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 Chapter 350, Zoning, 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 Uniform 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 Uniform 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 Uniform Fire
Prevention and Building Code or any successor statute, no permit or
certificate 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.
