78-78 ORDINANCE NO. 78-78
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9,
"BUILDING CODE" OF THE CODE OF ORDINANCES BY
ENACTING A NEW ARTICLE IV ESTABLISHING A BOARD
OF CONSTRUCTION APPEALS TO HEAR APPEALS CONCEP~-
ING INTERPRETATION OR ADMINISTRATION OF THE PRO-
VISIONS OF CHAPTER 9, "BUILDING CODE"; CHAPTER
13, "ELECTRICITY"; AND CHAPTER 21, "PLUMBING";
ESTABLISHING AN APPEALS PROCEDURE; REPEALING
SECTIONS OF THE AFOREMENTIONED CHAPTERS ESTAB-
LISHING AND GIVING POWERS TO THE BUILDING CODE
APPEAL BOARD, ELECTRICAL EXAMINING BOARD,
PLUMBING BOARD, AND STANDARD .MECHANICAL EXAMINING
BOARD; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, there are presently a number of boards determining mat-
ters involving the construction industry, including the Building Code
Appeal Board, Plumbing Board, Standard Mechanical Code Board, and Elec-
trical Examining Board; and,
WHEREAS, it has been determined by the City Council of Delray
Beach that the functions of these Boards could be better performed by a
consolidated Board of Construction Appeals,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 9, Section 9-1 of the Code of Ordinances
is hereby repealed and a new Section 9-1 is enacted to read as follows:
Sec. 9-1. STANDARD BUILDING CODE ADOPTED BY REFERENCE AS
AMENDED BY THE DELRAY BEACH SUPPLEMENT.
(a) The 1976 edition of the Standard Building Code, as
compiled by the Southern Building Code Congress, of
which not less than three (3) copies have been and
are now filed in the office of the City Clerk of the
City of Delray Beach, Florida, is hereby adopted and
incorporated as fully as if set forth at length
herein, except those sections repealed in subpara-
graph (b) and except as amended in Section 9-1.2.
(b) That Sections 111, 112, and 113 of the above referred
to Standard Building Code, pertaining to the Board
of Adjustment and Appeals are hereby repealed.
(c) Appeals concerning interpretation or administration
of the provisions of the Standard Building Code as
adopted herein, shall be heard by the Board of
Construction Appeals established in Chapter 9, Article
IV of the Code of Ordinances of the City of Delray
Beach.
Section 2. That Chapter 9, Section 9-2 of the Code of Ordinances
is hereby amended to read as follows:
Sec. 9-2. STANDARD MECHANICAL CODE ADOPTED BY REFERENCE; FEES.
(a) The 1976 edition of the Standard Mechanical Code is
hereby adopted as the mechanical code for the City
of Delray Beach except for Section 106.3 - Schedule
of Permit Fees and as amended herein.
(b) Section 110 of the above referred to Standard
- Mechanical Code, pertaining to the Standard
Mechanical Code Board and Appeals, is hereby
repealed.
(~) Appeals concerning interpretation or administration
of the provisions of the Standard Mechanical Code as
adopted herein shall be heard b~ the Board of
Construction Appeals established in Chapter 9, Article
IV of the Code of Ordinances of the City of Delray
Beach.
(d) Present subsection (b) is relettered as subsection (d).
Section 3. That Chapter 13 of the Code of Ordinances is hereby
amended by repealing present Section 13-2 and enacting a new Section 13-2
to read as follows:
Sec., 13-2. APPEALS
Appeals concerning interpretation or administration of
the provisions of Article I of this chapter shall be heard
by the Board of Construction Appeals established in Chapter
9, Article IV of the Code of Ordinances of the City of
Delray Beach.
Section 4. That Chapter 21 of the Code of Ordinances is hereby
amended by repealing Section 21-3 and enacting a new Section 21-3 to read
as follows:
Sec. 21-3. APPEALS
Appeals concerning interpretation or administration of
the provisions of this chapter shall be heard by the Board
of Construction Appeals established in Chapter 9, Article
IV of the Code of Ordinances of the City of Delray Beach.
Section 5. That Chapter 21, Section 21-4 is hereby repealed.
Section 6. That Chapter 9 of the Code of Ordinances is hereby
amended by adding a new Article IV establishing the Board of Construction
Appeals which Article shall read as follows;
ARTICLE IV
BOARD OF CONSTRUCTION APPEALS
A. The City Boards formerly created under the City Code
Chapters set forth opposite each Board are hereby
abolished and a consolidated Board in lieu thereof is
hereby established as set forth in paragraph lB hereof.
Said consolidated Board shall have the rights, powers,
privileges and duties set forth in this ordinance.
