A. Created: There is hereby created a Fire Board of Appeals in Draper City to determine the suitability of alternate materials and type of construction and to hear and decide appealable orders, decisions and determinations made by the Fire Chief relative to the application and interpretation of the Draper City Fire Code.
B. Members:
1. Number And Qualification: The Fire Board of Appeals shall each consist of five (5) members who may not be employees of Draper City and who shall be qualified by experience and training to pass upon pertinent matters regarding the application and interpretation of the Draper City Fire Code.
2. Alternates: At least two (2) alternate members shall be appointed to the Board of Appeals. All alternate members shall meet the qualification requirements for regular members.
3. Appointment And Term: Members of the Board of Appeals shall be appointed by the Mayor with the advice and consent of the City Council to staggered terms of four (4) years; provided, that members may be appointed to terms shorter than four (4) years when necessary to provide for staggered terms.
4. Compensation: Members of the Board of Appeals shall receive a per diem allowance for each day or portion of a day spent performing Board duties, and all necessary travel and accommodation expenses incurred in the discharge of such duties, as the City Council may by resolution approve.
5. Removal: Members of the Board of Appeals may be removed with or without cause upon recommendation of the Mayor by a majority vote of the City Council; provided, that such member is given: a) written notice of the removal; and b) an opportunity to be heard by the City Council.
C. Organization And Procedure:
1. Chairperson: The Board of Appeals shall elect a Chairperson who shall administer oaths, compel the attendance of witnesses, and oversee the proceedings of the Board. In the event the Chairperson is absent from any proceeding, a Chairperson Pro Tempore may be appointed by a majority vote of the members present.
2. Fire Chief: The Fire Chief of Draper City shall be ex officio member of the Fire Board of Appeals. As such, the Fire Chief shall attend all proceedings of the Fire Board of Appeals and act as Secretary to the Board, but shall not vote upon any matter before the Board.
3. Rules Of Procedure: The Board of Appeals shall adopt rules of procedure for conducting its business.
4. Meetings: The Board of Appeals shall hold meetings at such times as the Board determines is necessary and as called by the Chairperson or the City Manager. Except as otherwise provided by law, all meetings of the Board of Appeals shall be open to the public.
5. Records: The Board of Appeals shall keep minutes of proceedings, including the vote of each member on each question, or the member's absence or failure to vote, and records of its examinations or other official actions. Such records shall be filed with the City Recorder and shall be open to the public pursuant to the Draper City government records access and management ordinance.
6. Quorum: A majority of the members of the Board of Appeals shall constitute a quorum and may act in behalf of the Board.
D. Notice And Hearing: The Board of Appeals shall fix a reasonable time for a hearing of the appeal, give any required public notice thereof as well as due notice to the parties in interest. The hearing shall be conducted in accordance with the provisions of the relevant Construction Codes. Any party may appear in person or by attorney at the hearing.
E. Decision: After the hearing, the Board of Appeals shall make a decision on the matter. Except as provided in subsection F of this section, the respective Board may, by majority vote, affirm, reverse, or modify the appealed order, decision or determination of the Fire Chief; provided, that any decision granting an appeal shall require votes from at least three (3) members of the Board in support of such decision. The Fire Board of Appeals shall render its decisions and findings in writing to the appellant with duplicate copies to the City Manager and the Fire Chief.
F. Limitation: The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of the Fire Code, nor shall the Board of Appeals be empowered to waive any requirements of the Fire Code.
G. Stay Of Proceedings Pending Appeal: An appeal stays all proceedings and furtherance of the action appealed from, unless the Fire Chief certifies to the relevant Board of Appeals after the request for hearing has been filed, that by reason of the facts stated, the stay would in his or her opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order which may be granted by the Board of Appeals or by a court of competent jurisdiction on application, notice and good cause showing.
H. Judicial Review Of Board's Decision: The City, or any person aggrieved by any decision of the Board of Appeals, may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction, provided, the petition for such relief is presented to the court within thirty (30) days after the date such decision is rendered. (Ord. 185, 8-8-1995)