Robert Hale, d/b/a Bullwinkle Builders, Inc. v. City of Minot

Summary

The North Dakota Supreme Court affirmed the denial of Robert Hale’s application for a building permit for an addition to an assisted living facility in Minot. The Court held that the City’s Board of Appeals reasonably classified the facility as Institutional Group I-1 rather than Residential Group R-2, and that substantial evidence supported the classification and documentation requirements. The Court also upheld the Board’s refusal to grant requested modifications or alternative wiring methods under the applicable building code.

Holdings

1. The Board did not act arbitrarily, capriciously, or unreasonably in classifying Somerset Court's proposed addition as Institutional Group I-1 rather than Residential Group R-2, and substantial evidence supported that classification.
2. The Board properly upheld the building official's determination that Hale's submitted documents were insufficient and that plans and a code study prepared or certified by a qualified, licensed design professional were required.
3. Hale was not entitled to a modification or approval of alternate wiring under IBC §§ 104.10 and 104.11 because the record did not establish that the proposed alternative satisfied the applicable safety and equivalency requirements.

Questions Presented

1. Whether the City Board of Appeals acted arbitrarily, capriciously, or unreasonably, or lacked substantial evidence, in classifying Somerset Court's proposed addition as Institutional Group I-1 rather than Residential Group R-2.
2. Whether the Board properly upheld the building official's requirement that Hale submit plans and a code study prepared or certified by a registered design professional.
3. Whether the Board was required to grant a modification or approve alternate materials or methods of construction under IBC §§ 104.10 and 104.11.

Disposition

affirmed