In order to hear and decide appeals of orders, decisions or
determinations made by the code official relative
to the application and interpretation of this code, there shall be
and is hereby created a board of appeals. The board of appeals shall
be appointed by the applicable governing authority and shall hold
office at its pleasure. The board shall adopt rules of procedure for
conducting its business and shall render all decisions and findings
in writing to the appellant with a duplicate copy to the code
official.
An application for appeal shall be based on a claim that the
true intent of this code or the rules legally adopted thereunder have
been incorrectly interpreted, the provisions of this code do not fully
apply or an equivalent or better form of construction is proposed.
The board shall not have authority to waive requirements of this code
or interpret the administration of this code.
The board of appeals shall consist of members who are qualified
by experience and training and are not employees of the jurisdiction.
The code official shall take immediate action
in accordance with the decision of the board.
Any person directly affected by a decision of the code
official or a notice or order issued under this code shall
have the right to appeal to the board of appeals, provided that a
written application for appeal is filed within 10 days after the day
the decision, notice or order was served. An application for appeal
shall be based on a claim that the true intent of this code or the
rules legally adopted thereunder has been incorrectly interpreted,
the provisions of this code do not fully apply, or the requirements
of this code are adequately satisfied by other means.