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HomeMy WebLinkAbout2001 11 26 Public Hearings G First Reading - Ordinance 2001-57 Buildings and Building Regulations CO~MISSION AGENDA ITEM G Consent lnfonnational Public Hearing X Regular November 26, 200 I Meeting ~ Mgr. I Au. I Dept. REQUEST: The Community Development Director and City Attorney present to the Cily Commission for a first reading Ordinance No. 200 I-57 that would amend Chapter 6 of the Winter Springs Code of Ordinances entitled Buildings and Building Regulations and repeal Chapter 8, in response to the implementation of the Florida Building Code, 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 (200 I) provides for the adoption uf a unified state-wide building code, which supercedes all local regulations and becomes automatically effective on January 1,2002. As a result, the following Articles of the City Code need to be repealed and administrative amendments adopted, to facilitate the local enforcement of the Florida Building Code. Specifically repeal of Chapter 6, Article r In General; Article rr Administration; Article Ill, Building Construction Standards; Article IV, Electricity; Article V, Plumbing; Article VI, Mechanical; Article IX, Swimming Pools; and Article X, Gas Code, and Chapter 8, entitled Flood Damage Prevention, . APPLICABLE LAW AND PUBLIC POLICY: Chapter 553, Flonda Statutes providing for the adoption of a unified statewide building code, and providing for local administrative and technical amendments. Florida Building Code adopted under Page I of 2 CONSIDERA TIONS: Ordinance No. 2001-57 is necessitated by the implementation of the Florida Building Code which supercedcs alllocaJ Building Codes. STAFF RECOMMENDATrON: The Community Development Director and City Attorney recommend a second reading, public hearing, and approval of Ordinance No. 200] -57. A IT ACHMENT: Ordinance No. 2001-57 COMMISSION ACTION: r 'J)()("lN:,lV fJ( W.n'-' S[riJ'PVW>nd.1'.F!orjJ, Lluad;"tl CO<.k 11,]&01 M'&JJ Pagc 2 of 2 ORDINANCE NO. AN ORDINANCE OF THE CITV COMMlSSlON OF TilE CITY OF WINTER SPRINGS, FLORIDA REPEALING CHAPTER 8 OF THE CITY CODE, ENTITLED FLOOD DAMAGE PREVENTION, IN ITS ENTIRETY AND AMENDING CHAPTER 6 OF TIlE CITY CODE, ENTITLED BUILDINGS AND BUILDING REGULATIONS BY PROVIDING FOR THE REPEAL OF ARTICLE I, IN GENERAL; ARTICLE 11, AD MJNISTRA TION; ARTICLE III, BUILDING CONSTRUCTION STANDARDS, ARTICLE lV, ELECTRICITY; ARTICLE V, PLUMBING; ARTICLE VI, MECHANICAL; ARTICLE IX, SWIMMTNG POOLS; AND ARTICLE X, GAS CODE AND THROUGH THE ADOPTION OF A NEW ARTICLE 1, TO CHAPTER 6 OF THE CODE OF ORDINANCES, ENTITLED ADMINISTRATION, AMENDING THE FLORIDA BULLDL'i'G CODE; PROVIDING FOR THE ADOPTION OF A CITY WIDE WIND SPEED AND LOCATION OFWlND SPEED LINES; PROVIDJNG FOR THE ADOPTION OF APPENDICES TO THE FLORIDA BUILDING CODE; PROVIDING FOR THE REPEAL OF PRlOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING J.<'OR INCORPORA nON J:NTO THE CODE; PROVIDING FOR SEVERABJLITV; 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 I, 2002; and WHEREAS, the Florida Building Code is applicabk 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, structuH:S 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 P.ge I of IQ WHEREAS, the Florida Building Code provides local jurisdictions, under certain dcfined 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 besl interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF Tl1E CITY OF WINTER SPRlNGS 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. Repeal Code. The City of Winter Springs Code, Chapter 6, Article I, Tn General; Article II Administration; Article ITT, Auilding Construction Standards; Article IV, Electricity; Article V, Plumbing; Article VI,l\.fechanical; Article IX, Swimming Pools, Article X, Gas Code, and Chapter 8 in its entirety are hereby repealed upon the effective date of the Florida Building Code. A copy of these articles has been attached as Composite Exhibit "A" for reference purposes Section 3. Code Amendment. The City of Winter Springs Code, Chapter 6 is hereby amended as follows. (underlined type indicates additions and ~ll i"-l;:out 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 BUlLDTNG lU:GULA TIONS" ARTrCLE 1. ADMINISTRATION Sec. 6-1. Administrative Amendments to the Florida Ruildine: Code. Chapter 1 of the Florida Building Code. as orovided for in Section 553,73. [<Iarida 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 Buildin~ Code,) fA} 101.4./3 Rules of construction. The rules set out in the Florida BuiJdinC! Code and tills chapter shall be observed, unless such constf\.lction 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 City of Winter Springs Ordinnnc.: No. Plcolof 19 inconsistent with this section. ill 101.4. /3.1 Gcneral~1 provisions. tenus. 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 orovided. shall have the meanings pr<:'scribed by the Florida Statutes ill 10/4. j], 2 Text [n case: of any difference of meaning or implication bet""cen the text of this chaPter and qOYJjgure. the text shall control. ill 10/.4.13.3 Deleeation of authf)rity. Whenever a provision appears reQuirin~ the building official or some other officer or employee of the City to do some act or perform such duty. it is to be construed to authorize the building ufficial or other officer to designate, dele~ate and authorize professional level subordinates to perform the required act or duty unless the tenus of the provision or se<;tion specify otherwise. (Ql 102.2 Buildinc. Division. There is hereby established a division of the Community DeveJooment Department called the Building Division. The Building Division shall be lead by the building official. who in turn will report to the communi tv development director. ill 102.2. / Buildine official qualifications. The building official shall be licensed. in accordance with Chapter 553. florida Statutes (200 I). and as may be amended, as a Building Code Administrator by the State of Florida. ill 102.2.3 Emplovee qualification~. The community development director, with the aoproval of the city manager, may appoint or hire such number of officer~. 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 inSDeCtOr or plans examiner unless that person meets the qualifications for licensure as an inspector or plans examiner as e!\tablished in Chapter 553. Florida Statutes. (200 I) as may be amended W 103. j General powers and duties of the buildin2 Qfficial The building official is hereby authorized and directed to enforce the provisions of the Florida Building Code and this chapter. The buildin~ official shall have the aUlhonty to render interpretations of this code and with the approval of the community development director to adopt policies and procedures in grder to c1aritV 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 ofwai\<;ng requirements specifically provided for the Florida Building Code. ill 103.2 Right of entry Cily of Winlcr Spr;'n~ Ordinance No, Page .1 of 19 (A) Buildine official or an authoriz.ed desij;UIce mav enter any buil~jn~, structure. or premises at all reasonable times to make an inspecti01) or enforce any of the provisions of the Florida Building Code or lhis chapter. In cases of emergencits or exieent circumstances where extreme hazards arc known to exist, the building offit,;ial may enter the building, structure. or prcmjs~s at any time. {ill When attempting to enter a building, structure oU1remises that is occupied. the building official or authorized designee shall first igentify hiruself or herself. display: proper cr~.gentials and request entry, If the builqjn~, structure, or premises are unoccupied, the building official shall first make a reasonable effort to locate the ovmcr or other persons having charge of the huitdin!Land reque~t entrv. Tf entry is 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 in.mection warrant. [Q When the buildinl:! official or authorized designee sludl have obtained permission to enter, secured an inspection warrant, or obtained another remedy provided by law to secure entry. no person ~haJl fail. after proper credentials are displayed. to promPtly permit entry into the building. structure or vremises 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 J 03.4 Revocation of permits. The buildinQ 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 viol~tion of any ordinance or regulation or any provisions orthe Florida BuildinR Code or this chapter. ~ 103.4. J Misrepresentation of application. The building official may revoke a permit or approval. issued under the provisions of the Florida Buildin~ Code or this chapter, in case there has been any false statement or misrepresentation as to the material fact in the ~plication or plans on which the permit or approval was based. Qll 103.4.2 ViQlation of Florida Buildiu1! Code orovisions, The buildinR official may revoke a permit upon detennination by the building official that the construction, erection, alteration. repair, movin~. demolition, installation, or replacement of the building. structure, electrical. gas, mechanical or plumbing systems for which the permit was i~sued is in violation of. or not in confonnity \\~th, the provisions of the Florida Buildin~ Code or this chapter. UD. 104./.6 Time limitations. ExceDt as otherwise provided in this chaPter, an application [or 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 of filing for the permit, or plan approval, City or" Winter Sprules Ordinance No. Pag, 4 I1f (9 whichever is later unless before then a permit has been issucd. One or more extensions of time for Reriods of not more than 90 days each may be allowed by the building officiaJ for the application. provided the extension is request in writing and justifiable cause is demonstrated. ill IO.f.2']'2 Additional data. The buildin~ official shall be allowed to require detai~ computations, stress diagrams. and other data necessary to describe the construction or installation and the basis of calculations. ill 104.2. -I Site drawilles. Drawings shall show the location of the proposed buildinR or strudure and of every existi",~ buildins or structure on the sitc or lot. The building official shall 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 followilliL ill Gencnd 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 adiacent property uses. The exterior storage areas shall be identified with the hazard classes and the maximum quantities oer hazard class of hazardo.