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SALT LAKE CITY ORDINANCE
No. 54 of 2019
(Fire Code Board of Appeals)
An ordinance enacting Section 2.12.050 of the Salt Lake City Code, enacting Chapter 2.13 of the Salt Lake City Code, amending Section 2.07.020 of the Salt Lake City Code, and amending Section 2.12.010 of the Salt Lake City Code to establish a fire code board of appeals.
WHEREAS, Salt Lake City Corporation (the “City”) desires to establish a fire code board of appeals; and
WHEREAS, the Salt Lake City Council finds that the provisions of this ordinance further the health, safety, and welfare, of individuals within the City;
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Section 2.12.050 of the Salt Lake City Code shall be, and hereby is, enacted to read as follows:
2.12.050: APPEALS:
The fire code board of appeals shall hear and decide appeals where it is alleged that the chief of the bureau of fire prevention, or his or her designee, issued an order, requirement, decision or determination contrary to the requirements of the International Fire Code or other city fire code provisions.
SECTION 2. Chapter 2.13 of the Salt Lake City Code shall be, and hereby is, enacted to read as follows:
FIRE CODE BOARD OF APPEALS
2.13.020: FIRE CODE BOARD OF APPEALS CREATED; PURPOSE AND AUTHORITY:
2.13.050: JUDICIAL REVIEW OF BOARD'S DECISIONS:
A. The provisions of chapter 2.07 of this title shall apply to the fire code board of appeals except as otherwise set forth in this chapter.
B. The pool of individuals who can serve on a fire code board of appeals is limited because the International Fire Code specifies that individuals hearing fire code appeals must have subject matter expertise. Consequently, an individual who is not a city resident may serve on the city fire code board of appeals.
2.13.020: FIRE CODE BOARD OF APPEALS CREATED; PURPOSE AND AUTHORITY:
A. In order to
provide for reasonable interpretations of the provisions of the International
Fire Code and other city fire code regulations, there shall be created a fire
code board of appeals consisting of three voting members who are qualified by
experience and training to render decisions on matters pertaining to hazards of
fire, explosions, hazardous conditions or fire protection systems. The
voting members shall not be employees of the city.
B. The chief of the bureau of fire prevention shall be an ex officio member of the fire code board of appeals but shall not have a vote on any matter before the board.
C. The fire code board of appeals shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the chief of the bureau of fire prevention, or his or her designee, in the enforcement of the International Fire Code or other city fire code provisions.
2.13.030: MEMBERSHIP; TERM:
Members of the fire
code board of appeals shall hold office for five (5) years.
2.13.040: APPEAL PROCEEDINGS:
A. Property owners desiring to dispute any order, requirement, decision, or determination made by the chief of the bureau of fire prevention, or his or her designee, must file a notice of appeal with the fire code board of appeals.
B. The fire code board of appeals shall convene a hearing regarding the appeal within fourteen (14) days of receiving the notice of appeal. Notice of the hearing shall be provided to the appellant and to the bureau of fire prevention at least ten (10) days before the hearing.
C. The fire code board of appeals shall take testimony and evidence at the hearing.
D. The fire code board of appeals shall render the board’s decision and findings in writing within seven (7) days of the date of the hearing and shall provide written copies of such decision to appellant and to the chief of the bureau of fire prevention.
2.13.050: JUDICIAL REVIEW OF BOARD'S DECISIONS:
The city, or any
person aggrieved by any decision of the fire code board of appeals, may seek
judicial review of that decision by filing a petition for review with a court of
competent jurisdiction within thirty (30) days of the date the fire code board
of appeals renders the board’s written decision.
SECTION 3. Section 2.07.020 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
2.07.020: CITY BOARDS AND COMMISSIONS NAMED:
For the purpose of this chapter the term "city board"
or "board" means the following city boards, commissions, councils, and
committees:
Airport board
Board of appeals and
examiners
Business advisory board
Citizens' compensation advisory
committee
City and county building conservancy and use
committee
Community development and capital improvement programs advisory
board
Fire code board of appeals
Golf enterprise fund
advisory board
Historic landmark commission
Housing advisory and
appeals board
Housing trust fund advisory board
Human rights
commission
Library board
Parks, natural lands, trails, and urban
forestry advisory board
Planning commission
Public utilities
advisory committee
Salt Lake art design board
Salt Lake City arts
council board
Salt Lake City sister cities board
Transportation
advisory board
SECTION 4. Section 2.12.010 of the Salt Lake City Code shall be, and hereby is, amended to read as follows:
As used in this
chapter:
BOARD OF APPEALS: The fire code board of appeals of the city as
described and defined in this chapter and in chapter 2.13 of this code, or their
successors.
BUILDING CODE: The uniform building code as adopted and
amended by title
18, chapter 18.32 of this code, or its
successor.
CHIEF OF THE BUREAU OF FIRE PREVENTION: The fire
marshal.
CHIEF OR FIRE CHIEF: The chief of the fire
department.
JURISDICTION: As used in the international fire code, means
Salt Lake City, Utah.
THESE ORDINANCES: The Salt Lake City
code.
SECTION 5. This ordinance shall take effect immediately upon the date of its first publication.
Passed by the City Council of Salt Lake City, Utah, this 12th day of November, 2019.
Bill No. 54 of 2019.
Published: November 22, 2019.