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HomeMy WebLinkAbout2001 12 10 Public Hearings C Amending Chapter 6 of the Code of Ordinance COMMISSION AGENDA ITEM C Consent Informational Public Hearing X Regular December 10, 2001 Meeting ..{"'-- ~ {ifNI! Mgr. / Att. / Dept. .;. REQUEST: The Community Development Director and City Attorney present to the City Commission for its c.onsideration an Ordinance amending Chapter 6 of the Code of Ordinances, and request the Ordinance be approved. , . PURPOSE: '. . The purpose 'of this Agenda item is to request the City Commission to consider an Ordinance amending the City of Winter Springs Code. Section 553.73 Florida Statutes (2001) provides for the adoption of a unified state~wide Building Code,. which supercedes all local regulations and becomes automatically effective on January 1, 2002. (At the draftih'g of this Agenda Item, the Florida Legislature'was considering.extending.this.date to March 1,2002.) ::l~" . . . . . The Florida Building Code prov~des that local governments shall. be responsible for the administration and. enforcem~nt of the Code. The Code allows local governments to amend the Code for the adoption of administrative p:t;ocedures. This Ordinance provides for the amendment of the , Flo;i1da Building Code to provide local administrative procedures, additional definitions, the ~stablishm.ent of wind speed lines and adopts appendices of the Code. . APPLICABLE LAW, AND PUBLIC POLICY: Chapter 553, Florida Statutes, (2001) providing for the adoption of a unified statewide Building Code, and providing for local administrative and technical amendments. Page .Iof 2 CONSIDERATIONS: The Florida Building Commission, in accordance with the Florida Building Code Act, has adopted by rule a statewide and uniform Building Code. The Florida Building Code, upon its effective date, supercedes all local building codes. Local jurisdictions are charged with the administration and enforcement of the Florida Building Code and as such may adopt administrative provisions for the enforcement of the Code, as well as technical amendments where necessary for the safety and welfare of its citizens. Based upon the foregoing, the City Commission has previously reviewed and approved, at first reading, an Ordinance which adopts administrative amendments to the Florida Building Code, but also repealed many sections of the City's existing Code as a house keeping measure. The Community Development Department and City Attorney's Office has become aware of major revisions to the Florida Building Code which were enacted by the Florida Building Commission at the end of November, and which will take effect on the effective date of the Florida Building Code. One such change repeals nearly all of Section 3109 of the Florida Building Code, Flood Resistant Construction, which makes it necessary for the City to maintain Chapter 8 of the Code of Ordinances, which would have been repealed by the Ordinance under review. As the status of the Code is apparently not finalized, and that the Florida Legislature is currently considering moving the effective date of the Florida Building Code back to March 1, 2002, the Community Development Department and City Attorney have redrafted the proposed Ordinance such that the existing code will not be repealed, but instead only Article II, of Chapter 6, will be amended. After the Florida Building Code becomes effective, a "housekeeping" ordinance will be brought forward to repeal the appropriate sections of the City Code. STAFF RECOMMENDATION: The Community Development Director and City Attorney recommend the approval of Ordinance No. 2001-57 on Second and Final reading. ATTACHMENTS: Ordinance No. 2001-57 Executive Summary COMMISSION ACTION: Approved Ordinance 2001-57 at first reading on November 26,2001. F:\DOCS\City of Winter Springs\Agenda\Fla Bldg Code 2001-57120401 jpb.jd Page 2 of 2 MEMORANDUM To: Mayor Partyka City Commission Members City Manager From: Anthony Garganese Prepared by: JeffBuak File Name: City of Winter Springs - General File No.: 1193 Subject: Executive Summary Chapter 6 Amendments Date: December 4, 2001 This executive summary is prepared to explain changes which have been made to the proposed ordinance, which is coming before the Commission for a second reading and public hearing on December 10, 2001. In response to the enactment of the Florida Building Code, the Community Development Department in conjunction with the City Attorney's Office prepared an ordinance whichwould enact local administrative procedures, establish wind lines, and set minimum flood elevations; and as a "house-keeping" matter repealed all sections of the existing Winter Springs Code which will be superceded by the Florida Building Code upon becoming effective. Since the Commission's last meeting, the Florida Building Commission has prepared and published 242 pages of modifications to the Florida Building Code. Of most importance is the near total retraction of Section 3109 Flood Resistant Construction in favor of allowing local regulations. The previous ordinance submitted for your review included repealing Chapter 8, Flood Damage Prevention. In light of this unexpected modification, by the Florida Building Commission, to the previously approved and published Florida Building Code, it is the City Attorney's opinion thatthe City Commission should enact only the portion providing for administrative provisions, the establishment of wind lines and adoption of applicable appendices. Repealing ofthe existing City Code made ineffective by the Florida Building Code can be done following the effective date of the Florida Building Code. In the interim, the City Attorney will work with the Community Development Department where necessary on a case by case basis to ensure the proper application of the law. For the Commission's consideration, the City Attorney's Office has prepared a revised ordinance which amends Article II, of Chapter 6. If you have any questions please do not hesitate to call our offices. Page 1 Brown, Ward, Salzman & Weiss, P.A.. 225 E. Robinson St.. Suite 660. Orlando, Florida 32801. (407)425-9566 Phone. (407)425-9596 Fax ORDINANCE NO. 2001-57 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA PROVIDING FOR THE AMENDMENT OF ARTICLE II, TO CHAPTER 6 OF THE CODE OF ORDINANCES, ENTITLED ADMINISTRATION, AMENDING THE FLORIDA BUILDING CODE; PROVIDING FOR THE ADOPTION OF A CITY WIDE WIND SPEED AND LOCATION OF WIND SPEED LINES; PROVIDING FOR THE ADOPTION OF APPENDICES TO THE FLORIDA BUILDING CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FORINCORPORA TIONINTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Building Code Act of 1998 directed the Florida Building Commission to establish a statewide uniform building code known as the Florida Building Code; and WHEREAS, the Florida Building Code has been adopted by the Florida Building Commission in accordance with Chapter 120 of the Florida Statutes, and has an effective date of January 1, 2002; and WHEREAS, the Florida Building Code is applicable to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities within the State of Florida; and WHEREAS, the Florida Building Code is to be administered, interpreted, and enforced by local jurisdictions; and WHEREAS, the Florida Building Code supersedes all local codes and automatically sunsets local regulations upon its effective date; and WHEREAS, the Florida Building Code provides local jurisdictions, under certain defined conditions, the ability to amend administrative and technical requirements of the code, so long as the same are more stringent and nondiscriminatory in nature; and WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. City of Winter Springs Ordinance No. 2001-57 Page 1 of 21 NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by the reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code, Chapter 6 is hereby amended as follows: (underlined type indicates additions and stIikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 6. It is intended that the text in Chapter 6 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance) CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS'" ... ... ... ARTICLE n. ADMINISTRATION Division 1. Generally Sec. 6-31. Administrative Amendments to the Florida Building Code. Chapter 1 of the Florida Building Code, as provided for in Section 553.73, Florida Statutes (2001), is hereby amended in the following respects: (The Section numbers in Italics provided below are for reference purposes only, and are included to provide ease of reference between this chapter and the Florida Building Code.) W 101.4.13 Rules of construction. The rules set out in the Florida Building Code and this chapter shall be observed, unless such construction is inconsistent with the manifest intent of the code or this chapter. The rules of construction and definitions set out here shall not be applied to any section of the Florida Building Code or this chapter which contains any express provisions excluding such construction, or where the subiect matter or content of such section would be inconsistent with this section. ill 101.4.13.1 Generally. All provisions, terms, phrases and expressions contained in this chapter shall be liberally construed in order that the true intent and meaning of the Florida Building Code and this chapter may be fully carried out. Terms used in this division, unless otherwise specifically provided, shall have the meanings prescribed by the Florida Statutes. ill 101.4.13.2 Text. In case of any difference of meaning or implication between the text of this chapter and any figure, the text shall control. ill 101.4.13.3 Delegation of authority. Whenever a provision appears requiring the building official or some other officer or employee of the City to do some act or perform such City of Winter Springs Ordinance No. 2001-57 Page 2 of 21 duty. it is to be construed to authorize the building official or other officer to designate. delegate and authorize professional level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise. (Q} 102.2 Building Division. There is hereby established a division of the Community Development Department called the Building Division. The Building Division shall be lead by the building officiaL who in turn will report to the community development director. ill 102.2.1 Building official qualifications. The building official shall be licensed. in accordance with Chapter 553. Florida Statutes (2001). and as may be amended. as a Building Code Administrator by the State of Florida. ill 102.2.3 Employee qualifications. The community development director. with the approval of the city manager. may appoint or hire such number of officers. inspectors. plans examiners. and other assistants to the building official as are needed from time to time. provided such person shall not be appointed or hired as either an inspector or plans examiner unless that person meets the qualifications for licensure as an inspector or plans examiner as established in Chapter 553. Florida Statutes. (2001) as may be amended. W 103.1 General powers and duties of the building official. The building official is hereby authorized and directed to enforce the provisions of the Florida Building Code and this chapter. The building official shall have the authority to render interpretations of this code and with the approval of the community development director to adopt policies and procedures in order to clarify the application of provisions of both the Florida Building Code and this chapter. Such interpretations. policies and procedures shall be in compliance with the intent and purpose of this code. and shall not have the effect of waiving requirements specifically provided for the Florida Building Code. ill 103.2 Right of entry. @ Building official or an authorized designee mav enter any building. structure. or premises at all reasonable times to make an inspection or enforce any of the provisions