\!,Lmaterials stored, ill Duildine floor Dlan A building floor plan drawn to a legible scale, which shall include, but not be limited to, all hazardous material~ storacte facilities within the building and shall indicate rooms. doorways. corridors. exits. firc rated assemblies with their hourly ratinlZ, location ofliCluid tight rooms, and evacuation routes. Each hazardous materials storage facility shall be identified on the olan with the h.a2:ard classes and Quantity ran~e per hazard class of the hazardous materials stored. ill 1U4. 4. 6 Public ri2ht of way. A permit shall not he given by the buildiM official for the constmction of any buildin~, or for the alteration of any building where said building is to be changed and such change will affect the exterior waIls, 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 buildin~ or structure removed from another lot or premises, unless the applicant has made application for right of way permits from the authority having iurisdiction 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 Cod~ or this chaoter. Every permit issued shall become invalid unless the work authorized by such City of WLnt~T Spnngs OnllnllIlCc No. r~gd of 19 ~cnnit is commenced within six (6) months after the time the work is conunenced. Failure to obtain an approved inspection within one-hundred eighty (I80) days of the previous approved inspection shall constitute sUSDension or abandonment. One or more extensions of time. for periods not morc than one-hundred eigJ:ili: (180) days each. may be allowed by the building official for the pennit. 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 E!lli!ation of Demolition Permits. Permits issued for the demolition ofa structure shall expire sixty (60) days from the date of issuance. For a justifiable 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 J 04.6.4.1 Permit Fees. On all buildinRs, structures or alterations requiring a building Dermic a fee shall be Daid in accordance with the fee schedule adopted by resolution of the city comnusslon. 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 plumbin~ systems appears to be underestimated on the aoplication. permit shall be denied. v.n1ess the atmlicant can show detailed estimates which meet the annroval of the buildinR official. Pernlit valuations shall include total cost. such as electrical. ~a.s. mechanical. plumbin~ equipment and other systems, including materials and labor. The pennit valuation may be calc-ulated usinl! the latest Building Valuation Data published by the Southern Building Code Congress Tnternational or other applicable model code organization. at the OPtion of the building official. fm) 105.1 Existing buildioe inspections. Before issuin~ 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. reoair. move. demolish. install or change the occupancy, The building official sh.aJl inspect aU buildings. structures. electrical. gas, mechanical and olumbing 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. D:D. 105.2 Manufacturers Ilod fabricators. Wl:!en 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. [Qj 105.3 Iospection servil;c. The buiklin~ official may make or cause to be made, the inspcctions required by Section 105. of the Florida Building Code, The building official may accept reports of department inspectors. independent inspectors or of recognized insnection CI ty of Winter Spring:! Onhnance No. ra.<:P I> (.f 19 services. provided that after invcstiR'ation the building official is satisfied as to their licensure .\l,ualifications and reliability. A certificate required by any provision of the Florida Buildin~ Code shall not be based on such reDorts unless the same are recorded bv the building code inspector or the architect or engineer performin.g building code inspections in a manner specified bv the buildinR ofliciaJ. The building official shall ensure that all Dersons ma~ing such inspections shall be certified in accordance to Cha"Qter 468, Florida Statutes. (Q) 105.6 Required inspections. The building official upon notification from the permit holder or the permit holder's aRent shall make the followjn~ inspections. and shall either release !hat portion of the construction or shall notifY the permit holder or the permit holder's ap;ent of any violations which must be corrected in order to comply with the technical codes. The building official shaJl detem1inc the timing and sequencing of when inspection occur and what elements are inspected at each insoection, ~ I. Foundation insoection: To be made after trenches are excavated and fonm erected and shall at a minimum include the following building components: stem -wall monolithic slab-on- ~rade piling/pile caps footers/~rade beams 1.1. Slab Inspection: To be made after the reinforcement is in place. all concealed conduit. oioin~. ducts and vents are installed and the electrical, plumbing and mechanical work is complete. Slab shall not be poured until all required inspeCJions have been made and passed. A foundation survey prepared and certified by a registered surveyor shall be reauired for all new construction prior to aooroval of the framing inspection. The survey shall certify placement of the puiJding on the site. illustrate all sl,Jrroundinl$ setback dimensions and shall be availahle at the iob site for review by the building inspector. In lieu of providinc a survey. the contractor may elect to uncover all property line markers and string-up all property lines in preparation for inspection 2. FraminR inspection: To be made after the roof, all framing. fire-blocking and bracinR is in place. all concealed wirinl!. Cit}' of Winter Spring5 OrdinwlCe No. Poge 7 of 19 all Dipcs. chimneys. ducts and vents are complete and shall at a minimum include the following building components: window/door framing and installatioQ vertical cells/columns LillteVtie beams fram i nWl l\J$scslbracini;! co nnect 0 rs draft stoDDing/fire-blockim~ curtain wall framing ener~ insulation accessibility 2.1, Insulation Inspection: To be made after the framing inspection is approved and the insulation is in place. ], Sheathing inspection: To be mad~ either as part ofa dry-in inspection or done seoarately at the reauest of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the followin~ building components: roof sheathing wall sheathing sheathing fasteners rootJwall/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 ~he following building components: dry-in insulation roof coverings fl~shing 5. Final inspection: To be made after the building is completed and ready for occupancy, City of WUllcr Sprill~S OrilllUlJ1ce No. P.e' Kat 19 6. Swimminl?: pool inspection: Fir~t inspection to be made ~fter excavation and installation of reinforcing 5teel. bonding and main drain and prior to placing of concrete. Final inspection to be made when the swiIllITllng pool i~ complete and all required enclosure re{Juirements are in place. 10 order to pass final inspection and receive a certificate of completion, ;l. 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 City of Winter Springs Ordinance No, P.cc 9 or 19 ditches are excavated. conduit and cable installed, and before any backfill is put in place. 2, RouR:h-ln inspection: To be made after the roof. fi'amin~, fire-blocking and bracing is in place and prior to the installation of wall or ceilinR membranes. 3. Final inspection: To be made after the building is complete, all required electrical fixtures are in place a~roperIv ~onnected or protected, and the structure is ready fur occupancy. Plumbim~ ]. Underground inspection: To be made after trenches or ditches are excavated. oiping installed. and before any backfill is Qut in place. 2. Roucll-ln illsoection: 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 ceilinp; membranes. 3. Final inspection: To be made after the building is complete. all required pJumbinR fixtures are in olace and properly connected. and the structure is ready for occupancy. Mechanical J. Underground inspection: To be made after trenches or ditches are excavated. underground duct and fuel piping installed, and before any backfill is out in place, ~l.1gh-In inspection: To be made after the roof, framing, fire-blockin~ and bracin~ is in place and all ducting and other concealed components are complete. and prior to the installation of yvall or ceiling membranes. 