The applicant sought a hearing before the Building Code Commission regarding a dispute with the Chief Building Official over a partially constructed residential building.
The applicant had begun construction without a permit, leading to a stop work order and a Superior Court order requiring him to obtain a permit or demolish the building.
The Commission found that the applicant qualified as an 'applicant for a permit' under s. 24(1) of the Building Code Act.
However, because both parties agreed that the technical provisions of the Building Code applied and the applicant was willing to comply, there was no actual dispute concerning the sufficiency of compliance with the technical requirements.
Consequently, the Commission ruled it lacked jurisdiction to make a determination and noted that disputes regarding the issuance of a permit must be appealed to the Superior Court.