BUILDING AND FIRE CODE BOARD OF APPEALS.
Austin City Code § 2-1-121
in effect§ 2-1-121 - BUILDING AND FIRE CODE BOARD OF APPEALS.
(A) The Building and Fire Code Board of Appeals members should be qualified by experience and training to consider matters relating to building construction and fire prevention. Members may not be City employees.
(B) The building official and the fire marshal shall serve as ex officio members of the board. The building official shall also serve as the board secretary.
(C) The board shall:
(1) review any appeal filed in accordance with Title 25 (Land Development); and
(2) hear and decide appeals of orders, decisions, or determinations made by the building official relating to the application and interpretations of the Building Code and Fire Code.
(D) The board may not waive a Code requirement.
(E) The board shall render all decisions and findings in writing, file them with the building official, and send copies to the appellant.
(F) A person who is aggrieved by a decision of the board may appeal the decision to the city council under this subsection.
(1) The appeal shall be made by filing a written notice of appeal with the city clerk. The notice of appeal shall contain:
(a) the name of the person filing the appeal;
(b) a background of the case, and a summary of the decision from which the appeal is taken;
(c) a statement containing facts which show, beyond a reasonable doubt, that the decision appealed from was incorrect because of its inconsistency or conflict with city ordinance or state law, or that a finding of fact by the board was clearly contrary to the evidence before the board; and
(d) the relief requested from the city council.
(2) Notice of appeal from a decision of the board shall be filed within 14 days after the date on which the decision appealed from was made.
(3) If the last day for filing the notice of appeal is a Saturday, Sunday, or City holiday, then the notice of appeal may be filed on the next day which is not a Saturday, Sunday, or City holiday.
(4) A person filing a notice of appeal under this section shall, on the same day of the filing, mail or deliver a copy of the notice of appeal to the board.
(5) The city council may, in the disposition of any appeal, waive any requirement of any ordinance in any case in which the council considers the application of the requirement to be unjust and unnecessary to achieve the purposes of the ordinance. The city council may take any other action it deems advisable in deciding any appeal under this section.
Source: Ord. 20071129-011; Ord. 20080618-030; Ord. 20111215-053.
Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT2AD_CH2-1CIBO_ART2BO_S2-1-121BUFICOBOAPFetched: 10/27/2026