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Address

Mailing Address:

Mecklenburg County Code Enforcement
2145 Suttle Avenue
Charlotte, NC 28208

Office Location:


2145 Suttle Avenue
Charlotte,
NC 28208

MAP

Hours: Mon-Fri 8 a.m - 5 p.m.

Contact

Customer Service
980-314-CODE(2633)

Appeal Process,  Alternate Methods and Materials & Engineering Judgments

Appeal Process

First Appeal Process

Recognizing that disagreements occur on both code interpretations and field conditions, the Department offers customers this appeal process.  While the Department encourages communication between the contractor and CEO regarding failed inspections, it is anticipated appeals will most often be used to address failed inspections impacting a contractor's project failure rate and subsequently, the final project fee adjustment by the re-inspection fee program.

  • Appeal will be direct to the Code Enforcement Manager of the program or discipline in question.
  • Inspection appeals may only be submitted on the approved form with all relevant information provided.
  • Appeals related to reinspection fee charges must be submitted within 10 working days of the inspection date. An appeal decision will be made within 10 working days of receiving the written appeal.
  • Appeals on code interpretations not related to reinspection fee charges may be submitted at any time.
  • Plan Review appeals will go first to the assigned Project/Code Enforcemnt Manager, who will engage the involved Code Administrator (CA), if the CA is not already part of the discussion.  If the customer disagrees with the CA, the CA will issue a written interpretation which the customer may formally appeal, as described below in "Appeal Beyond the Related Code Administrator".

 

Appeal Beyond the Related Code Administrator

Customers who disagree with the initial response to an appeal on the technical or administrative requirements of the N. C. State Building code, have recourse, in the following order:

  • After the Department Code Administrator the next level of appeal is to the Department Director.
  • After the Department Director, the next level of appeal is to the Engineering Section of the Department of Insurance (DOI).
    This appeal must be received by DOI, within 10 days of receiving the Director's written response to the owner's second level of appeal.
  • After the Engineering Section of the Department of Insurance, the next level of appeal is to the Building Code Council's Hearing Committee.
    This appeal must be received within 30 days of the date of the decision by DOI.
  • After the Building Code Council's Hearing Committee, the next level of appeal is to the full Building Code Council.
    This appeal must be filed within 30 days of the BCC Hearing Committee's action.
  • Decisions of the N. C. Building Code Council may be appealed to Superior Court in either Wake County or the County in which the proposed building is situated.

Note: further details on the appeal process at the State Agency and Commission level are available by consulting the 2018 NC Administrative Code and Policies, Chapter 1; section 103: Appeals. This should be consulted as state appeal submission requirements are very detailed.

Appeal Related to Re-Inspection Fee Charges


Alternate Methods & Materials Request (AMMRs)

One of the most important provisions in the NC Administrative Code is section 105.1 Alternate Material, Design or Methods. The intent of this section is to allow the implementation of new technologies and to encourage state-of-the-art concepts in construction that may not have been recognized or even existed during the code’s formal development process,  if they meet the performance level intended by the code. The proposed alternative must be equal in quality, strength, effectiveness, fire resistance, durability, safety. The project’s appearance, functionality, cost or construction schedules are not valid considerations when submitting an Alternate Means and Methods Request (AMMR).  The AMMR shall be submitted to MCCE Code Administrator for approval. Communication with the Code Administrator should begin as early in the project as possible. A key element of the AMMR process is to give all involved parties the time to consult each other and to educate themselves on the specific code requirements in question. Additional tests or analysis may be required by the Code Administrator per section 105.2.   If the proposed alternative is determined to not meet the performance level intended by the code, the specific reason for disapproval will be submitted in writing.  


Engineering Judgments (EJs)

AMMRs are typically deliberate design decisions submitted during plan review. Reasons could include exposed structural material, complicated existing conditions, tested assembly modifications, means of egress design alternatives, mixed construction types, or unique design concepts.  Engineering Judgments (EJs) are one of the six methods listed in code to establish a fire-rating. They are typically submitted to address constructability or fire-rating continuity issues discovered in the field during the inspection process.



Address

Mailing Address:

Mecklenburg County Code Enforcement
2145 Suttle Avenue
Charlotte, NC 28208

Office Location:


2145 Suttle Avenue
Charlotte,
NC 28208

MAP

Hours: Mon-Fri 8 a.m - 5 p.m.

Contact

Customer Service
980-314-CODE(2633)