(A) (1) Whenever a code official disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may, within 30 days, appeal in writing to the Fire Chief. The Fire Chief shall render a decision in writing within 30 days of the written appeal.
(2) The decision of the Fire Chief may be appealed to the Fire Code Board of Appeals. All appeals to the Fire Code Board of Appeals must be made in writing within 30 days of the Fire Chief's decision.
(B) The Fire Code Board of Appeals shall consist of 3 persons appointed by the City Manager and approved by Council who have previous experience in fire prevention and control. The City Manager may remove any member of the Board for cause upon written charges.
(C) The Fire Code Board of Appeals shall elect a chairperson and shall adopt the rules necessary to the conduct of its affairs. The Board shall not be a standing board but will be called by the City Manager upon receipt of an application for the appeal. All members of the Fire Code Board of Appeals must be present to constitute a quorum for the conducting of business. The Board may administer oaths and compel the attendance of witnesses. All meetings and records shall be open to the public.
(D) (1) The Fire Code Board of Appeals shall act by resolution or motion and shall keep minutes of its proceedings, showing the vote of each question, if a member is absent, or fails to vote, the facts of each appeal considered by the Board, and the section of an ordinance, if applicable, which the Board has considered in approving or disapproving any petition or other matter brought before the Board.
(2) An appeal of a decision by the Fire Chief shall stay all proceedings unless the code official certifies that, by reason of facts pertaining to the matter in question, a stay in their opinion would cause imminent peril to life and/or property. When the certification is made, proceedings shall not be stayed except by a restraining order granted by the Fire Code Board of Appeals or by the Court of Common Pleas.
(E) The Fire Code Board of Appeals shall fix a reasonable time for the hearing of any appeal. It shall give at least 10 days notice of the time and place of the hearing to the code official and appellant, the notice to be delivered personally or by mail addressed to the parties. Any party may appear at the hearing in person, by agent, or by attorney. The Board shall decide the appeal within a reasonable time.
(F) A decision rendered by the Fire Code Board of Appeals may be appealed to any appropriate court of law. Application for review shall be made in the manner and time required by law following the filing of the Board's decision in the office of the City Manager.
(1974 Code, § 92.07) (Ord. 36-92, passed 6-15-1992)