BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA PROTECTION OF THE CODE OF LAWS AND ORDINANCES OF MARTIN COUNTY,

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1 - Gtruek-Chreagh passages are delcted; underlined passages are addad. - BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA ORDINANCE IJUMBER 193 AN ORDINANCE AMENDING CIIAPTER 15, FIRE PREVENTION AND PROTECTION OF THE CODE OF LAWS AND ORDINANCES OF MARTIN COUNTY, FLORIDA; THEREBY PROVIDING FOR THE CREATION OF A BOARD OF APPEALS AND ADJUSTMENTS TO THE FIRE CODES: PROVIDING FOR THE QUALIFICATIONS AND TERMS OF'MEMBERS OF TIlE DOAN) OF APPEALS; PROVIDING FOR THE f ORGANIZATION AND PROCEDURE OF THE BOARD OF APPEALS; PROVIDING FOR THE PURPOSE, DUTIES AND POWERS OF THE BOARD OF APPEALS; PROVIDING THAT AN ORDER OF TIIE FIRE MARSllAL SHALL BE STAYED UNTIL THE FINAL DECISION OF THE BOARD OF APPEALS, EXCEPT IN EMERGENCY SITUATIONS; AND PROVIDING FOR APPEALS FROM TlIE BOARD OF APPEALS: PROVIDING FOR CONFLICTING PROVISIONS OF LAW; PROVIDING SEVERABILITY IN THE EVENT OF PARTIAL INVALIDITY ; PROVIDING FOR APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE AND DEPARTMElJT OF COMMUNITY AFFAIRS; PROVIDING AN EFFECTIVE DATE; PENALTIES, AND CODIFICATION. WHEREAS, the Board of County omm missioners of Martin County, Florida is authorized by Chapter 125, Florida Statutes, to adopt ordinances for the purpose of providing fire protectlont to adopt and enforce buildinq, housing, and rclated technical codes and regulations, to employ pcrsonncl: and to adopt ordinances neces- sary for t he exercise of its powers; and WHEREAS, t he Board has determined that it is necessary to amend Chapter 15, Fire Prevention and Protection of the Code of Laws and Ordinances of Martin Co~tnty; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COM- MISSIONERS OF MARTIN COUNTY, FLORIDA, THAT: chapter 15 of the Code of Laws and Ordinances of Martin county, Florida, be and is hcrcby amcndcd as follows: PART I: The following Sections 15-37, (1) through ('1) are added to Chapter 15, Article V: SECTION Board of Appeals and Adjustments to the ire-codes* There shall be a board known as the Board of Appeal6 and Adjustments to the Fire Codes.

2 SECTION Qualification of Members. A Board of Appeals shall be appointed consisting of members who, by education and experience, are qualified to pass upon the application of this Code as it affects the interests of t k general public. Board members shall not be officers, agents, or employees of this jurisdiction. No more than one of said mern- bers shall be engaged in the same business, profession or line of endeavor. No member of the Board of A D D ~ ~ shall ~ s sit in judgement of any case in which he is directly interested. SECTION , composition: Terms of Members. A Board of Appeals is hereby established consisting of five (5) at large members who shall be appointed by the Martin County Board of Connnissioners, by reason of education, experience, and knowledge, and are deemed to be competent to sit in'judgment on mat- ters concerninn the Fire Code and its enforcement. The members shall serve for a term of three (3) years. excedt for the initial appointees who shall serve as follows: Two (2) members shall serve for a term of one (1) year: two(2) members shall serve for a term of two (2) years, and one (1) shall serve for a term of thrce (3) years. Each member shall he a regi-stcred voter in Martin County for at least one (1) year before his appointment. SECTION Organization; procedure. The members of the Board of A D D ~ ~ shall ~ s elect a chairman. The Dresence of three (3) or more board members shall con- stitute a quorum. Members shall serve without compensation. but may be reimbursed for such travel expenses, mileage expenses, and/or per diem expenses as may be authorized by the Board of County Comissioners. The chairman may call hearings by the Board, and hearings may be called by written notice signed by at least three (3) members of the Board, and the Board at any hearing may fix and call a hearing on a future date. Minutes shall be kept of all C B~raek=ekreagh passages are deleted; underlined passages are added.

3 board proceedings. -, Upon approval of n majority of the Board of Appeals, a continuarice may be ~:r;lntc.rl in any hcnrinp, for good A cause showi b, Conduct of I~cnr in!: IN! for-c l)o;~rtl a (1) Oral cvidcncc shill -- 1 he r.nk~n on oath or af f ir- - -._-- mntion (2) Thc hear i.ng botlrcl stlnll give probative effect b _---. _ to cvi tlc~~cc which woulti tc ;rtlrnissiblc in rcceiv in~, cvi tlc~icc. 1)t1i! --- rc!gntatl shall bcl xivcn to the tccl~nicnl ;111tl ---- I\i.gl~l.y cotnpl iciir etl subject matter and & \ I~~~ltl:;iot~ilry 1-tllcs - of cwidencc shall _- _._ _..._ _. not I)e t1:;t.d to I'l-t'vel1r t l~e 1.ec.c j pt of ovider~cc hnvi~ll: s~~bs tan~ i ill prol);~r ivcb ef f ctc t. Othcr wise, t b f fk*t.r I I I~cr 8ivc11 io r l~c rules of cviclc~~.rc.c- ~-cc-o):l~i ;:rid ill t l1c c. Rules of Order. - - St;li c of Florida. Hearings - shall --.- beqin with the presentation of the fire marshal's case with the right of the appellant to cross examine witnesses, followed by presentation of the.appcllant8s case with the Fire Marshal's ria to cross-examine witnesses. d. Decision. The decision of the hearing board shall be in writing and rendered within thirty (30) days from the date of the hearinu. The decision shall con- tain a brief statement found to be true, the deter- mination of the issues presented and the order of the hearing board. A copy of the decision shall be mailed or - delivered to theappellant, - -- the fire mar- shal, and to every person who appeared as a party at the hearina. Struck-khreagh passages are deleted; underlined passages are added.

