HomeMy WebLinkAbout01-23-2018 CC MinutesBoard _
CITY OF SEBASTIAN Approved a Date%S
SEBASTIAN CONSTRUCTION BOAR6pproved S6bjeat TO
MINUTES OF REGULAR MEETING
JANUARY 23, 2018
1. Call to Order -- Chairwoman Carbano called the meeting to order at 6:00 p.m.
2. Pledae of Alleaiance: -- Was recited by all.
3.. Roll Call:
Present
Ms.
Jean Carbano
Mr.
James Fortier
Mr.
Andrew Manero
Mr.
Shawn Hosey
Mr.
Jock Crockett
Also Present
Mr. Wayne Eseltine, Building Official
Ms. Janet Graham, Technical Writer
4. Approval of Minutes
Regular Meeting October 24, 2017
Ms. Carbano called for additions, deletions or corrections to the Minutes.
A motion to approve the October 24, 2017 Minutes as presented was made by Mr.
Fortier, seconded by Mr. Crockett, and passed unanimously by voice vote.
5. Announcements -- None
6. Old Business -- None
7. New Business
A. Request to Reinstate a Certificate of Competency:
i. In the Matter of Mr. Nick Moran
Carpentry License: Local License No. 1229
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Minutes of Regular Meeting of January 23, 2018
Mr. Eseltine stated Mr. Moran is seeking Board approval to reinstate his carpentry
certificate of competency license that expired on 9/30/2009. The applicable section of
the City Code of Ordinances is 26-168 (C), which states: "A certificate which is
inoperative because of failure to renew shall be restored on payment of the proper
renewal fee. If application for restoration is not made before the beginning of the next
fiscal year of the City, the fee for restoration shall be double the original renewal fee. In
addition, the Board may require reexamination of the applicant. A certificate which is
not renewed within three full years after expiration may not be renewed, restored or
reinstated thereafter except upon reapplication and reexamination." Mr. Eseltine stated
that the last sentence is the key sentence. It has been three full years since his license
expired, and he would like to be reinstated without having to take the test again. Mr.
Eseltine stated that he has always deferred these decisions to the Board, as it is not
within his purview to make those decisions, but with good cause in the past the Board
has made those decisions one way or another.
Mr. Eseltine stated that in the packet he provided to the Board, which Mr. Moran
provided to Mr. Eseltine, is his letter requesting the reinstatement. Also included is the
contractor's detail from the City's system that shows when his license expired, which
also shows the number. of years that he did renew, which appear to be from 2002 to
2008. He appears to have retained his Indian River contractor licensing, and he
showed proof of showed workers' compensation exemption, and his corporation
papers.
Ms. Carbano asked Mr. Eseltine to explain how is the Indian River contractor licensing
being done without them knowing that his carpentry license had run out. Mr. Eseltine
explained that this occurs in a situation where the certificate of competency is gotten
locally, and if they work somewhere else and maintain their license there by paying
every year, their license remains activated. Usually this question comes up when they
have a different job somewhere else, and now they need a letter of reciprocity from the
City, because licenses reciprocate from one municipality or county to another —local
licenses, not state licenses. This issue comes up when they are trying to get a letter of
reciprocity and, if they are not in good standing, the City doesn't issue it. He is not sure
whether that is true in Mr. Moran's case.
Mr. Crockett inquired whether Mr. Moran's original license was with the City of
Sebastian, and Mr. Eseltine answered it was. He also stated that prior to 2006, this
Board routinely reviewed applicants to be tested to become licensed. Many of those
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Minutes of Regular Meeting of January 23, 2018
individuals are still around and are still active in the industry, so this Board still has
disciplinary authority over them. Mr. Crockett then asked if Mr. Moran still has an active
license with Indian River County, and Mr. Eseltine stated that he believed that to be the
case.
Mr. Fortier then asked about the scope of this license and what does it allow Mr. Moran
to do, and does it require any continuing education for the three years that he missed.
