Fire Code Board of Appeals
The Function of the Fire Code Board of Appeals is to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of the fire code.
The membership of the Fire Code Board of Appeals shall consist of five (5) voting members. Members shall be nominated by the City Manager, subject to confirmation by a majority vote of the City Commission.
Liaison - Commissioner Dockett
Staff Representative - Brian Ducham
ELECTION OF OFFICERS
Officers shall be elected annually at the first meeting held after September 1st. Nominations shall be made from the floor for one office at a time. After the election of one officer, nominations will be made for the next officer and the election of that officer will occur. A candidate receiving a plurality of Board members votes will be elected to that office and will serve a term of four (4) years. If an officer resigns from his/her office, the Board may elect a replacement to serve the remainder of the resigned officer’s term.
Monthly meetings of the Board shall be scheduled for 5:00 P.M. on the fourth (4th) Wednesday of each month. A meeting shall be held within forty (40) days after the filing of an appeal. A regularly scheduled meeting may be cancelled unless an appeal has been received seven (7) or more days prior to the meeting. The date of a regularly scheduled meeting may be changed for the convenience of the Board or an appellant. The Chairman may call a meeting at any time by giving seventy-two (72) hours-notice to all members and the appellant. The appellant shall be given notice of the meeting at which the appeal is to be heard by first class mail sent to the address provided in the application for appeal.
TIME FOR FILING APPEAL
An application for an appeal from a Fire Inspection Report or a Notice of Violation of the Fire Code shall be filed within fourteen (14) days of service of the Fire Inspection Report of the Notice of Violation of the Fire Code.
MANNER OF TAKING APPEAL
Within the time for taking an appeal the Appellant shall file the application for an appeal on the form provided by the Bay City Department of Public Safety. The appeal shall set forth with particularity the violations or requirements that are being appealed and the basis for the appeal.
The filing fee for an appeal shall be the fee set forth by ordinance. Payment shall be made at the time of the filing of the application for an appeal.
Appellant may provide to the Bay City Department of Public Safety at least two (2) business days prior to the scheduled appeal hearing a witness list including the name and address of each witness who may testify at the appeal hearing. Only the Fire Code Official, the Appellant and those persons listed on the witness list shall be granted more than five (5) minutes to testify or address the Board on matters relevant to the appeal. Other persons wishing to address the Board shall be entitled to five (5) minutes. In hearing the appeal, the Chairman shall first allow general comment. The Chairman shall next call upon the Appellant and those witnesses listed on the Appellant’s witness list. Finally, the Chairman shall call upon the Fire Code Official and any witnesses that he or she may have.
EFFECTIVE DATE OF ACTION
The decision of the Board shall be promptly filed in writing with the Office of the Fire Code Official and shall be open to public inspection. A copy shall be sent by first class mail to the Appellant. A copy shall also be publicly posted in the office of the Fire Code Official for a period of two (2) weeks. Within seven (7) days of the filing of the written decision, a member of the Board who is on the prevailing side may request and will be granted a reconsideration of the appeal by submitting a written request for reconsideration. All other decisions of the Board shall be considered final when issued in writing.
FINALITY OF DECISION
All final decisions of the Board shall be implemented within ten (10) days unless a longer time is granted by the Board.