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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 1 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. 3 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. 4 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 5 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: 6 7 ATTEST: CAROL A. FOSTER, Clerk CITY OF LAKE MARY, FLORIDA By: THOM GREENE, Mayor Date: 8 ATTEST: JANET DOUGHERTY, Clerk CITY OF SANFORD, FLORIDA By: BRADY LESSARD, Mayor Date: 9 f~, Ci-eLR: ENZO-LUACES, CITY CLERK Date: 10 CI FL By: PAUL February 11, 2002 ATTEST: GERALDINE D. ZAMBRI, Clerk DATE: 11 CITY OF LONGWOOD, FLORIDA By: PAUL LOVESTRAND, Mayor ATTEST: PATSY WAINRIGHT, Clerk DATE: 12 CITY OF ALTAMONTE SPRINGS, FLORIDA By: RUSS HAUCK, Mayor ATTEST: BARBARA J. BARBOUR, Clerk DATE: 13 CITY OF OVIEDO, FLORIDA By: MARY LOU ANDREWS, Mayor ATTEST: SEMINOLE COUNTY SCHOOL BOARD KAREN PONDER By: SANDRA ROBINSON, Chairman 14 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 15