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2009-07-01
CITY-OF-BATESVILLE
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2009-07-01
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Section 7. Authority Generally <br /> A. The Commission shall hear appeals of the decisions for which the Code Enforcement Officer or <br /> • the Fire Chief are responsible with respect to the appropriate code under their jurisdiction. <br /> B. The Commission shall hear appeals under the regulations within each applicable code. <br /> Section 8. Authority Specifically <br /> The Batesville Appeals Commission is hereby designated as the appeals body for the following <br /> codes as enforced by the City of Batesville and shall function pursuant to the applicable provisions of <br /> such codes and ordinances relative to appeals,waivers and variances. <br /> A. The Arkansas State Fire Prevention Code, as adopted by the City. <br /> B. The International Building Code,as adopted by the City. <br /> C. The Arkansas Plumbing Code, as adopted by the City. <br /> D. The Arkansas Fuel Gas Code,as adopted by the City. <br /> E. The Arkansas Mechanical Code,as adopted by the City. <br /> F. The National Electrical Code,as adopted by the City. <br /> G. The National Flood Prevention Code, as adopted by the City. <br /> H. Any other National or State Development Code,which may be adopted by the City at <br /> some future date,for which the Code Enforcement Officer and/or the Fire Chief may be <br /> responsible its application and enforcement and which does not require a separate board <br /> of appeals. <br /> I. All other City Ordinances for which the Code Enforcement Officer is responsible for <br /> their application and enforcement and which are not specifically covered by any other <br /> ordinance within the City. <br /> • Section 9. Appeal requirements and procedures. <br /> A. An application for appeal shall be based on a claim that: <br /> 1. the true intent of the applicable code or the rules legally adopted there under have been <br /> incorrectly interpreted, <br /> 2. the provisions of the applicable code do not fully apply; or, <br /> 3. an equally good or better method of construction or compliance with the code is proposed <br /> and is permitted. <br /> B. The Commission shall have no authority to waive the requirements of the applicable code. <br /> C. The following procedure shall be used for presenting requests for appeals to the Batesville <br /> Appeals Commission. <br /> a. Any person who is appealing a decision of the Code Enforcement Officer or Fire Chief <br /> shall submit a written application to the appropriate officer on forms provided by the City. <br /> The appropriate officer will set the hearing date before the Batesville Appeals <br /> Commission and shall notify the Chairman of the Commission of the date and time of the <br /> hearing. The Commission Chairman shall notify the other members of the Commission of <br /> the date and time of such meeting. <br /> • b. All applications to the Batesville Board of Appeals shall be accompanied by the prescribed <br /> fee,if any, applicable to the development code under which the appeal is being presented. <br />
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