The Board of Appeals is established by section 7-8 of the City’s Code of Ordinances. This Board is the only Board with a staff liaison from the Inspection Services Division.
This Board has several responsibilities, including: reviewing appeals to the code officials’ decisions; reviewing and recommending amendments to the ICC and NEC codes; and reviewing other revisions to Chapter 7 Buildings of the City’s Code of Ordinances. When it comes to hearing appeals to the code officials’ decisions, the Board’s authority is limited to hearing appeals where: the intent of the code has been incorrectly interpreted; the provisions of the code do not fully apply to the situation; a better form of construction is proposed than what is required by the code; or an equivalent method of protection or safety is proposed than what is required by the code. The Board cannot hear an appeal based on the cost of complying with the code. Codes are in place to protect the life safety of our citizens, and to protect property.
The Board of Appeals has 7 members and 2 alternates. Each member and alternate must have at least 10 years’ experience in at least one of the following categories: registered architect, building or superintendent; registered structural engineer; registered mechanical or plumbing engineer or contractor; registered electrical engineer or contractor; or registered fire protection engineer or contractor. There can be no more than 2 Board members from each category. This diversity of education and experience ensures all aspects of codes are considered during review and adoption of codes, and review of appeals.
The International Code Council (ICC) and National Fire Protection Agency (NFPA, the organization that publishes the National Electric Code (NEC)), publish a code cycle every three years. The City of Cape Girardeau currently enforces the 2014 NEC, and the 2015 ICC codes (except for the 2009 International Energy Conservation Code). The City typically adopts every other code cycle, and Inspection Services staff will begin reviewing the 2021 ICC and 2020 NEC codes later this year. We anticipate adopting the new codes in the early part of 2022.