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HomeMy WebLinkAbout2002 02 11 Consent B Local Compliance Review Board of the Florida Building Code Interlocal Agreement COMMISSION AGENDA ITEM B Consent Informational Public Hearin Re ular x February 1 L 2002 Meeting MGR.~EP~ Authorizatio REQUEST: The Community Development Department - Building Division presents to the City Commission for its consideration an lnterlocal Agreement entitled "Local Compliance Review Board of the Florida Building Code lnterlocal Agreement" which would establish a countywide compliance review board as required under the impending Florida Building Code. PURPOSE: The purpose of this Agenda. item is for the City Commission to review and consider the attached lnterlocal Agreement which would provide for a countywide compliance review board and would enable the City of Winter Springs to make technical amendments to the Florida Building Code. APPLICABLE LAW AND PUBLIC POLICY: Section 553.73, Florida Statutes (2001) requires each county and municipality desiring to make local technical amendments to the Florida Building Code to establish, by local agreement, a countywide compliance review board to review amendments to the Florida Building Code, adopted by a local government, that is challenged by a substantially affected party for the purpose of determining the amendments compliance with Section 552.73, Florida Statutes. February 11, 2002 CONSENT AGENDA ITEM B Page 2 CONSIDERA TIONS: . In order for the City to have the flexibility of making technical amendments to the Florida Building Code it must be a member of this countywide compliance review board. FUNDING: . There is no fiscal impact to the City, for membership to this countywide compliance review board, unless, a technical amendment by the City of Winter Springs is challenged by a substantially affective party as defmed under the Statute, in which case, the cost to the City would be for the reimbursement to the County for clerical support. STAFF RECOMMENDATION: The staff recommends the City Commission approve the interlocal agreement to participate in the countywide compliance review board. ATTACHMENTS: Local Compliance Review Board of the Florida Building Code Interlocal Agreement. COMMISSION ACTION: 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) in 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 revlew 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 wi thin Seminole County, Florida, desire to preserve 1 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, Statutes. NOW THEREFORE, ln consideration of the foregoing premises, Florida 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 2 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 lS 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 ln 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'N'S'", C'itrr"K ENZO-LUACES, CITY CLERK By: PAUL Date: February 11, 2002 10 ATTEST: GERALDINE D. ZAMBRI, Clerk CITY OF LONGWOOD, FLORIDA By: PAUL LOVESTRAND, Mayor DATE: 11 ATTEST: PATSY WAINRIGHT, Clerk CITY OF ALTAMONTE SPRINGS, FLORIDA By: RUSS HAUCK, Mayor DATE: 12 ATTEST: BARBARA J. BARBOUR, Clerk CITY OF OVIEDO, FLORIDA By: MARY LOU ANDREWS, Mayor DATE: 13 ATTEST: KAREN PONDER SEMINOLE COUNTY SCHOOL BOARD By: SANDRA ROBINSON, Chairman 14 ATTEST: MARYANNE MORSE Clerk to the Board of County Commissioners of 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 CAGN01/AGT/Loca1Comp1ianceBrd.2.doc BOARD OF COUNTY COMMISSIONERS , SEMINOLE COUNTY, FLORIDA By: DARYL G. MCLAIN, Chairman Date: As authorized for execution by the Board of County Commis- sioners at their regular Meeting of , 2001. 15 Andrea Lorenzo-Luaces From: Sent: To: Subject: Anthony Garganese [agarganese@orlandolaw.net] Tuesday, April 30, 2002 11 :03 AM Andrea Lorenzo-Luaces Re: Requesting Your Opinion I don't know why we had two agenda items for what appears to be the same thing. I sent Steve Lee a copy of the April agenda agreement if that helps. Andrea Lorenzo-Luaces wrote: > Good Morning again - > > Both of these Agenda Items seem similar and both were approved. I recently > received your letter with the copy you sent to Stephen Lee. Which Agenda > Item would the signed copy of the contract go with? > > Please advise. > > <<021102 Official Minutes.doc>> <<021102 Consent B Compliance Review > Board.doc>> > > <<040202 Special Minutes.doc>> <<0040202 Regular D Countywide > Compliance.doc>> > > Thanks, Andrea > > Andrea Lorenzo-Luaces, CMC > City Clerk > City of Winter Springs > 1126 East State Road 434 > Winter Springs, Florida 32708 > email: alorenzo-Iuaces@winterspringsfl.org > Telephone: (407) 327-5955 > Facsimile: (407) 327-4753 > > ------------------------------------------------------------------------ > > > > > > > > > > > > > > > Name: 021102 Official Minutes.doc 021102 Official Minutes.doc Type: Microsoft Word Document (application/msword) Encoding: base64 Name: 021102 Consent B Compliance Review Board.doc 021102 Consent B Compliance Review Board.doc Type: Microsoft Word Document (application/msword) Encoding: base64 Name: 040202 Special Minutes.doc 040202 Special Minutes.doc Type: Microsoft Word Document (application/msword) Encoding: base64 Name: 0040202 Regular D Countywide Compliance.doc 0040202 Regular D Countywide Compliance.doc Type: Microsoft Word Document (application/msword) Encoding: base64 1