Loading...
The Fire Board shall have the authority to make and adopt supplemental rules and regulations as may be necessary to accomplish the purpose and objective of this chapter. However, any rules and regulations, except rules and regulations governing procedures before the Fire Board and investigations by the Fire Board, shall not become effective until approved by the City Council.
The Fire Board may make reasonable interpretations of the provisions of this chapter to grant variances to the Fire Prevention Code and to determine the suitability of alternate materials and type of construction as required by this chapter. Any determination made by the Fire Board shall be in harmony with the intent of this chapter. The Fire Board may make recommendations from time to time to the City Council for revisions or changes to this chapter.
The Fire Board may review all Fire Department administrative regulations and policies relating to the enforcement/interpretation of the Fire Code and may make comments and recommendations pertaining to the regulations and policies to the Fire Chief, Mayor and City Council. (1968 Code §7-75.2(a); Ord. 78-147; 1980 Code; Ord. 84-43; Ord. 01-42; Ord. 11-19)
A. Any person aggrieved by any decision or order of the Fire Department's administration of this chapter may appeal the decision or order to the Fire Board.
1. The appeal shall be in writing signed by the person aggrieved or the person's agent or attorney and shall state briefly the grounds for the appeal.
2. The appeal shall be filed with the secretary of the Fire Board within ten (10) days after the action or decision.
3. The secretary of the Fire Board shall notify the appellant of the time, date and place of the hearing. At the conclusion of the hearing on appeal, the Fire Board may modify, affirm or reverse the decision or order of the Fire Department administration.
4. All appeals shall be heard at the next regularly scheduled meeting of the Fire Board unless for good cause shown otherwise.
B. Any person who is aggrieved by the order or decision of the Fire Board may appeal to the courts of Colorado in accord with the Colorado rules of civil procedure.
C. All hearings on appeal shall be de novo. An appeal shall stay all proceedings in connection with the decision or order appealed from unless the Fire Marshal certifies that a stay would cause imminent hazard to life or property. (Ord. 78-147; Ord. 84-43; Ord. 97-149; Ord. 01-42)
Members of the Board acting for the City in good faith and without malice in the discharge of their duties shall not hereby render themselves personally liable, and they are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required, or by reason of any act or omission related to the discharge of their duties. Any suit brought against a member or members of the Board, due to an act or omission performed by them in the discharge of their duties, shall be defended by the City to the final termination of the proceedings. (1968 Code §7-75.2(d); Ord. 78-147; Ord. 01-42)