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 Orlando
 Code of Ordinances
 Chapter 24. FIRE PREVENTION CODE

  § 24.11. Board of Appeals.  

Latest version.

  • (a)

    1.10.1. Establishment of Board of Appeals.

    (1)

    1.10.1.1. A Board of Appeals shall be established consisting of members and alternate members who shall be appointed by the appointing official of the jurisdiction by reason of education, experience, and knowledge and are deemed to be competent to sit in judgment on matters concerning this Code and its enforcement.

    (2)

    1.10.1.2. No more than one of said members or their alternates shall be engaged in the same business, profession, or line of endeavor.

    Exception: Where the Board determines a potential conflict of interest may result in lack of quorum, redundant representation is permitted.

    (3)

    1.10.1.3. The members shall serve for a term of three years, except for the initial appointees who shall serve as follows: two for a term of one year, two for a term of two years, and three for a term of three years.

    (4)

    1.10.1.4. All members and any alternate members shall be appointed and shall serve in accordance with the terms and conditions of the authority having jurisdiction.

    (b)

    1.10.2. Rules of the Board of Appeals. The Board shall establish rules and regulations for conducting its business and shall render all decisions and findings in writing to the AHJ, with a copy to the appellant.

    (c)

    1.10.3. Conflicts of Interest.

    (1)

    1.10.3.1. Board members shall not be officers, agents, or employees of the jurisdiction.

    (2)

    1.10.3.2. No member of the Board of Appeals shall sit in judgment on any case in which the member, personally, is directly interested.

    (d)

    1.10.4. Duties of the Board of Appeals.

    (1)

    1.10.4.1. The Board of Appeals shall provide for reasonable interpretation of the provisions of this Code and rule on appeals from decisions from the AHJ.

    (2)

    1.10.4.2. The ruling of the appeals board shall ensure that the intent of the Code is complied with and public safety is secured.

    (3)

    The Board of Appeals shall resolve conflicts between the fire official and local building official in favor of the requirement of the code that offers the greatest degree of life safety or alternatives which would provide an equivalent degree of life safety and an equivalent method of construction.

    (e)

    1.10.5.1. Meetings of the Board of Appeals.

    (1)

    1.10.5.1. The Board of Appeals shall meet whenever directed by the appointing authority to interpret the provisions of this Code and to consider and rule on any properly filed appeal from a decision of the AHJ, giving at least five days' notice of hearing, but in no case shall it fail to meet on an appeal within 30 calendar days of the filing of notice of appeal.

    (f)

    1.10.6. Quorum. Two-thirds, but not less than four members, of the Board of Appeals shall constitute a quorum. In varying the application of any provision of this Code, or in modifying an order of the AHJ, a majority vote shall be required.

    (g)

    1.10.7. Meetings and Records.

    (1)

    1.10.7.1. Meetings of the Board of Appeals shall be held at the call of the chair and at such times as the board determines.

    (2)

    1.10.7.2. All hearings before the Board of Appeals shall be open to the public.

    (3)

    1.10.7.3. The Board of Appeals shall keep minutes of its proceedings showing the vote of every question, or if the member is absent or fails to vote, indicating such actions.

    (4)

    1.10.7.4. The Board of Appeals shall also keep records of its examinations and other official actions.

    (5)

    1.10.7.5. Minutes and records of the Board of Appeals shall be public record.

    (h)

    1.10.8. Procedures. The Board of Appeals shall establish rules and regulations for its own procedures consistent with the provisions of this Code.

    (i)

    1.10.9. Means of Appeals.

    (1)

    1.10.9.1. Any person shall be permitted to appeal a decision of the AHJ to the Board of Appeals when it is claimed that any one or more of the following conditions exist:

    (A)

    The true intent of the codes or ordinances described in this Code has been incorrectly interpreted.

    (B)

    The provisions of the codes or ordinances do not fully apply.

    (C)

    A decision is unreasonable or arbitrary as it applies to alternatives or new materials.

    (2)

    1.10.9.2. An appeal shall be submitted to the authority having jurisdiction in writing within 30 calendar days of notification of violation outlining the Code provision from which relief is sought and the remedy proposed.

    (3)

    1.10.9.3. All documentation supporting an appeal shall be submitted to the AHJ.

(Ord. No. 2017-23, § 2, 5-15-2017, Doc. #1705151205)