BIL 091 Draft 01 2016-2018 - Laserfiche WebLink

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(3) A decision was unreasonable or arbitrary when applied to alternatives or new materials. (b) An appeal shall be submitted to the fire chief in writing within thirty calendar days of the notification of violation. The appeal shall outline all of the following: (1) The County fire code or fireworks code provision or provisions from which relief is sought; (2) A statement indicating which provisions of subsection(a) apply; (3) Justification indicating why the provision of subsection(a) applies; (4) A requested remedy; and (5) Justification stating specifically how the requested remedy complies with the County fire code or fireworks code, secures public safety, and secures fire fighter safety. (c) Documentation supporting an appeal shall be submitted to the fire chief at least seven calendar days prior to the fire board of appeals hearing on the matter. Section 26-3-5. Meetings. (a) The board shall select one of its members to serve as chairperson and one member to serve as vice chairperson. (b) Meetings of the board shall be held at the call of the chairperson, at other times the board determines necessary, and within thirty calendar days of the filing of a notice of appeal. (c) All hearings before the board shall be conducted pursuant to chapter 92, Hawai`i Revised Statutes, relating to public agency meetings and records. Section 26-3-6. Records. (a) The board shall keep minutes of its proceedings. These minutes shall include every decision of the board and the vote of each member. A member's absence or failure to vote on a question shall also be recorded in the minutes. (b) The board shall keep records of its examinations and other official actions. (c) Minutes and records of the board shall be public records, pursuant to chapter 92, Hawai`i Revised Statutes. Section 26-3-7. Decisions. (a) To vary the application of any provision of the County fire code or fireworks code, or modify an order of the fire chief made pursuant to these codes, at least three affirmative votes shall be required. (b) Decisions of the board to modify an order of the fire chief shall: (1) Be in writing; and (2) Specify the manner in which such modification is made,the conditions upon which it is made, the reasons therefore, and justification for the modification linked to specific code sections. (c) Every decision of the board shall be timely filed in the fire chief's office and be open to public inspection,pursuant to chapter 92, Hawai`i Revised Statutes. 3