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APPEALS PROCEDURE

Oklahoma City Municipal Code ch. 20, art. II, pt. B
in effect

Oklahoma City Municipal Code § 20-132 Time, notice and effect.

§ 20-132. - Time, notice and effect. (a) Deadline for filing. An appeal to the Fire Code Appeals Board shall be filed no later than 15 days after notice of any action of which they are aggrieved or no later than 15 days after the date of the decision or interpretation of the Fire Marshal, or designated representative, which the appellant wishes to appeal. (b) Notice of appeal; filing fee. Written notice of an appeal must be given to the Fire Marshal or designated representative. Such notice shall specify the grounds for the appeal and shall be accompanied by a filing fee. The amount of such fee shall be $100.00. (c) Records to be furnished. The Fire Marshal or designated representative shall forward to the Board all the evidence constituting the record of the action from which the appeal was taken, including the report substantiating the position the Fire Marshal or designated representative has taken in the matter. (d) Effect of appeal. An official appeal shall stay all proceedings in furtherance of the action appealed from, unless the Fire Marshal, or designated representative, certifies to the Board after a notice of appeal has been filed, that by reason of the facts stated in the certificate a stay would, in their opinion, cause imminent peril to life or property. The proceedings then shall not be stayed otherwise than by a restraining order granted by a court of record having jurisdiction or a restraining order granted by the Board. (e) Notice and date of appeals; who may appear. On application and notice to the Fire Marshal or designated representative and upon good cause shown, the Board shall fix a reasonable time for the hearing of the appeal, given public notice thereof, and shall decide the matter within a reasonable time. The appellant, their representative, and any other person whose interest may be affected by the matter on appeal shall be given an opportunity to be heard. (Ord. No. 27535, § 4, 2-27-24, eff. 3-1-24)

Oklahoma City Municipal Code § 20-133 Action of Board.

§ 20-133. - Action of Board. The Board, when appealed to and after a public hearing, has the following powers: (1) Modification; reversal. The Board may modify or reverse any decision or order of the Fire Marshal in the interpretation or enforcement of this Code in any particular case, when and only when, in its opinion strict application and enforcement would result in peculiar and exceptional practical difficulties to, or exceptional undue hardships upon, or manifest injustice to, an appellant, and would be contrary to the spirit and purpose of this Code, or the public interest, or when it is determined that the true intent has been incorrectly interpreted. Mere economic hardship or a hardship which is self-created shall not be considered a valid or sufficient basis for granting a reversal or modification of the decision or order. (2) Rulings to be accompanied by findings of fact; decision to be filed. Every ruling upon any appeal to the Board shall be accompanied by a written finding of fact based upon the evidence and testimony received at the hearing by the Board. The ruling shall specify the reason for granting, denying, or modifying the appeal and shall indicate the vote upon the decision. Every decision shall be promptly filed in the office of the Fire Marshal or designated representative and shall be open to public inspection. (Ord. No. 27535, § 4, 2-27-24, eff. 3-1-24)

Oklahoma City Municipal Code § 20-134 Fire Marshal to enforce decisions.

§ 20-134. - Fire Marshal to enforce decisions. The Fire Marshal shall take immediate action in accordance with the decision of the Board. (Ord. No. 27535, § 4, 2-27-24, eff. 3-1-24)

Oklahoma City Municipal Code § 20-135 Appeal to District Court.

§ 20-135. - Appeal to District Court. Any person aggrieved by a decision of the Board, whether or not a previous party to the decision, or any officer or official board of the jurisdiction, may appeal to the District Court as provided by State Statute. (Ord. No. 27535, § 4, 2-27-24, eff. 3-1-24)
Source: City of Oklahoma City, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2020_CH20FIPRPR_ARTIIFIPRCO_PTBAPPRFetched: 10/28/2026

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