§ 38-37. Appeals of a decision of the fire marshal.

(a)

Appeals. Any person may seek relief from a decision of the fire marshal enforcing provisions of this Code, including matters of code interpretation, permits, certificates, waivers, alternate materials, alternate methods, approvals, variances or other discretionary matters, by appealing to the construction board of adjustments and appeals within 15 days after the receipt of written notice of the fire marshal's decision. Such appeal shall be in writing and directed to the fire marshal. Copies of the appeal shall be promptly transmitted to the secretary of the construction board of adjustments and appeals by the fire marshal for scheduling of an appeal hearing.

(b)

Hearings. A hearing shall be held at the next regularly scheduled meeting of the construction board of adjustments and appeals and the person making the appeal shall be notified of the hearing not less than five business days prior to the date of the hearing. The board may, after such hearing, by a majority vote, affirm, annul, or modify the action of the fire marshal. The decision of the board shall be in writing, and a copy shall be mailed to the appellant within 14 business days after the conclusion of the hearing, and any decisions made shall be final. Further recourse shall be through established legal procedures. A filing fee shall accompany each notice of appeal to the construction board of adjustments and appeals in the amount established by resolution of the city commission and on file in the city clerk's office.

(Code 1979, § 11-80)