Mr. Eseltine stated that it is carpentry, which is a general description, and it has to do
with framing and possibly trim work and that type of thing. Mr. Fortier asked if that
includes framing houses, and Mr. Eseltine stated that with a carpentry license he could.
Typically, he would have to be working as a subcontractor under somebody with a
general contractor's license. Typically not coming in and pulling permits, but more of a
subcontractor. He would not have to have any continuing education for local licenses.
Mr. Fortier questioned why the City got out of this. Mr. Eseltine stated that staffing was
a big part of it. There was an economic downturn at the time. The City would have had
to raise fees just to break even because it takes up an enormous amount of time
interviewing these applicants, getting the information, bringing it to the Board, and the
City just decided that the City of Sebastian should not be the licensing agent for the
whole County; it should be the county seat that does that. Sebastian was hoping that
the County would then take it up once the City stopped. They didn't. So now we have
to send people to St. Lucie County or Brevard County, which are the closest places to
have it done.
Mr. Manero asked if the applicant could pull his own permit for a kitchen remodel. Mr.
Eseltine stated that he would say not. If he were just doing the cabinets, maybe, but
certainly not plumbing or electrical, etc. Mr. Fortier then wanted further explanation on
just what the carpentry license permitted the applicant to do. Mr. Eseltine stated that,
technically he could pull permits; he did not know of anything that says he could not pull
permits, but typically they don't. Mr. Eseltine stated that typically these types of sub -
trade workers don't pull permits. They are typically working for somebody else.
Typically, a licensing investigator, or even the City, goes out there to see who's on the
job, who's licensed and who's not. If they are not on the payroll of the contractor, then
they need to be licensed themselves. That's why these people are licensed, so that
they can actually have a crew and be there performing that aspect of the job. Plus, we
are making sure they have their insurance, their workers' comp, etc.
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Minutes of Regular Meeting of January 23, 2018
Mr. Fortier then asked how much it is a year to reregister. Mr. Eseltine stated it is
$35.00 a year if you do it on time. Then there is a sliding scale penalty, and eventually
if you don't renew at all, it's $75.00 a year. Mr. Fortier then inquired if there is anything
additional that the Building Department has to do because this license has not been
renewed yearly. Mr. Eseltine stated that the applicant is then required to pay for every
year that they have not renewed. In Mr. Moran's case, it was eight years, which adds
up to $600.00, and the current year is $36.00 until March, so the total is $636.00.
Ms. Carbano then asked for Mr. Moran to come forward.
Mr. Moran gave his name and address as Nick Moran, 3605 Third Street, Vero Beach,
FL 32968. Ms. Carbano asked if Mr. Moran wanted to say anything before the Board
asked questions. Mr. Moran stated that the Board asked what he had been doing. He
stated for the last six months he has done some light carpentry work. In 2007 the
economy took a downturn, and he got a hotdog stand and was selling hotdogs. He then
worked inside a convenience store, making sandwiches, etc. The owner of the
convenience store sold, and Mr. Moran couldn't come to terms regarding rent, etc. So
he decided to try to get back his contractor's license. Ms. Carbano asked if he was
seeking a carpenter's license, not a contractor's license. Mr. Moran stated yes.
Mr. Fortier asked Mr. Moran if he had done any carpentry work in Sebastian since 2009.
Mr. Moran stated no, he hadn't. Mr. Fortier asked if he had done any carpentry work
since 2008. He stated yes, in the last six months he worked for Barth Construction and
RCL Development building exterior decks, framing out room additions, tearing out and
restoring houses in Windsor. His intentions are to just do installation cabinets, small
trim jobs.
Mr. Crockett asked Mr. Moran if he is in a position to pay the $636.00 rather than take
the exam. He stated yes, he can pay it.
Mr. Manero asked Mr. Eseltine if there is another special license within carpentry for
finish work, or is it just a blanket carpentry license. Mr. Eseltine stated there are lots of
specialty licenses, and carpentry is just one of them. Mr. Manero then asked if there is
anything that covers trim work. Mr. Eseltine stated yes. Mr. Manero then asked if Mr.
