Page 21 - 2018_IFGC

SCOPE AND ADMINISTRATION

[A] 108.7.2 Authority to disconnect service utilities. 4. Registered design professional with electrical engi-
The code official shall have the authority to require dis- neering experience; or an electrical contractor with
connection of utility service to the building, structure or not less than 10 years’ experience, 5 of which shall
system regulated by the technical codes in case of emer- have been in responsible charge of work.
gency where necessary to eliminate an immediate hazard 5. Registered design professional with fire protection
to life or property. The code official shall notify the serv- engineering experience; or a fire protection contrac-
ing utility and, where possible, the owner or the owner’s tor with not less than 10 years’ experience, 5 of
authorized agent and occupant of the building, structure or which shall have been in responsible charge of
service system of the decision to disconnect prior to taking work.
such action. If not notified prior to disconnection, the [A] 109.2.2 Alternate members. The chief appointing
owner or occupant of the building, structure or service sys- authority shall appoint two alternate members who shall
tem shall be notified in writing, as soon as practicable be called by the board chairman to hear appeals during the
thereafter. absence or disqualification of a member. Alternate mem-
[A] 108.7.3 Connection after order to disconnect. A bers shall possess the qualifications required for board
person shall not make energy source connections to instal- membership and shall be appointed for 5 years, or until a
lations regulated by this code that have been disconnected successor has been appointed.
or ordered to be disconnected by the code official, or the [A] 109.2.3 Chairman. The board shall annually select
use of which has been ordered to be discontinued by the one of its members to serve as chairman.
code official until the code official authorizes the recon- [A] 109.2.4 Disqualification of member. A member shall
nection and use of such installations. not hear an appeal in which that member has a personal,
Where an installation is maintained in violation of this professional or financial interest.
code, and in violation of a notice issued pursuant to the [A] 109.2.5 Secretary. The chief administrative officer
provisions of this section, the code official shall institute shall designate a qualified clerk to serve as secretary to the
appropriate action to prevent, restrain, correct or abate the board. The secretary shall file a detailed record of all pro-
violation. ceedings in the office of the chief administrative officer.
[A] 109.2.6 Compensation of members. Compensation
of members shall be determined by law.
SECTION 109 (IFGC) [A] 109.3 Notice of meeting. The board shall meet upon
MEANS OF APPEAL notice from the chairman, within 10 days of the filing of an
[A] 109.1 Application for appeal. A person shall have the appeal, or at stated periodic meetings.
right to appeal a decision of the code official to the board of [A] 109.4 Open hearing. Hearings before the board shall be
appeals. An application for appeal shall be based on a claim open to the public. The appellant, the appellant’s representa-
that the true intent of this code or the rules legally adopted tive, the code official and any person whose interests are
thereunder have been incorrectly interpreted, the provisions affected shall be given an opportunity to be heard.
of this code do not fully apply or an equally good or better [A] 109.4.1 Procedure. The board shall adopt and make
form of construction is proposed. The application shall be available to the public through the secretary procedures
filed on a form obtained from the code official within 20 days under which a hearing will be conducted. The procedures
after the notice was served. shall not require compliance with strict rules of evidence,
[A] 109.2 Membership of board. The board of appeals shall but shall mandate that only relevant information be
consist of five members appointed by the chief appointing received.
authority as follows: one for 5 years; one for 4 years; one for [A] 109.5 Postponed hearing. Where five members are not
3 years; one for 2 years and one for 1 year. Thereafter, each present to hear an appeal, either the appellant or the appel-
new member shall serve for 5 years or until a successor has lant’s representative shall have the right to request a post-
been appointed. ponement of the hearing.
[A] 109.2.1 Qualifications. The board of appeals shall [A] 109.6 Board decision. The board shall modify or reverse
consist of five individuals, one from each of the following the decision of the code official by a concurring vote of three
professions or disciplines. members.
1. Registered design professional who is a registered [A] 109.6.1 Resolution. The decision of the board shall be
architect; or a builder or superintendent of building by resolution. Certified copies shall be furnished to the
construction with not less than 10 years’ experience, appellant and to the code official.
5 of which shall have been in responsible charge of [A] 109.6.2 Administration. The code official shall take
work.
immediate action in accordance with the decision of the
2. Registered design professional with structural engi- board.
neering or architectural experience. [A] 109.7 Court review. Any person, whether or not a previ-
3. Registered design professional with fuel gas and ous party to the appeal, shall have the right to apply to the
plumbing engineering experience; or a fuel gas con- appropriate court for a writ of certiorari to correct errors of
tractor with not less than 10 years’ experience, 5 of law. Application for review shall be made in the manner and
which shall have been in responsible charge of time required by law following the filing of the decision in
work. the office of the chief administrative officer.

8 2018 INTERNATIONAL FUEL GAS CODE ®
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