of the Florida Building Code or this chapter. In cases of emergencies or exigent circumstances where extreme hazards are known to exist. the building official may enter the building. structure. or premises at any time. all When attempting to enter a building. structure or premises that is occupied. the building official or authorized designee shall first identify himself or herself display proper credentials and request entry. If the building. structure. or premises are unoccupied. the building official shall first make a reasonable effort to locate the owner or other persons having charge of the building and request entry. If entry is City of Winter Springs Ordinance No. 2001-57 Page 3 of 21 refused. or if the owner or other persons having charge of an unoccupied building cannot be located. the building official shall have recourse to every remedy provided by law to secure entry. including an inspection warrant. (Q When the building official or authorized designee shall have obtained permission to enter. secured an inspection warrant. or obtained another remedy provided by law to secure entry. no person shall fail. after proper credentials are displayed. to promptly permit entry into the building. structure or premises by the building official or authorized designee for the purpose of inspection and examination pursuant to this code. Any person violating this section may be prosecuted within the limits of the law. ill 103.4 Revocation of permits. The building official is authorized to suspend or revoke a permit issued under the provisions of this code or chapter wherever the permit is issued in error or on the basis of incorrect. inaccurate or incomplete information. or in violation of any ordinance or regulation or any provisions of the Florida Building Code or this chapter. @ 103.4.1 Misrepresentation of application. The building official may revoke a permit or approval. issued under the provisions of the Florida Building Code or this chapter. in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. lID 103.4.2 Violation of Florida Building Code provisions. The building official may revoke a permit upon determination by the building official that the construction. erection. alteration. repair. moving. demolition. installation. or replacement of the building. structure. electrical. gas. mechanical or plumbing systems for which the permit was issued is in violation of. or not in conformity with. the provisions of the Florida Building Code or this chapter. @ 104.1.6 Time limitations. Except as otherwise provided in this chapter. an application for a permit for any proposed work shall be deemed to have been abandoned. and shall expire and become null and void six (6) months after the date ofming for the permit. or plan approval. whichever is later unless before then a permit has been issued. One or more extensions of time for periods of not more than 90 days each may be allowed by the building official for the application. provided the extension is request in writing and iustifiable cause is demonstrated. W 104.2.1.2 Additional data. The building official shall be allowed to require details. computations. stress diagrams. and other data necessary to describe the construction or installation and the basis of calculations. ill 104.2.4 Site drawings. Drawings shall show the location of the proposed building or structure and of every existing building or structure on the site or lot. The building official shall City of Winter Springs Ordinance No. 2001-57 Page 4 of 21 be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be readily determined in the field. (g} 104.2.5 Hazardous occupancies. The building official may require the followin~: ill General site plan. A general site plan drawn at a legible scale which shall include. but not be limited to. the location of all buildings. exterior storage facilities. permanent access ways. evacuation routes. parking lots. internal roads. chemical loading areas. equipment cleaning areas. storm and sanitary sewer accesses. emergency equipment and adjacent property uses. The exterior storage areas shall be identified with the hazard classes and the maximum quantities per hazard class of hazardous materials stored. ill Building floor plan. A building floor plan drawn to a legible scale. which shall include. but not be limited to. all hazardous materials storage facilities within the building and shall indicate rooms. doorways. corridors. exits. fire rated assemblies with their hourly rating. location of liquid tight rooms. and evacuation routes. Each hazardous materials storage facility shall be identified on the plan with the hazard classes and quantity range per hazard class of the hazardous materials stored. ill 104.4.6 Public right of way. A permit shall not be given by the building official for the construction of any building. or for the alteration of any building where said building is to be changed and such change will affect the exterior walls. bays. balconies. or other appendages or projections fronting on any street alley or public lane. or for the placing on any lot or premises of any building or structure removed from another lot or premises. unless the applicant has made application for right of way permits from the authority having jurisdiction over the street alley or public lane. ill 104.5.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate. canceL alter or set aside any of the provisions of the technical codes. nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans. construction. or violations of the Florida Building Code or this chapter. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six (6) months after the time the work is commenced. Failure to obtain an approved inspection within one-hundred eighty (180) days of the previous approved inspection shall constitute suspension or abandonment. One or more extensions of time. for periods not more than one-hundred eighty (180) days each. may be allowed by the building official for the permit provided the extension is requested in writing and justifiable cause is demonstrated prior to the expiration date. The building official shall record the extension of time granted. ill 104.5.1.5 Expiration of Demolition Permits. Permits issued for the demolition ofa City of Winter Springs Ordinance No. 2001-57 Page 5 of 21 structure shall expire sixty (60) days from the date of issuance. For a iustifiable cause. one (1) extension oftime for a period not exceeding thirty (30) days may be allowed. Such request shall be in writing to the building official. ill 104.6.4.1 Permit Fees. On all buildings. structures or alterations requiring a building permit. a fee shall be paid in accordance with the fee schedule adopted by resolution of the city COmtnlSSlon. ill 104.6.6 Building permit valuation. If. in the opinion of the building officiaL the valuation of building. alteration. structure. electricaL gas. mechanical or plumbing systems appears to be underestimated on the application. permit shall be denied. unless the applicant can show detailed estimates which meet the approval of the building official. Permit valuations shall include total cost. such as electricaL gas. mechanicaL plumbing equipment and other systems. including materials and labor. The permit valuation may be calculated using the latest Building Valuation Data published by the Southern Building Code Congress International or other applicable model code organization. at the option of the building official. {m} 105.1 Existing building inspections. Before issuing a permit. the building official may examine or cause to be examined any building. electricaL gas. mechanical or plumbing systems for which an application has been received for a permit to enlarge. alter. repair. move. demolish. install or change the occupancy. The building official shall inspect all buildings. structures. electricaL gas. mechanical and plumbing systems. for which a permit was issued. The building official shall make a record of every such examination and inspection and of all violations of the technical codes. (ill 105.2 Manufacturers and fabricators. When deemed necessary by the building officiaL the building official shall make. or cause to be made. an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. (Q) 105.3 Inspection service. The building official may make or cause to be made. the inspections required by Section 105. of the Florida Building Code. The building official may accept reports of department inspectors. independent inspectors or of recognized inspection services. provided that after investigation the building official is satisfied as to their licensure. qualifications and reliability. A certificate required by any provision of the Florida Building Code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified by the building official. The building official shall ensure that all persons making such inspections shall be certified in accordance to Chapter 468. Florida Statutes. uu 105.6 Required inspections. The building official upon notification from the permit City of Winter Springs Ordinance No. 2001-57 Page 6 of 21 holder or the permit holder's agent shall make the following inspections, and shall either release that portion of the construction or shall notify the permit holder or the permit holder's agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspection occur and what elements are inspected at each inspection. Building 1. Foundation inspection: To be made after trenches are excavated and forms erected and shall at a minimum include the following building components: . stem -wall monolithic slab-on- grade piling/pile caps footers/grade beams . . . 1.1. Slab Inspection: To be made after the reinforcement is in place, all concealed conduit. piping, ducts and vents are installed and the electricaL plumbing and mechanical work is complete. Slab shall not be poured until all required inspections have been made and passed. A foundation survey prepared and certified by a registered surveyor shall be required for all new construction prior to approval of the framing inspection. The survey shall certify placement of the building on the site, illustrate all surrounding setback dimensions and shall be available at the iob site for review by the building inspector. In lieu of providing a survey, the contractor may elect to uncover all property line markers and string-up all property lines in preparation for insoection. 2. Framing inspection: To be made after the roof, all framing, fire-blocking and bracing is in place, all concealed wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: . window/door framing and installation vertical cells/columns lintel/tie beams framing/trusses/bracing/ connectors . . . City of Winter Springs Ordinance No. 2001-57 Page 7 of 21 . draft stopping/fire-blocking curtain wall framing energy insulation accessibility . . . 2.1. Insulation Inspection: To be made after the framing inspection is approved and the insulation is in place. 3. Sheathing inspection: To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: . roof sheathing wall sheathing sheathing fasteners roof/wall/drv-in . . . NOTE: Sheathing fasteners installed and found to be missing the structural member ( shiners) shall be removed and properly reinstalled prior to installation of the dry-in material. 4. Roofing inspection: To be made as two inspections on tile. slate or similar roof coverings or as one inspection on all other roof coverings. and shall at a minimum include the following building components: . dry-in insulation roof coverings flashing . . . 5. Final inspection: To be made after the building is completed and ready for occupancy. 6. Swimming pool inspection: · First inspection to be made after excavation and installation of reinforcing steeL bonding and main drain City of Winter Springs Ordinance No. 2001-57 Page 8 of 21 and prior to placing of concrete. · Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. · In order to pass final inspection and receive a certificate of completion. a residential swimming pool must meet the requirements relating to pool safety features as described in Section 424.2.17. 