§ 2.186. Powers and Duties; Conflict Resolution Between Building and Fire Prevention Codes.

The Building and Fire Codes Board of Appeal shall have the following powers and duties:

(1)

The Board shall hear appeals from decisions by the Fire Chief and Building Official, acting in concert to resolve conflicts between the Building Code and Fire Prevention Code.

(2)

In the event that the Fire Chief and Building Official are unable to agree on a resolution of a conflict between the Building Code and Fire Prevention Code, the Board shall resolve the conflict in favor of the code which offers the greatest degree of life safety or in favor of alternatives which would provide an equivalent degree of life safety and an equivalent method of construction.

(3)

If the decision of the Fire Chief and the Building Official is to apply the provisions of either the Building Code or the Fire Prevention Code, the Board may not alter the decision unless the Board determines that the application of such code is not reasonable. If the decision of the Fire Chief and the Building Official is to adopt an alternative to the codes, the Board shall give due regard to such decision and may modify that decision if the Board adopts a better alternative, taking into consideration all relevant circumstances. In any case in which the Board adopts alternatives to the decision rendered by the Fire Chief and the Building Official, such alternatives shall provide an equivalent degree of life safety and an equivalent method of construction as the decision rendered by the Fire Chief and the Building Official.

(Ord. of 6-6-1977, § 1; Ord. of 12-7-1987, Doc. #21682; Ord. of 4-4-1994, Doc. #27406)