BUILDING AND FIRE CODES BOARD OF APPEAL

Orlando City Code ch. 2, art. XXVI

in effect

Orlando City Code § 2.185 Creation; Composition; Term of Office.

Sec. 2.185. - Creation; Composition; Term of Office. (1) There is hereby created and established a Board to be known and designated as the "Building and Fire Codes Board of Appeal." (2) Such Board shall consist of seven (7) members, serving without pay, appointed by the Mayor subject to confirmation by the City Council. To the greatest extent possible, the Board shall be composed of members with expertise in building construction and fire safety standards. (3) The terms of members of the Board shall be as set forth in Section 2.120 of this Code. Appointments to this Board shall be staggered with four (4) members appointed for a term of three (3) years and three (3) members appointed for a term of two (2) years. (Ord. of 6-6-1977, § 1; Ord. of 12-7-1987, Doc. #21682; Ord. of 4-4-1994, Doc. #27406; Ord. of 6-21-1999, § 3, Doc. #32160; Ord. of 10-25-1999, § 18, Doc. #32410; Ord. of 6-2-2003, § 1, Doc. #030602701)

Orlando City Code § 2.186 Powers and Duties; Conflict Resolution Between Building and Fire Prevention Codes.

Sec. 2.186. - Powers and Duties; Conflict Resolution Between Building and Fire Prevention Codes. The Building and Fire Codes Board of Appeal shall have the following powers and duties: (1) The Board shall hear appeals from decisions by the Fire Chief and Building Official, acting in concert to resolve conflicts between the Building Code and Fire Prevention Code. (2) In the event that the Fire Chief and Building Official are unable to agree on a resolution of a conflict between the Building Code and Fire Prevention Code, the Board shall resolve the conflict in favor of the code which offers the greatest degree of life safety or in favor of alternatives which would provide an equivalent degree of life safety and an equivalent method of construction. (3) If the decision of the Fire Chief and the Building Official is to apply the provisions of either the Building Code or the Fire Prevention Code, the Board may not alter the decision unless the Board determines that the application of such code is not reasonable. If the decision of the Fire Chief and the Building Official is to adopt an alternative to the codes, the Board shall give due regard to such decision and may modify that decision if the Board adopts a better alternative, taking into consideration all relevant circumstances. In any case in which the Board adopts alternatives to the decision rendered by the Fire Chief and the Building Official, such alternatives shall provide an equivalent degree of life safety and an equivalent method of construction as the decision rendered by the Fire Chief and the Building Official. (Ord. of 6-6-1977, § 1; Ord. of 12-7-1987, Doc. #21682; Ord. of 4-4-1994, Doc. #27406)

Orlando City Code § 2.186-1 Additional Powers and Duties; Fire Prevention Code.

Sec. 2.186-1. - Additional Powers and Duties; Fire Prevention Code. (1) In addition to the powers and duties set forth in Section 2.186, the Building and Fire Codes Board of Appeal shall entertain appeals from decisions of the Fire Marshal whenever the Fire Marshal shall reject or refuse to approve an alternate material or method of construction, or when it is claimed that the provisions of the Fire Prevention Code do not apply, or when it is claimed that the true intent and meaning of the Fire Prevention Code or any regulations thereunder have been misconstrued or wrongly interpreted. (2) The Board, when appealed to as provided above and in Section 24.02 of the Code, and after a public hearing, may vary the application of any provision of the Fire Prevention Code to any particular case when, in its considered opinion, the enforcement thereof would do manifest injustice and would be contrary to the intent, spirit and purpose of this Fire Prevention Code or when the interpretation of the Fire Marshal should be modified or reversed. (3) A decision of the Board to vary the application of any provisions of the Fire Prevention Code or to modify or reverse an order of the Fire Marshal shall specify in writing in what manner such variation or modification is made, the conditions upon which it is made and the reasons therefor. (4) Every decision of the Board shall be final when approved by the City Council of the City of Orlando, subject, however, to such remedy as any aggrieved party might have in law or in equity. Such decision shall be in writing, and shall indicate the vote of the decision. Every decision shall be promptly filed in the office of the Chief of the Fire Department and shall be open to public inspection; a certified copy shall be sent by mail or otherwise delivered to the appellant and a copy shall be kept posted in the City Hall lobby, or other location used within the City Hall for public notices, for two (2) weeks after filing. An appeal of adverse ruling by the Board shall be filed in writing by the appellant with the City Clerk within five (5) days of the date of the decision. (5) If a decision of the Board reverses or modifies a refusal, order, or disallowance of the Fire Marshal, or varies the application of any provisions of this Code, the Fire Marshal shall, upon approval of the City Council of the City of Orlando, take action in accordance with such decision. (Ord. of 6-25-1990, Doc. #24025; Ord. of 4-4-1994, Doc. #27406)

Orlando City Code § 2.186-2 Additional Powers and Duties; Building and Other Construction Codes.

Sec. 2.186-2. - Additional Powers and Duties; Building and Other Construction Codes. (1) In addition to the powers and duties set forth in Sections 2.186 and 2.186-1, the Building and Fire Codes Board of Appeal shall entertain appeals from decisions of the Building Official whenever the Building Official shall reject or refuse to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building or structure, or when it is claimed that the provisions of the Building Code do not apply, or that any equally good or more desirable form of installation can be employed in any specific case, or when it is claimed that the true intent and meaning of the Building Code or any of the regulations thereunder have been misconstrued or incorrectly interpreted. Notice of appeal shall be in writing and filed with the Board within fifteen (15) calendar days after the decision is rendered by the Building Official. (2) The Board, when so appealed to and after a hearing, may vary the application of any provision of the Building Code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirit and purpose of the Building Code or public interest, or when, in its opinion the interpretation of the Building Official should be modified or reversed. (3) A decision of the Board to vary the application of any provision of the Building Code or to modify an order of the Building Official shall specify in what manner such variation or modification is made, the conditions upon which it is made and the reasons therefor. (4) Every decision of the Board shall be final, subject, however, to such remedy as any aggrieved party might have at law or in equity. It shall be in writing and shall indicate the vote upon the decision. Every decision shall be promptly filed in the office of the Building Official, and shall be open to public inspection; a certified copy shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the Building Official for two (2) weeks after filing. (5) The Board shall, in every case, reach a decision without unreasonable or unnecessary delay. (6) If a decision of the Board reverses or modifies a refusal, order, or disallowance of the Building Official, or varies the application of any provision of the Building Code, the Building Official shall immediately take action in accordance with such decision. (7) The Building and Fire Codes Board of Appeal shall also exercise those powers and duties formerly exercised by the Building Adjustment and Appeals Board pursuant to, and as specified in, City Code Chapters 14, 22, 47 and 47A. (Ord. of 4-4-1994, Doc. #27406)

Source: City of Orlando, Florida, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/fl/orlando/codes/code_of_ordinances?nodeId=TITIICICO_CH2AD_ARTXXVIBUFICOBOAPFetched: 11/1/2026