7. Demolition inspections: · First inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions shall exist during or after demolition operations. · Final inspection to be made after all demolition work is completed. Electrical 1. Underground inspection: To be made after trenches or ditches are excavated. conduit and cable installed. and before any backfill is put in place. 2. Rough-In inspection: To be made after the roof. framing. fire-blocking and bracing is in place and prior to the City of Winter Springs Ordinance No. 2001-57 Page 9 of 21 installation of wall or ceiling membranes. 3. Final inspection: To be made after the building is complete. all required electrical fixtures are in place and properly connected or protected. and the structure is ready for occupancy. Plumbing 1. Under~round inspection: To be made after trenches or ditches are excavated. piping installed. and before any backfill is put in place. 2. Rough-In inspection: To be made after the roof. framing. fire-blocking and bracing is in place and all soiL waste and vent piping is complete. and prior to the installation of wall or ceiling membranes. 3. Final inspection: To be made after the building is complete. all required plumbing fixtures are in place and properly connected. and the structure is ready for occupancy. Mechanical 1. Underground inspection: To be made after trenches or ditches are excavated. underground duct and fuel piping installed. and before any backfill is put in place. 2. Rough-In inspection: To be made after the roof. framing. fire-blocking and bracing is in place and all ducting and other concealed components are complete. and prior to the installation of wall or ceiling membranes. 3. Final inspection: To be made after the building is complete. the mechanical system is in place and properly connected. and the structure is ready for occupancy. Gas 1. Rough piping inspection: To be made after all new piping is authorized by the permit has been installed. and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. City of Winter Springs Ordinance No. 2001-57 Page 10 of 21 2. Final piping inspection: To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise has been so concealed. and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection: To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes. to insure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. Site Debris 1. The contractor and/or owner of any active or inactive construction proiect shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles prior to receiving final inspection approval. Construction iob sites must be kept clean. such that accumulation of construction debris must not remain on the property for a period of time exceeding 14 days. 2. All debris shall be kept in such a manner as to prevent it from being spread by any means. (g) 106.1.2 Issuing Certificate of Occupancy. Upon completion of construction ofa building or structure and installation of electrical. gas. mechanical and plumbing systems in accordance with the technical codes. reviewed plans and specifications. and after the final inspection. and after verification that all septic system permits have received an approved final inspection where applicable. the building official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted. the number of persons for each floor when limited by law. and the allowable load per square foot for each floor in accordance with the provisions of this code. (r} 107.1 Testine. For products not covered under the statewide product evaluation and approval system. the building official may require tests or test reports as proof of compliance. Required tests are to be made at the expense of owner. or his agent. by an approved testing laboratory or other approved agency. W 109.1 Violations and Penalties. Any person. firm. corporation or agent who shall violate a provision of the Florida Building Code or this chapter. or fail to comply with either. or with any of the requirements there. or who shall erect. construct. alter. install. demolish or move any City of Winter Springs Ordinance No. 2001-57 Page 11 of 21 structure. electrical. gas. mechanical or plumbing system. or has erected. constructed. altered. repaired. moved or demolished a building. structure. electrical. gas. mechanical or plumbing system. in violation of a detailed statement or drawing submitted and permitted there under. shall be guilty of a misdemeanor or the second degree. Each such person shall be considered guiltv of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed or continued. Upon conviction of any such violation such person all be punished within the limits as provided by law and local ordinance. ill 110 Establishment of Construction Board of Adjustment and Appeals ill 110.1 Construction Board of Adjustment and Appeals. There is hereby established a board to be called the board of adjustments and appeals. which shall consist of five (5) members of the Winter Springs City Commission. The term of office for each of the five (5) seats which comprise the board of adjustments and appeals shall be the term of office for the commissioner who occupies that particular seat. Vacancies shall be filled for an unexpired term in the same manner in which commission seat vacancies are filled under the terms of the City Charter for the City of Winter Springs as well as the Winter Springs Code of Ordinances. ill 110.3 Powers. The Construction Board of Adjustments and Appeals shall have the power. further defined in 110.4. to hear appeals of decisions and interpretations of the building official. ill 110.4 Appeals. (A) 110.4.1 Decision of the building official. The owner ofa building. structure or service system. or his duly authorized agent. may appeal a decision of the building official to the Construction Board of Adjustment and Appeals whenever anyone of the following conditions are claimed to exist: 1. The building official reiected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building. structure or service system. 2. The provisions of this code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case. 4. The true intent and meaning of this code or any of the regulations there under have been misconstrued or incorrectly interpreted. Qll 110.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 City of Winter Springs Ordinance No. 2001-57 Page 12 of 21 calendar days after the decision is rendered by the building official. Appeals relating to provisions of the Florida Building Code. other than local amendments. may be appealed to the Florida Building Commission. pursuant to section 120.569. Florida Statutes. regarding the local governments action. Notice of Administrative Rights may be obtained from the building division. ill 110.5.2 Decisions. The Construction Board of Adjustment and Aopeals shalL in every case. reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusaL order. or disallowance of the building official or varies the application of any provision of this code. the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be finaL subject however to such remedy as any aggrieved party might have at law or in equity. Sec. 6-32. Administrative Amendments to the Florida Building Code. Chapter 2 of the Florida Building Code. as provided for in Section 553.73. Florida Statutes (2001). is hereby amended in the following respects: (The Section numbers in Italics provided below are for reference purposes only. and are included to provide ease of reference between this chapter and the Florida Building Code.) W 101.4.15 Words defined. Abandon or abandonment. (1) Termination ofa construction project by a contractor without just case or proper notification to the owner including the reason for termination. (2) Failure of a contractor to perform work without just cause for ninety (90) days. (3) Failure to obtain an approved inspection within one hundred eighty (180) days from the previous inspection. Appraised value. For the purpose of this section. appraised value is defined as either (I) one hundred and twenty (120) percent of the assessed value of the structure as indicated bv the County Property Appraiser's Office or (2) the value as indicated in a certified appraisal from a certified appraiser. Assessed value. The value of real property and improvements thereon as established by the County Property Appraiser. Authorized agent. A person specifically authorized by the holder of a certificate of competency to obtain permits in his stead. Basic Wind Speed Line. The basic wind speed line for the iurisdiction shall be established by the wind speed contour map attached to. and made part of. this chapter if applicable. City of Winter Springs Ordinance No. 2001-57 Page 13 of 21 Board The appropriate City or County Board of Adiustment and Appeals. unless otherwise specifically stated. Building component. An element or assembly of elements integral to or part of a building. Building shell. The structural components that completely enclose a building. including. but not limited to. the foundation. structural frame. floor slabs. exterior walls or roof system. Building system. A functionally related group of elements. components and/or equipment. such as the electrical. plumbing and mechanical systems of a building. Certification. The act or process of obtaining a certificate of competency from the state or municipality through the review of the applicant's experience and financial responsibility as well as successful passage of an examination. Certificate of competency (certificate). An official document evidencing that a person is qualified to engage in the business of contracting. subcontracting or the work of a specific trade. Certificate of experience. An official document evidencing that an applicant has satisfied the work experience requirements for a certificate of competency. Certificate of occupancy (C.o.). An official document evidencing that a building satisfies the requirements of the iurisdiction for the occupancy of a building. Certified contractor. Any contractor who possesses a certificate of competency issued by the Department of Professional Regulation of the State of Florida. Change of occupancy. A change from one Building Code occupancy classification or subclassification to another. Commercial building. Any building. structure. improvement or accessory thereto. other than a one- or two- family dwelling. Cumulative construction cost. The sum total of costs associated with any construction work done to a building or structure either at one (1) time or a different times within a specified period of time. Demolition. The act of razing. dismantling or removal of a building or structure. or portion thereof. to the ground level. Examination. An exam prepared. proctored and graded by a recognized testing agency unless otherwise implied in context or specifically stated otherwise. City of Winter Springs Ordinance No. 2001-57 Page 14 of 21 FeILB. The Florida Construction Industry Licensing Board. Imminent Danger. Structurally unsound conditions of a structure or portion thereof that is likely to cause physical iniury to a person entering the structure: Or due to structurally unsound conditions. any portion of the structure is likely to fall. be carried by the wind. or otherwise detach or move. and in doing so cause physical iniury or damage to a person on the property or to a person or property nearby: Or The condition of the property is such that it harbors or is inhabited by pests. vermin. or organisms iniurious to human health. the presence of which constitutes an immediate hazard to people in the vicinity. Inspection warrant. A court order authorizing the official or his designee to perform an inspection of a particular property named in the warrant. Intensification of use. An increase in capacitv