O76-11ORDINANCE NO. 76-11
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, ABOLISHING THE BUILDING, ELECTRICAL
AND PLUMBING AND MECHANICAL EXAMLNING BOARDS
OF SAID CITY AND CREATING, IN LIeU THEREOF, THE
BUILDING BOARD OF ADJUSTMENTS AND APPEALS;
PROVIDING FURTHER FOR THE APPOINTMENT AND TERMS
OF OFFICE OF TI-IE MEMBERS OF SAID [BOARD; FURTHER
SETTING FORTH THE DUTIES AND RESPONSIBILITIES
THEREOF; AND PROVIDING FOR A SAVING CLAUSE, RE-
PEALING PROVISIONS, AUTHORITY TO CODIFY, AN
EFFECTIVE DATE AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH,
FLORIDA:
Section 1: Subsection 1 i1 of Section 5-2 of Chapter 5 of the Codified Ordi-
lances of the City of Boynton Beach, Florida, is hereby amended to read as follows:
"Section 111. Building Board of Adjustments and Appeals.
111.1 ESTABLISHED; COMPOSITION; APPOINTMENT
There is hereby created and established a board designated as the
Building Board of Adjustments and Appeals, which shall consist of five (5)
members, who shall be appointed by and serve at the pleasure of the City
Council. Said Board shall be composed of architects, engineers, general eon-
tractors and other citizens with sufficient knowledge and previous experience
in the various trades connected with the building industry to be able to serve
competently and efficiently.
111.2 TERM OF OFFICE; ALTERNATE MEMBERSL,yACANCIES
Of the members first appointed to the Building Board of Adjustments and
Appeals, one (1) shall serve for one (1) year, two (2) shall serve for two (2)
years, and two (2) shall serve for three (3) years. Thereafter, members shall
be appointed for three (3) year terms. In addition to the regular Board mem-
bers, there shall be appointed two (2) additional members to be designated as
alternate members to serve at meetings of the Board when necessary. Atternat
members shall serve for two (2) years. Vacancies shall be filled for an unex-
pired term in the manner in which original appointments are reqttired to be
made. Continued absence of any member from regular meetings of the Board
shall, at the discretion of the City Council, render any- such member liable to
immediate removal from office.
111.3 QUORUM
Four (4) members of the Board shall constitute a quorum. In varying
application of any provisions of this Code or in modifying an order of the
Building Official, affirmative votes of the majority present, but not less than
four (4) affirmative votes shall be required. No member shall act ~n a case in
which he or she has a personal interest.
111.4 ORGANIZATION
The Board shall select its own chairman and vice chairman at an electio~
beginning at date of organization~ and annually thereafter. The Building Offi-
cial 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 decisions, the vote
of each member participating therein, the absence of a member and any failure
of a member to vote.
111.5 PROCEDURAL RULES; MEETINGS
The Board shall establish rules and regulations for its own procedure
not inconsistemt wiil~ ~e provisions of this Code. The Board shall meet at
regular iniervals, to he' determined by the Chairman. or in any event, the
board shall meet within ten (10) days after notice of appeal has been received
Section 2: Subsection 112 of Section 5-2 of Chapter § of the Codified Ordi-
nances of the City of Boynton Beach, Florida, is hereby amended to read as follows:
"Section 112. Appeals to Building Board of Adjustments and Appeals.
112.1 RIGHT TO APPEAL
Whenever the Building Official shall reject or refuse to approve the
mode or manner of construction proposed to be followed, or materials to be
used in the erection or alteration of a building or szruc~ure, or when it is
claimed that the provisions of this Code do not apply, or that an equally good
or more desirable form of construction can be employed in any specific case.
or when it is claimed that the true intent and meaning of this Code or any of
the regulations thereunder have been misconstrued or wrongly interpreted,
the owner of such building or structure, or his duly authorized agent, may
appeal from the decision of the Building Official to the Building Boa=d of Adjus
ments and Appeals.
112.2 NOTICE OF APPEAL; TLME LIMIT; EFFECT
(a) Notice of appeal shall be in writing on forms 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 ($25.00)
shall accompany such notice of appeal. The notice of appeal shall contain:
(1) A clear and concise statement of the order and decision of
the Building Official sought to be reviewed and the date thereof.
