HomeMy WebLinkAboutSeminole County Interlocal Local Compliance Review Board 2001 PELOCAL COMPLIANCE REVIEW BOARD OF THE FLORIDA BUILDING CODE
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into this
day of f 2001, by and between the CITY OF
CASSELBERRY, the CITY OF LAKE MARY, the CITY OF SANFORD, the
CITY OF WINTER SPRINGS, the CITY OF LONGWOOD, the CITY OF
ALTAMONTE SPRINGS, the CITY OF OVIEDO; the SEMINOLE COUNTY
SCHOOL BOARD and SEMINOLE COUNTY (the County) in order to
establish a countywide compliance review board to review local
technical amendments to the Florida Building Code.
W I T N E S S E T H:
WHEREAS, the Florida Building Code Act of 1998 created a
unified statewide building code to be uniformly in effect
throughout the State of Florida; and
WHEREAS, Section 553.73(4) (b) (7), Florida Statutes,
requires each county and municipality desiring to make local
technical amendments to the Florida Building Code to establish,
by interlocal agreement, a countywide compliance review board to
review any amendment to the Florida Building Code, adopted by
local government, that is challenged by any substantially
affected party for purposes of determining the amendment's
compliance with Section 553.75, Florida Statutes;" and
WHEREAS, the parties to this agreement, constituting local
governments within Seminole County, Florida, desire to preserve
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their respective abilities to make local technical amendments to
the Florida Building Code, and therefore wish to establish a
countywide compliance review board with the power, jurisdiction
and authority to review such local technical amendments to the
Florida Building Code, pursuant to Section 553.73, Florida
Statutes.
NOW THEREFORE, in consideration of the foregoing premises,
the parties hereto agree to the following:
Section 1. Incorporation by Reference. The foregoing
preambles are incorporated in and made a part of this Interlocal
Agreement.
Section 2. Creation of Board; Composition.
(a) There is hereby created and established a countywide
compliance review board to be known and designated as the
Building Code Compliance Review Board, and hereinafter referred
to as the Board.
(b) The Board shall consist of the Building Official (or
designee) of each unit of local government within Seminole
County, Florida, which is or which becomes a party to this
Interlocal Agreement. In the event a unit of local government
does not have a person designated as Building Official then the
governing body may appoint another person to the Board, provided
the person appointed shall reside within the boundaries of that
unit of local government and shall, to the greatest extent
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possible, have knowledge and expertise in building construction,
fire safety standards and /or construction codes.
(c) The Board shall elect a chair who shall preside at all
meetings, and a vice - chair, who shall serve in the absence of
the chair. The chair and vice -chair shall be voting members of
the Board.
(d) Members of the Board shall serve without compensation.
(e) The County shall provide clerical support to the Board
and, subject to section 9 (d) below (regarding reimbursement for
expenses), shall be responsible for preparing and maintaining
notices of meetings, advertising of hearings, minutes of
meetings and all required orders and other paperwork.
(f) All meetings of the Board are subject to Section
286.011, Florida Statutes and all records of the Board are
public records pursuant to Section 119.07, Florida Statutes.
Section 3. Adoption of Rules and Procedures; Minutes.
(a) The Board shall be entitled to adopt such rules and
procedures as from time to time it shall deem appropriate for
the proper conduct of its duties.
(b) The Board shall keep minutes of its proceedings,
showing the vote of each member upon each question or, if absent
or failing to vote, indicating such fact and shall keep records
of its hearings and other official actions, all of which shall
be maintained by the County as public records.
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Section 4. Quorum. A majority of the active members of
the Board shall constitute a quorum, and the affirmative vote of
a majority of a quorum present shall be required for any action
to be taken; but a smaller number may adjourn from time to time
until a quorum is present.
All Board members in attendance shall vote on all board
actions, decisions and recommendations except when, with respect
to any such member, there is, or appears to be, a possible
conflict of interest, including, but not limited to, when an
amendment of the Florida Building Code under review by the Board
has been adopted by such member's local government; in such
case, such member shall abstain from voting and shall not be
included for purposes of calculating a quorum as to that
specific matter.
