SECTION A-801.0 TECHNICAL APPEALS


A-801.1 Right of appeal: Any person who is directly aggrieved by the issuance, transfer, renewal, refusal, suspension, revocation or cancellation of any license issued pursuant to this code and the technical codes (except licenses issued pursuant to the Property Maintenance Code); by a refusal of permit pursuant to this code and the technical codes; or by any notice, order or other action by the code official as a result of any inspection pursuant to this code and the technical codes, shall have the right to appeal to the appropriate technical board as set forth in Section A-802.1.

A-801.2 Application for appeal: Appeals shall be filed in writing on forms provided by the department in accordance with procedures established by the department and/or the appeal boards. The appeal shall be accompanied by the required fee and a copy of the violation or permit refusal notice when applicable. The appeal shall be filed within 30 days of the date of the action being appealed.

Exception: Appeals from unsafe or imminently dangerous designations by the department shall be filed within 5 days of the date of such notice.

A-801.3 Basis for appeal: An application for appeal shall be based on a claim that:

1. The true intent of the applicable code or regulations adopted thereunder have been incorrectly interpreted;

2. The provisions of the code do not fully apply;

3. An equivalent form of construction or installation is proposed;

4. The requirements of the code are satisfied by other means; or,

5. Owing to extraordinary conditions, a literal enforcement of the code will result in a unique and unnecessary hardship to the applicant or premises.

A-801.4 Public hearing: All appeals considered by the technical boards shall be heard in public at such times and locations scheduled by the boards. The board shall recommend affirming, modifying, reversing or vacating the decision, notice or action from which the appeal is taken.