Senate Bill sb1092
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 (NP) SB 1092
By Senator Sullivan
22-565-02 See HB
1 A bill to be entitled
2 An act relating to Pinellas County; amending
3 chapter 75-489, Laws of Florida, as amended;
4 revising provisions relating to adoptions of
5 codes; providing for severability; providing an
6 effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Part III of chapter 75-489, Laws of
11 Florida, as amended, is amended to read:
12 Section 27. It is the intent of the legislature to
13 provide for uniform building codes and uniform life safety
14 codes for Pinellas County. It is further the intent of the
15 legislature to provide for continuing uniformity of the
16 aforementioned codes by placing the sole authority for making
17 amendments to the codes, applicable within the boundaries of
18 Pinellas County, with the Pinellas County Construction
19 Licensing Board.
20 Section 28. For the purpose of establishing rules and
21 regulations for the construction, alteration, removal,
22 demolition, equipment, use, occupancy, location and
23 maintenance of buildings and structures, Pinellas County
24 hereby adopts the codes known as:
25 (1) The Florida Standard Building Code, as may be
26 amended or replaced pursuant to general law.
27 (2) The Florida Fire Prevention Code, as may be
28 amended or replaced pursuant to general law NFPA Natural Gas
29 Code 54 and the NFPA L.P. Gas Code 58.
30 (3) The National Electrical Code.
31 (4) The Standard Mechanical Code.
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 (NP) SB 1092
22-565-02 See HB
1 (5) The Standard Plumbing Code.
2 (6) The National Fire Protection Association Life
3 Safety Code 101.
4 The codes are incorporated in this law as fully as if
5 set out at length. Copies of all applicable codes, appendices
6 and amendments or variations thereto adopted by the board
7 pursuant to the provisions of section 29 of this part, shall
8 be filed with and available for inspection at the office of
9 the board.
10 Section 29. The board shall have the power to adopt
11 editions of the codes referenced in section 28, and appendices
12 thereto. The board shall also have the power to amend the
13 codes from time to time and may adopt variations for different
14 areas of the county if the variations are justified under the
15 procedures contained herein and in section ss. 553.18 and
16 553.73, Florida Statutes. Before making any amendment or
17 variation, the board shall refer the proposed amendment to the
18 appropriate county-wide Board of Adjustment and Appeals
19 described in Section 32 for study and recommendations. The
20 board shall then hold a public hearing on the proposed
21 amendment or variation and shall reject, adopt, or defer
22 action upon the recommendation of the Board of Adjustment and
23 Appeals. A two-thirds vote of the board is required to reject
24 any recommendation of the Board of Adjustment and Appeals. The
25 board may adopt amendments to the codes that are necessary as
26 a condition precedent to any federal or state sponsored
27 program and the governing body of any municipality or the
28 county may adopt amendments to the administrative chapter of
29 all standard codes. For the purposes of section 553.73,
30 Florida Statutes, and chapter 98-287, Laws of Florida, as
31 amended by chapter 98-419, Laws of Florida, and chapter
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 (NP) SB 1092
22-565-02 See HB
1 2001-186, Laws of Florida, and as may be subsequently amended,
2 the Pinellas County Construction Licensing Board shall be the
3 sole local governing body authorized to make amendments to the
4 Florida Building Code or the Florida Fire Prevention Code and
5 is exempt from the requirements of section 553.73(4)(b)7.,
6 Florida Statutes, relating to a countywide compliance review
7 board. The Pinellas County Construction Licensing Board shall
8 likewise be the local administrative board for the provision
9 of interpretations upon request of local building officials
10 and for the resolution of conflicts of interpretations between
11 local building officials and local fire code enforcement
12 officials. The resolution of these disputes shall be in
13 accordance with applicable general law.
14 Section 30. Except as provided in this law for
15 amendments and variations, the codes shall be exclusively
16 controlling in the construction of all buildings and
17 structures within Pinellas County and no municipality of the
18 county shall adopt any amendments, ordinances, rules or
19 regulations for the construction, alteration, removal,
20 demolition, equipment, use, occupancy, location and
21 maintenance of buildings and structures that conflict with the
22 codes as amended.
