§ 6-36. Alternate materials and methods, appeals.

(a)

The provisions of the construction codes are not intended to prevent the use of any material or method of construction not specifically prescribed by them, provided any such alternate has been reviewed by the building official. The building official shall approve any such alternate, provided the building official finds that the alternate for the purpose intended is at least the equivalent of that prescribed in the construction codes, in quality, strength, effectiveness, fire resistance, durability and safety. The building official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternate.

(b)

Any requirements necessary for the strength or stability of an existing or proposed building or structure, or for the safety of the occupants thereof, not specifically covered by this article, shall be determined by the building official subject to appeal to the board of zoning appeals.

(c)

The provisions of this article are not intended to prevent the use of any material or method of construction not specifically prescribed by this article, provided any such alternate has been approved, provided he finds that the proposed design is satisfactory and complies with the provisions of the building code adopted in this article, and that the material, method, or work offered is, for the purposes intended, at least the equivalent of that prescribed in the code in quality, strength, effectiveness, fire-resistance, durability and safety. The building official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. If, in the opinion of the building official, the evidence and proof are not sufficient to justify approval, the applicant may refer the entire matter to the construction board of adjustment and appeals.

(d)

Whenever the building official rejects or refuses to approve the mode or manner of construction proposed to be followed, or the materials to be used in the erection or alteration of a building or structure, when it is claimed that the provisions of this article do not apply or that an equally good or more desirable form of construction can be employed in any specific case, or when it is claimed that the true intent and meaning of this article or any of the regulations hereunder have been misconstrued or wrongly interpreted, the owner of such building or structure, or his duly authorized agent, may appeal from the decision of the building official to the construction board of adjustment and appeals. Notice of appeal shall be in writing and filed within ninety (90) days after the decision is rendered by the building official.

(e)

In case of a building or structure which, in the opinion of the building official, is unsafe or dangerous, the building official may in his order limit the time for appeal to a shorter period. Appeals under this section shall be made on forms provided by the building official.

(f)

The construction board of adjustment and appeals, when so appealed to and after a hearing, may vary the application of any provision of this article to any particular case when in its opinion the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this article or public interest, or when in its opinion the interpretation of the building official should be modified or reversed.

(g)

A decision of the construction board of adjustment and appeals to vary the application of any provision of this article or to modify any order of the building official shall specify in what manner such variation or modification is made, the conditions upon which it is made and the reasons therefore.

(h)

Every decision of the construction board of adjustment and appeals shall be final, subject, however, to such remedy as any aggrieved party might have at law or in equity. It shall be in writing and shall indicate the vote upon the decision. Every decision shall be promptly filed in the office of the building official and shall be open to public inspection.

(i)

The construction board of adjustment and appeals shall in every case reach a decision without unreasonable or unnecessary delay.

(j)

If a decision of the construction board of adjustment and appeals reverses or modifies a refusal, order or disallowance of the building official or varies the application of any provision of this article, the building official shall immediately take action in accordance with such decision.

(Ord. No. 37-01, § 6, 9-6-01)