§ 2-190. Responsibilities and duties. [Repealed]

(a) Any decision made by the city fire marshal and building official may be appealed to the fire and building code administration board. If the decision of the fire marshal and building official is to apply the provision of either the Florida Building Code or the Florida Fire Prevention Code and the Life Safety Code, the board may not alter the decision unless the board determines that the application of such code is not reasonable. If the decision of the fire marshal and the building official is to adopt an alternative to the codes, the board shall give due regard to the decision rendered by the fire marshal and building official and may modify that decision if the board adopts a better alternative, taking into consideration all relevant circumstances. In any case in which the board adopts alternatives to the decision rendered by the fire marshal and the building official, such alternatives shall provide an equivalent degree of life safety and an equivalent method of construction as the decision rendered by the fire marshal and the building official.

(b) If the fire marshal and the building official are unable to agree on a resolution of a conflict between the Florida Building Code and the Florida Fire Prevention Code and the Life Safety Code, the fire and building code administration board shall resolve the conflict in favor of the code which offers the greatest degree of life safety or alternatives which would provide an equivalent degree of life safety and an equivalent method of construction.

(c) All decisions of the fire and building code administration board are subject to review by a joint committee composed of members of the Florida Building Commission and the Fire Code Advisory Council. If the joint committee is unable to resolve conflicts between the codes as applied to a specific project, the matter shall be resolved pursuant to the provisions of F.S. § 553.73(1)(d).

(d) All decisions of the fire and building code administration board shall be in writing and shall be binding upon all persons but shall not limit the authority of the state fire marshal or the Florida Building Commission pursuant to F.S. § 553.73(1)(d).

(e) All proposed amendments to the technical provisions of the Florida Building Code which provide for more stringent requirements within the city limits than those specified in the Florida Building Code shall be reviewed by the local fire and building code administration board and forwarded to the city commission with a recommendation for or against approval of said proposed amendments.

(f) Except as specified herein, all matters pertaining to citizen boards, commissions and committees established by the Lake Wales City Commission shall apply.

(Ord. No. 2003-18, § 1, 7-1-03; Ord. No. 2017-02, § 6, 02-07-2017)