(A) Application for appeal.
(1) Any person shall have the right to appeal a decision of the Building Official. An application for appeal shall be based on a claim that the true 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 form of construction is to be used.
(2) The owner or owners may, within ten days after service of the notice by the Building Official and pursuant to the regulations of § 152.075, make a request in writing to the Building Official for a hearing to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of this code.
(B) Residential Appeals Board. An application for an appeal relating to residential construction decisions of the Building Official shall be decided by the Property Maintenance Appeals Board established by § 152.074.
(C) Limitations of authority. The Property Maintenance Appeals Board on hearing an appeal relating to interpretations or decisions of this code, shall have no authority relative to interpretations of this chapter, the administrative provisions of this code, nor shall the Board be empowered to waive any requirement of this code.
(D) Non-residential Appeals Board. An application for an appeal relating to construction decisions in non-residential buildings under the enforcement jurisdiction of the County Building Department shall be made to the County Board of Building Appeals.
(Ord. 98-152, passed 12-9-98; Am. Ord. 07-106, passed 10-3-07)