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Building Brd of Adj and Appeals _ - , . • , I, i: 1 . .,..-. i . II • .. , ' I : • ; ORDINANCE NO..:7.01-11 . • . ,., AN ORDINANCE,OF,THE;CITY OF I BOYNTON BEACH, FLOP,IDA.„ Ar3gpoING tg.H . BUILDING, ELECTRICAL . AND PLUMBING AND MECHANICAL EXAMINING BOARDS OF SAID 1'Tt .*p:oRBAVINO;:IN T.413::TilEOPP THE BOILIOQ'BOAR,D.0Ap,tus770:154's AND APPEALS, N • , • . , , i!1.1()yiptnpk:1:041':.kigg FOR, THE /0.p.op0Ei;iv .4k? TERMS .-..p...,,, OF OFFICE OF Vi:lt 10iogit0;.p.r.,ssity,igYAnb; FURTHER, : ETTINO.FORTIII,':Tis*DPIW A . i 1 RESPONSIBILITIES 1. . TT.,w4g0 :,:A0,ii*pylj)kilO:P.Mi,A SAVING CLAUSE, RE- PEALING:*)y40*;'..Avvi-Oiwtt6pOinTt, AN EFFEttTIVEDATE,AND FOR OTHER Ft:ROSES; ,,•;.,-, . ,.,. BE IT ORDAINED BY THE.dry. COUNCIL OF THE CITY,OF BOYNTON BEACH, t----------J I FLORIDA: 1;1 ,t. . Section li Subsection 111 of:Section 5-2 of Chapter 5 of the Codified Ordi- nances of the City of Boynton:Beach, Florida, is hereby amended to read as.follows: .",Section 111.: Building Board of Adjustments and Appeals.. I , :,.s • • 111.1 ESTABLISHED; COMPOSITION, APPOINTMENT I: , . 11,4, • There is hereby created.and established a board designated as the • J.1,111 1 • Building,Boar(kof Adjuannents.and Appeals, which Shall consist of five (5) illg, members, who shall be appointed by and serve at the pleasure of the City , 11,'F• •LCouncil.; Said Board shall be composed of architects; engineers, general con- II:' I;I,— • ,• il • tractors and,other citizens with sufficient knowledge and previous experience in the various trades connected withthe building industry to be able to serve competently and effiCientlY. i•'t . i.III 111,2 TERM OF OFFICE; ALTERNATE MEMBERS;_VACANCIES 1.,•il Of the;members fi.rst appointed to the Blinding Board-of Adjustments and Appeals, one (1) Shall:server for one (1): year, two (2) :shell serve for two (2) years, and two (2), shall serve for three (3) yeara. Thereafter, members shal, 4: be appointed for three (3) year terms. In addition:to the regular Board mem- lif.i 1 •I hers, there shall be appointed two (2) additional members to be designated as . , : alternate members to serve at Meetings of the Board When necesdary. Alternaft- . •. members shall serve for.two :(2) '7,•ea..ra. Vacancies shall be filled for an unek- ilii II' pared term:in the manner in Which original appointments are required to be •.,, it*, made. Continued absence of any member from regular meetings of the Board • 1 i I shall, at the discretion of the City,Council, render any such member liable to immediate removal from office. 14/ 4 I 111:3 QUORUM .•. • S . . .. : , . , . • . . . . . . • . . . • . • : . • . . . • . . . • . . : . • • • ,,•:,•..... . . . 111.4 ORGANIZATION: • • . . . . . :. • . • , • . . • . . . . . . . .. . . . . • : :The g!:) .to. shall select.its:9Wri chairman. and vice ChairMan:sat:•an.electio beginning at date of orgardzatiOn; and arinnallY.thereafter:: .The iBuilding Offil-, • . dal Shill.act4S-SeCretary of:440::1300,(5.:and.:$110.0. 14ake.a detailed record of all • , .. ,. .. . . . •of its proceedings which Shall'Setforthsthe reasons fOi.. its decisions, the vote , , . of each member participating:therein,. the absence Of;a member ad any failure of a Member.to,Vote. ! . . • • : • • . . • • 1. . . . . . . .: . . .. . • ! . . • . . • ' .111.5 .PROC.WURAL,RULES,. MEETINGS - • • ' . . 1 ..% ..,, •. , . . 7 • ,. . x'''',. . ' • 1 . : • • • The Board shall establish rules and regulations for;its own;procedure .: l• . . not inconsistent..vii*tall:4:.:00V;101:ciiis.of this Code The Board shall meet:at• -.• • regular intervals, hY':tlie.Ohaiitrian,, oria•any..ev•Oilt, the : • ; , . ., ,,. . • • , • board shall*O0t:-10th*,:t0# ::(10). days after#otice...of,appeal has been received . • • , ' :':. • Section. 2:. 