§ 96.17. APPEALS.

(A)

In accordance with F.S. Section 633.025(4)(d), the validity of locally adopted amendments to the Florida Fire Prevention Code may be challenged by requesting a hearing with the City Commission. The hearing shall take place within forty-five (45) days of the date of the request.

(1)

For purposes of such challenge, the burden of proof shall be on the challenging party to prove that the local amendments:

(a)

Are not justified due to local conditions which require more stringent requirements than those specified in the Florida Fire Prevention Code for the protection of life and property or due to special situations arising from historic, geographic, or unusual conditions; or

(b)

The additional requirements are discriminatory as to materials, products, or construction techniques of demonstrated capabilities.

(B)

Actions of the City Commission shall be appealed to the department of financial services in accordance with F.S. Section 633.025(4)(d).

(C)

Actions of the department of financial services are subject to judicial review pursuant to F.S. Section 120.68.

(Ord. No. 10-06, § 1, passed 2/21/06)