A. Jurisdiction: Any person aggrieved by a decision of the building official or the fire chief with regard to the building code or fire code may file an appeal to the board of appeals within thirty (30) days of said decision. "Decision" means any decision, determination, direction, notice, finding, or order of the building official or the fire chief.
B. Application: In order to file an appeal, the person must complete a form provided by the city department of housing and inspection services and pay a filing fee. In said application, the person filing the appeal shall state all code provisions applicable to the appeal, attach relevant supporting documentation, and explain the basis for the appeal.
C. Authority: The board of appeals may by majority vote reverse a decision by the building official or the fire chief based on the building code or fire code only if it finds that:
1. There are practical difficulties involved in carrying out the provisions of this code. "Practical difficulties" means that: a) the strict letter of this code is impractical; b) the modification is in conformance with the intent and purpose of this code; and c) such modification does not lessen any fire protection requirements or any degree of structural integrity; or
2. Any material, alternate design or method of construction not specifically prescribed by this code is appropriate. Any material, alternate design or method of construction is appropriate if: a) the proposed design is satisfactory and complies with the provision of this code; and b) the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation; or
3. If the building official has incorrectly interpreted a provision of the code; or
4. If the provisions of the code do not fully apply.
D. Hearing: The person shall be advised in writing of the time and place at least three (3) calendar days prior to the hearing. At the hearing, the board shall review all applicable evidence presented regarding the subject appeal.
E. Fees: Fees for filing an appeal shall be set by resolution of the city council. (Ord. 02-4038, 8-20-2002; Ord. 15-4631, 7-15-2015; Ord. 23-4903, 6-20-2023)