HomeMy WebLinkAboutCity of Tamarac Resolution R-99-1171
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Temp. Reso #8469
April 30, 1999
Page 1
Rev # 1—05/05/99
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99- // 7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN BROWARD COUNTY AND THE
CITY OF TAMARAC PROVIDING FOR HEARINGS BY THE
BROWARD COUNTY MINIMUM HOUSING/UNSAFE
STRUCTURES BOARD AT A COST OF $150.00 PER
NOTICED CASE PLUS ASSOCIATED COSTS; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac is desirous to maintain the quality of life for the
citizens of Tamarac and unsightly partially destroyed buildings is a detriment to this goal;
and
WHEREAS, in the event a property owner does not repair or demolish his
building within a specified time given by the Building Official; only the Unsafe Structures
Board has the authority to affirm the decision of the Building Official to have the building
repaired or demolished; and
Temp. Reso #8469
April 30, 1999
Page 2
Rev # 1—05/05/99
WHEREAS, the Building Official recommends that the city execute an interlocal
agreement with Broward County, attached hereto as Exhibit 1; and
WHEREAS, Broward County offers this service at a nominal fee to all Broward
County municipalities; said fees are recoverable when appropriate liens and foreclosure
of the property takes place; and
WHEREAS, representatives of the County and the City of Tamarac have
negotiated means and method to accomplish the objectives of providing Hearings by
the Broward County Minimum Housing/Unsafe Structures Board by execution of this
Interlocal Agreement, which, by its terms, shall provide for certain monetary payments
from the City of Tamarac to the County and;
WHEREAS, available funds exist in the General Fund budget for said purpose;
and where all funds expended are recoverable as provided in South Florida Building
Code, Section 202.11, attached hereto as Exhibit 2; and
Temp. Reso #8469
April 30, 1999
Page 3
Rev # 1—05/05/99
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to authorize the
appropriate City officials to execute an Interlocal Agreement with the County regarding the
provision of Hearings by the Broward County Minimum Housing/Unsafe Structures Board
for real property located in the City of Tamarac.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The appropriate City Officials are authorized to execute the attached
Interlocal Agreement between the City of Tamarac and Broward County for the provision
of Hearings by the Broward County Minimum Housing/Unsafe Structures Board for real
property located in the City of Tamarac (attached hereto as "Exhibit 1 ") at a cost of $150.00
per Noticed Case plus associated costs.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
C
J
Temp. Reso #8469
April 30, 1999
Page 4
Rev # 1—05/05/99
SECTION 4: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this/A day of
A:
CAROL GOLD MC/AAE
City Clerk
I H=rov
Y CTIFY that I
apthi ESOLUTIC
ITCHELL S.
ity Attorney
SCHREIBER
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1999.
11
RECORD OF COMMISSION
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MAYOR
SCHREIBER
to form. DIET 1:
COMM.
DIST 2:
V/M MISHKIN
DIST 3:
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DIST 4:
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CHAPTER 2 EXHIBIT "2"
ORGANIZATION AND ENFORCEMENT Temp Reso #8469
201 BUILDING OFFICIAL, ASSISTANT BUILDING OFFICIALS,
CHIEF INSPECTORS, PLANS EXAMINERS, AND INSPECTORS
202 UNSAFE BUILDINGS ,
203 BOARD OF RULES AND APPEALS
204 ALTERNATE MATERIALS AND TYPES OF CONSTRUCTION
205 VIOLATION AND PENALTIES
206 AMENDMENTS
201 BUILDING OFFICIAL, ASSISTANT BUILDING OFFICIAL,
CHIEF INSPECTORS, PLANS EXAMINERS, AND INSPECTORS
201.1 BUILDING OFFICIAL as set forth herein:
201.2 APPOINTMENT, POWERS AND DUTIES OF A BUILDING OFFICIAL: There shall be appointed
by the appointing authority a person qualified as set forth in Section 201.8 to serve as Building Official. The
Building Official shall be the principal enforcing officer of this Code. In the event that the Building Official
is not available to perform his/her duties, the appointing authority shall appoint an Interim Building Official
provided such person is qualified as set forth in Section 201.8 of this Code, and further provided that the Board
of Rules and Appeals is notified in writing by the Building Official of the starting date and period of time that
the Interim Building Official will assume the Building Official's duties. The name of the Interim Building
Official will be recorded by the Board of Rules and Appeals, but he/she will not be issued a certification card
as a Building Official. If there is one Inspector hired by an inspection authority, that Inspector shall be a
Building Official. It shall be his duty and responsibility to supervise and coordinate the work of all subordinate
Assistant Building Officials, Chief Inspectors, Plans Examiners and Inspectors.
201.3 POWERS OF BUILDING OFFICIAL: The Building Official shall be subject to the powers vested in
the Board of Rules and Appeals as set forth in Section 203 of this Code. The Building Official shall delegate
powers, duties and assignments to certified Chief Inspectors to interpret the provisions of this Code in categories
in which the Building Official is not certified.
201.4 RIGHT OF ENTRY: Upon presentation of proper credentials, the Building Official or his/her duly
authorized representative may enter, at any reasonable time, any Building, structure or premises for the purpose
of inspection or to prevent violation of this Code.
201.5 STOP -WORK ORDERS: Whenever any Building work is being done contrary to the provisions of this
Code or is being done in an unsafe or dangerous manner, the Building Official or his/her duly authorized
representative may order such work stopped, or may order the person or persons engaged in the doing or causing
of such work to be done and such persons shall immediately stop such work until arrangements, in compliance
with the provisions of this Code and satisfactory to the Building Official or his/her duly authorized
representatives have been made, at which time he/she may authorize the work to proceed.
201.6 CONCEALED WORK: The Building Official or his/her duly authorized representative may order
portions of the structural frame of a building and/or structure to be exposed for inspection when in his/her
opinion there are good reasons to believe that a building or portion thereof is in an unsafe or dangerous condition
or that there is willful or negligent concealment of a violation of this Code.
201.7 OCCUPANCY: Whenever any building or portion thereof is being used or occupied contrary to the
provisions of this Code, the Building Official or his/her duly authorized representative shall order such use or
occupancy discontinued and the building or portion thereof vacated. Such order shall be by notice, in writing,
served on the person or persons using or causing to be used such building or portion thereof. Within a reasonable
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period of time after receipt of such notice or order, such building or portion thereof shall be made to comply
with the requirements of this Code; however, in the event of an emergency, Sub -section 202.5 shall apply.
201.8 CERTIFICATION OF BUILDING OFFICIAL: To be eligible for appointment as a Building Official,
such person shall be certified as required by the State of Florida, Building Code Administrators and Inspectors
Board (BCIA) as a Building Code Administrator. Such person shall be certified by the Board of Rules and
Appeals and shall meet one or more of the following qualifications.
(a) A Florida Registered Architect or Registered Professional Engineer in the discipline requested and
having practiced within the jurisdiction of this Code for at least three (3) years; or:
(b) e'en (10) years experience as a General Contractor, five (5) years of which shall have been construction
experience within the jurisdiction of this Code; or:
(c) Five (5) years experience as a Chief Electrical Inspector, Chief Mechanical Inspector, Chief Plumbing
Inspector or Chief Structural Inspector three (3) years of which shall have been within the jurisdiction of this
Code.
(d) An applicant for Certification as Building Official under the provisions of this section who is a graduate
from an accredited school holding a Bachelor or Associate of Sc:ic►ic;e Degree _n Engineering, Architecture or
Building Construction may be credited for three (3) years for Bachelor Degree or one (1) year -
Degree of the required ten-year experience for each of the disciplines as listed below.
(e) Each of the applicants shall possess a current Certificate of Competency issued by one of the following:
Florida Construction Industry Licensing Board.
i Broward County Central Examining Board of Building Construction Trades. (as Class "A"
Unlimited General Contractor)
i Dade County Construction Trades Qualifying Board, Block proctored, issued on or after January •
1, 1968.
Any other proctored examination graded by an independent testing agency approved by the
Broward County Board of Rules and Appeals.
201.9 ASSISTANT BUILDING OFFICIAL as set forth herein: To be eligible for appointment as an Assistant
Building Official, such person shall be certified by the Board of Rules and Appeals and shall meet the
qualifications equal to the requirement for Building Official.
201.10 DUTIES AND POWERS OF ASSISTANT BUILDING OFFICIAL: The Assistant Building Official
shall be responsible for duties as assigned by the Building Official. The Assistant Building Official shall fulfill
the duties of the Building Official during the absence of the Building Official with full responsibilities of the
position.
201.11 CHIEF STRUCTURAL INSPECTOR OR STRUCTURAL PLANS EXAMINER as set forth
herein:
201.12 APPOINTMENT AND DUTIES OF A CHIEF STRUCTURAL INSPECTOR: There shall be
appointed by the appointing authority a person qualified as set forth in Section 201 to serve as a Chief Structural
Inspector. It shall be his/her duty and responsibility to supervise and coordinate the work of all subordinate
Structural Plans Examiners, Roofing Inspectors and Structural Inspectors.
201.13 POWERS OF CHIEF STRUCTURAL INSPECTOR: The Chief Structural Inspector shall be subject
to the powers vested in the Board of Rules and Appeals as set forth in Section 203 of this Code. The Chief
Structural Inspector shall have the power to delegate powers, duties and assignments to subordinate regular
employees working under his/her authority, but only to those employees certified by the Board of Rules and <,
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Appeals as qualified to perform such powers, duties and assignments. The Chief Structural Inspector may not
delegate authority to subordinate employees to interpret the provisions of this Code.
201.14 STRUCTURAL PLANS EXAMINER: To be eligible for appointment as an Structural Plans
• Examiner, such person shall be certified by the Board of Rules and Appeals and shall meet the qualifications
equal to the requirement for Chief Structural Inspector.
201.15 DUTIES AND POWERS OF STRUCTURAL PLANS EXAMINER: The Structural Plans Examiner
shall be responsible for duties as assigned by the Chief Structural Inspector. The Structural Plans Examiner shall
fulfill the duties of the Chief Structural Inspector during the absence of the Chief Structural Inspector with full
responsibilities of the position.
201.16 CERTIFICATION OF CHIEF STRUCTURAL INSPECTOR OR STRUCTURAL PLANS
EXAMINER: To be eligible for appointment as a Chief Structural Inspector or Structural Plans Examiner, such
person shall be certified by the State of Florida, Building Code Administrators and Inspectors Board (BCIA)
as a (Structural) Plans Examiner. (Exception: Florida Registered Architects and Florida Registered
Engineers are exempt from BCIA certification only.). Such person shall be certified by the Board of Rules
and Appeals and shall meet one or more of the following qualifications.