3. Final inspection: To be made after the building is complete, the mechanical System is in place and pr(lDerlv connected, and the structure is ready for occupancy, City of Winlcr Springs OnJil1lillce No. P.~~ 10 of 19 Gas 1. Rough pipillR inspection: To be made after all nc;w ~~ is authorized by the permit has been installed, and before any such piping has been covered or concealc,d or any ,fixtures or ells ilDDliances have been connected. 2 Final piping inspection: To be made after a/l piping authOfi~ed bv 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. ], Final inspection: To be made on all new gas work authorized hv the permit and such portions of existing systems as may be affected by new work or any change:;. to insure compliance with all the requirements ortms code and to assure that the illilillation and constmction of the ~as system is in accordance with reviewed plans. Site Debris 1. The contractor and/or owner of any active or inaqive construction proiect s.hall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles prior to receiving final inspection agrJfovaL Construction iob sites must be keot 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 su<.:h a manner as to prevent it from being spread bv any means. {g} 106.1.2 Tssuine: Certificate of Occupancy. Upon completion of construction of a building or structure and installation of electrical. gas, mechanical and plumbing systems in accord,tnce with the technical codes, reviewed plans and specifications. and after the final inspection. and after verification that all septic system permits hi;ive 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 Jaw. and the allowable load per square foot for each floor in accordance with the provisions of this code. Ld In7. / Tcstine-. For products not covered under the statewide product evaluation and Cit)' of WLlllcr Spnng, Ordinance No. r,l(" 11 or 19 approval sYstem, the building official may rcquirt:: tests or test reports as proof of compliance. Required tests are to be made at the expense of owner. or his ap.ent. bv an ap.Qroved testing laboratory or other approved agency ill 10Y.] Violations and Pen1llties. Any Rerson 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, alrer. install. demoLish or move any structure, electrical, ~a.s. mechanical or plumbinRjystem. or has erected, con)tf1lcled, altered, repaired. moyed or demolished a building, structure, electrical, gas, mc<:;hanicaI or plumbing system, in violation of a detailed statement or drawing submitted <lnd permined there under. shall be guiltv of a misdemeanor or the second dCRrce. 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 bv law and local ordinance ill J 10 Establishment or Construction Board of AdiUJtment nnd Apoeals ill 1/0./ Construction Board of Adiustment llnd Appeals. lhcre is hereby established a board to be called the board of adjustments and appeals, wh.ich shall consist of five (5) members of the Winter Springs City Commission The tenn of office for each of the five (5) seats which compri5e the board of adiustments 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 Citv of Winter SorinQs as well as the Winter Springs Code of Ordinances. ill 110.3 Powers. The Construction Board of Adiustment~ and Appeals shall have the power, further defined in 110.4, to hear appeals of decisions and interpretations of the building ofticial. ill 11 (). 4 Appeals. fA) 1/0.4.1 Decision of the buiJdin2 official. The owner of a h\liJding:, structure or service system, or his dulv authorized a~ent, may appeal a decision of the building official to the Construction Board of Adiustment and Appeals whenever anyone of the following conditions are claimed to exist: 1. The building official rt::iected 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 buildinQ, stn.lcrure or service system, 2. The provisions of this code do not aODly to this specific case. City of WintLT Srnl\!:~ OrtlinlJ.l1::c No. r'G~12o{19 3. That an equally good Or more desirablt: form of installation can be employed in any specific case 4. The true intent and meanin~ of this code or any of the regulations there under hilve been misconstrued or incorrectly interpreted. @} 110..1.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 f'alendar 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 apRealcd to the Florida Building Commission. pursuant to section 120.569. Florida Statutes. n~Rarding the local g,ovemments action Notice of Administrative Rights may be obtained from the building division. ill 110.5.2 Decisions. The Construction Board of Adjustment and Appeals shall, in ~vc:ry case. reach a decision without unreasonable or unnecessary dela\" 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 apDlication of any provision of this code. the building official shall immediately take action in accordance with such decision. Ever\' decision shall he promptly filed in \"'Tjtin~ in the office of the building official and shall be ooen 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 buildinQ official for two weeks after filing. Every decision of the board shall be final, subiect however to such remedy as any aggrieved party might have at law or in equity. Sec. 6-2. Administrative Amendments to the Florida Buildine Code. Chapter 2 of the Florida Building Code. as provided for in Section 553.73, Florida Statures (ZOO I), 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 10/.4.15 Word~ defined. A hal/don or abandonment. (I) Termination of a constnJCtionj2roiect by a contractor without iust 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 eightv (180) days from the previous inspection. Appraised value. For the purpose of this section. aDPraised value is defined as either (I) 9ne hundred and twenty (120) percent of the assessed value of the stnlCture as indicated by the Count\' Property Appraiser's Office or (2) the val\le as indicated in a certified appraisal from a certified appraiser. A.He.\:\'ed value. The value of real property and improvt;ments thereon as established by City of WmlLT Springs Ordirwnce No. P'!;C I) of IQ the County Property Appraiser. A uthori:ed agent. A fl~rson specifically authorized by the holder of a certificate or competency to obtain permits in his stead. Hasic Wind Speed l.ine, The basic wind speed line for the iurisdiction shall be established by t he wind speed contour map attached to, and made part of, this chaPter if aoolicable, Hoard. The appropriate Citv or County Board of Adiustment \l.nd Appeals, unless olhem'ise specifically stated. Rui/din\!. component. An element or assembly of elements integral to or part of a building. IJuildin:,? shell. The structural components that completely enclose a buildinR. includin~. but not limited to. the foundation. structural frame. floor slabs. e:>..1erior walls or roof system Buildinf! sYstem. A functionally related group of elements. components and/or equipment, such as the electrical. plumhin~ and mechanical systems of a building. Ccrri(icution. The act or process of obtaining a certificate of competency from the state ill.municipality through the review o[the applicant's experience and financial responsibility as well as successful passage of an examination Certificate of C()m"etenc~' (cati{icate). An official document evidencinR that a person is ~ualified to engage in the business of contracting. subcontracting or the work of a specific trade. Certificate of experience. .A..n official document evidencing that an applicant has satisfied the work experience requirements for a certificate of competency. Certificate of occupancy (C 0. j, 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. C.ftan'{e of occupancy. A chanRe from one Building Code occupancy classification or subclassification to another. Commercial hui/ding Any building. structure, improvement or accessory thereto. other th.;tn a onc- or two- family dwelling. rumu/atlve con.<>truction cost. The sum total of costs associqJed with CUlY construction Cty of Winter Springs ()nJillll.llcc No. Poge 14 of 19 work done to a building..Q..Ujructure either at one (I) time or a different times \'lithin a specified QQiQd of time.. Demolition. The act of razinQ. dismantling or removal of a building or structure. at portion thereof. to the ground level Examination An exam prepared. proctored and gri.\ded by a recognized testing agency unless utherwise implied in context or specifically stated otherwise, FCILlJ, The Florida Construction Industry Licen:iin~ Board. Imminent Danger. Structurally unsound conditions of a structure or portion thereof that is likely to cause physical iniury to a person enterin~ 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 (0 a person or property nearby: Or The condition of the propel1Y is such chat it harbors or is inllabiced by pests. vennin. or organisms iniurious to human health. the presence of which constitutes an immediate hazard to people in the vicinity. InspeCTion warrant. A court order authorizinl! the official or his desi~nee to Derform an insP.ection of a particular property named in the warrant. Intensificatiun of use. An increase in capacity or number of units of a residential or commercial buildiOlt Tl1lerior finish. The preparation of interior spaces of a commercial buildin~ for the first occupancy thereof Ucensed contractur. 