Local Board of Building Code Appeals

Purpose

When reviewing a code modification request or conducting an inspection, code officials and their representatives ensure the spirit and intent of the applicable codes and laws are observed and public health, safety and welfare are assured. 

When a plan review or inspection is failed, a code modification request is denied, a notice of violation is issued or the code official applies a particular code section in a manner with which you do not agree, you can appeal to the Local Board of Building Code Appeals (LBBCA). 

How to File an Appeal
Northumberland County has entered into a Memorandum of Understanding (MOU) with Lancaster County to handle the LBBCA as authorized under Virginia Code §36-105(A). The LBBCA is composed of architects, engineers, builders, property managers or construction superintendents as recommended by the Uniform Statewide Building Code.  No Northumberland County employee can serve as a member of the LBBCA. No member of the LBBCA can hear an appeal in which he or she has any personal, professional or financial interest. 

• Requests must be submitted within 30 calendar days for new construction issues. Failure to submit a request for an appeal within the time limit above will constitute acceptance of the code official's decision.
• Submit $250 appeal fee.
• Submit the appeal application or a written request, including six (6) copies of application/written request and supporting documentation, in person at the Office of Building & Zoning located at 72 Monument Pl., Heathsville VA 22473 or mail to:

Northumberland County
Office of Building & Zoning/ Building Code Appeals Board
PO Box 129
Heathsville, VA  22473

• The appeal can be filed by an owner, the owner's agent or any person involved in the design, construction or maintenance of the building or structure.

Hearing Process

The Local Board of Building Code Appeals (LBBCA) will convene upon request at a time agreed upon by all parties concerned and efforts to consider the schedules of those involved will be made. The hearing should occur within 30 days of receipt of the appeals application or at a date and time agreed upon by all parties. Northumberland County will work with Lancaster County and their LBBCA chairperson to coordinate the scheduling of all appeals within the parameters set forth. 

• Hearings of the LBBCA are open to the public.
• The LBBCA will hear testimony from the appellant, the code official, their representatives or any person whose interests may be affected by the matter on appeal.  Note: You or your representative should attend the meeting. Failure to show up at the hearing does not postpone or cancel the appeal.
• After testimony, the LBBCA will deliberate and vote. A concurring vote of the majority of the LBBCA members present is required to uphold, reverse or modify the decision of the code official.
• A certified copy of the resolution of the LBBCA will be furnished to you and the code official. Once a decision has been made, you and the code official must take immediate action to comply with the decision.

Appealing the Decision of the LBBCA

You may appeal the decision of the LBBCA to the State Building Code Technical Review Board (TRB). Appeal requests must be filed within 21 calendar days of the receipt of the resolution of the LBBCA. Hearings are held monthly in Richmond. Application forms are available at the following address:

State Building Code Technical Review Board

501 N Second Street

Richmond VA 23219

Please note the code official also has the ability to appeal the LBBCA decision to the TRB. If this is the case, you are expected to appear before the TRB to defend your original appeal.