23 Section 31. Inspection and enforcement of the codes
24 shall be effected by the county, the municipalities in
25 Pinellas County or the authorized designees of either.
26 Section 32. (1) The board shall create four Boards of
27 Adjustment and Appeals as follows:
28 (a) A plumbing, mechanical and gas Board of Adjustment
29 and Appeals consisting of one (1) mechanical engineer, two (2)
30 plumbing contractors, two (2) natural gas contractors and two
31 (2) mechanical or Class A air conditioning contractors. This
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 (NP) SB 1092
22-565-02 See HB
1 Board of Adjustment and Appeals shall have the powers and
2 duties specified in subsection (2) for appeals relating to
3 plumbing, mechanical and gas provisions of the Florida
4 Building Code codes.
5 (b) An electrical board consisting of one (1)
6 electrical engineer, two (2) electrical contractors and one
7 (1) member of the building industry at large. This board shall
8 have the powers and duties provided in subsection (2) for
9 appeals relating to the electrical provisions of the Florida
10 Building Code.
11 (c) A Board of Adjustment and Appeals for the Florida
12 Standard Building Code.
13 (d) A life safety and fire code Board of Adjustment
14 and Appeals of two (2) active fire marshals, two (2) active
15 building officials and a fifth member to be selected from the
16 joint recommendation of the fire marshals and building
17 officials comprising said board.
18 (2) Any appeal which may be brought before either the
19 Board of Adjustment and Appeals for the Florida Standard
20 Building Code or the Board of Adjustment and Appeals for the
21 Life Safety and Fire Code, shall be referred to the latter.
22 The Board of Adjustment and Appeals for the Life Safety and
23 Fire Code shall determine whether or not it has jurisdiction
24 over said appeal. Upon a determination that said board has no
25 jurisdiction, the appeal shall be considered by the Board of
26 Adjustment and Appeals for the Florida Standard Building Code.
27 The Boards of Adjustment and Appeals shall meet as frequently
28 as is required but not less often than once every three
29 months. Members of the boards shall serve without
30 compensation. Any person aggrieved by a ruling of a building
31 director or a fire marshal or other fire official of any
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 (NP) SB 1092
22-565-02 See HB
1 municipality or of the county, or any building director or
2 fire marshal or other fire official desiring interpretation of
3 a code, may file a written appeal to the proper Board of
4 Adjustment and Appeals. Provided, however, if the
5 municipality in which the dispute occurred has established a
6 Board of Adjustment and Appeals the aggrieved party must first
7 appeal to the municipal board. After a decision is rendered
8 by the municipal board the aggrieved party shall have 15 days
9 to file the appeal provided for in this subsection. The
10 decision of the boards shall be furnished to the appealing
11 party in writing within 15 days after the meeting at which the
12 appeal was considered.
13 Section 33. The respective Boards of Adjustment and
14 Appeals shall have authority to interpret its respective code
15 adopted for the county. Interpretations of the codes shall be
16 based upon specific findings of fact and may be made when any
17 provision of the code is ambiguous as applied to an activity
18 subject to the code or to allow alternate material and types
19 of construction if found to be in conformity with the intent
20 of said code. The codes shall be interpreted liberally to
21 provide safe, economic and sound buildings and structures in
22 the county. Code interpretations of any Board of Adjustment
23 and Appeals made under this section shall be final
24 administrative actions and shall not be subject to review by
25 the board. Final decisions of the board or any Board of
26 Adjustment and Appeals shall be based upon substantial
27 competent evidence and shall be subject to review by the
28 Florida Building Commission or the Florida Fire Marshal
29 certiorari review in the circuit court of the judicial circuit
30 in and for Pinellas County.
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 (NP) SB 1092
22-565-02 See HB
1 Section 2. If any section, subsection, sentence,
2 clause, phrase, or provision of this law is for any reason
3 held invalid or unconstitutional by any court of competent
4 jurisdiction, such holding shall not be construed to render
5 the remaining provisions of this law invalid or
6 unconstitutional.
7 Section 3. This act shall take effect upon becoming a
8 law.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
6
CODING: Words stricken are deletions; words underlined are additions.