Moran would then have to take the test for trim work. Mr. Eseltine stated that if he were
holding himself out to be just a trim contractor, he would need a different type of license.
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Minutes of Regular Meeting of January 23, 2018
Ms. Carbano asked if he would limit himself by doing that. Mr. Eseltine stated yes. Mr.
Moran stated he did not want to limit himself. Mr. Fortier then stated if he has a
carpentry license, he would be able to do ancillary work like trim work, and Mr. Eseltine
stated yes.
Ms. Carbano asked if members of the Board had any further questions. There being
none, Ms. Carbano asked for a motion.
MOTION: Mr. Fortier made a motion that, provided Mr. Moran pays the balance from
2009 to current, we reinstate his license. Motion was seconded by Mr. Crockett.
ROLL CALL: Ms. Carbano — No Mr. Hosey — No
Mr. Fortier— Yes Mr. Crockett -- Yes
Mr. Manero—Yes
Total vote was 3-2 in favor. Motion Carried.
B. Request to Reinstate a Certificate of Competency:
In the Matter of Mr. Brian Flores
Carpentry License: Local License No. 1843
Mr. Eseltne stated that the next case before the Board is a request to reinstate his
residential certificate of competency for Mr. Brian Flores that expired on 9/30/2008. He
is a residential contractor. His local license is 1843. His state registered contractor
license is RR282811468. The applicable Code Section from the City Code of
Ordinances is Section 26-168 (C) which states: "A certificate which is inoperative
because of failure to renew shall be restored on payment of the proper renewal fee. If
the application for restoration is not made before the beginning of the next fiscal year of
the City, the fee for restoration shall be double the original renewal fee, and in addition
the Board may require reexamination of the applicant. A certificate which is not
renewed within three full years after expiration may not be renewed, restored or
reinstated thereafter except by reapplication and reexamination." It has been more than
three years since Mr. Flores has renewed his license, which was on 9130/2008.
Mr. Eseltine stated that Mr. Flores is a residential contractor. Certain licenses, whether
it is local or otherwise, have to be registered with the State. These are the types of
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licenses that the State would also license. So a residential contractor can take the state
test to get that license. They can also take a local test to get that license, but if they do
it locally, they have to register with the State, and the State will give them a registration
rather than a certificate. So a certified contractor is someone who has taken the test
with the State; a registered contractor is someone who has a local license but is
registered with the State. So the disciplinary actions against a registered contractor are
at the local level before it goes to the state level.
Ms. Carbano asked if he has to have a comp card for every county in which he works.
Mr. Eseltine stated that the backup that Mr. Flores gave to the City shows the City of
Sebastian information. It looks like he paid for three years. It also shows that he is
currently active at the state level with his registration. He then asked Mr. Flores if he
has to take continuing education to maintain that registration, and Mr. Flores stated yes.
Mr. Flores has also provided a letter recounting his history, his resume, and all the
backup information that is needed, which he presented for the Board to review.
Ms. Carbano asked if anyone on the Board had any further questions of Mr. Eseltine.
There being none, Ms. Carbano called for Mr. Flores to come forward.
Mr. Flores gave his name and address as Brian Flores, 107 Alameda Avenue,
Sebastian, FL 32958.
Ms. Carbano asked for questions by the Board.
Mr. Crockett asked Mr. Flores what he has been doing since August 2016. Mr. Flores
stated that was when he reactivated his license. At first he was a project manager for
Rutenberg at the time. He was going to build a spec home at nights and on weekends,
and he realized that it was a full-time job. So he gave his notice with Rutenberg and
built a spec home from start to finish, purchased the lot and designed the house. He did
all the work in house with himself and a crew of three. He subbed the plumbing,
electrical, etc. out. That took about eight months. At that time he was still active with
the State and also still active with Indian River County. He moved to doing kitchen and
bath remodels in Vero Beach. He also worked for a few contractors doing framing, etc.
So he has kept active since 2016.
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Minutes of Regular Meeting of January 23, 2018
Mr. Fortier asked Mr. Eseitine how many years in total the license had been expired.
