2002-R-05
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RESOLUTION NO. 2002-R-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW ATER, FLORIDA, AUTHORIZING EXECUTION OF
AN INTERLOCALAGREEMENT WITH THE COUNTIES OF
VOLUSIA AND FLAGLER AND ALL MUNICIPALITIES
THEREIN; ESTABLISHING A CODE COMPLIANCE
REVIEW BOARD TO REVIEW CHALLENGES RELATING
TO TECHNICAL AMENDMENTS TO THE FLORIDA
BUILDING CODE; APPOINTING A REPRESENTATIVE TO
THE COMMITTEE; REPEALING ALL RESOLUTIONS IN
CONFLICT HEREWITH AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida has made the following
determinations:
I. Pursuant to the requirements contained in Section 553.73(4)(b)(7), Florida Statutes,
each county and municipality desiring to make local amendments to the Florida Building Code
(Code) shall establish a Code Compliance Review Board by entering into an lnterlocal Agreement.
2. The Code Compliance Review Board will review and hear challenges relating to the
local amendments of the Florida Building Code by a substantially affected party for the purposes of
determining the amendment's compliance with the Code.
NOW, THEREFORE, be it resolved by the City Council ofthe City of Edge water, Florida:
Section 1. Designation of Representative to the Board. That the City Council of the City
of Edgewater hereby designates and appoints
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as their
Representative to the Code Compliance Review Board.
Section 2. Authorization to Execute Interloeal Agreement. That the City Council of the
City ofEdgewater hereby authorizes the Mayor or City Manager to execute the lnterlocal Agreement
on behalf ofthe City Council. The lnterlocal Agreement for "Code Compliance Review Board" is
attached hereto and incorporated herein as Exhibit "A".
2002-R-05
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Section 3. Conflicting Provisions. All resolutions or parts of resolutions in conflict
herewith be and same are hereby repealed.
Section 4. Effective Date. This resolution shall take effect upon adoption.
After Motion by and Second by---.�^-�^— , the vote
on this resolution was as follows:
AYE NAY
Mayor Donald A. Schmidt_
Councilman James P. Brown ky
Councihnan Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes
Councilwoman Judith Lichter
PASSED AND DULY ADOPTED this --- a —day of February, 2002.
ATTEST:
u J Wa s,"rth
i.
<aCity.Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
CITY COUNCIL OF THE
CITY OF EDGnEW,A,T(ER, FLORIDA
By o�o�(Cl> -'—ZY
Donald A. Schmidt
Mayor
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Robin L. Matusick l
Legal Assistant
Approved by the City Council during the
Council meeting held on the 1— day of
February, 2002 under Agenda Item /C .
2002-R-05
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V olusia Council of Governments
CODE COMPLIANCE REVIEW BOARD
Interlocal Agreement
An Interlocal Agreement between VOLUSIA AND FLAGLER COUNTY, FLORIDA AND THE
CITIES AND TOWNS OF BUNNELL, BEVERLY BEACH, DAYTONA BEACH, DAYTONA
BEACH SHORES, DEBARY, DELAND, DELTONA, EDGEWATER, FLAGLER BEACH,
HOLL Y HILL, LAKE HELEN, NEW SMYRNA BEACH, OAK HILL, ORANGE CITY,
ORMOND BEACH, PALM COAST, PIERSON, PONCE INLET, PORT ORANGE, SOUTH
DAYTONA, FLORIDA, ESTABLISHING A CODE COMPLIANCE REVIEW BOARD TO
REVIEW CHALLENGES TO TECHNICAL AMENDMENTS TO THE FLORIDA BUILDING
CODE.
WITNESSETH:
WHEREAS, the Florida Building Code Act of 1998 created a unified statewide building
code to be uniformly in effect throughout the State of Florida, beginning January 1,2002; and
WHEREAS, Section 553.73(4)(b)(7), Florida Statutes, requires each county and
municipality desiring to make local technical amendments to the Florida Building Code to establish,
by interlocal agreement, a code compliance review board to review any amendment to the Florida
Building Code, adopted by local government, that is challenged by an substantially affected party
for purposes of determining the amendment's compliance with Section 553.73, Florida Statutes; and
WHEREAS, the parties to this agreement, constituting local governments within V olusia
and Flagler County, Florida, desire to preserve their respective abilities to make local technical
amendments to the Florida Building Code, and thereby wish to establish a code compliance review
board with the power, jurisdiction and authority to review such local technical amendments to the
Florida Building Code, pursuant to Section 558.78, Florida Statutes;
NOW THEREFORE, in consideration of the foregoing premises, the parties hereto agree
to the following:
SECTION 1. INCORPORATION BY REFERENCE.
