 |
Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023) |
 |
Code of Ordinances |
|
|
Chapter 2. Administration |
|
|
Article II. Boards, Committees, Commissions |
|
|
Division 13. Fire And Building Code Administration Board |
| § 2-187. Fire and building code administration board established. [Repealed] |
|
Effective on Tuesday, February 7, 2017
|
|
There is hereby established a fire and building code administration board in accordance with provisions of the Florida Building Code, F.S. § 553.73(9). |
|
(Ord. No. 2003-18, § 1, 7-1-03; Ord. No. 2017-02, § 6, 02-07-2017) |
| § 2-188. Membership; terms; qualifications, etc. [Repealed] |
|
Effective on Tuesday, February 7, 2017
|
|
(a) Membership. The board shall consist of five (5) regular members and two (2) alternate members who shall be appointed by the city commission in accordance with the provisions of section 2-26 of this chapter. Alternate members shall act in the absence of any regular member or when a regular member is otherwise disqualified in a particular case that may be presented to the board. No member shall serve on this board when such membership results in a violation of the dual office-holding provisions of the Florida Constitution. (b) Terms. (1) Regular members. Of the first regular members appointed, two (2) members shall be appointed for three (3) years, two (2) members shall be appointed for two (2) years, and one (1) member shall be appointed for one (1) year. Thereafter all appointments shall be for a term of three (3) years. (2) Alternate members. Of the first alternate members appointed, one (1) alternate member shall be appointed for two (2) years and one (1) alternate member shall be appointed for one (1) year. Thereafter all appointments of alternate members shall be for a term of three (3) years. (c) Qualifications. To the greatest extent possible, the board shall be composed of members with expertise in building construction and firesafety standards. (d) Vacancies. When a vacancy occurs on the board, it shall be filled as quickly as possible with due consideration to the qualifications of any candidate. No position shall remain unfilled on the board for a period exceeding sixty (60) days. (e) Removal from office. A member of the board may be removed during his or her term by the mayor, with the approval of the city commission. |
|
(Ord. No. 2003-18, § 1, 7-1-03; Ord. No. 2017-02, § 6, 02-07-2017) |
| § 2-189. Officers; meetings; application and fee for appeal. [Repealed] |
|
Effective on Tuesday, February 7, 2017
|
|
(a) Officers. The board shall elect a chairperson and vice-chairperson at the first meeting held after creation of the board and annually at the first meeting in July thereafter. The officers shall preside at meetings and perform other duties as are assigned by this chapter. (b) Meetings. At least one (1) meeting will be held during the calendar year in order to elect officers, but, because of the nature of the responsibilities assigned to the board, it is possible that no other meetings will be held during a calendar year. Meetings shall be held at the call of the chairman as follows: (1) When notified by the fire marshal or the building official that a conflict between the fire codes and building codes must be resolved, a meeting shall be convened no later than ten (10) business days after receiving such notification. (2) When notified by the city clerk that an application has been filed to appeal a decision of the fire marshal or building official, a meeting shall be convened no later than ten (10) business days after receiving such notification. (3) When a request is made by the building official to review a proposed local amendment to the technical provisions of the Florida Building Code, a meeting shall be convened no later than thirty (30) days (one (1) month) after receiving such notification. A copy of the proposed local amendment shall be forwarded to each board member for review no later than ten (10) business days prior to the meeting. (c) Application and fee for appeal. An applicant appealing to the fire and building code administration board shall file a written application with the city clerk and, at the time of filing such application, shall pay the fee required by section 23-320 paragraph (5) for appeals board review unless specifically exempted by section 23-320 paragraph (7). |
|
(Ord. No. 2003-18, § 1, 7-1-03; Ord. No. 2017-02, § 6, 02-07-2017) |
| § 2-190. Responsibilities and duties. [Repealed] |
|
Effective on Tuesday, February 7, 2017
|
|
(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) |