Miami-Dade
Legislative Item File Number: 120775 |
Printable PDF Format Clerk's Official Copy |
File Number: 120775 | File Type: Resolution | Status: Adopted | ||||||
Version: 0 | Reference: R-566-12 | Control: Board of County Commissioners | ||||||
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Requester: Regulatory and Economic Resources | Cost: | Final Action: 7/3/2012 | ||||||
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Sunset Provision: No | Effective Date: | Expiration Date: |
Registered Lobbyist: | None Listed |
Legislative History |
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Acting Body | Date | Agenda Item | Action | Sent To | Due Date | Returned | Pass/Fail |
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Board of County Commissioners | 7/3/2012 | 8M2 | Adopted | P | |||
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Infrastructure and Land Use Committee | 6/13/2012 | 3G | Forwarded to BCC with a favorable recommendation | P | |||
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County Attorney | 6/7/2012 | Assigned | Mayor | ||||
REPORT: | Item returned to agenda office | ||||||
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County Mayor | 6/7/2012 | Assigned | Jack Osterholt | 6/7/2012 | |||
REPORT: | Item returned to Deputy Mayor. | ||||||
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County Attorney | 6/7/2012 | Assigned | Eduardo W. Gonzalez | ||||
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County Attorney | 4/16/2012 | Assigned | Eduardo W. Gonzalez | 4/16/2012 | |||
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County Mayor | 4/13/2012 | Assigned | Jack Osterholt | 4/13/2012 | |||
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County Mayor | 4/13/2012 | Assigned | County Attorney | 6/5/2012 | |||
REPORT: | PERA - Comm. Edmonson Sponsor - pending cmte | ||||||
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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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