Any person who is directly aggrieved by the issuance, transfer, renewal, refusal, suspension, revocation or cancellation of any license issued pursuant to this code and the technical codes (except licenses issued pursuant to the Property Maintenance Code); by a refusal of permit pursuant to this code and the technical codes; or by any notice, order or other action by the code official as a result of any inspection pursuant to this code and the technical codes, shall have the right to appeal to the appropriate technical board as set forth in Section A-802.1.
Appeals shall be filed in writing on forms provided by the department in accordance with procedures established by the department and/or the appeal boards. The appeal shall be accompanied by the required fee and a copy of the violation or permit refusal notice when applicable. The appeal shall be filed within 30 days of the date of the action being appealed.
Exception: Appeals from unsafe or imminently dangerous designations by the department shall be filed within 5 days of the date of such notice.
An application for appeal shall be based on a claim that:
- The true intent of the applicable code or regulations adopted thereunder has been incorrectly interpreted;
- The provisions of the code do not fully apply; or
- An equivalent form of construction or installation is proposed.
All appeals considered by the technical boards shall be heard in public at such times and locations scheduled by the boards. The appellant, the owner or the owner's agent, and the code official shall be notified of the date, time and place of the hearing. The board shall recommend to:
- Deny the request in whole or in part;
- Grant the request in whole or in part; or
- Grant the request upon certain conditions being satisfied.
The board shall provide a written notice of its decision to the appellant, the owner or owner's agent, and the code official.