DocketNumber: C.A. No. 95-4923
Judges: <bold><underline>GIBNEY, J.</underline></bold>
Filed Date: 6/13/1996
Status: Precedential
Modified Date: 7/6/2016
Pursuant to R.I.G.L. 1956 (1991 Reenactment) §
The record before this Court contains a decision issued by the Warren Building Code Board of Appeals. A copy of that decision is attached hereto. This decision was rendered with respect to an application filed by the plaintiffs, requesting relief pursuant to Title 23 Chapter 27.3 et al., of the GeneralLaws of Rhode Island, entitled "State Building Code", Title 45, chapter 24 et al., of the General Laws of Rhode Island and Article III § 32-19A et al., of the Zoning Ordinance of the Town of Warren in their "Grounds for Appeal." (See Exhibit A.) (emphasis added.) Furthermore, the plaintiffs' Exhibit A was typed on Building Code Board of Appeals stationery. Id. The decision before this Court, issued on the Warren Building Code Board of Appeals stationery, contains findings of fact regarding the Building Code. Absent from this decision, however, are the requisite findings with respect to zoning matters properly appealable under G.L. §
Any appeals from the local Building Code Board of Appeals must go "to the State Board of Standards and Appeals within twenty (20) days after the filing of the local decision with the building official and owner." G.L. 1956 (1995 Reenactment) § 27.3-127.2.5 (f). Accordingly, the building code "issue" is not properly before this Court.
This Court denies the plaintiffs' request to reconsider and/or remand the decision of April 24, 1995 in the matter ofErklauer v. The Town of Warren Zoning Board of Review.
Order to enter.