Mr. Eseltine stated it was nine years, and that would total $675.00 plus the current year
until March of an additional $36.00 for a total of $711.00.
Ms. Carbano asked if he was building the spec home for the total time since 2016. Mr.
Flores said that for the first eight months of that time, and he was state licensed during
that time. Mr. Flores stated that during that time period he wasn't aware that he was
supposed to keep his license active in Sebastian, and that he is very much aware of it
now and will keep it active from here on out. He stated that for many years while he
was working in Vero and the Shores, he was pretty busy, and then when he went to pull
a permit in Sebastian this month, he found out that we had this issue. Ms. Carbano
inquired as to how much it costs to put it on inactive. Mr. Eseltine stated that for a
contractor who chooses to go inactive, it's $10.00 a year. Mr. Flores stated that he is
aware of it now, and Mr. Eseltine stated that this is pretty typical —that a lot of people
aren't aware of it, although they were told when they got the license, and they probably
forgot. And even though he is a registered contactor, he still would need this to have a
letter of reciprocity, and he still needs to follow that same process.
Mr. Crockett asked Mr. Flores if he wants to take the examination. Mr. Flores stated no.
Ms. Carbano asked if there were any further questions from the Board. There being
none, Ms. Carbano called for a motion.
MOTION: Mr. Crockett made a motion that, provided Mr. Flores pays the balance
from 2009 to current of $711.00, we reinstate his license. Motion was seconded by Mr.
Manero.
ROLL CALL: Ms. Carbano — No Mr. Hosey — Yes
Mr. Fortier —Yes Mr. Crockett -- Yes
Mr. Manero — Yes
Total vote was 4-1 in favor. Motion Carried.
C. Recommendation to City Council to Approve Proposed Ordinance
No. 0-18-02, Amendments to City of Sebastian Code of Ordinances
Chapter 42 — Fire Prevention and Protection.
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Minutes of Regular Meeting of January 23, 2018
Mr. Eseltine stated this agenda item is listed because, in our Code of Ordinances under
the Construction Board powers and duties, one of the functions of the Board is to advise
City Council when there is a matter that involves construction or a Code change. So we
are proposing as an Ordinance to make a Code change which will affect construction
and how things are done. So he is bringing it before the Board for review and
recommendation to City Council. He feels this is the proper procedure as the makeup
of this Board is very good with contractors and design professionals and inspectors —
people who have been in the trades for a long time.
Mr. Eseltine stated he would begin with a Power Point presentation. What this is
designed to do is go over the highlights and overall purpose of the Ordinance. At the
end the Ordinance can be reviewed in detail, and he would be happy to answer any
questions from the Board.
SEE ATTACHED
Mr. Eseltine also wanted to discuss some of the benefits of this. The "One -Stop Shop"
will be beneficial to contractors, owners, design professionals, it will expedite the
process, and it will keep everything in house. There will be a savings for the consumer.
We will adjust our fee schedule by resolution to cover our costs to enforce the Fire
Prevention Life Safety Codes, our fees will likely be less than what the County is
already paying now. There will be additional savings for the applicants, because now
they are making extra trips to Vero Beach and providing extra sets of plans, etc. For
continuity and efficiency, plan reviews and scheduling of inspections will be done in
house through one agency. Since building and fire inspections will be done side by side
by one agency, the inspector is going to have a more thorough understanding of all
aspects of the project, which is going to result in a smoother process and better results.
Mr. Eseltine explained the level of inspections on existing occupancies, which are
required to be inspected sometimes annually as dictated by the Code, will be done
more timely. The entire staff will be fully trained to take on the role of the Fire Safety
Inspector. This will provide for a safer community, will reduce the chance of liability for
the City, and it will also help with Indian River County's Fire Bureau's staffing issues for
the entire county. So the goal is to have of staff trained as fire inspectors as well as
building inspectors, which means there will be four people covering the City of
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Sebastian. Now, they have one person covering north county. He stated he had read
an article where in the State of Connecticut they had a situation where they had a fire in
an apartment building, and the Supreme Court ruled that, because these inspections
weren't being done on a regular basis as required by state law, they found that the city
could be held liable for blatant disregard of code. The reason they gave for not doing
the inspections was because they were understaffed. So with the additional staff being
certified to do this, we will be able to do the inspections that are required by law.
