[A] 104.10 Administrative Review, Interpretations, Modifications and Appeals

Any person dissatisfied with a code enforcement decision made by a Planning & Development Department employee may request an administrative review, formal interpretation, or a modification of a code requirement.

Any person dissatisfied with a code enforcement decision made by a Planning & Development Department employee may request a review of that decision by the employee's supervisor.

Any person dissatisfied with a decision of the supervisor may appeal that decision to the building official. The appeal shall be made in writing on a form provided by the Planning & Development Department, and shall be accompanied by a non-refundable administrative processing fee as set forth in Appendix A.2 of the Phoenix City Code. The decision of the building official shall be final except as provided in Section 113 of these administrative provisions.

Any person may request a written interpretation of a code requirement. The request shall be in writing on a form provided by the Planning & Development Department, shall include all information, calculations or other data necessary to describe the specific condition in detail, and shall be accompanied by a non-refundable administrative processing fee as set forth in Appendix A.2 of the Phoenix City Code. The decision of the building official shall be recorded in the files of the Department.

Where there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or the owner's authorized agent, provided that the building official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety.

Requests for modification of a code requirement shall be made in writing on a form provided by the Planning & Development Department, and shall be accompanied by a non-refundable fee as set forth in Appendix A.2 of the Phoenix City Code. The applicant is responsible for providing all information, calculations or other data necessary to document or substantiate each request. The building official may approve, approve with stipulations, or deny the application based upon the substantiating data submitted and the building official's determination that the modification results in substantial compliance with the intent of this code. In deciding each case, the building official may consider or require alternate methods or systems to be used in compensation for the particular code provision to be modified. The details of action granting modifications shall be recorded and entered in the files of the department of building safety.