Building code variance

What is it?

In some cases, you as the building owner can request a variance from the code. A variance is appropriate when

Existing conditions in a building make it very difficult to follow the letter of the code AND
You are taking steps to provide an equivalent level of safety.

A variance is not a code waiver. You must meet the intent of the code. The Building Board of Appeals (BBA) decides whether to approve variances. If your proposed equivalency does not meet the intent of the code, the BBA will not approve it.

**Please note, this variance is different from a Zoning variance. For setbacks, see zoning.**

How do you apply?

Fill out the Building Variance application based on your building type.

Variances for one or two family detached homes

The table on the application shows common conditions that need a variance. It also shows the code minimum requirements. Follow the steps below to fill out the table.

In the left hand column, put a check mark next to all conditions in your project that cannot be made to meet building codes.
In the right hand column, write the measurement of your existing conditions, as they will be measured when the project is finished
If you have more conditions that will need a variance and are not in the table, list the conditions in the blank rows at the bottom of the table

Variances for commercial buildings

(Note, this category includes residential buildings with three or more attached units)

The variance fee is $490 for commercial buildings

Fill out the application with contact information and notarize the form
Include all required attachments listed on the application

Submit your application

Submit your application with the permit application and plans for your proposed project.

For digital submittals, include the variance application as a supplemental document (see instructions). Digital submittals are only available for 1 and 2 family homes.
For hard copies, print the completed application and include it with your submittal. You must submit hard copies of plans and the application for commercial buildings.
If you have variance questions before you submit plans, make an appointment with us. Be ready to answer questions about
- the scope of the project
- the options you have explored to bring the conditions up to current codes
- why is it unfeasible to do do

Staff will review the application once we receive it. We may require plans that clearly show the existing conditions. An inspector may visit the site to verify the conditions. One of two things will happen:

If the BBA has approved at least five variances for the same item, we may approve yours on precedence. Staff will contact you for payment. You will receive your variance by email after paying. You are now done with the process.
If the BBA has not approved a variance for the item in the past, staff will contact you to discuss your application. Continue to the next step.

Schedule a BBA hearing

The Board meets virtually the third Tuesday of the month at 1 PM. The deadline for submissions is the first Tuesday of the month.

Attend the BBA meeting.

The Building Board of Appeals meets virtually once a month. You will receive a link by email 48 hours before the meeting. At the meeting, you will need to answer the Board’s questions.

Receive decision.

Staff will mail the variance decision within 7 days of the meeting date.