§ 38-84. Appeals.

(a)

Whenever the fire official shall reject or refuse to approve the mode or manner of construction proposed to be followed or materials to be used in the erection or alteration of a building or structure, or when it is claimed that the provisions of this article do not apply, or that an equally good or more desirable form of construction can be employed in any specific case, or when it is claimed that the true intent and meaning of this article or any of the regulations under this article have been misconstrued or wrongly interpreted, the owner of such building or structure, or his duly authorized agent, may appeal from the decision of the inspections and permits division to the board of examiners and appeals. Notice of appeal shall be in writing and filed within 30 days after the decision is rendered by the fire official. A fee in the following amount shall accompany the notice of appeal:

(1)

If the appeal concerns the mode or manner of construction or the materials to be used, $75.00.

(2)

If the appeal concerns matters not covered by subsection (a)(1) of this section, $50.00.

(b)

In case of a building or structure which, in the opinion of the fire official, is unsafe or dangerous, the inspection and permits division may, in its order, limit the time for such appeal to a shorter period. Appeals under this section shall be on forms provided by the fire official.

(c)

The provisions of section 22-157(b) through (g) shall apply to any appeal under this section, except that references in such subsections to the building official or his designee shall be deemed to refer to the fire official in connection with an appeal under this section.

(Code 1985, § 9-16; Ord. No. 2733, § 1, 6-3-97)