A. A seller may apply to the building official for an exemption from one or more of the universal design features required to be offered under this chapter. The building official shall establish policies and procedures that provide for building official review of requests for exemptions under this section. The policies and procedures shall require the building official to provide a written decision within ten (10) calendar days of the filing of a completed request for the exemption. A copy of the decision shall be delivered to the seller personally or sent to him or her by certified mail, postage prepaid, return receipt requested. Requests for exemptions shall be submitted on a form prescribed by the building official.
B. The building official shall approve a request for an exemption of a universal design feature required by this chapter if the building official finds either one or both of the following:
1. That the seller has demonstrated that compliance with the requirement to offer and install a universal design feature under this chapter would create an undue hardship due to topographical conditions of the site, lot size, and/or other site constraints and that equivalent facilitation is not available;
2. That the seller has demonstrated that compliance with a request to install universal design features under this chapter would result in an unreasonable delay in construction or would result in non-reimbursable costs to the seller.
C. Any person aggrieved by the building official's decision under this section may appeal the decision to the building and fire code advisory and appeals board, the mechanical and plumbing code advisory and appeals board, or the electrical code advisory and appeals board, as determined by the building official. The appeal shall be filed, processed, and heard in the manner described in Chapter 2.48 for appeals to the building and fire code advisory and appeals board, Chapter 2.49 for appeals to the mechanical and plumbing code advisory and appeals board, or Chapter 2.50 for appeals to the electrical code advisory and appeals board. The proceedings on the appeal before the appeals board shall be de novo. The decision of the appeals board shall be final. (Ord. 2010-003 § 1)15.154.060