Electrical Board of Appeals and Examiners

The Electrical Board of Appeals and Examiners presides over hearings to decide appeals of orders, decisions, and determinations made by the electrical official relative to the applications of and interpretations to the National Electrical Code and City Ordinance; determines the suitability of alternate materials or methods of construction; investigates and presides over hearings on electrical licensing determinations; and reviews modifications or changes to the National Electrical code and City Ordinance and submits recommendations to the City Council. The board shall have no authority relative to the administrative provisions nor shall the board be empowered to waive requirements of the electrical code.

Number of Members

5

Special Qualifications

The board will consist of one representative of licensed electrical contractors; one representative of local light and power companies other than municipal; one representative of licensed journeyman electricians; one local representative from the state approved electrical engineers; and one member at-large. The chief electrical inspector will be the ex-officio member.

Residency/Registered Voter Requirement

Must be a resident and registered voter of Sioux Falls.

Summary of Duties

Examines applicants for licensing and determines the suitability of alternate materials, methods of installation and provides for reasonable interpretations of this code, and licensing determinations of the Chief Building Official.

Liaison:
Larry Kippes
Chief Electrical Inspector
Planning and Building Services
City Hall, Ground Floor
224 West Ninth Street
P.O. Box 7402
Sioux Falls, SD 57104-7402
605-367-8699

Membership

Electrical Board of Appeals and Examiners Members

  • Nathan Brandt - Term Expires - September 2025
  • Michael Fisher - Term Expires - December 2024 *
  • Bannon Larson - Term Expires - September 2025
  • Andrew Ritter - Term Expires - September 2025
  • Gary Fikse - Term Expires - December 2024

* Second Term

Section 55.011

55.011  Electrical board of appeals and examiners.

There shall be and is hereby created an electrical board of appeals and examiners consisting of one representative of licensed electrical contractors, one representative of local light and power companies other than municipal, one representative of licensed journeyman electricians, one local representative from the state-approved electrical engineers and one member at large. The building official or electrical inspector shall be an ex officio member and shall act as secretary of the board. The board shall be appointed by the mayor with the advice and consent of the city council and shall hold office for a term of three years. The board shall have the power to examine applicants for licensing and determine the suitability of alternate materials, methods of installation and provide for reasonable interpretations of this code, and licensing determinations of the chief building services official. The board of appeals and examiners shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. The board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicated copy to the building official.

 

Frequently Asked Questions

What Boards are administrated by Building Services?

  • Building Board of Appeals
  • Electrical Board of Appeals and Examiners
  • Plumbing Board of Appeals and Examiners
  • Mechanical Board of Appeals and Examiners

 

What adopted model codes and local ordinances are assigned to each respective Boar?

The Building Board of Appeals oversees the interpretation and application of the 2018 International Building Code, International Residential Code, International Existing Building Code

The current adopted codes can be found here.

 

What is the major function that the Boards are charged with?

This section provides an aggrieved party with a material interest in the decision of the building official a process to appeal such a decision before a board of appeals. This provides a forum, other than the court of jurisdiction, in which to review the building official’s actions or more specifically, the interpretation of any provision of the applicable code. This section literally allows any person to appeal a decision of the building official.  The intent of the appeal process is intended to provide a means of reviewing a building official’s decision on an interpretation or application of the code or to review the equivalency of an alternative which meets the intent of the appealed life safety code provision.

Are the Boards allowed to waive code requirements?

No. The application for an appeal typically claims that the intent of the code provision is incorrectly interpreted by building services staff, that a certain code provision does not fully apply or that an equal or better form of construction is proposed as an alternate to the specific code provision. The Boards do not have the authority to simply waive a requirement of the code. On the other hand, if a decision by a Board did in fact waive a requirement of the code provision, the Board could direct the Building Official to propose an ordinance to the specific code section for the City Council’s review.

Do the Boards have the authority to review administrative provisions of the respective codes?

No. The administrative provisions found in either the national model codes or local ordinances define the duties and powers of the building official concerning such items as permits, inspections, rights of entry, plan submittal documents, fee schedules, violation abatements etc. It defines the duties of department staff and are not technical life safety provisions that the Board is charged with reviewing.

 

What functions do the Boards perfrom?

  • Prior to submitting and ordinance change to the city council, the proposed modification is presented to the respective Board for discussion, review and consensus to make recommendations on the ordinance change prior to submitting the ordinance change to the City Council. At the national level, the code making authorities update and publish a new national model code standard every three years. The opinion of the respective Boards and subsequent recommendations are sought for all local code changes proposed prior to presenting the adoption of a national model code to the city council.
  • The Building Board of Appeals is charged with reviewing a house move into a residential area if a hearing is requested from the neighbors.
  • The Building, Electrical, Plumbing and Mechanical Boards oversee the licensures which are charged by ordinance to each respective division. The Boards grade and oversee the testing of licensed contractors, journeymen etc. If a hearing is deemed necessary to review, censure or revoke a residential contractor’s, mechanical contractor’s, plumbing contractor’s or an electrical contractor’s license, the respective board is charged with holding a hearing to make a determination on the license issue.

 

How often do the Boards meet?

Each Board is scheduled to meet monthly. The times, dates and locations are on the Building Services web site. Special hearings can be arranged subject approval of the chair of the Board

 

What is the process to request a hearing?

An application to request a hearing can be obtained at Building Services or on the Building Services web site. A $65 filing fee to accommodate the time spent by staff is charged for an appeal. There are no charges for an appeal requested for the Property Maintenance Board of Appeals. An application is submitted and the secretary of the Board sends an agenda typically a week before the hearing to the Board members.