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HomeMy WebLinkAbout2012 09 11 Public Hearing 500 Ordinance 2012-15, Chapter 6 Update PLANNING & ZONING BOARD AGENDA ITEM 500 Information Public Hearing X Regular September 11, 2012 Regular Meeting REQUEST: The Community Development Department — Planning Division requests that the Planning and Zoning Board hold a public hearing to consider Ordinance 2012-15, the update of Chapter 6, Code of Ordinances, Buildings and Building Regulation. SYNOPSIS: Chapter 6 has provisions dating back to 1974. This chapter is referenced by Planning and Building staff on a daily basis as it details the construction of fences,screen porches,swimming pools, and accessory buildings, in addition to many other important elements. The vast majority of the provisions contained within this chapter are out-of-date, unenforceable, superseded by current state and/or federal law, and are generally difficult to interpret. Staff undertook the task of the update in order to make it easier to understand and interpret for staff, contractors, and the citizens. APPLICABLE LAW, PUBLIC POLICY,AND EVENTS Florida Statutes 163.2511-163.3246 : (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. City of Winter Springs Comprehensive Plan Winter Springs Code of Ordinances, Chapter 6, Buildings and Building Regulation CONSIDERATIONS: For some time, an update of Chapter 6 was necessary. There are many provisions of this chapter that are currently obsolete,and superseded by the Florida Building Code, the International Property Maintenance Code,and federal law such as the Telecommunications Act of 1996. Moreover, there are provisions of this chapter such as the accessory building and fence sections that and are generally difficult to interpret. Staff has prepared Ordinance 2012-15, which details major changes to Chapter 6. September 11,2012 Planning&Zoning Board,Item 500 Page 2 of 4 A breakdown of the updates to the code are as follows: • Section 6-1 —Purpose.Language has been added that relates the chapter to the Florida Building Code. • Section 6-5 is now titled "Authority of Building Official to stop work if contrary to public welfare."Building Inspector has been changed to Building Official as this is the City official responsible per Florida law to perform any plan review or inspection for which certification is required by Florida law. • Section 6-6 - Obsolete language has been stricken from this section. • Section 6-31 — Replaces outdated language from the 2001 Florida Building Code that was previously referenced with language from the most recently adopted version of the Florida Building Code. • Section 6-32—Definition of Building Official has been provided in this section. • Section 6-33 is now titled "Local wind speed design criteria." Seminole County wind speed category maps per the Florida Building Code are now provided. • Section 6-81 is now titled"Florida Building Code adopted."This section repeals the Standard Building Code, Standard Existing Building Code, Standard Housing Code and One and Two Family Dwelling Code and adopts the Florida Building Code since the aforementioned codes are no longer in use. • Section 6-82—Amendment to building code. This section is repealed. • Section 6-83—Television dish antennas.Defers to the Telecommunications Act of 1996 which does not require building permits for television dish antennas measuring less than one (1) meter (39.37-inches) in diameter. The Telecommunications Act of 1996 is federal law and supersedes local law. The current language in this provision of the code has not changed since 1974,and refers to large satellite dishes,not the modern"dish"units that are currently installed by telecommunication companies on residential properties. The current language requires homeowners to obtain building permits for all television dish antennas.The City cannot require homeowners to obtain building permits for satellite dishes under one(1)meter in diameter as this is in violation of the Telecommunications Act of 1996. • Section 6-84 —Accessory Buildings. Clarifying language has been provided, specifically in regards to breezeways.Under the current code, accessory buildings are treated as additions to the primary structure and can exceed the maximum allowable size of 240-square feet provided they are connected to the primary structure via a breezeway. There is no maximum length of the breezeway noted in the current code. Staff has clarified this section by incorporating language that states the breezeway cannot exceed 35-feet in length. September 11,2012 Planning&Zoning Board,Item 500 Page 3 of 4 • Section 6-85 — Accessory dwelling units. Language has been added defining an accessory dwelling unit. • Section 6-86 is now titled"Screen Enclosures/rooms."A definition of screen room has been added that defines these rooms consisting of all screen mesh, and those with roofs of insect screening, plastic, aluminum or similar lightweight material. The current code only permits screen rooms with all screening,inclusive of the roof. Screen rooms with solid roofs are treated as an addition to the primary structure,and are required to maintain the same rear yard setback as the primary structure. This provision of the code in many cases has prevented citizens from constructing screen rooms in their rear yards.In performing research for this code update,staff cannot determine a logical reason behind the current code requirement. Staff has revised this portion of the code to permit screen rooms with solid roofs to be constructed in the same manner as screen rooms with screen mesh roofs,and recommends permitting all screen rooms to be constructed to within seven (7) feet of the rear property line. • Articles V,Plumbing;VI,Mechanical;VII,Unsafe Buildings;X,Gas Code; and XI Reserved have been stricken.Articles V,VI,VII,and X have been incorporated into Article IV,which is now titled"Electrical, Plumbing, Mechanical & Gas." • Article V is now titled "Fences, Walls, Hedges." • Section 6-191 is now titled"Corner lots." This section has been revised to clarify how fences should be permitted when constructed on corner lots, and lots adjacent to street intersections. The current language dates to 1974 and is difficult for staff,fence contractors, and citizens to understand. • Section 6-210 is now titled"Florida Building Code."This section has been revised to ensure swimming pools are constructed in accordance with the requirements of the Florida Building Code. The current language adopts the Standard Swimming Pool Code of 1985 as promulgated by the Southern Building Code Congress International, Inc., which is no longer in use. • Section 6-212 has been revised to include up-to-date language and strikes out-of-date, irrelevant language. • Section 6-213 has been revised to include up-to-date language and strikes out-of-date, irrelevant language. • Section 6-220 is now titled "Pool removal." In the event a swimming pool is removed, this section requires the site to be restored to its original grade. FISCAL IMPACT: There is no fiscal impact associated with the adoption of this Ordinance. COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board members and are available on the City's Website, LaserFiche, and the City's Server. September 11,2012 Planning&Zoning Board,Item 500 Page 4 of 4 The Agenda has been forwarded to the Mayor and City Commission; City Manager; and City Attorney/Staff. Additionally, the Meeting Agenda has been sent to media/press representatives, all Homeowner's Associations on file with the City, all individuals who have requested Agenda information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Board forward a recommendation of approval to the City Commission for Ordinance 2012-15,the update of Chapter 6,Code of Ordinances,Buildings and Building Regulation. ATTACHMENTS: A. Ordinance 2012-15 Attachment "A" ORDINANCE NO. 2012-1 5 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 553.80,Florida Statutes,requires the City to enforce the provisions of the Florida Building Code on all public or private buildings, structures, and facilities; and WHEREAS,the Florida Building Code is intended to provide a mechanism for the uniform adoption, updating, amendment, interpretation, and enforcement of a single unified state building code consisting of a single set of documents that apply to the design, construction, erection, alteration, modification,repair, or demolition of public or private buildings, structures or facilities in Florida and to the enforcement of such requirements; and WHEREAS, the Florida Building Code is also intended to allow effective and reasonable protection for public safety, health, and general welfare for all the people of Florida at the most reasonable cost to the consumer; and WHEREAS, the International Property Maintenance Code is intended to ensure public health,safety and welfare in so far as they are affected by the continued occupancy and maintenance of structures and premises; and WHEREAS, Chapter 6 of the Winter Springs City Code, entitled"Buildings and Building Regulation," expressly adopts the Florida Building Code and the 2006 International Property Maintenance Code by reference,and also includes additional regulations applicable to fences,walls and hedges; swimming pools; and unlicensed contractors; and WHEREAS, the City desires to comprehensively revise and update certain portions of Chapter 6 in order to incorporate the latest version of the Florida Building Code into the City Code and to repeal outdated regulations that are either superceded or already regulated by the Florida Building Code or the International Property Maintenance Code; and WHEREAS, the City additionally desires to adopt updated local amendments to the City of Winter Springs Ordinance No. 2012- Page 1 of 52 administrative provisions of the Florida Building Code pursuant to its authority under section 553.73(4)(a), Florida Statutes; and WHEREAS, the City Commission of the City of Winter Springs,Florida,hereby finds this ordinance to be in the best interests of the public health, safety,and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code of Ordinances,Chapter 6, Buildings and Building Regulation, is hereby amended as follows (underlined type indicates additions and strikcout type indicates deletions,while asterisks(* * *) indicate a deletion from the Ordinance of text existing in