(a) Composition, Appointment and Terms. In order to hear and decide appeals of orders, decisions, or determinations made by the Fire Chief or any Municipal Fire Safety Inspector relative to the application and interpretation of the Fire Prevention Code, there shall be established a Fire Code Board of Appeals. The Fire Chief shall be an ex officio member of said board but shall have no vote on any matter before the board. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Fire Chief. The Fire Code Board of Appeals shall consist of the members that comprise the Housing Renewal Commission. The terms of the members of the Fire Code Board of Appeals shall be coextensive with such member’s term on the Housing Renewal Commission. (Ord. 20-46AC CMS. Passed 10-19-20.)
(b) Hearings, Officers, Quorum and Rules. The hearings of the Fire Code Board of Appeals shall be public and held at the call of the chairman and at such times as the Board may determine. The Board shall organize annually and elect a chairman, vice-chairman and secretary. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of the Fire Prevention Code, and keep a record of its proceedings showing the action of the Board and the vote of each member upon each question considered. The presence of at least three members shall be necessary to hold a meeting. Concurrence of three members of the Board shall be necessary to reverse any ruling of the Fire Chief or Municipal Fire Safety Inspector.
(c) Appeals: Hearing Procedure.
(1) Any person affected by a decision of the Fire Chief or a notice or order issued under this Code shall have the right to appeal to the Fire Code Board of Appeals provided that a written application for appeal is filed within ten (10) days from the date of the decision, notice or order was served. An application for appeal shall be based on a claim that the intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equivalent method of protection or safety is proposed. The Board shall have no authority to waive requirements of this Code.
(2) The following shall be filed with the Code Administrator of the City:
A. A notice of appeal specifying the grounds thereof;
B. The name and address of the appellant or his/her agent: and
C. The appeal shall be based on a claim that the intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equivalent method of protection or safety is proposed.
(3) The Code Administrator, when the foregoing have been filed with him/her, shall immediately transmit the same to the Fire Chief and the chairman of the Board together with the other papers constituting the records, plus a concise written statement of the reasons for his/her actions citing a specific ordinance or ordinances justifying his/her action.
(4) The Board shall fix a reasonable time for a hearing to be held on the appeal and give notice of the hearing by certified mail, return receipt requested, upon those property owners or contractors named in the appeal, process an additional notice by a legal ad published once in a newspaper having a general circulation in the City, all of such notices to be sent and/or published at least two weeks before the date set for the hearing.
(5) Any party to the appeal may present such witnesses as they may desire. Any persons so testifying shall do so under oath and both the appellant and the appellee shall not only have the right to present testimony, but also have the right of cross examination.
(6) The entire record of the proceedings shall be taken by a registered professional court reporter and shall be transcribed into typewritten form.
(7) Upon the conclusion of all testimony, the Board may go into private session for discussion. The Board shall render its decision in a public session within thirty days from the date of the hearing.
(8) Each party receiving notice of the Board meeting shall also receive notice of its decision.
(d) Jurisdiction; Variances.
(1) Authority. Upon hearing an appeal, the Fire Code Board of Appeals shall have the following authority provided the appeal has been perfected in accordance with the provisions of the preceding section:
A. To review the actions of the administrative officer from which the appeal is taken and render a determination as to whether the actions of the officer are in accordance with the ordinances of the City. If the Board finds that the actions are not in accordance with City ordinances, it shall reverse the actions and render findings and judgment in accordance with such ordinances.
(2) Variances. The Board shall have no authority to waive requirements of this Code.
(3) Findings of Board. The Board shall make the following findings:
A. That the appeal is upon one of the foregoing grounds, and specify the same;
B. That the proposed appeal:
1. Is reasonable and necessary;
2. Will not be contrary to the public interest;
3. Will not increase the danger of fire or endanger the public safety;
4. Will not unreasonably diminish or impair established property values in the surrounding areas; and
5. Will not, in any respect, impair the public health, safety, morals or welfare of the inhabitants of the City.
C. In the event the foregoing findings of fact are not made, the Board shall disapprove the appeal.
(e) Appeal of Board’s Decision. Decisions of the Fire Code Board of Appeals shall be final within the Municipality, except that an appeal therefrom may be taken to any court of record in accordance with the laws of the State of Ohio, by any proper and interested party including the Municipality. (Ord. 20-26AC CMS. Passed 6-1-20.)