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Ordinance 83-16ORDINANCE 83- 16 COLLIER COUNTY BOARD OF ADJUSTMENTS AND APPEALS AN ORDINANCE AMENDING THE "COLLIER COUNTY BUILD- ING CODE," BY ESTABLISHING A BOARD OF ADJUSTMENTS AND APPEALS FOR THE COLLIER COUNTY STANDARD BUILDING CODE, COLLIER COUNTY ELECTRICAL CODE, COLLIER COUNTY FIRE PREVENTION CODE, COLLIER COUNTY GAS CODE, COLLIER COUNTY MECHANICAL CODE, :~: I~OLLIER COUNTY PLUMBING CODE, AND COLLIER COUNT~" SWIMMING POOL CODE; PROVIDING FOR DEFINITIONS;,'~ PROVIDING FOR STANDARD APPEAL PROCEDURE; PROVIDING~,~ AUTHORITY TO ACCEPT APPEALS PURSUANT TO INTERLOCAL~ AGREEMENTS BETWEEN COLLIER COUNTY AND INDEPENDENT ~ tO FIRE DISTRICTS; PROVIDING FOR DECISIONS OF THE~ BOARD OF ADJUSTMENTS AND APPEALS; PROVIDING FOR~ '-~ CONFLICT AND SEVERANCE; PROVIDING AN EFFECTIVE~ DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA: The Collier County Building Code, Chapter 7, Article I, of the Collier County Code of Laws and Ordinances, is hereby amended to include and establish the Board of Adjustments and Appeals as follows: SECTION ONE: PURPOSE The purpose of this ordinance is to establish a board to be called the Board of Adjustments and Appeals through which an owner of a building or structure, or his duly authorized agent may appeal the rejections or refusal of the Building Code Compliance Director or the Public Safety Administrator to approve the mode or manner of construction proposed to be followed or materials to be used in the erection or alteration of that building or structure, or when it is claimed that the provisions of the Collier County Standard Building Code, Collier County Electrical Code, Collier County Fire Prevention Code, Collier County Gas Code, Collier County Mechanical Code, Collier County Plumbing Code or Collier County Swimming Pool Code do not apply, or that an equally good or more desirable form of construction can be employed in a specific case, or when it is claimed that the true intent and meaning of such codes or any of the regulations thereunder have been mis-constructed or wrongly interprete~ by the authority having Jurisdiction. SECTION TWO: DEFINITIONS Authority having Jurisdiction - the authority having Jurisdiction shall be defined as the Building Coda Compliants Director or the Public Safety Administrator or their designee. The Building Code Compliance Director shall be responsible for codes related Co new construction and cbs Public Safety Administrator shall be responsible for codes related co existing buildings. SECTION THREE: APPEALS 1. - ESTABLISt~2IENT OF BOARD OF ADJUSTMENTS AND APPEALS A Board of Adjustments and Appeals is hereby established consisting of five (5) regular members appointed by the Board of County Commis- sioners. The Board of Adjustments and Appeals shall consist of members engaged in the following occupations who by reason of education, exper- ience, and knowledge are deemed Co be competent to sit in Judgement on matters concerning the Collier County Standard Building Code, Collier County Electrical Code, Collier County Fire Prevention Code, Collier County Cas Code, Collier County Mechanical Code, Collier County Plumbing Code, and Collier County Swimming Pool Code: one S~ate Licensed architect or one structural engineer; one Class "A" general contractor; one State Certified fire protective equipment contractor or State Certified Fire Fighter with the rank of Lieutenant or higher or State Certified Fire Safety Inspector with the rank of lieutenant or higher; one licensed electrical contractor; and one licensed plumbing or mechanical contractor. The members shall serve for a term of four years, except for initial appointees who shall serve as follows: two for a term of one year; two for a term of two years; one for a term of three years. 2. - QUORUM Three (3) members of the board shall constitute a quorum. In varying the application of any provision of the Collier County Standard Building Code, Collier County Electrical Code, Collier County Fire Prevention Code, Collier County Gas Code, Collier County Mechanical Code, Collier County Plumbing Code and Collier County Swimming Pool Code or in modifying an order of the authority having Jurisdiction, an affirmative vote of not less ~han three (3) board members shall be required. 3. - RECORDS The authority having Jurisdiction of the decision on appeal shall act as Secretary of the Board of Adjustments and Appeals and shall make a detailed record of all its proceedings which shall include, but shall not be limited to, all appeal decisions, the reasons for its decisions, the vote of each member participating therein, the absence of a member and any failure of · member ~o vote, 017 c llO A. - GENERAL PROCEDURE The Board of Adjustments and Appeals shall establish rules end regulations for its own procedure not inconsistent wi~h the provisions of the Collier County Building Code. The board shall meet within fifteen (15) days after any notice of appeal has been received in order co hear such appeal. 