Chapter 6. It is intended that the text in Chapter 6 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): CHAPTER 6. BUILDINGS AND BUILDING REGULATION ARTICLE I. IN GENERAL Sec. 6-1. -Purpose. The purpose of this chapter is to provide certain minimum standards and requirements in all matters relating to buildings and structures and the uses thereof and to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment. * * * Sec. 6-5. -Authority of building inspector official to stop work if contrary to public welfare. Whenever in the opinion of the building inspcctor official,by reason of defective or illegal work in violation of a provision or requirement of this chapter, the continuance of a building operation is contrary to the public welfare, he may order in writing that all further work be stopped and may require suspension of work until the condition in violation has been remedied. City of Winter Springs Ordinance No. 2012- Page 2 of 52 Sec. 6-6. -Energy efficiency code adopted. (a) The Florida Energy Efficiency Code for Building Construction is hereby adopted by reference as the Winter Springs Energy Efficiency Building Code for use within the city. (b) -- - - „' ;' ;; : . . • . . . adoption of resolutions. (c) The energy efficiency building code is on file and available for public inspection in the building department of the city. ARTICLE II. ADMINISTRATION DIVISION 1. GENERALLY Sec. 6-31. -Administrative amendments to Chapter 1 of the Florida Building Code. Chapter 1 of the Florida Building Code, as provided for in Section 553.73,Florida Statutes (2001),is hereby amended in the following respects:(The section numbers in italics provided below are for reference purposes only, and are included to provide ease of reference between this chapter and the Florida Building Code. Further,certain portions of Chapter 1 of the Florida Building Code unaffected by these local amendments are omitted from this section 6-31 altogether and/or indicated by ellipses (* * * ). Those sections of Chapter 1 of the Florida Building Code omitted from this section 6-31 and/or indicated by an ellipses shall remain in full force and effect as set forth in the Florida Building Code.) 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exception: 1. Detached one- and two-family dwellings and multiple single-family dwellings(townhouses)not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Florida Building Code, Residential. 2. Existing buildings undergoing repair, alterations or additions and change of occupancy shall comply with Florida Building Code, Existing. City of Winter Springs Ordinance No. 2012- Page 3 of 52 101.2.1 Appendices.Provisions in the appendices shall not apply unless specifically adopted. The City of Winter Springs hereby adopts Appendix F, Rodent Proofing. 101.2.2 Florida Building Code,Residential Construction standards or practices which are not covered by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code, Building. 101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. 101.3.2 Warranty and Liability. The permitting,plan review or inspection of any building, system or plan by this jurisdiction,under the requirements of this code,shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. The city shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building,system or plan,nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. 101.4.4 Property maintenance. The provisions of the International Property Maintenance Code,2006,as adopted by Article VIII of this Chapter, shall apply to existing structures and premises; equipment and facilities; light,ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures. 102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in Chapter 34 of the Florida Building Code. The following buildings,structures and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: Building and structures specifically regulated and preempted by the federal government. Railroads and ancillary facilities associated with the railroad. Nonresidential farm buildings on farms. Temporary buildings or sheds used exclusively for construction purposes. City of Winter Springs Ordinance No. 2012- Page 4 of 52 Mobile or modular structures used as temporary offices, except that the provisions of Part II(Section 553.501-553.513, Florida Statutes)relating to accessibility by persons with disabilities shall apply to such mobile or modular structures. Permits shall be required for structural support and tie down,electric supply and all other such utility connections to such mobile or modular structures as required by the City. fD Those structures or facilities of electric utilities,as defined in Section 366.02, Florida Statutes,which are directly involved in the generation,transmission, or distribution of electricity. g) Temporary sets,assemblies,or structures used in commercial motion picture or television production, or any sound-recording equipment used in such production, on or off the premises. Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. ID Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. j) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. 102.5 Partial invalidity. In the event that any part or provision of the Florida Building Code is held to be illegal or void,this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change,except as is specifically covered in this code,the International Property Maintenance Code,2006,or the Florida Fire Prevention Code,or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. 103.1 Building Division. There is hereby established a division of the Community Development Department called the Building Division. The Building Division shall be led by the building official, who in turn will report to the community development director. City of Winter Springs Ordinance No. 2012- Page 5 of 52 103.2 Building Official. The building official shall be hired or appointed by the community development director, with the approval of the city manager, and shall be licensed in accordance with Chapter 553, Florida Statutes, as may be amended, as a Building Code Administrator by the State of Florida. 103.3 Building Division Employees. The community development director, with the approval of the city manager,may appoint or hire such number of officers,inspectors,plans examiners, and other assistants to the building official as are needed from time to time, provided such person shall not be appointed or hired as either an inspector or plans examiner unless that person meets the qualifications for licensure as an inspector or plans examiner as established in Chapter 553, Florida Statutes, as may be amended. 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code.The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the city manager. 104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe,dangerous or hazardous,the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform City of Winter Springs Ordinance No. 2012- Page 6 of 52 the duties imposed by this code,provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused,the building official shall have recourse to the remedies provided by law to secure entry. 104.7 Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records pursuant to Chapter 119, Florida Statutes. 104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code,while acting for the city in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the city until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative,provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety. 104.12 Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or the other technical codes, shall be determined by the building official. 105.2.2 Minor Repairs. Ordinary minor repairs or installation of replacement parts may be made with the prior approval of the building official without a permit,provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or City of Winter Springs Ordinance No. 2012- Page 7 of 52 cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe,water supply,sewer,drainage,drain leader,gas,soil,waste,vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety,and such repairs shall not violate any of the provisions of the technical codes. 105.2.3 Public service agencies.A permit shall not be required for the installation,alteration or repair of generation,transmission,distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. 105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair, or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes: 1. Any electrical or plumbing or air-conditioning and refrigeration system meeting the following thresholds are required to be designed by a Florida Registered Engineer. The system: 1. Requires an electrical or plumbing or air-conditioning and refrigeration system with a value of over $125,000; and 2.a. Requires an aggregate service capacity of over 600 amperes (240 volts) on a residential electrical system or over 800 amperes (240 volts) on a commercial or industrial electrical system; NOTE:It was further clarified by the Commission that the limiting factor of 240 volt or over is required to be designed by an Engineer. b. Requires a plumbing system with 250 fixture units or more; c. Requires a heating, ventilation, and air-conditioning system that exceeds a 15-ton-per-system capacity, or if the project is designed to accommodate over 100 persons. NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and$125,000 apply to the building occupancy load and the cost for the total air-conditioning system of the building. 2. Fire sprinkler documents for any new building or addition which includes a City of Winter Springs Ordinance No. 2012- Page 8 of 52 fire sprinkler system which contains 50 or more sprinkler heads.A Contractor I, Contractor II, or Contractor W, certified under Section 633.521 Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 3. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam,vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed,dated,and stamped such document as provided in Section 471.025, Florida Statutes. 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned becoming null and void 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. 105.3.8 Public right of way. A permit shall not be given by the building official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placing on any lot or premises of any building or structure removed from another lot or premises,unless the applicant has received a right of way permit from the authority having jurisdiction over the street, alley or public lane. