§ 2.186-1. Additional Powers and Duties; Fire Prevention Code.

(1)

In addition to the powers and duties set forth in Section 2.186, the Building and Fire Codes Board of Appeal shall entertain appeals from decisions of the Fire Marshal whenever the Fire Marshal shall reject or refuse to approve an alternate material or method of construction, or when it is claimed that the provisions of the Fire Prevention Code do not apply, or when it is claimed that the true intent and meaning of the Fire Prevention Code or any regulations thereunder have been misconstrued or wrongly interpreted.

(2)

The Board, when appealed to as provided above and in Section 24.02 of the Code, and after a public hearing, may vary the application of any provision of the Fire Prevention Code to any particular case when, in its considered opinion, the enforcement thereof would do manifest injustice and would be contrary to the intent, spirit and purpose of this Fire Prevention Code or when the interpretation of the Fire Marshal should be modified or reversed.

(3)

A decision of the Board to vary the application of any provisions of the Fire Prevention Code or to modify or reverse an order of the Fire Marshal shall specify in writing in what manner such variation or modification is made, the conditions upon which it is made and the reasons therefor.

(4)

Every decision of the Board shall be final when approved by the City Council of the City of Orlando, subject, however, to such remedy as any aggrieved party might have in law or in equity. Such decision shall be in writing, and shall indicate the vote of the decision. Every decision shall be promptly filed in the office of the Chief of the Fire Department and shall be open to public inspection; a certified copy shall be sent by mail or otherwise delivered to the appellant and a copy shall be kept posted in the City Hall lobby, or other location used within the City Hall for public notices, for two (2) weeks after filing. An appeal of adverse ruling by the Board shall be filed in writing by the appellant with the City Clerk within five (5) days of the date of the decision.

(5)

If a decision of the Board reverses or modifies a refusal, order, or disallowance of the Fire Marshal, or varies the application of any provisions of this Code, the Fire Marshal shall, upon approval of the City Council of the City of Orlando, take action in accordance with such decision.

(Ord. of 6-25-1990, Doc. #24025; Ord. of 4-4-1994, Doc. #27406)