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 re~lations of this code. Owner's ac;ent. 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 rej..,'lIlated by this chapter. Permit card or placard A document issued by the iurisdiction evidencing the issuance of a permit and recordin~ of insoections. City of Winter Springs Ordmance No. POGO I ~ of I ~ Qualifying agent, Drimary'. A person who possesses the requisite skilL knowledge, expe.rience and certificat~f competencY. and has the reSDonsibilitv to suoervise. direct. mana~e. and control the contractinl:.( activities orthe business organization with which he is aSSQciated: who has the responsibility to supervise. direct. manage and control constmction activities on a job for which he has obtained a nemuc and whose technical and personal Qualifications have been determined by investigation and ex.amination and i9 evidenced by his possession of a certificate or competency. Qualifying agel/I. secondary. A person who possesses the requisite skill. knowled~c. experience and certifi<4te of competency. and has the responsibility to supervise. direct. manage aoLl control construction activities on a iob for which he has obtained a permit. and whose technical and personal aualifications have been determined by investi~ation and examination and is evidenced by his possession of n certificate of competency. Recivrocitv To acceDt a verified affidavit from any municipality or county of the State of Florida that the applicant has satisfactorily completed a written examination in ilS iurisdiction equcl in con lent with the examination reQuired by this chapter. H.egistercd contractor. A contractor who has re~istered with the Department of Professional Regulation of the State of Florida pursuant [0 tulfillin\..( the competency requirements of the local iurisdiction, H.eKi.Ylration The act or process of re~istering 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 chaDl~es the original size. configuration or material of the components of a building. Residential buildinf!. Any one- or two-family buildin~ or aCl;essory. Ro(}[infJ. The installation of roof coverings. Spa. Any constructed or prefabricated pool containing water iets. 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: (I) Site: The physical clearing of the site in preparation for foundation work includin~, but not limited to. site clearing. excavation. dewaterings. pilinp;s and soil testing activities. City of Wiuter Spring.~ Ordinuncc No. r'~cI6ofl? (2) Ruilding. The removal. disassemblv. repair. replacement, structure. buildinf-! sys!em or building components in whole or parts thereof Stop work order. An order by the building official. or his designee. which requires the immeoiate cessation of all work and work activities described in the order. S'tructural COlnfJonem. Any part of a system, building or structure, load bearinR or non- load bearing, which is integr<ll to the structural integrity thereof. including but not limited to walls, partition~. columns. beams and .Rirders Structural work or alteration. The installation or assembling of new struc~llral comoonents into a system, building or structur~. Also, any change, repair or replacement of any existing structural component of a system. buildinQ or structure. SlIbslantial completion. \Vnere the construction work has been sufficiently completed in accordance with the aoplicable city, state and federal codes. so that the owner can OCCUpy or utilize the proiect for the use for which it is intended. Vallie. Job cost. Sec. 6-3. EstabJishine: the location of local wind speed lin~s. Section 1606.1.6 of the florida Building Cod~ires the exact locations of wind speed lines to be established by local ordinance using recognized physical landmarks such as maior roads. canals. river~ and lake shores. wherever Dossible. The City Commission adOPts the following locations: ill fInfo to supplied by Building Official] 1.Q1 The wind speed for the City of Winter Springs within the above described boundaries is 120 MPH. Sec. 6-4. Admini~tratjve Amendments to the Florida BuiJdinl:! Code. Section 3109'_q! the Florida Building Code. as Drovided for in Section 551.73. 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 chaPt~r and the Florida Building Code) W 3109./.5 Establishio2 the area of special flood hazard. The areas ofsDecial flood hazard as identified by the federal insurance administrator in a scientific and engineering report entitled "The Flood Insurance Study for the City of Winter Springs, Florida." dated March 16, 198 L with accompanying flood boundary and tloodwav map and flood insurance rate map are hereby adopted by reference and declared to a part of this chaPter CIty of Winter Spring~ Ordintmu.: No. P'8C 17 of 19 .G21 3109,7. 1.1 Location of the lowest structural member. The lowest horizontal structural members of the lowest floor. includin~ basements. but excluding footings, pilinp:s, columns. pile caps. nons(ructural slabs. bracing and grade beams. shall be elevated at or above the base flood elevation in the following types of buildings: 1. Residential buildings including manufactured hom<;s 2. All other Occupancy buildinRS. except that buildings in this category need not meet this requirement if the building and its utilitv and sanitary facilities are flood proofed to 01' above the base flood elevation in accordance with the floodproofin~ provisions of 3109.10. ~6-5 Adoption of Florida Buildin~ Code Appendices. Appendices D, E, F. and H of the Florida Building Code are hereby adOPted bv reference. See,:. 6-6 -- 6-30. Reserved. ,. Ie ... ARTICLE VII. UNSAFE BUlLDINGS Sec. 6-165. Standard Unsafe Building Abatement Code adopted. The city hereby adopts in its entirety that certain code kno\.\,'TI as the Standard Unsafe BuildlOg Abatement Code, 1997 t965 Edition, as promulgated by the Southern Building Code Congress International, Inc., subiect to all amendments, modifications or deletions hereinafter cnacte~ ~^Ccpl ,U 0(11\..1 vv;~(, pI vviJcd jll tl,is ell t;;de. * * ... Section 4. Florida Building Commission Notification. In accordance with Section 553.7.1(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 tor public inspection immediately upon adoption, Section 5, Repeal of l'rior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts ofpnor ordinances and resolutions in conflict herewith, arc hereby repealed to the extent of the conflict. Section 6. 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 7_ Severability. If any section, subsection, sentence, clause, phrase, word or City of WinlLT Sprinss Ordinance No. r.ce l~ of I? 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 porLions of tillS ordinance. Section 8. 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 Approved as to legal form and sufficiency for the City of Winter Springs only Anthony A. Garganese, City Attorne}' First Reading: Second Reading: Effective Date: F:\l..a",y~...\jclTh\Cily ufwint<r Sl"inllS\OrdlJ,.noO~\Afllond Ch.'l'tc:r 6 l'1a. Hldg <Ad~.wpd Cit)' of Winter Springs 0rdinltncc No. p"e~ 19 of 19 Sent 8y: BROWN,W~RDJSAlZMAN&WEISSJP.A.; 407 425 9596; NoV-16-0111:55AM; Page 2 COMMISSION AGENDA ITEM G Consent Informational Public Hearing x Regular November 26, 200 I Meeting ~ Mgr. / AU. / Dept. REQUEST: The Community Development Director and City Attorney present to the City Commission for a fim reading Ordinance No. 2001-57 that would amend Chapter 6 of the Winter Springs Code of Ordinances entitled Buildings and Building Regulations and repeal Chapter 8, in response to the implementation of the Florida Building Code, 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 uf a unified state-wide building code, which supercedes all local re!:,'1.llations and becomes automatically effective on January 1, 2002. As a result, the following Articles of the City Code need to be repeaJed and administrative amendments adopted, to facilitate the local enforcement of the Florida Building Code. Specifically repeal of Chapter 6, Article I In General; Article n Administration; Article HI, Building Construction Standards; Article IV, Electricity; Article V, Plumbing.; Article VI, Mechanical; Article IX, Swimming Pools; and Article X, Gas Code, and Chapter 8, entitled Flood Damage Prevention. APPLICABLE LAW AND PUBLIC POLICY: Chapter 553, Flonda Statutes providing for the adoption of a unified statewide building codc, and providing for local administrative and tcchnical amendments. Florida Building Code adopted under Page 1 of 2 t'lOU-16-2001 12: 05 407 425 9596 94}: P.02 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A. j 407 425 9596j Nov-16-0111:55AM; Page 3 CONSIDERA TIONS: Ordinance No. 2001-57 is necessitated by the implementation of the Florida Building Code which supercedes all local Building Codes. STAFF RECOMM.ENDA TION: The Community Development Director and City Attorney recommend a second reading, public hearing, and approval of Ordinance No. 2001-57. ATTACHMENT: Ordinance No. 2001-57 COMMISSION ACTION: F.