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May. 10, ' 1982 '
TO: BUILDING CODE BOARD OF ADJUSTMENT & APPEALS'j
CITY 'OF CLEARWATER
FROM: R. J. Ayres-- Director, Building Department
SUBJECT:° MAGAZINE .ARTICLE
An article by Bill Tangye, P. E. regarding
Building Code Boards of Adjustments and 'lappeals. appeared
in the February/March issue of Southern Building. This
is the official' bi-monthly publication of the Southern.
Building,Code Congress International; Bill';Tangye'was
the.SBCCI Director of Engineering Services at the time
;:.' .. he :wrote the article, and is now Executive Director of'.
SBCCI'. Thus, the article may be considered to be
authoritive and.the official position of the SBCCI
regarding such Boards.'
I have-contacted Bill and he has given, me ;
permission.to reproduce the article;.I am attaching a
copy for your general information':.
1
RJA / j j ' i..
E" i
1
r
1
- Technical Topic: Boards of
Adjustm`ents'& Appeals
Questions' are frequently asked by
building officials, engineers, architects,
building owners and others involved in the
construction industry regarding the scope
of authority of a board of adjustments and
appeals. The purpose of this article is to
clarify the responsibilities and scope of
authority of a board of adjustments and ap-
peals. It should be noted that the apinians
expressed herein are based on the provi-
sions contained in Sections 111, 112 and
113 of the 1982 Standard Building Code.
The Standard Building Code, once
adopted by -a city or county council or
other authority having jurisdiction,
becomes the legal provisions regulating the
design and construction of buildings and
structures. The local building official, in ac-
cordance with Sections 102 and 103, is
charged by the adopting authority with the
interpretation and enforcement of the pro-
visions contained herein.
Since the Standard Building Code is a
performance-based code, and since any set
of building regulations cannot possibly
cover every possible contingency or alter-
nate, there will be, as hard as it may be to
believe, differences of opinion in the Inter-
pretation of code provisions. As such, a
board of adjustments and appeals is
established to evaluate these differences of
interpretation and render a decision as to
the actual meaning and intent of the code
provisions,
By W.J. Tangye,. P.E. .
Sections 112,1(x) and 113.1(a) grant
the board of adjustments and appeals
broad authority but also require that such
authority be exercised within the
framework ,of the code. It is important to
emphasize at this point that the board, as
established by the Standard Building Code,
may not change a code provision since that
is the sole authority and responsibility of
the adopting authority.
In essence, a board of adjustments and
appeals has two general areas of authority
which are;
1. Issuing inlerpretations of code provi-
sions when a disagreement arises between
the building official and an aggrieved party;
and
2, Approving requests for variances
when it can be shown by the appellant that
an alternate method to that required by the
code will provide an equivalent level of.
safety.
As an example of the first area, let's
assume that a code provision specifies
varying levels of fire resistance ratings.
Based on the plans submitted, the building
official determines that the provision calls
for a two (2) hour rating while the designer
feels that the provision only calls for a true
(l) hour rating. The designer may file ,
appeal and request that the hoard of ad-
justments and appeals issue an interpreta-
tion determining the fire resistance rating
North Carolina Code Officials
To Meet in Greensboro in June
The North Carolina Council of Code Of-
ficials, which includes the building, plumb-
ing, mechanical, and the electrical Inspec-
tor's associations, will conduct its combined
meeting June 20-24 at the Four Seasons
Holiday Inn in Greensboro. The council is
the SBCCI representative for North
Carolina.
The program will have general interest
subjects for all inspectors. These Include:
certification, legal responsibilities of inspec-
tors, retirement benefits, public relations,
fire ratings and plan checking of buildings,
high-rise construction, third party listing,
small city and county inspection depart-
ments, SBCCI functions, and other ac-
tivities.
