APPEAL RIGHTS AND PROCESS, LOCAL.
If an order is made by the fire chief or the fire chief's authorized representative, the owner or occupant may, within seven (7) days after receiving the order, file a written appeal to the Fire Chief of the TFPD. The appeal must be postmarked within seven days following the date of receipt of the order. The order must be complied with within the time specified in the order unless the fire chief revokes the order.
An application for appeal shall be based on at least one of the following (perSection 108.2 of the 2006 Idaho Fire Code):
1. a claim that the intent of this code or the rules legally adopted have been incorrectly interpreted,
2. the provisions of the code do not fully apply, or
3. an equivalent method of protection or safety is proposed.
IMPORTANT NOTE: If the appeal does not clearly explain that it is based on at least one of the three above items, the appeal will be considered invalid. We cannot simply waive code requirements becuase an owner/occupant does not want to comply.
The Fire Chief, within seven (7) business days after receiving the written appeal, will review the appeal and issue a written decision. The owner or occupant may, within seven (7) days after receiving the written decision by the Fire Chief, file a written appeal to the TFPD Board of Commissioners.
The Board of Commissioners may, at their next regularly scheduled meeting following receipt of the appeal, either 1) review the appeal and issue a decision or 2) use a Board of Appeals pursuant to the provisions of the code to further review and issue a decision. The boards have no authority to waive requirements of the code and their decision on an appeal is a final order of the TFPD.
Idaho Code 41-260. APPEAL FROM ORDER OF REMEDY OR REMOVAL -- APPEAL FROM LOCAL APPEAL DECISION.
If an order to remedy or remove, or a local appeal decision regarding the interpretation of the International Fire Code or rules of the state fire marshal, is made by the deputies or assistants of the state fire marshal, such owner or occupant who receives the order, or a party aggrieved by a local appeal decision, may, within twenty (20) days after receipt of service of such order or local appeal decision, appeal to the state fire marshal, who shall within ten (10) days, review such order or local appeal decision and if affirmed, file his decision thereon, and unless by his authority the order or local appeal decision is revoked or modified it shall remain in full force and be complied with within the time fixed in said order, local appeal decision, or decision of the state fire marshal.
Provided, however, that any such owner, occupant or party who feels himself aggrieved by any such order or local appeal decision, or affirming of such order or local appeal decision, may within thirty (30) days after the making or affirming of any such order or local appeal decision by the state fire marshal, appeal such order or local appeal decision to the district court
