Any person directly affected by a decision of the Code Enforcement
Officer or a notice or order issued under this chapter shall have
the right to appeal to the Zoning Board of Appeals as stipulated in
the Zoning Law,[1] provided that a written application for appeal is filed
within 20 days after the day the decision, notice or order was served.
An application for appeal shall be based on a claim that the true
intent of this chapter or the rules legally adopted thereunder have
been incorrectly interpreted, the provisions of this chapter do not
fully apply, or the requirements of this chapter are adequately satisfied
by other means.
A request for a variance from the provisions of the New York
State Fire Prevention and Building Code and an appeal to review determination
of or failure to render a determination by the Code Enforcement Officer
based upon the New York State Fire Prevention and Building Code shall
be processed with the appropriate Board of Review as provided in Title
19 of the New York Official Compilation of Codes, Rules and Regulations,
Part 1205, or any successor rules, regulations or statutes. Where
proposed construction, alteration, use or other work related to a
building, structure or equipment would be in violation of any provision
of the New York State Fire Prevention and Building Code or any successor
statute, no license shall be issued except pursuant to written order
of the appropriate Board of Review.
Appeals of a determination, notice and/or order by the Code
Enforcement Officer shall stay the enforcement of the determination,
notice and/or order until the appeal is heard by the authority having
jurisdiction pursuant to this article.