The program committee is chaired by
Ernest Taylor, chief mechanical inspector,
Fayetteville, Other members of the com-
Southern Building, February-March 1982
mittee are bee Hauser, chief mechanical
engineer for the Narth Carolina Depart-
nient of Insurance and a trustee of SBCCI;
Tom Mullins, chief code consultant,
Department of Insurance and chairman of
the SBCCI Building Code Revision Com-
mittee; [lave Maddrey, deputy chief elec-
trical engineer, Department of Insurance;
and Jack Wade, superintendent of Inspec-
tions, Greensboro and a member of the
SBCCI Mechanical Code Revision Com-
mittee.
The program committee extends a cor-
dial invitation to all SBCCI members to at-
tend the meeting. Information can be ob.
twined by writing the program chairman at
P.O. Box 1846, Fayetteville, North
Carolina, 28302, or calling
919/483-1762, extension 253.
required. While this example may be
simplistic, it illustrates that a variance is not
at issue, but rather, a determination of re-
quirements based solely on the Interpreta-
tion of code content.
The second area is not quite as clear-cut
and is the area in which the board of ad-
justments and appeals is most often asked
io become involved. As an example, let's
assume tht the code requires openings in a
fire resistive wall to be protected.with fire
'windows, but the designer wants to use
clear glass. Obviously, the clear glass is not
equivalent to one-quarter (1/4) inch thick
wired glass that the code requires. Neither
the building official nor the board would
have the authority to accept this substitu-
tion, since it would, in fact, constitute a .
code change.
However, let's assume that in addition to
the clear glass, the designer provided a
gasketed window frame to allow the glass
to deflect -when heated, automatic
sprinklers spaced not more than six feet on
centers on each side of the window that
would wet the entire glass surface upon ac-
tuation, and limited the area of glass to
twenty-five percent of the wall surface
area. This now represents an alternate
based on the concept of providing
equivaient protection to that specified in
the code.
The board of adjustments and appeals is
empowered to evaluate this alternate and
determine if it is an equivalent to that
specified In the code. It could be said that
the board is approving a variance to the
code provision, but in actuality, It is ap-
proving an alternate method that achieves
an equivalent level of safety, which in fact
is why the board of adjustments and ap-
peals is a vital part of an effective and effi-
cient code enforcement program.
Conclusion
These examples describe In a broad
sense the authority and responsibility of a
board of adjustments and appeals as pro-
vided for the Standard Codes. It Is Impor-
tant to note, however, that the adopting
authority may modify the scope and
powers of the board of adjustments and ap-
peals when adopting the Standard Codes.
As such, it is recommended as with all mat-
ters,of code enforcement, to seek the ad-
vise and counsel of the local building of-
ficial. The building official is the profes-
sional responsible for the jurisdiction's code
enforcement' program and can best advise
a designer, contractor, builder or other par-
ty regarding the appeals procedure.
11
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J
May -10..' 19 8 2 r
f
TO: BUILDING CODE BOARD OF,-ADJUSTMENT &'APPEALS'
CITY OF CLEARWATER
J.
FROM:- R. J.' -Ayres -'Director,, Building Department
SUBJECT:.',.-.MAGAZINE'-ARTICLE
' An,articl.e by Bill Tangye,.P. E. regarding
' Btiilding Code Boards
of Adjustments. and Appeals appeared
,
-in the,February/March'issue of Southern Building.' This
,
is the official bi-monthly publication',"of the Southern
'.f Building Code Congress International; Bill'Tangye was
the?SBCCI Director, of Engineering Services at.'the time
he. wrote, the •articl'e; and is now Executive Director of
SBCCI. Thus,•the article may be considered to•be
authori'txve and the official, position of the SBCCI
.
regarding such Boards.
I have contacted Bill and he has given me
permission to reproduce the article;. 1, am attaching a,
-! copy.for your general.information. 1.
RJA/jj i'
Enc; ;
3
,cam '
.. .. Fechnical Topic: Boards of
Adjustments & Appeals
By W.J. Tangye, P.E.
Questions are frequently asked by
building officials, engineers, architects,
building owners and others involved in the
construction industry regarding the scope
of authority of a board of adjustments and
appeals. The purpose of this article is to
clarify the responsibilities and scope of
authority of a board of adjustments and ap-
peals. It should be noted that the opinions
expressed herein are based on the provi-
sions contained In Sections 111, 112 and
113 of the 1982 Standard Building Code.
