THE FLORIDA BUILDING CODE - City of Coral Springs

113.11.2 A clear and concise statement of the subject to be
decided on appeal sufficient to put the said governing body
on notice so that they may defend their interpretation of this
Code.
113.11.3 The notice shall be sent by certified mail with return
receipt and by facsimile with a receipt showing delivery
by noon, or by personal delivery by noon at least nine (9)
days prior to the hearing. The Board in its discretion may
require a specific form for this notice. For an appeal to be
valid a written rejection from the denial authority having
jurisdiction shall be included with the appeal. The denial
authority has the obligation to response in writing to a potential
appellant.
113.11.4 The appellant shall also file a copy of his/her notice
of Appeal with the Secretary of the Board at the same time
that he/she notifies the governing body and said Secretary
shall deliver to each member of the Board a copy of the notice
with sufficient time before the hearing for the Board
members to study the dispute. Procedure for Appeals may
be changed from time to time by the Board if they deem it
necessary for the benefit of the public. Whenever feasibly
possible, the Chief Inspector involved in the appeal shall
present the jurisdictions position and justifications for the
appeal to the Board meeting.
113.11.5 Notwithstanding, and in addition to, the jurisdiction
of the BORA created by Chapter 71-575, Laws of Florida,
Building Code as applicable to Broward County may be
enforced by injunctive proceedings, or other appropriate
legal proceedings, in the appropriate court having jurisdiction
thereof, upon petition or complaint filed by the BORA,
which is hereby granted the power to sue and be sued, or by
any aggrieved person, any interested citizen, citizen’s association,
corporation or other business entity if any elected or
appointed Officials named in Section 3 of Chapter 71-575
or any Building Official fails or refuses to comply with said
Code.
Broward County Board of Rules and Appeals
Effective Date: March 15, 2012
113.11.7 Suspension of Certification Requirements. During
an emergency period proclaimed by the Governor, the
Chairperson of the BORA or designee may temporarily suspend
the Broward County certification requirements for all
individuals Certified by the State of Florida, Department of
Business and Professional Regulation, BCAIB as Building
Code Administrators, Plans Examiners and Inspectors. The
length of time that this suspension will be in effect will be
for an initial period not to exceed ninety (90) calendar days.
The BORA may extend this period if conditions warrant.
This temporary suspension of the certification requirement
shall not apply to an individual being hired on a permanent
basis.
113.12 Powers:
113.12.1 The BORA may interpret the provisions of the
Code to cover a special case if it appears that the provisions
of the Code do not definitely cover the point raised or that
the intent of the Code is not clear or that ambiguity exists in
the wording: but it shall have no authority to grant variances
where the Code is clear and specific.
113.12.2 The use of alternate materials or types of construction
not clearly comparable with the materials and types of
construction specified in the Code may not be granted by the
BORA; but the Board, if favorable to such use, may amend
this Code to make such use lawful.
113.12.3 The Board shall have the power to affirm, modify
or reverse the decision of the Building Official wherein such
decision is on matters regulated by this Code.
113.12.4 The Board shall have the powers as specified in
Section 116, “Unsafe Structures and Equipment.”
113.12.5 The BORA shall have the power to suspend or revoke
permits, as specified in Paragraph 105.13.4.
113.11.6 Certification of Building Official, Assistant Building
Official/ Code Administrator, Chief Electrical Inspector,
Electrical Plans Examiner, Electrical Inspector, Chief Mechanical
Inspector, Mechanical Plans Examiner, Mechanical
Inspector, Chief Plumbing Inspector, Plumbing Plans Examiner,
Plumbing Inspector, Roofing Inspector, Roofing Inspector,
Chief Structural Inspector, Structural Plans Examiner,
Structural Inspector, Fire Marshal/Fire Code Official,
Fire Plans Examiner, and Fire Inspector: The BORA shall
have the duty to accept and review applications and to certify
or refuse to certify applicants for Building Official, Assistant
Building Official, Chief Electrical Inspector, Electrical
Plans Examiner, Electrical Inspector, Chief Mechanical
Inspector, Mechanical Plans Examiner, Mechanical Inspector,
Chief Plumbing Inspector, Plumbing Plans Examiner,
Plumbing Inspector, Roofing Inspector, Chief Structural
Inspector, Structural Plans Examiner, Structural Inspector,
Fire Marshal/Fire Code Official, Fire Plans Examiner,
and Fire Inspector to be employed by any inspection
authority regulated by this Code.
113.12.6 When it is deemed necessary by the Board, it may
request experienced and technical advice on any specific
subject or subjects from any qualified person or persons, and
such request may be for attendance at Board Meetings or for
written analysis of the specific problem. The Board may
establish Panels of Industry, either standing or temporary,
for technical analysis of specific subjects.
113.13 Reciprocity:
113.13.1 The BORA shall have the authority to meet with
similarly constituted and authorized boards for the purposes
of discussion, decision and similar matters of area-wide industry
concern.
113.13.2 Decisions of the majority of all members at joint
meetings as referred to herein, shall not be binding on the
BORA. The decisions of joint meetings with other boards
may be accepted or rejected or accepted with modifications.
2010 FBC — Building 1.46
Broward County Administrative Provisions