(a) The Board of Fire Code Appeals is hereby established consisting of members and alternate members of the Architectural Review Board as appointed by the City, by reason of education, experience, and knowledge, and are deemed to be competent to sit in judgment on matters concerning this Code. The Board of Fire Code Appeals shall provide for reasonable interpretation of the provisions of this Code and rule on appeals from decisions of the Fire Safety Inspectors.
(b) The Board of Fire Code Appeals shall meet whenever requested by the Bureau to interpret provisions of this Code, and to consider and rule on any properly filed appeal from a decision of a Fire Safety Inspector, giving at least five days notice of hearing, but in no case shall fail to meet on an appeal within thirty days of the filing of the appeal.
(c) Whenever a Fire Safety Inspector disapproves an application for variance from the Fire Prevention Code, refuses to grant a permit, or when it is claimed that the provisions of the Code do not apply, or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant so affected may make a written request for an appeal hearing within twenty days of being notified of the decision. The appeal shall be in writing, shall be filed with the Commissioner of Building and Zoning, shall outline the issues to be presented as well as the Code provision from which relief is sought, shall state the reasons for such relief, and shall state the remedy proposed. The Board of Fire Code Appeals shall render a decision based on testimony submitted by all affected parties. Such decision shall be served by U.S. Certified Mail, Return Receipt requested.
(d) When an appeal has been filed, the enforcement of any non-threatening condition will be held in abeyance until such time as the appeal is heard and a decision has been rendered. Any conditions that create a serious threat to life, property, or public welfare shall be corrected immediately, regardless of the appeal. It shall be the sole discretion of the Fire Safety Inspector as to the severity or threat of the condition.
(Ord. 43-97. Passed 5-27-97.)