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced.The building official is authorized to grant,in writing, one or more extensions of time,for periods not more than 180 days each.The extension shall be requested in writing and justifiable cause demonstrated. 105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect,inaccurate or incomplete information,or in violation of any ordinance or regulation or any of the provisions of this code. City of Winter Springs Ordinance No. 2012- Page 9 of 52 107.1 General. Submittal documents consisting of construction documents, statement of special inspections,geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by Chapter 471, Florida Statutes& 61G15 Florida Administrative Code or Chapter 481,Florida Statutes&61G1 Florida Administrative Code. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. 107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. Such drawings and specifications shall contain information,in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the technical codes. Such information shall be specific,and the technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design. (see also Section 107.3.5). 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location,construction,size and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Groups R-2,R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing,intersections with dissimilar materials,corners,end details,control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings. The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope.The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. 107.2.5 Site plan.The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and,as applicable,flood hazard areas,floodways,and design flood City of Winter Springs Ordinance No. 2012- Page 10 of 52 elevations; and it shall be drawn in accordance with an accurate boundary line survey.In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. 107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. Exceptions: 1. Building plans approved pursuant to Section 553.77(5),Florida Statutes, and state- approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly(including utility crossover connections) and construction at the site are subject to local permitting and inspections. Photocopies of plans approved according to section 9B-1.009,F.A.C.,shall be sufficient for local permit application documents of record for the modular building portion of the permitted project. 2. Industrial construction on sites where design, construction and fire safety are supervised by appropriate licensed design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt, subject to approval of the building official, from review of plans and inspections,providing the appropriate licensed design and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire-safety inspectors. 107.3.3 Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. 107.3.4 Design professional in responsible charge 107.3.4.1 General. When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require,the City of Winter Springs Ordinance No. 2012- Page 11 of 52 owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge.The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. 107.3.4.2 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. 107.3.5 Minimum plan review criteria for buildings. The examination of the documents by the building official shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; all fenestration penetrations; flashing; and rough opening dimensions; and all exterior elevations: Residential(one- and two-family): 7. Structural requirements shall include: Wall section from foundation through roof, including assembly and materials connector tables wind requirements structural calculations (if required) Termite protection Design protection Design loads Wind requirements Building envelope Structural calculations (if required) Foundation Wall systems Floor systems Roof systems City of Winter Springs Ordinance No. 2012- Page 12 of 52 12. Manufactured buildings plan except for foundations and modifications of buildings on site. 1. Site requirements Setback/separation(assumed property lines) Location of septic tanks (if applicable) 2. Structural Wind zone Anchoring Blocking 3. Plumbing List potable water source and meter size (if applicable) 4. Mechanical Exhaust systems Clothes dryer exhaust Kitchen equipment exhaust 5. Electrical Exterior disconnect location 107.4 Amended construction documents. Work shall be installed in accordance with the reviewed construction documents, and any changes made during construction that are not in compliance with the reviewed construction documents shall be resubmitted for approval as an amended set of construction documents. 109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following: • Permits; • Plans examination; • Certificates of competency (including fees for applications, examinations, renewal, late renewal, and reciprocity); • Re-inspections; • Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the board); • Variance requests; • Administrative appeals; • Violations; and • Other fees as established by local resolution or ordinance. 109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, City of Winter Springs Ordinance No. 2012- Page 13 of 52 including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical,plumbing equipment and permanent systems. If, in the opinion of the building official,the valuation is underestimated on the application,the permit shall be denied,unless the applicant can show detailed estimates to meet the approval of the building official.Final building permit valuation shall be set by the building official. 109.4 Work commencing before permit issuance.Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the building official's approval or the necessary permits shall be subject to a penalty of 100 percent of the usual permit fee in addition to the required permit fees or as provided by local ordinance. This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger.But in all such cases the required permit(s)must be applied for within three(3)business days and any unreasonable delay in obtaining those permit(s) shall result in the charge of a double fee. The payment of a double fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The building official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing. 109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 109.6 Refunds. The building official is authorized to establish a refund policy. 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid.It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. 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. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 110.1.1 Manufacturers and fabricators. When deemed necessary by the building official,he 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. City of Winter Springs Ordinance No. 2012- Page 14 of 52 110.1.2 Inspection service. The building official may make, or cause to be made, the inspections required by 110. He or she may accept reports of department inspectors, independent inspectors or of recognized inspection services,provided that after investigation he/she is satisfied as to their licensure, Qualifications and reliability. A certificate required by any provision of this code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified by the building official. The building official shall ensure that all persons making such inspections shall be certified in accordance to Chapter 468 Florida Statues. 110.3 Required inspections. The building official,upon notification from the permit holder or his or her agent shall make the following inspections, and such other inspections as deemed necessary and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. Building: 1. Foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94,the concrete need not be on the job. and shall at a minimum include the following building components: •Stem-wall •Monolithic slab-on-grade •Piling/pile caps •Footers/grade beams 1.1. Slab Inspection: Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. A foundation/Form board survey prepared and certified by a registered surveyor may be required, prior to approval of the slab inspection. The survey shall certify placement of the building on the site, illustrate all surrounding setback dimensions and shall be available at the job site for review by the building inspector. In lieu of providing a survey,the contractor may elect to uncover all property line markers and string-up all property lines in preparation for inspection. City of Winter Springs Ordinance No. 2012- Page 15 of 52 1.2. In flood hazard areas,upon placement of the lowest floor, including basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 shall be submitted to the building official. 2. Framing inspection. Framing inspections shall be made after the roof deck or sheathing,all framing,fireblocking and bracing are in place and pipes,chimneys and vents to be concealed are complete and the rough electrical,plumbing,heating wires, pipes and ducts are approved,and shall at a minimum include the following building components: •Window/door framing and installation •Vertical cells/columns •Lintel/tie beams •Framing/trusses/bracing/connectors(including truss layout&Engineered drawings) •Draft stopping/fire blocking •Curtain wall framing •Energy insulation •Accessibility •Verify rough opening dimensions are within tolerances •Window/door buck attachment 2.1. Insulation Inspection: To be made after the framing inspection is approved and the insulation is in place. 2.2 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board,interior and exterior,is in place,but before any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception: Gypsum board that is not part of a fire-resistance- rated assembly or a shear assembly. 3.Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: •Roof sheathing •Wall sheathing •Sheathing fasteners •Roof/wall dry-in. •Sheathing/cladding inspection 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. City of Winter Springs Ordinance No. 2012- Page 16 of 52 4.Roofing inspection.To be made as a minimum of two inspections and shall include the following building components: •Dry-in •Insulation •Roof coverings (including In Progress as necessary) •Flashing 5.Final inspection. To be made after the building is completed and ready for occupancy. 