Robert Madden et al. v. Metropolitan Board of Fire and Building Code Appeals of the Metropolitan Government of Nashville and Davidson County, Tennessee

This case concerns the denial of a variance by the Board of Fire and Building Code Appeals of the Metropolitan Government of Nashville and Davidson County, Tennessee (“the Board”). Landowners applied for a building permit to construct an auto repair shop on undeveloped property. The local fire code required new buildings of this type and size to have, inter alia, a water source that could supply 180,000 gallons at 1,500 gallons per minute for two hours. The property at issue did not have the requisite water supply. Thus, as a variance to the fire code, the landowners proposed to construct a 20,000-gallon water tank on the property and to install a “dry” fire suppression system inside the building. When their plan was rejected by the fire marshal, the landowners appealed to the Board and asked for approval of a variance. The Board denied the variance request, citing concerns over the safety of people, including firefighters and first responders. The owners then petitioned for a writ of certiorari, arguing that the Board misapplied the law by failing to consider whether strict enforcement of the fire code would result in “manifest injustice.” Finding that the Board failed to distinguish the landowners’ request for a variance from an appeal, the trial court vacated the Board’s ruling and remanded the matter to the Board for review of the variance request. This appeal followed. For the reasons set forth below, we respectfully disagree with the trial court’s conclusion, reverse its judgment, and remand with instructions to affirm the decision of the Board.