\J)(~S'.Clly cJ W,n'.. ~roi.Jlgo\Agl>ncl.1\Florid.lJuildi", CoJc: 11.26-01 Mre.j~ Page 2 of 2 t.10l)-16-2001 12: 05 407 425 9596 94% P.03 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407425 9596; Nov-16-0111:55AMj Page 4 ORDiNANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF TllE eIlY OF WINTER SPRINGS, FLORIDA REPEALJNG CHAPTER 8 OF THE CIIT CODE, ENTITLED FI,OOD DAMAGE PREVENTION, IN ITS ENTIRETY AND AMENDING CHAPTER 6 OF THE CITY CODE, ENTITL.El> BUILDINGS AND BUILDING REGULATIONS BY PROVIDING FOR THE REPEAL OF ARTICLE I, IN GENERAL; ARTICLE 11, ADMINISTRATION; ARTICLE III, BUILDING CONSTRUCTION STANDARDS, ARTICLE IV, ELECTRICITY; ARTICLE V, PLUMBING; ARTICLE VI, MECHANICAL; ARTICLE lX, SWIMMING POOLS; AND ARTICLE X, GAS CODE AND THROUGH THE ADOPTION OF A NEW ARTICLE 1, TO CHAPTER 6 OF THE CODE OF ORDINANCES, ENTITLED ADMINISTRA TION, AMENDING TH.E FLORIDA BUll..DL~G CODE; PROVIDING FOR THE ADOPTION OF A CITY 'VIDE WIND SPEED AND LOCATION OFWlND SPEED LINES; PROVIDING FOR THE ADOPTION OF APPENDICES TO THE FLORIDA BU ILDING CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING .FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABll..JTV; 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 I, 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, struclures 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 alllul:al codes and automatically sunsets local regulations upon its effective date; and ?agc I of 19 t-lDU-1S-2001 12: 05 407 425 '3596 '34% P.04 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Nov-16-0111:56AM; Page 5 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 besl interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMJSSION Of' THE CITY OF WINTER SI'1UNGS 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. Repeal Code. The City of Winter Springs Code, Chapter 6, Article I, Tn General; Article II Administration; Article III, Ruilding Construction Standards; Article IV. F.lectricity; Article V. Plumbing; Article VI, Mechanical; Article IX, Swimming Pools; Article X, Gas Code, and Chapter 8 in its entirety are hereby repealed upon the effective date of the Florida Building Code, A copy of these articles has been attached as Compo5ite Exhibit "An for reference purposes Section 3. Code Amendment. The City of Winter Springs Code, Chapter 6 is hereby amended as follows: (underlined type indicates additions and ~rilceout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 6. It is intended that the text ill 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 BUlLDlNG REGULATIONS~ ARTrCLE I. ADMINISTRATION Sec. 6-1. Administrative Amendments to the Florida Ruildine Code. Chapter 1 of the Florida Building Code. as provided for in Section 5 S3. 73, Florida Statutes (2001), is hereby amended in the following respects: (The Section numbers in Italics Drovided below are for reference purooses only, and are included to provide ease of reference between this chaPter and the Florida Building Code.) .@) J 01.4. J 3 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 chaDter. 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 City of Winter Springs Ordinance No. Page 2 of 19 t,jOV-16-2001 12: 05 407 425 9596 94% P.05 Sent By: 8ROWN,WARD,SALZMAN&WEISS,P.A.j 407425 9596; Nov-16-0111:56AMj Page 6 inconsistent with this section. ill 101.4.13. 1 Generallv, 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 divi5ion. unless otherwise specifically Drovided. shall have the meanings prescribed by the Florida Statutes, rn 101.4.13.2 Text. In case ofanv difference of meaning or implication behveen the text of this chaPter and any fil2:ure. the text shall control. ill 101.4./3. 3 DeleeatioD of authority. Whenever a provision aDPears reauirin~ the building official or some other officer or employee of the City to do some act or perform such duty. it is to be construed to authorize the building official or other officer to desi~ate. dele!2:ate and authorize professional level subordinates to perform the required act or duty unJe!'i5 the terms of the provision or section soecify otherwise. ill 102.2 Buildinl?: 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 rcpon to the community development director. ill 102.2./ Buildin2 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 lhe approval of the city manager, may appoint or hire such number of officers. inspectors. plans examiners. and other assistant!; to the buildin~ official as are needed from time to time. orovided such person shall not be aODointed or hired as either an inspector or plans examiner unless that person meets the qualifications for licensure as an inspector or plans examiner as e~tablished in Chapter 5~3. Florida Statutes. (2001) as may be amended. ill 103.1 General powers and duties ofthe buildin2 Qfficial The building official is hereby authorized and directed to enforce the Drovisions 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 grder to clarify the application of provisions of both the Florida Building Code and this chapter. Such interoretations. 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 Buildin~ Code. ill 103.2 Right of entry. City of Winter Springs OrdilUl.nc e No. !'age.1 of 19 t'IOl)-16-2001 12: 05 407 425 9596 94% P.06 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596; Nov-16-0111:56AMj Page 7 (A) Buildin~ official or an authorized desi~nee 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 emergencit:s or exigent circumstances where extreme hazards are known to exist the building official may enter the building. strocture, or premis~s at any time. au When attempting to enter a building, structure or premises that is occuoied. the building official or authorized designee shall first identifY himself or herself. disolay prooer cr~gentials and reQuest entry. If the buildin~. structure. or orcmises are unoccuoied. the buildin~ official shall first make a reasonable effort to locate the o~ner or other persons having charge of the buildin~ and request entry. Tf entry is refused. or if the owner or other nersons havinR; charge of an unoccupied buildi ng 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 a.n inspection warrant. or obtained another remedy provided by law to secure entry. no person ~haJ1 fail. after proper credentials are displaycd,jQ promotly 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 oerson violat~ this section may be prosecuted within the limits of the law. ill 103.4 Revocation or permits The buildin~ official is authorized to suspend or revoke a permit issued under the provisions of this code Qr 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 reeulation or any provisions of the Florida Building Code or this chapter. Lil 103.4.1 Misrepresentation of apolication. The building official may revoke a oermit or approval. issued under the provi~ions of the Florida Building Code or this chapter, in case there has been any false statement or misrepresentalion as to the material fact in the application or plans on which the permit or approval was based. .Qll 103.4.2 Violation of Florida Buildiut!. Code provisions. The building official mav revoke a permit UDon determination by the building official that the construction, erection. alteration. reoair. movimt demolition. installation, or replacement of the building. structure, electrical. gas. mechanical or plumbing sys1ems for which the permit was issued is in violation of. or not in confonnity with. the provisions of the Florida Building Code or this chaoter. W 104. J. 6 Time limitations. ExceDt as otherwise provided in this chaoter. an application for a oermit 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 offilin~ for the Dermit. or plan approval. City or' Winter SPrUlg:l Ordinance No. Pag~ 4 nf 19 tJOl)-16-2001 12: 05 407 425 9596 94% P.07 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596; Nov-16-0111:57AMj Page 8 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 bui[diI1l~ official for the application, provided the extension is request in writing and justifiable cause is demonstrated, W 104.2.1.2 Additional data. The building official shall be allowed to reauire details. computations. stress dia~rams. and other data necessary to describe the construction or installa,tion and the basis of calculations. .ill 104.2.4 Site drawings. Drawings shall show the location of the oroDosed building or structure and of everv existin~ buildin.l:t or structure on the site or lot. The building official shall be Dermitted to reauire a boundary line survey orepared bv a qualified surveyor whenever th~ boundary lines cannot be readily determined in the field. (g) 104.2.5 Hazardous occupancies. The building official may require the foUowi1}g;. 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 adiacent 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 Buildine floor plan A building floor Dlan drawn to a legible scale. which shall include. but not be limited to. all hazardous materials stora~e facilities within the bujJdin~ and shall indicate rooms. doorways. corridors. exits. fire rated assemblies with their hourly ratin~. location ofliauid tight rooms. and evacuation routes. Each hazardous materials storage facility shall be identified on the plan with the hazard classes and Quantity ran~e per hazard class of the hazardous materials stored. DU 1U4.4.6 Public ri2ht of way. A permit shaH not he ~iven by the building official for the constmction of any buildinr;. 