§ 10-50108. BOARD OF APPEALS.  


Latest version.
  • 108.1. General. In order to hear and decide appeals of orders, decisions, or determinations by the fire code official relative to the application and interpretation of the Fresno Fire Code, there shall be and is hereby created a board of appeals (hereafter referred to as the "Building Standards Appeals Board") consisting of members who are qualified by experience and training to pass on matters pertaining to building construction and hazards of fire, explosions, hazardous conditions, or fire protection systems, who are not employees of the City of Fresno.

    The Building Standards Appeals Board shall perform the following appeal duties:

    a)

    Determine the suitability of alternate materials, engineering designs, methods of construction, and equipment.

    b)

    Provide reasonable interpretations of the provisions of the Fresno Fire Code and other relevant codes.

    Exception: Appeals of administrative citations, fees, penalties, or charges that may be levied by the fire department such as suppression costs, mitigation costs, clean-up costs, re-inspection charges, false alarm charges, or failure to comply with written citations or notices, shall comply with Fresno Municipal Code, Chapter 1, Article 4.

    The building official shall serve as an ex officio member of and shall act as secretary to said board but shall have no vote on any matter before the board. The Building Standards Appeals Board shall be appointed by the Mayor and shall hold office at the pleasure of the Mayor.

    The Building Standards Appeals Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official.

    108.2. Limitations of Authority. The Building Standards Appeals Board shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this Code.

    An economic condition shall not be considered as a basis for an appeal of the provisions of this Code.

(Added Ord. 2016-48, § 3, eff. 1-9-17)