§ 28-47. Board of rules and appeals.

(a)

General. The county board of rules and appeals is the construction regulation board entrusted with overseeing the uniform enforcement of the building code and maintaining the proper standard of construction. The board of rules and appeals shall have exclusive jurisdiction in the city with respect to its powers, duties and functions.

(b)

Membership. Membership of the board of rules and appeals shall be as follows:

(1)

The board of rules and appeals shall contain 19 members, both professional and nonprofessional.

a.

The professionals shall be represented by the following disciplines:

1.

Two architects;

2.

Two general contractors, each of whom shall be experienced in residential and commercial construction, respectively;

3.

One roofing contractor;

4.

One structural engineer;

5.

One mechanical engineer;

6.

One electrical engineer;

7.

One mechanical master or mechanical contractor;

8.

Two representatives of the fire services;

9.

One electrical master or electrical contractor; and

10.

One plumbing master or plumbing contractor.

b.

The board of rules and appeals shall also have six nonprofessional persons, including:

1.

One representative of the disabled community;

2.

One representative of the South Florida Building Trades Council;

3.

Two persons nominated by the Miami-Dade County League of Cities, Inc.;

4.

One developer; and

5.

One representative of a homeowner association, who shall be qualified by training or experience to pass on matters pertaining to construction and shall not be related directly or indirectly to the construction industry.

With the exception of the representatives of the fire services and the elected officials of a municipality nominated by the Miami-Dade County League of Cities, Inc., no member of the board shall be an officer, agent or employee of the county or any municipality governed by this Code. All members of the board of rules and appeals except the nominee of the Miami-Dade County League of Cities, Inc., shall have been active in their respective profession, trade, or occupation for not less than ten years.

(2)

All members shall be residents of and have their principal business within the county. The membership of the board of rules and appeals should be representative of the community at large and should reflect the racial, gender, and ethnic make-up of the community.

(3)

The members who are architects or engineers shall be qualified by being currently registered in the state and having practiced as architects or engineers within the county for not less than ten years immediately preceding their appointment.

(4)

The members who are general contractors shall be qualified by having a current certificate and having been certified by the state or by the county as general contractors for not less than ten years immediately preceding their appointment. The member who is a roofing contractor shall be qualified by having a current certificate and having been certified by the state or by the county as a roofing contractor for not less than ten years immediately preceding his/her appointment.

(5)

The members who represent the fire service shall be state currently certified firefighters and shall be qualified by knowledge and expertise in the area of life-safety including but not limited to the rules and regulations of the state fire marshal, NFPA 101, the means of egress requirements of the Florida Building Code, and other fire safety codes.

(6)

The member nominated by the Miami-Dade County League of Cities, Inc., shall be an elected official of a municipality organized and existing under the laws of the state.

(7)

The members who are masters shall be qualified by being active in their trade for a period not less than ten years and having a current certificate as master or contractor issued by the county or by the state construction industry licensing board.

(c)

Appointment.

(1)

The members of the board of rules and appeals shall be nominated and appointed by the board of county commissioners, each to select one member to occupy positions in the board of rules and appeals, with the remaining six members to be nominated and appointed by the board of county commissioners as a whole. The board of county commissioners may also remove members of the board of rules and appeals.

(2)

Board of rules and appeals members shall be appointed for a term of three years except that to fill a vacancy or to provide continuity of the board of rules and appeals in general, such appointments may be for a term of less than three years. No board of rules and appeals member shall serve for more than three full consecutive three-year terms. The chairman of the board of rules and appeals shall not serve for more than three one-year terms.

(3)

A vacancy in the membership of the board of rules and appeals occurring during a term shall be filled by appointment of an individual representing the same trade, profession or occupation as the vacating member, who shall also meet the requirements for appointment to the position. Such interim appointment shall be for the remainder of the term.

(4)

Members shall serve without compensation but shall be entitled to reimbursement for necessary expenses in the performance of their official duties upon approval of the board of county commissioners.

(d)

Powers and duties.

(1)

The board of rules and appeals shall be the board of appeals for decisions of building officials throughout the incorporated and unincorporated areas of the county. The board of rules and appeals shall hear all appeals from the decisions of the building official wherein such decision is on matters regulated by the building code from any person aggrieved thereby. Application for appeal shall be in writing and addressed to the secretary of the board of rules and appeals. The board of rules and appeals shall have the power to affirm, modify or reverse the decision of the building official wherein such decision is on matters regulated by the building official.

(2)

The board of rules and appeals shall pass on all matters pertaining to the building code and referred to the board of rules and appeals by the secretary to the board of rules and appeals or any building official for interpretation or clarification. The board of rules and appeals may interpret the provisions of the building code to cover a special case if it appears that the provisions do not definitely cover the point raised, or that the intent of the provision is not clear, or that ambiguity exists in the wording; but it shall have no authority to grant variances where the building code is clear and specific.

(3)

The board of rules and appeals, upon direction of the board of county commissioners, or upon its own initiative, shall conduct investigation into the enforcement of the building code, and shall have the power to suspend or revoke any permits issued thereunder and reinstate and/or administratively close suspended permits 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.