The Standard Building Code, once
adopted by a city or county council or
other authority having jurisdiction,
becomes the legal provisions regulating the
design and construction of buildings and
structures. The local building official. in ac-
cordance with Sections 102 and 103, is
charged by the adopting authority with tiie
interpretation and enforcement of the pro-
visions contained herein.
Since the Standard Building Code is a
performance-based code, and since any set
of building regulations cannot possibly
cover every possible contingency or alter-
nate, there will be, as hard as ii may be to
believe, 'differences of opinion In the Inter-
pretation of code provisions. As such, a
board of adjustments and appeals is
established to evaluate these differences of
interpretation and render a decision as to
the actual meaning and intent of the code
provisions.
Sections 112.1(a) . and 113.1(a) grant
the board of - adjustments and appeals
broad authority but also require that such
authority be exercised within the
framework of the code. It is important to
emphasize at this point that the board, as
established by the Standard Building Code,
may not change a code provision since that
Is the sole authority and responsibility of
the adopting authority.
In essence, a board of adjust merits and
appeals has two general areas of authority
which are:
1. Issuing interpretations of code provi-
sions when a disagreement arises between
the building official and an aggrieved party;
and
2. Approving requests for variances
when it can be shown by the appellant that
an alternate method to that required by the
code will provide an equivalent level of
safety.
As an example of the first area, let's
assume that a code provision, specifies
varying levels of fire resistance ratings.
Based on the plans submitted, the building
official determines that the provision calls
for a two (2) hour rating white the designet
feels that the provision only calls for a one
(1) hour rating. The designer may file an
appeal and request that the board of ad-
justments and appeals issue an interpreta-
tion determining the fire resistance rating
North Carolina Code Officials
To Meet in Greensboro in June
The North Carolina Council of Code Of-
ficials, which Includes the building, plumb-
ing, mechanical, and the electrical inspec-
tor's associations, will conduct its combined
meeting June 20.24 at the Four Seasons
Holiday Inn in Greensboro. The council is
the SBCCI representative for North
Carolina .
The program will have general interest
subjects for all inspectors. These include
certificalfon, legal responsibilities of inspec-
tors, retirement benefits, public relations,
fire ratings and plan checking of buildings,
high-rise construction, third party listing,
small city and county Inspection depart-
ments, SBCCI functions, and other ac-
tivities.
The program committee is chaired by
Ernest Taylor.,chlef mechanical inspector,
Fayetteville. Other members of the com-
Southern Building, February-March 1962
mittee are Lee Hauser, chief mechanical
engineer for the North Carolina Depart=
ment of Insurance and a trustee of SBCCI;
Tom Mullins. chief code consultant,
Department of Insurance and chairman of
the SBCC1 Building Code Revision Com-
mittee; Dave Maddrey, deputy chief elec-
trical engineer, Department of insurance;
and Jack Wade, superintendent of inspec-
lions, Greensboro and a member of the
SBCCI Mechanical Code Revision Com-
mittee,
The program committee tjxtcnds a cor-
dial invitation to all SBCCI members to at-
tend the meeting. Information can be ob-
talned by writing the program chairman at
P.O. Sox 1846, Fayetteville, North
Carolina, 28302, or calling
919/483-1762, extension 253.
required. While this example may be
simplistic, it illustrates that a variance is not
at issue, but rather, a determination of re-
quirements based solely.on the interpreta-
tion of code content.
The second area is riot quite as clear-cut
and is the area In which the board of ad-
justments and appeals is most often asked
to become involved. As an example, let's
assume tht the code requires openings in a
fire resistive wall to be protected with fire
wlnclows, but the designer wants to use
clear glass. Obviously, the clear glass is not
equivalent to one-quarter (1/4) inch thick
wired glass.that the.code requires. Neither
the building official nor the board would
have the authority to accept this substitu-
tion, since it would, in fact, constitute a
code change.