Mr. Manero stated that anything he has to do that involves Indian River County, it's
always the Fire Marshal that he is waiting on.
Mr. Eseltine stated he is prepared to answer any questions.
Mr. Fortier asked how long it is estimated that the Building Department's staff will be
ready to go where you don't have the limited liability company. Mr. Eseltine stated that
in order to take the course, you have to set aside 200 hours of time, so it could be two
years before we get fully staffed, and the proposed contract with SAFEbuilt is year to
year, and they understand what our goals are. He stated that as designated Fire
Marshal of the City, he wants it to be done correctly. So we are going to rely on
SAFEbuilt as long as necessary. Mr. Fortier inquired if the City is not concerned that it's
an LLC. Mr. Eseltine stated that it's just like any other private provider company, and
there are many of them. Mr. Fortier inquired if these are the same individuals who do
Fellsmere, and Mr. Eseltine stated yes.
Ms. Carbano inquired as to whether their certificate of insurance will be enough to cover
everything. Mr. Eseltine stated yes. He stated that we are piggybacking off a contract
that has already been let out, and they have already done their due process of getting
bids, etc., so you are allowed to piggyback off other contracts that are already in
existence, and that is what we intend to do with the Orange County contract. Of course,
all of this has to be reviewed by Council. If the Ordinance looks like it is going to be
approved, he is going to present it.
Mr. Manero inquired if Mr. Eseltine is going to be the Fire Marshal then. Mr. Eseltine
states that he is the Building Director. If this ordinance goes through, that would be
another title that he would have. So basically he is going to be directing it. But as the
Statute says, even if you're designated as a fire marshal, unless you are a
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Minutes of Regular Meeting of January 23, 2018
certified fire safety inspector, you can't do any of the inspections. So you are basically
an administrator at that point. He intends to have that certification, and he will be
coordinating everything. Mr. Manero asked if this creates another position at the
Building Department of Fire Marshal. Mr. Eseltine stated that the Ordinance designates
the Building Director as the Fire Marshal. Between the Fire Prevention Code and
Building Code there are differences, but there are a lot of things that are the same in
their makeup. Mr. Manero asked if in a few years another building official comes in, do
they have to be the Fire Marshal also. Mr. Eseltine stated that he feels it would be wise
of the City to look for someone who has those credentials or could get the fire safety
inspector credentials. You can designate someone as the Fire Marshal for the City, but
they can't do any inspections themselves unless they have the proper credentials. So
they could be an administrator -type person making sure that these things are getting
done. But without the certification themselves, they can't be the ones doing them. Mr.
Fortier asked how many inspectors there are. The answer is four. Then there would be
people who could step in in case there is an issue. Mr. Eseltine stated that is his goal.
Ms. Carbano stated that this is only relative to commercial building anyway. Mr.
Eseltine stated that since Sebastian has a height limitation on buildings, there aren't any
high rises, large apartment complexes and things of that nature, so none of these are
super complicated. SAFEbuilt is going to be kept on as long as they are needed, and
he feels that they will be up to speed fairly soon. Mr. Crockett stated that, having
worked in a few jurisdictions in South Florida that had it both ways —One -Stop and
sending it out, as you do here ---there is no question about the efficiency factor. He also
asked about the cost. Mr. Eseltine stated they don't plan to pass any of the cost on to
the consumer from hiring SAFEbuilt. So there shouldn't be any extra fee because we're
using SAFEbuilt. Mr. Crockett asked if they expect a higher additional fee for the fire
inspectors. Mr. Eseltine stated that his plan is to get everyone they now have as a
building inspector trained as a fire and safety inspector as well. They want to be able to
do it in house with the staff they have. The staff knows the codes, so there is no reason
why they will not be able to know the fire codes. It's just going to take some time. As
far as fees go, they are going to propose to bring back a resolution for their fee
schedule. It will have to be adjusted in some places in order to cover the costs. They
are paying a fee now at Indian River County's Fire Department for whatever they take
down there. So Sebastian's is not going to be any higher than theirs, probably less.