The foregoing preambles are incorporated in and made a part of this Interlocal Agreement.
SECTION 2. CREATION OF BOARD: COMPOSITION.
A. There is hereby created and established a code compliance review board to be known and
designated as the Building Code Compliance Review Board, and herein after referred to as
the "Board."
B. The Board shall consist of one (1) member appointed from and by each local government
within V olusia and Flagler County, Florida, which has executed the Unified Code
Committee Interlocal Agreement and is a party to this Interlocal Agreement.
(AgreementllnterlocaI - Code Compliance Review Board)
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C. Each participating local government shall, to the greatest extent possible, appoint a member
who resides within the boundaries of the respective local government with knowledge and
expertise in building construction, fire safety standards and construction codes. To avoid
a conflict of interest, this person shall not be an employee of the local government.
D. The Board shall elect a chair who shall preside at all meetings, and a vice-chair, who shall
serve in the absence of the chair. The chair and vice-chair shall be voting members of the
Board.
E. Members of the Board shall serve without compensation.
SECTION 3. ADOPTION OF RULES AND PROCEDURES; MINUTES.
A. The Board shall be entitled to adopt such rules and procedures as from time to time it shall
deem appropriate for the proper conduct of its duties.
B. The Board shall keep minutes of its proceedings, showing the vote of each member upon
each question or, if absent or failing to vote, indicating such fact and shall keep records of
its hearings and other official actions, all of which shall be of public record.
SECTION 4. QUORUM.
A majority of the active members of the Board shall constitute a quorum, and the affirmative
vote of a majority of a quorum present shall be required for any action to be taken; but a smaller
number may adjourn from time to time until a quorum is present.
SECTION 5. POWERS OF BOARD.
The Board shall have the power to:
(a) Adopt rules for the conduct of its hearings.
(b) Review any local technical amendment to the Florida Building Code, adopted by a
local government within V olusia and Flagler Counties County pursuant to Section
553.73, Florida Statutes, that is challenged by any substantially affected party for
purposes of determining the amendment's compliance with Section 553.773.73(4),
Florida Statutes.
SECTION 6. APPEALS.
If the Board determines an amendment is not in compliance, the local government may
appeal the decision of the Board to the Florida Building Commission. If the Board determines such
amendment to be in compliance, any substantially affected party may appeal such determination to
the Florida Building Commission.
(Agreement/lnterlocal - Code Compliance Review Board)
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SECTION 7. WITHDRAWAL FROM P ARTICIP ATION ON BOARD.
Any party under this Interlocal Agreement may withdraw from this agreement and
membership on the Board upon providing thirty (30) days written notice to the Board.
SECTION 8. ADDITIONAL PARTIES TO INTERLOCAL AGREEMENT.
Any other local governments within V olusia and Flagler County, Florida may become a
party to this Interlocal Agreement by executing a counterpart hereof and furnishing notice of
execution and an executed copy of such counterpart to the Board, and shall thereafter be entitled to
membership on the Board with the same rights, privileges, obligations and duties as if any original
party to this Interlocal Agreement.
SECTION 9. MISCELLANEOUS.
A. This Agreement may be executed in counterparts. Each copy shall be deemed an
original but all of them together shall constitute one and the same
B. This Agreement shall be binding upon and inure to the benefit of the respective
parties.
C. This Agreement shall be governed by and in accordance with the laws of the State
of Florida.
D. This Agreement constitutes the entire agreement between the parties with respect to
the specific matters contained herein and supercedes all previous discussion,
understandings, and agreements. Amendments to or waivers ofthe provisions herein
shall be made by the parties in writing.
IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed on
the date indicated below.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:9~02JjJJ
Donald A. Schmidt
Mayor
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Susan J. Wadsworth
City Clerk
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Dated
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Ro in L. Matusick
Legal Assistant
(Agreementllnterlocal - Code Compliance Review Board)
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