Miami-Dade Legislative Item
File Number: 120775
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File Number: 120775 File Type: Resolution Status: Adopted
Version: 0 Reference: R-566-12 Control: Board of County Commissioners
File Name: RESOLUTION DIRECTING DIRECTOR OF PERA TO ENFORCE Introduced: 4/13/2012
Requester: Regulatory and Economic Resources Cost: Final Action: 7/3/2012
Agenda Date: 7/3/2012 Agenda Item Number: 8M2
Notes: X/120501 Title: RESOLUTION DESIGNATING THE DIRECTOR OF THE REGULATORY AND ECONOMIC RESOURCES DEPARTMENT AS THE FLOODPLAIN ADMINISTRATOR FOR UNINCORPORATED MIAMI-DADE COUNTY TO ENFORCE FLOOD-RELATED PROVISIONS OF THE FLORIDA BUILDING CODE [SEE AGENDA ITEM NO. 7L]
Indexes: FLOOD-RELATED PROVISIONS
Sponsors: Audrey M. Edmonson, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 7/3/2012 8M2 Adopted P

Infrastructure and Land Use Committee 6/13/2012 3G Forwarded to BCC with a favorable recommendation P

County Attorney 6/7/2012 Assigned Eduardo W. Gonzalez

County Mayor 6/7/2012 Assigned Jack Osterholt 6/7/2012
REPORT: Item returned to Deputy Mayor.

County Attorney 6/7/2012 Assigned Mayor
REPORT: Item returned to agenda office

County Attorney 4/16/2012 Assigned Eduardo W. Gonzalez 4/16/2012

County Mayor 4/13/2012 Assigned County Attorney 6/5/2012
REPORT: PERA - Comm. Edmonson Sponsor - pending cmte

County Mayor 4/13/2012 Assigned Jack Osterholt 4/13/2012

Legislative Text


TITLE
RESOLUTION DESIGNATING THE DIRECTOR OF THE REGULATORY AND ECONOMIC RESOURCES DEPARTMENT AS THE FLOODPLAIN ADMINISTRATOR FOR UNINCORPORATED MIAMI-DADE COUNTY TO ENFORCE FLOOD-RELATED PROVISIONS OF THE FLORIDA BUILDING CODE

BODY
WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of Miami-Dade County and such areas are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and

WHEREAS, Miami-Dade County is a participant in the National Flood Insurance Program and the Board of County Commissioners desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and

WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and

WHEREAS, section 553.73(4), Florida Statutes, allows adoption of local administrative amendments to the Florida Building Code to assign the enforcement of flood-related provisions to appropriate agencies of local government; and

WHEREAS, the Board of County Commissioners has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the Florida Building Code: and

WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying ordinance, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Director of the Regulatory and Economic Resources Department is designated as the Floodplain Administrator for Unincorporated Miami-Dade County and is thereby authorized and directed to administer and enforce the flood provisions of the Florida Building Code and any adopted flood hazard ordinances. The Floodplain Administrator is delegated and assigned the responsibilities related to the plan review of buildings and structures, the identification and verification of flood hazard areas, flood zones and design flood elevations, lowest floor elevations, design flood elevations for electrical, plumbing, mechanical and gas; the inspection responsibilities of obtaining and verifying the elevation certification and the final certification of the lowest floor elevation and providing the Building Official for Unincorporated Miami-Dade County with a statement wherein documentation of the lowest floor elevation has been provided prior to issuance of a Certificate of Occupancy; and shall establish conditions which constitute substantial improvement regarding existing buildings and structures.



HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Resolution Designating the Director of the Department of Regulatory and Economic Resources as the Floodplain Administrator for Unincorporated Miami-Dade County to Enforce Flood-Related Provisions of the Florida Building Code

.. Staff Recommendation
It is recommended that the Board of County Commissioners (Board) adopt the proposed resolution which designates the Director of the Department of Regulatory and Economic Resources as the Floodplain Administrator for Unincorporated Miami-Dade County and assigns the responsibility to coordinate enforcement of flood provisions contained in the Florida Building Code.

Scope
The proposed resolution impacts Unincorporated Miami-Dade County.

Fiscal Impact/Funding Source
There is no fiscal impact to Miami-Dade County or the municipalities.

Track Record/Monitor
Not applicable.

BODY
A recently enacted statutory provision provides authorization for the adoption of a local administrative amendment to the Florida Building Code. This legislation was deemed necessary to ensure consistency through the delegation of flood related enforcement responsibilities to appropriate agencies of the local government.

An ordinance has been submitted to the Board under separate cover that will allow the Appointing Authority of Miami-Dade County and the Municipalities to delegate the authority to enforce the floodplain provisions of the Florida Building Code to a floodplain administrator or any other appropriate agency. With the enactment of the proposed local administrative amendment and its delegation provision, the County and Municipalities will possess the mechanism to take the jurisdictional steps to ensure the structuring of oversight responsibilities relating to flood resistant construction.

The Appointing Authority for Unincorporated Miami-Dade County is the Board. Therefore, the adoption of this companion resolution is a necessary companion action which will allow the designated Floodplain Administrator to maintain the stability of administration and the continuation of effective and efficient construction in the floodplain areas of Unincorporated Miami-Dade County.

___________________________
Deputy Mayor



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