The Board of Examiners and Appeals is a body established by the 1935-miami-dade-building-code to determine the suitability of alternate materials and construction methods and to provide reasonable interpretations of the code’s provisions (p. 32).
Composition
The Board consists of three members appointed by the City of Miami Manager, each serving a one-year term (p. 32). The members must be qualified by experience and training, specifically:
- One licensed and practicing Architect.
- One competent Builder of structures on land.
- One licensed and practicing Structural Engineer.
Each member must have at least ten years of experience in their respective field (p. 32). The Building Inspector serves as an ex-officio member and Secretary but does not have voting rights (p. 32).
Powers and Duties
The Board hears appeals from individuals whose applications for building permits or use of alternate materials have been refused by the Building Inspector (p. 32). It also addresses cases where code provisions may cause manifest injury or do not cover specific points (p. 32).
Decisions regarding the interpretation of the code to cover special cases require a unanimous vote, while decisions on the use of alternate materials or types of construction are made by majority vote (p. 32). The Board may recommend new legislation to the City Commission and renders all decisions in writing to the Building Inspector and the appellant (p. 32).
Process
Applicants appealing a decision must serve a written notice on the Building Inspector and pay a fee of $10.00, which is retained by the City if the appeal is denied (p. 32). The Board may order necessary tests to evaluate alternate materials, with the applicant guaranteeing payment for such tests (p. 32).
See also: 1935-Miami-Dade-Building-Code_p25_44, code-enforcement-mechanisms