(2) The reasons for which the appeal is taken and a definite and
detailed statement of the relief sought from the Building Board of Adjust-
ments and Appeals.
(3) The notice of appeal shall be signed by the appellant or his
duly authorized agenz, and it shall have appended to it copies of any
plans, drawings, rules or regulations or other documents which would
be pertinent and material to the hearing of the appeal.
(b) In case of a building or structure which, in the opinion of the
Building Official, is unsafe or dangerous, the Building Official may, in his
decision, limit the time for such appeal to a shorter period.
(c) An appeal to the Board shall not operate as a supersedeas or stay of
any proceeding or action of the Building Department in the application or en-
forcement of any provision of this Code or any of the regulations promulgated
thereunder.
2
112.3 HEARING; NOTICE
Upon the filing of an appeal, the Board shall set a date, time and place
for the.hearing of the matter to be reviewed, and notice thereof shall be given
in writing to the party appealing. At the appointed time and place, the Board
may hear and take such evidence as it feels is necessaryj 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 conduct the proceedings in such
order as would provide a fair and impartial hearing ."
Section 3: Subsection 113 of Section §-2 of Chapter 5 of the Codi~ed Ordi-
nances of the City of Boynton Beach, Florida, is hereby amended to read as follows:
"Section 113. Decisions of Building Board of Adjustments and Appeals.
(a) The Building Board of Adjustments and Appeals, when 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 Cod,
or public interest, or when, in its opinion, the interpretation of the Building
Official should be modified or reversed.
(b) A decision of the Building Board of Adjustments and Appeals to var',
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 mad~
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 and binding unless such decision is appealed to a court of law
within thirty (S0) 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
filed 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 provisien 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.
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, demolish or move any structure,
or has erected, constructed, altered, repaired, moved or demolished a build-
ing or structure in violation of a detailed statement or drawing submitted and
approved thereunder, shall be guilty of a misdemeanor. Each such person
shall be deemed guilty of a separate offense for each and every day or portion
thereof during which any violation of any of the prov~.sions of this Code 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."
3
Section §: Paragraph (18) of Subsection 82§,3 of Section §-2 of Chapter 5 of
the Codified Ordinancesof the City of Boynton Beach, Florida, is hereby amended to
read as follows:
"(18) MECHANICAL CONTRACTORS EXAMINERS BOARD
The Building Board of Adjustments and,Appeals of the City of BoYnton
Beach, Florida, s~hall Constitute the Mechanical C ,°ri!factors Examiners Board
of said City andan references to the Mechaniea! C°ntractors Examiners Board
contained in this Code shall relate to the Building Board of Adjustments and
Appea~s."
Section 6: Section 5A-19 of Chapter §A of the Codified Ordinances cf the City
of Boynton Beach, Florida. is hereby amended to read as follows:
"Sec. §A-13. Building board.
The Building Board of Adjustments and Appeals of the City of Boynton
Beach, Florida, shall constitute the Building board of said City and all re-
ferences to the Building board contained in this Code~shatl relate to the
Building Board icl Adjustments and Appeals ."
Sec~on ?: Sections 5A-14, 5A-15 and 5A-16 of Chapter 5A of the Codified Ord~
nauces of the City of Boyn~on Beach, Florida, are hereby repealed.
Section 8: Section 9-4 of Chapter 9 of the Codified Ordinances of the City of
Boynton Beach.. Florida, is hereby amended to read as follows:
"Sec. 9-4. Electrical board.
The Building Board of Adjustments and Appeals of the City of Boynton
Beach, Florida, shall constitute the Electrical board of said City and all re-
ferences to the Electrical board contained in this Code shall relate to the
Building Board of Adjustments and Appeals."
Section 9: Section 9-14 of Chapter 9 of the Codified Ordinances of the City of
Boynton Beach, Florida, is hereby amended to read as follows:
"Sec. 9-14, Revocation or suspension of electrical license.
(a) The Building Board of Adjustments and Appeals of the City of Boyn
ton Beach, Florida, shall have the authority, in addition to all other authority
provided for in this chapter, to subpoena anyone granted a license in accor-
dance with the provisions of this chapter. The board may revoke or suspend
any type of electrical license granted under this chapser, if found guilty o~ an~
one or more of the following acts or omissions, to wit:
Fraud to deceit in obtaining his or its certificate or licen,~se,
(!)
or both;
(2) Negligence, incompetency or misconduct in the practice of
contracting or installing electrical work contrary to the city or National
Electrio Code.
