MINUTES NOT VERBATIM
SANTA ROSA COUNTY BUILDING CODE
BOARD OF ADJUSTMENTS AND APPEALS MEETING
MINUTES
JUNE 9, 2004
The regular meeting of the Santa Rosa County Building Code Board of Adjustments and Appeals was held June 9, 2004, at 3:00 p.m. in the Conference room of the Santa Rosa County Building Inspection Department located at 6051 Old Bagdad Highway, Room 202, Milton, FL 32583. Board members present were Mr. Larry Hall, Chairman, Mr. Frank Harold, Vice Chairman, Mr. Charles “Pete” Southerland, Mr. Danny Holt and Mr. William J. Blackman.
Building Inspection Department staff in attendance were Mr. Skip Tompkins, Compliance Division Superintendent; Mrs. Rhonda Royals, Deputy Building Official; and Ms. Amy Allen, Permit Analyst. Mr. Tim Tolbert, Building Official was absent from the meeting.
Mr. Tom Dannheisser, County Attorney was absent from the meeting.
Mr. Hall called the meeting to order at 3:04 p.m.
Approval of Agenda:
Mrs. Royals stated that there was an amendment to the agenda. Old business item “A” should be moved to item “B” and original item “B” should be moved to “A”. Mr. Southerland made a motion to accept the amended agenda. Mr. Blackman seconded the motion. The motion carried with an unanimous vote.
Approval of Minutes:
Mr. Blackman made a motion to approve the minutes from the May 12, 2004 meeting. Mr. Southerland seconded the motion. The motion carried with an unanimous vote.
Next Meeting:
The next regularly scheduled meeting is scheduled for Tuesday, Ju ly 13, 2004, at 3:00 p.m. in the Board of County Commission’s Board Room. Mr. Southerland asked that the August meeting be moved to August 4, 2004.
Santa Rosa County VS Michael Edward Seamon d/b/a Cox Pools
Ms. Allen explained to the Board that Cox Pools had eight expired permits at the last meeting. Cox Pools now has four expired permits. Four of the original expired permits have been finalized.
Mr. Stephen Schreifer representing Cox Pools was present to state his case. Mr. Schreifer presented the Board with information on the four expired permits. Mr. Schreifer explained that one of the homeowners would be contacting the Building Department directly concerning an alarm issue at his home.
Mr. Schreifer also explained the changes that Cox Pools has made to their contract initiation with new pool owners. Mr. Schreifer explained that Cox Pools has also drafted a letter to send to all homeowners who have not had a final inspection. The letter has been successful.
Mr. Southerland made a motion to continue the case until next month. Mr. Blackman asked that if all of the permits are finalized, Cox Pools would not have to attend the next meeting. Mr. Southerland amended his motion to continue the case until next month; however, if all permits are finalized, Cox Pools would not have to attend. Mr. Blackman seconded the motion. The motion carried with an unanimous vote.
Mrs. Royals read a section out of Chapter 515 of the Residential Swimming Pool Safety Act. Discussion ensued on rather the statute was intended for the contractors or the homeowners. Mrs. Royals stated that she would meet with the County Attorney to determine the statute. The County Attorney has also been drafting a letter for the homeowners and would have it ready before the next meeting.
Mr. Harold asked what the main problem for the contractors getting the pools finalized. It was discussed that the alarms were causing most of the problems. Discussion ensued on the sequence of inspections for the swimming pools.
Mr. Hall and Mr. Randy Jones, Compliance Investigator, discussed the four different types of safety requirements that are allowed by the code. One of the four types must be met to finalize the pool.
Discussion ensued on who was responsible for installing the alarms. The contractors discussed that they do not install the alarms; the homeowners are responsible for that. The Board explained that the contractors are responsible for the alarms being installed at the job for a final inspection. The homeowners are responsible for maintaining those alarms after the job has been finalized.
Roberts’ Pools explained that most of the homeowners remove the alarms just as soon as the final inspection has been completed. Discussion among Roberts’ Pools and the Board ensued regarding the knowledge homeowners have of the required alarms and who was ultimately responsible for those alarms.
