FIRE CODE BOARD OF APPEALS

Office Location: 1401 Center Avenue, Bay City, Michigan 48708

Contact person: The Fire Department Administrative Assistant              

Telephone: (989) 892-8601

FAX: (989) 892-4920

MEMBERSHIP OF THE BOARD

The membership of the board shall consist of five members and two alternates. These members shall be appointed by the City Commission using the appointment policies and procedures.

QUALIFICATIONS

At least one individual from each of the following professions shall be on the board.

1. Registered design professional that is a registered architect; or a builder or superintendent of building construction with at least ten years experience, five of which shall have been in responsible charge of work.

2. Registered design professional with structural engineering or architectural experience.

3. Registered design professional with mechanical or plumbing engineering experience; or a mechanical or plumbing contractor with at least ten years experience, five of which shall have been in responsible charge of work.

4. Registered design professional with electrical engineering experience; or an electrical contractor with at least ten years experience, five of which shall have been in responsible charge of work.

5. Registered design professional with fire protection engineering experience; or a fire protection contractor with at least ten years experience, five of which shall have been in responsible charge of work.

MEETINGS

Meetings are held at 4:00 p.m. on the second Thursday of each month. Meetings are not held unless an appeal has been received at least ten days before the regular meeting date. The chairman may call special meetings at any time by giving twenty-four hours notice to all members and appellants. Notice of all meetings shall be given to the public and appellants shall be given notice of the meeting at which their appeal is to be heard prior to the meeting by means of first class mail sent to the address of the appeal. The attendance of three members shall constitute a quorum. The vote of a simple majority of members in attendance shall be required to adopt a motion. In the event there are an even number present, the chairman, or acting chairman will not vote.

TIME FOR FILING APPEAL

All appeals from Fire Inspection Reports or Notices of Violations of the BOCA Fire Prevention Code shall be filed within twenty (20) days of the notice of violation or Fire Inspection Report.

MANNER OF TAKING APPEAL

Within the time for taking appeals, the Appellant shall file with the Fire Code Board of Appeals, an appeal which sets forth with particularity, which violations or requirements are being appealed, and the basis for said appeal.  The appeal must also set forth the business address of the appellant or his/her representative and shall be dated.

FILING FEE

There shall be a $25.00 filing fee (1998) for appeals to the Board and it must be paid at the time the appeal is filed.

HEARING PROCEDURES

Appellant(s) shall provide, to the issuing agency, prior to the close of business the day before the scheduled appeal hearing, a list of witnesses by name and address of each and every person who is to testify on their behalf at said hearing and only those persons so listed, in addition to Appellant(s) themselves, shall be granted unlimited time to testify and otherwise address the Board so long as their testimony and statements are relevant to the appeal. Any other person wishing to address the Board relative to any particular appeal, shall be entitled to two (2) minutes per appeal to do so, whether their statements are relevant to the appeal or not.  In hearing appeals, the Chairman first shall allow persons other than the Appellant and the City to speak.  The Chairman shall next call upon the City to state its case and then the Appellant.  For the purposes of this paragraph, issuing agency shall be taken to mean the City Department issuing the order of violation under appeal.

FINALITY OF DECISION

All final decisions of the Board shall be implemented within seven (7) days, unless stayed by court order.

NOTIFICATION TO APPELLANT(S)

Appellant(s) shall be notified in writing, by first class mail, to the address given at the appeal hearing or their last known address if none given, of any decision of the Board.

APPLICABLE RULES

All rules contained in these By-laws and Hearing Procedures shall be applicable to comply with, or supersede, Section F104.0 "Means of Appeal" of the BOCA Fire Prevention Code.

RE-HEARING PROCEDURES

A re-hearing before the Fire Code Board of Appeals is possible only when new information or evidence that was not available or evident at or during the time of the appeal, and further, that such information and/or evidence has or may have a direct or immediate bearing on the original decision made by the Board of Appeals; and further, that said re-hearing be heard within thirty (30) days after the initial decision is rendered by the Board of Appeals.  Only one (1) re-hearing is allowed per applicant.  Said evidence is to be reviewed first by the Board Chairperson and Code Enforcement Officer, with said information then forwarded to the Board members for final decision. Application for re-hearing must be made by proper application form and a $25.00 filing fee must accompany said appeal application.