HomeMy WebLinkAboutFlorida Building Code Interlocal Agreement (Partially Executed) 2001
LOCAL COMPLIANCE REVIEW BOARD OF THE FLORIDA BUILDING CODE
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into this
day of
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) ln order to
establish a countywide compliance review board to review local
technical amendments to the Florida Building Code.
WIT N E SSE 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 Statutesrand
WHEREAS, the parties to this agreement, constituting local
governments within Seminole County, Florida, desire to preserve
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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 Board.
(d) Members of the Board shall serve without compensation.
The chair and vice-chair shall be voting members of
(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.
power to:
(a) Adopt rules for the conduct of its hearings;
Powers of Board.
The Board shall have the
(b) Review any local technical amendment to the Florida
Building Code, adopted by a local government wi thin 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.
Wi thdrawal 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 wi thin 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) subj ect 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:
CITY OF CASSELBERRY, FLORIDA
THELMA MCPHERSON, Clerk
By:
BRUCE PRONOVOST, Mayor
Date:
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ATTEST:
CAROL A. FOSTER, Clerk
CITY OF LAKE MARY, FLORIDA
By:
THOM GREENE, Mayor
Date:
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ATTEST:
JANET DOUGHERTY, Clerk
CITY OF SANFORD, FLORIDA
By:
BRADY LESSARD, Mayor
Date:
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f~, Ci-eLR:
ENZO-LUACES, CITY CLERK
Date:
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CI
FL
By:
PAUL
February 11, 2002
ATTEST:
GERALDINE D. ZAMBRI, Clerk
DATE:
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CITY OF LONGWOOD, FLORIDA
By:
PAUL LOVESTRAND, Mayor
ATTEST:
PATSY WAINRIGHT, Clerk
DATE:
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CITY OF ALTAMONTE SPRINGS,
FLORIDA
By:
RUSS HAUCK, Mayor
ATTEST:
BARBARA J. BARBOUR, Clerk
DATE:
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CITY OF OVIEDO, FLORIDA
By:
MARY LOU ANDREWS, Mayor
ATTEST:
SEMINOLE COUNTY SCHOOL BOARD
KAREN PONDER
By:
SANDRA ROBINSON, Chairman
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ATTEST: BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
By:
DARYL G. MCLAIN, Chairman
MARYANNE MORSE
Clerk to the Board of
County Commissioners of
Seminole County, Florida.
Date:
For the use and reliance
of Seminole County only.
Approved as to form and
legal sufficiency.
As authorized for execution by
the Board of County Commis-
sioners at their regular
Meeting of , 2001.
County Attorney
SPL/gn
12/21/01
CAGN01/AGT/Loca1ComplianceBrd.2.doc
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