Michael F. Witteried, Mary T. Witteried, and Joshua Witteried v. International Residential Code Board of Appeals of the City of Charles Town

Summary

The Supreme Court of Appeals of West Virginia affirmed the dismissal of a petition for writ of certiorari challenging the expiration of the petitioners’ residential building permit. The Court upheld the Board’s interpretation of the applicable International Residential Code provision, concluding that the permit could expire when the permit holder failed to timely call for required inspections and the work was not continuous. The Court determined that the petitioners’ contrary interpretation would produce an absurd result.

Holdings

1. Under § R105.5 of the applicable International Residential Code, when a permit holder fails to timely call for required inspections, the City's code official may find that the authorized work has not been continuous and may reasonably conclude that the building permit has expired.
2. The circuit court did not abuse its discretion by dismissing the writ of certiorari and affirming the Board's determination that petitioners' building permit had expired.

Questions Presented

1. Whether the Board properly interpreted § R105.5 of the 2009 International Residential Code for One and Two Family Dwellings to permit a code official to conclude that a building permit expired when the permit holder failed to timely call for required inspections.
2. Whether the circuit court abused its discretion by dismissing the petition for a writ of certiorari and affirming the Board's decision that petitioners' building permit had expired.

Disposition

affirmed