(a) A Florida Registered Architect or Registered Professional Engineer in the discipline requested and
having practiced within the jurisdiction of this Code for at least three (3) years and two (2) years as a structural
inspector under the jurisdiction of this code; or
(b) Ten (10) years experience as a licensed General Contractor (Unlimited), five (5) years of which shall
have been construction experience in the Structural discipline within the jurisdiction of this Code, and two (2)
years as a structural inspector under the jurisdiction of this code; or:
(c) Five (5) years experience as Chief Structural Inspector, Structural Plans Examiner or Structural Inspector
three (3) years of which shall have been within the jurisdiction of this Code.
(d) An applicant for Certification as a Chief Structural Inspector or Structural Plans Examiner under the
provisions of this section who is a graduate from an accredited school holding a Bachelor or Associate of
Science Degree in Engineering, Architecture or Building Construction may be credited for three (3) years for
Bachelor Degree or one (1) year for an Associate Degree of the required ten-year experience for the Structural
discipline as listed below.
(e) Each of the applicants shall possess a current Certificate of Competency as a General Contractor
(Unlimited) issued by:
Florida Construction Industry Licensing Board.
i Broward County Central Examining Board of Building Construction Trades (as Class "A"
Unlimited General Contractor).
Dade County Construction Trades Qualifying Board, Block proctored, issued on or after January
1, 1968.
Any other proctored examination graded by an independent testing agency approved by the
Broward County Board of Rules and Appeals.
201.17 STRUCTURAL INSPECTOR as set forth herein:
(a) A Structural Inspector, if properly qualified, may be certified and assigned duties in more than one
category.
(b) Such employee shall have the duties and powers as delegated by the Chief Structural Inspector except
that the Chief or Head of the Division or Department of Structural Plan Examiners, Roofing Inspectors a
Structural Inspectors may not delegate authority to subordinates to interpret provisions of this Code. and
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201.18 CERTIFICATION OF STRUCTURAL INSPECTOR: To be eligible for appointment as a Structural
Inspector, such person shall be certified by the State of Florida, Building Code Administrators and Inspectors
Board (BCIA) as a (Structural) Inspector. (Exception: Florida Registered Architects and Florida Registered
Engineers are exempt from BCIA certification only.) Such person shall be certified by the Board of Rules
and Appeals and shall meet one or more of the following:
(a) A Florida Registered Architect or Registered Professional Engineer in the discipline requested and
having practiced within the jurisdiction of this Code for at least two (2) years; or
(b) Five (5) years construction experience in the Structural discipline in a supervisory capacity of which
at least two (2) years shall have been within the jurisdiction of this Code.
(c) An applicant for Certification as Building Structural Inspector under the provisions of this section who
is a graduate from an accredited school holding a Bachelor or Associate of Science Degree in Engineering,
Architecture or Building Construction may be credited for three (3) years for Bachelor Degree or one (1) year
for an Associate Degree of the required five-year experience. Each of the applicants shall possess a current
Certificate of Competency as a General Contractor (Unlimited) issued by:
Florida Construction Industry Licensing Board
% Broward County Central Examining Board of Building Construction Trades (as Class "A"
Unlimited General Contractor).
Dade County Construction Trades Qualifying Board, Block proctored, issued on or after January
1, 1968
Any other proctored examination graded by an independent testing agency approved by the
Broward County Board of Rules and Appeals. A&
201.19 ROOFING INSPECTOR as set forth herein:
(a) A Roofing Inspector, if properly certified, may be assigned to perform Roofing Inspections and such
other duties as delegated by the Chief Structural Inspector.
(b) Certified Structural Inspectors may be assigned duties as a Roofing Inspector.
201.20 CERTIFICATION OF ROOFING INSPECTOR: To be eligible for appointment as a Roofing
Inspector, Such person shall be certified by the Building Code Administrators and Inspectors Board (BCIA) as
a (Roofing) or (Structural) Inspector (Exception: Florida Registered Architects and Florida Registered
Engineers are exempt from BCIA certification only.) Such person shall be certified by the Board of Rules
and Appeals and shall meet one or more of the following qualifications:
(a) A Florida Registered Architect or Registered Professional Engineer in the discipline requested having
roofing expertise and having practiced within the jurisdiction of this Code for at least two (2) years: or
(b) Five (5) years construction experience in the Roofing discipline and expertise of which at least two (2)
years shall have been within the jurisdiction of this Code; or
(c) An applicant for Certification as Roofing Inspector under the provisions of this section who is a graduate
from an accredited school holding a Bachelor or Associate of Science Degree in engineering, architecture or
building construction may be credited for three (3) years for Bachelor Degree or one (1) year for an Associate
Degree of the required five-year experience.
(d) Each of the applicants shall possess a current Certificate of Competency as a General Contractor
(Unlimited) or a Roofing Contractor issued by: •
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Florida Construction Industry Licensing Board.
Broward'County Central Examining Board of Building Construction Trades (as Class "A"
Unlimited General Contractor) or Roofing Contractor.
Dade County Construction Trades Qualifying Board, Block proctored, issued on or after January
1, 1968.
Any other proctored examination graded by an independent testing agency approved by the
Broward County Board of Rules and Appeals.
201.21 CHIEF ELECTRICAL INSPECTOR OR ELECTRICAL PLANS EXAMINER as set forth herein:
201.22 APPOINTMENT AND DUTIES OF A CHIEF ELECTRICAL INSPECTOR: There shall be
appointed by the appointing authority a person qualified as set forth in Section 201 to serve as Chief Electrical
Inspector. It shall be his/her duty and responsibility to supervise and coordinate the work of all subordinate
Electrical Plans Examiners and Electrical Inspectors.
----- 201.23 POWERS OF CHIEF ELECTRICAL INSPECTOR: The Chief Electrical Inspector shall be subject
to the power vested in the Board of Rules and Appeals as set forth in Section 203 of this Code. The Chief
Electrical Inspector shall have the power to delegate powers, duties and assignments to subordinate regular
employees working under his/her authority, but only to those employees certified by the Board of Rules and
Appeals as qualified to perform such powers, duties and assignments. The Chief Electrical Inspector may not
delegate authority to subordinate employees to interpret the provisions of this Code.
201.24 ELECTRICAL PLANS EXAMINER To be eligible for appointment as an Electrical Plans Examiner,
such person shall be certified by the Board of Rules and Appeals and shall meet the qualifications equal to the
requirement for Chief Electrical Inspector.
10) 201.25 DUTIES AND POWERS OF ELECTRICAL PLANS EXAMINER: The Electrical Plans Examiner
shall be responsible for duties as assigned by the Chief Electrical Inspector. The Electrical Plans Examiner shall
fulfill the duties of the Chief Electrical Inspector during the absence of the Chief Electrical Inspector with full
responsibilities of the position.
201.26 CERTIFICATION OF CHIEF ELECTRICAL INSPECTOR OR ELECTRICAL PLANS
EAMINER: To be eligible for appointment as a Chief Electrical Inspector or Electrical Plans Examiner, such
person shall be certified by the Building Code Administrators and Inspectors Board (BCIA) as a (Electrical)
Plans Examiner. (Exception: Florida Registered Architects and Florida Registered Engineers are exempt
from BCIA Certification only.) Such person shall be certified by the Board of Rules and Appeals and shall
meet one or more of the following qualifications:
(a) A Florida Registered Professional Engineer in the discipline requested -and having practiced within the
jurisdiction of this Code for at least three (3) years, and two (2) years as an Electrical Inspector under the
jurisdiction of this Code; or
(b) Ten (10) years experience as a Master Electrician/Electrical Contractor or Journeyman Electrician, five
(5) years of which shall have been construction experience in the electrical discipline within the jurisdiction
of this Code including two (2) years as an Electrical Inspector; or
(c) Five (5) years as Chief Electrical Inspector, Electrical Plans Examiner or Electrical Inspector. three (3)
years of construction experience in the Electrical discipline which shall have been within the jurisdiction of this
Code.
(d) An applicant for Certification as a Chief Electrical Inspector or Electrical Plans Examiner under the
provisions of this section who is a graduate from an accredited school holding a Bachelor or Associate of
Science Degree in Engineering, Architecture or Building Construction may be credited for three (3) years for
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Bachelor Degree or one year for an Associate Degree of the required ten-ycar experience for the Electrical
discipline as listed below..:
(e) Each of the applicants shall possess a current Certificate of Competency as a Master Electrician/Electrical •
Contractor issued by:
➢ Florida Electrical Contractors Licensing Board.
Broward County Central Examining Board of Electricians.
i Dade County Construction Trades Qualifying Board, Block proctored, issued on or after January
1, 1968.
i Any other proctored examination graded by an independent testing agency approved by the
Broward County Board of Rules and Appeals.
201.27 ELECTRICAL INSPECTOR as set forth herein:
(a) An Electrical Inspector, if properly qualified, may be certified and assigned duties it �i ere
category.
(b) Such employee shall have the duties and powers as delegated r. a � hief Electrical Inspector except
that the Chief or Head of the Division or Department of Electrical Plans Examiners and Electrical Inspectors
may not delegate authority to subordinates to interpret provisions of this Code.
201.28 CERTIFICATION OF ELECTRICAL INSPECTOR: To be eligible for appointment as a Electrical
Inspector, such person shall be certified by the State of Florida, Building Code Administrators and Inspectors
Board (BCIA) as an (Electrical) Inspector. Such person shall be certified by the Board of Rules and Appeals
and shall meet one or more of the following qualifications: (Exception: Florida Registered Architects and
Florida Registered Engineers are exempt from (BCIA) certification only.)
(a) A Florida Registered Professional Engineer in the discipline requested and having practiced within the
jurisdiction of this Code for at least three (3) years. or
(b) Five (5) years construction experience in the electrical discipline in a supervisory capacity of which at
least two (2) years shall have been within the jurisdiction of this Code.
(c) An applicant for Certification as an Electrical Inspector under the provisions of this section who is a
graduate from an accredited school holding a Bachelor or Associate of Science Degree in Engineering,
Architecture or Building Construction may be credited for three (3) years for Bachelor Degree or one (1) year
for an Associate Degree of the required five-year experience. Each of the applicants shall possess a current
Certification of Competency as a Master Electrician/Electrical Contractor issued by:
Florida Electrical Contractors Licensing Board.
Broward County Central Examining Board of Electricians.
i Dade County Construction Trades Qualifying Board, Block proctored, issued on or after January
1, 1968.
i Any other proctored examination graded by an independent testing agency approved by the
Broward County Board of Rules and Appeals.
201.29 CHIEF PLUMBING INSPECTOR OR PLUMBING PLANS EXAMINER as set forth herein:
201.30 APPOINTMENT AND DUTIES OF A CHIEF PLUMBING INSPECTOR: There shall be appointed
by the appointing authority a person qualified as set forth in Section 201 to serve as Chief Plumbing Inspector.•
It shall be his/her duty and responsibility to supervise and coordinate the work of all subordinate Plumbing Plans
Examiners or Plumbing Inspectors.