5.1. Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor,including the basement,and prior to further vertical construction,the elevation certification required in Section 1612.5 shall be submitted to the building official. 6.Swimming pool inspection. First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete shell. Underground electric inspection. Underground piping inspection including a pressure test Deck inspection: to be made prior to installation of the deck material (with forms, deck drains, and any reinforcement in place Safety Inspection;Made prior to filling the pool with the bonding connections made, the proper drain covers installed and the final barriers installed. Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 424.2.17. Site Debris 1. The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles prior to receiving final inspection approval. Construction job sites must be kept clean. 2. All debris shall be kept in such a manner as to prevent it from being spread by any means. City of Winter Springs Ordinance No. 2012- Page 17 of 52 110.3.10 Final inspection. The final inspection shall be made after all work required by the building permit is completed. 110.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies,provided such agencies satisfy the requirements as to qualifications and reliability. SECTION 113 BOARD OF APPEALS. 113.1 Construction Board of Adjustment and Appeals. There is hereby established a board to be called the construction board of adjustments and appeals,which shall consist of the five (5)members of the Winter Springs City Commission. The term of office for each of the five (5)seats which comprise the board of adjustments and appeals shall be the term of office for the commissioner who occupies that particular seat. Vacancies shall be filled for an unexpired term in the same manner in which commission seat vacancies are filled under the terms of the City Charter for the City of Winter Springs as well as the Winter Springs Code of Ordinances. 113.2 Powers. The Construction Board of Adjustments and Appeals shall have the power, further defined in 113.3, to hear appeals of decisions and interpretations of the building official. 113.3 Appeals. 113.3.1 Decision of the building official. The owner of a building, structure or service system, or his or her duly authorized agent, may appeal a decision of the building official to the Construction Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: 1. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case. 4. The true intent and meaning of this code or any of the regulations there under have been misconstrued or incorrectly interpreted. City of Winter Springs Ordinance No. 2012- Page 18 of 52 113.3.2 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the decision is rendered by the building official.Appeals relating to provisions of the Florida Building Code, other than local amendments, may be appealed to the Florida Building Commission, pursuant to section 120.569,Florida Statutes, regarding the local governments action. Notice of Administrative Rights may be obtained from the building division. 113.3.3 Decisions. The Construction Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision.Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection.A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. SECTION 114 VIOLATIONS 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct,alter,extend,repair,move,remove,demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 114.2 Notice of violation. The building official or any city law enforcement officer or code enforcement official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official, law enforcement officer or code enforcement official is authorized to pursue code enforcement proceedings, request the city's legal counsel to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. City of Winter Springs Ordinance No. 2012- Page 19 of 52 114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1 The standards and enforcement procedures applicable to unsafe structures and equipment shall be governed by the International Property Maintenance Code, 2006, as adopted by Article VIII of this Chapter. (a) 101.4.13 Rules of construction. The rules set out in the Florida Building Code and this chapter shall be observed, unless such construction is inconsistent with thc manifest intcnt of the codc or this chapter. Thc rules of construction and definitions set out here shall ' • - -- - - - - - - - ' -' - - - - - - --- - - - - -'- - - - - -' -- - -• express provisions excluding such construction, or where the subject matter or content of such scction would be inconsistcnt with this section. (1) 101.4.13.1 Generally. All provisions, terms, phrases and expressions contained in this chaptcr shall be liberally construed in ordcr that thc true intcnt and Tcrms uscd in this division, unless othcrwisc specifically provided, shall have thc mcanings prcscribcd by thc Florida Statutes. (2) 101.4.13.2 Text.In case of any difference of meaning or implication between (3) 101.4.13.3 Delegation of authority. Whenever a provision appears requiring perform such duty, it is to be construed to authorize thc building official or othcr officer to designate,delegate and authorize professional level subordinates to perform the required act or duty unless thc terms of the provision or section specify otherwise. (b) 102.2 Building Division. There is hereby established a division of the Community Development Department called thc Building Division. Thc Building Division shall be lead by thc building official, who in turn will report to the community development director. (1) 102.2.1 Building official qualifications. The building official shall be licensed, in accordance with Chapter 553, Florida Statutes (2001), and as may be City of Winter Springs Ordinance No. 2012- Page 20 of 52 (2) 102.2.3 Employee qualifications.The community development director,with inspcctors,plans cxamincrs,and othcr assistants to thc building official as arc nccdcd inspcctor or plans cxamincr unlcss that person mccts thc qualifications for liccnsurc as an inspcctor or plans cxamincr as cstablishcd in Chaptcr 553, Florida Statutcs, ( c) 103.1 General powers and duties of the building official. The building official is -' -- - - - - - - - - - - - •'-'- -- - - - - - - -' - - - - -• --- - • - - - . .• ' .• 'v.- - -and this chapter. Such intcrprctations,policics and proccdurcs shall be in compliance with• _ : : .. el-- 6 - -6:_, ; I - ; ; •_ _ ••••• _: . _ _ specifically provided for thc Florida Building Codc. (1) 103.2 Right of entry. (A) Building official or an authorizcd dcsigncc may cntcr any building, - - - -- - 0 0 -- any of thc provisions of thc Florida Building Codc or this chaptcr. In cascs of cmcrgcncics or cxigcnt circumstanccs whcrc cxtrcmc hazards arc known - „' ;' ; ; . „' ;' _, -,- I -, ; I - any timc. (B) Whcn attcmpting to cntcr a building, structurc or prcmiscs that is himsclf or hcrsclf, display proper crcdcntials and rcqucst cntry. If the - -,- I -, 0 I - ; - , -;-- „'-;, -- „' ;' ; charge of thc building and rcquest entry. If cntry is rcfused, or if thc owncr or othcr persons having charge of an unoccupicd building cannot be locatcd, thc building official shall havc recoursc to cvery remcdy providcd by law to sccurc cntry, including an inspection warrant. (C) Whcn the building official or authorized designee shall havc obtaincd permission to enter, sccurcd an inspcction warrant, or obtaincd anothcr remedy providcd by law to sccurc cntry, no person shall fail, after proper credentials are displaycd,to promptly permit entry into the building,structure or prcmiscs by thc building official or authorizcd dcsigncc for thc purpose of City of Winter Springs Ordinance No. 2012- Page 21 of 52 -I • ; • • ; I I I. . - • , -0 - - scction may bc prosccutcd within thc limits of thc law. (2) 103.4 Revocation of permits. The building official is authorized to suspend - . - • : 'MCI . -I- -- I : - -0:- 0 • I •• -- •- -- - - - - - -- • • - information, or in violation of any ordinancc or rcgulation or any provisions of the Florida Building Codc or this chaptcr. (A) 103.4.1 Misrepresentation of application. The building official may .:. _ • e- —- . : 1 1 : .; , ._: . - I- -- I : • : -- : -- : ':: Building Codc or this chaptcr, in case thcrc has been any false statemcnt or -- - _ • _-_ - • .6 - ;- . -- -- • _ : : - - -_ : .. -; - • . . - • - •• - -thc permit or approval was bascd. (B) 103.4.2 Violation of Florida Building Code provisions. The building . ; • _ •: _ : ._ . .: •_ _ • ': , . _ ..' •' : : thc construction,erection,alteration,repair,moving,demolition,installation, • _. - - • ..' • _, - . _, _ _ ; , :; _ • • plumbing systcms for which thc permit was issucd is in violation of, or not -- I 0 - - 0 - chaptcr. (d) 104.1.6 Time limitations.Except as otherwise provided in this chapter,an application for a permit for any proposcd work shall bc deemed to havc bccn abandoncd,and shall expire and become null and T1TT oid six (G) onths after the date of- - •• i: •- •is demonstrated. (e) 104.2.1.2 Additional data. The building official shall be allowed to require details, computations, stress diagrams, and other data ncccssary to describe the construction or installation and the basis of calculations. (f) 104.2.4 Site drawings.Drawings shall show the location of the proposed building or - . - I _ : I . - . _ I _ I : . - - • I- I- -- _: • _n o. _ : .:. - I. • -- -I •- • • -s: -I . • • iv: _: -. ._ •• whenever the boundary lines cannot be rcadily dctermined in the ficld. (g) 104.2.5 Hazardous occupancies. The building official may require the following: City of Winter Springs Ordinance No. 2012- Page 22 of 52 (1) Gcncral sitc plan. A gcncral sitc plan drawn at a lcgiblc scalc which shall - - .: , :I -- : : .0 - . vv. _ - , permancnt acccss ways, cvacuation routcs, parking lots, intcrnal roads, chcmical loading arcas, cquipmcnt cicaning arcas, storm and sanitary scwcr acccsscs, : ,', • : ::': : • • • , idcntificd with thc hazard classcs and thc maximum quantitics per hazard class of hazardous matcrials storcd. (2) Building floor plan. A building floor plan drawn to a lcgiblc scalc, which - - .:_, .. : ._ _: :, : ::. _ , the building and shall indicate rooms, doorways, corridors, cxits, fire ratcd --_ • •• :. • • :, : • : . : .'