18tilbsatioti.;f 112 of:SeCtiOn. 51.of.Chapter,5•Of the Codified Ordi- nances of the City:ofBoyntoril3ea6h, Florida., is hereby:amended to read as follows: ;,-,,4„ • • . . • . • "Section 112 Appeals to:Building Board :Of Adjustments :and Appeals. • • ! . . : 1 1:12A ; .. ..RIGHT .TO. APPEAL . . 1 • . . . !,, . 1 • . • Whenever the Building Official shalt reject,or refuse to approve the •' : IV . i!4! • : mode or manner of construction proposed to '06'f011oWed,..Or materials to be • r"-• . used in the:ereCtiOn:or alteration of a building or structure, or when it is iliVi i : claimed that the pro:visions of this Code do not apply, or.that an equally good 1. • • •, or more desirable form of construction can.bo.erriployed in any specific*case, 1 'I''',1' • , . Or.when it is claimed that the true intent and.Meaning of this.Code i or•al?. ,, of 111 : the regulations thereunder have been misconstruedor wrongly interpreted, il' li: • 1 iikl i • i the owner of such building or structure, or his duly'authorized age0,*ay. 1 appeal from the decision Of the Building Official to the Building Board of Adjus:7 k,„•• ; merits and Appeals:. + '. • : • • . . • • .1 1 ow 1 ._ 112.2 NOTICE OF: APPEALS .TINIE.LIMIT; ;EFFECT I k.,i,,, . . • • : +(a)* Noticeof appeal shall be in writing on fornIs prescribed by'the ' Board and filed within thirty•(30) days,after the decision is rendered by the Building Official.' A filing fee in the amount of Twenty Five Dollars ($ 5.00) shall accothpany, such riotice of sappeal. The noticeofappeal shall contain • SS 1 r'l • tli t I " (1) A clea,r and concise ataternentof the order and deciSion of ' . the Building Official sought to be reviewed and the date thereof. 1.. • 1 . 1 1 . s i .(2) The:reasons for which the appeal istaken and a definite and.di 1 detailed.stateinent of the relief sought from the,Building Board of Adju•st . . 1'4''' • ! il. • mentth arid.Appeals. • . . . !! . 1 ; • . . . • .: N1;---r • 11 .. . . (3) The notice of,appeal, shall be signed by the sappellant or his 1M : i f1111 ; ,1,171,7 -q q1C.C1:11.1+ r+A ,+ c'kol 1 11o:cram clervrNesvi el tz:el i-eN .4 4. news-1'4=1a esc 61,1NT i • : : I " - • 112.3 HEARIG; NOTICE Upon the filing of ati,appe4,: the Board shall set:a:date, time and place for the hearing of the Matter to be reviewed and' s notice thereof Shall be given • . I in writing to the party 4pealingAt the appointed time and place,:the Board May hear and talpk.suCh•evidence as it feels necessary,• and the proceedings shall be conducted in the manner prescribed by the rules and regulations of , the Board.; or; in lieu thereof,, the Board may conducttheproceedings an such I order as would provide a fairand impartial Section 3; Subsection 113 of Section 5-2 of Chapter 5 of the Codified Ordi- nances of the City of Boynton Beach, Florida, is hereby amended to read as follows: "Section 113. Decieions. of Building Board of Adjustments and Appeals. (a) The Building:Board of AdjUstmentsand Appeals, when so appealed. :11 111.; • to and after a hearing, may vary the application of any provision of,this Code - to any particular case when, in its opinion, the,enforcement thereof Would do • manifest injustice, and would be contrary to :the spirit and purpose of this Cod, or public interest, or when, in its opinion, the interpretation of the Building Official should be modified or reverthea. (b) A decision of,the Building:Board of AdjuStnientw and Appeals to var sit the application of any provision of this Code or to modify an order of the Build ing Official shall specify in what manner such variation or modification is. math, the conditions upon which it is.made and the reasons therefor• . (c) Every decision of.the Building Board of Adjustments and'Appeals . : shall be final anctbinding unless such decision is appealed to a court of law within thirty (3()'days from the date it is rendered.. It shall be in writing and shall indicate the vote upon the deCision. Every decision shall be promptly flied in the office:of the Building Official, and:shall be open to public inspec- tion; a:copy shall be sent by mail or otherwise to the aPPelant. (d) The Building Board of Adjustments and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. (e) If a decision of the Building Board of Adjustments and Appeals re- verses or modifies a refusal, order, or disallowance of the Building Official,- Or varies the application of any provision of this Code', the Building Official shall immediately take action in accordance with such deciSion." • Section 4: Subsection 114 of Section 5-2 of Chapter 5 of the Codified Ordi- nances of the City of Boynton Beach, Florida, is hereby:amended to read as follows: "Section 114. Violations and] penalties. ;I !: Any:person; firm, corporation or agent who shall violate a provision Inf e ne-1 f1 fn nnrrt:ni +11 crnA+1-1 nes. liri•4 o n•F:44-ver. •rz.,-c:1:1 incern mon+ • 1 1 Section 5Paragraph (18) of Oubsection 825.3 of Section 5=2 of Chapter 5 of . : I,,the.Codified:Ordi iai ces'.of the City of Boynton E:?ach,;Florida, is hereby amended;to , :..read••as`follows : . ' li " (-18) .MECIiANICAL: CONTRACTORS: EXAMINERS'BOARD :: il i! .• f A A eals of=tle:,Cit of.B ton. ,:'`. i.�. . . : rig::;Baard:�o,: dj�stix�ents:::�:�id:;..pp: y; oY�?. I,I, the:M °an: ca3 C':;�?,t Tactors:E .niin:ersB:oard`. B'eaaki,';FI.�r�da:;,'shall:;coistitttte. ech . '.: of said City:and.s1l:;refereiic'es,to::the,Meehameal..;Co'ritractors:;:Examiners..Board • • . . :ii contained =n• this Code'-stall relate:to:.tYe.Biding Board-of Adustments and .1 II'i Appeals:ii l! II " Section...8: : Section'.5A=13 of Chapter 5A of the Codified:Ordinances of the:City • .-: . II 9f Boynton-Beach Florida,.is hereby amended to:read:;;as•follows: 1111 "Sec. '5A-13:.'.'Building:.board. li The Builoing;Board:of Adjustments:and Appeals of the City of Boynton. li : Beach, Florida,°sha3.lconstitute the Building.board;of said City and:all re- ferences to:the Building board contained :in::this Codee:shall relate to the • : ft ill. e . .,. : .. . . III1 ; ! Building Board of Adjustments and Appeals.' . 1; '] Section 7 Sections 5A-14, 5A-15. and 5A-16 of Chapter 5A of the Codified Ordib I" ' nances of the City of Boynton Beach, Florida, are hereby repealed.::., IS Ij Section8:: Section9-4of Chapter9ofthe Codified ordinances of the. City ofIHI j Boynton $each, Florida, •is.hereby amended to read':as follows: •, it , ;: "Sec. 9�4. Electrical board. • - :• i... . The Building Board of' Adjustments and Appeals,of the. City of Boynton • 1 ._ i' Beach, Florida, shall constitute the Electrical board of said City and all.•re 1 1 ferences :to::the Electrical board contained in this Code shall relate to the • Building Board of Adjustments and Appeals."` ,I l Section .9: Section:9•-3:4 ofChapter 9 ofthe Codified Ordinances of the. City of: li Boynton Beach,; Florida, is:hereby amended to read as follows: I' ±1if "Sec.. 9-14.. ,Revocation or suspension of electrical ..license. . (a) :The Building Board of Adjustizaents and Appeals of the City. of Boyne I ton Beach, Florida, shall have the aUthority, in addition to all other.authority „11 provided`for..in this:chapter, to.subpoena:anyone granted:a.licerise in:accor- II : dance.with the.:provisions of this chapter. The.board•may revoke or suspend I,. arae:type of`electrical license.granted under this chanter.. if found guilty of any ., . . • . • . . • • . . . . . .. -.. . . .. .. •••• • • . li , ; . • . .. . .. . __ . . . .. . . . ' • • . , • I . ' • • • . . • • . . . • •+ • • • . . . . " . . .• . . • . . . • •. . .• . . ; . . ' 11. • • . • . • .. . . .• . . . • • • ' . . • • • • - • li . • . . i• • • • • • • . • I; . •i . . . .