THE FLORIDA BUILDING CODE - City of Coral Springs

proceedings shall be kept on file in the office of the Secretary.
The Board shall establish rules and regulations for its
own procedure.
113.8.3 Hearings
113.8.3.1 All hearings shall be open to the public, and any
person whose interest may be affected by the matter on appeal
shall be given an opportunity to be heard.
113.8.3.2 The hearing shall be informal and need not be
conducted according to technical rules relating to evidence
and witnesses.
113.8.3.3 Any relevant evidence shall be admitted if it is the
sort of evidence on which responsible persons are accustomed
to rely in the conduct of serious affairs, regardless of
the existence of any common law or statutory rules which
might make improper the admission of such evidence over
objection in civil actions.
113.8.3.4 Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall
not be sufficient in itself to support a finding unless it would
be admissible over objection in civil actions.
113.8.3.5 The rules of privilege shall be effective to the
same extent that they are now, or hereafter may be, recognized
in civil actions, and irrelevant and unduly repetitious
evidence shall be excluded.
113.8.4 Conflict of Interest: No member of the Board shall
sit as a voting member in any hearing involving any question
in which he has personal or financial interest.
113.8.5 Quorum: Eleven (11) members of the Board shall
constitute a quorum. Decisions shall be reached by the majority
of those present.
113.8.6 Written notice of Board decision shall be furnished
to the appellant when requested.
113.8.7 When an appeal of a decision of a Building Official/Fire
Code Official or his/her subordinate has been filed
with the BORA, that Building Official/Fire Code Official or
his/her designated representative shall be responsible to (1,
2, 3, or all):
113.8.7.1 Respond to the BORA in writing defending
his/her decision and/or interpretation, within 5 (working)
days.
113.8.7.2 Attend the Board meeting when the appeal is on
the agenda.
113.8.7.3 Take immediate action in accordance with decision
of the BORA. Immediate action shall be that a Certificate
of Completion, Temporary Occupancy, or a Certificate
of Occupancy shall not be issued until compliance
with the decision of the Board has been completed.
Broward County Board of Rules and Appeals
Effective Date: March 15, 2012
Exception: For fire related appeals only, see FFPC.
113.9 Duties:
113.9.1 Appeal from decision of Building Official, Assistant
Building Official or Chief Inspector: The Board shall
hear all appeals from the decisions of the Building Official,
Assistant Building Official or Chief Inspector wherein such
decision is on matters regulated by this Code from any person,
aggrieved thereby, and specifically as set forth in Section
104.32, “Alternate Materials, designs and methods of
Construction and equipment.” Application for Appeal shall
be in writing and addressed to the Secretary of the Board.
113.9.2 Interpret code at request of Building Official, Assistant
Building Official, Chief Inspector, Fire Code Official
or the staff of the BORA: The Board shall pass on all matters
pertaining to this Code and referred to the Board by the
Building Official, Assistant Building Official, Chief Inspector
or staff of the BORA for interpretation or clarification.
113.9.3 Investigate Enforcement: The BORA, upon the
request of any person charged with the responsibility of enforcing
the Code, or upon its own initiative, shall conduct
investigation into enforcement of this Code, and shall have
the power to suspend or revoke any permits issued thereunder,
after a hearing at which interested persons may appear
and be heard and evidence indicates that the best interests of
the public are served by such action except in regard to the
qualifications of the applicant for permit.
113.9.4 Report and Recommendations:
113.9.4.1 The BORA may recommend to the elected Officials
of the jurisdictions adopting this Code ordinances
prescribing the fee for examinations, permits, inspections
of boilers and elevators, the testing of materials, and all
other such work required by the Building Code.
113.9.4.2 The BORA shall make any desired amendments
or revisions to the Code.
113.10 Cost of appealing to Board: Any person who appeals to
the BORA for a decision on any matter within its jurisdiction is
required to pay a fee of fifty dollars ($50) to the Secretary of the
BORA, and said person shall further guarantee payment of all
expenses for necessary tests made or ordered by said Board to
ascertain whether the request of the applicant has any merit.
113.11 Procedure for Appeals: Any person aggrieved by anyone
enforcing this Code who desires to appeal to this Board shall first
contact the Secretary of the Board for a date or his Appeal to be
heard. A notice of Appeal shall be sent to the governing body of
the jurisdiction wherein the dispute arose and said notice shall
contain the following:
113.11.1 The time and date of the hearing.
2010 FBC — Building 1.45
Broward County Administrative Provisions