PRESENTER: Presenter
Anthony Pitzer, Division Chief/Fire Marshal
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SUBJECT: Title
Approval of the first reading of an ordinance allowing the Construction Board of Appeals to hear appeals on Fire Code determinations made by the New Braunfels Fire Marshal’s Office.
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DEPARTMENT: Fire
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COUNCIL DISTRICTS IMPACTED: All
BACKGROUND INFORMATION: The 2021 International Fire Code provides a formal way for citizens, builders, and business owners to appeal decisions made by the Fire Marshal’s Office. Fire codes can be technical, complex, and sometimes interpreted differently depending on the situation. By allowing appeals to be heard by the Construction Board of Appeals-an independent panel of qualified professionals-the City of New Braunfels ensures that anyone who disagrees with a fire code determination has a fair, structured, and impartial path to request a second look. This process helps people clarify misunderstandings, propose alternative methods that still meet safety requirements, and correct situations where the code may have been applied too broadly or too strictly for a unique project.
Having an appeals process is critical for maintaining public trust and transparency. It ensures that fire code enforcement is not seen as a closed system and gives citizens confidence that decisions can be reviewed and justified openly. The board’s deliberations create a documented record explaining how and why a final decision was reached, reinforcing accountability in the Fire Marshal’s Office. Ultimately, this mechanism protects public safety while supporting fairness, consistency, and innovation-keeping development moving forward without compromising the life safety standards that protect the community.
Please review attached amended ordinance showing changes.
ISSUE:
The adopted 2021 International Fire Code (IFC) establishes a formal appeals process for individuals or entities who wish to challenge determinations made by the Fire Code Official. According to Appendix A of the 2021 IFC, any person has the right to appeal a fire code decision when they believe the code has been incorrectly interpreted, does not fully apply to their situation, or when an alternative method that meets the intent of the code is proposed. The appendix further outlines that a Board of Appeals must be composed of qualified members who are not employees of the jurisdiction, ensuring impartial review of fire code decisions. By adopting these provisions, the City of New Braunfels enables its Construction Board of Appeals to formally hear and decide appeals related to determinations made by the New Braunfels Fire Marshal’s Office.
Establishing this appeals process is essential for promoting fairness, transparency, and accountability in local fire code enforcement. Fire codes are complex and can be interpreted differently depending on the circumstances of a project. The appeals process ensures that citizens, contractors, and developers have access to an impartial panel capable of reviewing both Fire Marshal’s interpretation and any proposed alternatives. Fire code experts emphasize that appeals boards act as neutral reviewers and help maintain consistency and reasoned interpretation within the regulatory framework. Furthermore, the IFC specifies that appeals of notices and orders-except those involving imminent danger-result in a temporary stay of enforcement until the Board issues its decision, ensuring meaningful due process for appellants. This structured pathway supports community trust by ensuring that fire code determinations are transparent, documented, and subject to review, while preserving the core objective of safeguarding life and property.
STRATEGIC PLAN REFERENCE:
N/A Economic Mobility N/A Enhanced Connectivity N/A Community Identity
YES Organizational Excellence YES Community Well-Being
FISCAL IMPACT:
No impact
Recommendation
RECOMMENDATION:
Staff recommends approval.