•• •. . I• . . .•. . . .. . . . • . • .. .. ii . " •• . . H. ..•• . . . . ;- .:,,...: (3): Fr?.udnientideparture from.or.disregard of plans and speci- li ' . . . . . . . . . . . . . • l• '.-•••• •• •.• .:' 400.1-40$4.#'4#37.:.' .:{1i.4:01-4'--#94POP-i'i...:Niithbut:..pOnSent.'ef•sthe:Owner.:Orhis• ••.• • • . . . 4 .. • - . . • .11 •' ..; ,• duly-authorized:representative•;"••*Such:departurO-shall.have to have be•• . . . • . . approved;by the.b.u.Ildin.,g:,department.in writing. , . . • • .. ..:• . -•, • - ... il . . , . . . . . ... . . .. . • • . • •; •• • • •• ••• . • •.• • •. .. , • • .• •. ..• 11, :. .• • . • : . (b) ,AtiS79'4! :*.34Q.0•41-000,fe,'40*f?.904.:.0Y044.., #1;ay p.ga:i.p..1?e,lic.ensOd by . • 1. • . . applyiti•g:.to the board and tonfOrraingto.-.SebtiOn1-5c of the City tlectridal. •.• I, -Ii;.:. • : .. !!. . Code,". • ''' • . . I• • • • " :•••i•.!• . : )!i . .. ••..;:f.:.• : .:!• • " III 1 : ,:. ...• Section 10 SectiOn :915:Of•ChaPter 9:of,th0..cdifie.d.:OridinanaeS.of:•the.City of' ••• . ...,. • -. . . ?,1 BoysnionBeach•,,Florida, is hereby •amended•to read as.follows: . . . , •. , • . • 1••:-:11. • ... : • : li . 4 . .. .. . . . • . . .. . . . • •,_•• • li8.ed'...0415•.. :•Appeals:-to Building•:Board.of...A4i1E40en ..and.:?A*POo.,1 •.•: . ' .• • 4..1'• • 1..44,: : . . . • .. . . . .• . .. • -• 11 . . Any person whose!applic.atidn, for .anyperrnit:heroUndOr.1146.boon..re- 4. . . • . •. ,••. ... ..: • .• .• : .J, • ;••. . • ftis ed; or.who feels aggrieved to,.a.ny..deciaiOn•or.1action of the bUilding.offi- • '.11 . . . . iff. • •• . •• .• • dial. ,. Or who•may consider that•the.4;•provisiOns:Of.1thiS Code; do not cover the.• :' ilit. - ••. 1, . . .. .. .. ,. .. its: • ' • • • • •1• • pointraiSed'•* or. hp.t.atiy'vattiptt.lar provision would Cause:manifest•injury to.. .i. ,.444. • • 1; .be done, may appeal..t ..tiio:Iiiiiiaiig.P.00..c1:Of Aci-i140nents:ja.14.41313P40::.in....: : writing in it.le'liip.nnPi * ,4,subject to..th6;iii.8.0.p.io4o set forth in Subsection . • ..I - . . 112.of Sop.•.57.2:Of chapter.5-of this Code. . - • ; •..:::. .: . . • . •: • • : . • • . • . , • • .. • . . . . .. .1i f:. • '.. : . ••• .. .1 ... .. . Section•f')..1.;i, .-Subsection•;113 of Section. 22-2.of Chapter-22.of;the•Codified Ordi- nances:df:ith0..P.5:ty•44P!byx#91"1.Boach, Florida, is*hereby:athended to:road'aS.follows: . • • 1. . . . - • . . . • • . . . .. o'.• "Section.113,• Plumbing board. .•• • • • • • • . . . 44 . • .• .• . • • . . . . • • . ,;1•i. • • .. : .... .. .• • . . . 4, • .. i . . ..• . ThO..BUilding.iBbard of Adjustments:and Appeals of the City of Boynton . . . Beach,.Florid?, shall constitute the PlUnthing.board•.of said City:and all re- • • 1:!• ;. . . . • - • . 9. . - kerencee..tolthe Plumbing board contained in.this Code•Shall relate to the'Build-r• 1, 1. . • ' ing•sts( 0.;.cf•Adjustments and Appeals. 'It'Shall'be the duty of the Building • • 44. 4 • 1 • '. . '11 . Board.of.A.djustraents. and Appeals:to prepare and administer..examinations.for• ... 1 4: • • •' • "JoUrneYinan•PlUM tier,"•whenever.such examinations are loot available at the. '41 .• • .11 .I.• • :1 •Palm Beach:CoUnty.Building and Zoning Departnlent..1' .. • • • : . . . . . , . . . .• .. . • . •. . j • .1.- ' . SectiOn.;;12•,.. Subsection 114 of Section 22-2 of Chapter 22 of the Codified Ordi- nances!of the:.City.of Boynton Beach, Florida,..is 4eteipy... 4mplicled.sto:read as follows • • • . . . • • . . . . . . . : -•I • • • I 1. . . , . . . . . . . . . . . • • 'Section .114. . Lapeals to Building:Board. of Adjustments.;and'AppPPla... . •.. . . . . . . , • ' • - • • ! 1 •„ . . .. •. -, • . .1! • . . . 5^4.:101BuildingBoard•of.AdjUatonts and.Appeals of the City of Boynton .• ti. • . . . .. • 1 ' - Beach, Florida ..:.shall hearall appeals as set sforth in thefolloWing.soctidns." : 1:.;1.