Mr, Fortier inquired whether the budget for the Building Department will go up. Mr.
Eseltine stated that they are going to have to do a budget adjustment if this passes,
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Minutes of Regular Meeting of January 23, 2018
since this is midyear and we have already established the budget. He has talked to the
Finance Director about that as well as the contract with SAFEbuilt, so he is aware. But
most of the cost for doing this should be offset by adjusting their fee schedule. He
stated that cost savings includes travel time and having to go back and forth between
Sebastian and Vero Beach, and the wait time and all of that. Mr. Fortier asked
regarding whose travel time. Mr. Eseltine explained that when a permit is applied for,
typically the contractor comes to the Building Department, submits a set of plans. He
has to have three sets. One of them is going to go down to the Fire Bureau for their
review of the same set of plans. If there are plan review comments, they have to bring
in the revised plans, and then it's the same process —go to the Building Department
first, drop the plans off, drive down to Vero Beach and submit them there. Mr. Fortier
asked if it's more work for the Building Department, and it's going to cost more money to
actually do it in the end, the positive aspect is it's going to save time for contractors. Mr.
Eseltine stated the fee schedules are going to be adjusted, so there will probably be
something like a fire plan review fee that will be paid in addition to what is now in effect
for a building plan review fee. So yes, there are going to be some additional costs up
front in their department, but it's not going to be any more money than they are already
paying once they pay Sebastian and then go down and pay Vero Beach also. So the
benefit is going to be money and time traveling down to Vero Beach. Mr. Fortier then
stated that the benefit is for the contractor, not for the City so much. Mr. Eseltine stated
that his department is here to serve the City. Ms. Carbano asked if it's going to cost the
contractor more because they are going to adjust the fee schedule. Mr. Eseltine stated
he hasn't gotten that far into the fee schedule and he doesn't know what the changes
will be. He is just trying to propose the ordinance right now, and this is the first step, to
see what the Board thinks, what recommendation you would give to City Council. He's
hoping for a favorable recommendation, but there are some other hurdles they have to
get over, and one of them is the fee schedule to make sure that they are appropriately
recouping the money they should for the service, He states he thinks it's a good thing.
He has a good relation with the Fire Bureau people, but for every plan review that finally
gets approved he has to wait for them to send him an email before he can actually
release the plans. For every inspection that is done, he has to get an email or remind
them to get him an email so that he can get it approved in his system so that he has a
record of these things. Ms. Carbano agreed that, even in addition to the travel involved,
Sebastian is going to be able to do it more timely than waiting for their request to get to
the front of the line in Vero Beach. Mr. Fortier stated that it makes sense all the way
around. Mr. Eseltine stated that the City Manager and he have been discussing this for
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probably a year. He is close to getting the study courses done, and now is the time to
bring it forward and see if they can make it happen.
Mr. Eseltine asked if the Board wanted to go over any aspects of the Ordinance itself.
None were voiced.
Mr. Eseltine would like for the Board to make a motion to propose a recommendation to
City Council.
Ms. Carbano called for a motion.
MOTION
Mr. Crockett made a motion for the Board to recommend to City Council changes to
Ordinance No. 0-18-02, seconded by Ms. Carbano.
ROLL CALL
Ms. Carbano -- Yes
Mr. Fortier —Yes
Mr. Manero -- Yes
Mr. Hosey -- Yes
Mr. Crockett -- Yes
Total Vote was 5-0 in favor. Motion carried.
8. Board Matters -- None.
9. Attornev Matters
Ms. Carbano asked if we do have a new City Attorney. Mr. Eseltine stated yes, and that
at the next Council Meeting is when they will go over his contract and make it official.
