Mechanical Board of Appeals and Examiners

The Mechanical Board of Appeals and Examiners presides over hearings to decide appeals of orders, decisions, and determinations made by the mechanical official relative to the applications of and interpretations to the International Mechanical Code, International Fuel Gas Code, including Part V-Mechanical and Part VI-Fuel Gas of the International Residential Code, and City Ordinance; determines the suitability of alternate materials or methods of construction for mechanical and fuel gas systems; investigates and presides over hearings on mechanical licensing determinations; and reviews modifications or changes to the mechanical and fuel gas codes 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 mechanical and fuel gas codes.

Number of Members

5

Special Qualifications

Members will be qualified by experience and training to pass upon matters pertaining to mechanical design, construction, and maintenance.

Residency/Registered Voter Requirement

Must be a resident and registered voter of Sioux Falls.

Summary of Duties

Hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of the International Mechanical Code, the International Fuel Gas Code and Part V-Mechanical of the International Residential Code. Also determines the suitability of alternate materials or methods of installation and investigates and presides over hearings on licensing determinations.

Liaison:
Gary Klarenbeek
Mechanical Inspection Manager
Planning and Development Services 
First floor
231 N. Dakota Ave.
P.O. Box 7402 
Sioux Falls, SD 5704
605-367-8687

 

Membership

Mechanical Board of Appeals and Examiners Members

  • Travis Ball - Term Expires - July 2024
  • Ethan Thompson - Term Expires- January 2027
  • Marten Christensen - Term Expires - July 2024
  • Chris Weeg - Term Expires - January 2027*
  • Kyle Muchow - Term Expires -January 2026*
  • Ethan Thompson - Term Expires - January 2027

* Second Term

Duties

Duties of the Mechanical Board of Appeals and Examiners:

  • Hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of the International Mechanical Code, the International Fuel Gas Code and Part V-Mechanical of the International Residential Code.
  • Determine that the provisions of these codes do not fully apply.
  • Determine if an equal or better construction is proposed as an alternative.
  • Review all prospective changes to the mechanical and fuel gas codes.
  • Submit recommendations to the responsible official and the City Council.
  • Review licensing and test application determinations.
  • Examine applicants for licensing and to investigate matters brought to the board.


Authority

109.1 Mechanical board of appeals and examiners. There is hereby created a mechanical board of appeals and examiners to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of the International Mechanical Code, International Fuel Gas Code, including Part V-Mechanical and Part VI-Fuel Gas of the International Residential Code, to determine that the provisions of these codes do not fully apply, to determine if an equally or better construction is proposed as an alternative, to review all prospective changes to the mechanical and fuel gas codes and to submit recommendations to the responsible official and the city council, to review licensing and test application determinations and to examine applicants for licensing, and to investigate matters brought to the board. It shall consist of five members qualified by experience and training to pass upon matters pertaining to mechanical design, construction, and maintenance and the public health aspects of mechanical systems referenced in the International Mechanical Code and the International Fuel Gas Code. Members shall be appointed by the mayor with the advice and consent of the council and shall hold office for a term of three years. The board shall adopt rules and procedures for conducting its business. All decisions and findings shall be provided in writing to the appellant with a duplicate copy provided to the building services department.

109.1.1 Limitation of authority. The Mechanical board of appeals and examiners shall have no authority relative to interpretation of the administration of this code nor shall such board be empowered to waive requirements of this code.


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 Board?

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.