• . i . . . . • • • • • • - • • 1111 . . . . :. 1. Section,/3. Subsection 1/5.of•S:ectlon, 22-2 of Chapter 22 of the:Codified Ordi-.. : • !4,'," 41+-i • • i . .. . . • . . . . . . , . . . . •. . . . • ne,nos of•the City.of Boynton Beach, is heroby,aMended to:read as•follows: -41,1 • ..44. : .14 • . . . . . . . • . 4 • . . . . .. . . .. ., . sil• . ' .."Section..115...: ApPellate.procedUre. . . . • • • • . • • • it ' • . . . . . „ . • : • „ ::!! • • , . . • ' . . . . - .., . 8ection 14:. Subsection 116 of Section 22-2 of:chapter 22 of,the Codified Ord', riahees.ofthe,city of•80yrit4.13.0a64. •Florida,..is herel2Y-saPi614ed”te read as follows : '• . . ;” ectiOn'lie.::.:Decisions ,Of the*:)3uilding'Board of'.Pidjusti4ente.and:',Appeale.. .. The powers powers:9f the.Building Board of Adjustmehts and Appeals of the . •,-i . ; -:: City cf:136yri 00404.,:Florida. ;,and the effect of its decisions shall be as set :, 1 '',::: ' , '• ?is - . •.i :.•• :. : :5t>ri1.1;;;:iiiMr)*e:pciNii-41:01-i.6:Of.• tit'ae.etiiin-1.:1 '.a•-•-$04::6,41:Of:Oliai>teil.•6:.Of tiiie::, .... : Cod . , " . , - . •• SeetIOn,15...; •:.Separability.j Each of the provisions Of this:Ordinance:aro.opox.- : . . a.b16, including word,•Clause,:phrase or sentence, and.,•if'khy;pOrtiontiierOf. likl, '''''' • i be'declared invalid, the remaining portion shall not be:affected but shall reinain. in . ... full force and effect.. •• . ' 1 . . . . • ' • sseeoctiii:::.,i7.6:,:,:„i:RA;e:heo6iriinty::rocvo:Isi:oy,...; pAel.:Orfiiaixiutailoctii:STori0 parts of Ordinances in fy and incorporate this..Ordiriatice in the Cityls existing code., ' ••. , cli j . . . . •;1;• : '. conflicthel-esirith are hereby repealed. • • fik • :: ,s,otio. ,1,8: : Effective Date: This Ordinance shall become effective in the , .. ,,,,,':;r 'h*q • manner and at the time provided by la.*. [11: First reading this 17th day of February, 1976. • .: : 7 . .' i I. t;,....' 1 Second, final reading and passage this "44:day:of:March, 1676. •III.11 . . . • OIT..!. OF BOYNTON BEACH, FLORIDA i • • 1 . . • . BYLT ::**.:•'-, /la _,;?,....-L.,,,.-. :. • I : „ Mayor :i i .. • • ;i : C-,,.;•,, .':i. .' „ 3:div: •, , .// , ,,,, , .,,,-. . Vide ayor ' • * l'i • • / / 4! ,. :ix-,1•,': :i ik; II , .. . : :. •. ":Conn ..h „ : . .., , .• . •• . ..... . . . i *;•1' .,.. , ' , . _... . ,__ . . „ /3 4./1. , t.i • ...;.," e I' . • • 4 �..*_ •• _, E ''..--; TABLE OF CONTENTS ADMINISTRATIVE CODE (Applies to all Construction Codes.) Chapter 1 Administration j. Section Page 101 GENERAL__ . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..3 102 APPLICABILITY... .. 5 103 BUILDING DIVISION 8 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 8 105 PERMITS... ... ... ... ... ... ... ... ... ... 10 106 FLOOR AND ROOF DESIGN LOADS 18 107 CONSTRUCTION DOCUMENTS... 18 108 TEMPORARY STRUCTURES AND USES 29 109 FEES 30 110 INSPECTIONS... ... ... .. ... . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 31 111 CERTIFICATES OF OCCUPANCY AND COMPLETION... ... 39 112 SERVICE UTILITIES 41 113 BUILDING BOARD OF ADJUSTMENTS AND APPEALS 42 114 VIOLATIONS 44 115 STOP WORK ORDERS... ... ... 45 116 UNSAFE STRUCTURES AND EQUIPMENT 45 117 TESTS 47 118 WIND LOADS... ... ... ... ... ... ......... ... ... ............... 47 119 SEVERABILITY 47 2 SECTION 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 113.1 Appointment. There is hereby established a board to be called the Building Board of Adjustment and Appeals, which shall consist of seven members and two alternates. The applicable governing body shall appoint the Board. 