10. Fifteen (15) Minutes to the Public -- None
12. Adiourn
Chairwoman Carbano called for any further business; hearing none, she adjourned the
meeting at at 7:04 p.m.
ORDINANCE NO. 0-18-02
TO AMEND, REVISE AND UPDATE CH.42 OF THE
CITY OF SEBASTIAN CODE OF ORDINANCES
FIRE PREVENTION AND PROTECTION
REGULATIONS BY FLORIDA STATUTE
® FS 553.79 — No building permit can be issued that is subject to
review of the Florida Fire Prevention Code and Life Safety
Code until it is reviewed and approved by a certified Fire
Inspector pursuant to FS 633.216.
Currently the Indian River County Fire Bureau provides these
services.
• This applies to all new commercial buildings, additions or
renovations including fire cnrinlelAr mnri firA alarm normitc
CURRENT PROCESS
• Applicants for commercial projects are required to submit to
the City of Sebastian Building Department as well as a
separate submittal to the Indian River County Fire Bureau in
Vero Beach, Florida.
• Time frames for permits and inspections are routinely delayed
because two separate agencies are involved in this process.
• This divided process is time consuming, costly and adverse to
the economic development of this City.
"ONE STOP SHOP"
The City would like to establish a "One Stop" pruc;euure where
construction plans can be reviewed by the City for compliance
with the Florida Building Code as well as the Florida Fire
Prevention Code and Life Safety Code.
• Applicants will be able to submit their plans to the building
department and expect to have their plans reviewed in a
timely manner. This will expedite the permit process greatly.
• Inspection requests will be through one agency only,
eliminating the need for duplicate inspections.
ENABLING LEGISLATION
• Florida Statute 633 - Fire Prevention and Control
• FS 633.118 - Persons authorized to enforce laws and rules of State
Fire Marshal; provides that ..."personnel designated by local
governments having no organized fire service providers are
authorized to enforce this chapter and all rules prescribed by the
State Fire Marshal within their respective jurisdictions."
• The term "fire service provider" is defined in FS 633.102 to mean a
municipality or other form of government that employs fire
firefighters, or use volunteer fire fighters to provide fire
extinguishment or fire prevention services.
• The City of Sebastian does not have an organized fire department
but still has the authority to enforce the laws and rules of Chapter
633 Florida Statutes and all the rules of the State Fire Marshal.
CREATION OF FIRE MARSHAL'S OFFICE
• The proposed ordinance gives authority to City Council to
establish a Fire Marshal's office responsible for the
enforcement of the City's fire prevention and protection
regulations and the laws and rules of the State Fire Marshal.
• The City fire marshal (or designee) will be responsible for the
issuance of permits, certificates, notices, approvals and/or
orders pertaining to life safety, fire control and fire hazards.
• The proposed ordinance designates the building director to be
the fire marshal for the City.
INSPECTION AND PLAN REVIEW
• Florida Statute 633.216 states that each municipality that has fir(
safety enforcement responsibilities shall employ or contract with
certified fire safety inspector to conduct all fire safety inspection:
required by law.
• The proposed ordinance gives City Council the authority to enter
into contracts with other approved agencies for fire protection
services.
For the purpose of providing fire safety inspections and fire
protection services by qualified individuals, the City will propose to
enter into a contract with SAFEbuilt Florida, LLC.
• Building Department staff is currently undergoing training to
become state certified fire safety inspectors. Staff will be fully cross
trained to enforce all aspects of fire prevention and life safety rules
and regulations as required by law.
CONCLUSION
• Proposed
Ordinance 0-18-02
gives
authority to
City Council to
establish
a Fire Marshal's
office for
the purpose
of the
enforcement of the laws and rules of the State Fire Marshal.
• The creation of a "one stop" procedure at the building
department, will greatly enhance the city's ability to expedite
the permit process and control all aspects of fire prevention
and life safety.
• The establishment of the Fire Marshal's office within the City
of Sebastian is in the best interest of health, safety and
welfare of the citizens of Sebastian.