02/13/2002 Agreement
Cled( of lIIe
CircuR Coun
Danny L. Kolhage
Clerk of the Circuit Court
Phone: (305) 292-8550
FAX: (305) 295-3663
e-mail: phancock@monroe-clerk.com
Memorandum
TO:
James Hendrick
County Attorney
ATTN:
Jan HotaJen, Assistant
County Attorney's Office
FROM:
Pamela G. Hanc~
Deputy Clerk \..y
DATE:
June 28, 2002.
At the February 13, 2002, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Compliance Review Board Interlocal Agreement between Monroe
County and Islamorada, Layton, Key Colony Beach, and Marathon (Key West declined), which the statutes
require in order for a local government to enact technical amendments to the new Florida Building Code.
Enclosed are four duplicate originals of the above mentioned for your handling. Should
you have any questions please do not hesitate to contact this office.
Cc: County Administrator w/o document
Growth Management
Finance
File/
County of Monroe
Growth Manallement Division
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2854
Board of County Commissioners
Mayor Charles "Sonny" McCoy, Dist. 3
Mayor Pro Tern Dixie Spehar, Dist. 1
Comm. Murray E. Nelson, Dist. 5
Comm. George Neugent, Dist. 2
Comm. Nora Williams, Dist. 4
January 16, 2002
Frank Kulisky, Mayor
Village ofIslamorada
P.O. Box 568
Islamorada, Florida 33036
RE: Interlocal Agreement
Dear Mayor Kulisky:
Enclosed please find two (1) duplicate originals of the Interlocal Agreement between Monroe County and
the Village of Islamorada for the establishment of a countywide Building Code Compliance Review Board.
I would appreciate your assistance in obtaining the appropriate signatures on these documents and
returning both documents to me in the self-addressed envelope to my attention. I will obtain the
remaining signatures and return an executed copy for your files.
Thank you for your cooperation. If you have any questions, please contact me at (305) 289-2517.
Sincerely,
~~~
Colleen Gardner, Executive Assistant
Growth Management Division
Enclosures
Icg
cc: Timothy J. McGarry, AICP, Director of Growth Management (w/o encl.)
Joe Paskalik, Senior Building Official (w/o encl.)
Belle DeSantis, Deputy Clerk (w/o encl.)
Monroe County Clerk's Original
COMPLIANCE REVIEW BOARD
INTERLOCAL AGREEMENT
This Interlocal Agreement is entered between Monroe County, Florida, and the Municipalities of
Islamorada, Key Colony Beach, Layton, and Marathon, Florida, as of the date last signed below,
establishing a countywide Compliance Review Board to review local technical amendments to the Florida
Building Code.
WHEREAS, the Florida Building Code Act of 1998, as amended, created a building code to be
uniformly in effect throughout the State of Florida, beginning March 1,2002; 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 a local government, that is challenged by any substantially affected party for purposes
of determining the amendment's compliance with Section 555.73, Florida Statutes; and
WHEREAS, the parties to this agreement, constituting local governments within Monroe County,
Florida, desire to preserve their respective abilities to make local technical amendments to the Florida
Building Code, and thereby wish to establish a countywide compliance review board with the power,
jurisdiction and authority to review 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, hereinafter referred to as the
Board.
B. The Board shall consist of one (1) member appointed from and by each local government
that is a party to this Interlocal Agreement. Each participating local government shall determine the
method by which it will appoint or remove its member. Membership upon the Board shall be expanded to
include one (1) member from and by each local government which hereafter enters into this Interlocal
Agreement, subject to the provisions hereof. The local government that appoints a member of the Board
may remove or replace its appointed member with or without cause at any time.
C. Each member's term shall be for a period of three (3) years.
D. Each participating local government shall appoint a member who is the Building Official
or other public employee, including a private party under contract to perform a public function for the
local government, and has knowledge and expertise in building construction, fire safety standards and
construction codes.
E. 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.
F. Members of the Board shall serve without compensation. Travel reimbursement to
meetings, if out of area of residency, is the responsibility of the appointing local government and shall be
pursuant to that government's rules.
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 of public record.
Section 4.
Secretary of the Board and Administrative Costs.
A. The records of the Board shall be kept, and all administrative duties necessary to the proper
functioning of the Board shall be performed, by the Secretary of the Board who shall be appointed and
removed by an absolute majority vote of the Board.
