We are still working on our new website and encourage you to explore and provide feedback.For the most up to date and critical information and services you can visit the main site at https://www.tucsonaz.gov/
Appeal to the Building Official(PDF, 46KB)
Administrative Decision and Appeals
The City of Tucson Technical Construction Codes are performance codes that set out the minimum requirements to protect the public health and safety. Unlike the Land Use Code, Construction Code requirements cannot be waived. However, code sections provide authority for the Building Official to exercise professional judgement and flexibility in code enforcement.
Administrative Decisions and Appeal Guidelines
Step 1: Staff Decisions
Plan Reviewers approve issuance of permits when the plans and specifications document that the project will comply with the code, including approval of any alternative methods or materials. Inspectors approve the work and authorize certificates of occupancy when the work matches the approved plans and is otherwise found to be in substantial compliance with the code. Alternate methods and materials may be approved provided there is no substantial change to the approved plans. If a substantial change is proposed, a “Plan Revision” review is required. If a plan or construction is not approved, staff is obligated to cite the applicable code section,identifywhatdoesn’tcomply and explain why.Staff is NOT authorized to redesign projects.
Step 2:Supervisory Review
Any customer dissatisfied with a field inspector’s decision may request a review by that person’s supervisor. Supervisor’s are responsible for thoroughly investigating and responding to all questions as quickly as possible. If further appeal is requested the inspection supervisor will provide written recommendations on the question. Plans examiners and permit specialists will provide written recommendations on their decisions that are appealed.
Step 3:Administrative Appeal
The applicant shall file a written appeal(PDF, 46KB) on the forms provided by the Building Official and accompanied by a nonrefundable fee on or before Friday of each week, not later than 4:00pm. The appeal will be logged in by the Administrative Secretary. The appeal will be heard by the Building Official within ten days.
Step 4: Any person who desires a review by the Advisory/Appeals Board may do as follows:
The Advisory/Appeals Board shall provide notice to the applicant in writing. Decisions of the board shall be made by a majority vote of the members present.
Step 5: Court Appeal
A decision of the Advisory/Appeals Board shall be final. No further appeal is available to City boards or officials. Persons wishing further review must file their appeals in Superior Court.
Administrative Code / Authority / Court Review of Board Decision
202.11 Administrative Appeal. Whenever a violation of any of the technical codes of this code is determined, whether during construction or at the plan review stage, and the applicant wishes to appeal the decision of staff because of code interpretation, unreasonable hardship or other unacceptable reasons, an appeal may be made to the Building Official in the following manner:
204.3 Authority. The Advisory/Appeals Board shall hear appeals of orders, decisions or determinations made by the Building Official concerning application and interpretation of the technical codes and may determine the suitability of alternate materials and methods of construction and to recommend modifications to the applicable technical code review committee.
204.4 Advisory/Appeals Board Appeal. Any person who desires a review by the Advisory/Appeals Board may do so as follows:
An application for review shall be filed on forms provided by the Building Official and accompanied by a non-refundable fee not less than three weeks prior to the regular scheduled Advisory/Appeals Board Committee Meeting. The three week advance filing requirement may be reduced at the discretion of the Advisory/Appeals Board.
204.5 Court Review of Board Decision. A decision of the Advisory/Appeals Board, made at a duly scheduled and publicly noticed meeting, unless otherwise stated by the Advisory/Appeals Board in the body of said decision, shall be final. No further appeal is available to City or County boards or officials. persons aggrieved by final decisions of the Advisory/Appeals Board must file their appeals in Superior Court
For further information and any questions please contact the Building Code Administrator at (520) 791-5550.