113.2 Membership and Terms 113.2.1 Membership. The Building Board of Adjustment and Appeals shall consist of seven members. Such board members shall be composed of individuals with knowledge and experience in the technical codes to include, to the greatest extent possible, an architect, engineer, general contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other contractor licensed category. In addition to the regular members, there should be two alternate members, one member with the qualifications referenced above and one member at large from the public. A board member shall not act in a case in which he has a personal or financial interest. 113.2.2 Terms. The terms of office of the board members shall be staggered so no more than one-third of the board is appointed or replaced in any 12-month period. The two alternates, if appointed, shall serve one-year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Three absences of any member from required meetings of the board shall in a 12 month period, at the discretion of the applicable governing body, render any such member subject to immediate removal from office. 113.2.3 Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any provision of this code, the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In modifying a decision of the building official, not less than four affirmative votes, but not less than a majority of the board, shall be required. In the event that regular members are unable to attend a meeting, the alternate members, if appointed, shall vote. 113.2.4 Secretary of board. The building official or his/her authorized representative shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member, and any failure of a member to vote. 113.3 Powers. The Building Board of Adjustments and Appeals shall have the power, as further defined in 116.4, to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. 113.4 Appeals 113.4.1 Decision of the building official. The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the building official to the Building Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: 42 1. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case, which the building official has rejected or refused. 4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 113.4.2 Variances. The Building Board of Adjustments and.Appeals, when upon written request, has been so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. 113.4.2.1 Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. 113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the building official renders the decision. Appeals shall be in a form acceptable to the building official. 113.4.4 Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system, which in the opinion of the building official, is unsafe, unsanitary or dangerous, the building official may, in the order, limit the time for such appeals to a shorter period. 43 113.5 Procedures of the board. 113.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of the chairman. The board shall meet within 30 calendar days after notice of appeal has been received. 113.5.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed and govern the proceedings. Upon determination by the Chairperson, irrelevant, immaterial, or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonable, prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form. The Board may request certain evidence be provided by an architect or engineer registered in the State of Florida, in which case said evidence shall be signed, sealed, and dated. 113.5.1.2 Testimony. Any member of the Board or the attorney representing the Board may inquire of, or question, any witness before the Board. Any member of the Board, the petitioner or his/her attorney, and/or the building official shall be permitted to inquire of any witness before the Board. The Board may consider testimony presented by the building official, the petitioner, or any other witness. 113.