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MEMORANDUM


TO:
Honorable Chairperson and Members
Board of County Commissioners
SUBJECT: Substitute Ordinance Amending
FROM: Steve Shiver Chapter 8 Related to Qualification
County Manager

OTHER

This substitute ordinance differs from the original in that it includes corrections in cross-references to Chapter 8CC, Civil Penalties.

STAFF RECOMMENDATION
It is recommended that the Board approve the attached substitute ordinance amending Chapter 8 of the Code of Miami-Dade County.

MANAGER'S BACKGROUND
As you are aware, the 2000 Florida Legislature enacted the Florida Building Code, effective January 1, 2002. At the July 10, 2001, Commission Meeting, the Board adopted Ordinance 01-112 repealing the South Florida Building Code and conforming building code administration and enforcement provisions to the requirements of the Florida Building Code.
At the public hearing, concerns were raised regarding the qualification requirements for enforcement personnel. As a result of such concerns, the ordinance was approved with the exception of Article II. The issue was referred to workshop to receive further input from municipalities and other affected parties. On August 22, 2001, a public workshop was held in which stakeholders expressed concern over the proposed modifications contained in the language removed at public hearing. While many of the concerned parties were present, building and design professional associations were not adequately represented. Subsequently, representatives of these groups have expressed concern regarding the language endorsed by workshop attendees and the potential impact to the industry.
This issue was presented to the Developmental Progress Advisory Committee ("DPAC") at its meeting of October 24, 2001 to continue the discussions. Due to the substantial professional opinions related to this topic, it is recommended that subsequent discussions take place, through DPAC, enabling the affected parties sufficient opportunity for comment.
Due to the short time frame for the implementation of the Florida Building Code, the proposed ordinance is offered to carry over the current South Florida Building Code qualification and certification requirements of code enforcement personnel. This ordinance will ensure the continued level of protection currently in effect until such time that an appropriate amendment can be recommended.
FISCAL IMPACT
There is no fiscal impact to Miami-Dade County or the municipalities as the provisions of this ordinance are currently in effect.

TITLE
ORDINANCE ADOPTING AND ENACTING EXISTING PROVISIONS FOR CERTIFICATION AND RECERTIFICATION OF CODE ENFORCEMENT PERSONNEL TO EXTEND BEYOND THE EFFECTIVE DATE OF FLORIDA BUILDING CODE; CONFORMING REFERENCES TO BUILDING CODE; CREATING ARTICLE II OF CHAPTER 8 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. Chapter 8, Article II of the Code of Miami-Dade County, Florida, is hereby created as follows:

Article II adopts and enacts in its entirety existing Section 201 of the South Florida Building Code, as amended, dealing with the powers, duties and certification of Building Officials and code enforcement personnel. References to the South Florida Building Code shall refer to the Building Code. Cross-references in Chapter 8CC of this Code shall be amended to conform to the provisions of this ordinance.


Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any Sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate work.

Section 4. This ordinance shall become effective on the effective date of the Florida Building Code.