§ 9-5. Adoption of regulatory codes; conflict provisions; fees.

(a)

Authority . Pursuant to its home rule powers and F.S. ch. 125, the BCC is hereby authorized and empowered to adopt, by reference or otherwise, rules and regulations and codes regulating building safety, prevention of fire hazard, plumbing and electrical installation and water supply and drainage, and to adopt, by reference or otherwise, any portion or portions or in its entirety, any other rule, regulation or code to promote and safeguard the health, safety and general welfare of the public within the area set forth herein. The BCC may provide for the charge and collection of permit and inspection fees for any or all construction work, electrical or plumbing or other trades regulated by the BCC hereunder.

(b)

Procedure . Codes, regulations, or amendments thereto shall be adopted by the BCC in accordance with this chapter.

(c)

Draft ordinance .

(1)

When the adoption of a code, regulation, or amendment thereto is mandated and/or warranted, the building official shall have a draft ordinance prepared.

(2)

The draft ordinance shall be forwarded first to the BCBAA. The BCBAA shall have sixty (60) days to review, comment, and forward a recommendation on the draft ordinance to the BCC. This recommendation shall be to adopt, not adopt, or adopt with modifications. If no recommendation is forwarded to the BCC by the end of the review period, the BCC may vote on the adoption of the draft ordinance without a recommendation from the BCBAA.

(d)

Conflict provision .

(1)

In the event of conflict between the procedures set forth in this chapter and the procedures set forth in any regulatory codes adopted under this chapter, the procedures set forth in this chapter shall control.

(2)

In the event of conflict between any technical matters as set forth:

a.

In this chapter and any regulatory codes adopted under this chapter; or

b.

In two (2) different regulatory codes or sections of regulatory codes adopted under this chapter;

the more restrictive of the conflicting provisions shall apply. Such determination of which conflicting provision is more restrictive shall be made by the building official.

(Code 1965, §§ 6-3, 6-6; Laws of Fla. ch. 67-1828, §§ 3, 6; Ord. No. 87-25, §§ 3, 5, 7-21-87; Ord. No. 91-2, §§ 3, 6, 1-15-91; Ord. No. 92-36, § 10(b), 11-10-92; Ord. No. 93-02, § 8(b), 1-19-93; Ord. No. 93-25, § 4, 9-28-93; Ord. No. 2001-26, § 1.A., 12-18-01; Ord. No. 2015-06 , § 1, 2(A), 6-16-15)

State law reference

Adoption procedures, F.S. §§ 125.56, 163.3194; minimum standards, F.S. § 553.70 et seq.