($) Fraudulent departure from or disregard of plans and speci-
fications in any material r~espect, without consent of the owner or his
duly author{zed representative. Such departure shall have to have been
approved by the building department in writing.
(b) Anyone ~vhose license has been rsvoked, may again be licensed by
applying to the board and oonforming to section 9-5 of the City Elect~cal
Code. ~'
Section ~10, Section 9-15 of Chapter 9 of the CodLfied Ordinances of the City of
Boynton Beach, Florida, is hereby amended to read as follows:
"Sec~ 9~t5. Appeals to Building Board of Adjustments and Appeals.
Any person whose application for any permit hereunder has been re-
fused, or who feels aggrieved to any decision or action of the building offi-
cial , or who may consider that the provisions of this Code do not cover the
point raised, or that any particular provision would cause manifest injury to
be done, may appeal to the Building Board of _Adjustments and Appeals ~n
writing in the manner land subj sCt to the provisions set forth in Subsection
!12 of Sec. 5-2 of Chapter 5 of this Code."
Section 11. Subsection 113 of Section 22-2 of Chapter 22 of the Codified Ordi-
nances of the City of Boymton Beach, Florida, is hereby amended to read as follows:
"Section 113..Plumbing hoard.
The Building Board of Adjustments and Appeals of the City of Boynton
Beach, Florida, shall constitute the- Plumbing board of said City and all re-
ferences to the Plumbing board contained in this Code shall relate to the Build
ing Board of Adjustments and Appeals. It shall be the duty of the Building
Board of Adjustments and _Appeals to prepare and administer examinations for
"Journeyman Plumber" whenever such examinations are not available at the
Palm Beach County Building and Zoning Department ."
Section 12. Subsection 114 of Section 22-2 of Chapter 22 of the Codified Ordi-
nances of the City of Boynton Beach, Florida, is hereby amended to read as follows:
"Section 114 Appeals to Building Board of Adjustments and Appeals.
The Building Board of Adjustments and Appeals of the City of Boynton
Beach, Florida· shall hear all appeals as set forth in the following sections."
Section 13. Subsection 115 of Section 22-2 of Chapter 22 of the Codified Ordi-
nances of the City of Boynton Beach, Florida, is hereby amended to read as follows:
"Section 115. Appellate procedure.
Whenever the Building Official shall reject or refuse to approve the
mode or manner of construction of proposed plumbing work, or of materials
to be used in plumbing work, or when it is claimed that the provisions of this
Code do not apply, or when it is claimed that the true intent and meaning of
this Code, or any of the regulations thereunder have been misconstrued or
wrongly interpreted., the owner of the building or his duly authorized agent
may appeal from the decision of the Building Official to the Building Board
of Adjusunents and Appeals in the manner and subject to the provisions set
forth in Subsection 112 of Section 5-2 of Chapter 5 of this Code"
5
Section 1~. Subsection 116 of Section 22-2 of Chapter 23 of the Codified Ordi-
nances of the City of Boynton Beach~ Florida~ is hereby amended to read as follows:
"Section 116. Decisions of the Building Board of Adjustments and Appeals.
The powers of the Building Board of Adj,ustments and Appeals of the
City of Boynton Beach, Florida, and the effect of its decisions shall be as set
forth under the provisions of Subsection- 113 of Sec.. 5-2of Chapter § of this
Code
Section 15. Separability Each of the provisions of this Ordinance are separ-
able, including word~ clause, phrase or sentence, and if any portion thereof shall
be declared invalid, the remaining portion shall not be affected but shall remain in
full force and effect.
Section 16: Authority to Codify: Specific authority is hereby granted to cod
fy and incorporate this Ordinance in the City's existing Code.
Section 17: Repealing Provisions: All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Section 18: Effective Da~e: This Ordinance shall become effective in the
manner and at the time provided by law.
First reading this l?th day of February, 1978.
Second, final reading and passage this //~ day of i~Iarch, 1976.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
~/~ty Clerk
By
/ Co~nci~man ~-