(Amended by Ordinance Nos. 145373, 146232, 150873, 153620, 162103, 174902 and
176955, effective October 9, 2002.) In order to determine the
suitability of alternate materials and types of construction and to provide for
reasonable interpretations of the provisions of this Code, a Board of Appeals
has been created.
A. Created ‑ Membership ‑ Vacancies. There has been
created and established and hereby continued, a Board of Appeals of this Title,
consisting of three members, and an alternate for each member, appointed by the
Mayor. Members, by experience and training, shall be qualified to pass
upon the safety of installations and apparatus regulated by this Code.
Appointments shall be made for a term of 3 years. No member shall hear or
decide a case in which he is directly or indirectly interested. Vacancies
occurring on the Board of Appeals from whatever cause shall be filled by
appointment by the Mayor, either permanently or temporarily as the case may
demand. Any member of the Board of Appeals may be removed by the Mayor for
malfeasance in office, incapacity, or neglect of duty.
B. Power of and Appeal to Board. Any applicant for a
heating or ventilating permit whose application has been rejected by the Permit
Division of the Bureau of Development Services or any person who shall have been
ordered by the Inspector to incur expense in the alteration, repair, or
construction of a heating or ventilating system may, within 15 days thereafter,
appeal from such action by serving upon the Bureau of Development Services a
notice in writing of appeal, and the notice or a certified copy thereof shall at
once be transmitted to the Board of Appeals. After notice to such parties
as the Board may direct, a hearing shall be had, and the Board may by a majority
vote affirm, annul, or modify the action of the Bureau of Development
Services. The decision of the Board shall have full force and
effect. A certified copy of the Board’s decision in each appeal shall be
delivered to the appellant and a copy filed for record in the Bureau of
Development Services. Where unquestionably and clearly, practical
difficulties, unnecessary hardship or consequences inconsistent with the general
purposes of this Code may result from the literal interpretation and enforcement
thereof, the Board of Appeals upon unanimous vote may grant adjustments or
variances in a specific case with such conditions and safeguards as it may
determine, in harmony with the general purpose, intent, and spirit of this Code,
so that the public safety and welfare shall be secured and substantial justice
shall be done. If interpretation of the provisions of this Code is
required, decisions thereon may be determined by a majority vote of the
Board. Materials and methods found equivalent to those called for by the
Code may be approved by a majority vote of the Board.
C. Fees for appeals. The fees for all appeals are stated
in the current approved fee schedule. This schedule will be available at
the
DevelopmentServicesCenter.
D. Rules to be Adopted. The Board of Appeals from time to
time shall adopt such rules for conducting its hearings as the Board may deem
proper.
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