appeals process provided for in this rule shall apply if the entity does not provide an appeals process or it fails to hear an appeal duly filed with that entity.

R23-12-4.  Designation of Appeals Board.
	(1)  The Director shall identify a pool of individuals who are knowledgeable of various aspects of the buildings codes and who are willing to serve on the Appeals Board when requested.
	(2)  When an appeal is duly filed with the Director, the Director shall appoint either three or five individuals, depending on the nature of the appeal, to act as the Appeals Board for that specific appeal.  In selecting the members of the Appeals Board, the Director shall consider the portions of the building code that are in dispute.
	(3)  Each member or the Appeals Board shall certify that he or she does not have a conflict of interest in regards to the matter being heard.
	(4)  The Director shall designate one of the members to act as presiding officer of the Appeals Board.
	(5)  The Division shall provide administrative support to the Appeals Board and shall maintain a record of matters submitted to the Appeals Board and the resolution thereof.

R23-12-5.  Authority of Appeals Board.
	(1)  The Appeals Board shall resolve disputes regarding the application or interpretation of the building code as it relates to a specific State Project.
	(2)  The Appeals Board shall not have the authority to waive requirements of the building codes or to interpret the administrative provisions of the building codes.
	(3)  Decisions of the Appeals Board shall be by majority vote.
	(4)  Decisions of the Appeals Board are final.

R23-12-6.  Initial Actions for Decisions Prior to Construction.
	(1)  If the issue being appealed arises prior to its construction, the architect, engineer or contractor, as the case may be, shall submit a written request for interpretation to the Building Official which shall include:
	(a)  the basis for the requestor's interpretation of the code, and
	(b)  other decisions related to the application of the code that have an impact on the interpretation in question.
	(2)  Within 21 days of receipt of the written request, the Building Official shall provide a written decision.  If the Building Official does not agree with the requested interpretation, the decision shall include the basis for the Building Official's interpretation of the code.

R23-12-7.  Initial Actions for Inspection Exceptions during Construction.
	(1)  If the issue being appealed is an inspection exception regarding work constructed, the contractor shall, within 10 days of receiving the inspection report, submit a request in writing to the Building Official for reconsideration of the inspector's exception.
	(2)  Within 10 days of receipt of the written request, the Building Official shall provide a written decision either reaffirming the inspector's findings or stating how the inspector's exception is modified.

R23-12-8.  Appeal of Delegated Agency's Decision.
	For State Projects administered by a Delegated Agency, the following procedure shall be followed before an appeal may be heard by the Appeals Board.
	(1)  Within 10 days of receipt of the decision of the Building Official representing the Delegated Agency, the entity requesting the appeal shall submit the following to the Division's Building Official:
	(a)  a copy of the documentation required by Section R23-12-6 or R23-12-7, and
	(b)  a written statement explaining the basis for the appeal.
	(2)  Within 10 days of receipt of the appeal, the Division's Building Official shall provide a written decision either reaffirming the Delegated Agency's findings or stating how the Delegated Agency's findings are modified.

R23-12-9.  Filing of Appeal and Appeals Board Action.
	(1)  Within 21 days of receipt of the written decision provided for in Section R23-12-6, R23-12-7, or R23-12-8, the entity appealing the decision shall submit the following documents to the Director:
	(a)  a letter stating that the entity is appealing a decision regarding the building code including an explanation of the basis for the appeal;
	(b)  a copy of the documentation required by Sections R23-12-6, R23-12-7 and R23-12-8 as applicable;
	(c)  other information supporting the appeal.
	(2)  If the Building Official did not provide a written decision, the entity shall submit an affidavit to this effect in lieu of the written decision.
	(3)  The Director shall convene an Appeals Board within 21 days after an appeal is duly filed.
	(4)  Both the entity appealing the decision and the Building Official shall be given an opportunity to present their position.
	(5)  A written decision of the Appeals Board shall be issued within 7 days after the appeal is heard.

R23-12-10.  Time Extensions.
	Upon a showing of good cause, the time periods provided for in this rule may be extended by the Director prior to the convening of the Appeals Board or by the presiding officer upon or after the convening of the Appeals Board.

R23-12-11.  Forms.
	The Division may establish forms to be used in the filing of an appeal.

R23-12-12.  Costs of Appeal.
	Each party is responsible for its own costs in the appeal process except that the Division may assess the party that loses the appeal for any costs incurred by the Appeals Board in evaluating the appeal.

KEY:  appeals, building codes, construction
Date of Enactment or Last Substantive Amendment:  October 10, 2002
Notice of Continuation:  September 7, 2017
Authorizing, and Implemented or Interpreted Law:  15A-1-207; 63A-5-206