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.