Town of Wilton, NH

Building Code Ordinance

IX.0 Board of Appeals

A. Creation and Appointment

In accordance with RSA 673:1, V, the Wilton Zoning Board of Adjustment shall act as the Building Code Board of Appeals.

B. Jurisdiction

Pursuant to RSA 674:34, as it may be amended form time to time, the Building Code Board of Appeals shall hear and decide appeals of orders, decisions or determinations by the Building Inspector or the Fire Chief relating to the application and interpretation of the NH State Code or the NH State Fire Code (as defined in RSA 155-A:1). An application for appeal shall be based on a claim that the true intent of either such Code, or rules adopted thereunder, has been incorrectly interpreted, the provisions of the Code do not apply, or that an equally good or better form of construction is proposed. The Building Code Board of Appeals shall have no authority to waive the requirements of either Code.

C. Other Appeals

The Wilton Zoning Board of Adjustment, acting pursuant to authority granted under RSA 674:33 I(a) (1), shall hear and decide appeals if it is alleged that there has been an error in any order, requirement decision or determination made by an administrative official, including, without limitation, the Building Inspector, in the enforcement of any element of this Ordinance that does not involve the interpretation or application of the NH State Code or the NH State Fire Code.

D. Procedures

Any appeal pursuant to Section B or C above shall follow the process and procedures required for any appeal to the Zoning Board of Adjustment, including those set forth in the Rules of Procedure adopted from time to time by the Zoning Board of Adjustment. The appeal shall include, without limitation, a copy of the written decision issued by the Building Inspector and an explanation of how the project or activity complies with all requirements.