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final; subject however to such remedy as any aggrieved party might have at law or in equity. SECTION 114 VIOLATIONS Any person, firm, corporation or agent who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical or plumbing system, without full compliance with applicable codes, laws, ordinances, rules and regulations, shall be guilty of a misdemeanor. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of applicable codes, laws, ordinances, rules and regulations is committed or continued, and upon conviction of any such violation such person shall be punished within the limits and as provided by state laws. Nothing in this section shall prevent the authority having jurisdiction from imposing fines, liens, or seek injunction relief, or exercising other enforcement powers as permitted by law. Code enforcement and penalties of 162 Florida Statutes Part I shall be authorized 44 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY COUNTY any • ❑COUNTY ❑OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED • MY POSITION IS: 0 ELECTIVE El APPOINTIVE • • WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. • INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143,'FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE.VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. * APPOINTED OFFICERS: • Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency: • The form must be'read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF.LOCAL OFFICER'S INTEREST I, . , hereby disclose that on , 20 (a)A measure came or will come before my agency which (check one) ❑ inured to my special private gain or loss; inured to the special gain or loss of my business associate, ; inured to the special gain or loss of my relative, • ; inured to the special gain or loss of , by whom I am retained; or inured to the special gain or loss of, ,which is the parent organization or subsidiary of a principal which has retained me. • (b)The measure before my agency and the nature of my Conflicting interest in the measure is as follows: • • • Date Filed Signature • NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.1/2000 - PAGE 2 Section 2.443 (c) Disclosure of voting conflicts. County and municipal officials as applicable shall abstain from voting and not participate in any matter that will result in a special financial benefit as set forth in_subsections (a)(1) through (7) above. The official shall publicly disclose the nature of the conflict and when abstaining from the vote, shall complete and file a State of Florida Commission on Ethics Conflict Form 8B pursuant to the requirements of Florida Statutes, §112.3143. Simultaneously with filing Form 8B, the official shall submit a copy of the completed form to the county commission on ethics. Officials who abstain and disclose a voting conflict as set forth herein, shall not be in violation of subsection (a), provided the official does not otherwise use his or her office to take or fail to take any action, or influence others to take or fail to take any, action, in any other manner which he or she knows or should know with the exercise of reasonable care will result in a special financial benefit, not shared with similarly situated members of the general public, as set forth in subsections (a)(1) through (7). To search the database to see if a form is on file with our office, please follow this link http://www.palmbeachcountyethics.com/coepubNoteConflictNoteConflictSearch.aspx Memorandum of Voting Conflict for County, Municipal and other Local Public Officers (Form 8B) WHO FILES [WHEN FILED WHERE FILED ' County, municipal, or other Within 15 days after vote With person responsible for local public officers occurs recording minutes of meeting •Additional requirements for Within 15 days after With person responsible for appointed public officers (see "participating" in matter recording minutes of meeting Section 112.3143(4), F.S.)