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Item B05 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 20,2001 Division: Growth Management Bulk Item: Y es ~ No Department: Building Department AGENDA ITEM WORDING: Approval of an Interlocal Agreement to establish a countywide Building Code Compliance Review Board. ITEM BACKGROUND: This Interlocal Agreement establishes a Building Code Compliance Review Board with the power, jurisdiction and authority to review challenges to locally adopted amendments to the Florida Building Code by substantially affected parties, to determine the amendments compliance with Section 555.73, Florida Statutes. The Board shall consist of one member appointed by the governing body of each participating jurisdiction. PREVIOUS REVELANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A ST AFF RECOMMENDATIONS: Approval TOT AL COST: Minimal BUDGETED: Yes NoL COST TO COUNTY: Minimal REVENUE PRODUCING: Yes No X- AMOUNTPERMONTH_ Year APPROVED BY: County Atty X- OMB/Purchasing _ Risk Management _ DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # J ---230 Revised 2/27/01 COMPUANCE REVIEW BOARD INTERLOCAL AGREEMENT THIS INTERlOCAl AGREEMENT is entered between Monroe County, Florida, and the Munidpality of Islamorada, 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 January 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 intertocal agreement, a county-wide 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 553.73, Florida Statutes; and WHEREAS, the parties to this agreement, constituting one or more local governments within Monroe County, Florida, and Monroe County 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. Incol'DOration 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 one (1) member appointed from and by each local government which is a party to this Interlocal Agreement. Membership upon the BCdrd shall be expanded to indude one (1) member from and by each local government which hereafter enters into this Interlocal Agreement, subject to the provisions hereof. C. Each member's term shall be for a period of three (3) years. D. Each participating local government shall appoint a member who resides within the boundaries of the respective local government, and has to the greatest extent possible, knowledge and expertise In building construction, fire safety standards and construction codes. E. The Board shall elect it 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 government and shall be pursuant to that government's rules. Section 3. AdoDtion 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. C. Meetings shall be conducted in a centrally located place. Section 4. Ouorum. A majority of the active members of the Board shall constitute a quorum, and 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, or appears to be, 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 5. 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: (i) Petitions for hearings shall include identification of the petitioner, statement of the local technical amendment challenged, notice to county or city attorney of filing petition, an explr..nation of how the petitioner's substantial interests are or will be affected by the amendment, and a statement of the relief sought. (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 r~liable. 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. (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 purposes of determining the amendment's compliance with Section 553.73(4), Florida Statutes. To wit: 1) that local conditions justify more stringent requirements than those specified in the Florida Building Code for the protection of life and property; 2) that the additional requirements are not discriminatory against materials, products or instruction techniques of demonstrated capabilities; 3) that the additional requirements may introduce a new subject not addressed in the Florida Building Code. Section 6. ADDeals. 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 7. Withdrawal from ParticiDation 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 Aareement. Any other local government within Monroe County, Florida, may become a party to this Interlocal Agreement by executing a 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 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. This Agreement shall be binding upon and inure to the benefit of the respective parties. C. This 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 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 in writing herein shall make amendments to or waivers of the provisions. IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed on the date indicated below. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman Date (SEAL) ATTEST: VILLAGE CLERK ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA By By Deputy Clerk Mayor Date