• :: , • • _ •• .• • routcs.Each hazardous materials storagc facility shall bc identificd on the plan with the hazard classcs and quantity range per hazard class of thc hazardous matcrials storcd. (h) 104.4.6 Public right of way. A permit shall not be given by the building official for - . . • : • • ,. • :, : : _ • - . . . • • .. • •• _ _ •'I ..' • to be changed and such changc will affect the exterior walls, bays, balconies, or othcr any lot or prcmiscs of any building or structurc rcmovcd from anothcr lot or prcmiscs,unlcss• -- : .. -• - -•- --•:- • I. -• .0 - , - - - , v•• • ,- --- - -, -- -- • . -0 - -.jurisdiction ovcr thc strcct, allcy or public lanc. (I) 104.5.1 Permit intent. A permit issued shall be construed to be a license to proceed thcrcaftcr rcquiring a corrcction of crrors in plans, construction, or violations of thc Florida Building Codc or this chaptcr. Evcry permit issucd shall bccomc invalid unlcss thc work authorizcd by such permit is commcnccd within six (6) months aftcr thc time thc work is commcnced.Failurc to obtain an approved inspcction within one-hundred eighty(180)days of the previous approved inspection shall constitute suspension or abandonment. One or official shall record the extension of time granted. {j) 104.5.1.5 Expiration of demolition permits. Permits issued for the demolition of a rcqucst shall bc in writing to thc building official. City of Winter Springs Ordinance No. 2012- Page 23 of 52 (k) 104.6.4.1 Permit fees. On all buildings, structures or alterations requiring a building •- ---' , • -- - -: :- .:': - ;--, '., .. - -- -- • I - :::. -: : . '-- I ': - : -- city commission. (1) 104.6.6 Building permit valuation. If, in the opinion of the building official, the ,- , ; • -ii 0 - -- : :: ' i .0 -, , 1, , : .. ; - •- --' valuations shall includc total cost, such as cicctrical, gas,mcchanical,plumbing cquipmcnt and other systcms, including materials and labor. The permit valuation may bc calculated using thc latest Building Valuation Data publishcd by thc Souther Building Codc Congress International or other applicable modcl code organization, at the option of the building official. (m) 105.1 Existing building inspections.Before issuing a permit,the building official may - • - • 9- -I . • P P : _, _ _ ; _ • • . - •. - - - • - : .. • '• •- ,__ - _ ._• • • ._ -- • _ • :_, • _ , _••• , -- • •-, •_ • • • • -_ - •- - . .. •. _ .. •• - • -.• • --._- • buildings, structures, cicctrical, gas,mechanical and plumbing systcms, for which a permit ..:- -, „' _ 0 • • ; • • inspcction and of all violations of thc tcchnical codcs. (n) 105.2 Manufacturers and fabricators. When deemed necessary by the building . . , „' 0 ; , ; , ;; , ; • '• asscmblics at thc point of manufacture or fabrication. A rccord shall bc made of cvcry such examination and inspcction and of all violations of thc tcchnical codcs. (o) 105.3 Inspection service. The building official may make or cause to be made, the acccpt rcports of dcpartmcnt inspcctors,indcpcndcnt inspcctors or of recognized inspcction • -_ , • •_• • _ .. • • • - liccnsure,qualifications and reliability.A certificate required by any provision of the Florida • • 1- 1.--1 • - - - -- - - -a manncr spccificd by the building official. The building official shall ensure that all persons making such inspections shall bc certified in accordance to Chaptcr 468, Florida Statutes. (p) 105.6 Required inspections. The building official upon notification from the permit holder or the permit holdcr's agent shall makc the following inspcctions, and shall cithcr release that portion of thc construction or shall notify the permit holder or the permit holdcr's agcnt of any violations which must bc corrected in ordcr to comply with thc tcchnical codcs. City of Winter Springs Ordinance No. 2012- Page 24 of 52 The building official shall dctcrminc thc timing and scqucncing of when inspcction occur and what cicmcnts arc inspcctcd at cach inspcction. Building: 1. Foundation inspcction: To bc madc aftcr trcnchcs arc excavated and forms erected and shall at a minimum includc thc following building componcnts: • stem -wall • monolithic slab-on-grade •piling/pilc caps • footers/gradc bcams • • ._ : ._ ••_ • _ _ . _ _ . • _, • : _• _• t quit, piping, ducts and vents are installcd and thc electrical, plumbing and -- -- - ; - -; ... - -• -- . _ _. . . - • : I- ... -I . - • _: .' -I --I_- .. -- • ._ •-- - -- •1- • - : I.• -I. A foundation survcyprcparcd and certificd by a registcred surveyor shall be required for all new construction prior to approval of thc framing inspection. The survcy shall - -. . • -- --- - • -- ..' :' - : - -_ - _, I- • - • -I :. - : - -_ v• - '; • • • • • ••• • . • :: • .. , • ••' ;' _ ; In licu of providing a survcy, thc contractor may cicct to uncovcr all property linc markcrs and string-up all property lincs in prcparation for inspcction. 2. Framing inspcction: To bc madc aftcr thc roof,all framing,fire-blocking and . :- - - . :--, : . -: •• - •, all pipcs, chimncys, ducts and vcnts arc . , • ; - • • • I •• ; ; •• .. • ; Iv • window/door framing and installation • vertical cclls/columns • lintcl/tic bcams • framing/trusscs/bracing/conncctors • draft stopping/fire-blocking • curtain wall framing • energy insulation • accessibility -I • .6 - 1--I- - . -. . v- -- •41- • _ -_ • -I- '. - : .. . •_: and thc insulation is in placc. 3. Sheathing inspection: To bc made cither as part of a dry-in inspcction or done separately at the rcquest of the contractor after all roof and wall sheathing and eomprettent-K City of Winter Springs Ordinance No. 2012- Page 25 of 52 • roof shcathing • wall shcathing • shcathing fastcncrs • roof/wall/dry-in NOTE: Shcathing fastcncrs installcd and found to bc missing thc structural mcmbcr (shiners)shall bc rcmovcd and properly rcinstallcd prior to installation of thc dry-in matcrial. • - - - - ' - - - - - - - vvi - - ' :: -: •_ - . • . -_ - 5-- 'e - : - • . -_ :: -: ._ - -, • - • - - • • • • - - .:_ firing building components: • dry-in • insulation • flashing occupancy. 6. Swimming pool inspcction: bonding and main drain and prior to placing of concrctc. • • •. -•. _ ... . , • I . : ,' cnclosurc rcquircmcnts arc in placc. - - -- 0 '- - - -- -- -.. 1.. : ,' • . :.. • -; , - dcscribcd in Scction 424.2.17. 7. Dcmolition inspcctions: - --._- .6 - : ._ -- .41- • _ • I • • - . - . ._ .__ - 41.--• - -- - _• . - • securcd in such manncr that no unsafe or unsanitary conditions shall cxist during or after dcmolition operations. --._ - ': - : ._ -- ••_ • - • •_ -- : .. - ..: - -: -- . _ _•. Elcctrical: • II • : -:. _ • _I, • : ._ : • • I• - II I • _. 2. Rough-In inspcction: To bc madc aftcr thc roof, framing, firc-blocking and •- -_ - - • • -- • - , 0 : • • 0 - ; : I • City of Winter Springs Ordinance No. 2012- Page 26 of 52 : -. : ;; ow. ;' . I , • ow. is ready for occupancy. Plumbing: 1. Undcrground inspcction: To bc madc aftcr trcnchcs or ditchcs arc cxcavatcd, ■ - - - - - - - - - - - - - - - -- -• • • - - - - I I . -_ • - : • -:. , ..•- _ • - : •- - •'•' - - -• -- • _ _, • - • . •• • -- installation of wall or ceiling mcmbrancs. ._- : ._ ::_ • _ _ .. _ _, . _: .' -1 • . . I _ • - I • -_ • i • :. • - _I, • I I - I - _:: • : occupancy. Mcchanical: 1. Undcrground inspcction: To bc madc aftcr trcnchcs or ditchcs arc cxcavatcd, ■ :- iv -: • , ,' • ;, • I I : • • :• II . :--. 2. Rough-In inspcction: To bc madc aftcr thc roof, framing, firc-blocking and • ;- - . :-- : : : : ■ : -- • • ,w • - -0 -- I - prior to thc installation of wall or cciling mcmbrancs. -: •--.-- i . : .- ----- - - - -- w wilding is complctc, the mcchanical Gas: lot e.e. I . - - - - - - .• ._ ;- ,__ • _I, • ; ._ : • • -■ - .'.' • ,__ • ._ _: • • _. _i or any fixtures or gas applianccs havc been connectcd. has been installed and after all portions which arc to bc concealed by plastering or • - _I. - --I_- .: - - - ; - - I I- . . 3. Final inspcction: To bc madc on all new gas work authorized by thc permit City of Winter Springs Ordinance No. 2012- Page 27 of 52 • , • -, • • .• •.' : ,'-- -00- • : : :--, -- that thc installation and construction of the gas systcm is in accordancc with rcvicwcd Sitc Dcbris: 1. The contractor and/or owncr of any activc or inactivc construction projcct shall bc responsible for thc clean-up and rcmoval of all construction dcbris or any othcr misccllancous discardcd articics prior to rccciving final inspcction approval. Construction job sitcs must be kcpt clean, such that accumulation of construction dcbris must not remain on thc property for a period of time exceeding 14 days. 2. All debris shall bc kept in such a manner as to prcvent it from bcing sprcad by any mcans. (q) 106.1.2 Issuing Certificate of Occupancy. Upon completion of construction of a , - . _ • - • -- • • - . _ _- -• , :•-, --_- - • - -• • - • . . -- .' - - .- - --- accordancc with the tcchnical codes, revicwcd plans and specifications, and aftcr thc final inspcction, and aftcr verification that all septic systcm permits have rcccivcd an approvcd stating thc nature of thc occupancy permittcd, thc number of persons for cach floor whcn provisions of this codc. (r) 107.1 Testing.For products not covered under the statewide product evaluation and approval systcm,thc building official may rcquirc tcsts or tcst rcports as proof of compliancc. • - -- -- - • - - •• laboratory or othcr approvcd agcncy. (s) 109.1 Violations and Penalties. Any person, firm, corporation or agent who shall •'. • - • ' - - - - - • ..' • • . _ - - - _ •• . • - - , , , ; • , •- ; ' . -- : ._ • - • - -, - . _ _ -; , =;-, ---- - ; - -: . . . -- .' - - •- - , . - •- - . -. - _•, • - _•, _.:' _•, -- . •-• . :_ -- : -_1 • .1' :' -�, - -. - . _ _ _ -: , ::-, mechanical or plumbing system, in violation of a detailed statement or drawing submitted • - : ._ -- - _• -- _ . - •_ , - - • ._ -.' • . • -- -•_ - -• . . -- -- -. - • •_• __. • - - -. -person shall be considered guilty of a separate offense for cach and cvery 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 bc punished within the limits as provided by law and local ordinance. (t) 110 Establishment of Construction Board of Adjustment and Appeals City of Winter Springs Ordinance No. 2012- Page 28 of 52 (1) 110.1 Construction Board of Adjustment and Appeals. There is hereby cstablishcd a board to bc callcd thc board of adjustmcnts and appcals, which shall ee bf fivc (5) mcmbcrs of thc Wintcr Springs City Commission. Thc-tcrm of : I ; . .. ::: I I : • I appcals shall bc thc tcrm of officc for thc commissioncr who occupics that particular scat. Vacancics shall bc fillcd for an uncxpircd tcrm in thc same manncr in which commission scat vacancics arc fillcd undcr thc terms of the City Chartcr for thc City (2) 110.3 Powers. The Construction Board of Adjustments and Appeals shall : .._ _ : -_. appeals of decisions and intcrpretations of thc building official. (3) 110.4 Appeals. (A) 110.4.1 Decision of the building official. The owner of a building, structurc or scrvicc systcm, or his duly authorizcd agcnt, may appeal a dccision of thc building official to the Construction Board of Adjustment and Appeals whcncver any one of the following conditions arc claimcd to exist: 1. Thc building official rcjcctcd or rcfuscd to approvc thc mode or manncr of construction proposcd to bc followcd or matcrials to be uscd in thc installation or altcration of a building,structurc or scrvice systcm. 