§ 18-34. Board of adjustments and appeals.

(a)

Authority; purpose. This section is enacted under the home rule authority of the county for the purpose of adopting a code to regulate and prevent fire hazards in the county and, further, to establish professional qualifications for members of a board of adjustments and appeals which shall be known as the Orange County Fire and Life Safety Code Board of Adjustments and Appeals as established by this chapter.

(b)

Creation; qualifications of members. There is hereby created the County Fire and Life Safety Code Board of Adjustments and Appeals. In addition to the powers and duties given to the Fire and Life Safety Code Board of Adjustments and Appeals in the Fire Prevention Code, the board shall have those powers and duties as set forth in this section.

(c)

Eligibility requirements . All members of the board appointed hereunder shall comply with the qualification and eligibility requirements set forth in section 2-206, chapter 2, article VI of this Code. Pursuant to section 2-204(a)(1) of the advisory boards ordinance, all members shall be nominated by the membership and mission review board. The board of county commissioners shall review the nominations and appoint the members.

(d)

Composition of membership. The board shall consist of seven (7) members. The members shall be actively engaged in their respective disciplines or professions during their tenure as members. The composition of the membership shall be as follows:

(1)

One (1) member shall be a state-certified general contractor unlimited;

(2)

One (1) member shall be a state-registered architect;

(3)

One (1) member shall be a state-registered engineer;

(4), (5)

Two (2) members shall be selected from citizens at large or from the listed disciplines; and

(6)

One (1) member shall be a professional fire and casualty insurance executive who is experienced in risk management, fire and casualty underwriting or loss adjustment or related fields; and

(7)

One (1) member shall be an individual who is experienced in Florida Fire Alarm Contracting or related fields.

(e)

Terms. Except as provided at subsection (f), all members shall serve three-year terms beginning on January first, and they shall serve not more than two (2) consecutive terms. After a member completes his second consecutive term, he shall not be eligible to serve as a member.

(f)

Initial terms. Each member shall serve a term of three (3) years.

(g)

Meetings; quorum. The board shall meet regularly at least once a month if there are agenda items to be heard by the board, or it shall meet specially as may be called by the chief fire marshal. A quorum shall consist of four (4) members.

(h)

Secretary; duties, etc. The secretary of the board shall be a person designated by the chief fire marshal. The secretary shall be responsible for keeping written minutes at each meeting, making an audiocassette tape of each meeting, recording the vote of each member, the absence of any member, and any failure of a member to vote, and filing and retaining the decisions of the board.

(i)

Chairperson, vice-chairperson . At its first meeting each year, the board shall elect a chairperson and vice-chairperson. They shall each serve two (2), one-year terms and no more.

(j)

Absence from meetings. Any member who is absent from three (3) consecutive regular meetings or twenty-five (25) percent of the regularly scheduled meetings in any calendar year shall be automatically suspended and replaced.

(k)

Removal. All members of the board serve at the pleasure of the board of county commissioners and may be removed without cause and without entitlement to a hearing upon a vote of five (5) members of the board of county commissioners.

(l)

Chief fire marshal to attend. The chief fire marshal or his designee shall attend all meetings of the board.

(m)

Powers and duties of board. The board shall have the following powers and duties, subject to the procedures as may be set forth in this article II of chapter 18:

(1)

To hear any appeal from a decision of the chief fire marshal as to the application or interpretation of any state fire safety statute, rule or regulation;

(2)

In order to meet special situations arising from historic, geographic or unusual conditions, with respect to a building or structure which is subject to the uniform fire safety standards mandated by F.S. § 633.022, to authorize equivalent alternative standards for such building or structure, provided the alternative requirements shall not result in a level of protection to life, safety or property less stringent than the applicable uniform fire safety standards;

(3)

To establish alternative requirements to those requirements which are required under the minimum fire safety standards mandated by F.S. § 633.025, on a case-by-case basis, in order to meet special situations arising from historic, geographic or unusual conditions, provided the alternative requirements result in a level of protection to life, safety or property equal to or greater than the applicable minimum fire safety standards. (The term "historic" means that the building or structure is listed on the National Register of Historic Places of the United States Department of the Interior);

(4)

To review and propose amendments to the fire prevention code in effect in or applicable to the unincorporated area of the county and any other laws, ordinances and regulations in the Orange County Code pertaining to fire prevention and protection;

(5)

To act as a liaison between the county government and the fire and casualty insurance industry;

(6)

To establish rules and regulations for the conduct of its business.

(n)

Appeals from final decisions by chief fire marshal. The time and procedure for filing a notice of appeal from a final decision by the chief fire marshal shall be the same as may be set forth in the Florida Fire Prevention Code.

(o)

Quasi-judicial hearing procedures.

(1)

Notice. A quasi-judicial hearing before the Fire and Life Safety Board of Adjustments and Appeals may be held at any time after not less than ten (10) days' notice by mail to the address given to the fire rescue department by the appellant or applicant.

(2)

Hearing, rules of evidence . The formal rules of evidence shall not apply during quasi-judicial hearings, but fundamental due process shall be observed and govern the proceedings. The chairperson of the Fire and Life Safety Code Board of Adjustments and Appeals shall have the authority to designate evidence as irrelevant, immaterial or unduly repetitious and exclude such evidence accordingly. However, all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, regardless of whether 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 to be provided by an architect or engineer registered in the state, in which case it shall be signed and sealed.

(3)

Hearing testimony. Any member of the Fire and Life Safety Code Board of Adjustment and Appeals or the attorney representing the board may inquire of or question any witness before the board. Any member of the board, an appellant or his attorney, an applicant or his attorney, and/or the chief fire marshal shall be permitted to inquire of any witness before the board. The board may consider testimony presented by the chief fire marshal, the appellant, the applicant or any other witness.

(4)

Decision. The Fire and Life Safety Code Board of Adjustments and Appeals shall reach a decision in every case, regardless of whether it is quasi-judicial or quasi-legislative in nature, without unreasonable or unnecessary delay. Each quasi-judicial decision of the board shall include the reasons for the decision. Each decision of the board shall be promptly filed in writing with the secretary of the board and shall be open to public inspection. A copy of each decision shall be sent by mail to the appellant or the applicant, whichever is applicable. Each decision of the board shall be final, and no rehearing shall be allowed, unless a quorum of the board directs the appellant or applicant to reappear at a future board hearing.

(p)

Appeals of final orders. An aggrieved party may appeal a final order of the board, other than a final order concerning Uniform Fire Safety Code application, or a state fire safety statute, rule or regulation, by filing a petition for writ of certiorari with the circuit court for Orange County no later than thirty (30) days after the final decision is rendered. An aggrieved party may challenge a final order of the board concerning application of the Uniform Fire Safety Code, or a state fire safety statute, rule or regulation, to the state fire marshal pursuant to state law.

(Code 1965, § 6-20.5; Ord. No. 83-38, §§ 1, 3, 9-19-83; Ord. No. 88-8, §§ 1—4, 7-25-88; Ord. No. 90-08, § 1, 5-14-90; Ord. No. 91-2, § 16, 1-15-91; Ord. No. 92-36, § 3, 11-10-92; Ord. No. 93-02, § 2, 1-19-93; Ord. No. 2001-22, § 3, 11-27-01; Ord. No. 2005-12 , §§ 2, 6, 9-20-05; Ord. No. 2009-07 , § 4, 3-24-09; Ord. No. 2014-27 , § 4, 10-14-14; Ord. No. 2018-07 , § 4, 2-20-18)

Cross reference

Boards, commissions, authorities, etc., § 2-136 et seq.