(A) Purpose. It is the purpose of this subchapter to prescribe regulations consistent with nationally recognized good practice for the safeguarding, to a reasonable degree, of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings, structures or premises. Compliance with all existing regulations of the city and laws or regulations of the state or compliance with approved nationally recognized safety standards shall be deemed to be prima facie evidence of compliance with this intent and purpose.
(B) Application. The provisions of this subchapter shall apply equally to new and existing conditions except that existing conditions not in strict compliance with the terms of this subchapter shall be permitted to continue where, in the judgment of the Fire Marshal, the exceptions do not constitute a distinct hazard to life or property.
(C) Appeal. Any person aggrieved by any decision, ruling or order of the Fire Marshal may appeal to the Fire Chief. The appeals shall be made within ten days of the decision, ruling or order complained of by filing with the Fire Chief a notice of appeal specifying the grounds thereof and the relief requested. The Fire Marshal shall forthwith transmit to the Fire Chief all papers constituting the record upon which the decision, ruling or order appealed from has been made. The Fire Chief shall fix a reasonable time for hearing of the appeal and give due notice thereof by mail to the principal party of interest. The Fire Chief shall decide the question within a reasonable time.
(1) Except in case of emergency, the appeal shall act as a stay of any decision, ruling or order until either approved, modified or set aside by the Fire Chief. At the hearing, any party may appear in person or be represented by his or her duly authorized agent.
(2) The Fire Chief, upon hearing the appeal, shall either affirm, modify or set aside any decision, ruling or order. The particulars of any modification and the decision of the Fire Chief shall be entered upon the records of the Fire Department and a signed copy shall be furnished the appellant.
(Ord. 307, passed 3-28-1967)