2. Thc provisions of this codc do not apply to this spccific casc. 3. That an cqually good or morc dcsirablc form of installation can bc cmploycd in any spccific casc. _ _; i ;:= or any of the intcrprctcd. (B) 110.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calcndar days aftcr thc dccision is rcndercd by the building - . . than local amcndments, may be appcalcd to thc Florida Building Commission, pursuant to section 120.569, Florida Statutcs, rcgarding thc local governmcnts action.Notice of Administrativc Rights may be obtaincd from thc building division. City of Winter Springs Ordinance No. 2012- Page 29 of 52 (5) 110.5.2 Decisions. The Construction Board of Adjustment and ..-; - - -; , - • -;--, -;- - ; ;-- -'6 - ••• -:I I - • -• I - unncccssary delay. Each dccision of thc board shall also include thc reasons for thc dccision. If a dccision of thc board reverses or modifics a refusal, • 6 •.-.6 - : -, -- ;' ; ••• • '; •• -- : -- : -- • : • . :.- - : III - inspcction.A certified copy of thc dccision shall be sent by mail or otherwise building official for two weeks after filing.Every dccision of the board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. Sec. 6-32. -Administrative amendments to Chapter 2 of the Florida Building Code. Chapter 2 of the Florida Building Code, as provided for in Section 553.73,Florida Statutes (2(301),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.) Board. The appropriate City or County Board of Adjustment and Appeals, unless otherwise specifically stated. See section 6-31 (113.1)of this Code. Building official. An employee of the city with building construction regulation responsibilities charged with the responsibility for direct regulatory administration or supervision of plan review, enforcement, or inspection of building construction, erection, repair, addition, remodeling, demolition, or alteration projects that require permitting indicating compliance with building,plumbing,mechanical, electrical,gas,fire prevention, energy, accessibility, and other construction codes as required by state law or municipal or county ordinances. One person employed by the city as a building code administrator or building official and who is so certified pursuant to Florida law maybe authorized to perform any plan review or inspection for which certification is required by Florida law. City of Winter Springs Ordinance No. 2012- Page 30 of 52 Sec. 6-33. - - •- • a - : •a a Local wind speed design criteria lines. The basic wind speed in miles per hour for the development of wind loads, shall be as follows: (a) For Risk Category I Buildings— 129 MPH (see Seminole Figure 1609C). (b) For Risk Category II Buildings— 139 MPH (see Seminole Figure 1609A). ( c) For Risk Category III Buildings— 149 MPH (see Seminole Figure 1609B). SEMINOLE Figure 1609C Ultimate Design Wind Speeds Risk Category I Buildings BASIO WIND SPEED.The hes.wind speed in miles per hour,for the development of wind loads,shall be determined from Figure 1609.The exact location of wintl speed Imes shall be established by bra.ordinance using recognized physical landmarks such as major roads,canals,avers and lake shorce whenever possible. WIND-BORNE DEBRIS REGION Areas within hurricane-prone regions located: _ Within_ - .61k') high 1 1 F ultimate tl sp V It 3 P(8 M) 9 to h eh e Anna.design d SPeed Van 1a i40 inah.3 )or greater 1 'I i- H kC 8 ryllbuildings e arid h occupancy db category d i s 3- S b rings and ds breed o p health - u 1 eg nshall be based on Figure 96I)9A F p yc g ry b.1.69 r I ds.ructures and uccupa wy category h Ih Yac ",Me e windborne \ ) debrsregtonshaibebasedonF�ure169- for R ate icings a wntl 5 eeds, tmata Qywr Structures II i j( Y 1 Values are ilom r. lie e, ?tea senrnra gastwnd , ne3.e Oro Innnrat ataaref ) ' 3 is,Ma and coastal areas outs.. r 1 M the laeIcoatou,p contour at the waste amain ocean oae promontories,and sdoc ..:a for 5 Mad speeds Cane...1W approximately a 15,years(annual �' eXCeenance 0 2.5 5 10 15 20 000ebirb=p.ppau, MRI-0so r.rs). I Miles City of Winter Springs Ordinance No. 2012- Page 31 of 52 SEMINOLE Figure 1609A Ultimate Design Wind Speeds Risk Category II Buildings BASIC WIND SPEED.The basic wind speed in miles per hour,for the development of wind loads shalt be determined from Flour°1609.The location of wind speed lines shall be estehl shed by local ordinance wing ad cognized physical landmarks such as major roads,canals,rivers and lake shores whenever passible. /^ legated WIND-BORNb DEBRIS REGION.Areas within hurricane prone regions j c? hin 1 mile(1 61 km)o the coastal mean hg e where the J/ reamer.design rend speed Volt s 130 mph(48 ) greater / ( 2.1 where the ultimate design rend speedy t mph(53 Ws)or / I�r J greater ��!� ]J k Category II bu Idrngs and structures and occupancy at..,III �) ��I ���` structures,except health care fat ne deist. 'i' shall be based on Figure 18094 For occ p y g W,bu NI522 ���I ¢ g structures and occupancy category Ill health care facilities, e w ndborne / �� debris region shall be based on Figure 1605.gi _.„,,/ ///�-�"'"/l// l an te9 - ms d rctures 1 11 -- 'il Sit hir vt: iIIII1J111/1 _L-"2 . .T1. . second gnat mud Speeds In miles per 1.-, er . Me NA oryitOili Mail Meth,lab mad speed conker°Mimeses. . 3 area sr 4 ItIoeuraNOUS terrain.gorges. ocean promontories,end special et iompmnrgros s i $ bary a° O 25 5 10 15 20 m,,-2"y anny=o 00143 oh Mlles SEMINOLE Figure 1609B Ultimate Design Wind Speeds Risk Category III and IV Buildings BASIC WIND SPEED 3 he basic wind speed irr Wles per hour Mr the development Of wind Maids.shall be dMericined born Figure lfigg 1 he exact p°,' shorganised phYe esanble s snap as ale reads.Canals.rivers and late f NE DEBRIS REGION.Areas within hurricane-prone regions located -\ ( ) design mph d speed) re the \ hf53 m/s)o greaMr I/.. y _ ) e ,� g tore 9 P cues Me god I - - —"a _—. i be basest on Figure health For occupancy....on ii t re`s me debris 1 a.a occupancy category ill nemth care lac has the w ntlbcrne and sir-J..3s yr \. t debrs 9ro ak c based on F■gkare 1609d. � for rseteOs r oe udrA e ucNea >y t 150 �2`O Y30 L ) va � t- r 3 Islamise.mast.areas outside Ihe last contour snail use the lap ' s area to a a I bate,or µ�! O 2.5 5 10 15 20 cplo-oosan Miles • •••,. ,.• • • •• I v • •• ■ l • • • .6 -- • ,. • • • lints to be cstablishcd by local ordinancc using rccognizcd physical landmarks such as major roads, City of Winter Springs Ordinance No. 2012- Page 32 of 52 locations: dcsignation of one hundred tcn(110)milcs per hour as dcsignatcd on thc wind spccd contour map attachcd hcrcto as Exhibit "A", with thc city limits bcing graphically dcpictcd with landmarks upon thc map attachcd hcrcto as Exhibit"B". ARTICLE III. BUILDING CONSTRUCTION STANDARDS Sec. 6-81. - - j 0 ; j j o i ° Florida Building Code adopted. The city hereby adopts in there its entirety the most recent version of the Florida Building Code, as may be amended from time to time. : :: : : .' :' _ ::_ '' : : -, _ .:• Scction 102.2.1, Scction 2405.2.1.6, Chapter 11, and Appendiccs B and E; thc Standard Existing Southcrn Building Codc Congress Intcrnational,Inc. and thc Onc And Two Family Dwclling Codc 1995 Edition cxcluding Scction 308.4.9 as thc minimum standards for building and construction within thc city. The provisions of the Florida Building Code ---- - : -:: .. shall govern all matters contained therein,except when local codes are more stringent,in which case local codes will govern pursuant to section 553.73,Florida Statutes,inclusive of electric,plumbing,and mechanical codes in conflict with thc provisions of this chaptcr or othcr ordinanccs of thc city. Sec. 6-82. - Reserved. (a) Scction 108.1, Appointment, of the building code adopted by this chapter is hereby amcndcd to rcad as follows: "Thcre is hereby cstablishcd a board to be callcd the board of adjustments and Commission. The tcrm of office for cach of the five (5) scats which comprisc the board of adjustments and appcals shall be the tcrm of office for thc commissioncr who occupies that particular scat. Vacancies shall be fillcd for an uncxpired tcrm in the same manncr in which commission scat vacancies arc fillcd under the terms of the City Charter for thc City of Wintcr Springs as wcll as the Winter Springs Code of Ordinanccs." (b) In addition to the requirements of the Standard Building Code Chapter 18, Scction 1804 Footings and Foundations, [the following shall be added:] "In all masonry buildings City of Winter Springs Ordinance No. 2012- Page 33 of 52 there shall be a minimum of either two (2) one half e/2)inch or three(3)three eighths (3/8) - .