4 * SECTION Purpose. pretation of the provisions of the Fire Code and rule on appeals from decision of the Fire Marshal. SECTION Duties and Powers. The Board of Appeals -. shall meet monthly, as required, for the purpose of interpreting the provisions of the Fire Code and to consider and rule on any properly - filed appeal from a decision of the Fire Marshal. The Board of Appeals shall give the appellant at lea9t five (5) days noticq of hearine hut in no case shall the Board fail to hear an appeal within forty-five (45) days of filing of notice of appeal. The notice of hearing shall specify date, time, and exact SECTION Fire Marshal Order Stayed. Pending final decision -. of the Board of Appeals, the order of the Fire Marshall shall be stayed unless, in the opinion of the Fire Marshal, there is a district fire hazard to life or the pro- bertv of others based on available data. SECTION Appeals from the Board of Appeals. Every decision shall be promptly filed in the office of the Fire Marshal and shall be kept publicly posted in the office 7 of the Fire 1.1arshal for two (2) wccks after filing. Every decision of' - - the Board of Appeals shall be final. Appeals from a decision of the Board of Appeals and Adjustments is by certiorari to the Circuit Court pursuant to general law and the Florida Rules of Appellate Pro- cedure., PART 11. CONFtICTIMG PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of Martin County, County ordinances and County resolutions, or parts thereof, in conflict with the ordinance are hereby superseded by this ordinance to the extent of such k~eagk passages are deleted; underlined passages are added.

5 PART 111. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconst=tutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART IV. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout thd unin- 0 corporated area of Martin County. PART V. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, PART VI. FILING WITH DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, 2571 Executive Center Circle, East, Tallahassee, Florida, Gtruek-th?!eugk passages arc deleted; underlined - passages are added.

6 PART VII. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. PART VIII. PENALTIES. Violation of this ordinance is a misdemeanor pursuant to Section , FLORIDA STATUTES, and is punishable under said section by imprisonment for up to sixty (60) days, or a fine of up to $500.00, or both such imprisonment and fine. PART IX. CODIFICATION. Provision of this ordinance shall be incorporated in the County Code and the word "ordinancen may be changed to "section", "articlen or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts Two to Nine shall not be codified. DULY PASSED AND ADOPTED THIS 9th DAY OF November, ATTEST : BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA BY: AIRMAN APPROVED AS TO FORM AND \ STATE OF FLORIDA Martin County I heresv certify tha) the foregoing...-.( *,'$ In this otfice. bvitnwc m hand and seal of offica this -&-<dy LOUISE V. of ISAAGS, Clerk I 9 XA

7 November 22, George Firestone Secretary of State ono or able Louise V. Isaacs, Clerk, :W&h County Drawer 779 Stuart, FL Dear Ms. Isaacs: Pursuant to the provisions of Section , ~lorida Statutes, this will acknowledge: e 1. Receipt of your letter/s of Nov, and certified copy/ies of County Ordinance/s No./s 2, Receipt of Martin County ~rdinance/s relative to: (a) # 193; Mend. Chpter 15; re; fire prevention and protection, which we have numbered which we have numbered 3. We have filed this/these Ordinance/s in this office on Nov The original/duplicate copy/ies showing the filing date being returned for your records. MARTIN COUNTY LEGt k C": T. FIDRIDA-State of the Arts

8 E.ctoblisht*rl as thc Stuart 7i'mc-s. April STUAKT, ICIARTIN COUN'rY, I.'I.ORII>A Iicl't,rc tllc u~~drrrignrd ~uthority \vl~c, on oath uys that hc is puhlirhcd JI Stu.ut in mar ti^^ Cou111). I;lorid~, tl1.11 rppc~rctl....t.~q~~s...e.~... W.cb.ex.,...J.r Ed,i..t~).~.... t,i tllr Slu~rt Ncws, r cl~il) I,t*\vspaper thc ~tt~cllctl ct~py oi rtlvcrtisc.n~t~~~t. bring a... Notice of Intent Article V Fire Prevention Code in the mattrr of... r j~rlglikn~brhnrd~add d. All hbrwtd )rr*r *.to lnvltrd to attrad and bo in thr... Court, was published in said newspaper in Oct the issues of... b,... Affiant furthcr cays that the said The Stuvt Ncws is a newspaper publishcd at Stuart, in said hlartin County. Flori& and that the said newspaper has heretofore been continbously published in said hknin County. Florida, each week and has been entered as second class mattrr at the post office in Stuart in said County. Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further cay! that he has neither paid nor promised penon, firm or corporation any discount, this rdvertiscmnt for publication in the said this... day of ~SEALI NOTARY PUBLIC NOTARY PLIELIC STATE OF FLORIDA AT L P R ~ MI COhihIh>lOl\l thtjlheh >tyi BONOtL, Irdu Ctlu~i~iL l iub. UP,-\:;,,\,,,I>, An Ordlnancr Amondlng ch@u 16 Flh -ion andhokctlondkwd t.avmndddh.ncr.(llkr- th, County, CbrWl (a tho qwu1kar~ld3 krmrdmmbrr