Sec. 2-1181. - Establishment and Purpose.

(a)

There is hereby established a Building Board of Adjustments and Appeals ("Building Board").

(b)

The purpose of the Building Board is to provide a decision-making body through which an owner of a building or structure, or his duly authorized agency, may appeal the rejections or refusal of the building official to approve the mode or manner of construction proposed to be followed, or materials to be used, in the erection or alteration of that building or structure, or when it is claimed that the provisions of the Florida Building Code and Florida Fire Prevention Code, as listed in Chapter One, do not apply, or that an equally good or more desirable form of construction can be employed in a specific case, or when it is claimed that the true intent and meaning of such codes, or any of the regulations thereunder, have been misconstrued or wrongly interpreted by the building official.

(Ord. No. 2009-31, § 1)

Sec. 2-1182. - Powers and Duties.

The Building Board shall have the following powers and duties:

(a)

To review and approve, with or without modifications or conditions, or deny an appeal from a decision of the building official with regard to a variance from the mode or manner of construction proposed to be followed, or materials to be used, in the erection or alteration of a building or structure, or when it is claimed that the provisions of the Florida Building Code and Florida Fire Prevention Code, as listed in Chapter One, do not apply, or that an equally good or more desirable form of construction can be employed in any specific case, or when it is claimed that the true intent and meaning of such building codes and technical codes or any of the regulations thereunder, have been misconstrued or wrongly interpreted by the building official;

(b)

To accept appeals and render decisions pursuant to interlocal agreements between the County and independent fire districts which have entered into such agreements;

(c)

To recommend to the BCC additional or amended rules of procedure to govern the Building Board's proceedings; and

(d)

To make its special knowledge and expertise available upon reasonable written request and authorization of the BCC to any official, department, board, commission, or agency of the County, state, or federal governments.

(Ord. No. 2009-31, § 1)

Sec. 2-1183. - Membership.

(a)

Qualifications. The Building Board shall be composed of 5 regular members appointed by the BCC. The Collier County Fire Marshall's Association may recommend for consideration by the BCC those 2 members, 1 of whom would be an architect or engineer, and 1 of whom must be a fire protection specialist. The Building Board shall consist of members engaged in the following occupations who, by reason of education, experience, and knowledge, are deemed to be competent to sit in judgment on matters concerning the Florida Building Code and Florida Fire Prevention Code, as listed in Chapter One:

(1)

One state-licensed architect or one structural engineer;

(2)

One class A general contractor;

(3)

One state-certified fire protective equipment contractor or state-certified firefighter with the rank of lieutenant or higher, or state certified fire safety inspector with the rank of lieutenant or higher;

(4)

One licensed electrical contractor; and

(5)

One licensed plumbing or mechanical contractor.

(b)

Term. The members shall serve for a term of 4 years, except for initial appointees who shall serve as follows: 2 for a term of 1 year; 2 for a term of 2 years; 1 for a term of 3 years.

(Ord. No. 2009-31, § 1)

Sec. 2-1184. - Quorum.

Three members of the Building Board shall constitute a quorum. In varying the application of any provision of the Florida Building Code and Florida Fire Prevention Code, or in modifying an order of the building official or the public safety administrator, an affirmative vote of not less than 3 Building Board members shall be required.

(Ord. No. 2009-31, § 1)

Sec. 2-1185. - Rules of Procedure.

(a)

The Building Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of the Collier County Building Code.

(b)

The building official shall act as Secretary of the Building Board and shall make a detailed record of all its proceedings, which shall include, but shall not be limited to, all appeal decisions, the reasons for its decisions, the vote of each member participating therein, the absence of a member, and any failure of a member to vote.

(Ord. No. 2009-31, § 1)

Sec. 2-1186. - Repeal of Ordinance.

Collier County hereby readopts Section 8.05.00 (Building Board of Adjustments and Appeals) of the Collier County Land Development Code in its entirety, as a separate, stand-alone ordinance, as set out herein.

Concurrent with the effective date of this ordinance, Section 8.05.00 (Building Board of Adjustments and Appeals) of the Collier County Land Development Code is hereby repealed in its entirety.

(Ord. No. 2009-31, §§ 1, 2)

Secs. 2-1187—2-1190. - Reserved.