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 agpendages or proiections fronting on any street. aHev 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 ofwav permits from the authority having iurisdiction over the street. alley or public lane, ill /04.5.1 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. Everv oermit issued shall become invalid unless the work authorized bv such City of Wint\.'T Springs Ordinllncc No. I'agd of 19 rIOU-16-2001 12: 05 407 425 9596 94;~ P.08 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Nov-16-01 11 :57AM; Page 9 permit is commenced within six (6) months after the lime the work is commenced. Failure to obtain an aooroved inspection within one-hundred eighty (180) days of the previous approved inspection shall constitute suspension or abandonment. One or more e>."tcnsions of time. for periods not more than one-hundred eighty (180) days each. may he allowed by the building official for the oennit. provided the extension is requested in writin~ and justifiable cause is demonstrated prior to the expiration date. The buildinl! official shall record the extension of time granted. ill 104.5.1.5 Expiration of Demolition Permits. Permits issued for the demolition of a stmcture shall expire sixty (60) days from the date of issuance. For a justifiable cause. one (I ) 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 buildin.Rs" structures or alterations requiring a buildin2 permit. a fee shall be paid in accordance with the fee schedule adopted by resolution of the city comnusslon. ill 104.6.6 Building Dermit valuation. If. in the opinion of the building official. the valuation ofbuildinlt alteration. structure. electrical. gas. mechanical or plumbing systems apoears to be underestimated on the application. permit shall be denied. unless the applicant can show detailed estimates which meet the approval of the buildin~ official. Pern1it valuations shall include total cost. such as electrical. gas. mechanical. plumbing equipment and other systems. including matc:rials and labor. The permit valuation may be calc-ulated using the latest Buildine 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 buildine inSDections. Before issuing a permit. the building official may examine or cause to be examincd any building. electrical. gas. mechanical or plumbing systems for which an application has been received tor a permit to enlarge. alter. repair. move. demolish. install or change the occupancv. 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 violation!; of the technical codes. (cl 105.2 Manufacturers and fabricators. When deemed necessan' by the building official, the buildimz 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 even' such examination and inspection and of all violations of the technical codes, ,(Q) 105.3 Iospection servir;e. The buildin~ official may make or cause to be made, the inspections required by Section 105. of the Florida Building Code. The building official may accept reDons of department inspectors. independent inspectors or of recognized inspection City of Winter Springs Ordinance No. I'agp Ii...r 19 t-IOV-16-2001 12: 05 407 425 95'36 94% P.09 Sent 8y: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Nov-16-01 11: 5eAM; Page 10/22 services. provided that after invcsti${ation the building official is satisfied as to their licensure. Qualifications and reliability. A certificate reQuired by any PTO'\'ision of the Florida Buildinc Code shaH 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 bv the buildin~ official The building official shall ensure that all Rersons makin~ ~uch inspections shall be certified in accordance to Chapter 468. Florida Statutes. Uti 105.6 Required inspections. The building official uoon notification from the oennit holder or the permit holder's aRent shall make the following inspections. and shall either releas~ that portion of the construction or shall notify the permit holder or the permit holder's aRent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timinR and seQuencing of when inspection occur and what elements are inspected at each inspection. Buildin2 I. Foundation inspection: To be made after trenches are excavated and fonn~ erected and shall at a minimum include the following building components: . stem ~wall monolithic slab-on- urade piJin~Dile caps fo<)tershzrade beams 1.1. Slab Inspection: To be made after the reinforcement is in place. all concealed conduit. oipinJ;l;. 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 oassed, A foundation survey preoared and certified bv a. registered surveyor shall be required for all new construction Drior to approval of the framing inspection. The survey shall certify placement of the !:milding on the site. iJ!ustrate all surroundinJ;l; setback dimensions and shaH be available at the iob site for review by the building inspector. In lieu of providin~ a survey. the contractor may elect to uncover all oroperty line markers and string-up all property lines in preparation for inspecti on. 2. Framing inspection: To be made after the roof. all framing. fire-blocldn~ and bracinR is in place. all concealed wiring, City of Winter Springs Ordinance No. PAge 7 of 19 NDU-16-2001 12:05 407 425 95'36 94% P.W Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Nov.16.0111:58AM; 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 linteVtie beams framinf!.!tru$ses/bracinw' connecto rs draft stooping/fire-blocking curtain wall framing energy insulation accessibility . . 2.1, Insulation Inspection: To be made after the framin~ inspection is approved and the insulation is in place. 3. Sheathing insoection: To be madt: either as Part ofa dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shaH at a minimum include the following building components: . roof sheathing wall sheathing sheathing fasteners roofi'waIVdrv-in NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be removed and properly reinstalled prior to installation of the dry-in material. 4. Roofing insoection: To be made as two in~pections on tile. slate or similar roof coverings or as one inspection on all other roof coverings. and shall at a minimum include ~he following: building comoonents: dry-in i!:!iulation roof coverin~s fla,,,hinl$ 5. Final inspection: To be made after the building i~ completed and ready for ocCupancy. City of Winter Springs Ordinance No. Pac_II ot' 19 ~IOt)-16-2001 12: 05 407 425 9596 94% Page 11/22 P.ll Sent By: BAOWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Nov-16-01 11 :58AM; NDU-16-2001 12:05 6, Swimmin~ pool insoection: . Fir~t inspection to be made after excavation and installation of reinforcing ,$teeL bonding and main drain and Drior to Dlacin~ of concrete. Final inspection to be made when the swimming pool i~ complete and all required enclosure reauirem~nts 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 insoections: First inspection to be made after all utility connections have been disconnected an,d secured in such manner that no unsafe or unsanitary conditions shall exist during or after demolition o.nerations, o Final inspection to be made after all demolition work is completed. Electrical 1. Underground inspection: To be made after trenches or City of Winter Springs Ordinance No. Poge 9 of 19 41217 425 9596 94;~ Page 12/22 P.12 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Nov-16-01 11 :58AM; ditches are excavated. conduit and cable installed, and before any backfill is put in place. 2. Rou~h-ln inspection: To be made after the roof. fi'aminl:!;, CITe-blocking and bracinl'! is in place and Drior to the installation of wall or ceilim~ 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 occuoancy, PlumbiDl:! 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 insoection: To be made after the roof, framing. fire-blocking and bracing is in place and all soil. wasle and vent piping is complete. and prior to the installation of wall or ceiIin~ membranes. 3. Final inspection: To be made after the building is complete. all required plumbiruz fixtures are in place and properly connected, and the structure is ready for occupancy. Mechanical 1. Underground insoection: To be made after trenches or ditches are excavated. underground duct and fuel piping installed, and before any backfill is out in place. U,Q,l,Igh-In inspection: To be made after the roof. framing, fire-blocking and bracinl2: is in place and all ducting and other concealed components are complete. and prior to the installation of y,raIl or ceiling membranes. 3. Final inspection: To be made after the building is complete, the mechanical system is in place and pr('lDerlv connected, and the structure is readY for occuDancy. City of Winlcr Springs Onlirumce No. P'llelOof 19 t,IOl,)-16-2001 12:05 407 425 95% 94% Page 13/22 P.13 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596; Nov-16-0111:59AM; Page 14i22 Gas 1. Rou~h pioinJ;Z inspection: To be made after all new ~g is authorized by the permit has been installed. and before any such piping has been covered or concealed or any fixtures or gas aooliances have been connected. 2. Final piping insoection: To be made after all piping authori~ed by the vermit 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 ores sure test. 3. Final iosDection: 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 chanBe~. to insure compliance with all the requirements of this code and to assure that the installation and constmction of the ~as system is in accordance with reviewed plans. Site Debris 1, The contractor and/or owner of any active or inaqive con!;lruction proiect. shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles Drior to receiving final inspection apJJroval. Construction iob !lites must be kept clean. such that accuml,llation of construction debris must not remain on the prop~rty for a Deriod of time exceeding 14 days. 2. All debris shall be kept in su<.:h a manner as to orevent it from being spread bv anv means. (g) J 06.1. 