A. Reservation Of Power: Notwithstanding any provisions of the city building codes to the contrary, the city council reserves the power to provide for alternate safety procedures or requirements in lieu of those required by said city building codes in cases where the occupancy of an existing building is changed from a use or occupancy that complied with the code to a use or occupancy where the newly required safety procedures present practical difficulties in strict compliance with the code.
B. Practical Difficulties: Practical difficulties can involve cost of the safety procedure compared to the value of the building; the nature of the previous use, and the new use to which the building is to be put; the degree of risk, or lack thereof, given the alternative safety procedures to be employed; whether the required safety procedure or procedures is not present in other buildings or structures of the same proposed occupancy; square footage of the building and its various occupancies; and any other factor deemed relevant by the council. Requirements which cannot be waived are those relating to exits, kitchen hoods and connected fire suppression systems.
C. Request For Review: In the event a new occupant believes that the interpretation of the building codes and/or its requirements by the city building inspector gave rise to practical difficulties of the type described above, the new occupant may request review of such requirements by the council, in which case, such new occupant shall not be required to appeal to the board of appeals created by the building codes. Such requests shall be filed directly with the city clerk-treasurer, and shall specify, at a minimum:
1. The location of the property in question;
2. The use to which the premises were previously put;
3. The use to which the occupant intends to put the property;
4. The requirement which the building inspector has determined should be applied;
5. An explanation as to why such requirement imposes practical difficulty; and
6. The alternative safety measures the applicant proposes in lieu thereof.
D. Council Review Of Request: At city council meeting at which the matter is set on the agenda, the city council will review the written request, hear statements from the occupant, building inspector, fire chief, and any other person attending the meeting who the mayor and/or city council feels can aid the city council and mayor in their decision. The matter may then be tabled for further study, denied or approved as presented or approved as amended by the council. The decision of the council shall be reduced to writing and a copy shall be delivered to the occupant, building inspector, fire chief and anyone else requesting a copy of the same.
E. Order By Council; Violation: In the event the council order allows alternate safety procedures to be used, the order will contain the legal description of the property involved and set forth in detail the alternate safety procedures to be followed and such other conditions as deemed appropriate. The order will be considered the same as an occupancy permit which will be effective when the provisions thereof and other applicable provisions of the fire code and building code are complied with. A violation of the order will result in the cancellation of the occupant's occupancy permit. The order shall be signed by the mayor, property owner and any tenants and shall be recorded with the Twin Falls County recorder. (1974 Code § 3-202)