1355.03  MODIFICATIONS.
   (a)    Whenever the Code Official finds that the enforcement of the provisions of this Code would impose a burden upon the owner of the building or structure that unduly outweighs the City’s interest in the health, safety or welfare of the public, the Code Official shall have the authority to grant modifications for individual cases.  Such modifications shall not be granted unless the Code Official finds that:
      (1)   Special conditions, which do not result from any action or omission by the aggrieved party, makes the strict letter of this Code impractical;
      (2)   The modification is in compliance with the intent and purpose of this Code; and
      (3)   Granting the modification would not lessen any other health, life and/or fire safety requirements. 
   Any modifications granted by the Code Official shall be recorded and entered in the department files. 
   (b)    Alternative Materials, Methods and Equipment. The provisions of this Code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this Code, provided that the Code Official has approved any such alternative.  An alternative material or method of construction may be approved where the Code Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this Code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, fire resistance, durability and safety.
   (c)    Required Testing.
      (1)   Whenever there is evidence of noncompliance with the provisions of this Code, or evidence that a material or method does not conform to the requirements of this Code, or in the consideration of requests for alternative materials or methods, the Code Official shall have the authority to require tests be made as evidence of compliance, at the cost of the owner.
      (2)   Test methods shall be as specified in this Code or by other industry- recognized test standards.  In the absence of recognized and accepted test methods, the Code Official shall approve the testing procedures.
      (3)   All tests shall be performed by an approved agency.
      (4)   Reports of tests shall be retained by the Code Official for the period required by Section 1355.02(g).
   (d)   Material and Equipment Reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, and have placed in good and proper working condition, and have been approved by the Code Official.
   (e)    Appeals.  Any person aggrieved by the denial of a modification, or any person specially aggrieved by the granting of a modification, may appeal such decision to the Appeals Board. 
(Ord. 04-36. Passed 1-18-05.)