2 lssuine Certificate of Occupancy. Upon completion of construction of a 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 oermits have received an approved final inspection where applicable. the building official shaH issue a Certificate of Occupancv stating the nature of the OCCUDancv oermitted. 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. !.d 107. J Testin2. For products not covered under the statewide product evaluation and City ofWinlc:r Springs Ordinance No. Pall" 11 or l!l HOl)-16-2001 12: 05 407 425 9596 94/:' P.14 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A. i 407 425 9596; NOV-16-0111:59AMj Page 15/22 approval system. the building official may require tests or test reports as proof of compliance. Reauired tests are to be made at the expense of owner. or his agent. bv an approved testing labora10rv or other approved agency. Lil 109.1 Violation! and Penalties. Anv person. firm. corporation or agent who shall violate a provision of the Florida Building Code or this chanter. or fail to comply with either. or with any of the requirements there. or who shall erect. construct. alter. install. demolish or move any structure. electrical. gas. mechanical or plumbing system. or has erected. con!;tnlcted. altered. repaired. moved or demolj~hed a building. structure. electrical. gas. mechanical or plumbing system. in violation of a detailed statement or drawinQ: submitted and Dermined there under. shall be guilty of a misdemeanor or the second de~ree. Each such person shall be considered Quilty of a separate offense for each and every dav or Dortion 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 bv law and local ordinance, ill / /0 Establishment or Construction Board of Adil,lstmeot and AODeals ill J /0. I Construction Board of Adiustment and Appeals. There is hereby established a board to be called the board of adiuslments and appeals. which. shall consist of five (5) members of the Winter Springs City Commission. The tenn of office for each of the five (5) seats which compri~e the board of adiustments 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 [he same manner in which commission seat vacancies are filled under the terms of the City Charter for the City of Winter SDrin~s as well as the Winter Springs Code of Ordinances. ill 110.3 .Powers. The Construction Board of Adiustment!-; and Appeals shall have the power. further defined in 110.4. to hear appeals of decisions and interpretations of the building official. ill 11 U. 4 Appeals. (A) 110.4. J Decision of the buil(tin2: official. The owner of a h\lilding:. structure or service system. or his duly authorized a~ent. may appeal a decision of the building official to the Construction Board of Adiustment 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 he used in the installation or alteration of a buildinQ, strocrure or service system. 2. The orovisions of this code do not apply to this specific case, City of Winll.T Springs Ordinance No. Pag<' 12 of 19 r.m,l-16-2001 12: 05 407 425 9596 94% P.15 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Nov-16-01 12:00PM; Page 16/22 3. That an equally good Or more desirablt: form of installation can be employed in any soecilk case. 4. The tl'1.le intent and meanin~ of this code or any of the regulations there under hllve been misconstrued or incorrectly intermeted. !ill. 110.4.3 Notice of appeal. Notice of appeal shall be in writing and tiled within 30 calendar days after the decision is rendered by the building official. Appeals relating to provisions of the Florida Buildim! Code. other than local amendments. may be appealed to the Florida BuildinlJ 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 Appeals shall. in ~very case. reach a decision without unreasonable or unnece~sarv delay. Each decision of the bo.ard shall also include the reasons for the decision. If a decision ofthc 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 decisiqn. Everv decision shall he promptly filed in writino: in the office ofthc building official and shall be open to public in~pection A certified COpy of Lhe 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. Everv decision of the board shall be final. subject however to such remedy as any aggrieved party might have at law or in equity, Sec. 6-2. Administrative Amendments to the Florida Buildin2 Code. ChaDter 2 of the flQrida Building Code. as orovided for in Section 553.73. Florida Statutes (200 n is hereby amended in the following respects: (The Section numbers in Italics provided below are for reference purposes only. and are included to orovide ease of reference between this chapter anti the Florida Building Code.) W 101.4.15 Word$ defined. A hando" or abandonment. (1) Termination of a construction. proiect by a contractor without iust 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 aporoved insoection within one hundred ei~hty (J 80) days from the previous inspection. Appraised value. For the purpose of this section, aopraised value is defined as either (I) one hundred and twenty (20) percent of the assessed value of the stnlcture as indicated bv the County Property Appraiser's Office or (2) the value as indicated in a certified appraisal [rom a certified appraiser. Asse.\'.\'ed value. The value of real prooerty and improv~ments thereon as established by City of Winter Springs Ordinance No. PI!:" 13 of 19 t.IOU-16-2001 12: 05 407 425 9596 94;~ P.16 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Nov-16-01 12:00PMj Page 17/22 the County Prooertv Appraiser. Authorized a2ent. A person specifically authorized by the holder of a certificate of competency to obtain permits in his stead. Haste Wind Speed l.ine. 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. Hoard The approoriate City or County Board of Adiustment and Appeals. unless othernise specifically stated. Hui/dim! component. An element or assembly of elements integral to or part of a building. Building shell. The structural components that completelv enclose a building. including. but not limited to. the foundation. structural frame. floor slabs. exterior walls or roof system. But/dine $Vstem. A functionally related group of elements. components and/or equipment. such as the electricaL plumhing and mechanical systems of a bllildin,g. l..errification. The act or process of obtaining a certificate of competency from the state or:_municiDalitv through the review of the applicant's experience and financial responsibility as well as successful passage of an examination. CerJif/cate of comnefenC\l (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 Ilpplicant has satisfied the work experience requirements for a certificate of competency. Certificate of occupancy rc 0.;, An official document evidencing that a building satisfies the requirements of the iurisdiction for the occupancy of a building. Certified contractor. Anv contractor who possesses a certificate of competency issued by the Departmen.t of Professional Regulation of the State of Florida. C..hanf!e of occupancy. A chanl~e from one Building Code occupancy classification or subclassification to another. Commercial huilding. Anv building. structure. imorovement or accessory thereto. other than 11 onc- or two- family dwelling. rumulative construction cost. The sum total of costs associated with any construction City ofWintcr Springs Ordinance No. Page 140f 19 t-O)-16-2001 12: 05 407 425 9596 94% P.l? Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Nov-16-01 12:00PM; Page 18/22 work done to a building or structure either at one (1) time or a different times ,'lithin a snecified period of time. Demolition. The act of razing. dismantling or removal of a building or structure, o~ portion thereof. to the ground level. Examination. An exam prepared. proctoreo. and graded bva recognized testing agency unless otherwise implied in context or specifically stated otherwise, Fe/LB. The Florida Construction Industry Licen:;inu 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 bv the wind. or otherwise detach or move. and in doing so cause phvsical iniury or damage to a person on the property or to 3..J)erson or prooerty ncarby: Or The condition of the property is such that it harbors or is inhabited by pests. vennin, 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 ins.Qection of a particular oroperty named in the warrant. Intensification of lIse. An increase in capacity or number of units of a residential or commercial building. Tl11erior finish. The preoaration of interior spaces of a commercial building for the first occupancy thereof Ucensed 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 a~enr. 