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201.31 POWERS OF CHIEF PLUMBING INSPECTOR: The Chief Plumbing Inspector shall be subject
to the power vested in the Board of Rules and Appeals as set forth in Section 203 of this Code. The Chief
Plumbing Inspector shall have the power to delegate powers, duties and assignments to subordinate regular
employees working under his/her authority, but only to those employees certified by the Board of Rules and
Appeals as qualified to perform such powers, duties and assignments. The Chief Plumbing Inspector may not
delegate authority to subordinate employees to interpret the provisions of this Code.
201.32 PLUMBING PLANS EXAMINERS: To be eligible for appointment as an Plumbing Plans Examiner,
such person shall be certified by the Board of Rules and Appeals and shall meet the qualifications equal to the
requirement for Chief Plumbing Inspector.
,201.33 DUTIES AND POWERS OF PLUMBING PLANS EXAMINER: The Plumbing Plans Examiner
shall be responsible for duties as assigned by the Chief Plumbing Inspector. The Plumbing Plans Examiner shall
fulfill the duties of the Chief Plumbing Inspector during the absence of the Chief Plumbing Inspector with full
responsibilities of the position.
201.34 CERTIFICATION OF CHIEF PLUMBING INSPECTOR OR PLUMBING PLANS EXAMINER:
To be eligible for appointment as a Chief Plumbing Inspector or Plumbing Plans Examiner, such person shall
be certified by the State of Florida, Building Code Administrators and Inspectors Board (BCIA) as a (Plumbing)
Plans Examiner. (Exception: Florida Registered Architects and Florida Registered Engineers are exempt
from BCIA certification only.) Such person shall be certified by the Board of Rules and Appeals and shall
meet one or more of the following qualifications.
(a) A Florida Registered Professional Engineer in the discipline requested and having practiced within the
jurisdiction of this Code for at least three (3) years and two (2) years as a Plumbing Inspector under the
jurisdiction of this Code; or
(b) Ten (10) years experience as a Master Plumber/Plumbing Contractor or Journeyman Plumber, five (5)
years of construction experience in the Plumbing discipline which shall have been within the jurisdiction of this
Code and include two (2) years as a Plumbing Inspector. or
(c) Five (5) years experience as Chief Plumbing Inspector, Plumbing Plans Examiner or Plumbing Inspector,
three (3) years of construction experience in the Plumbing discipline which shall have been within the
jurisdiction of this Code.
(d) An applicant for Certification as a Chief Plumbing Inspector or Plumbing Plans Examiner under the
provisions of this section who is a graduate from an accredited school holding a Bachelor or Associate of
Science Degree in Engineering, Architecture or Building Construction may be credited for three (3) years for
Bachelor Degree or one (1) year for an Associate Degree of the required ten-year experience for the Plumbing
discipline.
(e) Each of the applicants shall possess a current Certificate of Competency as a Master Plumber/Plumbing
Contractor issued by:
Florida Construction Industry Licensing Board.
Broward County Central Examining Board of Plumbers.
Dade County Construction Trades Qualifying Board. Block proctored, issued on or after January
1, 1968.
Any other proctored examination graded by an independent testing agency approved by the
Broward County Board of Rules and Appeals.
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201.35 PLUMBING INSPECTOR as set forth herein:
(a) A Plumbing Inspector, if properly qualified, may be certified and assigned duties in more than one
category.
(b) Such employee shall have the duties and powers as delegated by the Chief Plumbing Inspector exceo
that the Chief or Head of the Division or Department of Plumbing Plans Examiners and Plumbing Inspectors
may not delegate authority to subordinates to interpret provisions of this Code.
201.36 CERTIFICATION OF PLUMBING INSPECTOR: To be eligible for appointment as a Plumbing
Inspector, Such person shall be certified by the State of Florida Building Code Administrators and Inspectors
Board (BCIA) as a (Plumbing) Inspector. Such person shall be certified by the Board of Rules and Appeals
and shall meet one or more of the following qualifications: (Exception: Florida Registered Architects and
Florida Registered Engineers are exempt from (BCIA) certification only.)
(a) A Florida Registered Professional Engineer in the discipline requested and having practiced within the
jurisdiction of this Code for at least three (3) years; or
(b) Five (5) years construction experience in the plumbing discipline in a supervisory capacity of which at
least two (2) years shall have been within the jurisdiction of this Code; or:
(c) An applicant for Certification as Plumbing Inspector under the provisions of this section who is a
graduate from an accredited school holding a Bachelor or Associate of Science Degree in Engineering,
Architecture or Building Construction may be credited for three (3) years for Bachelor Degree or one (1) year
for an Associate Degree of the required five-year experience.
(d) Each of the applicants shall possess a current Certificate of Competency as a Master Plumber/Plumber
Contractor issued by:
Florida Construction Industry Licensing Board.
Broward County Central Examining Board of Plumbers. •
Dade County Construction Trades Qualifying Board, Block proctored, issued on or after January
1, 1968.
Any other proctored examination graded by an independent testing agency approved by the
Broward County Board of Rules and Appeals.
201.37 CHIEF MECHANICAL INSPECTOR OR MECHANICAL PLANS EXAMINER as set forth
herein:
201.38 APPOINTMENT AND DUTIES OF A CHIEF MECHANICAL INSPECTOR: There shall be
appointed by the appointing authority a person qualified as set forth in Section 201 to serve as Chief Mechanical
Inspector. It shall be his/her duty and responsibility to supervise and coordinate the work of all subordinate
Mechanical Plans Examiners and Mechanical Inspectors.
201.39 POWERS OF CHIEF MECHANICAL INSPECTOR: The Chief Mechanical Inspector shall be
subject to the powers vested in the Board of Rules and Appeals as set forth in Section 203 of this Code. The
Chief Mechanical Inspector shall have the power to delegate powers, duties and assignments to subordinate
regular employees working under his/her authority, but only to those employees certified by the Board of Rules
and Appeals as qualified to perform such powers, duties and assignments. The Chief Mechanical Inspector may
not delegate authority to subordinate employees to interpret the provisions of this Code.
201.40 MECHANICAL PLANS EXAMINER: To be eligible for appointment as an Mechanical Plans
Examiner, such person shall be certified by the Board of Rules and Appeals and shall meet the qualificatior�
equal to the requirement for Chief Mechanical Inspector.
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201.41 DUTIES AND POWERS OF MECHANICAL PLANS EXAMINER: The Mechanical Plans
Examiner shall be responsible for duties as assigned by the Chief Mechanical Inspector. The Mechanical Plans
Examiner shall fulfillthe duties of the Chief Mechanical Inspector during the absence of the Chief Mechanical
Inspector with full responsibilities of the position.
201.42 CERTIFICATION OF CHIEF MECHANICAL INSPECTOR OR MECHANICAL PLANS
EXAMINER: To be eligible for appointment as a Chief Mechanical Inspector or Mechanical Plans Examiner,
such person shall be certified by the State of Florida, Building Code Administrators and Inspectors Board
(BCIA) as a (Mechanical) Plans Examiner. (Exception: Florida Registered Architects and Florida
Registered Engineers are exempt from BCIA certification only.) Such person shall be certified by the Board
of Rules and Appeals and shall meet one or more of the following qualifications:
(a) A Florida Registered Professional Engineer in the discipline requested and having practiced within the
jurisdiction of this Code for at least three (3) years, and two (2) years as a Mechanical Inspector under the
jurisdiction of this Code; or
(b) Ten (10) years experience as a Mechanical Contractor, Class A Air Conditioning Contractor or
Journeyman, five (5) years of construction experience in the Mechanical discipline which shall have been within
the jurisdiction of this Code and include two (2) years as a Mechanical Inspector; or
(c) Five (5) years experience as a Chief Mechanical Inspector, Mechanical Plans Examiner or Mechanical
Inspector, three (3) years of construction experience in the Mechanical discipline which shall have been within
the jurisdiction of this Code.
(d) An applicant for Certification as a Chief Mechanical Inspector or Mechanical Plans Examiner under the
provisions of this section who is a graduate from an accredited school holding a Bachelor or Associate of
Science Degree in Engineering, Architecture or Building Construction may be credited for three (3) years for
Bachelor Degree or one (1) year for an Associate Degree of the required ten-year experience for the Mechanical
discipline as listed below.
�. (e) Each of the applicants shall possess a current Certificate of Competency as a Mechanical Contractor or
Class "A" Air Conditioning Contractor issued by:
i Florida Construction Industry Licensing Board.
Broward County Central Examining Board of Mechanical Contractors and Specialty Mechanical
Contractors.
Dade County Construction Trades Qualifying Board, Block proctored, issued on or after January
1, 1968.
i Any other proctored examination graded by an independent- testing agency approved by the
Broward County Board of Rules and Appeals.
201.43 MECHANICAL INSPECTOR as set forth herein:
(a) A Mechanical Inspector, if properly qualified, may be certified and assigned duties in more than one
category.
(b) Such employee shall have the duties and powers as delegated by the Chief Mechanical Inspector except
that the Chief or Head of the Division or Department of Mechanical Plans Examiners and Mechanical Inspectors
may not delegate authority to subordinates to interpret provisions of this Code.
201.44 CERTIFICATION OF MECHANICAL INSPECTOR: To be eligible for appointment as a
Mechanical Inspector such person shall be certified by the State of Florida, Building Code Administrators and
Inspectors Board (BCIA) as a (Mechanical) Inspector. Such person shall be certified by the Board of Rules and
PAW
Appeals and shall meet one or more of the following qualifications: (Exception: Florida Registered Architects
and Florida Registered Engineers are exempt from BCIA certification only.)
(a) A Florida registered Professional Engineer in the discipline requested and having practiced within the
jurisdiction of this Code for at least three (3) years; or
(b) Five (5) years construction experience in the mechanical discipline in a supervisory capacity of which
at least two (2) years shall have been within the jurisdiction of this Code.
(c) An applicant for Certification as Mechanical Inspector under the provisions of this section who is a
graduate from an accredited school holding a Bachelor or Associate of Science Degree in Engineering,
Architeciure or Building Construction may be credited for three (3) years for Bachelor Degree or one (1) year
for att Associate Degree of the required five-year experience.
(d) Each of the applicants shall possess a current Certificate of Competency as a Mechanical Contractor or
Class A Air Conditioning Contractor issued by:
Florida Construction Industry Licensing Board.
Broward County Central Examining Board of Mechanical Contractors and Specialty
Mechanical Contractors.
Dade County Construction Trades Qualifying Board, Block proctored, issued on or after January
1, 1968.
Any other proctored examination graded by an independent testing agency approved by the
Broward County Board of Rules and Appeals.
201.45 CERTIFICATION:
(a) Only such persons as are examined and certified by the Board of Rules and Appeals may be appointed
or have the powers and duties of a Building Official, Assistant Building Official, Chief Inspector, Plans
Examiner or Inspector.
