Inquiry of the Week (10/26/98)

Question:

May a hearing examiner be appointed to serve as the building code board of appeals?

Answer:

Yes. There is a requirement in the Uniform Building Code, and in other codes that are part of the state building code, that a board of appeals be appointed to hear and decide appeals that arise under the code. A hearing examiner system may be used in place of this board.

RCW 19.27.060 provides that cities and counties can amend the codes that make up the state building code, including the Uniform Building Code, if the amendments do not reduce the minimum performance standards. An amendment providing for a hearing examiner would not reduce the performance standards. Therefore, such an amendment should be legal.