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 rej.,,'lIJated bv this chapter. Permit card or placard A document issued bv the iurisdiction evidencing the issuance of a permit and recording of insoections. City of Winter Springll Ordinance No. Page IS of 19 tIOl}-16-2881 12: 85 4137 425 9596 94% P.18 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596j Nov-16-01 12:01PM; Page 19/22 Oualifyin~ a~ent. primary. A person who p'ossesses the requisite skill. knowledge, ~~p~rience and certificate of competenCy, and has the resoonsibilitx to supervise. direct, manage. and control the contractimz 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 foJ' which he has obtained a permit: and whose technical and personal Qualifications have been determined by investi~ation and examination and is evidenced by his possession of a certificate or competency. QuahfvinJ! aJ!enl, 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 whos~ technical and oersonal qualifications have been determined by investi~ation and examination and is evidenced by his possession of a certificate of competency. Reciprocitv. To accept a verified affidavit from any municipality or county of the State of Florida that the applicant has satisfactorily c.ompleted a written examination in its iurisdiction equal in content with the examination required by this chaDter. Registered contractor. A contractor who has registered with the Department of Professional Re~ulation of the State of Florida pursuant to fulfilling the competency requirements of the local iurisdiction. Regi.).tration. The act or process ofregisterin,g a locally obtained certificate of competency with the state. or the act or Ofocess of registering a state issued certificate of competency with the municipality. Remodeling. Work which chan~e!> the original size. configuration or material of the components of a building. Residential bui!dinf!. Anv one- or two-family building; or acc;essory R()(Jfjn~. The installation of foof coverin~s. Spa. Any constructed or Drefabricated pool containing water iets. &ecialfy contractor. A contractor whose services do not fall with the categories wecified in Section 489.105(3), Florida Statutes. as amended. State of construction: (I) Sile: The ohysical clearing of the site in preparation for foundation work includin~, but not limited to. site clearing, excavation. dewatering!!. pilinp;s and soil testing activities, City of Wiuter Springs Ordinance No. l"~e 16 of l!l ~'IOl)-16- 2001 12 : 05 407 425 9596 94i-: P.19 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Nov-16-01 12:01PMj (2) Ruilding. The removal, disassembly. repair, replacement, structure, building sy~!em or building components in whole or parts thereof Sto/) 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. Structural comoonent. Any oart of a sYstem.. buildin~ or structure. load bearim;~ or non- load bearing. which is inte~al to the structural integrity thereof. including but not limited to wal1s, Dartition!!. columns. beams and lrirders. Structural work or alteration. The installation or assembling of new structural comDonents into a system. building or structure. Also, any change, repair or replacement of any cxistin~ structural comoonent of a system. building or structure. Substantial completion. Where the construction work has been sufficiently completed in accordance with the aoolicable 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. 6-3. Establisbini the location ofloeal wind speed line..s. Section 1606.1.6 of the I'lorida Building Code requires the exact locations of wind speed lines to be established by local ordinance using rec-02nized ohvsicallandmarks such as maior roads. canals. river~ and lake shores, wherever possible. The City Commission adoPts the followinp; locations: W [Info to supplied by Building Official] i..!il The wind speed for the City of Winter Springs within the above described boundaries is 120 MPH. Sec. 6-4. Administrative Amendments to the Florida BuiJdine Code. Section 3109 _Q[ the Florida }3uilding Code. as provided for in Section 551.73, Florida Statutes (2001), is hereby amended in the following respects: (The Section numbers in Italics provided below are for reference Durposes only, and are included to orovide ease of reference between this chapt~r and the Florida Building Code) W 3109./.5 Egtablishio2 the area of special flood hazard. The areas of special flood hazard as identified by the federal insurance administrator in a scientific and engineering TeDort entitled "The Flood Insurance Study for the City of Winter Springs, Florida." dated March lQ" 198 L with accompanyin~ flOOd boundary and floodwav map and flood insurance rate maD are hereby adopted by reference and declared to a part of this chapter, City of Winter Sl)ring~ Ordiruull:.t: No, Pagc 17 of 19 r-JOl)-16-2001 12: 05 407 425 9596 94% Page 20/22 P.20 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Nov-16-01 12:01PMj Page 21/22 ill 3109.7.1.1 Location of the lowest structural member. The lowest horizontal structural members of the lowest floor. includin~ Qasements. but excluding footings. pilings. columns. pile caps. non structural slabs, bracinl1; and grade beams. shall be elevated at or above the base flood elevation in the following types of buildings: .L Residential buildings including manufactured homes. 2. All other OCcupancy buildinl1;s. exceot that buildings in this category need not meet this requirement if the building and its utility and sanitary facilities are floodproofed to or above the base flood elevation in accordance with the floodproofing pro\~sions of 3109.10. See 6.5 AdoDtion of Florida Buildin~ Code ADpcndiccs. Apoendices D, E. F. and H of the Florida Building Code are hereby adODted by reference, Sec~. 6-6 -- 6-30. Rescn-'ed. . '" "" ARTICLE VII. UNSAFE BUILDINGS Sec. 6-165. Standard Unsafe Building Abatement Code adopted. The city hereby adopts in its entirety that certain code kno\vn as the Standard Unsafe Building Abatement Code, 1997 t98-5- Edition, as promulgated by the Southern Building Code CongTCSS International, Inc., subiect to all amendments. modifications or deletions hereinafter enacted ~A\.o~pt as Otll\.-I w;s.. Pi ovided ill t1,is all tide. * * lie Section 4. 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 tor public inspection immediately upon adoption, Section 5. 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 exlent of the conflict. Section 6. 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 7. Severability. If any section, subsection, sentence, clause, phrase, word or CityofWinlt.:r Spring~ Ordinance No. r.gc l~ of I? rlOl)-16-2001 12: 05 407 425 9595 94% P.21 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Nov-16-01 12:02PMj Page 22/22 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 8. 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 , 200 I. PAUL P. PARTYKA Mayor A TTF..ST: ANDREA LORENZO-LUACES City Clerk 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: F:\1Alwy~"f\j.ITh\Cily of Wintc:r Sl'rin8$\Ordinlll1mIAmcnd CMplC' (, Fla. !-lldg C<'ld.J,wpd City ofWintcr SpringE: Ordinance No. Pnge 19 of I':> t.jOl)-16-2001 12: 05 407 425 9596 94% P.22 Date: November 26, 2001 The following Document was handed out by Dennis Franklin on 11/26/01 during Public Hearings Agenda Item "G". ~. State of Florida Wind-Borne Debris Region ....... 140 , , , .Wind-borne Debris;-Region, (120 mph and above) ASCE 7.98 Wind Zones _150-159 mph _140-149 mph ':;',',,"' 1130-139 mph Hurricane winds Category 5 (Mitch) Category 4 (Andrew) Category 4 (Opal) ,".c.t..,. 1 mile of coast (Panhandle Protection Provision) 1120-129 mph Category 3 (Fran) I . . . . 1 mile of coast (Panhandle Protection 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. \ \ I , - -- " ~(){\\~ .'" .. . ~ .., 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, Website: http://www.dca.state.fl.us Governor, Jeb Bush; Commission Chair, Raul L. Rodriguez, AlA; Secrelary, 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 lIa Jones. Program Administrator; Writer/Designer: Elizabeth Woodsmall, OMC II. , Printed on Recycled Paper @ June 2000 \ ~.. t State of Florida. Wind-Borne Debris Region ....... - 140 , , , ..Wind~b()tne>lDebris ::Region. (120 mph and above) ASCE 7-98 Wind Zones Hurricane winds _ 150-159 mph Category 5 (Mitch) _ 140-149 mph Category 4 (Andrew) 130-139 mph Category 4 (Opal) ,..<.=-=- 1 mile of roast (Panhandle Protection Provision) 1120-129 mph Category 3 (Fran) I . . . . 1 mile of roast (Panhandle Protection 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. I I -- ~()l\\~ ."17' Published by: o. . <:P Florida Department of Community AHairs and the Florida Building Commission 2555 Shumard Oak Boulevard, Tallahassee. Florida 32399-2100 Toll Free 877-FLA-DCA2, Website: http://www.dca.state.fl.us Governor, Jeb Bush; Commission Chair, Rau/ L. Rodriguez, A/A; Secretary, 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 lIa Jones, Program Administrator; Writer/Designer: Elizabeth Woodsmall, OMC II. Printed on Recycted Paper @ June 2000 ( ( . State of Florida. Wind-Borne Debris Region - \. \ \ \ I I '-- 140 , " " Wi.tld~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) ~~~~~~r~' 130-139 mph Category 4 (Opal) ....aca=a 1 mile of coast (Panhandle Protection Provision) 1120-129 mph Category 3 (Fran) I a a a . 1 mile of coast (Panhandle Protection 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. - -- . 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, Website: http://www.dca.state.fl.us Governor, Jeb Bush; Commission Chair, Raul L. Rodriguez, AlA; Secretary, 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 Ila Jones, Program Administrator: Writer/Designer: Elizabeth Woodsmall. OMC II. Printed on Recycled Paper @ June 2000 " \l-()(\\~ ." .0 . <II>