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RESOLUTION NO. 2019- 010 <br /> A RESOLUTION OF THE BOARD OF COUNTY <br /> COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA <br /> DECLARING THE INTENT OF THE BOARD TO INITIATE <br /> THE CONFLICT RESOLUTION PROCEDURES SET FORTH IN <br /> CHAPTER 164, FLORIDA STATUTES, THE FLORIDA <br /> GOVERNMENTAL CONFLICT RESOLUTION ACT; FINDING <br /> THAT A CONFLICT EXISTS WITH THE CITY OF SEBASTIAN <br /> WITH RESPECT TO THE CITY FIRE MARSHAL'S OFFICE; <br /> DIRECTING THE COUNTY ADMINISTRATOR TO MAIL A <br /> CERTIFIED COPY OF THIS RESOLUTION TO THE CITY OF <br /> SEBASTIAN AS WELL AS THE CITY OF FELLSMERE. <br /> WHEREAS,pursuant to section 208.09 of the Indian River County Ordinance Code (the <br /> "Code"), the Indian River County Fire Marshal's Office is operated under the supervision of the <br /> Fire Chief of the Indian River County Fire Division, under the direction of the Director of the <br /> Indian River County Department of Emergency Services; and <br /> WHEREAS, the fire chief is responsible for designating a fire marshal who is <br /> responsible for the administration and enforcement of applicable provisions of the Code, the <br /> State Fire Prevention and Control Chapter (Chapter 633, Florida Statutes) and Chapter 69A-60, <br /> Florida Administrative Code; and <br /> WHEREAS, the fire marshal, or his or her designee, is responsible for issuing permits, <br /> certificates, notices, approvals and/or orders pertaining to life safety, fire control and fire <br /> hazards; and <br /> WHEREAS, under section 208.11 of the Code, unless otherwise provided by law, annual <br /> fire safety inspections are required to be conducted by qualified inspectors of all buildings <br /> specified in the Florida Fire Prevention Code under the emergency services district jurisdiction; <br /> and <br /> WHEREAS,the City of Sebastian City Council has adopted an ordinance establishing an <br /> independent City Fire Marshal's Office that would have the same responsibilities as that of the <br /> Indian River County Fire Marshal's Office; and <br /> WHEREAS, the Florida Governmental Conflict Resolution Act, Chapter 164, Florida <br /> Statutes, requires governmental entities to follow a dispute resolution process prior to engaging <br /> in litigation against another governmental entity; <br /> NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br /> COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA THAT: <br /> 1. The Indian River County Board of County Commissioners adopts as true and <br /> correct the recitals stated above and incorporates same by reference as part of this Resolution. <br /> F.L4ttorneylL ndalGENERALIResolesions&OrdinancesResolunonsChayter 164 Fin Marshal Resoludon.doc Page 1 of 2 <br />