5. - STAI~DARD APPEAL PROCEDUREI TIME LI~ITi FEE (a) Whenever the authority having Jurisdiction shall reject or refuse to approve the mode or manner of construc~ion proposed to be followed or materials to be used in the erection or alteration of a building or structure, or when it is claimed that the provisions of the Collier County Standard Building Code, Collier County Electrical Code, Collier County Fire Prevention Code, Collier County Cas Code, Collier County Mechanical Code, Collier County Plumbing Code or Collier County Swimming Pool Code do not apply, or that an equally $ood or more desirable form of construction can be employed in any specific case, or when it is claimed thac the true in~ent and meaning of the Collier County Standard Building Code, Collier County Electrical Code, Collier County Fire Prevention Code, Collier County Cas Code, Collier County Mechanical Code, Collier County Plumbing Code or Collier County Swi=ing Pool Code or any of the resulacions thereunder have been mis-construed or wrongly interpreted, ~he owner of such building or structure, or his duly authorized agent, may appeal from the decision of the authority havin~ Jurisdiction to the Board of Adjustments and Appeals. ~otice of appeal shall be in wrtttn~ and on appeal forms provided by the authority having Jurisdiction. Notice of appeal shall be filed et the Building Code Compliance Department within thirty (30) days after the decision to be appealed is rendered by the authority having Jurisdiction, except as set forth in the Interlocal Asreemen~ Appeals Procedure. A fee of $150.00 (One Hundred Fifty Dollars) shall accompany any such notice of appeal filed pursuant to this section. (b) In the case of a building or s~ructure which, in the opinion the authority havin~ Jurisdiction, is unsafe or dangerous, the authority having Jurisdiction may, in a written order to the owner, limit the maximum time period for filing such appeal t~ a shorter period, but in no even~ shall the appeal period be less than I0 days. 6. - INTERLOCAL AGREEHENT A~PEAL PROCEDURE The Board of Adjustment and Appeals is hereby authorized to accept appeals and render decisions thereon, pursuant to Interlocal AGreements between Collier County and Independent Fire Districts which have entered into such agreements. The basis for such appeals and the time limits applicable to filing such appeals shall be as set forth in, and in accordance with, the Interlocal AGreement. With regard to all other procedural requirements, such appeal shall adhere to the standard opera- ting procedures and policies of the Board of Adjustments snd Appeals. ?. - DECISIONS OF THE BOARD OF ADJUSTHEI~TS AND APPEALS (a) The Board of Adjustments and Appeals, when so appealed to and after a hearing, may vary the application of any provisions of the Collier County Standard Building Code, Collier County Electrical Code, Collier County Fire Prevention Code, Collier County Gas Code, Collier County Hechanical Code, Collier County PlumbinG Code or Collier County Svimmin8 Pool Code to any particular case when the Board deter~ines that the enforcement thereof would do manifest injustice, and would be contrary to the spirit and purpose of the code or public interest, or when, the Board determines that the interpretation of the authority havinG Juris- diction should be modified or reversed. (b) The Board of Adjustments and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay, but in no case shall a decision be rendered more than )0 days from ~be hearing on the appeal. (c) A decision of the Board of Adjustments and Appeals to vary the application of any provision of applicable codes or to modify an order of the authority having Jurisdiction shall specify in what ~nner such variation or modification is made, the conditions upon which it is made, and the reasons thereof. (d) Every decision of the Board of Adjustments and Appeals shal~ be final, subject however to such remedy as Collier County, any o~n~er, or aggrieved party pursuant to an Interlocal Agreement, might bays at law or in equity. The decision shall be in writing and shall indicate the vote %. of each member upon the decision. Every decision shall be promptly, filed in the office of the authority having Jurisdiction and shall be open to public inspection. A certified copy shall be sent by mail or otherwise to the appellant within 15 days fro= the date of such decision and a copy shall be kept publicly posted in the office of the authority having Jurisdiction for two weeks after filing, (o) I[ a decision of the Board of Adjustments and Appeals reverses or modifies a refusal, order, or disallowance of the authority having Jurisdiction or varies the application oi any provision of applicable codes, the authority having Jurisdiction shall immediately take action in accordance with such decision. SECTION FOUR: CONFLICT AND SEVERAiqCE In the event this ordinance conflicts with any other ordinance of Collier County or other ;pplicable lay, the =ore restrictive shall apply. · .'~ *, ~. .- ~:. , If any phrase or portion of this ordinaoce is held invalid or unconsti- ': tutional by ~ny court of competent'Jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding. ~hall not affec~ the validity of the remaining portion. SECTION FIVE: EFFECTIVE DATE This Ordinance shall become effective upon notice that it has been received by the Office of the Secretary of State. PASSED ~ND DULY ADOPTED by the Board of County Commissioners 22nd dsy of March , 1983. of Collier County, Florida BOARD OF COLq{TY CO.~flSSIONERS COLLIER COUNTY, FLORIDA ATTESTED: WILLIAM J. REAGAN, CLERK Approved as to form and legal suffici, ency: County Attorney This orflinance filed with~the Secretary of State's office the 2ath day* March, 1983 and acknowledg~_nt of that filing, received this 30th day of March, 1983. Virgiaf~ Magri, Deputy ~lerk STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLiA~ J. REAGAg, Clerk ot Courts fn and for the Twentieth Judicial Ci£cuit, Collier County, Florida, do hereby certify that the forego!ng Is a true original of: ORDI~A%~CE NO. 93-16 which was ~dopted by the aoerd of County Com~IssfonDrs during Regular Session the P2nd day of ~arch, 19~7. County Commissioners of Collier ~ounty, Florida, this 23r~ day ot ~aJch, io~3.