-- '- - .. .. . . . Sec. 6-83. -Television dish antennas. (a) Permit required. Except for those antennas that do not exceed one(1)meter(39.37 inches) in diameter and 12 feet in height, Tthe installation of all television dish antennas and/or satellite antennas shall require a building permit. All television dish antennas and satellite antennas shall be subject to the following requirements: (1) Television dish antennas or satellite antennas shall not be installed or attached to any part of the roof structure of any residential building. (2) Television dish antennas or satellite antennas maybe installed on or attached to roofs of commercial or industrial buildings but only upon submission of a certificate of an engineer or architect currently registered to do business in the state. Such certification shall be to the effect that a structural analysis has been made of the building and such building can safely support the specific antenna with a minimum adopted wind loading of one hundred(100)one hundred twenty-nine(129)miles per hour. (3) Television dish antennas or satellite antennas shall not be installed in front of the front line of any residential, commercial, or industrial building. (4) Television dish antennas or satellite antennas may only be installed in side yards or back yards of any building. (5) No portion of any antenna or support structure shall be closer than five (5) feet from any property line. (6) Television dish antennas or satellite antennas shall not be located on any public way, easement, or parkway. (7) Television dish antennas or satellite antennas shall not be installed in any designated parking area of any building. (8) Except for subsection(a)(6), the requirements of this subsection(a) maybe modified to the extent necessary for the television dish antenna or satellite antenna to receive an acceptable signal. Mobile mounted television dish antenna or satellite antenna structure shall comply with all requirements (1) through(7) above. City of Winter Springs Ordinance No. 2012- Page 34 of 52 (b) Apartment and condominium buildings.Apartment or condominium buildings above three(3) stories in height shall be treated as commercial structures for the purpose of these regulations for television dish antenna or satellite antennas. (c) Height restriction. The installation of any television dish antenna or satellite antenna shall not exceed the height restriction set forth in the zoning ordinance for that location. The requirements set forth in this section are intended to further the City's health, safety and aesthetic objectives to protect the public by ensuring that antennas are appropriately installed so as to withstand the minimum wind loads established by this chapter, and in the City's residential districts, to maintain a visually pleasing environment free from unsightly technical equipment. Sec. 6-84. -Accessory buildings. (b) Height and size restrictions. The maximum height of an accessory building shall be twelve (12) feet measured from ground level. The maximum size of any structure shall be two hundred forty (240) square feet. • s. -„--- -, ;- ;- --;, ••■ _; ; . •.- . commission approval providcd the city managcr or dcsigncc thcrcof dctcrmincs that cach criteria in subsection(f)(3)hcrcin is satisfied.further,dctachcd,privatc garagcs may cxcccd (1) Detached, accessory buildings may exceed twelve (12) feet in height or the maximum size of two hundred forty(240) square feet,provided the city manager or designee determines that each of the following criteria is satisfied: (A) The accessory building does not exceed one-third (1/3) of the air- conditioned square footage area of the principal structure; (B) The accessory building is compatible and harmonious with the principal structure and the surrounding land uses and structures; ( C) The accessory building will not adversely impact land use activities in the immediate vicinity; (D) The height of the proposed accessory building does not exceed the height of the principal structure; and City of Winter Springs Ordinance No. 2012- Page 35 of 52 (E) The accessory building shall meet the requirements of the applicable zoning district including setback and maximum lot coverage. (2) An accessory building that is attached to a principal structure by a breezeway is not considered an accessory building,but rather,is considered an expansion of the principal structure and is subject to satisfying all applicable requirements,including, but not limited to, setbacks and maximum lot coverage, of the zoning district in which the principal structure is located. It may therefore, exceed the height and size restrictions as noted above in subsection (b)(1); however, it shall not exceed the height of the principal structure. A breezeway is a covered passageway, which connects the principal structure to the proposed addition. It shall not exceed 35 feet in length. An application for waiver of the maximum breezeway length identified herein may be made pursuant to the procedures set forth in section 20-34 of this code. 1,1(41111111110 I"��rt� rr� e 1V ✓roe �RWIENVI 11 I ,( j ( c) Location. All accessory buildings shall be located to the rear of the front facade of the principal structure thc existing buildings line. (e) Setback requirements.Whcn an acccssory building is attached to a principal structure Setbacks shall be the same as those of the principal structure, except that the rear yard setback for accessory buildings that are not attached to the principle structure by a breezeway may be reduced to six (6) feet subject to the required setbacks of thc principal structure. (1) Corner setback—On all corner lots the minimum open sidcyard setback shall be that of the principal building. • -; .: I -- .: - -: .= a minimum of six (6) feet. (3) Side yard setback—Shall be that of the lot on which thc building is to be located. (14) No accessory building shall be constructed or placed on an easement. Easements—If an cascmcnt on thc lot whcrc thc building is to be located is grcatcr City of Winter Springs Ordinance No. 2012- Page 36 of 52 constructed or placed on an cascmcnt. (25) Detached, private garages which exceed twelve (12) feet in height or two hundred forty (240) square feet in area must meet the setbacks of the applicable zoning district for the principal structure. Sec. 6-85. -Accessory dwelling units. An accessory dwelling unit(ADU)is an ancillary or secondary dwelling unit that is clearly subordinate to the principal dwelling, which has a separate egress/ingress independent from the principal dwelling, and which provides complete independent living facilities for one (1) or more persons and which includes provisions for living, sleeping, eating, cooking, and sanitation. It is located on the same parcel or lot as the principal dwelling and shall be subject to the required setbacks of the principal structure and may be either attached to or detached from the principal dwelling. Accessory dwelling units (ADUs) must conform to the following standards: Sec. 6-86. - Screen Enclosures/rooms. (a) Definition. For purposes of this section, the term "screen enclosure" shall mean an enclosure consisting entirely of screen mesh, except for minimum essential structural framework required for its support. The term "screen room" shall mean an enclosure consisting of walls of insect screening with or without removable vinyl or acrylic wind break panels, and a roof of insect screening, plastic, aluminum or similar lightweight material. (b) Mcsh;load requirements. Mesh sizes shall not be smaller than twenty(20)by twenty (20)threads per inch,nor larger than eighteen(18)threads by fourteen(14)threads per inch. Dcsign computations and construction details of screen enclosures shall be supplied with all plans showing that same comply with wind load and live load requirements of the building code of the city. (bc) Setbacks. The screen enclosure/room shall meet all code requirements for front and side yard setbacks which are applicable to the subject property. Notwithstanding any other applicable rear setback requirement, the screen enclosure/room shall not be located any closer than seven (7) feet from the rear property line of the subject property. On lakefront property, no screen enclosure/room shall be located any closer than twenty-five (25) feet from the shoreline, as determined by the existing or established high-water control level. City of Winter Springs Ordinance No. 2012- Page 37 of 52 (cd) Height. The screen enclosure/room shall not be higher than the primary structure on the subject property, except for instances when the principal structure does not exceeds twelve(12)feet in height. In which these cases, the screen enclosure/room shall be set back an additional one(1)foot two(2)fcct from the minimum setback requirements contained in subsection( c) (b) for every additional foot above twelve feet. (ddr) Easements. Screen enclosures/rooms shall not be constructed within an easement area, unlcss thc cascmcnt cxprcssly allows said construction. (eef) Screen enclosure/room modifications. If any portion of an existing screen enclosure/room is modified so that it no longer satisfies the definition in subsection(a), the modified screen enclosure/room shall meet all building setback and height requirements that are applicable to principal and accessory buildings for the subject property. ARTICLE IV. ELECTRICAL, PLUMBING, MECHANICAL & GAS ELECTRICITY Sec. 6-101. -Electrical code adopted Electrical, plumbing, mechanical and gas work. All electrical, plumbing, mechanical and gas work shall be performed and completed in accordance with the most recently adopted version of the Florida Building Code. The city hcrcby - - ' - - -- -- - - -- - - - ... - I • - : -- -- • -- "' ", - ccpt as othcrwisc providcd in this articic. Sec. 6-102. - Reserved. shall mcan thc city building inspcctor. Sec. 6-103. -EleetricaFinspeetion7 Reserved. _ ••' •' -: •-•• --- - . -- - • - - • -- • . _ • --9-- --, --I- • 9- -- - • - • _ •- - •'-'- -- - - - - - '- - - -- - - - :1•9 - - ' - -- - .- - - - -'• Sec. 6-104. -Fees. Reserved. • .. '-• '• -- • _ _- -• 9- -- - • 9- . . .. - _: . • • - • .. .. '• _ _ _- - 9- -- __ • - . - , • -_ - -• -. -- -- --.. - II I• - _ I •9 -- •I•. -• . - •- -_ • . - . • of this articic which arc on filc in thc city cicrk's officc. City of Winter Springs Ordinance No. 2012- Page 38 of 52 ARTICLE V. PLUMBING Sec. 6-126. - . Reserved. - - 6, -- --- . Codc Congress Intcrnational, Inc., cxccpt as othcrwisc providcd in this articic. Sec. 6-127. - Reserved. The term "plumbing inspector"whcn uscd in thc plumbing code adopted by scction 6-126 shall mcan the city building inspector. Sec. 6-128. - Reserved. I - - -- - • - - - - a -- - - - - - - - - - -41 - -- - .6 - ' - - - - -•Sec. 6-129. -Fees. Reserved. of this articic which arc on filc in thc city cicrk's officc. ARTICLE VI. MECHANICAL Sec. 6-146. - < < < < Reserved. ow Iv wo otherwisc providcd in this articic. Sec. 6-147. -Wins.Reserved. (a) The word "city" as uscd in thc code adoptcd in scction 6-146 refers to thc City of Wintcr Springs, Florida. -_ -- "- -- - - t ardMcchanicalCodc :I • _: - '6 .