Where there is a dispute between an applicant
for or holder of a permit or a person to whom an order is given and
the Chief Official or an Inspector in respect to the interpretation
of the technical requirements, any party to the dispute may apply
to the Building Code Commission in Albany for a hearing and determination
of the question in accordance with rules and regulations promulgated
by the Secretary of State.
A.
Any person who considers himself aggrieved by an order
or decision made by an Inspector or Chief Official under this chapter
may, within 20 days after the order or decision is made, apply to
the Board of Trustees in the form of an appeal to review said order
or decision.
B.
Decisions by the Chief Official regarding denial of
a building permit application or certificate of occupancy or any other
matter pertaining to this chapter or the regulations are reviewable
by the Village Board of Trustees upon a written application to it,
and said Board shall decide said appeal by majority vote of the Board.
C.
When it is shown to the satisfaction of the Board
of Trustees that strict compliance with the provisions of this chapter
or the Code would entail practical difficulties or would cause unnecessary
hardship, and provided that the Board votes by an affirmative vote
of at least three of the five members in favor of a variance of or
from said order or decision being so appealed, same may be granted;
provided, however, that any such variance or modification shall not
substantially affect adversely any provisions for health, safety and
security, and provided that equally safe and proper alternatives may
be imposed and prescribed and followed therefor as a condition for
such variance or relief requested.