or number of units of a residential or commercial building. Interior finish. The preparation of interior spaces of a commercial building for the first occupancy thereof Licensed contractor. A contractor certified by the State of Florida or the local iurisdiction who has satisfied the all state or local requirements to be actively engaged in contracting. Market value. As defined in floodplain regulations of this code. Owner's agent. A person. firm or entity authorized in writing by the owner to act for or in place of the owner. Permit. An official document authorizing performance of a specific activity regulated by this chapter. Permit card or placard A document issued by the iurisdiction evidencing the issuance of a permit and recording of inspections. Qualifying agent. primary. A person who possesses the requisite skilL knowledge. experience and certificate of competency. and has the responsibility to supervise. direct. manage. and control the contracting activities of the business organization with which he is associated; who has the responsibility to supervise. direct. manage and control construction activities on a iob for which he has obtained a permit; and whose technical and personal qualifications have been determined by investigation and examination and is evidenced by his possession of a certificate or competency. Qualifying agent. secondary. A person who possesses the requisite skilL knowledge. City of Winter Springs Ordinance No. 2001-57 Page 15 of 21 experience and certificate of competency. and has the responsibility to supervise. direct. manage and control construction activities on a job for which he has obtained a permit. and whose technical and personal qualifications have been determined by investigation and examination and is evidenced bv his possession of a certificate of competency. Reciprocity. To accept a verified affidavit from any municipality or county of the State of Florida that the applicant has satisfactorily completed a written examination in it's jurisdiction equal in content with the examination required by this chapter. Registered contractor. A contractor who has registered with the Department of Professional Regulation of the State of Florida pursuant to fulfilling the competency requirements of the local jurisdiction. Registration. The act or process of registering a locally obtained certificate of competency with the state. or the act or process of registering a state issued certificate of competency with the municipality. Remodeling. Work which changes the original size. configuration or material of the components of a building. Residential building. Any one- or two-family building or accessory. Roofing. The installation of roof coverings. Sva. Any constructed or prefabricated pool containing water jets. Specialty contractor. A contractor whose services do not fall with the categories specified in Section 489.105(3). Florida Statutes. as amended. State of construction: (]) Site: The physical clearing of the site in preparation for foundation work including. but not limited to. site clearing. excavation. dewaterings. pilings and soil testing activities. (2) Building. The removaL disassembly. repair. replacement. structure. building system or building components in whole or parts thereof Stop work order. An order by the building officiaL or his designee. which reauires the immediate cessation of all work and work activities described in the order. Structural component. Any part of a system. building or structure. load bearing or non- load bearing. which is integral to the structural integrity thereof. including but not limited to walls. City of Winter Springs Ordinance No.' 200 1-57 Page 16 of 21 partitions. columns. beams and girders. Structural work or alteration. The installation or assembling of new structural components into a system. building or structure. Also. any change. repair or replacement of any existing structural component of a system. building or structure. Substantial completion. Where the construction work has been sufficiently completed in accordance with the applicable city. state and federal codes. so that the owner can occupy or utilize the proiect for the use for which it is intended. Value. Job cost. Sec. 6-33. Establishing the location oflocal wind speed lines. Section 1606.1.6 of the Florida Building Code requires the exact locations of wind speed lines to be established by local ordinance using recognized physical landmarks such as maior roads. canals. rivers and lake shores. wherever possible. The City Commission adopts the following locations: ill All land lying within the City limits and East of Highway 17-92 shall have a wind speed designation of 120 miles per hour. Dll All land lying within the City limits and West of Highway 17-92 shall have a wind speed designation of 110 miles per hour. Sec 6-34 Adoption of Florida Building Code Appendices. Appendices D. E. F. and H of the Florida Building Code are hereby adopted by reference. Secs. 6-35 -- 6-45. Reserved. Division 2. Reserved Fe) III its and Inspections Sec. 6-46. Reqnh ed. It shall be unla?-ful tOl any person to construGt, altel, repaiI, remove 01 demolisl., or to comn1ence the construction, alteration, repaiI, Iemoval or demolition ofa building 01 structure in the city without fiut obtaining a fOlmal peIIuit from the building inspector. Sec. 6-47. Exemption (0) gene) al maintenance by local indnstJ ies. No peIlult shall be nquired fOf altelatiohs or repails by 01 for any local industl) or industrial mallufactuIing plant as a part of its general hlaintenance proglam, however, local ihdustry or ihdustrial manufacturing plants shall secure a pel mit for all new COhStl uction of stl actUl es of a permahent natul e. City of Winter Springs Ordinance No. 2001-57 Page 17 of 21 Set. 6-48. Application gene! ally. Application fOI a peImit requiled by this altide shall be made in \1VIiting and filed with the buildihg ihspector and shall be submitted in sud. form as the building inspectol may pIesGribe. Sec. 6-49. PelSons who may make application, eel tificate of authotity. An appliGation for a pelmit I equiIed by this artide shall be made by tI.e ownel or lessee, or agent of either, or the archite(,t, engineer or builder employed in connectioh witI. the proposed wOlk. Iftl.e applicatioh is made b} a person otheI than the o<'\-ner, it shall be aCGOmpanicd by a duly celtified affida~it of the owner or the pel son hlakihg the applicatioh, that the ploposed work is authorized by tI.e owner, ahd that the person hlaking the application is authorized to Illake such application. Set. 6-59. Contents of application. (a) An application rei a permit Iequiled by this altide shall contain the full names and addresses of the applicant and the owner, and iftl.e ownel is a cOIporate body, of its responsible officers. (b) The appliGation shall desGribe briefly the proposed WOI k and shall gi vG such additional information as may be required by tI.e building inspector for ah intelligent uhderstanding oftI.e proposc'd work. Sec. 6-51. Inspection and pe!lllit fees. On all buildings, Structul es 01 alterations I equiring a building permit, a fee shall be paid ih accordance with the fee schedule adopted by resolution of the city Gommissioh. Sec. 6-52. Plans to accompany application. AppliGation for a pel mit I equil ed by this al tide shall be accompanied by such dI a w jugs of the proposed work, drawn to scale, inddding floor plans, sectiohs, elevatiohs ahd stItlctmal details as the building inspeGtol may require. Sec. 6-53. Plot diag! am to aeconlpany application. Thel e shall be filed with ead. application fol a pel Init requil ed by this al tide, a plot diaglam in a fOHll and size suitable for filihg pelmanently with the pellnit recOId, drawn to scale, with all dimehsions figured, showing a(,cmately the size ahd exact locatioh of all ploposed new constItlGtion, 01, in the case of demolition, of su(,11 stmctmes which ale to be dehlolished, and of all existing buildings and structures that are to remaih. City of Winter Springs Ordinance No. 2001-57 Page 18 of 21 Sec. 6-54. Amended applications, plans, etc. Nothing in this article shall Plohibit the fililtg of amendments to an application or to a plan 01 otller record accompanying the same, at any time before tile completion of tile work for which the permit was sought. Such anlendment, after approval, shall be filed ~ith and deenled a part of the original application. Sec. 6-55. Appl 0'" al of application, issuance 01 1 ej ection of pel mit. It shall be the duty of the buildihg inspectoJ to examine applicatiohs for permits required by this article withih forty-eight (48) hours after the application is filed. If, a.ftel examiltatioh, tile building inspector finds no objectiolt to tl1\~ application ahd it appears that the ploposed wOlk will be in compliance with the laws and OIdinallces appliGable theleto, and the plOposed wOlk will be safe, he shall applove sl1ch application and issue a permit for the proposed work as soon as Placticable. {fhis examination leveals otherwise, lie will rejeGt such appliGation, noting his findings in a report to be attached to the application, and deli vel a GOpy to the applicalJt. Sec. 6-56. Building inspectol to sign pel mit. Evely pelmit issued by the building inspector under the Plovisions of this dlapter shall have his signature affixed thereto, but this shall not plevent him from authOlizing a suboJdiltate to affix his sigltatUJ e. Sec. 6-57. Expil ation of pel mits, I elle" als. A pennit undel which no work is coltlIhenced withil1 sixty (60) days aftel issuance shall expire by limitatiol1 01 shall expire after tile expiration of olte (1) yeal from the date of issuance. Pelmits mClJ be renewed fal a longel period of time at tile discretion of the building inspector. Sec. 6-58. Relocation. TILe. building inspec.tol IflClJ levoke a permit 01 apploval issued under the plovisiohS oftllis chaptel in Gase thel e has been any false statement or miSI epl eseIttation as to a matel ial fa"t in the application 01 plans on which the penuit or approval was based. Sees. 6- 46 59--6-80. Reserved. >1: >1: >1: ARTICLE VIT. UNSAFE BUILDINGS City of Winter Springs Ordinance No. 2001-57 Page 19 of 21 Sec. 6-165. Standard Unsafe Building Abatement Code adopted. The city hereby adopts in its entirety that certain code known as the Standard Unsafe Building Abatement Code, 1997 t9S5 Edition, as promulgated by the Southern Building Code Congress International, Inc., subiect to all amendments. modifications or deletions hereinafter enacted except as otherwise prOvided in this article. * * * Section 3. Florida Building Commission Notification. In accordance with Section 553.73(4)(a), Florida Statutes (2001) the City Clerk shall file a copy of this Ordinance with the Florida Building Commission within thirty (30) days of becoming effective and shall make a copy available for public inspection immediately upon adoption. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. This Ordinance shall become effective simultaneously with the effective date of the Florida Building Code. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2001. PAUL P. PARTYKA Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk City of Winter Springs Ordinance No. 200 I-57 Page 20 of 21 Approved as to legal form and sufficiency for the City of Winter Springs only Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2001-57 Page 21 of 21 ~. '"' " RECEDVED BROWN, WARD, SALZMAN & WEISS, p.A.DEe 1 2 2001 ATTORNEYS AT LAW CITY OF WINTER SPRINGS CITY HALL Usher L. Brown · John H. Ward · Gary S. Salzmano Jeffrey S. Weiss Suzanne D' Agresta Anthony A. GarganeseD Scott D. Danahy Alfred Truesdell Arthur R "Randy" Brown, Jr.. Brett A. Marlowe Jeffrey P. Buak Kristine R Kutz Joseph G. Colombo Debra S. Babb Gregory A. HassD Cheyenne R Young Joseph E. Blitch Two Landmark Center 225 East Robinson Street, Suite 660 Post Office Box 2873 Orlando, FL 32802-2873 (407) 425-9566 (407) 425-9596 FAX Email: finn@orlandolaw.net Website: www.orlandolaw.net · Board Certified Civil Trial Lawyer o Board Certified Business Litigation Lawyer o Board Certified City, County & Local Government Law · Board Certified Labor & Employment Law December 11, 2001 Andrea Lorenzo-Luces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: Florida Building Code Ordinance - Amending Chapter 6 City of Winter Springs - General Our File. : 1193 Dear Andrea: Please find enclosed herewith, a revised Ordinance No. 2001-57 with attachments. The Ordinance has been revised per the direction of,the City Commission at the December 10, 2001 City Commission Meeting. At your convenience, please present this Ordinance to Mayor Partyka for his signature. Please be advised that Section 3 of the Ordinance requires that the City file a copy of this Ordinance with the Florida Building Commission within thirty (30) days. If the Community Development Department cannot provide you with a transmittal form, please do not hesitate to contact our offices. ,F /1 Andrea Lorenzo-Luces, City Clerk December 11, 2001 Page 2 If you have any questions or concerns, please do not hesitate to call our offices. Very truly yours, . Buak sistant City Attorney -~ JPB/jd Enclosure: Ordinance 2001-57 cc: Anthony A Garganese, City Attorney (w/out enclosures) Ronald McLemore, City Manager (w/out enclosures) Charles Carrington, Community Development Director (w/out enclosures) F:\DOCS\City of Winter Springs\General\Correspondence\Lorenzo-Luaces\Fla Bldg Code Ord Llr 12-11-01 jpb.jd '" I j~ ORDINANCE NO. 2001-57 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA PROVIDING FOR THE AMENDMENT OF ARTICLE II, TO CHAPTER 6 OF THE CODE OF ORDINANCES, ENTITLED ADMINISTRATION, AMENDING THE FLORIDA BUILDING CODE; PROVIDING FOR THE ADOPTION OF A CITY WIDE WIND SPEED AND LOCATION OF WIND SPEED LINES; PROVIDING FOR THE ADOPTION OF APPENDICES TO THE FLORIDA BUILDING CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FORINCORPORA TION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Building Code Act of 1998 directed the Florida Building Commission to establish a statewide uniform building code known as the Florida Building Code; and WHEREAS, the Florida Building Code has been adopted by the Florida Building Commission in accordance with Chapter 120 of the Florida Statutes, and has an effective date of January 1,2002; and WHEREAS, the Florida Building Code is applicable to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities within the State of Florida; and WHEREAS, the Florida Building Code is to be administered, interpreted, and enforced by local jurisdictions; and WHEREAS, the Florida Building Code supersedes all local codes and automatically sunsets local regulations upon its effective date; and WHEREAS, the Florida Building Code provides local jurisdictions, under certain defined conditions, the ability to amend administrative and technical requirements of the code, so long as the same are more stringent and nondiscriminatory in nature; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. City of Winter Springs Ordinance No. 200 I-57 Page 1 of 21 ,'J' NOW, THEREFORE, THE CITY COMMISSION OF THE .CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by the reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code, Chapter 6 is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 6. It is intended that the text in Chapter 6 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance) CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS* * * * ARTICLE II. ADMINISTRATION Division 1. Generally Sec. 6-31. Administrative Amendments to the Florida Building Code. Chapter 1 of the Florida Building Code. as provided for in Section 553.73. Florida Statutes (2001). is hereby amended in the following respects: (The Section numbers in Italics provided below are for reference purposes only. and are included to provide ease of reference between this chapter and the Florida Building Code.) ill 101.4.13 Rules of construction. The rules set out in the Florida Building Code and this chapter shall be observed. unless such construction is inconsistent with the manifest intent of the code or this chapter. The rules of construction and definitions set out here shall not be applied to any section of the Florida Building Code or this chapter which contains any express provisions excluding such construction. or where the subiect matter or content of such section would be inconsistent with this section. ill 101.4.13.1 Generally. All provisions. terms. phrases and expressions contained in this chapter shall be liberally construed in order that the true intent and meaning of the Florida Building Code and this chapter may be fully carried out. Terms used in this division. unless otherwise specifically provided. shall have the meanings prescribed by the Florida Statutes. ill 101.4.13.2 Text. In case of any difference of meaning or implication between the text of this chapter and any fi~ure. the text shall control. ill 101.4.13.3 Delegation of authority. Whenever a provision appears requiring the building official or some other officer or employee of the City to do some act or perform such City of Winter Springs Ordinance No. 2001-57 Page 2 of 21 J' duty. it is to be construed to authorize the building official or other officer to designate. delegate and authorize professional level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise. (Q) 102.2 Building Division. There is hereby established a division of the Community Development Department called the Building Division. The Building Division shall be lead bv the building officiaL who in turn will report to the community development director. ill 102.2.1 Building official qualifications. The building official shall be licensed. in accordance with Chapter 553. Florida Statutes (2001). and as may be amended. as a Building Code Administrator by the State of Florida. ill 102.2.3 Employee qualifications. The community development director. with the approval of the city manager. may appoint or hire such number of officers. inspectors. plans examiners. and other assistants to the building official as are needed from time to time. provided such person shall not be appointed or hired as either an inspector or plans examiner unless that person meets the qualifications for licensure as an inspector or plans examiner as established in Chapter 553. Florida Statutes. (2001) as may be amended. (9. 103.1 General powers and duties of the building official. The building official is hereby authorized and directed to enforce the provisions of the Florida Building Code and this chapter. The building official shall have the authority to render interpretations of this code and with the approval of the community development director to adopt policies and procedures in order to clarify the application of provisions of both the Florida Building Code and this chapter. Such interpretations. policies and procedures shall be in compliance with the intent and purpose of this code. and shall not have the effect of waiving requirements specifically provided for the Florida Building Code. ill 103.2 Right of entry. !A} Building official or an authorized designee may enter any building. structure. or premises at all reasonable times to make an inspection or enforce any of the provisions of the Florida Building Code or this chapter. In cases of emergencies or exigent circumstances where extreme hazards are known to exist. the building official may enter the building. structure. or premises at any time. an When attempting to enter a building. structure or premises that is occupied. the building official or authorized designee shall first identify himself or herself. display proper credentials and request entry. If the building. structure. or premises are unoccupied. the building official shall first make a reasonable effort to locate the owner or other persons having charge of the building and request entry. If entry is City of Winter Springs Ordinance No. 2001-57 Page 3 of 21 refused. or if the owner or other persons having charge of an unoccupied building cannot be located. the building official shall have recourse to every remedy provided by law to secure entry. including an inspection warrant. (g When the building official or authorized designee shall have obtained permission to enter. secured an inspection warrant or obtained another remedy provided by law to secure entry. no person shall faiL after proper credentials are displayed. to promptly permit entry into the building. structure or premises by the building official or authorized designee for the purpose of inspection and examination pursuant to this code. Any person violatin~ this section may be prosecuted within the limits of the law. ill 103.4 Revocation of permits. The building official is authorized to suspend or revoke a permit issued under the provisions of this code or chapter wherever the permit is issued in error or on the basis of incorrect inaccurate or incomplete information. or in violation of any ordinance or regulation or any provisions of the Florida Building Code or this chapter. @ 103.4.1 Misrepresentation of application. The building official may revoke a permit or approval. issued under the provisions of the Florida Building Code or this chapter. in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. ill} 103.4.2 Violation of Florida Building Code provisions. The building official may revoke a permit upon determination by the building official that the construction. erection. alteration. repair. moving. demolition. installation. or replacement of the building. structure. electricaL gas. mechanical or plumbing svstems for which the permit was issued is in violation of. or not in conformity with. the provisions of the Florida Building Code or this chapter. @ 104.1. 6 Time limitations. Except as otherwise provided in this chapter. an application for a permit for anv proposed work shall be deemed to have been abandoned. and shall expire and become null and void six (6) months after the date of filing for the permit or plan approvaL whichever is later unless before then a permit has been issued. One or more extensions of time for periods of not more than 90 days each may be allowed by the building official for the application. provided the extension is request in writing and iustifiable cause is demonstrated. W 104.2.1.2 Additional data. The building official shall be allowed to require details. computations. stress diagrams. and other data necessary to describe the construction or installation and the basis of calculations. ill 104.2.4 Site drawings. Drawings shall show the location of the proposed building or structure and of every existing building or structure on the site or lot. The building official shall City of Winter Springs Ordinance No. 200 I-57 Page 4 of 21 be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be readily determined in the field. (g) 104.2.5 Hazardous occupancies. The building official may require the following: ill General site plan. A general site plan drawn at a legible scale which shall include. but not be limited to. the location of all buildings. exterior storage facilities. permanent access ways. evacuation routes. parking lots. internal roads. chemical loading areas. equipment cleaning areas. storm and sanitary sewer accesses. emergency equipment and adjacent property uses. The exterior storage areas shall be identified with the hazard classes and the maximum quantities per hazard class of hazardous materials stored. ill Building floor plan. A building floor plan drawn to a legible scale. which shall include. but not be limited to. all hazardous materials storage facilities within the building and shall indicate rooms. doorways. corridors. exits. fire rated assemblies with their hourly rating. location of liquid tight rooms. and evacuation routes. Each hazardous materials storage facility shall be identified on the plan with the hazard classes and quantity range per hazard class of the hazardous materials stored. {h} 104.4.6 Public right of way. A permit shall not be given by the building official for the construction of any building. or for the alteration of any building where said building is to be changed and such change will affect the exterior walls. bays. balconies. or other appendages or proiections fronting on any street. alley or public lane. or for the placing on any lot or premises of any building or structure removed from another lot or premises. unless the applicant has made application for right of way permits from the authority having jurisdiction over the street. alley or public lane. ill 104.5.