§ 2.186-2. Additional Powers and Duties; Building and Other Construction Codes.

(1)

In addition to the powers and duties set forth in Sections 2.186 and 2.186-1, the Building and Fire Codes Board of Appeal shall entertain appeals from decisions of the Building Official whenever the Building Official shall reject or refuse to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building or structure, or when it is claimed that the provisions of the Building Code do not apply, or that any equally good or more desirable form of installation can be employed in any specific case, or when it is claimed that the true intent and meaning of the Building Code or any of the regulations thereunder have been misconstrued or incorrectly interpreted. Notice of appeal shall be in writing and filed with the Board within fifteen (15) calendar days after the decision is rendered by the Building Official.

(2)

The Board, when so appealed to and after a hearing, may vary the application of any provision of the Building Code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirit and purpose of the Building Code or public interest, or when, in its opinion the interpretation of the Building Official should be modified or reversed.

(3)

A decision of the Board to vary the application of any provision of the Building Code or to modify an order of the Building Official shall specify 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, subject, however, to such remedy as any aggrieved party might have at law or in equity. It shall be in writing and shall indicate the vote upon the decision. Every decision shall be promptly filed in the office of the Building Official, and shall be open to public inspection; a certified copy shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the Building Official for two (2) weeks after filing.

(5)

The Board shall, in every case, reach a decision without unreasonable or unnecessary delay.

(6)

If a decision of the Board reverses or modifies a refusal, order, or disallowance of the Building Official, or varies the application of any provision of the Building Code, the Building Official shall immediately take action in accordance with such decision.

(7)

The Building and Fire Codes Board of Appeal shall also exercise those powers and duties formerly exercised by the Building Adjustment and Appeals Board pursuant to, and as specified in, City Code Chapters 14, 22, 47 and 47A.

(Ord. of 4-4-1994, Doc. #27406)