HomeMy WebLinkAbout2004 12 13 Informational Item 304
COMMISSION AGENDA
ITEM 304
CONSENT
INFORMATIONAL X
PUBLIC HEARING
REGULAR
December 13, 2004
Meeting
MGR ~ IDEPT //r-
Authorization
REQUEST: Community Development Department Providing the City Commission a
Sample Ordinance from the City of Winter Garden pertaining to Upgrading
the Building Code as it relates to Masonry Wall waterproofing.
PURPOSE: The purpose of this Board item is to respond to the City Commission request
relative to improving the Building code requirements for waterproofing masonry
walls.
CONSIDERA TIONS:
The City Commission has requested staff to address Building Code improvements
for waterproofing masonry walls in light of the considerable damages incurred to residents
of Central Florida this past hurricane season. Attached is an ordinance prepared by the
City of Winter Garden which will use as a template. Building Department staffis
reviewing the ordinance for any additional enhancements which may be needed. A
recommended ordinance will be provided to the City Attorney's for their review. The
ordinance is expected to be before the City Commission in January 2005.
ATTACHMENTS:
1. City of Winter Garden Ordinance
COMMISSION ACTION:
11-11-'~ 12:~3 FROM-Gity WG Bldg Dept
4076560839
T-166 P001/002 U-852
ORDINANCE NO. 04-77
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER GARDEN, FLORIDA, AMENDING
SECTION 18.s7 OF THE WINTER GARDEN CODE OF
ORDINANCES REI.A TlNG . TO AMENDMENTS TO THE
BUILDING CODE BY CREATING SUBSECTION (e);
PROVIDING FOR THE SURFACE TREATMENT OF
MASONRY WALLS AND STRUCTURES; PROVIDING
FOR SEVERABILITY, CODIFICATION, TRANSMITTAL TO
THE FLORIDA BUILDING COMMISSION, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission finds, ba~d upon a review of local conditions, that
there is a need to strengthen the requirements of the Florida Building Code as it relates to
masonry; and
WHEREAS, due to driving, local, torrential rains, prolonged rainy periods or other
inclement weather there Is a local need to provide for the surface treatment of masonry walls
and structures with waterproofing materials or sealants; and
WHEREAS, the amendment provided for herein is no more stringent than necessary to
address the foregoing local need nor are the additional requirements discriminatory against any
materials, products, or construction techniques of demonstrated capabilities; and
WHEREAS, the fiscal impact to provide such surface treatment of masonry walls and
structures is much less than water damage in finished buildings if omitted; and
WHEREAS, after public notice and due consideration of public comment; the City
Commission of the City of Winter Garden hereby finds and declares the adoption of this
Ordinance is necessary and appropriate to advance and serve the health, safety and general
welfare of the citizens of Winter Garden, Florida; now, therefore,
BE IT ENACTED by the City of Winter Garden, Florida as follows:
SECTION 1. Authority.. The City Commission of the City of Winter Garden has the authority to
adopt this Ordinance pursuant to Chapter 166, Florida Statutes.
SECTION 2. The City of Winter Garden hereby amends Section 18-57 of the Winter Garden
Code of Ordinances by adding subsection (e) as follows (words that are stRaiteR out are
deletions; words Ihat are underiined are additions):
(e) Chapter 21 of the Buildina Code is amended to add the following:
Section 2111.6. Surface treatment of masonry walls and structures. All
exterior masonry walls and structures shall be coated or otherwise treated
with a wateroroofinQ material or sealant a~proved by the buildino official
prior to the application of anv other coatinQ or surface material. includina
but not limited to any type of veneer. Such wateroroofina material or
lIealant shall extend onto the footine or mono-slab to a depth of at least
six (6) inches below erede. .
SECTION 3. Severability. Should any part, including but not limited to any section, subsection,
sentence, phrase or portion of this Ordinance be held invalid or unconstitutional by the final
decision of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining part of this Ordinance, and to this end the provisions of this Ordinance are declared
severable. The City COmmission declares that it would have adopted this Ordinance and each
part, thereof, despite the fact that anyone or more part or portion of this Ordinance would be
declared invalid or unconstitutional.
SECTION 4. Codification. It is Ihe intention of the City Commission of the City that the provisions
of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and
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4076560839
T-166 P002/002 U-852
that Sections of this Ordinance may be renumbered or relettered and the word 'Ordinance" may
be changed to .Chapter," "Section," "Article" or such other appropriate word or phrase in order to
accomplish such intention; and regardless of such Inclusion in the code Is accomplished, Sections
of this Ordinance may be renumbered or relettered and the correction of typographical errors
which do not affect the Intent may be authorized by the City Manager, without need of public
hearing, by filing a corrected or recodified copy of same with the City Clerk:.
SECTION 5. Transmittal of New Chapter. The City Clerk: is hereby directed to transmit a
certified copy of this Ordinance to the Florida Building CommISSIon within thirty (30) days of
enactment thereof. In lieu thereof, an electronic COpy of this Ordinance shall be transmitted via
electronic mall to the Florida Building Commission at its internet web site, located at
www.floridabuilding.org.
SECTION 6. This Ordinance shall become effective thirty (30) days after receipt and publication
of the amendment provided for herein by the Florida Building Commission.
READ FIRST TIME:
.2004.
READ SECOND TIME AND PUBLIC HEARING HELD:
,2004.
APPROVED:
ATTEST:
JACK QUESINBERRY, Mayor/Commissioner
KATHY GOLDEN, City Clerk:
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