STATE OF FLORIDA

BUILDING COMMISSION

 

In the Matter of

 

HILLSBOROUGH COUNTY BUILDING

SERVICES DIVISION,                                                          Case #: DCA08-DEC-142

 

            Petitioner.

 

_________________________/

 

 

DECLARATORY STATEMENT

 

The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Jerry Sparks, AIA, CBO, Director of the Hillsborough County Building Services Division, which was received on May 8, 2008, and subsequently amended on June 21, 2008.Based on the statements in the petition, the material subsequently submitted and the subsequent request by the Petitioner, it is hereby ORDERED:

Findings of Fact

1.  The petition is filed pursuant to, and must conform to the requirements of Rule 28-105.002, Florida Administrative Code.

2.  Petitioner is the authority having jurisdiction to enforce the Florida Building Code for Hillsborough County, Florida. 

3.  Hillsborough County, Florida, has adopted land development regulations [LDRs] pursuant to its authority under Chapter 163, Florida Statutes.  The Petitioner reports that the LDRs expressly restrict the issuance of a certificate of occupancy in circumstances where a developer has failed to comply with conditions of development imposed pursuant thereto, such as on and off site roadway, storm water, and natural resources improvements.  The County has requested that the Petitioner withhold issuance of certificates of occupancy pending compliance with said conditions for buildings that have undergone final inspection and have been found to comply with the Code’s technical requirements with regard to a particular subdivision within the County.

4.  The Petitioner inquires whether the Florida Building Code allows a certificate of occupancy in the circumstances described?

Conclusions of Law

1.  The Florida Building Commission has the specific statutory authority to interpret the provisions of the Florida Building Code by entering a declaratory statement.

2.  Section 110.1, Florida Building Code, Building Volume (2004 as amended 7/06) states:

No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.

 

            3.  Section 110.2, Florida Building Code, Building Volume (2004 as amended 7/06) provides in pertinent part:

After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy . . ..  [requirements for contents of certificate omitted].

 

            4.   Based on the foregoing, the Building Code explicitly permits withholding a certificate of occupancy for enforcement of other laws and ordinances enforced by the Hillsborough County Building Department.  Furthermore, Chapter 553, Florida Statutes, and the Code contain nothing that would restrict or prohibit enforcement of LDRs by the department of building safety, in this case the Petitioner.  However, the Florida Building Commission lacks jurisdiction to interpret the provisions of Hillsborough County’s LDRs and determine their means of enforcement.

Petitioner and all other interested parties are hereby advised of their right to seek judicial review of this Order in accordance with Section 120.68(2)(a), Florida Statutes, and with Fla. R. App. 9.030(b)(1)(C) and 9.110(a).  To initiate an appeal, a Notice of Appeal must be filed with Paula P. Ford, Clerk of the Commission, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, and with the appropriate District Court of Appeal no later than thirty days after this Order is filed with the Clerk of the Commission.  A Notice of Appeal filed with the District Court of Appeal shall be accompanied by the filing fee specified by section 35.22(3), Florida Statutes.

 

 

DONE AND ORDERED this ______ of _____________, 2008, in Coral Gables, Miami-Dade County, State of Florida.

 

                                                                                    ______________________________

                                                                                    Raul L. Rodriguez, AIA, Chair

                                                                                    Florida Building Commission

                                                                                    Department of Community Affairs

                                                                                    Sadowski Building

                                                                                    2555 Shumard Oak Blvd.

                                                                                    Tallahassee, FL 32399-2100

 

 

CERTIFICATE OF SERVICE

 

            I hereby certify that a true and correct copy of the foregoing was sent to the following by the method indicated on this ________ day of __________, 2008.

 

                                                                                    ______________________________

                                                                                    PAULA P. FORD

                                                                                    Commission Clerk

 

Via U.S. Mail                                                             Via Hand Delivery

 

Sheri A. Murphy,                                                          Mo Madani, C.B.O. Manager

Assistant County Attorney                                            Codes and Standards Section

Hillsborough County                                                     Department of Community Affairs

Office of the County Attorney                           2555 Shumard Oak Blvd.

601 East Kennedy Boulevard, Floor 27                        Tallahassee, FL 32399-2100

Tampa, Florida 33601

Attorney for the Petitioner