When a plan review or inspection is failed, a code modification request is denied, or a notice of violation is issued, you can appeal the decision to the Local Board of Building Code Appeals (LBBCA).
The local board, appointed by the Fairfax County Board of Supervisors, has varying areas of expertise and experience as architects, engineers, or builders. No Fairfax County employee can serve as a member of the local board.
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This information is the most common for how to obtain the necessary approval for your project and is not representative of all the conditions you may encounter.
WHO CAN APPLY?
Any person aggrieved by the local building department’s application of the Virginia Uniform Statewide Building Code (USBC) or the refusal to grant a code modification to the provisions of the USBC may appeal to the LBBCA. Applications must be submitted within:
- 30 calendar days for new construction.
- 14 calendar days for property maintenance.
- 14 calendar days for fire code.
- 14 calendar days for amusement devices.
HOW DO I SUBMIT MY RECORD?
PLUS Application
Apply for your code appeal online in PLUS under the Building tab. If you are a first-time user, you must first register for an account.
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Requirements
The following information must be included in your Code Appeal:
- Attach a copy of the Notice of Violation, if one was issued
- Who originally identified the issue that you are appealing
- Which code edition(s) apply to this decision
- Specify the design deficiency being appealed
- Which official rendered the decision:
- Building Official, Land Development Services
- Fire Official, Office of the Fire Marshal
- Property Maintenance Official, Department of Code Compliance
- The date of the decision that is being appealed
What's Next?
Board of Building Code Appeals (BBCA) hearing
Board hearings take place monthly in Fairfax. The secretary to the local board will contact you regarding the status of your appeal prior to the hearing date. To contact the secretary, call 703-222-0801, TTY 711.
Hearings are open to the public where the Local Board will hear testimony from the appellant, the code official, or any person whose interests may be affected by the appeal. You or your representatives should attend the meeting; failure to show up at the hearing does not postpone or cancel the appeal.
After testimony, the local board will deliberate and render a decision which you or the code official must take immediate action to comply with, or request an appeal to the state board; see below.
Can I appeal the LBBCA’s decision?
If you are not satisfied with the decision of the LBBCA, you have the right to appeal the decision to the State Technical Review Board (TRB). Submit appeal.