However, let's assume that in addition to
the clear glass, the designer provided a
gasketed window frame to allow the glass
to deflect when heated, automatic
sprinklers spaced not more than six feet on
centers on each side of the window that
would wet the entire glass surface upon ac-
tuation, and limited the area of glass to
twenty-five percent of the wall surface
area'. This now represents an alternate
based on the concept of providing
equivalent protection to that specified in
the code.
The board of adjustments and appeals is
empowered to evaluate this alternate and
determine If it is an equivalent to that
specified in the code. It could be said that
the board is approving a variance to the
code provision, but in actuality, It is ap-
proving an alternate method that achieves
an equivalent level of safety, which in fact
is wiry the board of adjustments and ap-
peals is'a vital part of an effective and effi-
cient code enforcement program.
Conclusion
Tliese examples describe in a broad
sense the authority and responsibility of a
board of adjustments and appeals as pro-
vided for the Standard Codes. It is impor-
tant to note, however, that the adopting
authority may modify the' scope and
powers of the board of adjustments and ap-
peals when adopting the Standard Codes.
As such, it is recommended as with all mat-
ters of code enforcement, to seek the ad-
vise and counsel of the local building of-
ficial..The building official is the profes-
slonal responsible for the jurisdiction's code
enforcement program and can best advise
a designer, contractor, builder or other par-
ty regarding the appeals procedure.
11
` r .. May 10 19 8 `
TO:, ..BUILDING CODE BOARD OF ADJUSTMENT & APPEALS.
CITY OF CLEARWATER
FROM: R., J.. Ayres W ' Director, 'Building, Department
SUBJECT: MAGAZINE ARTICLE
An article by', Bill Tangye, P. E. regarding
Building-Code Boards of Adjustments,and.Appeals'appeared
•in ? the February/,March 'issue of. ,Southern Building. This
is ;the official,bi--monthly publication of 'the .Southern
1 -Building 'Code Congress, International; Bill Tangye was
s:
the SBCCI Director of Engineering Services at 'the time
he .wrote- the article, and 'is now Executive Director. of
SBCCI. Thus, the article may be considered to be
authoritive and' the official position of ,the SBCCI
regarding.such Boards.'
I'have contacted Bill and he has given me
permission to ,reproduce-the article; '.I .am attaching a'
.• copy for, your general 'information.'
RJA jj j t; .
f' Enc.
''Srf
r
Technic al'Topo c:Boards o
Adjustments & Appeals
By WA. Tangye, P.E.
Questions are frequently asked by
building , officials, engineers, architects,
building owners and others involved in the
construction Industry regarding the scope
of authority of a board of adjustments and
appeals. The purpose of this article Is to
clarify the responsibilities and scope of
authority of a board of adjustments and ap-
peals. It should be noted that the opinions
expressed herein are based on the provl-
slons contained In Sections 111, 112 and
113 of the 1982 Standard Building Code.
The Standard Building Code, once
adopted by a city or county council or
other authority having jurisdiction,
becomes the legal provisions regulating the
design and construction of buildings and
structures. The local building official, in ac-
cordance with Sections 102 -and 103, is
charged by the adopting authority with the
interpretation and enforcement of the pro-
visions contained herein.
Since the Standard Building Code is a
performance-based code, and since any set
of building regulations cannot possibly
cover every possible contingency or alter-
nate, there will be, as hard as it may be to
believe, differences of opinion in the Inter-
pretation of code provisions. As such, a
board of adjustments and appeals is
established to evaluate these differences of
interpretation and render a decision as to
the actual meaning and intent of the code
provisions.
North Carolina Code Officials
To Meet in Greensboro in June
The North Carolina Council of Code Of-
ficials, which Includes the building, plumb-
ing, mechanical, and the electrical Inspec-
tor's associations, will conduct its combined
meeting June 20-24 at the Four Seasons
Holiday Inn in Greensbaro.'The council is
the SBCC] representative for North
Carolina.
The program will have general interest
subjects for all inspectors. These include
certification, legal responsibilities of inspec-
tors, retirement benefits, public relations,
fire ratings and plan checking of buildings,
high-rise construction, third party listing,
small city and county inspection depart-
ments, SBCCI functions, and other ac.
tivities.
