TITLE
ORDINANCE REPEALING CODE PROVISIONS RELATING TO THE PROFESSIONAL CERTIFICATION PROGRAM; PROVIDING FOR AN ADMINISTRATIVE ORDER TO IMPLEMENT AN ALTERNATIVE PERMITTING PROCESS UNDER STATE LAW; ESTABLISHING GUIDELINES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
WHEREAS, the Board of County Commissioners adopted Ordinance No. 01-113 which in part created a process for the expedited permitting of construction; and

WHEREAS, the Florida Legislature, in its session of the year 2002 enacted a General Law amending the Florida Building Code; and

WHEREAS, this state law created Section 553.791 of the Florida Statutes establishing an alternative permitting process utilizing professional architects and engineers to provide plan reviews and inspections; and

WHEREAS, the newly enacted provisions of state law supersede the provisions of Ordinance No. 01-113 in regard to the alternative permitting process established therein;

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. Section 2-1265 of the Code of Miami-Dade County is repealed in its entirety and reserved.

Section 2. Article LXXXVI of Chapter 2 of the Code of Miami-Dade County is amended to read as follows:1
>>Sec. 2-1266. Administrative Order
The provisions of state law governing the alternative plans review and inspection process utilizing licensed professional engineers, registered architects and building code inspectors and plans examiners certified under Chapter 468 of the Florida Statutes shall be implemented through an administrative order to be approved by the Board of County Commissioners.

The administrative order shall also contain provisions for an optional expedited plan review service to be implemented by the Building Department which shall contain a fee for such optional service. Any fee owner of a building electing to use a private provider to perform building inspection services as provided for under state law must use the private provider to provide both plans review and inspection services.<<

Section 3. 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 4. 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 part of the Code of Miami-Dade County. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article" or other appropriate word.

Section 5. This ordinance shall become effective on October 1, 2002 unless vetoed by the Mayor, and if vetoed shall become effective only upon an override by this Board.

Section 6. This ordinance does not contain a sunset provision.

HEADER
TO: Honorable Chairperson and Members DATE:
Board of County Commissioners



FROM: Steve Shiver SUBJECT: Ordinance Regarding Permit County Manager Processing Alternatives

STAFF RECOMMENDATION
It is recommended that the Board approve the proposed ordinance amending Chapter 2 of the Code of Miami-Dade County to repeal provisions related to the County's professional certification program and provide for an administrative order governing the alternative plans review and inspection process under State law and optional expedited plan review service.

MANAGER'S BACKGROUND
Under the Florida Building Code, the Building Official was granted the authority to issue permits and provide for inspections based upon the performance of these services by registered architects and licensed professional engineers. This optional permitting process alternative was designed to expedite the permit issuance and inspection process for those who elected to utilize it. On July 10, 2001, the Board adopted Ordinance No. 01-113 to establish a professional certification program in the County in accordance with the Florida Building Code. This ordinance implemented the State law requirements and established controls and parameters to guide the Building Official in its administration.

In its 2002 session, the Florida Legislature enacted General Law 2002-299 which established an alternative permitting process similar to the County's professional certification program utilizing licensed professional engineers, registered architects and state-certified building code inspectors and plans examiners to provide plan reviews and inspections. The new state law will go into effect on October 1, 2002.

Since the newly enacted state law supersedes the provisions of the Code in regard to the alternative permitting process, the proposed ordinance repeals the section in Chapter 2 of the Code of Miami-Dade County, which established the County's professional certification program. In addition, a new section is being added to Chapter 2 to provide for an administrative order to implement the alternative plans review and inspection process established under State law and maintain the Building Department's existing optional expedited plan review service through an administrative order.

FISCAL IMPACT

This Ordinance providing for the implementation of the state law governing an alternative plans review and inspection process may have a potential fiscal impact. However, the extent of any such impact is unknown at this time.