The Chief shall have the power to modify any of the provisions of this chapter upon application, in writing, by the owner or lessee or his duly authorized agent when there are practical difficulties in the way of carrying out the strict letter of this chapter, provided that the spirit of the chapter shall be observed, public safety secured and substantial justice done. No modifications may be granted for requirements established by the New York State Fire Code. The particulars of such modification, when granted or allowed, and the decision of the Chief thereon shall be entered upon the records of the Division of Fire Services, and a copy shall be furnished to the applicant and the Town Attorney.
Whenever the Chief shall disapprove an application or refuse to grant a permit applied for or revoke a permit, or when it is claimed that the provisions of this chapter do not apply or that the true intent and meaning of this chapter has been misconstrued or wrongly interpreted, the applicant may appeal, in writing, from the decision of the Chief to the Commissioner of Public Works within 10 days from the date of the decision appealed. The Commissioner of Public Works, after receipt of such notice of appeal, may, in his or her discretion, stay the effect of any order pending its decision. The decision of the Commissioner of Public Works shall be entered upon the records of the Division of Fire Services, and a copy shall be furnished to the applicant and Town Attorney. No appeals may be considered for those matters requiring a variance from the New York State Fire Code.