§ 14-35. Miami-Dade County Fire Prevention and Safety Appeals Board.  


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  • (A)

    Established. There is hereby created and established the Miami-Dade County Fire Prevention and Safety Appeals Board.

    (B)

    Membership. This Board shall consist of thirteen (13) members appointed by the County Commission. In order to secure representative membership upon the Board, the Board shall be comprised of members with the following specialties: (i) licensed architects, (ii) licensed engineers, (iii) licensed general contractors possessing a current certificate of competency, (iv) representatives from the firefighting services, (v) commercial real estate developers, and (vi) licensed community association managers. The Board may not consist of more than three (3) individuals from any one specialty. All members shall be appointed for a term of four (4) years. Unless otherwise specifically provided herein, the provisions of Chapter 2, Article IB of the Code of Miami-Dade County shall govern.

    (C)

    Organization of the Board. The members of the Board shall elect a chairperson, vice-chairperson, and such other officers as may be deemed necessary or desirable, all of whom shall serve in those capacities at the will of the Board. The chairperson shall: (1) preside at all meetings of the Board and preserve strict order and decorum, and (2) state every question coming before the Board and announce the decision of the Board on all matters coming before it. The vice-chairperson shall perform the duties of the chairperson in the event of the absence or incapacity of the chairperson. The Miami-Dade Fire Chief or his or her designee shall be Secretary of the Board and shall be responsible for the custody of all minutes and records of the Board. The Secretary of the Board shall not be entitled to vote on any matter before the Board by reason of holding the office of Secretary. The Chairperson or his or her designee may call meetings of the Board; a quorum of the Board may call a meeting upon signing a written notice; and the Board at any meeting may call meetings for any future dates. Minutes shall be kept of all meetings of the Board.

    (D)

    Quorum. A majority vote of the members present shall be necessary to take any action. A quorum of the Board to hold a meeting and take any action shall consist of a majority of those persons duly appointed to the Board, provided that at least seven (7) members of the Board have been appointed.

    (E)

    Duties and powers of the Miami-Dade County Fire Prevention and Safety Appeals Board. The Miami-Dade County Fire Prevention and Safety Appeals Board shall have the following duties, functions, powers, and responsibilities:

    (1)

    To exclusively hear and determine appeals by any person aggrieved by any action or decision of any fire official of any jurisdiction in Miami-Dade County, Florida, with respect to this Chapter, the Florida Fire Prevention Code, the rules and regulations of the State Fire Marshal, or any municipal ordinance, code, or regulation which regulates fire prevention or fire safety, and to affirm, modify, or reverse the action or decision which was appealed.

    (2)

    To, in conjunction with the Board of Rules and Appeals, perform the duties and responsibilities of the local administrative Board described in Section 553.73(11), Florida Statutes, as all of same may be amended from time to time. When the jurisdiction of the local administrative Board provided for in Section 553.73(11), Florida Statutes, is invoked, quorum shall consist of a majority of the duly appointed members of the Fire Prevention and Safety Appeals Board and the Board of Rules and Appeals, in addition to any requirements provided for in Section 553.73(11), Florida Statutes.

    (3)

    Upon the request of any Chief Fire Official of any jurisdiction in Miami-Dade County, Florida, to render advice to the requesting party on any fire safety or fire prevention matters in Miami-Dade County, Florida.

    (4)

    Upon the request of the Board of County Commissioners, to render advice to the Board of County Commissioners or such other persons as the Board of County Commissioners may direct, on any fire prevention or fire safety matters in Miami-Dade County, Florida.

    (5)

    To issue subpoenas to compel the presence of a witness or documents or other items at any proceeding of the Miami-Dade County Fire Prevention and Safety Appeals Board authorized under this article or the Florida Fire Prevention Code, as all of same may be amended from time to time.

    (6)

    To adopt, promulgate, amend and rescind such rules of procedure and evidence as may be necessary to exercise the Board's authority, provided, however, that no such rules shall conflict with the provisions of this article or the Florida Fire Prevention Code, as all of same may be amended from time to time.

    (7)

    To exclusively hear and determine any challenges to local amendments to the Florida Fire Prevention Code in accordance with Section 633.208, Florida Statutes.

    (8)

    To designate one (1) or more persons to be members of one (1) or more technical advisory panels to advise the Miami-Dade County Fire Prevention and Safety Appeals Board on technical matters related to fire prevention or fire safety. The members of such panels shall be persons technically skilled and qualified to render advice on particular matters of fire prevention or fire safety pending before the Board. The members shall serve at the will of the Board and shall furnish advice and information of a technical nature to the Board for so long a period of time as the Board may request it. All such advice and information given by the panel or any member thereof shall be in the form of testimony either in person or by deposition before the Board at a regularly scheduled meeting and subject to cross-examination at the deposition and meeting by any interested party. The members of the panels shall not be deemed County officers or employees. Members of the panels may be compensated by the County.

    (9)

    To require and administer oaths or affirmations to witnesses in any proceeding of the Board.

    The powers enumerated in this section shall be in addition to and not a limitation of or in derogation of any other powers granted to the Miami-Dade County Fire Prevention and Safety Appeals Board by any other provision of this Chapter, the Florida Fire Prevention Code, or by State law, rule or regulation, as all of same may be amended from time to time.

    Notwithstanding any provision of the Code of Miami-Dade County, Florida, the Florida Fire Prevention Code, any municipal ordinance or any other County ordinance, except as provided for code enforcement by Chapter 162, Florida Statutes, or by Chapter 8CC of the Code of Miami-Dade County, Florida, no other County or municipal officer, agent, employee or Board shall exercise any of the powers granted to the Miami-Dade County Fire Prevention and Safety Appeals Board by this article, the Florida Fire Prevention Code or by State law, rule, or regulation, as all of same may be amended from time to time.

    (Ord. No. 87-89, § 3, 12-15-87; Ord. No. 94-7, § 1, 1-18-94; Ord. No. 16-89, § 3, 9-7-16)

    Note— Formerly Section 14-46 of the Code.

    Annotation— CAO 76-39.