Mr. Jones explained that all permits issued after May 05, 2004 must be hard-wired/plug in only. Any permit before that date could be battery operated.
Mr. Jones also explained that the forms that the homeowners are required to sign before a permit is issued are only acknowledgements stating that alarms are required.
Old Business (Probable Cause)
Santa Rosa County VS Mr. Donald E. Suggs d/b/a Avalon Pools
Mr. Ronald Moore from Avalon Pools was present at the meeting to state his case. Mr. Moore is a partner with Mr. Donald E. Suggs, license holder for Avalon Pools.
Ms. Allen explained that Avalon Pools has nine outstanding permits that have not been finalized. Mrs. Royals explained that Mr. Moore had met with her and several other inspectors to discuss the requirements for the permits.
Avalon Pools has three permits that need a reinstatement fee paid. This fee has not been paid at this time. Mr. Moore explained that he has been working on ways to change the current permitting process to assist getting the permits finalized in the future.
The Board explained that the permits must be inspected. Discussion ensued on the different ways the contractor can prevent the homeowners from using the pool until it had passed a final inspection. The Board also discussed with Mr. Moore the fact that no progress had been made to rectify the situation.
Mr. Southerland made a motion to take the case to a Formal Hearing. Mr. Harold seconded the motion. The motion carried with an unanimous vote.
Mr. Moore asked that if prior to the Formal Hearing if all of the permits are finalized if he would still be required to appear before the Board. The Board explained that if all are completed, the Formal Hearing would be dismissed.
Old Business (Probable Cause)
Santa Rosa County VS Mr. John W. Gay d/b/a Panama Pools
Ms. Allen explained that Panama Pools has seven permits that are still expired. Mr. John Gay was present at the meeting to state his case. Mr. Gay explained that one of the permits was released by the contractor due to problems with the homeowner and general contractor.
Mr. Gay explained that two of the outstanding permits were still under construction. Mr. Gay did pay the reinstatement fee for two of the permits; however, no inspections have been made. Mr. Gay also explained that one of the outstanding permits is due to an electrical problem. Mr. Gay has been in contact with the Building Inspection Department regarding this problem.
Mr. Gay explained that there are other counties in the state of Florida that will not allow water to be filled in the pool before a final inspection has passed. Mr. Blackman explained that all the Board wants is a final inspection. The Board explained that it is the contractor’s responsibility to call for a final inspection.
Mr. Hall explained how important it is for a final inspection to be completed. Mr. Hall explained that the statutes are in place to ensure that a swimming pool is completed.
Mr. Harold made a motion to carry the case to a Formal Hearing. Mr. Blackman seconded the motion. The motion carried with an unanimous vote.
Old Business (Probable Cause)
Santa Rosa County VS Mr. James Wesley Foster d/b/a Dolphin Pools
Ms. Allen explained that Dolphin Pools has four permits that are still expired. Mr. Foster was present at the meeting to state his case. Mr. Foster explained that there are problems on three of the four permits. One is under construction, a permitting problem with a contractor has caused a situation for one, and an electrical problem has occurred on the third. The fourth permit is waiting on a fencing contractor. This problem should be resolved soon.
Mr. Blackman made a motion to continue the case to a Formal Hearing. Mr. Harold seconded the motion. The motion carried with an unanimous vote.
Mr. Foster explained that if the alarms are checked as soon as they are installed, regardless if it is prior to the final inspection, the problem may be diminished.
Old Business (Probable Cause)
Santa Rosa County VS Mr. Robert W. Siyufy d/b/a Roberts’ Pools
Mr. Robert W. Siyufy Jr. was present at the meeting to state his case. Ms. Allen explained that Roberts’ Pools has four permits that are still outstanding. Mr. Siyufy explained that one of those four permits is scheduled for one.
Mr. Siyufy explained that another one of the outstanding permits has a problem but Mr. Siyufy has been in contact with the Building Inspection Department.
Mr. Blackman made a motion to carry the case to a Formal Hearing. Mr. Harold seconded the motion. The motion carried with an unanimous vote.
