CHAPTER 1-25: FIRE BOARD OF APPEALS
SECTIONS:
1-25-2: QUALIFICATIONS OF BOARD MEMBERS:
1-25-3: CHAIRMAN AND VICE-CHAIRMAN:
1-25-8: NOTIFICATION OF DECISION:
1-25-1 CREATED:
There is hereby created a Fire Board of Appeals consisting of four (4) members and a chairman, who shall be residents of the City of Prescott, to pass on matters pertaining to the Fire Code of the City, each to be appointed by the city council. The term of office for members of the Board shall be two (2) years except that the term of two (2) of the members shall be for only one (1) year on the initial appointment in the forming of the membership of the Board. Thereafter, two (2) members shall be appointed each year for two (2) year terms. Terms will expire in March of each respective year. The chairman and vice chairman of the Board shall be appointed by the city council in March of each year. Vacancies shall be filled only for the unexpired term of the Board member or chairman creating the vacancy in the same manner as the appointment of the Board members and chairman and members may continue to serve until their successors are duly appointed. (amd. Ord. 4740-1037, eff. 04-13-2010)
1-25-2 QUALIFICATIONS OF BOARD MEMBERS:
Members shall have background experience in the area of fire suppression, fire prevention, building design, or fire protection engineering and shall be qualified to pass upon pertinent matters involving fire and life safety in general.
1-25-3 CHAIRMAN AND VICE-CHAIRMAN:
(A) Chairman - One chairman, preferably from the fire service.
(B) Vice-Chairman - The vice-chairman shall represent the chairman in his absence.
(C) The Building Department, utility companies, and other expert personnel may be called upon by the Board but shall have no vote.
(D) Removal - If any member shall be absent for more than two (2) consecutive meeting without notifying the Chairman or the Fire Chief, or shall be absent for more than thirty percent (30%) of all meetings during any one twelve-month period for any reason, he or she shall thereupon automatically cease to hold membership on the Fire Board of Appeals without any further action being taken by either the Board or the City Council. It shall be the responsibility of the Chairman of the Board to so notify the City Council immediately upon the creation of a vacancy pursuant to this Section. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Meetings as used in this Section shall include all regular and special meetings, study sessions and field inspections. (Ord. 2278, 6-25-91; amd. Ord. 4740-1037, eff. 04-13-2010)
1-25-4 DUTIES:
The Board shall receive appeals from any person or political subdivision to determine the suitability of alternate materials or methods of fire protection and to provide for reasonable interpretation of the provisions of the Fire Code; also to review any decision rendered by the Fire Marshal when there has been an appeal presented. (amd. Ord. 4740-1037, eff. 04-13-2010)
1-25-5 PROCEDURE:
The Board shall establish rules and regulations for its procedures not inconsistent with the provisions of this Chapter. The Fire Chief shall be an ex-officio member and shall act as secretary of the Board and maintain detailed records of all proceedings on file in the Fire Prevention Division and perform other secretarial duties as required by the Board.
(A) Quorum - Three (3) members of the Board shall constitute a quorum in acting on any appeal or conducting any official business of the Board. No member of the Board shall pass on any question in which he is engaged in the preparation of the plans or specifications or in which he has any personal interest.
1-25-6 MEETINGS:
(A) The Board shall meet upon notice of the Fire Marshal within ten (10) working days of the filing of an appeal or at stated periodic meetings. A meeting shall be called at the request of the Fire Marshal, chairman, or any member of the Board. (amd. Ord. 4740-1037, eff. 04-13-2010)
(B) All hearings shall be public and the appellant, his representative, and any other person whose interest may be affected by the matter on appeal shall be given an opportunity to be heard and notice of said hearing shall be given to the appellant at least five (5) days before said hearing is to take place.
(C) The Board shall have the authority to meet in executive session pursuant to Title 38, Chapter 3, Article 3.1 of the Arizona Revised Statutes, for the purposes as set forth therein. (Ord. 2279, 6-25-91)
1-25-7 APPLICATION:
All applications to the Board shall be presented in writing with sufficient information, date, and applicable documents for the Board to render a decision.
1-25-8 NOTIFICATION OF DECISION:
The Board shall render all decisions and findings in writing with a duplicate copy to the appellant, where applicable, and may recommend to the City Council such legislation as is consistent therewith. (Ord. 1650, 12-12-83)