A. Appeals: When the applicable Fire Chief, Fire Code official or building official disapproves of an application or refuses to grant a permit, or when there is a question as to the suitability of alternate materials and types of construction, or when there is a question of interpretation of the most currently adopted version of the International Fire Code or this chapter, the applicant or aggrieved party may appeal the decision of the applicable Fire Chief, Fire Code official or building official to a Board of Appeals, as required by the most currently adopted edition of the International Fire Code.
B. Appeal Procedure: A written notice of appeal, detailing all basis for appeal including the particulars regarding any claimed error or abuse of discretion, shall be filed with the applicable district or in those portions of the County that are not in a district, the County Building Department, before five o'clock (5:00) P.M. of the fifteenth calendar day after the decision of the applicable Fire Chief, Fire Code official, or building official has been made. The failure to physically file a notice of appeal with the applicable district or Building Department within the time limits prescribed by this section shall cause automatic dismissal of such appeal.
C. Board Of Appeals: The Board of Appeals consists of three (3) members who are qualified by experience and training to pass upon pertinent matters. The three (3) members are appointed by the district having jurisdiction or in those portions of the County that are not in a Fire District, the Board of Appeals shall be appointed by the Board of County Commissioners and hold office at the Board of Commissioners' pleasure. The applicable Fire Chief, Fire Code official or building official shall be an ex officio member and shall act as Secretary of the Board of Appeals or shall have the power to appoint a Secretary.
D. Conduct Of Hearings: The Board of Appeals shall conduct a hearing for the appeal within thirty (30) days of the filing of the appeal. The Board of Appeals shall adopt reasonable rules and regulations for conducting its investigations and shall render decisions and findings in writing to the applicable Fire Chief, Fire Code official, or building official, with a duplicate copy to the appellant within thirty (30) days after the hearing of appeal.
E. Idaho State Department Of Insurance: Pursuant to Idaho Code section 41-260, the Idaho State Fire Marshal's Office may hear appeals from aggrieved parties in reference to this Idaho State Statute after following the appeals procedure under subsections A, B, C, and D of this section. (Ord. 2021-06, 4-6-2021; Ord. 2019-08, 4-16-2019)