(b) The Board of Rules and Appeals, upon receiving notice from any source of abnormal Code violations
and upon verification of same, shall immediately notify the Building Official, Assistant Building Official, Chief
Inspector, Plans Examiner and the Inspector involved shall appear before the Board to explain why his/her
certification should not be revoked.
(c) When Building Departments fail to meet certification criteria, they will immediately be notified to cease
activities until such time as requirements as per Code are met.
(d) Application for certification shall contain such pertinent information as is considered relevant to the
Board of Rules and Appeals.
(e) Certification shall be for the calendar year of approval for initial employment and shall be renewed
biennially on January 1 st thereafter. When a Building Official, Assistant Building Official, Chief Inspector,
Plans Examiner or Inspector resigns from his/her position, he/she will be kept on the "inactive" list until he/she
again returns to work for a Building department, at which time he/she will be issued a new certification card,
at a renewal fee in the amount appropriate for each discipline according to The Board of Rules and Appeals Fee
Schedule for Certification."
(f) Applications for certification will not be considered unless accompanied by a written request from a
specific Building department and appropriate Certification by the State of Florida, Department of Business and
Professional Regulation, Building Code Administrators and Inspectors Board.
(g) Certification fee: each application shall be accompanied by a check in the amount appropriate for each •
discipline according to The Board of Rules and Appeals Fee Schedule for Certification, payable to "Broward
County Commissioners."
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(h) After application and review, the Board of Rules and Appeals may certify the applicant; den}
certification; or limit certification to a particular discipline.
(i) Certification may be withdrawn, rescinded or suspended if, upon investigation, it is found that the
10) certified person has failed to enforce the Code, abused the powers of office, or withheld or concealed
information on application which, if known to the Board of Rules and Appeals, may have been cause for
denying certification.
(j) Any person, whose certification has been denied, withdrawn or rescinded, may appeal to the Board of'
Rules and Appeals in open meeting and may produce witnesses and be represented by counsel in support of
his/her claim.
(k) Suspension of Certification Requirements: Upon Broward County being declared a Disaster Area, the
Chairperson of the Board of Rules and Appeals or designee may temporarily suspend the Broward County
certification requirements for all Certified by the State of Florida, Department of Business and Professional
Regulation, Building Code Administrators and Inspectors Board as Building Code Administrators, Plans
Examiners and Inspectors. The length of time that this suspension will be in effect will be for thirty (30)
calendar days. The Chairperson or designee may extend this period if conditions warrant. This temporary
suspension of the certification requirement shall not apply to an individual being hired on a permanent basis.
(1) The changes in requirements for Building Official, Chief Inspectors, Plans Examiners, and Inspectors
as a result of the adoption of this edition of the code only pertain to positions being filled after January 1. 1999.
201.46 RECERTIFICATION:
(a) To be recertified, all Building Officials, Assistant Building Officials, Chief Inspectors, Plans Examiners
and Inspectors who are presently certified by the Board of Rules and Appeals, shall meet the following criteria:
(1) Be currently certified by the Broward County Board of Rules and Appeals.
(2) Be presently employed by a governmental Building department within Broward County.
(3) All Building Officials, Assistant Building Officials, Chief Inspectors, Plans Examiners and
Inspectors, to be recertified shall obtain twenty four (24) contact hours within a two (2) consecutive calendar
year biennial renewal period by attending formal education courses, workshops, and seminars, any of which
shall be approved by the Broward County Board of Rules and Appeals, and be related to the individual's
discipline.
(b) A previously employed Building Official, Assistant Building Official, Chief Inspector, Plans Examiner
or Inspector may be recertified biennially upon the presentation of twenty-four (24) contact hours of education
accumulated during the previous two (2) consecutive calendar years.
(e) If certification is not renewed and allowed to lapse, application for recertification shall be accompanied
with proof acceptable to the Broward County Board of Rules and Appeals that the twenty-four (24) contact hour
requirement of continued education has been met.
(d) By December 15 of the second year of a biennially renewal period, each Building Official shall submit
to the Board of Rules and Appeals a list of currently employed personnel who are to be recertified for the
ensuing new biennial renewal period, accompanied by a check in the amount appropriate for each discipline
according to The Board of Rules and Appeals Fee Schedule for Certification for each certification, payable to
the `Broward County Commissioners." Recertification to be effective on January 1 st of each biennially renewal
period.
201.47 FIRE MARSHAL OR FIRE CODE OFFICIAL as defined in Chapter Four (4) of this Code:
201.48 APPOINTMENT, POWERS AND DUTIES OF A FIRE MARSHAL OR FIRE CODE
OFFICIAL: A Fire Prevention Bureau is established within the fire department, under the direction of the Fire
Chief as defined in Chapter Four (4) of this Code, which shall consist of such fire department personnel as may
be assigned thereto, by the Fire Chief, in accordance with the requirements prescribed herein. The function of'
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this bureau shall be to assist the Fire Chief in the administration and enforcement of the Fire Protection
Provisions of this Code. The Fire Chief may designate a member of the department to exercise the powers and
perform the duties of the Chief. He may also be known as Fire Marshal (As set forth in Subsections 5202.5&6
of this Code). There shall be appointed by the Fire Chief a person qualified as set forth in Section 201.48 to •
serve as Fire Marshal or Fire Code Official. The Fire MarshaUFire Code Official shall be the principal enforcing
officer of the Fire Codes and it shall be his/her duty and responsibility to coordinate the work of all subordinate
Fire Plans Examiners and Fire Inspectors. The Fire Marshal/Fire Code Official may delegate authority to
subordinate employees to enforce the provisions of the Fire Codes. In the event that the Fire Marshal/Fire Code
Official is not available to perform his/her duties, the Fire Chief may appoint an interim Fire Marshal/Fire Code
Official provided such person is qualified as set forth in Section 201.48 of this Code. The name of any interim
Fire )Marshal/Fire Code Official will be recorded by the Board of Rules and Appeals, but he/she will not be
issued a certification card as a Fire Marshal/Fire Code Official. The Fire Marshal/Fire Code Official shall be
subject to the powers vested in the Board of Rules and Appeals as set forth in Section 203 and Chapter 52 of
this Code. If there is one Fire Plans Examiner or Fire Inspector hired by an inspection authority, that Plans
Examiner or Inspector shall be a Fire Marshal / Fire Code Official. It shall be his/hc :. :end responsibility
to coordinate the work of all subordinate Fire Plans Examiners and Fire Inspectors.
201.49 CERTIFICATION OF FIRE MARSHAL/FIRE CODE OFFICIAL: To be eligib! appointment
as a Fire Marshal/Fire Code Official, such person shall be certified by the Board of Rules anu Teals and shall
meet one or more of the following qualifications:
(a) A Florida Registered Professional Engineer and/or a Degree in Fire Science and/or a Degree in Fire
Prevention and shall have been certified as County Fire Inspector for three (3) years.
(b) A County Certified Fire Plans Examiner with at least five (5) years of experience which shall have been
within the jurisdiction of this Code.
(c) Ten (10) years experience as a Fire Inspector, five (5) years of which shall have been within the
jurisdiction of this Code and shall be a Broward County and State of Florida Certified Fire Inspector.
(d) Have been fulfilling the duties of a Fire Marshal/Fire Code Official with five years continuous service
as such, prior to July 1, 1988.
(e) Fire Marshal/Fire Code Official shall comply with Sub -paragraph 201.50 (b) , (c) Certification may
be revoked for cause, by the Board of Rules and Appeals.
201.50 APPOINTMENT AND DUTIES OF A FIRE PLANS EXAMINER
(a) There shall be appointed by the Fire Chief a person qualified to serve as Fire Plans Examiner.
(b) Certification of Fire Plans Examiner: To be eligible for appointment as Fire Plans Examiner, such person
shall be certified by the Board of Rules and Appeals and shall meet one or more of the following qualifications:
(1) A Florida Registered Professional Engineer and/or a Degree in Fire Science, and/or a Degree in Fire
Prevention and having practiced within the jurisdiction of this Code for a minimum of three (3) years.
(2) Five (5) years of experience as a Fire Inspector, two (2) years of which shall have been in the
jurisdiction of this Code and shall be a Broward County and State of Florida Certified Fire Inspector, and have
Five (5) years experience as a Fire Plans Examiner.
(3) Ten (10) years of experience as a firefighter, three (3) years of which shall have been in the
jurisdiction of this Code and shall be a Broward County and State of Florida Certified Fire Inspector.
(4) Have been fulfilling the duties of a Fire Plans Examiner with five years continuous service as such,
prior to July 1, 1988.
(5) Fire Plans Examiner certification may be revoked for cause, by the Board of Rules and Appeals.
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201.51 CERTIFICATION OF FIRE INSPECTORS as set forth herein:
(a) The Fire Chief of each governmental jurisdiction shall designate certain fire prevention personnel to be
certified Fire Inspectors. The Fire Chief shall delegate powers and duties to the Fire Inspectors, certified by the
Board of Rules and Appeals as they pertain to fire and life safety items in this Code.
(b) Application for certification shall be on a form containing such pertinent information as is considered
relevant to the Board of Rules and Appeals.. Each application shall be accompanied by a check in the amount
appropriate for each discipline according to The Board of Rules and Appeals Fee Schedule for Certification
payable to "Broward County Commissioners."
(e) Broward County Certification is valid for a period of three years. Recertification shall have the same
anniversary date as provided in Florida Statutes 633.081.
(d) The certification of a Fire Inspector may be revoked, for cause, by the Board of Rules and Appeals.
(e) To be certified a Fire Inspector shall meet the following criteria:
(1) Be a certified Firefighter as defined by the Florida Firefighters Standards Council.
(2) Pass a written competency examination approved by the Broward County Board of Rules and
Appeals, to be given in May and November of each year, or the test may be given when requested by at least
six (6) applicants.
(f) Personnel assigned to the bureau as Fire Inspectors must be State of Florida Certified Firefighters, State
of Florida Certified Fire Inspectors. For certification and recertification refer to Florida State Statute 633. At
the Fire Chief s discretion, a person may be given up to eighteen (18) months to become a State of Florida
Certified Firefighter, from the date of hire.
201.52 RECERTIFICATION:
(a) To be recertified all Fire Marshal/Fire Code Officials, Fire Plans Examiners, Fire Inspectors or a
combination thereof who are presently certified by the Board of Rules and Appeals, shall meet the following
• criteria:
(1) Be presently employed by a governmental fire entity within Broward County.
(2) Broward County Certification is valid for a period of three (3) years. Recertification shall have the
same anniversary date as provided in Florida Statutes 633.081, with the completion of 55 contact hours in
continuing education every three (3) consecutive years on Fire Protection and Fire Safety, sponsored and/or
approved by the Board of Rules and Appeals.