B. The Secretary shall be an employee of a participating local government. The local
government that employs the Secretary shall be reimbursed on a pro-rata basis by the participating local
governments for the actual costs for the services of the Secretary and the administrative costs of the
Board.
C. Meetings shall be conducted in a location near the geographic center of Monroe County.
Section 5.
Quorum.
A majority of the members of the Board shall constitute a quorum. The affirmative vote of a
majority of the members 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 a conflict of interest, as prohibited by Florida
Statutes. 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 6.
Powers of Board.
The Board shall have the power to:
A. Adopt rules for the conduct of its hearings, which rules shall require, at a minimum that:
(i)
Petitions for hearings shall include identification of the petitioner, a
statement of the local technical amendment challenged, notice to the
county or city attorney of the filing of the petition, an explanation of
how the petitioner's substantial interests are or will be affected by
the amendment, and a statement of the relief sought.
Compliance Review Board
2
(ii) Hearings shall be recorded and may be transcribed at the expense of
the party requesting the transcript.
(iii) The hearing need not be conducted according to technical rules
relating to evidence and witnesses. Any relevant evidence shall be
admitted if the Board finds it competent and reliable. Hearsay
evidence may be used for the purpose of supplementing or
explaining any direct evidence.
(iv) Each party - the petitioner and the building official (or designee) of
the government whose amendment is challenged - shall have these
rights: to call and examine witnesses; to introduce exhibits; and to
cross-examine witnesses on any matter relevant to the issues even
though that matter was not covered in direct examination.
(v) Decision of the compliance review board shall be recorded in a
written document and a copy transmitted to the petitioner and to the
affected local government building official and City or Village
Manager and County Administrator.
B. Review any local technical amendment to the Florida Building Code, adopted by a local
government within Monroe County pursuant to Section 553.73, Florida Statutes, that is challenged by any
substantially affected party for the purpose of determining the amendment's compliance with Section
553.73(4), Florida Statutes. A substantially affected party must establish (1) a real and sufficiently
immediate injury in fact; and (2) that the alleged interest is arguably within the zone of interest to be
protected or regulated. The Board's review shall be limited to the following:
(i) that local conditions justify more stringent requirements than those specified in the Florida
Building Code for the protection of life and property;
(ii) that the additional requirements are not discriminatory against materials, products or
instruction techniques of demonstrated capabilities;
(iii) that the additional requirements may not introduce a new subject not addressed in the
Florida Building Code.
C. Meet only when a petition for hearing is filed with the Secretary of the Board, who shall
prepare and mail to the petitioners and clerks of the participating local governments a notice of hearing
and shall set the hearing for a date within 30 days of receipt of the petition for hearing.
Section 7.
Appeals.
If the Board determines an amendment is not in compliance, the local government 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 8.
Withdrawal from Participation on Board.
Any party under this Interlocal Agreement may withdraw from this Agreement and membership
Compliance Review Board
3
on the Board upon providing thirty (30) days written notice to the Board.
Section 9. Additional Parties to Interlocal Agreement.
Any other local government within Monroe County, Florida, may become a party to this Interlocal
Agreement by executing a counterpart of this Interlocal Agreement, 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 10. 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 facsimile copy of the
Agreement and any signatures thereon shall be considered for all purposes as an original.
B.
parties.
This Interlocal Agreement shall be binding upon and inure to the benefit of the respective
C. This Interlocal Agreement shall be governed by and in accordance with the laws of the
State of Florida. Venue for any litigation with respect to this agreement or action taken pursuant hereto
shall be in Monroe County, Florida.
D. This Interlocal Agreement constitutes the entire agreement between the parties with respect
to the specific matters contained herein and supersedes all previous discussion, understandings, and
agreements. The parties to this Interlocal Agreement may only make amendments to the provisions of
this Interlocal Agreement by a written instrument executed by a majority of the participating local
BOARD OF CO~..... Y COMMISSIONERS
OF MONROE TY, FLORIDA
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Approved as to form and legal sufficiency
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ATTEST: VILLAGE CLERK
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ATTEST: CITY CLERK
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Approved as to form and legal sufficiency
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Approved as to form and legal sufficiency
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Compliance Review Board
VILLAGE COUNCIL OF ISLAMORADA,
VILLAGE OF ISLANDS, FLORIDA
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Date 6(2 ffiacr
By
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CITY COUNCIL O~A YTON, FLORIDA
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