§ 9-4. Building codes board of adjustments and appeals ("BCBAA"); creation; membership; meetings; quorum; powers and duties.

(a)

The BCC is authorized to create a building codes board of adjustments and appeals ("BCBAA" or "board") for the purposes of securing such technical knowledge as necessary to enable the BCC to adopt reasonable rules and regulations applicable to the construction industry and to provide that the interpretation of and licensing provisions of the construction industry technical codes as adopted pursuant to this chapter and Article III of Chapter 37 shall be administered by the BCBAA.

(b)

There is hereby created the Orange County BCBAA. In addition to the powers and duties given to the BCBAA by the building code, the electrical board of adjustments and appeals in the electrical code, the mechanical board of adjustments and appeals in the mechanical code, and the plumbing board of adjustments and appeals in the plumbing code, the BCBAA shall have those powers and duties as set forth in this section.

(c)

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

(d)

The board shall consist of eleven (11) members. The members chosen from the representative professions shall be actively engaged in their respective disciplines or professions during their tenure as members. To the greatest extent possible, the composition of the membership shall be as follows:

(1)

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

(2)

One (1) member shall be a state-certified or registered residential contractor;

(3)

One (1) member shall be a state-certified or registered plumbing contractor;

(4)

One (1) member shall be a state-certified or registered mechanical contractor or mechanical engineer;

(5)

One (1) member shall be a state-certified or registered roofing contractor;

(6)

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

(7)

One (1) member shall be a state-licensed structural engineer, but need not be a civil engineer;

(8)

One (1) member shall be a state-licensed electrical engineer or state-certified or registered electrical contractor; and

(9)

Three (3) members shall be consumer representatives. Consumer representative shall mean any resident of the local jurisdiction who is not, and has never been, a member or practitioner of a profession regulated by the board or of any closely related profession.

All members of the board shall serve two-year terms to begin on January first, subject to subsection (e) below, and shall not serve more than three (3) consecutive terms.

(e)

The initial terms of the four (4) members identified in subsections (d)(1), (3), (5), and (7) above, and of two (2) consumer advocate members, shall expire one (1) year after their terms begin, and those members may not serve more than two (2) consecutive terms thereafter. The initial terms of the four (4) members identified in subsections (d)(2), (4), (6), and (8) above, and of one (1) consumer advocate member, shall expire two (2) years after their terms begin, and those members shall not serve more than two (2) consecutive terms.

(f)

All members shall be residents of the county.

(g)

The board shall meet monthly, if items are to be heard, but at least once per calendar quarter, and shall meet specially as may be called by the building official. A quorum shall consist of six (6) members.

(h)

The secretary of the board shall be a person designated by the building official. The secretary shall be responsible for keeping written minutes at each meeting, making an audio recording of each meeting, recording the vote of each member, recording the absence of any member or any failure of a member to vote, and filing and retaining the decisions of the board.

(i)

At its first meeting each year, the board shall elect a chairperson and vice-chairperson. They shall each serve a single one-year term. The chairperson (or vice-chairperson in the chairperson's absence) may only vote in the event of a tie vote by the board.

(j)

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 may be suspended and replaced.

(k)

All members of the board serve at the pleasure of the BCC 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)

The building official or a designee shall attend all meetings of the board.

(m)

The board shall have the following powers and duties, subject to the procedures as may be set forth in both this chapter and Article II of Chapter 18 of the Orange County Code:

(1)

To hear any appeal from a decision of the building official as to the application or interpretation of a technical code;

(2)

To hear any appeal from a joint decision of the building official and the fire official, which appeal shall be subject to the terms of F.S. § 553.73(8);

(3)

In the event the building official and the fire official are unable to agree on a resolution of a conflict between a building code and the fire prevention code, to resolve the conflict in favor of the code which offers the greatest degree of life safety or alternatives which would provide an equivalent degree of life safety and an equivalent method of construction;

(4)

To hear any appeal from a notice of unsafe building issued by the building official pursuant to the Orange County Code, unless otherwise provided herein;

(5)

To hear any appeal of a denial or revocation of a permit pursuant to section 9-11 of the Orange County Code;

(6)

To hear any appeal from a decision of the building official regarding an application for a certificate of competency;

(7)

To review and propose amendments to (i) the building, residential, existing building, plumbing, electrical, mechanical, gas, or other technical building and construction related codes in effect in, or applicable to, the unincorporated area of Orange County, and (ii) any other laws, ordinances, and regulations in the Orange County Code pertaining to building and construction, including those relating to swimming pools, roofing, sheet metal, and irrigation, but excluding those relating to housing, moving of structures, and/or underground utilities pipelines;

(8)

To act as liaison between Orange County government and the construction industry;

(9)

To conduct hearings on charges brought against a holder of a certificate of competency, alleging that the holder has not acted in accordance with the applicable technical code and/or this chapter, and to, upon a finding of guilt: (i) require restitution; (ii) levy an administrative fine not to exceed five thousand dollars ($5,000.00); (iii) issue a reprimand; (iv) suspend or revoke the holder's certificate of competency; (v) suspend or revoke the holder's permit-pulling privileges; (vi) direct that permits be issued to the holder with specific conditions consistent with state law; or (vii) any combination thereof. Additionally, a recommended penalty for action by the Construction Industry Licensing Board of the State of Florida Department of Professional Regulation shall be made upon a finding of guilt. This recommended penalty may include an action of no further action, or a recommendation for suspension, revocation, or restriction of registration, or a fine to be levied by the state construction industry licensing board, or a combination thereof;

(10)

To conduct hearings on charges of fraud and/or willful violation of Orange County Code brought against state-certified contractors or general contractors who conduct business in the county, and to, upon a finding of guilt, impose any penalty allowed by Florida Statutes;

(11)

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

(12)

To conduct hearings on alleged violations of article IX of this chapter.

(Code 1965, § 6-5; Laws of Fla. ch. 67-1828, § 5; Ord. No. 79- 4, § 1, 2-27-79; Ord. No. 87-25, § 4, 7-21-87; Ord. No. 91-2, § 5, 1-15-91; Ord. No. 92-36, § 7, 11-10-92; Ord. No. 93-02, § 5, 1-19-93; Ord. No. 93-21, §§ 2, 4, 9-14-93; Ord. No. 93-25, § 3, 9-28-93; Ord. No. 97-27, § 30, 12-30-97; Ord. No. 2000-4, § 4, 2-15-00; Ord. No. 2001-26, § 1.(A., D.), 12-18-01; Ord. No. 2005-13 , § 1(C), 10-4-05; Ord. No. 2009-12 , § 1, 4-28-09; Ord. No. 2013-06 , § 1(A), 3-12-13; Ord. No. 2014-29 , § 2, 11-18-14; Ord. No. 2015-06 , § 1, 2(A), 6-16-15)