(A) Appeal; application for variance. A person may appeal an order of the fire chief, or apply for a variance from the order, by filing a written notice of appeal or a written variance application with the fire chief within ten days after the date of the issuance of the order. Additionally, whenever the fire chief disapproves an application, including but not limited to variances to the Fire Code, or refuses to grant a permit applied for, or when the fire chief issues an order enforcing the Fire Code and the aggrieved party claims that the Fire Code does not apply, or that the true intent and meaning of the Fire Code have been misconstrued or wrongly interpreted, the aggrieved party may appeal from the decision or order of the fire chief to the NAFRS Board within ten days of the fire chief's decision or order. All appeals specified in this section shall be made in writing and delivered to the fire chief for hearing by the NAFRS Board. An aggrieved party who does not appeal within the time specified shall be deemed to have waived all right to appeal.
(B) Hearing. A hearing must be held within 30 days after receipt by the fire chief of a timely appeal or variance application. The hearing must be held before the NAFRS Board. The Minnesota rules of evidence need not be strictly followed, and the records of the fire chief must be considered without further foundation.
(C) Decision. The NAFRS Board must issue a written decision within 30 days after the hearing, affirming, modifying, or overruling the fire chief's decision and approving or denying the variance application. The decision must be mailed or delivered to the person who filed the appeal or variance application, the fire chief, and the City Clerk. The decision of the NAFRS Board is the final decision of the city.
(D) Variance considerations and decision standard. In reviewing a variance application to the Fire Code or when considering an appeal of an order of the fire chief for variances from the Fire Code, the fire chief and the NAFRS Board, as applicable, shall take into consideration the benefit to be obtained by complying with the fire chief's decision or order and the effect on affordable housing, provided that the spirit of the Fire Code is complied with and public safety secured. In addition, a variance from the minimum requirements in the Fire Code may be granted by the fire chief, or the NAFRS Board upon a timely appeal of the fire chief's decision, as applicable, only if there is substantial compliance with the provisions of the Fire Code, the safety of the public and occupants of buildings will not be jeopardized, and undue hardship will result to the applicant unless the requested variance is granted. in size and shall otherwise comply with the standards from time to time established by the fire chief for such signs, subject to review and approval by the city engineer. The symbol for "No Parking" may also be used with the words "Fire Lane" below it. The fire chief may recommend other styles of fire lane signs for review and approval by the city engineer.
(E) State fire marshal. No appeal to the state fire marshal for a variance from orders issued by the fire chief or the NAFRS Board from the Fire Code shall be accepted until the applicant has first made application to the fire chief and the NAFRS Board and the same have acted on the application. The state fire marshal shall consider any decisions or recommendations of the fire chief and NAFRS Board. Any person aggrieved by a decision made by the state fire marshal under M.S. § 299F.011 may proceed before the state fire marshal as with a contested case in accordance with the Administrative Procedure Act.
(F) Liability. Pursuant to M.S. § 299F.011, subd. 5a, the NAFRS Board is not liable for damages in connection with granting variances, abatements, denials, or modifications of orders from the Fire Code that are made in good faith.
(Ord. 2023-02, passed 3-27-2023).