(a) When an enforcing agency refuses to grant an application for a building permit, or when the enforcing agency makes any other decision pursuant or related to this article, or the building code, an interested person, or his authorized agent, may appeal in writing to the building code board of appeals. The board of appeals shall hear the appeal and render and file its decision with a statement of reasons with the enforcing agency from whom the appeal was taken not later than 30 days after submission of the appeal. Failure by the board of appeals to hear an appeal and file a decision within the time limit is deemed a denial of the appeal for purposes of authorizing the institution of an appeal to the commission. A copy of the decision and statement of the reasons therefor shall be delivered or mailed, before such filing, to the party taking the appeal. A record of decisions made by the board of appeals, properly indexed, shall be kept by the enforcing agency and be open to public inspection during business hours.
(b) Variances may be granted in accordance with the building code; and the board may attach, in writing, any condition to a variance granted, which in its jurisdiction is necessary to protect the health, safety and welfare of the public.
(c) The board of appeals shall establish the general building limitations for fire districts as required under the code. Until the board acts on this matter, such districts shall be as follows:
(1) Fire district number 1 shall consist of those areas in zoned commercial, light and heavy manufacturing.
(2) Fire district number 2 shall consist of those areas in zoned multiple family and containing three or more dwelling units.
(3) Fire district number 3 shall consist of any structure or building outside of fire districts 1 and 2.
(d) The board of appeals shall comply with the administrative procedures under the state construction code, but may establish its own rules of procedure supplementary to and not inconsistent with such procedures or the rules of order for boards and commissions approved by the city council. A member of the board of appeals who has a pecuniary interest in any matter before the board shall disclose that interest prior to the board's taking any action, which disclosure shall be made a matter of record in the official proceedings.
(e) The board shall keep a record of its resolutions, transactions, findings and determinations as minutes in accordance with the Michigan Open Meetings Act, MCL 15.26 et seq.
(Ord. No. 92, § 2, 10-21-1974; Ord. No. 92-A-82, § 2, 12-20-1982; Ord No. 143, 5-3-2004)
*State law reference-State Construction Code Act, MCL 125.1501 et seq.
Cross reference-Boards and commissions, 2-206 et seq.
State law reference-Construction code board of appeals, MCL 125.1514 et seq.