By City Ordinance, the Board of Appeals was established to consider appeals from property owners or their authorized agents in matters related to safety issues involving Building, Fire, and Housing codes within the City of Rochester. Appeals must be related to a decision or decisions made by officials within those respective departments for which the applicant disagrees. The Board in considering an appeal may not overturn rules, regulations or codes already in place. Rather it’s the Board’s duty to determine if any form of relief can be granted within the framework of the respective code without jeopardizing the health and safety of the public.

Meeting Dates (subject to change):  alternates between the First and Third Wednesday of the Month at 5 p.m.

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To hear and decide appeals of orders, decisions, or determinations made by the building official, fire chief, and/or their designee relative to the application and interpretation of the Building Code, Housing Code and/or Fire Code.  The appeals will generally be from code interpretations, such as modifications resulting from practical difficulties; alternative materials, design, and methods of construction and equipment; and performance-based fire and safety design.  Appeals are not allowed for legislative decisions made by the Rochester City Council, such as the contents of the ordinances.

There will be a President and Vice President elected by the members. The Building Official, Fire Marshal, or designee shall serve as the Secretary.

Building Official: The building official is authorized and directed to enforce the provisions of the ordinance. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of the ordinance. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in the ordinance. The building official shall have the authority to appoint a deputy building official, other related technical officers, inspectors, plan examiners, and other employees. Such employees shall have the powers as delegated by the building official.

Fire Code Official: The fire code official is hereby authorized to enforce the provisions of this code. The fire code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of the ordinance. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in the ordinance. The fire code official shall have the authority to appoint a deputy fire code official, other related technical officers, inspectors, and other employees.

The Fire Marshal, as provided for in RCO, Chapter 2.11.3 shall serve as the fire code official whom is charged with enforcement of the fire code.

Board of appeals: The Board shall consist of five members nominated by the Mayor and approved by a vote of the City Council. Terms shall be staggered for continuity. At the first meeting and thereafter the first meeting of each year, members shall elect a Chair and Vice Chair to serve in that capacity for the balance of the year. The Chair shall conduct all meetings or in his or her absence the Vice Chair. 

Board members shall be Rochester residents and not employees of the City. Upon creation of the Board, two members will be appointed for a term of three years, two members shall be appointed for a term of two years, and one member shall be appointed for a term of one year.  Thereafter each member shall be appointed for three year terms.  Each term of office shall expire on December 31^st of the year the term is scheduled to expire.  All members shall serve until their successors have been appointed and qualified.

Visit the Boards & Commission Application portal to learn more about the application process and view a list of current vacancies across Boards & Commissions