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Item O5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 13, 2002 Division: County Attorney AGENDA ITEM WORDING: Approval of interlocal agreement with Islamorada, Layton, Key Colony Beach, and Marathon (Key West declined) for a Compliance Review Board, which the statutes require in order for a local government to enact technical amendments to the new Florida Building Code, ITEM BACKGROUND: FS 9553.73 requires local governments which want to pass more strict building standards than the Florida Building Code, to establish by interlocal agreement, a county-wide compliance review board to review any such amendment adopted by a local government when challenged by any substantially affected party for purposes of determining the amendment's c-ompliance with See. 553.73, FS, PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: BUDGETED: Yes 0 No 0 COST TO COUNTY: $5,000 maximum estimate. APPROVED BY: County Attorney _ OMB/Purchasing 0 Risk Management 0 DOCUMENTATION: Included 0 DIVISION DIRECTOR APPROVAL:6~2 ~. AGENDA ITEM # / - tt/~ BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 13, 2002 Division: County Attorney AGENDA ITEM WORDING: Approval of interlocal agreement with Islamorada, Layton, Key Colony Beach, and Marathon (Key West declined) for a Compliance Review Board, which the statutes require in order for a local government to enact technical amendments to the new Florida Building Code. ITEM BACKGROUND: FS ~553.73 requires local governments which want to pass more strict building standards than the Florida Building Code, to establish by interlocal agreement, a county-wide compliance review board to review any such amendment adopted by a local government when challenged by any substantially affected party for purposes of determining the amendment's Gompliance with See. 553.73, FS. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: BUDGETED: Yes 0 No 0 COST TO COUNTY: $5,000 maximum estimate. APPROVED BY: County Attorney -' OMB/Purchasing 0 Risk Management 0 ~ DIVISION DIRECTORAPPROVAL:O~' /~ ES H DR CK DOCUMENTATION: Included 0 0 Foubw X Not Required 0 AGENDA ITEM # /-Cb- COMPLIANCE REVIEW BOARD INTERLOCAL AGREEMENT This Interlocal Agreement is entered between Monroe County, Florida, and the Municipalities of Islamorada, Key Colony Beach, Key West, 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. County. Meetings shall be conducted in a location near the geographic center of Monroe 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 contlict 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. 2 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. (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. 3 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 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. 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. Venue for any litigation with respect to this agreement or action taken pursuant hereto shall be in Monroe County, Flofida. 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 governments. IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed on the date indicated below. 4 amendments to the provisions of this Interlocal Agreement by a written instrument executed by a majority of the participating local governments. IN WITNESS WHEREOF. each party to this Interlocal Agreement has caused it to be executed on the date indicated below. MONROE COUNTY. FLORIDA By: Mayor Attest: County Clerk County Atto 5 ANNE A. HUTTON DATE /1~ftJ~ Date VILLAGE OF ISLAMORADA. FLORIDA. By: Mayor Attest: Village Clerk 5 Approved as to form and legal sufficiency: Village Attorney Date: CITY OF KEY COLONY BEACH, FLORIDA By: Mayor Attest: City Clerk Approved as to form and legal sufficiency: City Attorney Date: CITY OF LAYTON, FLORIDA By. Mayor Attest: City Clerk Approved as to form and legal sufficiency: City Attorney Date 6 CITY OF MARATHON, FLORIDA By: Mayor Attest: City Clerk Approved as to form and legal sufficiency: City Attorney Date 59200l/Interlocal Agreement on Countywide Compliance Review Board 7 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 13, 2002 Division: County Attorney AGENDA ITEM WORDING: Approval of interlocaJ agreement with Islamorada, Layton, Key Colony Beach, and Marathon (Key West declined) for a Compliance Review Board, which the statutes require in order for a loc:al government to enact technical amendments to the new Florida Building Code. ITEM BACKGROUND: FS ~553.73 requires local governments which want to pass more strict building standards than the Florid(J Building Code, to establish by interlocal agreement, a county-wide compliance review board to review any such amendment adopted by a local government when challenged by any substantially affected party for purposes of determining the (Jmendment's ~ompliance with See. 553.73, FS. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: ApprovaL TOTAL COST: BUDGETED: Yes CJ No 0 COST TO COUNTY: $5/000 maximum estimate. APPROVED BY: County Attorney - OMB/Purchasing n Risk Management 0 DIVISION DIII.ECTOII. APPROVAL'C)~~~ ES J{; H DR. CK DOCUMENTATION: Included 0 L:ro Folfuw X Not Required 0 AGENDA ITEM # /-~- 8/t 3~\td StS8~6~S08'aI 3JlddO ^~~\t ^~NnOJ 30~NOW'WO~d ~t,~t ~0-80-83d COMPLIANCE REVIEW BOARD INTERLOCAL AGREEMENT This Interlocal Agreement is entered between Monroe County, Florida" and the Municipalities of Islamorada, Key Colony Beach, Key West, 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 detennining 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 lnterlocal 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 Buil~ing 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 detennine 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. B/C: 3~'dd 81S8C:SC:S08'aI 3JlddO ^~~'d ^~NnOJ 30~NOW'WO~d ~1'~1 C:0-B0-83d 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-chait, 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 ofthe Board, C. County. Meetings shall be conducted in a location near the geographic center of Monroe Section 5. Quorum. A majority of the members of the Board shaH 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. 2 8/8 3:J\td 8tS8~S~S08'aI 3JIddO ^~~\t ^~NnOJ 30~NOW'WO~d 8t'vt ~0-80-83d 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. (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; (lii) that the additional requirements may not introduce a new subject not addressed in the Florida Building Code. 3 8/17 3~'dd StS8~6~s0t'aI 3JIddO ^~~'d ^~NnOJ 30~NOW'WO~d 8t't7t ~0-80-83d 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 detennines 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 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 lnterlocal 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 lnterIocal 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 Interlocal Agreement shall be binding upon and inure to the benefit of the respective parties. C. This InterIocal 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 Intetlocal 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 lnterlocal Agreement by a written instrument executed by a majority of the participating local governments. IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed on the date indicated below, 4 8/5 3:J'a'd 8158~6~508'aI 3~IddO ^~~'a' ^~NnO~ 30~NOW'WO~d 81'pl ~0-80-83d amendments to the provisions of this Interlocal Agreement by a written instrument executed by a majority of the participating local governments. IN WITNESS WHEREOF, each party to this Interlocal Agreement has caused it to be executed on the date indicated below. MONROE COUNTY, FLORIDA By: Mayor Attest: County Clerk County Atto ANNE A, HUTTON II~ '//)'1.- Date VILLAGE OF ISLAMORADA, FLORIDA, By: Mayor Attest: Village Clerk 5 8/8 3~'dd - 81S8~6~S08'aI 3JIddO ^~~'d ^~NnOJ 30~NOW'WO~d 61'pl ~0-80-83d Approved as to fonn and legal sufficiency: Village Attorney Date: CITY OF KEY COLONY BEACH, FLORIDA By: Mayor Attest: City Clerk Approved as to form and legal sufficiency: City Attomey Date: CITY OF LAYTON, FLORIDA By. Mayor Attest: City Clerk Approved as to fonn and legal sufficiency: City Attomey Date 6 8/1. 3~'dd St58~S~508'aI 3~IddO ^~~'d ^~NnO~ 30~NOW'WO~d St,~t ~0-80-83d CITY OF MARATHON, FLORIDA By: Mayor Attest: City Clerk Approved as to fonn and legal sufficiency: City Attorney Date 592001llnterlocal Agreement on Countywide Compliance Review Board 7 a/a 3~'o'd 8198~6~908'aI 3~IddO ^~~'o' ^~NnO~ 30~NOW'WO~d 61'vl ~0-a0-83d