1. Building Code Appeal Board Chapter 9
2. Standard Mechanical Code Board Chapter 9
3. Electrical Examining Board Chapter 13
4. Plumbing Board Chapter 21
B. Membership and Qualifications.
The Board of Construction Appeals shall consist of nine (9)
members appointed by the City Council. The membership shall
be comprised of two general contractors, one master plumber,
one architect, one master electrician, one air conditioning
contractor, one sign contractor, one real estate broker or
insurance agent and one professional engineer.
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Ail members shall reside in or have their principal place of
business in Delray Beach. All members shall be active in
their respective profession or trade.
Members of the Board shall serve without compensation but
'shall be entitled to reimbursement for necessary expenses
incurred in the performance of their official duties upon
approval by the city Council.
C. Terms of Office.
The members of the initial board shall serve for the following
term: Three members for one year, three members for two years,
and three members for three years. As the terms of the initial
board members expire, Council shall appoint a member to fill
each vacancy for a term o£ three years. Any member of the
Board may be removed from office by a majority vote of the
City Council. Any vacancy occurring during the unexpired te~m
of office of any board member shall be filled by the City Coun-
cil for the unexpired term within sixty (60) days after the
vacancy occurs.
D. Organization of Board.
1. The Board shall elect a chairman and vice-chairman and
other officers as may be necessary from among its members
Terms of all officers shall be for one year.
2. The City Building Official shall serve as secretary to
the Board but shall have no ~ote. The secretary shall
make a detailed record of all proceedings of the Board.
The City Building Official shall be permitted to designat~
a staff member to serve in his stead.
E. Meetings.
1. The Board shall hold not less than 4 regular meetings
each fiscal year.
2. Meetings shall be called by the chairman of the Board
and in his absence by the vice-chairman of the Board
or may be called by the secretary.
3. All minutes of board meetings shall be public records
except those portions which are of a confid~ential nature.
All minutes and records of the Board shall be kept in the
office of the City Building Department, or in such other
· I
location as the Director of that department may designate
4. Five voting members of the Board shall constitute a quoru~
at any meeting. No action of the Board shall be taken on
any matter except upon the concurring vote of not less
than five members of the Board.
F. Promulqa.ti.ng Rules, Examining Witnesses.
The Board may make rules and regulations consistent with the
general policies of this Article, as it may deem necessary to
carry out the provisions of this Article, said rules and regu-
lations to be subject to the approval of City Council. The
Board shall have the power to subpoena witnesses and administe]
oaths 'in accordance with established law pertaining to said
actions.
G. Rights, P.owers., Privileges and Duties.
1. Appeals
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Appeals to the Board of Construction Appeals may be
taken by any person aggrieved or by any officer or
bureau of the governing body of the City affected by
any decision of the Chief Building Official concern-
ing interpretation, administration, or enforcement of
the provisions of the following chapters of the Code
of Ordinances: Chapter 9, "Building Code"; Chapter 13,
"Electricity"; and Chapter 21, "Plumbing".
It is the intent of this ordinance that all questions
of interpretation, administration and enforcement
shall first be presented to the Chief Building Official,
and that said questions shall be presented to the Board
of Construction Appeals only on appeal from the Chief
Building Official. Said appeals shall be taken within
a reasonable period of time, not to exceed thirty (30)
days by filing with the Chief Building Official and
with the City Clerk a notice of appeal specifying the
grounds therefor. The Chief Building Official shall
forthwith transmit to the Board all papers constituting
the record on which the action appealed from was taken.
2. Hearings.
The Board of Construction Appeals shall fix a reason-
able time for the hearing of the appeal, give public
notice thereof, as well as due notice to the parties
in interest, and decide the same within a reasonable
time. At the public hearing, any party may appear in
person or be represented by an agent or attorney.
3. StaY of Proceedings.
An appeal stays all proceedings in furtherance of the
action appeal from, unless the Chief Building Official
from whom the appeal is taken certifies to the Board
of Construction Appeals after the notice of appeal is
filed with him that by reason of facts stated in the
certificate, a stay would, in his opinion, cause
imminent peril to life or property. In such case,
proceedings shall not be stayed other than by a
restraining order which may be granted by the Board of
Construction Appeals or by a Court of Record.
4. Decisions.
In exercising its powers, the Board of Construction
Appeals, so long as said action is in conformity with
the terms of existing ordinances, may reverse or
affirm, wholly or partly, or may modify the order,
requirement, decision or determination appealed from
and may make such order, requirement, decision or
determination as should be made, and to that end shall
have powers of the Chief Building Official from whom
the appeal is taken.
Section 7. That should any section or provision of this ordi-
nance, any portion thereof, any paragraph, sentence, or word be declared by
a Court of competent jurisdiction to be invalid, such decision shall not
affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 8. That this ordinance shall become effective ten days
after passage on second and final reading.
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PASSED AND ADOPTED in regular session on second and final reading
on this the 4th day of Decomber , 1978.
ATTEST:
City Clerk
First Reading November 13, 1978
Second Reading December 4, 1978
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