(A) Any person aggrieved by an order issued under this Fire Prevention Ordinance may petition for review of any order of the Fire Chief, the Division Chief of Code Enforcement and/or his designee(s). Such a person may file a petition using either, or all, of these procedures:
(B) A property owner or lessee with consent of the owner requesting a variance from the rules of the FPBSC will apply for such to the FPBSC.
(C) A property owner or lessee with consent of the owner requesting a variance from this chapter not part of rules of the FPBSC will apply in writing to the Board of Works. Granting a variance will be only upon the written application of the owner of the property, stating that:
(1) Practical difficulties have been encountered in implementing specific requirements of this chapter;
(2) Compliance with specific requirements of this chapter will cause unnecessary hardship to the owner; and
(3) The owner desires to take advantage of new methods or equipment, which are recognized as adequate for the purpose for which they are to be substituted' but will be approved by the Fire Chief and Division Chief of Code Enforcement.
(D) A variance may be granted only if the Board of Works determines in writing that: (1) the requested use or modification will conform to fundamental requirements for safety; and (2) granting the variance does not increase the risk of fire or danger to the public, firefighters or intended occupants. A copy of any variance granted will be retained by the division.
(E) Until a formal variance is granted by the Board of Works, the original violation cited, that is under appeal, will remain in effect.
(F) Whenever the city learns that a property owner or lessee violates the terms of a variance issued under this chapter, the city may employ legal action in this chapter.
(G) The Board of Works will retain the ability to table the variance request for one 30-day period to research the request if needed.
(Ord. 3-2017, passed 2-13-17)