The program committee is chaired by
Ernest Taylor, chief mechanical Inspector,
Fayetteville. Other members of the com-
Sections 112.1(a) and 113.1(a) grant
the board of adjustments and appeals
broad authorily but also require that such
authority be exercised within the
framework of the code. It is Important to
emphasize at this point that the board, as
established by the Standard Building Code,
may not change a code provision since that
is the sole authority and responsibllity,of
the adopting authority.
In essence, it board of adjustments and
appeals has two general areas of authority
which are:
1. Issuing interpretations of code provi-
sions when a disagreement arises between
the building official and an aggrieved party;
and
2. Approving requests for variances
when It can be shown by the appellant that
an alternate method to that required by the
code will provide an equivalent level of
safety.
As an example of the first area,- let's
assume that a code provision specifies
varying levels of' fire resistance ratings.
Based on the plans submitted, the building
official determines that the provision calls
fora two (2) hour rating while the designer
feels that the provision only calls for a one
(1) hour rating. The designer may file an
appeal and request that the board of ad-
justments and appeals Issue an interpreta-
tion determining the fire resistance rating
required. While this example may be
simplistic, it illustrates that a variance is not
at issue, but rather, a determination of re-
quirements based solely on the Interpreta-
tion of code content.
The second area is not quite as clear-cut
and is the area in which the board of ad-
justments and appeals Is most often asked
to become involved. As an example, let's
assume thi the code requires openings in a
fire resistive. wall to be protected with fire
windows, but the designer wants to use
clear glass. Obviously, the clear glass is not
equivalent to one-quarter (r/a) inch thick
wired glass that the code requires. Neither
the building official nor the board would
have the authority to accept this substitu-
tion, since it would, In fact, constitute a
code change.
However, let's assume that In addition to
the clear glass, the designer provided a
gasketed window frame to allow the glass
to deflect when heated, automatic
sprinklers spaced not more than six feet on
centers on each side of the window that
would wet the entire glass surface upon ac-
tuation, and limited the area of glass to
twenty-five percent of the wall surface
area. This now represents an alternate
based on the concept of providing
equivalent protection to that specified in
the code.
The board of adjustments and appeals Is
empowered to evaluate this alternate and
determine if it is an equivalent to that
specified in the code. It could be said that
the board is approving a variance to the
code provision, but In actuality, it is ap-
proving an alternate method that achieves
an equivalent level of safety, which in fact
is why the board of adjustments and ap-
peals is a vital part of an effective and effi-
clent code enforcement program.
Conclusion
These examples describe in a broad
sense the authority and responsibility of a
board of adjustments and appeals as pro-
vided for the Standard Codes. It is impor-
tant to note, however, that the adopting
authority may modify the scope and
powers of the board of adjustments and ap-
peals when adopting the Standard Codes.
As such, it is recommended as with all mat-
ters of code enforcement, to seek the ad-
vise and counsel of the focal building of-
ficial. The building official is the profes-
sional responsible for the jurisdiction's code
enforcement program and can best advise
a dr,slgner, contractor, builder or other par-
ty regarding the appeals procedure.
Southern Building, February-March 1982
mittee are Lee Hauser, ch'Jef mechanical
engineer for the North Carolina Depart-
ment of Insurance and a trustee of SBCCI;
Tom Mullins, chief code consuitani,
Department of Insurance and chairman of
the SBCCI Building Code revision Com-
mittee; Dave Maddrey, deputy chief elec-
trical engineer, Department of Insurance;
and Jack Wade, superintendent of inspec-
tions, Greensboro and a member of the
SBCCI Mechanical Code Revision Com-
mittee.
The program committee extends a cor-
dial invitation to all SBCCI members to at-
tend the meeting. Information can be ob-
tained by writing the program chalunan at
P,O. Box 1846, Fayetteville, North
Carolina, 28302, or calling
919/483-1762, extension 263.
