§ 26-108. Board of appeals.

Sec. 26-108.1. Purpose. For the purpose of determining questions of fact as to the acceptability and adequacy of alternative materials, equipment, methods of preventing fires and promoting fire safety, and for providing for the review of the decisions of the fire chief in the interpretation of this code, the building and fire codes board of appeals is designated as the board, to be constituted and conduct proceedings in accordance with provisions appearing in section 18-12 of the Code of Ordinances.

Sec. 26-108.2. Powers and Duties.

(a)

The board shall have the power to approve the use of alternate materials, equipment, and types of construction and methods of preventing fire whenever in any specific case the board shall find and determine that the application of a general rule or regulation governing such use will, by reason of exceptional circumstances or condition, constitutes a practical hardship. The board shall hear and render decisions on all appeals from the decisions of the fire chief. The board shall further be empowered to interpret the intent of this chapter in specific cases and to authorize responsible, minimum modifications from the literal provisions of this chapter where it is determined that such modification is, for the purpose intended, at least the equivalent of that prescribed in this chapter with respect to fire safety and fire prevention measures. All rulings and actions of the board shall be consistent with the spirit and intent of this chapter.

(b)

The board shall have no authority relative to interpretation of the administrative provisions of this chapter, nor shall the board be empowered to waive requirements of any part of this chapter.

Sec. 26-108.3. Right of Appeal. Except in emergencies, as set out in section 26-104.11, of this code, the right of appeal is as follows:

(1)

Any decision of the fire marshal concerning enforcement of this chapter may be appealed to the fire chief by any person aggrieved by any order or ruling of the fire marshal. Such appeal shall be taken within 48 hours from the receipt of the order or ruling appealed, by filing with the fire chief a written notice of appeal setting forth the grounds therefore. Within ten days following receipt of the written appeal, the fire chief shall review the order or ruling and issue his written decision thereon, unless the review period is extended by mutual agreement of the parties.

(2)

Any decision by the fire chief may be appealed to the building and fire code board of appeals, described hereafter as the "board". Such appeals shall be taken within ten days from the date of the order or other ruling appealed, by filing with the secretary of the board a written notice of appeal setting forth the grounds therefore. Before the board is called, the appellant shall pay a fee of $75.00, payable to the city treasurer.

(3)

An appeal to the fire chief or to the board stays all enforcement of determination from which the appeal is being taken.

(Ord. No. 150169 , § 1, 4-9-15)