Section 109. Appeals

109.1 Appeals to Board of Fire Commissioners.

Any person who is aggrieved by any notice, decision, order, or determination of the Fire Code Official may appeal in writing to the Board of Fire Commissioners. The appeal must be filed with the Board within 30 days after the notice, decision, order, or determination is served.

109.2 Affect of appeal.

An appeal filed within 5 days of service stays all proceedings on the notice, decision, order, or determination appealed from. An appeal filed later does not stay any proceedings; however, on application of the person taking the appeal and notice to the Fire Code Official, the Board may grant a restraining order for good cause shown.

109.3 Hearing.

Within 10 days after the appeal is filed, the Board must grant a hearing to the appellant. All interested parties have a right to be heard at the hearing.

109.4 Board decision.

Within 10 days after the hearing concludes, the Board must render its decision. In its decision, the Board may reverse, affirm, or modify the notice, decision, order, {rule,} or regulation appealed from and may give or make any other notice, decision, order, requirement, or determination that ought to be made under the circumstances. To that end, the Board has all the powers that are conferred on the Fire Code Official by this Code. However, the Board does not have any authority to waive, set aside, or in any way change any specific provision of this Code.

109.5 Judicial and appellate review.

A party aggrieved by a Board decision made under § 109.4 of this Code may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. A party to the judicial review may appeal the court's final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. A judicial review or appeal does not stay any criminal or equitable proceedings on the decision appealed from, nor does it prevent the Fire Code Official or any other City official from pursuing any other action or enforcement procedure authorized by law.

109.6 Limitations on instituting proceedings.

After a notice, decision, order, or determination has been served, the Fire Code Official may not take any action, except in the case of imminent danger, or institute or cause to be instituted any civil or criminal proceedings in connection with the enforcement of the notice, decision, order, or determination until:

1. after 5 days has passed without an appeal having been taken, or

2. if an appeal was taken within that period, after the Board renders its decision in the case.