The Fire Marshal shall keep official records of all activities
and transactions of his or her office.
The Fire Marshal or his or her designee may suspend or revoke
an operating permit if any violation of the Fire Prevention Code is
found upon inspection or in case there has been any false statement
or misrepresentation as to a material fact in the application or plans
on which the operating permit was based.
Plans shall be approved by the Fire Marshal or his or her designee
if they comply in all respects with the Fire Prevention Code and the
Uniform Code. However, the approval of plans containing omissions
or errors shall not relieve the applicant of complying with all requirements
of the Fire Prevention Code and the Uniform Code.
This code shall not be construed to hold the City of Rochester
responsible for any damages to persons or property by reason of the
inspection or reinspection authorized herein or failure to inspect
or reinspect for the operating permit issued as herein provided or
by reason of the approval or disapproval of any equipment authorized
herein.
The Board of Review established by Chapter
4 of the Municipal Code shall have the power to vary or modify, in whole or in part, any local provision or requirement of the Fire Prevention Code where practical difficulties or unnecessary hardships may result from the enforcement thereof; provided, however, that any such variance or modification shall be consistent with the spirit of the code and not inconsistent with acts of the New York State Legislature or the Uniform Code. An application for variance or modification of a rule or law shall be made by an aggrieved person within 30 days following the date of the decision sought to be varied or modified. Any action of the Board of Review may be reviewed pursuant to Article 78 of the Civil Practice Law and Rules. Variances, interpretations or modifications to the New York Uniform Code must be sought in accordance with Article 18 of the New York State Executive Law.