Section 5. Powers of Board. The Board shall have the
power to:
(a)
Adopt
rules
for the conduct
of its hearings;
(b)
Review
any
local technical
amendment to the Florida
Building Code, adopted by a local government within Seminole
County pursuant to Section 553.73, Florida, Statutes, that is
challenged by any substantially affected party for purposes of
determining the amendment's compliance with Section 553.73(4),
Florida Statutes.
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Section 6. Appeals. If the Board determines an amendment
is not in compliance with Section 553.73(4), Florida Statutes,
the local government which adopted the amendment may appeal the
decision of the Board to the Florida Building Commission. If
the Board determines such amendment to be in compliance, any
substantially affected party may appeal such determination to
the Florida Building Commission.
Section 7. Withdrawal from Participation on Board. Any
party under this Interlocal Agreement may withdraw from this
Agreement and membership on the Board upon providing thirty (30)
days written notice to the Board.
Section 8. Additional Parties to Interlocal Agreement.
Any other local government within Seminole County, Florida may
become a party to this Interlocal Agreement by executing a
counterpart hereof and furnishing notice of execution and an
executed copy of such counterpart to the Board, and shall
thereafter be entitled to membership on the Board with the same
rights, privileges, obligations and duties as if an original
party to this Interlocal Agreement.
Section 9. Miscellaneous.
(a) This Interlocal Agreement may be executed in
counterparts. Each copy shall be deemed an original, but all of
them together shall constitute one and the same instrument. A
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facsimile copy of the Interlocal Agreement and any signatures
thereon shall be considered for all purposes as an original.
(b) This Interlocal Agreement shall be binding upon and
inure to the benefit of the respective parties.
(c) This Interlocal Agreement shall be governed by and in
accordance with the laws of the State of Florida.
(d) The local government(s) which adopted the technical
amendment(s) subject to challenge and hearing before the Board
shall, upon submission of an invoice from the County, reimburse
the County for the reasonable expenses of the clerical support
staff (including hourly wages and fringe benefits), advertising
and other required and documented expenses of calling,
advertising and conducting the hearing(s).
(e) This Interlocal Agreement constitutes the entire
agreement between the parties with respect to the specific
matters contained herein and supercedes all previous discussion,
understandings, and agreements. Amendments to or waivers of the
provisions herein shall be made by the parties in writing.
IN WITNESS WHEREOF, each party to this Interlocal Agreement
has caused it to be executed on the date indicated below.
ATTEST:
By:
CITY OF CASSELBERRY, FLORIDA
THELMA MCPHERSON, Clerk BRUCE PRONOVOST, Mayor
Date:
0
ATTEST:
I-
CITY OF LAKE MARY, FLORIDA
CAROL A. FOSTER, Clerk THOM GREENE, Mayor
Date:
ATTEST:
JANET DOUGHERTY, Clerk
Date:
CITY OF SANFORD, FLORIDA
BRADY LESSARD, Mayor
ATTEST: CI INTER RINGS,
1 FL IDA
By:
v
PAUL P . PARTYKA, M R
ANDREA ENZO- LUACES, CITY CLERK
Date: February 11, 2002
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ATTEST:
GERALDINE D. ZAMBRI, Clerk
DATE:
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CITY OF LONGWOOD, FLORIDA
PAUL LOVESTRAND, Mayor
ATTEST:
CITY OF ALTAMONTE SPRINGS,
FLORIDA
PATSY WAINRIGHT, Clerk RUSS HAUCK, Mayor
DATE:
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ATTEST:
BARBARA J. BARBOUR, Clerk
RI
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CITY OF OVIEDO, FLORIDA
MARY LOU ANDREWS, Mayor
ATTEST:
KAREN PONDER
In
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SEMINOLE COUNTY SCHOOL BOARD
SANDRA ROBINSON, Chairman
ATTEST:
By:
MARYANNE MORSE
Clerk to the Board of
County Commissioners of Date:
Seminole County, Florida.
For the use and reliance
of Seminole County only.
Approved as to form and
legal sufficiency.
County Attorney
SPL /gn
12/21/01
CAGNOI /AGT /LocalComplianceBrd.2.doc
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BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
DARYL G. MCLAIN, Chairman
As authorized for execution by
the Board of County Commis-
sioners at their regular
Meeting of , 2001.