Mr. Hall called a break at 4:25 p.m.
The meeting was called back to order at 4:35
New Business (Probable Cause)
Santa Rosa County VS Mr. Peter John Hare d/b/a Anglo Pool and Spa Co.
Ms. Allen explained that Mr. Hare had called the office the day of the meeting. He left a message with Ms. Allen stating that he is working on the expired permits. There are three outstanding permits. Ms. Allen returned Mr. Hare’s call but was unable to make contact with him.
Mr. Blackman made a motion to carry the case to a Formal Hearing. Mr. Southerland seconded the motion. The motion carried with an unanimous vote.
New Business (Probable Cause)
Santa Rosa County VS Mr. Donald G. Phillips d/b/a D K Pools Inc.
Ms. Allen explained that D K Pools has four outstanding permits. Mr. Phillips was present at the meeting to state his case. Mr. Phillips explained that one of his outstanding permits is outstanding due to financial problem with the homeowner. Mr. Blackman asked the staff to table that permit until litigation had been resolved.
Mr. Phillips also explained that one of his permit homeowners is overseas and has no way of getting in touch with him. Mr. Phillips explained that he would check with the neighbors to try to find a way to inspect the house. Mr. Blackman asked that Mr. Phillips do all he can to contact someone so the pool can be inspected.
Mr. Phillips explained that he can solve all of the issues and have the pools inspected except for the pool in litigation.
Mr. Blackman made a motion to carry the case to a Formal Hearing. Mr. Southerland seconded the motion. The motion carried with an unanimous vote.
New Business (Probable Cause)
Santa Rosa County VS Mr.
Brett Allan Goll d/b/a Golls Pools Inc.
Ms. Allen explained that Golls Pools has three permits that are expired. Mr. Brett Goll was present at the meeting to state his case. Mr. Goll explained that one of the three’s homeowners is overseas. Mr. Goll is working with the homeowner to get the alarms installed.
Mr. Goll explained that he had a permit that was scheduled for a final inspection but the inspector did not make it to the jobsite. The Building Department will research that situation.
Mr. Blackman made a motion to carry the case to a Formal Hearing. Mr. Harold seconded the motion. The motion carried with an unanimous vote.
New Business (Probable Cause)
Santa Rosa County VS James Ronnie Cawthon d/b/a Southland Pools
Ms. Allen explained that the Building Inspection Department has not been able to make contact with Mr. Cawthon. Mr. Cawthon has not updated the department with a current address.
Mr. Blackman made a motion to bring the case to a Formal Hearing. Mr. Southerland seconded the motion.
Mrs. Royals explained that the Board can not proceed with a Formal Hearing due to the fact that Mr. Cawthon has not been notified of the Probable Cause meeting. Mrs. Royals explained that his license was current except for his liability insurance which can be updated. Mr. Jones stated that he is working for another contractor.
Mr. Blackman modified his motion to bring the case back to a Probable Cause meeting. Mr. Southerland seconded the motion. The motion carried with an unanimous vote.
New Business (Probable Cause)
Santa Rosa County VS James G. Dular d/b/a Tam Tech Services Inc.
Mrs. Allen explained that Tam Tech Services has four outstanding permits. Ms. Sherry Helton was present at the meeting. Ms. Helton explained that the four outstanding permits are all alarm issues. Tam Tech Services has contacted the homeowners of the outstanding permits informing them that the pool must be inspected.
Ms. Helton also explained that Okaloosa County has stepped in and assisted the company by contacting the homeowners directly.
Ms. Helton is the office manager for Tam Tech Services.
Mr. Harold made a motion to carry the case to a Formal hearing. Mr. Blackman seconded the motion. The motion carried with an unanimous vote.
Mr. Harold made a motion to adjourn the meeting. Mr. Blackman seconded the motion. The motion carried with an unanimous vote.
Mr. Hall adjourned the meeting at 4:53 p.m.
Approved this ______ day of __________________ 2004.
_______________________________________________
James Larry Hall
Chairman
Prepared by Amy Allen, Permit Analyst I
Santa Rosa County Building Inspection Department