(3) Personnel assigned to the bureau as Fire Inspectors must be State of Florida Certified Firefighters,
and State of Florida Certified Fire Inspectors. For certification and recertification refer to Florida State Statute
633.
(4) If certification is not renewed and allowed to lapse, application for recertification must be
accompanied with proof that 18.33 contact hours per year in continuing education has been met, and shall be
on a form containing such pertinent information as is considered relevant to the Board of Rules and Appeals.
202 UNSAFE BUILDINGS
202.1 GENERAL:
(a) Buildings or structures that are, or hereafter shall become unsafe, unsanitary or deficient in adequate
facilities for means of egress, or which constitute a fire or windstorm hazard, or illegal or improper use,
occupancy or maintenance, or which do not comply with the provisions of the applicable Minimum Housing
Code, or which have been substantially damaged by the elements, acts of God, fire, explosion or otherwise, shall
• be deemed unsafe buildings and a permit shall be obtained to demolish the structure or bring the building to
comply with the applicable Codes.
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(b) Incomplete buildings or structures commenced without a permit or the permit for which has expired, or
completed buildings or structures commenced without a permit or the permit for which expired prior to
completion and no Certificate of Occupancy has been issued, shall be presumed and deemed unsafe.
(c) Unsafe buildings or structures shall be demolished and removed from the premises concerned, or made
safe, sanitary and secure in a manner required by the Building Official and as provided in this Chapter, provided
that where replacement, repair, alteration or demolition is required on Buildings or structures within the purview
of the applicable Minimum Housing Code, the provisions of such Code shall be complied with and shall control.
(d) A permit shall be issued for the demolition of any unsafe building or structure in accordance with
Sections 304.3(i)(1) and (2).
W1y'WK4TtT 1FXN "
(a) PHYSICAL CRITERIA: - -
(1) A Building shall be deemed a fire hazard and/or unsafe when:
(aa) It is vacant, unguarded and open at doors or windows.
(bb) There is an unwarranted accumulation of dust, debris or other combustible material therein.
(cc) The building condition creates hazards with respect to means of egress and fire protection as
provided herein for the particular occupancy.
(2) A building shall be deemed unsafe when:
material.
(aa) There is a failure, hanging loose or loosening of any siding, block, brick, or other building
(bb) There is a deterioration of the structure or structural parts.
(cc) The building is partially destroyed.
(dd) There is an unusual sagging or leaning out of plumb of the Building or any parts of the •
building and such effect is caused by deterioration or over -stressing.
(cc) The electrical or mechanical installations or systems create a hazardous condition contrary to
the Standards of this Code.
(ff) An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or
waste disposal systems.
(gg) By reason of use or Occupancy the area, height, type of construction, fire -resistivity, means of
egress, electrical equipment, plumbing, air conditioning or other features regulated by this Code do not comply
with this Code for the use and Group of Occupancy.
(3) A Building, or part thereof, shall be presumed to be unsafe if:
(aa) The construction, installation of electrical, plumbing or other equipment therein or thereon, or
the partial construction or installation of equipment has been commenced or completed without a permit
therefore having been obtained or the permit therefore expired prior to completion and a Certificate of
Occupancy issued.
(bb) By reason of illegal or improper use, occupancy, or maintenance does not comply with this
Code, or the Code in effect at the time of construction or the applicable Minimum Housing Code.
(b) VALUATION CRITERIA:
(1) If the cost of alteration, repair and/or replacement of an unsafe building or structure or part thereof
exceeds 50% of its value, such building shall be demolished and removed from the premises. If the cost of
alteration, repair and/or replacement of an unsafe building or structure or part thereof does not exceed 50% of
such replacement cost, such building or structure may be repaired and made safe, as provided in Section 104
and in the applicable Minimum Housing Code; or
iM[!
(2) If the cost of structural repair or structural replacement of an unsafe building or structure or part
thereof exceeds 33% of the structural value such building or structure or part thereof shall be demolished and
removed from the premises; and if the cost of such structural repairs does not exceed 33% of such replacement
. cost, such building or structure or part thereof may be structurally repaired and made safe, as provided in Section
104.
(3) In order to determine the value of a building or structure and the cost of alterations, repairs and
replacement, the guides and standards provided in Section 104 shall apply.
(4) An exception to the above percentages may be recognized provided:
(aa) The owner of property has the ways and means to complete the work.
(bb) All imminent danger has been removed from the site.
(cc) All applicable Zoning regulations are met.
(dd) All applicable requirements of other departments and agencies are met.
(ee) Criteria noted in Sub -section 104.3 are followed.
(fit) Any remaining portion of the structure to be used in rebuilding is certified as safe by an engineer
or architect.
202.3. INSPECTION OF UNSAFE BUILDINGS AND STRUCTURES: The Building Official, on his/her
own initiative or as a result of reports by others, shall examine or cause to be examined every building or
structure appearing or reported to be unsafe, and if such is found to be an unsafe Building or structure as defined
in this Section, the Building Official shall post the property concerned and shall furnish the owner of such
Building or structure with written notice, the manner of posting and furnishing of written notice is provided
hereinafter.
202.4 POSTING: The Building Official shall post, but not before 14 days after the notice of violation
hereinafter provided has been served, a signed notice in a conspicuous location on the building or structure
which has been determined to be unsafe. The posted notice shall read substantially as follows:
"UNSAFE BUILDING." This building or structure is, in the opinion of the Building Official, unsafe,
as defined in Section 202 of the South Florida Building Code.
This Building SHALL BE VACATED — SHALL NOT BE OCCUPIED. Action shall be taken by
the owner as further prescribed by written notice previously served. THIS NOTICE SHALL NOT BE
REMOVED EXCEPT BY THE BUILDING OFFICIAL. DATE
202.5 EMERGENCY ACTION:
(a) When in the opinion of the Building Official, there is actual or immediate danger of the failure or the
collapse of a building or structure, or there is a health, windstorm or fire hazard, he may order the occupants to
vacate, temporarily close for use or occupancy the rights of way thereto, sidewalks, streets or adjacent buildings
or nearby area and institute such other temporary safeguards, including securing posting and demolition of the
building or structure, as he/she may deem necessary under the circumstances, and may employ the necessary
labor and materials to perform the required work as expeditiously as possible.
(b) Costs incurred in the performance of such emergency work shall be paid by the appropriate
governmental authority and upon the recording in the public records of this county a certificate executed by the
Building Official, certifying the amount so expended and why expended, the same shall become a lien against
the property involved.
202.6 NOTICE OF VIOLATION: The Building Official shall, at least 14 days prior to posting an unsafe
building, give the owner of record of the premises concerned written notice by certified or registered mail,
addressed to such person's last known address. If proof of service by registered or certified mail is not
completed by signed return receipt, then a copy of the written notice shall be affixed to the structure concerned
and such procedure shall be deemed proper service, and the time for compliance, stipulated in the notice. shall
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be deemed to commence with the date such notice is so affixed. This written notice shall state the defects which
constitute a violation of this Section and shall prescribe the action to be taken to comply and the time within
which compliance must be accomplished, such time to be 15 days, subject to reasonable extension when
requested in writing, for reasons which the Building Official considers justifying an extension of time. All such •
extensions of time shall be by written approval of the Building Official. In addition, this written notice will
explain the right of appeal of the decision of the Building Official to the Unsafe Structures and Housing Appeals
Board, and also advise that unless there is compliance with the instructions in the Notice of Violation or an
appeal is filed that a public hearing before the Unsafe Structures and Housing Appeals Board will be initiated
by the Building Official after time for compliance has expired.
202.7 RECORDING OF NOTICE OF VIOLATION:
(a) If the owner of the property concerned has not complied with the requirements as stated in the Notice
of Violation within the time stipulated or has not appealed the action of the Building Official as stated in the
Notice of Violation within the time specified, the Building Official may file an appropriate instrument in the
office of the Clerk of the Circuit Court, to be recorded in the public records of this county, indicating that
violations of the South Florida Building Code, and of Section 202 thereof, exist upon the property involved.
(b) The recording of such notice shall constitute constructive notice to all concerned as -well as to any
subsequent purchasers, transferees, grantees, mortgages, lessees and all persons claiming or acqum,11 ;iTrrr�.yr
in said property.
(c) When the violation specified in the Notice of Violation has been corrected, the Building Official shall
file for record a certificate certifying that the violation has been corrected, upon being paid for the filing fees
incurred.
202.8 APPEAL AND REVIEW: The owner or anyone having an interest in a building or structure which has
been determined to be unsafe, and concerning which a Notice of Violation has been served by the Building
Official, may appeal the decision of the Building Official as stated in the Notice of Violation, to the Unsafe
Structures and Housing Appeals Board, if such appeal is filed prior to the expiration of the time allowed for
compliance specified in such notice; provided, in no event shall appeal period be less than fifteen (15) days.
Such appeal shall be in writing, addressed to the Secretary of the Unsafe Structures and Housing Appeals Board,
and shall be in the form of a certified statement, stating the reasons for such an appeal and stating wherein they
consider the Building Official to be in error. Upon receipt of the appeal, the Secretary of the Board will proceed
to notify all parties in interest as to the time and place the Unsafe Structures and Housing Appeals Board shall
conduct a public hearing on the matter. The procedure for the serving of, and the form of notice is provided
hereinafter.
202.9 NOTICE OF PUBLIC HEARING: If the owner, or other parties having an interest do not comply with
the terms of the Notice of Violation and do not file an appeal within the time stipulated, the Buildin
shall then apply for a public hearing to be conducted by the Unsafe Structures and Housing. Appeals Bc., , ..a
the Secretary of the Unsafe Structures and Housing Appeals Board shall notify all parties in interest of the time
and place of such public hearing on the matter. The procedure for the serving, and the form of notice shall be
the same as in the case where an appeal has been filed by the owner or other parties in interest and such
procedure and form of notice shall be as set forth hereinafter.
(a) When an appeal has been properly filed, or when the public hearing is initiated by the Building Official,
as provided herein, the Secretary of the Unsafe Structures and Housing Appeals Board shall issue a notice in
the Board's name, requiring the owner of record and all parties having an interest to appear before the Board
in person or by an attorney at the time set forth in such notice, but not earlier than ten days after service thereof,
and show cause why the decision of the Building Official should not be carried out.
(b) As many alias and pluries notices may be issued as may be necessary.
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(c) Service of such notices shall be certified or registered mail to the last known address of the party being
served, if known; however, failure to receive such notice shall not invalidate the same as such notice shall also
be perfected by posting such notice on the property and by publishing a copy thereof in a newspaper published
N in this county, such publication to be for two times one week apart.
1 (d) The time for appearing and showing cause as aforesaid, and a description of the property shall be as set
forth in such published notice; provided, such time shall not be less than ten days after the last publication
thereof.