11
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41
p05T aFFFCE, fiQX 4748 ,
Y"r'jA? l? fV1 CLEARWATER FL.ORI bA 33516
September 12„ 1984
Clearwater Point''-Condominium No. 8
Candorninium'Homeowners' Association
AKA Shipmaster Building
?` ... 830 South' Gulfview', Boulevard ;
Clearwater Beach, Florida 33515
Re.: Public' Hearing Wednesday, September 19',, 1984, 2 p.m.
724'Baywdy Blvd, Island Club of Clearwater
Gentlemen:
We' are enclosing three' copie's of Notice of "
Public Hearing. Since the property involved is
located within 200 feet of' your condominium we are re-
quired to send,you notification of this Public Bearing.
We would appreciate if you would post'these enclosures
on your bulletin boards. -
if you have any questions,'please contact the
writer'at 462-6550.
Very 'truly. yours ,
By Jean M. Jensen
Administrative Secretary
Building inspection Department
For Edward V. Bethel; Secretary
Board' of Adjustment and Appeals
Building/Flood Control
encs, (3)
,,• ; "Equal Employment and Affirmative Action Employer"
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[; .I'Z' Y O C CL L A R WAT E R
P0ST, 0FFICE El 4748
?14
`Ar???tlt CLEARWATER, FLORIDA 3,3518
DATE'
Oaks"of Northwoo d Condo Association
2735 Enterprise Road
Clearwater, F1. 33519,
Re: ,Item'on the Enclosed Public Hearing Notice
Gentlemen':. ,
,.." Please find enclosed 3 copies of Notice of Public Hearing.
We would appreci ate it if you would•post the enclosures on your
bulletin boards. The above property is located within 200 feet
of-your condomin ium and we are required to send you notification
of'the above.
r I
If you have any questions please call Jean at 462-6550.
Very truly yours,
aoy J. Ayers '
Building Director"
'By Jean M. Jensen
Administrative Secretary
RJA/jr6j.
' Encl. 3'
"Equal, Employment and AffirmIative Action Employer"
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POST OFFICE EIOX 4748-
-?:.??1TE ?t+ CLEARWA"i ER, FLORIDA 33516
rrr ,
DATE
NAME O ?}SS o /,17 le> A)
ADDRESS '
CITY/STATE
Re: Item,on the Enclosed Public Hearing Notice
Gentlemen:
' Please find enclosed-3 copies of Notice,of Public Hearing.
We would appreciate it if you would post the enalosures'on your
bulletin boards.. The above property is,located within 200 feet r
of your condominium and we are required to send you notification
of the above.
If you have any questions please call Sandy at 1462-66814.
Very-truly yours,
Lucille Williams, CMC
ity Clerk
By Sandra E.' Shelton
Advisory Cler_
LW/ses
Encl. 3 '
"Equal Employment and Affirmative Action Employer" j ' ;
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Board of Adjustment and Appeals
,; ding/Flood Centro]
City of Clearwater
'. Post Office Box '4748
Clearwater, Florida 33518
Re': (Description of Property)
. Gentlemen.
The undersigned has applied to you for considdration in'jrantipg'
of a variance from. the terns and provisions of the Flood Control Ordinance
of the' City of Clearwater for the above property.
7he undersigned acknowledges to you that he/she has been fully'
advised of , the . following facts : '
1 _ The fact that the proposed structure will be located
in a flood-prone area; ,
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2 -'the first floor of the proposed structure will be
feet below the 100--year flood level-designated by the
Federal T.nsurance Administration;
3 - the fact that flood insurance rates will' be increased
tely with the extent of the deviation from
said 100 year flood standard.
After being fully advised and infonx-d of the above set forth facts,
the undersigned requests that said application for variance be granted and
acknowledges that any construction pursuant to a variance granted will
b6' solely at the risk and, peril of the owner and builder: The undersigned
hereby, absolves and releases the Board of Adjustment and Appeal on Building/
Flood Control of the City of Clearwater collectively'and individually from
any and all liability or responsibility on its behalf for the. consideration
and/or granting of such a variance.
Applicant (Sicffature)
Address
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