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate. cancel. aIteror set aside any of the provisions of the technical codes. nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans. construction. or violations of the Florida Building Code or this chapter. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six (6) months after the time the work is commenced. Failure to obtain an approved inspection within one-hundred eighty (180) days of the previous approved inspection shall constitute suspension or abandonment. One or more extensions of time. for periods not more than one-hundred eighty (I 80) days each. may be allowed by the building official for the permit. provided the extension is requested in writing and justifiable cause is demonstrated prior to the expiration date. The building official shall record the extension of time granted. ill 104.5.1.5 Exoiration of Demolition Permits. Permits issued for the demolition of a City of Winter Springs Ordinance No. 2001-57 Page 5 of 21 structure shall expire sixty (60) days from the date of issuance. For a iustifiable cause. one (1) extension of time for a period not exceeding thirty (30) days may be allowed. Such request shall be in writing to the building official. ill 104.6.4.1 Permit Fees. On all buildings. structures or alterations requiring a building permit. a fee shall be paid in accordance with the fee schedule adopted by resolution of the city commiSSIOn. ill 104.6.6 Building permit valuation. If. in the opinion of the building official. the valuation of building. alteration. structure. electrical. gas. mechanical or plumbing systems appears to be underestimated on the application. permit shall be denied. unless the applicant can show detailed estimates which meet the approval of the building official. Permit valuations shall include total cost. such as electrical. gas. mechanical. plumbing equipment and other systems. including materials and labor. The permit valuation may be calculated using the latest Building Valuation Data published by the Southern Building Code Congress International or other applicable model code organization. at the option of the building official. (m) 105.1 Existing building inspections. Before issuing a permit. the building official may examine or cause to be examined any building. electrical. gas. mechanical or plumbing systems for which an application has been received for a permit to enlarge. alter. repair. move. demolish. install or change the occupancy. The building official shall inspect all buildings. structures. electrical. gas. mechanical and plumbing systems. for which a permit was issued. The building official shall make a record of every such examination and inspection and of all violations of the technical codes. (ill 105.2 Manufacturers and fabricators. When deemed necessary by the building official. the building official shall make. or cause to be made. an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. (Q) 105.3 Inspection service. The building official may make or cause to be made. the inspections required bv Section 105. of the Florida Building Code. The building official may accept reports of department inspectors. independent inspectors or of recognized inspection services. provided that after investigation the building official is satisfied as to their licensure. qualifications and reliability. A certificate required by any provision of the Florida Building Code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or engineer performing building code inspections in a manner. specified by the building official. The building official shall ensure that all persons making such inspections shall be certified in accordance to Chapter 468. Florida Statutes. uu 105.6 Required inspections. The building official upon notification from the permit City of Winter Springs Ordinance No. 2001-57 Page 6 of 21 holder or the permit holder's agent shall make the following inspections. and shall either release that portion of the construction or shall notify the permit holder or the permit holder's agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspection occur and what elements are inspected at each inspection. Building 1. Foundation inspection: To be made after trenches are excavated and forms erected and shall at a minimum include the following building components: . stem -wall monolithic slab-on- grade piling/pile caps footers/grade beams . . 1.1. Slab Inspection: To be made after the reinforcement is in place. all concealed conduit. piping. ducts and vents are installed and the electrical. plumbing and mechanical work is complete. Slab shall not be poured until all required inspections have been made and passed. A foundation survey prepared and certified by a registered surveyor shall be required for all new construction prior to approval of the framing inspection. The survey shall certify placement of the building on the site. illustrate all surrounding setback dimensions and shall be available at the iob site for review by the building inspector. In lieu of providing a survey. the contractor may elect to uncover all property line markers and string-up all propertv lines in preparation for inspection. 2. Framing inspection: To be made after the root all framing. fire-blocking and bracing is in place. all concealed wiring. all pipes. chimneys. ducts and vents are complete and shall at a minimum include the following building components: . window/door framing and installation vertical cells/columns lintel/tie beams framing/trusses/bracinglconnectors . City of Winter Springs Ordinance No. 2001-57 Page 7 of 21 draft stopping/fire-blocking curtain wall framing energy insulation accessibili ty 2.1. Insulation Inspection: To be made after the framing inspection is approved and the insulation is in place. 3. Sheathing inspection: To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: . roof sheathing wall sheathing sheathing fasteners roof/walVdry-in . NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be removed and properly reinstalled prior to installation of the dry-in material. 4. Roofing inspection: To be made as two inspections on tile. slate or similar roof coverings or as one inspection on all other roof coverings. and shall at a minimum include the following building components: . dry-in insulation roof coverings flashing 5. Final inspection: To be made after the building is completed and ready for occu{)ancy. 6. Swimming pool inspection: First inspection to be made after excavation and installation of reinforcing steel. bonding and main drain City of Winter Springs Ordinance No. 2001-57 Page 8 of 2\ t and prior to placing of concrete. Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. · In order to pass final inspection and receive a certificate of completion. a residential swimming pool must meet the requirements relating to pool safety features as described in Section 424.2.17. 7. Demolition inspections: · First inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions shall exist during or after demolition operations. Final inspection to be made after all demolition work is completed. Electrical 1. Underground inspection: To be made after trenches or ditches are excavated. conduit and cable installed. and before any backfill is put in place. 2. Rough-In inspection: To be made after the roof. framing. fire-blocking and bracing is in place and prior to the City of Winter Springs Ordinance No. 2001-57 Page 9 of 21 installation of wall or ceiling membranes. 3. Final inspection: To be made after the building is complete. all required electrical fixtures are in place and properly connected or protected. and the structure is ready for occupancy. Plumbing 1. Underground inspection: To be made after trenches or ditches are excavated. piping installed. and before any backfill is put in place. ': 2. Rough-In inspection: To be made after the roof. framing. fire-blocking and bracing is in place and all soiL waste and vent piping is complete. and prior to the installation of wall or ceiling membranes. 3. Final inspection: To be made after the building is complete. all required plumbing fixtures are in place and properly connected. and the structure is readv for occupancy. Mechanical 1. Underground inspection: To be made after trenches or ditches are excavated. underground duct and fuel piping installed. and before any backfill is put in place. 2. Rough-In inspection: To be made after the roof. framing. fire-blocking and bracing is in place and all ducting and other concealed components are complete. and prior to the installation of wall or ceilin~ membranes. 3. Final inspection: To be made after the building is complete. the mechanical system is in place and properly connected. and the structure is ready for occupancy. Gas 1. Rough piping inspection: To be made after all new piping is authorized by the permit has been installed. and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. City of Winter Springs Ordinance No. 2001-57 Page 10 of 21 2. Final piping inspection: To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise has been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection: To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to insure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. Site Debris 1. The contractor and/or owner of any active or inactive construction proiect shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles prior to receiving final inspection approval. Construction iob sites must be kept clean, such that accumulation of construction debris must not remain on the property for a period of time exceeding 14 days. 2. All debris shall be kept in such a manner as to prevent it from being spread by any means. {g} 106.1.2 Issuing Certificate of Occupancy. Upon completion of construction ofa building or structure and installation of electricaL gas, mechanical and plumbing systems in accordance with the technical codes, reviewed plans and specifications, and after the final inspection, and after verification that all septic system permits have received an approved final inspection where applicable, the building official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted. the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this code. .Cd 107.1 Testing. For products not covered under the statewide product evaluation and approval system, the building official may require tests or test reports as proof of compliance. Required tests are to be made at the expense of owner. or his agent. by an approved testing laboratory or other approved agency. W 109.1 Violations and Penalties. Any person, firm, corporation or agent who shall violate a provision of the Florida Building Code or this chapter. or fail to comply with either. or with any of the requirements there. or who shall erect. construct. alter. instalL demolish or move any City of Winter Springs Ordinance No. 2001-57 Page 11 of 21 structure. electrical. gas. mechanical or plumbing system. or has erected. constructed. altered. repaired. moved or demolished a building. structure. electrical. gas. mechanical or plumbing system. in violation of a detailed statement or drawing submitted and permitted there under. shall be guilty of a misdemeanor or the second degree. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed or continued. Upon conviction of any such violation such person all be punished within the limits as provided by law and local ordinance. ill 110 Establishment of Construction Board of Adiustment and Apoeals ill 110.1 Construction Board of Adiustment and Appeals. There is hereby established a board to be called the board of adiustments and appeals. which shall consist of five (5) members of the Winter Springs City Commission. The term of office for each of the five (5) seats which comprise the board of adjustments and appeals shall be the term of office for the commissioner who occupies that particular seat. Vacancies shall be filled for an unexpired term in the same manner in which commission seat vacancies are filled under the terms of the City Charter for the City of Winter Springs as well as the Winter Springs Code of Ordinances. ill 110.3 Powers. The Construction Board of Adiustments and Appeals shall have the power. further defined in 110.4. to hear appeals of decisions and interpretations of the building official. ill 110.4 Appeals. @ 110.4.1 Decision of the building official. The owner of a building. structure or service system. or his duly authorized agent. may appeal a decision of the building official to the Construction Board of Adiustment and Ap1Jeals whenever anyone of the following conditions are claimed to exist: 1. The building official reiected or refused to a1Jprove the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building. structure or service system. 2. The provisions of this code do not applv to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case. 4. The true intent and meaning of this code or any of the regulations there under have been misconstrued or incorrectly interpreted. all 110.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 City of Winter Springs Ordinance No. 2001-57 Page 12 of 21 . l calendar days after the decision is rendered by the building official. Appeals relating to provisions of the Florida Building Code. other than local amendments. may be appealed to the Florida Building Commission. pursuant to section 120.569. Florida Statutes. regarding the local governments action. Notice of Administrative Rights may be obtained from the building division. ill 110.5.2 Decisions. The Construction Board of Adjustment and A1Jpeals shall. in every case. reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal. order. or disallowance of the building official or varies the application of any provision of this code. the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a COPy shall be kept publicly posted in the office of the building official for two weeks after filin~. Every decision of the board shall be final. subject however to such remedy as any aggrieved party might have at law or in equity. Sec. 6-32. Administrative Amendments to the Florida Buildin2 Code. Chapter 2 of the Florida Building Code. as provided for in Section 553.73. Florida Statutes (2001). is hereby amended in the following respects: (The Section numbers in Italics provided below are for reference purposes only. and are included to provide ease of reference between this chapter and the Florida Building Code.) W 101.4.15 Words defined. Abandon or abandonment. (1) Termination ofa construction project by a contractor without just case or proper notification to the owner including the reason for termination. (2) Failure of a contractor to perform work without iust cause for ninety (90) days. (3) Failure to obtain an approved inspection within one hundred eighty (I 80) days from the previous inspection. Appraised value. For the purpose of this section. appraised value is defined as either (I) one hundred and twenty (20) percent of the assessed value of the structure as indicated by the County Property Appraiser's Office or (2) the value as indicated in a certified appraisal from a certified appraiser. Assessed value. The value of real property and improvements thereon as established by the County Property Appraiser. Authorized agent. A person specifically authorized by the holder of a certificate of competency to obtain permits in his stead. Basic Wind Speed Line. The basic wind speed line for the jurisdiction shall be established by the wind speed contour map attached to as Exhibit" A". and made part of. this chapter if City of Winter Springs Ordinance No. 2001-57 Page 13 of 21 ,. applicable. Board The appropriate City or County Board of Adjustment and Appeals. unless otherwise specifically stated. Building component. An element or assembly of elements integral to or part of a building. Building shell. The structural components that completely enclose a building. including. but not limited to. the foundation. structural frame. floor slabs. exterior walls or roof system. Building system. A functionally related group of elements. components and/or equipment. such as the electrical. plumbing and mechanical systems of a building. Certification. The act or process of obtaining a certificate of competency from the state or municipality through the review of the applicant's experience and financial responsibility as well as successful passage of an examination. Certificate of competency (certificate). An official document evidencing that a person is qualified to engage in the business of contracting. subcontracting or the work of a specific trade. Certificate of experience. An official document evidencing that an applicant has satisfied the work experience requirements for a certificate of competency. Certificate of OCCUf)ancv (C.o.). An official document evidencing that a building satisfies the requirements of the jurisdiction for the occupancy of a building. Certified contractor. Any contractor who possesses a certificate of competency issued by the Department of Professional Regulation of the State of Florida. Change of occupancy. A change from one Building Code occupancy classification or subclassification to another. Commercial building. Any building. structure. improvement or accessory thereto. other than a one- or two- family dwelling. Cumulative construction cost. The sum total of costs associated with any construction work done to a building or structure either at one (1) time or a different times within a specified period of time. Demolition. The act of razing. dismantling or removal of a building or structure. or portion thereof. to the ground level. City of Winter Springs Ordinance No. 200 I-57 Page 140f 21 .. Examination. An exam prepared. proctored and graded by a recognized testing agency unless otherwise implied in context or specifically stated otherwise. FC1LB. The Florida Construction Industry Licensing Board. Imminent Danger. Structurally unsound conditions of a structure or portion thereof that is likely to cause physical injury to a person entering the structure: Or due to structurally unsound conditions. any portion of the structure is likely to fall. be carried by the wind. or otherwise detach or move. and in doing so cause physical iniury or damage to a person on the property or to a person or property nearby: Or The condition of the property is such that it harbors or is inhabited by pests. vermin. or organisms iniurious to human health. the presence of which constitutes an immediate hazard to people in the vicinity. Inspection warrant. A court order authorizing the official or his designee to perform an inspection of a particular property named in the warrant. Intensification of use. An increase in capacity or number of units of a residential or commercial building. Interior finish. The preparation of interior spaces of a commercial building for the first occupancy thereof Licensed contractor. A contractor certified by the State of Florida or the local jurisdiction who has satisfied the all state or local requirements to be actively engaged in contracting. Market value. As defined in floodplain regulations of this code. Owner's agent. A person. firm or entity authorized in writing by the owner to act for or in place of the owner. Permit. An official document authorizing performance of a specific activitv regulated by this chapter. Permit card or placard A document issued by the jurisdiction evidencing the issuance of a permit and recording of inspections. Qualifving agent. primary. A person who possesses the requisite skill. knowledge. experience and certificate of competency. and has the responsibility to supervise. direct. manage. and control the contracting activities of the business organization with which he is associated: who has the responsibility to supervise. direct. manage and control construction activities on a job for which he has obtained a permit: and whose technical and personal qualifications have been determined by investigation and examination and is evidenced by his possession of a certificate or City of Winter Springs Ordinance No. 200 I-57 Page 15 of 21 competency. Qualifying agent, secondary. A person who possesses the requisite skill. knowledge. experience and certificate of competency. and has the responsibility to supervise. direct. manage and control construction activities on a iob for which he has obtained a permit. and whose technical and personal qualifications have been determined by investigation and examination and is evidenced by his possession of a certificate of competency. Recif)rocity. To accept a verified affidavit from any municipality or county of the State of Florida that the applicant has satisfactorily completed a written examination in its jurisdiction equal in content with the examination required by this chapter. .' , .I, Registered contractor. A contractor who has registered with the Department of Professional Regulation of the State of Florida pursuant to fulfilling the competency requirements of the local iurisdiction. Registration. The act or process of registering a locally obtained certificate of competency with the state. or the act or process of registering a state issued certificate of competency with the municipality. Remodeling. Work which changes the original size. configuration or material of the components of a building. Residential building. Any one- or two-family building or accessory. Roofing. The installation of roof coverings. Spa. Any constructed or prefabricated pool containing water jets. Specialty contractor. A contractor whose services do not fall with the categories specified in Section 489.105(3). Florida Statutes. as amended. State of construction: (J) Site: The physical clearing of the site in preparation for foundation work including. but not limited to. site clearing. excavation. dewaterings. pilings and soil testing activities. (2) Building. The removal. disassembly. repair. replacement. structure. building system or building components in whole or parts thereof Stop work order. An order by the building official. or his designee. which requires the immediate cessation of all work and work activities described in the order. City of Winter Springs Ordinance No. 2001-57 Page 16 of 21 Structural component. Any part of a system. building or structure. load bearing or non- load bearing. which is integral to the structural integrity thereof. including but not limited to walls. partitions. columns. beams and girders. Structural work or alteration. The installation or assembling of new structural components into a system. building or structure. Also. any change. repair or replacement of any existing structural component of a system. building or structure. Substantial completion. Where the construction work has been sufficiently completed in accordance with the applicable city. state and federal codes. so that the owner can occupy or utilize the project for the use for which it is intended. Value. Job cost. Sec. 6-33. Establishing the location of local wind speed lines. Section 1606.1.6 of the Florida Building Code requires the exact locations of wind speed lines to be established by local ordinance using recognized physical landmarks such as major roads. canals. rivers and lake shores. wherever