Right to Appeal a Decision Made by the Building Official
Although the Aurora Building and Permits Division believes we make every attempt to resolve code related deficiencies or issues you are certainly entitled to request an appeal to a decision provided it is made in a timely manner.
Grounds for Appeals
Per IBC Section 113 Board Of Appeals - Grounds for Appeals must be based upon the following:
- 113.2 An application for appeal shall be based upon a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of the code do not fully apply or an equally good or better form of construction is proposed. The board shall have not authority to waive requirements of this code.
Resolution Prior to an Appeal
We suggest that you exhaust all opportunities for resolution prior to resorting to an appeal:
- Discuss Alternative materials, design and methods of construction per IBC section 104.11 with your Design Professional in Responsible Charge and the Building Official.
- Meet with the inspector, plan reviewer and/or Building Official to clarify the issue and the applicable code section. Request to review the Code Commentary sections.
- Participate in a conference call with COA and ICC, State Fire Marshal, State IDPH, State CDB etc. to discuss the intent of the section in question with the code authors/administrators.
Desiring an Appeal
Should you desire an appeal
- Please read the Appeals Board code authority (PDF).
- Please read the Board Rules for appeals (PDF).
- Please review the Appeals process diagram (PDF).
- File the application (PDF) with as much supportive information as possible.
- Attach the $500 administration/court reporter fee (all discussions in a hearing are typed verbatim per the Board rules).
- Apply for the appeal at the Building Department within 20 business days of the decision in question obtain a date stamped receipt of the application for appeal.