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
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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,
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
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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
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
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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 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
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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
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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
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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
>
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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
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