(A) Any person aggrieved by an order issued under this chapter shall have the right to petition for review of any order of the Fire Chief, the Fire Marshal and/or his or her designee(s). Such a person may file a petition using either, or all, of the following procedures:
(B) A property owner or lessee with consent of the owner requesting a variance from the rules of the FPBSC shall apply for such to the FPBSC.
(C) A property owner or lessee with consent of the owner requesting a variance from the provisions of this chapter that are not part of rules of the FPBSC shall apply in writing to the Town Safety Board. The granting of a variance shall be considered only upon the written application of the owner of the property, stating that:
(1) Practical difficulties have been encountered in the implementation of specific requirements of this chapter;
(2) Compliance with specific requirements of this chapter will cause unnecessary hardship to the owner; and
(3) The owner desires to take advantage of new methods or equipment, which are recognized as adequate for the purpose for which they are to be substituted; but shall be approved by the Fire Chief and Fire Marshal.
(D) A variance may be granted only if the Town Safety Board determines in writing that:
(1) The requested use or modification will conform to fundamental requirements for safety; and
(2) The granting of the variance does not increase the risk of fire or danger to the public, firefighters or intended occupants. A copy of any variance granted shall be retained by the Division.
(E) Until a formal variance is granted by the Town Safety Board, the original violation cited, that is under appeal, shall remain in effect.
(F) Whenever the town learns that a property owner or lessee is in violation of the terms of a variance issued pursuant to this chapter, the town may employ legal action as set forth in this chapter.
(G) The Town Safety Board shall retain the ability to table the variance request for one 30-day period to research the request if needed.
(Ord. 2010-16, passed 12-6-2010)