BIL 091 Draft 01 2016-2018 - Laserfiche WebLink

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(d) Members shall not be employees, agents, or officers of the County. (e) The fire chief shall serve as an ex-officio member of the board. The fire chief may participate in all discussions but shall not be entitled to vote. Section 26-3-3. Powers; duties; functions. (a) The fire board of appeals shall hear and issue rulings on appeals from final decisions of the fire chief relating to article 1, the County fire code and article 2, the fireworks code. (b) Rulings of the board shall interpret and be consistent with the County fire code and the fireworks code. In the event that any provision of the code is found to be ambiguous,the board shall interpret the intent of the code in a manner that affords due consideration for the safety of the public and firefighters. (c) The board may grant alternatives or modifications to the provisions or requirements of the County fire code and the fireworks code, provided the following requirements are met: (1) Equivalencies. Systems, methods, or devices of equivalent or superior quality, strength, fire resistance, effectiveness, durability, and safety to those prescribed by the County fire code and the fireworks code, may be allowed, provided technical documentation is submitted to the fire chief that demonstrates equivalency and that the system, method, or device is approved for the intended purpose. (2) Alternatives. The requirements of the County fire code and fireworks code may be altered by the fire chief to allow alternative methods that secure equivalent fire safety. In no case shall the alternative afford less fire safety than, in the judgement of the fire chief, would be provided by compliance with the provisions contained in the County fire code and fireworks code. (3) Modifications. The requirements of the County fire code and fireworks code may be modified by the fire chief upon application in writing by the owner, a lessee, or a duly authorized representative where there are practical difficulties in carrying out the provisions of the County fire code or fireworks code,provided that the intent of the Code is complied with, public safety secured, and substantial justice done. (d) The board may not waive the requirements of the County fire code or the fireworks code. (e) Board decisions shall not be precedent setting. (f) The board may adopt rules for the conduct of its business that are consistent with the County fire code and the fireworks code. Section 26-3-4. Appeals. (a) Any person directly affected by a decision of the fire chief relating to the administration of the County fire code or the fireworks code shall have standing to file an appeal of such decision with the fire board of appeals when it is asserted that one or more of the following conditions exists: (1) The true intent of the County fire code or fireworks code has been incorrectly interpreted; (2) The provisions of the County fire code or fireworks code do not fully apply; or 2