§ 150.152 APPEALS.
   (A)   Appeals from decisions of the Director of Community Development regarding regulations of this subchapter, may be made to the Construction Codes Commission pursuant to the regulations set forth in § 150.111.
      (1)   The Commission may by majority vote, reverse, affirm or modify any order, requirements or decision of the Director of Community Development pertaining to the interpretation of this subchapter.
      (2)   Appeals to the Construction Codes Commission shall be made by written application. The application shall clearly and concisely state the reason for the appeal. Appropriate drawings, material samples and technical bulletins shall be submitted with the application.
   (B)   Appeals may be made to the Construction Codes Commission requesting permission to use construction materials that do not conform to the specification sections of this subchapter.
      (1)   The Commission may permit variations from specified material provided that the proposed materials meet or exceed structural design criteria required by ordinance.
      (2)   Materials previously reviewed and approved for use by the Commission may be used without additional review.
      (3)   Materials complying with or exceeding the recognized standards of previously approved materials, may also be used without additional review.
   (C)   Appeals may be made to the Construction Codes Commission requesting a variation to permit the construction of a building that does not strictly comply with a provision, or provisions of this subchapter.
      (1)   The Commission may permit variations from specified provisions provided that the basic intent of the code provisions are being met and provided further that the applicant enter into an agreement, satisfactory to the City Attorney, agreeing to make any required code compliance adjustments, when directed to do so by the Construction Codes Commission upon the recommendation of the Director of Community Development, that conditions have changed to such an extent that strict compliance with provisions of this subchapter is now necessary.
      (2)   Any person, firm, corporation or representative, who shall file an application for an appeal to the Construction Codes Commission for a variation shall pay a fee in accordance with a schedule of fees established by the City Council in order to defray the approximate cost of such review procedures.
(Prior Code, § 9-92) (Ord. 94-11B, passed 4-21-1994)