possible. The City Commission adopts the following locations: All land lying within the City limits of the City of Winter Springs shall have a wind speed designation of 110 miles per hour as designated on the wind speed contour map attached hereto as Exhibit "A". with the city limits being graphically depicted with landmarks upon the map attached hereto as Exhibit "B". See 6-34 Adoption of Florida Building Code Appendices. Appendices D. E. F. and H of the Florida Building Code are hereby adopted by reference. Sees. 6-35 -- 6-45. Reserved. Division 2. Reserved Permits and Inspections See. 6-46. Requir cd. It shall be ul1lawful for any pel SOli to COI1Stluct, altel, lepail, lemOve 01 demolish, or to con.lllel1CC the constluctiol1, alteratiol1, lepail, Icmoval or demolitiol1 of a buildihg 01 stiuctule ih the city without fil st obtaining a fuIlllal pern.it fI om the buildihg ihspectOl. See. 6-47. Exemption fOl gener al maintenance by local illdust. ;es. No pellllit sl.all be required for alte1 atiol1s or repails by 01 ful allY local industry or industriallhanufacturil1g plant as a palt of its genelallhaihtenance plogram, however, local industry 01 industl ialn.anufaGturing plants sl.all secure a pellllit for all new constl uctioh of City of Winter Springs Ordinance No. 2001-57 Page 17 of 21 Stl uctures of a permanent natul e. See. 6-48. Application generally. Applicatioh fOI a penuit requil ed by this article. shall be. made in WI iting and filed witll the building ihspectOI alId shall be submitted in such form as the building inspector may pi escribe. Sec. 6-49. Pel sons who may make application, eel tificate of anthol ity. An application for a pelluit required by this alticle shall be made by tile oWlIel 01 lesse.e, or agent of eithel, 01 tile al chiteGt, engilIeel or builder employed in conlIcction with tile proposed wOlk. If the applicatiolI is made by a pelson othet than the. Ownel, it shall be acconlpanied by a duly celtified affidavit of the owner or the person making tile application, tllat tile proposed wOlk is authol iLed by the o"'nel, and that the pel son making the applicatiolI is authorized to make such application. Sec. 6-5(t Contents of application. (a) An application fal a permit lcquiled by this alticle shall contaih the full names and addle.sses of tile applicalJt and the OWlIel, and if the owner is a cOIporate body, of its le.spo1lsible officers. (b) The application shall describe bliefIy the ploposed ~olk and shall give such additiolIal inronllation as Illay be t equil ed by tile buildilIg inspector 001 an intelligelJt understanding of the proposed work. Sec. 6-51. Inspection and pel..lit fees. On all buildihgs, stIUctUIes 01 alterations requiriug a building penuit, a fee shall be paid ih accoldance with the fe.e schedule adopted by lesolution of the city cOll1missiolI. See. 6-52. Plans to accompany application. Application fOI a pelluit requited by this attide shall be accompanied by such drawings of the ploposed wOIk, drawn to scale, ilIcluding floor plalIs, sections, elevatiohs and structural details as the building inspector may require. Sec. 6-53. Plot diagl am to accompany application. Thel e shall be filed with each application far a penuit I equil ed by this article, a plot diaglaI1l in a rOllIl and size Suitable for filing pellllalIehtly with the pelllIit lecord, drawn to scale, with all dimensions figUI ed, showing accurately the size and exact location of all proposed new construction, 01, in tIle case of demolition, of sl1ch Stl uGtLlres cv hiGh are to be demolished, ahd of City of Winter Springs Ordinance No. 2001-57 Page 18 of 21 '. , all existihg buildings and st{ uctures that are to {emain. Sec. 6-54. Amended applications, plans, etc. NothilIg in this .11 tide shall pr ohibit the filihg of amendments to an application or to a plah or otllcr lecold accolllpanying the same, at any time befOle thc completion oftlle ~ork fo1 which thc pelluit \'vas sought. Such amendmeht, aftel app{oval, shall bc filed with alld deelllcd a palt of tile 01 iginal applicatioh. Sec. 6-55. Appl o\' al of application, issuance 01 I ejection of pel mit. It shall be the duty of the building inspcctol to exa{lline applications for pellhits lequiled by this al tide withih forty-eight (48) hours afte! the applicatioh is filed. If, afte! exa!lIination, the building inspector finds no objectioh to the application ahd it appears that tile proposed wOI k. will be ill compliance with the laws and o!dinanccs applicable the!eto, and the proposed work will be safe, he. shall app! o'\!e such application and issue a pelluit for thc proposed work as soon as p!ac.ticable. Ifhis examillation reveals otherwise, he will {eject such application, noting his findillgs ill a report to be attached to the application, and deli v er a copy to the applicant. Sec. 6-56. Building ;uspectol to sign pe.mit. L\-el) permit issued by the building inspector under the provisiolls of this chapter shall have his sighature affixed thereto, but this shall not plct-ent him fiom authorizing a suboldinate to affix his signature. See. 6-57. Expiration of pel mits, 1 ene",als. A perlllit undel which no work is cOInll1enced within sixty (60) days after issuance sllall expir e by limitatioll or shall expil e after the cxpir ation of one (l) yeal fr om the date of issuance. Permits 111(1)1 be rehewed for a longer period of time at the discletioh of the building inspector. Sec. 6-58. Revocation. The building ilIspector may revoke a permit 01 appro\-al issued under the prOvisions of this cllapter in case tiler e lias been any false statemeht or Ihisr ep1 escutatioh as to a material fact in the applicatioh or plans on ~hich the pe1nlit 01 approval was based. Sees. 6- 46 59--6-80. Reserved. * * * ARTICLE VII. UNSAFE BUILDINGS City of Winter Springs Ordinance No. 200 I-57 Page 19 of 21 '. I Sec. 6-165. Standard Unsafe Building Abatement Code adopted. The city hereby adopts in its entirety that certain code known as the Standard Unsafe Building Abatement Code, 1997 t9&5 Edition, as promulgated by the Southern Building Code Congress International, Inc., subject to all amendments. modifications or deletions hereinafter enacted except as otherwise provided in this at tide. * * * Section 3. Florida Building Commission Notification. In accordance with Section 553.73(4)(a), Florida Statutes (2001) the City Clerk shall file a copy of this Ordinance with the Florida Building Commission within thirty (30) days of becoming effective and shall make a copy available for public inspection immediately upon adoption. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 7.. Effective Date. This Ordinance shall become effective simultaneously with the effective date of the Florida Building Code. ADOPTED by the City Commission of the Cit meeting assembled on the 10th day of December I A Tl'EST: ,<\ " 'I' ANDREA LO City Clerk City of Winter Springs Ordinance No. 200 I-57 Page 20 of 21 M, ( Approved as to legal form and sufficiency for the City of in ~r Springs only Ant ony A. Garganese, City Attorney First Reading: November 26, 2001 Second Reading: December 26, 2001 Effective Date: December 10, 2001 City of Winter Springs Ordinance No. 200 I-57 Page 21 of 21 EXHIBIT IA State of Florida Wind-Borne Debris Region ...... () Wind-borne Debris Region (120 mph and above) AseE 7-98 Wind Zones Hurricane winds _ 150-159 mph Category 5 (Mitch) _140-149 mph Category4 (Andrew) F;:::;::::;;;::::::~::::1130-139 'mph Category4 ~O'Pa/rl .:.:.:.;.:.::;:%.:.:.:~.:.; (' ~ ~ 1 mile of 003St (Panhandle Protedion Provision) Hr:::fI:fJ 120-129 mph Category3 (Fran) ~ 1 mile of emst (Panharxlle Prdedion Provision) ~ 110 mph (within 1 mile of coast) Note: This map is accurate to the county. It should not be used for precise placement of cities near zone borders. Wind speeds are based on the American Society of Civil Engineers Standard (ASCE 7-98) 50-tOO-year peak gusts. , , - - - .0 . " ~~o'" - Published by: Florida Department of Community Affairs and the Florida Building Commission 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100 Toll Free 877-FLA-DCA2, Websile: http:/tww.Y.dca.state.f1.us Governor, Jeb Bush; Commission Chair. Raul L. Rodriguez. AlA; Seaetary, Steven M. Seibert; Chief of Staff. Pamela Davis Duncan; Legislative Director, Janice Browning; Communications Director, David Bishop; Division Director, Tom Pierce; Editors: Rick Dixon, PE, CBO, and IIa Jones, Program Administrator; Writer/Designer: Elizabeth Woodsmall, OMC II. Printed on Recycled Paper @ June 2000 , . a- \ ,. . ~ City of Winter Springs EXHIBIT 8 ~ B :I ... ~. . .' . . . e, fJ1. .. --- . ,. - )~~ ( ~ r -. . - .. - . t , Source: St Johns River Water Management District, Soil SUr'Jey of Seminole County, Florida. and Land Design Innovations, Inc.. August 2001 Map is for graphic representation purposes only: actual data must be verified by City staff. N MAJOR ROADS "AJ CITY OF WINTER SPRINGS MUNICIPAL BOUNDARY SOTLS: BH'GH MEDIUM o LOW B VERY lOW _ POOR _ OPEN WATER o DATA NOT AVAILABLE REGARDING SUITABILITY ~ N o Miles _(l L-'.'''D DESIGN [NNOI/....~I.9.~~ .u.. 1"10 O,.lando A"'''l'n~e. Sud'" 1.95 IN,"'.,.. ='3,...lt. Flo"'da JZ731 'l()7 .175.; !7' I, International Hurricane Protection Association ~~~~aKO.~ouAt. kuaRr~a Ap,,,~7r../ "'~~CT'I~N ~aSSOG4t`r~~ IHPA Information State of Florida wUind-Borne Debris Region - T - ~. ~ ~ ~ i, ~ _, v.i ~ ~ aaw dwr ~ i w~ i ~ 1 r ~ «w. wr~ _ -~.- - I~~~ er Ir}-flv(c~ ~ ~:: c...v..~.-V-J ~ ~ U ~~~ t ~~~.. Wind~borne Debris Re ion (12D mph and above, ASC E 1-96 WGid I,cxws +krrir.~u- 150-1~ mph CaMyoryS (~Mdt} ® 1~0-i19 mph p+ayay~ fkl °-_ 130-.139 mph C;epgoryo ft7p~'1 •.»•• lmledmenttP3tY~a~ul~PloMt'Y.+tPkrNbtN ~_ 120-129 mph Cabgory3 jFren) •.•,• lmiedmra4Q~ant~,arPm~em,Ao-Ub~l ••.•~•~• 110 mph t r m+fe o-ooaatl NoM: rns n sttTar+e b dhs ~' k ~hoo~0 rof W wsC br p~cis~ prsce~mat doi(vs nor mnr bmiss N9+d ~wds aro draeQ ca Mse Maenan ~h d CSa Enyar~ SsaTdard f~44C£ 7.98150-10t?~r'~M iMt#t Page 1 of 1 f- ~..a.d ~ ~ . ~~ IkrAU Catg'MI~M tl fJ~IMhf RAlfliW hri~M~Qt/gPpr dun c55 £~uew~4.lrt BnM.rM TM4lrsw+i Ftrkfu343l6~2lAO s.A free ErrlLF~OGA3 Ywtaehll{.rw,•adu Alma Owrwot J~ELM. Cmrmu.++Ow RiJ L. RMy~ptt .W Sw:qu~(1M+Y $wtwt, Ctrl a SM ibrNa Cis.•s Qrru~..lp~YM M~tlat .Mtls ltsri« fen-/io~tt0ltltt.Olttl 6eYep. Chrer~ Ovrda Tan pwpv Eton QM dw., pE. d-0. lM w bra iN/w IdNantdur,'MMtG~nr EWN1~vtosl~s~6 oYC ~. rya«~*now+w. +yt .a..~a L'~'' 1,~-ll~ ~~ ~~ International Hurricane Protection Association 13035 SW 122nd Avenue Phone: 30 ~~ ~((;; ^ Miami, Florida 33186 Fax: 30 ~~ ` `~-=1 ~~ S l`~~;{ httpalwww.inthpa.com/Windmap.asp 12/3/01 • ~- I __ Click here to access the printable (.PDF) version of the State of Florida Wind-borne Debris R International Hurricane Protection Association ,~FtNAnONAL JFF:rCa.. n ormatlon -~1~~~ ~,~-___Rea er Page 1 of 1 Click here to download a printable PDF version of the Florida GIS Wind Zone Map By County We also have available for download GIS Wind Zone maps of individual Florida counties. Choose from the list below to download the appropriate county map. Alachua Lee Baker Leon Evacuation Routes N ina.:tats Bradford Levy ~ U.B. Hlphway Brevard Liberty ~.~/ 8Ute Highway Broward Madison County Roads //Toll Roads Calhoun Manatee RR Lines Charlotte Marion Est. Wind Boundary Citrus Martin - a0-~ `~ 90-100 Clay Monroe 100-110 Collier Nassau 110.120 Columbia Orange ~ 120-150 Dade Okeechobee 1 SO-140 `r `?r 140-150 Desoto Osceola 166 + Dixie Palm Beach Duval Pasco Click here to download Escambia Pinellas Legend Flagler Polk Gadsden Putnam Gilchrist Sarasota Glade Santa Rosa Gulf Seminole Hamilton St. Johns Hardee St. Lucie Highland Sumter Hillsborough Suwannee Holmes Taylor Indian River Union Jackson Volusia Jefferson Wakulla Lafayette Walton Lake Washington International Hurricane Protection Association 13035 SW 122nd Avenue Miami, Florida 33186 Phone: 30 Fax: 30 http://www.inthpa.com/gismap.asp 12/3/01 +•- ~! ~ FLORIDA GIS WIND ZONE MAP Color map