(e) Any person or party who shall not appear and show cause as aforesaid shall be as fully bound by
proceedings taken as if he had appeared and shown cause.
202.10 PUBLIC HEARING:
(a) On the day established in the notice of public hearing the Board shall review all pertinent evidence and
hear all testimony from the Building Official, the owner and other parties in interest and their respective
witnesses.
(b) The Board may modify, rescind, or uphold the decision of the Building Official as recited in the Notice
of Violation and may order the owner or persons responsible for the building or structure to vacate, or cause to
be vacated forthwith, to make repairs and to take necessary action to secure the building, or to demolish the
building or structure and remove the salvage, contents debris and abandoned property from the premises, all
within the time stipulated in the order by the Board.
(c) Such order shall be entered in the minute book of the Board within three (3) days after such public
hearing and a copy of such order shall be forwarded to the owner and all parties in interest by registered or
certified mail, and a copy thereof posted on the premises.
(d) If the owner or those responsible shall fail to comply with the order of the Board within the time
stipulated therein, and such order is to repair, or secure the building to make safe, then the Building Official
• shall cause such building to be vacated, if occupied, and shall through his employees or through a contractor
making the lowest responsible bid, secure the building or structure.
(e) If the order is to demolish the building or structure and to remove the salvage, contents, debris and
abandoned property from the premises, and the owner or those responsible shall have failed to comply with such
order, then the Building Official may do so thereafter through his employees or through a contractor making
the lowest responsible bid.
(f) The Building Official may sell to the highest bidder or bidders for cash the salvage and the contents of
such building or other structure so demolished which have not been removed by the owner of the land.
(g) If no bids are received for such salvage or contents the Building Official may destroy that for which no
bids are received.
(h) Advertisement calling for bids shall be published by the Building Official one time in a newspaper
published in the County.
202.11 RECOVERY OF COST:
(a) The entire costs incurred pursuant to Sub -section 202.5 to Sub -section 202.10 shall be paid by the owner
of occupant of the premises or by the person who caused or maintained the violation.
(b) The Building Official shall file among his records an affidavit stating with fairness and accuracy the
items of expense and the date of execution of actions authorized by Sub -section 202.5 or Sub -section 202.10.
(c) The enforcing agency may institute a suit to recover such expenses against any liable person or may
cause such expenses to be charged against the property as a lien or as a special assessment collectable according
to established procedures.
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(d) Except with respect to a lien imposed for expenses incurred in demolition, nothing herein shall be
construed as placing a lien upon property which supersedes the lien of any mortgage on such property executed
and recorded prior to the existence of a lien authorized herein.
(e) Any lien imposed for demolition shall be a lien prior in dignity to all liens, excepting county tax liens
and liens of equal dignity with county tax liens.
202.12 JUDICIAL REVIEW: Any person aggrieved by a decision of the Unsafe Structure Board may seek
judicial review of that decision in accordance with the Florida Appellate Rules.
202.13 UNSAFE STRUCTURES BOARD: The Unsafe Structures Board is hereby created, consisting of nine
members who shall be appointed by the Appointing Authority. All professional members of the Unsafe
Structures Board should be registered and licensed in the State of Florida. In the event the Appointing Authority
cannot find a properly qualified resident of the area under its jurisdiction. it may by majority vote of its
membership, appoint a qualified non-resident of the specific categories or proi'essions required.
(a) QUALIFICATION OF MEMBERS: Members of the Board shall be permanent residents of the area
under the jurisdiction of the Appointing Authority, who possess outstanding reputations for civic activity,
interest, integrity, responsibility, and business or professional ability. The composition and representative
membership of the Board shall be as follows: a Registered Engineer, a Registered Architect, a General Boilding
Contractor, an Electrical Contractor, an Attorney at Law, a Plumbing Contractor, a Real Estate Appraiser, a
Estate Property Manager and Citizen with experience and background in social problems.
(b) TERMS OF OFFICE: In order that the terms of office of all members of the Board shall not expire at
the same time, the initial appointments to the Board shall be as follows: Three members for the term of two
years, three members for the term of three years, and three members for the term of four years. Thereafter, all
appointments shall be for the term of three years, provided that the term in all instances shall continue until a
successor is appointed and qualified. Appointments to fill any vacancy on the Board shall be for the remainder
of the unexpired term, but failure to fill a vacancy shall not invalidate any action or decision of the Board.
(c) ORGANIZATION OF THE BOARD:
(1) The members of the board shall elect a Chairman and a Vice Chairman and such other officers as
may be deemed necessary or desirable, who shall serve at the will of the Board. Election of officers shall be held
at the first meeting after February First, and such officers shall hold office for one year.
(2) Five members of the Board shall constitute a quorum necessary to hold a meeting or take any action.
(3) A majority vote of the Board membership present and voting at a duly constituted meeting shall be
sufficient to overrule, modify or affirm any action or decision of the Building Official or to take any other action
within the scope of the power and duties of the Board.
(4) Members shall serve without compensation but shall be entitled to reimbursement for necessary
expenses incurred in the performance of their Official duties, upon approval by the legislative body adopting
this Code.
(S) No member of the Board shall sit as a voting member in any hearing on a matter in which he has a
personal or financial interest.
(6) The Building Official, or his designee, shall be the Secretary of the Board but shall have no vote.
(7) The Chairman or the Secretary may call meetings of the Board, and meetings may be called by
written notice signed by three members of the Board.
(8) Minutes and records shall be kept of all meetings of the Board and all meetings shall be public.
(9) All hearings shall be open to the public, and any person whose interest may be affected by the rnmatter.
on appeal shall be given an opportunity to be heard in person, or through his attoey.
(10) Witnesses may be sworn and subpoenaed by the Board in a like manner as they are subpoenaed by
the court or courts in the County in which this Code is adopted.
2- 18
(11) The hearings shall be informal and need not be conducted according to technical rules relating to
evidence and witnesses. Any relevant evidence shall be admitted if it is the type of evidence on which
responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any
• common law or statutory rules which might make improper the admission of such evidence over objection in
civil actions.
(12) Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence
but shall not be sufficient itself to support a finding unless it would be admissible over objection in civil actions.
(13) The rules of privilege shall be effective to the same extent that they are now, or hereafter may be,
recognized in civil actions; and irrelevant and unduly repetitious evidence shall be excluded.
(14) The Board may establish rules and regulations for its own procedure.
(15) The Building Official shall provide adequate and competent clerical and administrative personnel
and such technical or scientific personnel as may be reasonably required by the Board for the proper
performance of its duties, and shall maintain a record of all proceedings in the office of the Building Official,
- and shall make available for copying any and all portions of the record of the proceeding and may certify the
same as a true copy and make a reasonable charge therefore.
(16) The Building Official shall provide a regular meeting place for the Board.
(d) DUTIES AND POWERS OF THE BOARD: The board shall have the following duties, functions,
powers and responsibilities.
(1) Hear and determine appeals from actions and decisions of the Building Official pursuant to the
provisions thereof.
(2) Hear and review the application of the Building Official for review of his action where his decision
as indicated in a Notice of Violations has not been complied with.
review. (3) Affirm, modify or reverse the decision of the Building Official upon appeal or on application for
(4) The Board, through its Secretary, shall transmit the record with all exhibits, instruments, papers, and
transcripts of its proceedings to the appointing authority in the event that authority shall consider the matter
pursuant to applicable law in that regard made and provided.
(5) Hear and determine appeals from actions and decisions of the enforcing agency pursuant to the
provisions of the applicable Minimum Housing Code.
202.14 DUTIES OF LEGAL COUNSEL: It shall be the duty of the attorney for the appointing authority,
when so requested, to appear at all hearings before the Unsafe Structures Board and to represent and advise the
Board.
202.15 CONFLICT OF INTEREST: No Building Official, board member or employee charged with the
enforcement of this law shall have any financial interest, directly or indirectly, in any repairs, corrections,
construction or demolition which may be required, nor shall any Building Official, board member or employee
give to anyone the location of any property or the names of owners thereof on which repairs, corrections or
demolition have been ordered, except as otherwise directed hereinafter, until after the owners have been formally
advised at which time such shall become a matter of public record. r
203 BOARD OF RULES APPEALS
In order to determine the suitability of alternate materials and types of construction to provide for reasonable
interpretation of the provisions of this Code and to assist in the control of the construction of buildings and
structures, there is hereby created a Board of Rules and Appeals, appointed by the appointing authority,
consisting of thirteen (13) members and nine (9) alternates who are qualified by training and experience to pass
on matters pertaining to building construction.
2- 19
(a) Secretary to the Board (Administrative Director) and employees. The Board of Rules and Appeals is
authorized to hire a full-time secretary. Office space, office equipment and such other material, equipment and
services required to operate such office shall be furnished by the Broward County Commissioners. The Board
may hire other personnel as they are deemed necessary by said Board with permission from the Broward County
Commissioners. All moneys collected by the Board as fees shall be retained by the Broward County
Commission to offset operating costs of such office.
(b) The Broward County Board of Rules and Appeals, shall maintain a staff to coordinate the enforcement
of the South Florida Building Code Broward Edition, and shall be called the Code Compliance Department. The
Department shall consist of the Administrative Director, and Chief Code Compliance Officers (Electrical, Fire
Prevention, Mechanical, Plumbing, and Structural). Chief Code Compliance Officers shall be certified as Chiefs,
in their respective disciplines, and the Chief Fire Prevention Code Compliance Officer shall be certified as Fire
Marshal/Fire Code Official. The Chief Code Compliance Officers shall have :.he authority to make inspections
in their disciplines, and shall be responsible to see that the South Florida Building Code Broward Edition is
being uniformly enforced by all Building and Fire Departments in all cities and the unincorporated areas
Broward County. The Code Compliance staff shall work directly under the Administrative Director, who will
be directed by the full Board of Rules and Appeals.
203.1 MEMBERSHIP:
(a) Effective January 1, 1997, there shall be a Broward County Board of Rules and Appeals composed of
thirteen (13) members and nine (9) alternates as follows:
(1) Six (6) members and four (4) alternates shall be appointed by the County Commission.
(2) Seven (7) members and five (5) alternates shall be appointed by the Broward County League of
Cities.
(3) Board membership shall be comprised of one (1) Architect, one (1) General Contractor, one (1)
Structural Engineer, one (1) Mechanical Engineer, one (1) Electrical Engineer, one (1) Master Electrician, one
(1) Master Plumber, one (1) Air Conditioning Contractor, one (1) Swimming Pool Contractor, one (1) Roofing
Contractor, one (1) Fire Service Professional, one (1) Disabled Person, and one (1) Consumer Advocate.
