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Everyone has to follow the same building code. It doesn’t matter what religion or community you belong to. That’s what Charlotte County supervisors were told during their Wednesday, Dec. 11 meeting, as they looked into what their options were. 

The problem, as Charlotte County Building Inspector John Hess has told the board before, is that the Amish refuse to follow the state building code. Then in turn, contractors and homeowners around the county get upset, asking why they have to follow the building code if the Amish can get by without it. Back in September, supervisors asked Hess, Charlotte County Administrator Daniel Witt and the county attorney to come with a way to enforce the code, while giving people a way out if need be. One option was presented in the Dec. 11 meeting, with the idea of setting up an appeals court. 

“Basically, the building official is required by state code to fulfill what is stated in that building code,” Witt told the board. “He doesn’t have an option. I think the board doesn’t have an option to pick and choose what is enforced or in what community it is enforced. It’s not something that is the decision of the board.” 

However, what if the county set up a specific type of appeals court, giving people a way to challenge the building code? 

“When John starts sending out notice of violation, the person would be notified they have an option to appeal,” Witt said. “If you don’t want to put something in your house and the code says that you have to, you could appeal that.” 

Special requirements for appeals board

There are some rules, according to state law, as to who can serve on this type of appeals board and how many.
“They have to be contractors, builders, property managers, there has to be one professional engineer or architect on that board,” Witt explained.
There must be five members on it. Witt added that Hess has already contacted people who qualify. However, as of yet, he hasn’t been able to find a professional engineer or architect. If the county can’t find the people it needs to fill an appeals board, Witt suggested reaching out to a neighboring county that has one already in place. It might be possible, he said, to work out a memorandum of understanding and pay to use their group.
“I would like to see a local board,” said Supervisor Hazel Bowman Smith. “I would prefer that over contracting with another board.”
Smith said she would want at least one person from each of Charlotte County’s districts on the board and would like the potential applicants brought to supervisors, so they make the final decision.
Witt pointed out he’s not sure it’s possible to get someone from each district, because of the requirements to serve. The only other alternative, if an appeals board doesn’t work, would be to fine anyone who doesn’t follow the state code. That could be done up to $2,500 for repeat offenders. Supervisor Henry Carwile argued that fines were a waste of time, because a person could just take the county to court. Then, in court, he said, what happens when a person tells the judge they didn’t follow the state code because of their religion?
“I don’t think a judge will fine them,” Carwile said. “I think it’s just wasting his time.”  

What happens next with building code? 

Supervisors asked Witt to come back with a specific plan on how to form the appeals board, along with possible candidates.