§ 23.04 Authority

The Board of Appeals, may, when a quorum of at least three Board members is present, by majority vote, reverse a decision by the Building Official or the Fire Chief based on the Building Code, Plumbing Code, Electrical Code, Mechanical Code, or Fire Code if it finds that:

1. There are practical difficulties involved in carrying out the provisions of this code. “Practical difficulties” means that: (i) the strict letter of the code is impractical; (ii) the modification is in conformance with the intent and purpose of this code; and (iii) the modification does not lessen any fire protection requirements or any degree of structural integrity; or

2. Any material, alternate design, or method of construction, not specifically prescribed by this code, is appropriate. Any material, alternate design, or method of construction is appropriate if: (i) the proposed design is satisfactory and complies with the provisions of this code; and (ii) the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistance, durability, safety, and sanitation or;

3. The Building Official has incorrectly interpreted a provision of the code; or

4. The provisions of the code do not fully apply.