Chapter 2.46
FIRE BOARD OF APPEALS

Sections:

2.46.010    Created – Objective.

2.46.020    Membership.

2.46.030    Meetings – Rules.

2.46.040    Repealed.

2.46.050    Duties and responsibilities.

2.46.060    Abolishment of Fire Board of Appeals.

2.46.010 Created – Objective.

As of March 1, 1983, there is created the Fire Board of Appeals. The objective of the Fire Board of Appeals is to settle differences of opinions relating to requirements and interpretations of the Uniform Fire Code. (Ord. 1553 § 1, 1983).

2.46.020 Membership.

A. Qualifications. The selection of the members of the Fire Board of Appeals shall be made from individuals qualified by experience and training to pass on matters pertaining to the Uniform Fire Code. City residency is preferred, but not required. Members shall not be City employees or elected officials. The Fire Chief shall be an ex officio member and secretary to the Board.

B. Number of Members – Terms. The Board shall consist of 5 members, each of whom shall be appointed for a term of 4 years. Terms shall expire the first day of May of each appropriate year.

C. Appointment. Members of the Fire Board of Appeals shall be appointed by the Mayor, subject to confirmation by the City Council. Members shall be selected without respect to political affiliations and shall serve without compensation.

D. Removal. Members of the Board may be removed by the Mayor, with concurrence of the City Council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from more than 3 consecutive regular meetings. The decision of the City Council shall be final and there shall be no appeal therefrom. Members finding themselves unable to attend regular meetings are expected to tender their resignations.

E. Vacancies. Vacancies occurring other than through the expiration of terms shall be filled for the unexpired terms in the same manner as for appointments as provided in this section. (Ord. 2211 § 6, 1998; Ord. 1553 § 2, 1983).

2.46.030 Meetings – Rules.

A. The Fire Board of Appeals shall organize and elect from its members a Chairman who shall preside at all meetings of the Board. A majority of the Board shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition.

B. The Board shall meet on demand. All meetings shall be open to the public.

C. The Board shall adopt such rules and regulations as are necessary for the conduct of its business, and shall keep a written record of its proceedings which shall be a public record. (Ord. 1553 § 3, 1983).

2.46.040 Staff support.

Repealed by Ord. 2341. (Ord. 1553 § 4, 1983).

2.46.050 Duties and responsibilities.

A. The Fire Board of Appeals shall be the appeal body for individuals appealing decisions of the Fire Chief in administering and enforcing the requirements of the Uniform Fire Code. Duties of the Board shall include:

1. Determine the suitability of alternate materials;

2. Determine the suitability of alternate methods of construction;

3. Provide for reasonable interpretations of the Uniform Fire Code;

4. Adopt reasonable rules and regulations for conducting its investigations;

5. Render all decisions and findings in writing to the Fire Chief with a duplicate copy to the appellant and the Building Official;

6. Recommend to the Mayor and City Council such new legislation as is consistent with the Uniform Fire Code.

B. The Fire Board of Appeals shall have other duties and responsibilities as may be prescribed by ordinance, or as directed by the Mayor.

C. The action of the Fire Board of Appeals shall be final and conclusive, and there shall be no appeal therefrom. (Ord. 1553 § 5, 1983).

2.46.060 Abolishment of Fire Board of Appeals.

As of February 28, 1983, the Fire Board of Appeals established under Section 2.302 of the Uniform Fire Code, 1979 Edition, and adopted by reference by Ordinance 1410 be and the same is abolished. Matters pending before the Board on February 28, 1983, will be transferred to the Fire Board of Appeals hereby created. (Ord. 1553 § 6, 1983).