Alternate membership shall be comprise of one (1) Architect, one (1) General Contractor, one (1) Structural
Engineer, one (1) Mechanical Engineer, one (1) Electrical Engineer, one (1) Master Electrician, one (1) Master
Plumber, one (1) Roofing Contractor, and one (1) Fire Service Professional. No more than one (1) member and
no more than one (1) alternate shall be appointed to represent the same category. The County Commission and
League of Cities shall coordinate board appointments to ensure they are consistent with the requirements of this
section.
(4) Except for Consumer Advocates and Disabled Persons, all members and alternates appointed by the
Broward County Commission and Broward County League of Cities shall be qualified by being registered as
a professional or by having been licensed as a contractor, and by having been active in their respective
profession or trade for not less than ten (10) years. Members and alternates shall be residents of Broward County
and shall have served in their professional capacity in the State of Florida for a period of two (2) years.
(5) Eleven (11) members and/or seated alternates shall constitute a quorum and decisions shall be
reached by a majority of those present.
(6) All appointments shall be for a term of three (3) years. All members and alternates shall continue
in office until their successors are duly appointed.
(7) The Board shall adopt rules of procedure to seat alternates in the event all board members are not
present for a scheduled meeting of the Board.
(b) The Broward County Commission or Broward County League of Cities, whichever is the appointing•
authority, may remove, either by its own action or upon recommendation of the majority of the Board of Rules
and Appeals, any members or alternate for misconduct, incompetence, or neglect of duty. I lowever. any
2-20
member or alternate so removed may, within ten days, request a public hearing before the public body who
attempts to remove the member or alternate, and the member or alternate shall receive such hearing before such
removal shall be final.
(c) Any vacancies occurring on the Board of Rules and Appeals shall be tilled for the remainder of the
former member's or alternate's term of office by appointment of the County Commission when the former
member or alternate was an appointee of the Commission, or by the League of Cities when the former member
or alternate was an appointee of the League.
(d) It shall be the function of the Broward County Board of Rules and Appeals, created by this Charter, to
exercise the powers, duties, responsibilities, and obligations as set forth and established in Chapter 71-575, Laws
,of Florida, Special Acts of 1971, as amended by Chapters 72-482 and 72-485, Laws of Florida, Special Acts
of 1972; Chapter 73-437, and 74-448, Laws of Florida, Special Acts of 1974; and the South Florida Building
Code as enacted and amended by Chapter 71-575, as amended.
203.2 COMPENSATION Members shall serve without compensation but shall be entitled to reimbursement
for necessary expenses in performance of their Official duties upon approval of the appointing authority.
203.3 MEETINGS:
(a) Meetings of the Board of Rules and Appeals shall be held at the call of the Chairman and at such other
times as the Board may determine.
(b) The Board shall select one (1) of its members to serve as Chairman and one (1) to serve as
Vice -Chairman, to act in the absence of the Chairman. A detailed record of all proceedings shall be kept on file
in the office of the Secretary. The Board shall establish rules and regulations for its own procedure.
(c) (1) All hearings shall be open to the public, and any person whose interest may be affected by the matter
on appeal shall be given an opportunity to be heard.
(2) The hearing shall be informal and need not be conducted according to technical rules relating to
evidence and witnesses.
(3) Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are
accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory
rules which might make improper the admission of such evidence over objection in civil actions.
(4) Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence
but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil
actions.
(5) The rules of privilege shall be effective to the same extent that they are now, or hereafter may be,
recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.
(d) No member of the Board shall sit as a voting member in any hearing involving any question in which
he has personal or financial interest.
(e) Quorum: Eleven (11) members of the Board shall constitute a quorum. Decisions shall be reached by the
majority of those present.
(f) Written notice of Board decision shall be furnished the appellant when requested.
(g) When an appeal of a decision of a Building Official/Fire Code Official or his/her subordinate has been
filed with the Board of Rules and Appeals, that Building Official/Fire Code Official or his/her designated
representative shall be responsible to (1, 2, 3, or all):
(1) Respond to the Board of Rules and Appeals in writing defending his/her decision and/or
interpretation, within 5 (working) days.
(2) Attend the Board meeting when the appeal is on the agenda.
(3) Take immediate action in accordance with decision of Broward County Board of Rules and Appeals.
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(aa) Immediate action shall be that a Certificate of Completion, Temporary Occupancy, or a
Certificate of Occupancy shall not be issued until compliance with the decision of the Board has been
completed. .
203.4 DUTIES:
(a) APPEAL FROM DECISION OF Building Official, Assistant Building Official or Chief Inspector: The
Board shall hear all appeals from the decisions of the Building Official, Assistant Building Official or Chief
Inspector wherein such decision is on matters regulated by this Code from any person, aggrieved thereby, and
specifically as set forth in Section 204. "Alternate Materials and Types of Construction." Application for Appeal
shall be. in writing and addressed to the Secretary of the Board.
(b) INTERPRET CODE AT REQUEST OF Building Official, Assistant Building Official, Chief
Inspector or the staff of the Board of Rules and Appeals: The Board shall pass on all matters pertaining to this
Code and referred to the Board by the Building Official, Assistant Building Official.. -` `; of Inspector or staff
of the Board of Rules and Appeals for interpretation or clarification.
(c) INVESTIGATE ENFORCEMENT: The Board of Rules and Appeals, upon the request of any person
charged with the responsibility of enforcing the Code, or upon its own initiative, shall conduct investigation into
enforcement of this Code, and shall have the power to suspend or revoke any permits issued thereunder, after
a hearing at which interested persons may appear and be heard and evidence indicates that the best interests of
the public are served by such action except in regard to the qualifications of the applicant for permit.
(d) REPORT AND RECOMMENDATIONS:
(1) The Board of Rules and Appeals may recommend to the elected Officials of the jurisdictions
adopting this Code ordinances prescribing the fee for examinations, permits, inspections of boilers and elevators,
the testing of materials, and all other such work required by the Building Code.
(2) The Board of Rules and Appeals shall make any desired amendments or revisions to the Code.
e Cost of appealing to Board: An person who appeals to the Board of Rules and Appeals for a decision
() pp g Y
on any matter within its jurisdiction is required to pay a fee of fifty dollars ($50) to the Secretary of the Board
of Rules and Appeals, and said person shall further guarantee payment of all expenses for necessary tests made
or ordered by said Board to ascertain whether the request of the applicant has any merit.
(f) Procedure for Appeals: Any person aggrieved by anyone enforcing the South Florida Building Code who
desires to appeal to this Board shall first contact the Secretary of the Board for a date for his Appeal to be heard.
A notice of Appeal shall be sent to the governing body of the jurisdiction wherein the dispute arose and said
notice shall contain the following:
(1) The time and date of the hearing.
(2) A clear and concise statement of the subject to be decided on appeal sufficient to put the said
governing body on notice so that they may defend their interpretation of the South Florida Building Code
Broward Edition.
The notice shall be sent by registered or certified mail at least fifteen (15) days prior to the hearing but not
more than thirty (30) days. The Board in its discretion may require a specific form for this notice.
The appellant shall also file a copy of his/her notice of Appeal with the Secretary of the Board at the same
time that he/she notifies the governing body and said Secretary shall deliver to each member of the Board a copy
of the notice with sufficient time before the hearing for the Board members to study the dispute. Procedure for
Appeals may be changed from time to time by the Board if they deem it necessary for the benefit of the public.
(g) Notwithstanding, and in addition to, the jurisdiction of the Board of Rules and Appeals created by
Chapter 71-575, Laws of Florida, Building Code as applicable to Broward County may be enforced by*
injunctive proceedings, or other appropriate legal proceedings, in the appropriate court having jurisdiction
thereof, upon petition or complaint filed by the Board of Rules and Appeals, which is hereby granted the power
2-22
to sue and be sued, or by any aggrieved person, any interested citizen, citizen's association, corporation or other
business entity if any elected or appointed Officials named in Section 3 of Chapter 71-575 or any Building
Official fails or refuses to comply with said Code.
(h) Certification of Building Official, Assistant Building Official/ Code Administrator, Chief Electrical
Inspector, Electrical Plans Examiner, Electrical Inspector, Chief Mechanical Inspector, Mechanical Plans
Examiner, Mechanical Inspector, Chief Plumbing Inspector, Plumbing Plans Examiner, Plumbing Inspector,
Roofing Inspector, Roofing Inspector, Chief Structural Inspector, Structural Plans Examiner, Structural
Inspector, Fire Marshal/Fire Code Official, Fire Plans Examiner, and Fire Inspector: The Board of Rules and
Appeals shall have the duty to accept and review applications and to certify or refuse to certify applicants for
Building Official, Assistant Building Official, Chief Electrical Inspector, Electrical Plans Examiner, Electrical
Inspector, Chief Mechanical Inspector, Mechanical Plans Examiner, Mechanical Inspector, Chief Plumbing
Inspector, Plumbing Plans Examiner, Plumbing Inspector, Roofing Inspector, Chief Structural Inspector,
Structural Plans Examiner, Structural Inspector, Fire Marshal/Fire Code Official, Fire Plans Examiner, and
Fire Inspector to be employed by any inspection authority regulated by this Code.
(i) Suspension of Certification Requirements Upon Broward County being declared a Disaster Area, the
Chairperson of the Board of Rules and Appeals or designee may temporarily suspend the Broward County
certification requirements for all Certified by the State of Florida, Department of Business and Professional
Regulation, Building Code Administrators and Inspectors Board as Building Code Administrators, Plans
Examiners and Inspectors. The length of time that this suspension will be in effect will be for thirty (30)
calendar days. The Chairperson or designee may extend this period if conditions warrant. This temporary
suspension of the certification requirement shall not apply to an individual being hired on a permanent basis.
203.5 POWERS:
(a) (1) The Board of Rules and Appeals may interpret the provisions of the Code to cover a special case if
it appears that the provisions of the Code do not definitely cover the point raised or that the intent of the Code
is not clear or that ambiguity exists in the wording: but it shall have no authority to grant variances where the
Code is clear and specific.
(2) The use of alternate materials or types of construction not clearly comparable with the materials and
types of construction specified in the Code may not be granted by the Board of Rules and Appeals; but the
Board, if favorable to such use, may amend this Code to make such use lawful.
(b) The Board shall have the power to affirm, modify or reverse the decision of the Building Official
wherein such decision is on matters regulated by this Code.
(c) The Board shall have the powers as specified in Section 202, "Unsafe Buildings."
(d) The Board of Rules and Appeals shall have the power to suspend or revoke permits, as specified in
Paragraph 203.4 (c).
(e) When it is deemed necessary by the Board, it may request experienced and technical advice on any
specific subject or subjects from any qualified person or persons, and such request may be for attendance at
Board Meetings or for written analysis of the specific problem. The Board may establish Panels of Industry,
either standing or temporary, for technical analysis of specific subjects.
203.6 RECIPROCITY:
(a) The Board of Rules and Appeals shall have the authority to meet with similarly constituted and
authorized boards for the purposes of discussion, decision and similar matters of area -wide industry concern.
