§ 9.02. Building code and Board of Rules and Appeals.

A.

Purpose.

(1)

It shall be the function of the Broward County Board of Rules and Appeals to exercise the powers, duties, responsibilities, and obligations as set forth and established in Chapter 71-575, Laws of Florida, Special Acts of 1971, as amended by Chapter 72-482 and 72-485, Laws of Florida, Special Acts of 1972; Chapter 73-427, Laws of Florida, Special Acts of 1973; Chapters 74-435, 74-437, and 74-448, Laws of Florida, Special Acts of 1974; and Chapter 98-287, as amended by Chapter 2000-141, Laws of Florida, or any successor building code to the Florida Building Code applicable to the County, as amended.

(2)

The provisions of the Florida Building Code shall be amended only by the Board of Rules and Appeals and only to the extent and in the manner specified in the Building Code. The County Commission or a Municipality shall not enact any ordinance in conflict with Chapter 98-287 and Chapter 2000-141, Laws of Florida, as may be amended from time to time.

(3)

The Board of Rules and Appeals shall conduct a program to monitor and oversee the inspection practices and procedures employed by the various governmental authorities charged with the responsibility of enforcing the Building Code.

(4)

The Board of Rules and Appeals shall organize, promote and conduct training and educational programs designed to increase and improve the knowledge and performance of those persons certified by the Board of Rules and Appeals pursuant to the Building Code and may require the completion of certain minimum courses, seminars or other study programs as a condition precedent to the issuance of certificates by the Board of Rules and Appeals pursuant to the Building Code.

B.

Effective January 1, 2003, there shall be a Broward County Board of Rules and Appeals, "Board of Rules and Appeals," composed of thirteen (13) members and nine (9) alternates as follows:

(1)

Six (6) members and three (3) alternates shall be appointed by the County Commission. Each County Commissioner shall nominate one (1) member or one (1) alternate by lot to the Board of Rules and Appeals subject to approval by a majority of the County Commission.

(2)

Seven (7) members and six (6) alternates shall be appointed by the Broward County League of Cities.

(3)

The membership of the Board of Rules and Appeals shall be comprised of one (1) of each of the following trades or groups: architect, general contractor, structural engineer, mechanical engineer, electrical engineer, master electrician, master plumber, air conditioning contractor, swimming pool contractor, roofing contractor, fire service professional, a disabled person, and a consumer advocate.

(4)

Alternate membership for the Board of Rules and Appeals shall be comprised of one (1) each of the following trades or groups: architect, general contractor, structural engineer, mechanical engineer, electrical engineer, master electrician, master plumber, roofing contractor, and a fire service professional.

(5)

No more than one (1) member and no more than one (1) alternate shall be appointed to represent the same category.

(6)

The County Commission and Broward County League of Cities shall coordinate appointments to the Board of Rules and Appeals in order to ensure they are consistent with the requirements of this Section.

(7)

Except for consumer advocates and disabled persons, all members and alternates appointed by the County Commission and the Broward County League of Cities to the Board of Rules and Appeals shall be qualified to serve on the Board of Rules and Appeals by being registered as a professional or by having been licensed as a contractor, and by having been active in their respective profession or trade for not less than ten (10) years.

(8)

Members and alternates to the Board of Rules and Appeals shall be residents of the County and shall have served in their professional capacity in the State of Florida for a period of two (2) years.

(9)

A quorum of the Board of Rules and Appeals shall consist of a majority of the total membership of the Board of Rules and Appeals, and a majority vote of those members voting on a measure shall be necessary for the Board of Rules and Appeals to take affirmative action.

(10)

All appointments to the Board of Rules and Appeals shall be for a term of three (3) years. A member shall be permitted to serve a maximum of three (3) consecutive terms. Service prior to the effective date of this Section shall be considered in determining the member's ability to be reappointed. All members and alternates shall continue in office until their successors are duly appointed.

(11)

The Board of Rules and Appeals shall adopt rules of procedure to seat alternates in the event all board members are not present for a scheduled meeting of the Board.

(12)

The County Commission or Broward County League of Cities, whichever is the appointing authority, may remove, either by its own action or upon recommendation of the majority of the Board of Rules and Appeals, any member or alternate for misconduct, incompetence, or neglect of duty.

(13)

Any vacancy occurring on the Board of Rules and Appeals shall be filled for the remainder of the former member's or alternate's term of office by appointment of the County Commission when the former member or alternate was a County Commission appointee, or by the Broward County League of Cities when the former member or alternate was a Broward County League of Cities appointee.

C.

In order to carry out the objects and purposes stated in the Building Code and in this Section of the Charter, the Board of Rules and Appeals shall employ administrative and clerical personnel as shall be required to perform the duties and functions provided in the Building Code and in this Section of the Charter. The Board of Rules and Appeals shall determine in its sole discretion those positions which shall be subject to civil service classifications and procedures. The funding of the personnel for the Board of Rules and Appeals shall be subject to the County Commission's budgetary process.

D.

In order to carry out the objects and purposes stated in the Building Code and in this Section of the Charter, the County Commission shall establish reasonable fees and charges to be collected from the above-described governmental authorities within the County. Any fees and charges paid to the County shall be deposited in a special fund for the exclusive use and benefit of the Board of Rules and Appeals.

E.

The County Commission may adopt ordinances that establish ethical standards and regulations concerning potential conflicts of interest regarding the members, alternates and staff of the Board of Rules and Appeals.

( Election of 11-6-18 )