(4)

The board of rules and appeals shall be the local construction regulation board authorized and entitled to deny, suspend, revoke or condition the authority of contractors certified or registered to obtain permits throughout the city, all in accordance with the provisions of F.S. § 489.113(4)(b). The chair of the board of rules and appeals shall appoint a panel of at least three board members to serve as a probable cause panel in connection with those proceedings. The probable cause panel shall conduct a hearing pursuant to notice for the purpose of determining whether the report or complaint of the secretary to the board of rules and appeals establishes that probable cause exists to support the requisite elements for suspension or revocation of permitting privileges as set forth in this section. If the probable cause panel finds no such cause, the case shall be dismissed without further action of the board. If the probable cause panel finds cause, it shall instruct the secretary to notify the contractor to appear before the board not sooner than 20 days from the date of service of the letter to show cause why their permitting privileges should not be suspended or revoked.

(5)

The board of rules and appeals may recommend to the elected officials any desired amendments or revisions to the building code.

(6)

The board of rules and appeals shall have the duty to accept, review and approve or disapprove applications for certification and recertification as a condition of employment or continued employment by any inspection authority regulated by this Code in accordance with article II of this chapter. The board of rules and appeals shall also have the authority to suspend or revoke the certification of enforcement personnel for failure to meet the minimum qualifications set forth in article II of this chapter.

(7)

When it is deemed necessary by the board of rules and appeals, 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 personal appearance at a specific board of rules and appeals meeting or for written analysis of the specific problem. The board of rules and appeals may establish panels of industry, either standing or temporary, for technical analysis of specific subjects.

(8)

The board shall, upon application from any person aggrieved hereby, hear appeals of the decisions of its product review committee. The board of rules and appeals shall have the power to affirm those decisions and by two-thirds vote of the members to modify or reverse the decisions of its product review committee.

(9)

The board of rules and appeals shall be the countywide review board established in the Florida Building Code to review amendments to the Florida Building Code for a determination of such amendment's compliance with the provisions of law. The board of rules and appeals shall, upon petition by any substantially affected party, conduct a hearing to determine whether the amendment complies with the provisions of the Florida Building Code.

(10)

The board of rules and appeals shall review, approve, reject or condition the use of construction products, materials, and assemblies as permitted by law, all in accordance with the administrative order governing product approval to be approved by the board of rules and appeals. The board of rules and appeals may delegate, by rule, its product approval function to a committee of the board of rules and appeals, to be established in accordance with this section. The committee shall consist of not fewer than seven members of the board of rules and appeals, one of whom shall be a nonprofessional person. A minimum of five members of the committee, including the nonprofessional person, shall constitute a quorum for product approval decisions if so authorized by the board of rules and appeals.

(11)

From the effective date of the ordinance from which this section is derived, the authority of the board of rules and appeals is retained by the board of county commissioners. By exception, the authority conferred upon the board of rules and appeals by subsection (d)(9) of this section relating to challenges of amendments effected by the board of county commissioners, shall be exercised solely by the board of rules and appeals.

(e)

Conduct of board of rules and appeals meetings and hearings.

(1)

Meetings of the board of rules and appeals shall be held at the call of the chairperson and not less frequently than once per quarter. Notice of hearing shall be provided to parties with an interest in the matter at issue.

(2)

The board of rules and appeals shall elect a chairperson and vice-chairperson and such other officers as may be necessary from among its members. Terms of officers so elected by the board of rules and appeals shall be for one year. A detailed record of all proceedings shall be kept on file in the office of the secretary to the board of rules and appeals.

(3)

The board of rules and appeals may establish rules and regulations for its own procedure. For the conduct of its meetings the board of rules and appeals shall use Robert's Rules of Order or Mason's Rules of Order.

(4)

All hearings shall be open to the public, and any given person whose interest may be affected by the matter on appeal shall be given an opportunity to be heard.

(5)

The hearing shall be informal and need not be conducted according to technical rules relating to evidence and witnesses. 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 that might make improper the admission of such evidence over objection in civil actions.

(6)

Witnesses may be sworn and subpoenaed by the board of rules and appeals in a like manner as they are by the courts in the county.

(7)

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.

(8)

The rules of privilege shall be effective to the same extent that they are now, or hereafter may be, recognized in civil actions. Irrelevant and unduly repetitious evidence shall be excluded.

(9)

A simple majority of the appointed members of the board of rules and appeals shall constitute a quorum. Decisions of the board of rules and appeals shall be made by the vote of a majority of members present who constitute a quorum. The board of rules and appeals shall reach decisions without unreasonable or unnecessary delay, but in no event shall a decision be made later than 120 days following the initial hearing on the matter unless a report indicating the reason for an additional delay is provided to the board of county commissioners.

(10)

Written notice of board of rules and appeals decisions shall be signed by the secretary and shall be filed with the secretary and furnished to the appellant within ten days of the board of rules and appeals' action and to other persons appearing before the board of rules and appeals upon request.

(11)

All affected parties shall take immediate action in accordance with decisions of the board of rules and appeals.

(f)

Duties of legal counsel. It shall be the duty of the attorney for the authority having jurisdiction, when so requested, to appear at all hearings before the board of rules and appeals and to represent and advise the board of rules and appeals.

(g)

Review of board of rules and appeals decisions. Appeals of decisions of the board of rules and appeals within the review jurisdiction of the state building commission shall be to the state building commission in the manner prescribed by law. Review of other decisions of the board of rules and appeals shall be to the Circuit Court of the Eleventh Judicial Circuit in and for the county, as provided in the state rules of appellate procedure for judicial review of administrative action.

(County Code, § 8-4)