Construction Board of Appeals

Townships may enforce the State's Construction Codes. A township that does must create a construction board of appeals.

Requirements for a Construction Board of Appeals (.pdf)
MDLEG Bureau of Construction Codes

Authorizing Statute:
Stille-DeRossett-Hale Single State Construction Code Act, Public Act 230 of 1972, MCL 125.1514

Authorities and Responsibilities:
an enforcing agency refuses to grant an application for a building permit, or if the enforcing agency makes any other decision pursuant or related to this act, or the code, an interested person, or the person's authorized agent, may appeal in writing to the board of appeals. The board of appeals shall hear the appeal and render and file its decision with a statement of reasons for the decision with the enforcing agency from whom the appeal was taken not more than 30 days after submission of the appeal. Failure by the board of appeals to hear an appeal and file a decision within the time limit is a denial of the appeal for purposes of authorizing the institution of an appeal to the commission. A copy of the decision and statement of the reasons for the decision shall be delivered or mailed, before filing, to the party taking the appeal.

(2) This act does not prevent a governmental subdivision from granting its board of appeals additional powers or duties not inconsistent with this act, or from establishing procedures to be followed by its board of appeals insofar as the procedures do not conflict with this act. Except as otherwise provided by this act, or by other laws or ordinances, a board of appeals may by rules establish its own procedures.

Established By:
A construction board of appeals for each governmental subdivision enforcing the code shall be created consisting of not less than 3 nor more than 7 members, as determined by the governing body of the governmental subdivision.

Membership:
Unless otherwise provided by local law or ordinance, the members of the board of appeals shall be appointed for 2-year terms by the supervisor. A member of the board of appeals shall be qualified by experience or training to perform the duties of members of the board of appeals. A person may serve on the board of appeals of more than 1 governmental subdivision.

OMA/FOIA Status:
Public body subject to Open Meetings Act and Freedom of Information Act.