(b) Decisions of the majority of all members at joint meetings as referred to herein, shall not be binding on
the Board of Rules and Appeals. The decisions of joint meetings with other boards may be accepted or rejected
or accepted with modifications.
2-23
P111 ►1K8111 NI 8 IN OW10110
(a) Any person aggrieved by a decision of the Board of Rules and Appeals, whether or not a previous party
to the decision, may apply to the appropriate court for a writ of certiorari to correct errors of law of such
decision. 0
(b) Application for review; shall be made to the proper court of jurisdiction within five days after the
decision of the Board.
204 ALTERNATE MATERIALS AND TYPES OF CONSTRUCTION
The ,provisions of this Code are not intended to prevent the use of types of construction or materials or
methods of designs as an alternate to the standards herein set forth, but such alternates may be offered for
approval, and their consideration shall be as specified in this Section and Chapter.
204.1 STANDARDS: The types of construction or materials or methods of design referred to in this Code shall
be considered as standards of quality and strength. New types of construction or materials or methods of design
shall be at least equal to these standards for the corresponding use intended.
204.2 APPLICATION:
(a) Any person desiring to use types of construction or materials or methods of design not specifically
mentioned in this Code shall file with the Building Official authentic proof in support of claims that may be
made regarding the sufficiency of such types of construction or materials or methods of design and request
approval and permission for their use.
(b) The Building Official shall approve such alternate types of construction or materials or methods of
design if it is clear that the standards of this Code are at least equaled. If, in the opinion of the Building Official,
the standards of this Code will not be satisfied by the requested alternate, he/she shall refuse approval.
204.3 APPEAL: Any person, whose request for alternate types of construction and materials or methods of •
design has been refused by the Building Official, may appeal to the Board of Rules and Appeals by written
request to the Secretary of the Board, and such written request shall be transmitted to the Board at once.
204.4 APPEAL BY OTHERS: Any person, in whose considered opinion an action by the Building Official
approving or disapproving construction under this Code does not satisfy the standards of the Code for reasons
of safety, quality or strength, may appeal to the Board of Rules and Appeals by written request to the Secretary
of the Board, and such written request shall be transmitted to the Board at once.
205 VIOLATIONS AND PENALTIES
Any person, firm or corporation who shall violate a provision of this Code or fail to comply therewith, or
with any of the requirements thereof, shall be guilty of a misdemeanor. Each such person shall be deemed guilty
of a separate offense for each and every day or portion thereof during which any violation of any of the
provisions of this Code is committed or continued, and upon conviction of any such violation, such person shall
be punishable by a fine of not less than fifty ($50) nor more than five hundred ($500) dollars, or by
imprisonment not exceeding sixty days, or by both such fine and imprisonment.
206 AMENDMENTS TO CODE
The provisions of the South Florida Building Code Broward Edition shall be amended only by Broward
County Board of Rules and Appeals and only to the extent and in the manner specified in the Code. Neither the
Board of County Commissioners nor any municipality within Broward County may enact any ordinance in
conflict with Chapter 71-575, as amended, or the South Florida Building Code Broward Edition.
2-24
•
a
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
• and
CITY -OF AMARAC FLORIDA
FOR
HEARINGS BY THE BROWARD COUNTY
MINIMUM HOUSING/UNSAFE STRUCTURES BOARD
•
EXHIBIT "1"
TEMP RESO #8469
INTERLOCAL AGREEMENT
Between
BROWARD C UNTY
and
CIJY OF TAMARAC FLORIDA
FOR
HEARINGS BY THE BROWARD COUNTY
MINIMUM HOUSING/UNSAFE STRUCTURES BOARD
This Agreement, made and entered into by and between: BROWARD COUNTY,
a political subdivision of the state of Florida, hereinafter referred to as "COUNTY,"
AND
CITY OF TAMARAC, a municipal corporation existing under the laws of the state •
of Florida, hereinafter referred to as "CITY."
WHEREAS, this agreement is entered into pursuant to Section 163.01, Florida
Statutes, also known as the "Florida Interlocal Cooperation Act of 1969;" and
WHEREAS, COUNTY also maintains a Minimum Housing/Unsafe Structures Board
('Board") that hears and disposes of cases brought by Building Officials in accordance with
the South Florida Building Code; and
WHEREAS, CITY, pursuant to Ordinance/Resolution No. +' 1 " yy "//7- , is
authorized to use the Board to hear and dispose of cases brought by CITY's Building
Official; and
WHEREAS, the Board, pursuant to Chapter 5 of the Broward County Code of
Ordinances is authorized to hear and dispose of cases brought by the Building Official; and
WHEREAS, COUNTY, through said Board is willing to perform the such services
on the terms and conditions hereinafter set forth; NOW, THEREFORE,
2
I ..
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CITY agree as follows:
1. The recitals above are true andcorrect and are incorporated herein.
2. SCOPE OF SERVICES
2.1. COUNTY agrees to make the Board available to hear and dispose of cases
brought by the CITY's Building Official for violations of the South Florida
Building Code.
2.2. Once the CITY's Building Official determines that a violation exists, COUNTY
shall be responsible for:
(a) filing a case with the Board;
(b) noticing and conducting the hearings in accordance with laws,
rules, and regulations governing hearings before the Board;
and
(c) implementing and affecting the orders and directives of the
Board to include causing the violations(s) to be corrected.
• 2.3. COUNTY shall perform the above -described functions through the Board or
any successor entity.
3. FUNCTIONS AND DUTIES NOT TRANSFERRED TO COUNTY:
It is specifically understood and agreed that all rights and powers as may be vested
in CITY pursuant to Chapter 166, Florida Statutes, or any other law or ordinance or
Charter provision of CITY not specifically addressed by this Agreement shall be
retained by CITY.
4. COMPENSATION:
4.1. COUNTY shall provide services set forth in Section 2 of this Agreement at
the rate of One Hundred Fifty and 00/100 Dollars ($150.00) for each case
which is noticed for hearing.
4.2. CITY shall reimburse COUNTY for the actual costs of the services delineated
in Section 2.2(c), exclusive of the time expended by COUNTY employees.
Such costs shall be properly documented and such documentation provided
to CITY with the monthly invoices described in Section 4.3 hereof.
3
4.3, COUNTY shall invoice CITY on a monthly basis for actual services provided
during the preceding month. CITY shall reimburse COUNTY within forty-five
(45) days of the date of the invoice.
5. TERM OF AGREEMENT:
5.1. This Agreement shall commence upon execution by COUNTY and
shall continue in full force and effect for two (2) years thereafter.
5.2. This Agreement shall continue in full force and effect unless written
notice of termination by the COUNTY or CITY is provided pursuant to
Section 9, Notices. Unless terminated as provided in Section 8,
Termination, this Agreement may be renewed for successive two (2)
year periods upon request of CITY and upon acceptance by
COUNTY.
To the extent provided by law, each party agrees to indemnify and hold the other
party harmless from and against all claims, demands or causes of action of
whatsoever kind or nature arising out of an error, omission, negligent acts, conduct
or misconduct of the other party, its agents, servants or employees.
7. INSURANCE: 0
7.1. For the term of this Agreement, CITY and COUNTY shall maintain in
full force and effect insurance policy(ies) or self insurance funds in the
minimum amount stated in Section 768.28, Florida Statutes. Where
such coverage is provided by purchased insurance, the insurer shall
be authorized to transact business in the state of Florida.
7.2. CITY and COUNTY shall provide to each other, upon execution of this
Agreement and each anniversary date thereof, certification of the
insurance required herein.
8. TERMINATION:
This Agreement may be terminated by either party upon thirty (30) days notice to
the other party of such termination pursuant to Section 9, Notices, herein.
,�4
r
0 9. NOTICES:
Any and all notice required or given uhder this Agreement shall be in writing and
may be delivered in person or by placing in United States mail, postage prepaid,
first class and certified, return receipt requested, addressed as follows:
If to COUNTY:
Director, Building and Permitting Division
955 South Federal Highway
Fort Lauderdale, Florida 33316
If to CITY:
City Attorney
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
• 10. MIS9CELLANEOUS PROVISIONS:
10.1. Assignment: COUNTY shall perform the Unsafe Structures/Minimum
Housing Board services provided for in this Agreement exclusively and solely
for CITY which is a party to this Agreement. CITY shall not have the right
to assign this Agreement.
10.2. Waiver: The waiver by either party of any failure on the part of the other
party to perform in accordance with any of the terms or conditions of this
Agreement shall not be construed as a waiver of any future or continuing
similar or dissimilar failure.
10.3. Severabilit : The invalidity of any provision of this Agreement shall in no way
affect the validity of any other provision.
10.4. Entire Agreement: It is understood and agreed that this Agreement
incorporates and includes all prior negotiations, agreements or
understandings applicable to the matters contained herein and the parties
agree that there are no commitments, agreements or understandings not
contained in this document. Accordingly, it is agreed that no deviation from
the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written.
5
10.5. Modific tip ons� It is further agreed that no modifications, amendments or
alterations in the terms or conditions contained herein shall be effective
unless contained in a written document executed with the same formality and
of equal dignity herewith. `
10.6. Dfaffi-n& This Agreement has been negotiated and drafted by all parties
hereto and shall not be more strictly construed against any party because of
such party's preparation of this Agreement.
10.7. Venue and applicable law: The parties agree that this Agreement shall be
interpreted in accordance with Florida Law. Venue for any action arising
from this Agreement shall lie in Broward County, Florida.
11. FILING OF I TERLOCAL AGREEMENT:
Pursuant to the provisions of Section 163.01(11), Florida Statutes, this Interlocal
Agreement shall be filed with the ex-officio clerk of the court for Broward County,
Florida, i.e., the County Administrator for Broward County.
(Intentionally left blank)
•
6
•
•
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: BROWARD COUNTY through
its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair, or Vice
Chair, authorized to execute same by Board action on the :'a-� " - * day of
19yee and CITY, signing by and through its
�41j_aauthorized to execute same by Commission action on the
day vj -7 1912.
OC UNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY MMISSIONERS
Ret�l �r�`1nr�r�rrrs �
County Administrator aq Chairperson
Officio Clerk of the Boat`a
County Commissioner�of Brgwar -... CT� * daf of 19 7S
County, Florida a
Apped as to form
of County Attorney
for Broward County, Florida
EDWARD A. DION, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: T54) 357-6968
By rA4 AL
Pamela M. Kane
Assistant County Attorney
7
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY „OF TAMARAC
FOR HEARINGS BY THE BROWARD COUNTY MINIMUM HOUSING/UNSAFE
STRUCTURES BOARD
CITY
Attest:
City Clerk
4/7/98
MPAUAMARAC.A01
File #98-049.07
CITY OF TAMARAC
By _
Mayor -Commissioner
day of , 19 q 9
By`�
City M nager
AF
Y
CAI
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