§ 29.04.040. Section 108 amended.

Section 108 of the Guidelines for Solar Energy Installations, 1984 Edition, is hereby amended to read as follows:

"Energy Advisory Board

"a.

The Energy Advisory Board shall act as a board of appeals in making a determination of any appeal arising from the actions of the Administrative Authority. Appeals shall be made in writing, and the appellant may appear in person before the Board or be represented by an attorney, and may introduce evidence to support his claim. Appeals shall be heard at reasonable times at the convenience of the Board, but not later than thirty (30) days after receipt thereof. The appellant shall cause to be made at his expense, any tests or research required by the Board to substantiate his claims.

"b.

The Energy Advisory Board shall, upon the request of the Administrative Authority, interpret sections of the Code as to the approval of solar energy materials and methods allowed under said code.

"c.

Where conditions exist on any solar energy installation job which are not specifically provided for by this Code, or where it would be impracticable to follow its provisions, the Board may grant a variance from the strict application of the provisions of this Code. The person or persons desiring such variance shall submit all data and information necessary or as may be required by the Board to enable it to make its decision, and if after thorough study of the granting of such request would not act in contravention to the welfare of the public, it shall have the authority to grant the variance.

"d.

The Energy Advisory Board may consider applications for the use of materials or methods of installations not specifically covered in the Code, or quality of materials or for a change in methods of installation as set forth in this Code, and accept or reject the same as affording the same degree of safety, and performance as the materials or methods provided for herein. The Board may use established standards of nationally recognized laboratories and research organizations in making its determination to accept or reject the application: The applicant shall submit to the Board all necessary information as may be required by the Board in order for it to make its determination, and any expense incurred for the payment of laboratory reports and tests shall be borne by the applicant. If after a thorough study of the application and upon the basis of such study, it is determined that the public interest would be best served, would not be detrimental to the health and welfare of the public and would afford the same degree of safety as elsewhere provided for in this Code, the Board shall approve the application; or should it be determined that it is against public interest, would be detrimental to the health and welfare of the public, would not afford the same degree of safety as elsewhere provided for in this Code, the Board shall deny the application.

"e.

Appeal. Any person, official or governmental agency dissatisfied with any order or determination of the Energy Advisory Board may appeal such order or determination to the Board of City Commissioners. An appeal taken to the Board of City Commissioners shall be on the record of the hearing before the Board and shall be in writing, and shall be filed with the City Clerk and the Administrative Authority within ten (10) days of the date of the hearing before the Energy Advisory Board. The basis for appeal must be set forth in the written appeal that is served upon the City Clerk and the Administrative Authority."

(Ord. No. 39-287 (part))