§ 96.07. EXEMPTIONS.

(A)

The Chief of the Fire-Rescue Department or the Chief of the Bureau of Fire Prevention shall have the power to modify any of the provisions of the Fire Code other than the provisions of any State minimum codes under the following circumstances:

(1)

A written application has been sent to the fire official by the owner or the authorized agent of the owner demonstrating either of the following:

(a)

That there are practical difficulties which prevent strict adherence to the code requirements and that the requested modification to the code requirements is in keeping with the spirit of the code and shall not jeopardize public safety.

(b)

That a change to an existing code imposing a new requirement on existing structures placed a previously conforming structure in violation of the Code; that the requirement in question would necessitate the installation of a sprinkler system or a structural alteration to the building other than a change in a window, door or locking device, or the necessity for more than minor holes; that the new requirement does not result specifically from a change in the use of the structure; that the granting of the exemption does not pose a hazard to the public or to the occupants of the structure; that the owner agrees to post any notices required by the Fire-Rescue Department warning the public or the occupants of the noncompliance; and that further the owner agrees to hold the City harmless for any injury or property damage resulting from the owner's decision not to comply with the retroactive Code provision. This exemption shall not be available in circumstances where the requirement to modify an existing building resulted from an alteration to the portion of the structure containing the nonconformity, or from repairs or alterations to the structure which exceed fifty (50) percent of the assessed value of the structure.

(2)

The particulars of any modification or exemptions granted under this Section shall be recorded in the files of the Fire-Rescue Department and a signed copy shall be provided to the applicant.

(B)

Modifications to State minimum codes shall be controlled by the provisions of those codes which set standards or conditions for granting exemptions to the minimum code.

(Code 1980, § 11-21; Ord. No. 60-85, passed 6/25/85; Ord. No. 46-02, § 2, passed 10/1/02)