A. Right to Administrative Review. Any person aggrieved by a determination made or action taken by the fire marshal under the fire regulations adopted by this title may apply to the fire chief for administrative review of such determination or action.
B. Applications for Administrative Review. Applications for the administrative review of a determination made or action taken by the fire marshal shall be in writing and shall be filed in the office of the fire chief no later than fifteen days following the date such determination or action was made or taken, or where a written notice of such determination or action is required to be served, no later than fifteen days following the date such notice is served; provided, however that the fire chief may extend the time for filing an application for the administrative review of a determination made or action taken by the fire marshal for good cause shown. In addition to setting forth a request for administrative review of a determination made or action taken by the fire marshal, such application shall contain a brief statement of the reasons why the applicant believes such determination or action does not comply with the fire regulations adopted by this title and the relief requested by the applicant from such determination or action.
C. Decision on Application for Administrative Review. Upon the filing of an application for administrative review of a determination made or action taken by the fire marshal, the fire chief shall consider the application and render a decision either affirming the determination or action of the fire marshal or reversing or modifying such determination or action. Prior to rendering a decision, the fire chief may, with sole discretion, convene an informal hearing for the purpose of reviewing evidence or hearing arguments bearing on such decision. Notice of the date, time, and place of such hearing shall be served a reasonable time prior to the hearing on the applicant and any other person who would be aggrieved by a decision reversing or modifying the determination or action of the fire marshal and who has filed with the fire chief a written request for notice of such decision. After rendering a decision, the fire chief shall promptly inform the fire marshal of the decision and cause a notice of the decision to be served on the applicant and any other person who would be aggrieved by a decision reversing or modifying the determination or action of the fire marshal and who has filed with the fire chief a written request for notice of such decision.
D. Stay of Determination Made or Action Taken by the Fire Marshal Pending Administrative Review. Any determination made or action taken by the fire marshal, save and except for an order revoking a permit, an order to stop work, or an order to vacate premises, which is made by the fire marshal pursuant to Chapter 16.52 of this title shall be stayed pending a decision of the fire chief on the application for administrative review of such determination or action.
(Ord. 1752 §3 (part), Ord. 2268, Ord. 2491 §11 (part))