(a) Any person who feels that an injustice has been done him by any order, rule, or regulation of the Commissioner of Planning and Natural Resources or the Commissioner of Health issued under the authority provided in this Code may appeal therefrom to the Board of Land Use Appeals by filing a written notice of his appeal with the Board within thirty (30) days after receipt of the order or ruling complained of.
(1) Approving or disapproving the mode or manner of construction proposed to be followed;
(2) Approving or disapproving the materials to be used in the erection or alteration of a building or structure;
(3) When it is claimed that the provisions of the Code do not apply;
(4) When an equally good or more desirable form of construction than the one required by the permit official can be employed in a specific case;
(5) When it is claimed that the true intent and meaning of this Code or of some of its provisions have been misconstrued or wrongly interpreted;
(6) When it is claimed that there are special extraordinary circumstances in the case which justify variances from the requirements established in this Code.
(b) Board of Land Use Appeals
(1) In addition to any other powers vested in the Board of Land Use Appeals, said Board shall have the power to hear and decide appeals made against any order, rule or regulation, action or decision made by the Commissioner of Planning and Natural Resources and/or the Commissioner of Health in the enforcement or interpretation of the Building Code.
(2) The Board shall hold a public hearing in cases of appeal with due notification to the interested parties.
(3) The Board may, in conformity with the provisions of this section, reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination appealed from, and may grant variances in the application of any of the provisions of this chapter to any particular case when, in its opinion, the strict enforcement thereof would be contrary to the spirit and purpose of this chapter, or to the public interest.
(4) When the Board reaches a decision granting a variance from the application of any of the provisions of this chapter or modifying an order of the Commissioner, the Board shall express in the corresponding resolution in what manner such variance or modification is to be made, the conditions on which the decision was made, and the reasons therefor. Copies of such resolution shall be delivered to the Commissioner and the person or parties making the appeal.
(5) Action by the Board of appeals shall be taken within thirty (30) days of the receipt of such appeals.
(6) The decisions of the Board shall be subject to review by a court of competent jurisdiction of the Virgin Islands provided an appeal is filed within 45 days of receipt of the decision from the Board.
(c) Terms of effectiveness of the decisions of the Board
(1) Every decision of the Board by which the construction of any undertaking is authorized shall expire and remain without any effect or value if a proper application for a permit for the work is not made within a period of 180 days after the date of such decisions.
(2) Such decision shall likewise lose its effect and value, together with the permit issued for the work in question, if the work is not commenced within a period of 120 days after the date on which the permit was issued.
(3) Such decision and permit will also lose its effect and value if the construction is not completed within 360 days after it was commenced unless an extension of time has been requested of and granted by the Commissioner.