09-15-1997 WS - Laserfiche WebLink

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1110 Fire Department Memorandum To: Chuck Whiting, Mounds View Administrator Mounds View City Council From: Nyle Zikmund, Fire Chief Date: August 15, 1997 Re: Board of Appeals The Fire Department is requesting that the council for the City of Blaine support our desire to change the fire code Board of Appeals from its current status of being the City Council to that of being the Fire Department Board of Directors. The Uniform Fire Code, adopted by the State Legislature and applicable to the entire State of Minnesota requires under Section 103.1.4 that an appointed appeals board be created by the executive body, which in this case is the City of Blaine. The function of the Board is to provide reasonable interpretation of the code with respect to proposals, fire orders, and alternates. The Fire Code further states that the Board shall consist of five members who are qualified by experience and training to pass judgment on such matters. The Fire Chief shall be an ex-offico secretary of the Board. Should an appellant or the fire department disagree with the appeals board ruling, either party may subsequently appeal their case to a state board of appeals which can overrule the local board. • Historically, amongst all three cites we serve, we experience about one appeal every four years. The most recent appeal you may recall was the sprinklering requirement for the Cross of Glory Church. The appeal did not actually come forward, rather, it was withdrawn by the Church before council had an opportunity to hear the issue. Changing the appeals board to the Fire Department Board of Directors is requested for the following reasons; the fire board is now comprised of five community directors and two firefighters, one of the five community directors is a Mounds View resident (Brook Shields) thus providing local input. The fire board is more knowledgeable and experienced with respect to fire department operations, codes issues, and code impacts. We serve three cities and consistent interpretation and application of the code provides for a safer community. Council members will not be placed in political situations that may require them to choose between volunteer firefighters and business (or church) interests. More appeals may be forthcoming due to our more proactive inspection program thereby warranting more workshop and council time. The disadvantage to the change would be a loss of control or perceived loss of control. However, since the council appoints the board they can always rescind the appointment. Additionally, there is nothing prohibiting a council liaison who would be a non-voting member but would have the ability t, provide input and report back to the full council. •