INDIAN RIVER COUNTY — The Board of County Commissioners today voted to adopt the “the latest edition” of the Florida State Building Code. The vote came after a fiery and largely fruitless discussion that began last week and spilled over into Tuesday’s meeting, covering everything from the role of government in citizens’ lives to the cost of replacing air conditioning systems.
At last week’s meeting, staff asked the Board to adopt the 2010 Florida Building Code so county code would officially be in conformance, a seemingly routine request.
County Attorney Alan Polackwich pointed out state code is already law, with or without the Board’s consent. County Administrator Joe Baird said adoption was needed to clarify building requirements in the county for builders and building code officials.
Despite those facts, which were never in dispute, commissioners launched into a group tirade that went on for an at least an hour and a half about changes in the updated state code they did not agree with, which they said would wreak economic havoc in the county, causing insurance rates and building costs to go up.
Commissioners presented detailed hypothetical scenarios based on anecdotal incidents to illustrate the dire consequences of the updated code, and bemoaned arrogant state government imposing its will on county residents.
Commissioners suggested more than once the new codes governing energy efficiency of air conditioners crafted by the legislature were the result of undue influence by industry trade groups, saying the fix was in in Tallahassee.
When they occasionally asked Polackwich to clarify their position, which had already been made clear, and tell them what they could do to stop the outrage, he reiterated their discussion was essentially moot, because state code was already law.
Baird said not adopting the code would create problematic ambiguity and potentially cause problems for county building officials.
If county code shows one requirement but state law actually requires something else, contractors will be uncertain what standard they should adhere to and building officials will be handicapped in enforcing either code, Baird told commissioners.
“Jose [Guanch, the building official in charge of code enforcement] has to adhere to professional standards and you are making that impossible for him,” Baird said.
Each time it was reminded state code automatically applies in the county, the Board launched into a further expression of resentment at provisions of the code it disagreed with.
Commissioners talked about passing an ordinance or resolution specifically rejecting the state code and sending that to Tallahassee in hope of sparking a cascade of similar protests from other counties.
“Let the revolution begin here,” said Commissioner Wesley Davis, a sentiment seconded by other commissioners.
At the end of last week’s meeting, after being reminded yet again they had no influence over the reality or supremacy of the state code, commissioners failed to pass a protest measure but could not bring themselves to do the obvious and adopt state regulations either.
Instead they continued the discussion until today’s meeting with the understanding the delay was a measure of their disapproval.
Today, Guanch brought the matter before the Board again, saying adoption of the state code was “essential for the safety and well-being of the citizens of Indian River County and for the operation of the building department.”
Commissioners continued to express their outrage and dismay with government regulation of commerce, but in a somewhat more subdued manner. They got fired up again for a little while after two HVAC contractors spoke about flaws they perceived in the revised state code, but in end they eventually acquiesced to the inevitable.
“This discussion is for naught,” said Commissioner Gary Wheeler, who, along with Commissioner Peter O’Bryan, was somewhat a voice of reason during the extended protest.
In the end, the board accepted the state code but with the fig leaf of slightly altered language. Instead of adopting the 2010 Florida State Building Code, which was anathema to them, they adopted “the latest edition” of the code.
After the deed was done Davis admitted the altered language amounted to “a distinction without a difference,” but still insisted he had and the others had distanced themselves from provisions they objected to.
