1303.04 DECISIONS OF THE BOARD OF APPEALS; VARIATIONS AND MODIFICATIONS.
   (a)   The Board of Appeals, when so appealed to and after a hearing, may vary the application of any of the provisions of this Building Code to any particular case, when in its opinion, the enforcement thereof would be manifest injustice and would be contrary to the spirit and purpose of this Building Code or public interest, or when, in its opinion, the interpretation of the Building Official should be modified or reversed.
   (b)   The decisions of the Board of Appeals to vary the application of any provisions of this Building Code to any particular case, or to modify an order of the Building Official, shall specify in what manner such variation or modification is made, the conditions upon which it is made and the reasons therefor.
   (c)   Every decision of the Board of Appeals shall be in writing and shall indicate the vote upon the decision.  Every decision shall be promptly filed with the office of the Building Official and shall be open to public inspection; a certified copy shall be sent by mail or otherwise to the appellant; and a copy shall be kept publicly posted in the office of the Building Official for two weeks after filing.
   (d)   The Board of Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay.
   (e)   If a decision of the Board of Appeals reverses or modifies a refusal, order or disallowance of the Building Official, or varies the application of any provision of this Building Code, the Building Official shall take action immediately in accordance with such decision.
   (f)   A person aggrieved by a decision of such Board, whether previously a party to the proceeding or not, or a Municipal office of the Board, may within fifteen days after the filing of such decision in the office of the Building Official, apply to the appropriate court for relief in accordance with the laws of the State.
(Ord. 33-1987.  Passed 3-2-87.)
   (g)   Nothing in this chapter shall be construed to authorize the Board to hear appeals from enforcement of the Ohio Basic Building Code which the Board is precluded from hearing by State law.