Admin Order 53-17-01-F - Laserfiche WebLink

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Fire Prevention Code, and to issue interpretations of the technical codes and these regulations. The Fire Marshal is hereby authorized to enforce all provisions of the Fire Prevention Code and to issue interpretations of the Fire Prevention Code. 6. Enforcement Powers Nonexclusive. The enforcement powers contained in these regulations and the administrative code are not exclusive, and they are not intended to preclude the use of all other enforcement powers and penalties authorized elsewhere by the Eugene Code, 1971. 7. Appeals. 7.1 General. Any person who disagrees with a finding or decision made pursuant to these regulations, and who is adversely affected by that finding or decision, may appeal it pursuant to the provisions of this section. Applications for all such appeals shall be filed with the Building Official, upon forms supplied by the City, and shall be accompanied by an appeal fee set pursuant to Section 2.020 of the Eugene Code, 1971. 7.2 Code Violations. Any person who disagrees with the Building Official's or Fire Marshal's finding of a violation of one or more of the technical codes or administrative enforcement action taken by the Building Official or Fire Marshal may appeal to a hearings officer. The appeal must be filed within ten days of written notice of the violation or enforcement action. The sole questions to be determined are whether the findings are supported by a preponderance of evidence, and whether the Building Official or Fire Marshal had authority to impose the sanction chosen. The hearings officer shall not substitute judgment as to the most appropriate sanction. Hearings shall be governed by the provisions of Section 2.021 of the Eugene Code, 1971. 7.3 Code Interpretations and Permit Denials. 7.3.1. Creation. A Construction Code Board of Appeals is created, to consist of members who are qualified by experience and training to act upon matters pertaining to building construction and building service equipment and who are not employees of the City. The Building Official, after consultation with the Board, shall adopt rules of procedure for conducting the Board's business. 7.3.2. Grounds for Appeal to the Construction Code Board of Appeals. A person may appeal to the Board when the person claims that the City has denied, suspended or revoked a permit under these regulations based on the application of the technical codes, or that the City has misinterpreted the true intent of a technical code. The owner of a building or structure also may appeal from a decision of the Building Official and/or Fire Marshal refusing to grant a modification to the provisions of a technical code covering the design or method of construction or material to be used in the erection, alteration, or repair of the building or structure or building service equipment when it is the applicant's belief that he/she has proposed an equally good or better material or method of construction or installation than that required by a technical code. Administrative Order - Page 5 of 40