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Appointed by the governing body and serving at its <br />pleasure, members of the Board of Appeals must be qualified by <br />experience and training to rule on construction issues. Uniform <br />Building Code, § 204 (1985). Members may not be employees of <br />the jurisdiction. Id. The building official acts as an <br />ex -official member and secretary to the Board. Id. The Board <br />must adopt rules of procedure and render its findings in writing <br />to the appellant and building official. Id. <br />The UBC does not set out a standard of review for the <br />Board's review of a building official's decision. The functions <br />of the Board as set out in the UBC, however, include ruling on <br />interpretation of the code and the use of alternate materials <br />and methods. Uniform Building Code, § 204 (1985). Discussions <br />with the Department of Administration and the Attorney General's <br />office suggest: that the Board of Appeals would grant some <br />deference to the building official's decision. According to <br />these sources, i-he Board would essentially determine whether <br />there is a rea.-c,-iable basis for the decision. <br />B. Department of Administration Staff Review <br />Under Section 16B.67 of the Minnesota Statutes, "a <br />person aggrieved b.t the final decision of any municipality as to <br />the application of the code . . . may . . . appeal to the <br />commissioner." Ming. Stat. § 16B.67 (1987). An issue arises as <br />to what constitutes a "final decision" of the municipality. <br />Apparently the Board of Appeals decision would represent a final <br />decision. Officials at the Department of Administration and the <br />Attorney General's office indicate, however, that the Department <br />of Administration staff makes an initial review of the Board of <br />Appeals decision and refers the matter back to the local Board. <br />This interim staff review is not codified by rule but <br />has apparently uaen pracr.ically implemented by the Department of <br />Administration. According to Department of Administration <br />staff, fifteen days after the Board of Appeals decision an <br />aggrieved party must file for review with a staff member having <br />expertise in the particular construction issue. The staff <br />member reviews whether the Board has acted within its scope of <br />authority and whether the decision was reasonable. If the staff <br />finds a decision unreasonable or outside the Board's scope of <br />authority, the Board must reconsider its decision. <br />This reconsideration would certainly constitute a <br />"final decision" triggering the official Department of <br />Administration appeal right pursuant to Minn. Stat. Sectio•i <br />16B.67. In the absence of any authority for this staff review <br />in the rules, it is unclear if d party could skip this step and <br />go directly to the formal Department of Administration review <br />discussed below. <br />-2- <br />