- 6. City of Winter Springs Ordinance No. 2012- Page 39 of 52 Sec. 6-148. - Reserved. all provisions of thc Standard Mcchanical Codc adoptcd in scction 6-146 within thc city. Sec. 6-149. -Fees. Reserved. : •• -; --- -; :- • ■ .: I • • : - : .. :. --- -; - • of this article which are on file in the city clerk's office. ARTICLE VII. UNSAFE BUILDINCS Sec. 6-165. - . i : i . : . • i• • - Reserved. • -• - - - - - -- - - - - - .. -. .- - •- •- -- • - - - - - - - • - - -- - -• - - - - - Intcrnational, Inc., subject to all amendmcnts, modifications or deletions hcreinafter cnactcd. Sec. 6-166. - Reserved. (a) A building or structurc that may bc or shall at any timc hcrcaftcr bccomc dangcrous (b) A building or structurc dcclarcd structurally unsafc by a duly constitutcd authority may be restorcd to a safe condition; howcvcr, if the damagc or cost of rcconstruction or constructcd buildings and structures.No changc of use of occupancy shall bc compcllcd by rcason of such rcconstruction or restoration. Sec. 6-167. - - ; , • ; . Reserved. condition cxists,he shall scrvc or causc to be scrvcd on thc owncr or one(1) of the owner's - :: :__ - -- • • - I- -• •• • ■ • ; ._ • ._- - • _, : •• _ ■ _ ■ • _ : :_ • ■ ■ _ .. :' • • _ •-- -: • --• _, • • - --_ - : I.• - • • - - •• - - - -- vv. I. • - • - • • , • I • ■ ow • we :0 "; ; ; - • ■ ;, ; --• I dccmcd ncccssary by him. City of Winter Springs Ordinance No. 2012- Page 40 of 52 by rcgistcrcd mail to thc last known address of such person, and a copy of such noticc shall posting shall be dccmcd adequate service. Sec. 6-168. - : = - i notice. Reserved. If a person saved with a notice or order to remove or repair an unsafc building or structure shall fail, within sixty (60) days, to comply with the requirements thereof, the city attorney may court of competent jurisdiction and if found guilty shall be punished in accordance with section 1-15. Sec. 6-169. -Vacating unsafe buildings and closing adjacent streets. Reserved. Whcn a building or structure is in an unsafc condition, so that lift is endangered thereby,thc building inspector may order and require thc inmates and occupants to vacate the building or from bcing uscd. ARTICLE V. VIII. FENCES, WALLS, HEDGES Sec. 6-186. -Permit required. Plans showing the location of any proposed fence or wall in excess of one hundred dollars ($100.00) cumulative value and the type of construction shall be submitted to the building official and a permit obtained therefore from the building official. Sec. 6-187. -Construction materials. Fences and walls constructed within the city shall conform to one (1) of the following: (at) Wood fences constructed of rot-and termite-resistive species of wood or chemically pressure-treated to resist rot and termite attack. (b2) Street posts and wire fabric fences with fabric of a minimum of eleven gauge galvanized or other non-corrodible metal. (c3) Ornamental iron. City of Winter Springs Ordinance No. 2012- Page 41 of 52 (d4) Ventilated concrete or masonry. (e5) Decorative PVC or aluminum,structurally sound to maintain spans and one hundred tcn (110) mph wind load. Sec. 6-188. -Exceptions to section 6-187. Where In the R-CI (Single-family dwelling district) zoning classifications, which allows within the city allow for horses, barbed wire fences will be permitted as well as fabric fences with fabric of less than a minimum of eleven-gauge galvanized or other noncorrodible metal. Sec. 6-189. -When barbed wire permissible. In the I-1 (Light Industrial)zone areas where security fences are permitted,barbed wire may be used above six(6) feet with approval of the building officials. Sec. 6-191. -Corner lots. _• • • • . • • • . • • , •• • . (a) In order to ensure visibility and safety for pedestrians,and to provide clear sight lines for traffic entering an intersection,To avoid thc obstruction of clear vision around or through corners on corncr lots, no fence, wall or other visual obstruction hedge shall be erected, planted or grown within twenty-five(25)feet of the intersecting property line corner adjacent to the street intersection corners. (b) When the side of the principle structure on a corner lot faces a road right-of-way on which adjacent dwellings have frontage, then any fence located on the corner lot shall be subject to the height limitations set forth in section 6-190(a) to permit a clear field of visibility for pedestrians and/or vehicles entering or exiting the adjacent property. Sec. 6-192. -Utility easements. (a) It shall be lawful for any person to enclose or fence any utility easements;provided, however, that adequate access must be provided thereto by the fence owner. If it becomes necessary to cut a fence or remove walls for the purpose of installation of new utilities or repairing or maintaining installed utilities,it shall be the responsibility of the property owner to repair or replace the fence or wall to the condition existing previous to the installation, repair or maintenance the utility company involved shall be responsible to repair or replace thc fence or wall to thc condition existing previous to thc installation,rcpair or maintcnancc. City of Winter Springs Ordinance No. 2012- Page 42 of 52 (b) A dedicated right-of-way shall not be fenced by any private citizen. Ilowcvcr, and only whcn it is dctcrmincd by thc city commission that fcncing, in whole or in part, of a public right-of-way is ncccssary to protcct thc health, safcty, and welfare of thc citizcns of -- - •- : .. . '- '• . .I • • • • .•• citizen to crcct a fcncc on a dcdicatcd right-of-way contiguous to that citizcn's property. Requests for such conditional usc to this scction shall bc decided pursuant to thc criteria proccdurcs sct forth in Chaptcr 20 of thc City Codc. ( c) Any fcncing approved by conditional usc to bc erected on a dcdicatcd right-of-way shall be constructed according to plans approved by the city staff, with gates adequate to allow access to maintenance vehicles.All costs incurred in fencing thc right-of-way shall be borne by thc contiguous property owner to whom thc conditional usc may be granted. The fcncc shall be maintained in safc condition by the property owner who installed it, and thc fencing whcn removed may be reclaimed by that property owner. (d) Such fences erected privately by conditional use on a dcdicated right-of-way shall not . _- .:_ . - • . _ . - I I I . : . • . • _ _ •. Sec. 6-193. -Distance from property line. Fences, walls or other visible obstructions hedges must be at least three (3) inches from property lines, except adjacent property owners may connect or otherwise attach their respective fences and walls in order to eliminate any gap or space between the fences and walls. The property owner's mutual written consent must be provided on a form acceptable to the city prior to the city permitting any such connection or attachment. Sec. 6-194. -Article provisions not controlling; exception. Provisions of this article do not supersede or control deed restrictions running with the land unless the provisions thcrcin herein are more stringent than in the deed restriction. Sec. 6-195. -Maintenance of fences or walls. All fences and walls and accessories thereto shall be maintained in good order and in a condition equal to that which was originally approved by the building official at the time a building permit was issued. If for any reason the fence or wall was erected without a building permit, said wall or fence shall be maintained in accordance with the conditions and requirements necessary for obtaining a fence or wall permit from the building official under this Article.Within thirty(30)days receipt of written notice by the City that a wall or fence does not comply with the requirements of this section, a property owner shall bring such fence or wall in compliance with this section within thirty(30)days of receipt of such notice.The thirty-day period maybe extended an additional thirty- day period by the City Manager or the City Manager's designee for good cause shown. City of Winter Springs Ordinance No. 2012- Page 43 of 52 ARTICLE VI. 132( SWIMMING POOLS Sec. 6-210. - Florida Building Code. All swimming pools shall be constructed in accordance with the applicable provisions of the Florida Building Code, as may be amended. Thc city hcrcby adopts in its cntircty that ccrtain Southcm Building Codc Congress Jntcrnational, Inc., cxcept as otherwisc provided in this articic. Sec. 6-212. -Application for permit; plans and specifications. Before any work is commenced on the construction of a pool or any structural alteration, addition or the remodeling thereof, an application for a permit to construct such pool, accompanied by two (2) sets of plans and specifications and pertinent explanatory data, shall be furnished to the building official of the city for his approval, and no part of the work shall be commenced until the building inspcctor official has granted such permit to construct and has further evidenced his approval by a suitable endorsement upon such plans and specifications, and no such pool shall be used until final inspection has been made and approved by the building official.The building official shall review such plans and specifications to determine whether they comply with the provisions of this article and with all other applicable codes rcasonablc standards of swimming pool construction. (1) Thc plans, spccifications and pertincnt data rcquircd to bc submittcd in conncction with an application for permit to construct a pool, or any altcration, addition or rcmodcling thcrcof shall comply with thc following rcquircmcnts and includc thc following plans and information, as wcll as such othcr data as may bc rcasonably rcqucstcd by thc building official: a. Plans shall be drawn to scale indicating all dimensions,including the lcngth, width and depth of thc pool and extent of any perimctcr patio slab; - • • 1, __ _ • - . • •• _, ; • _ _ : • othcr piping(including all valvcs and valvc typcs); City of Winter Springs Ordinance No. 2012- Page 44 of 52 d. Thc liquid capacity of thc pool; c. Liquid capacity of any wading pool; f. Thc kind,numbcr and sizc of filtcrs,including thc squarc footagc of thc filtcr arca in cach unit; g. Top capacity of filtcrs in gallons per minute; a - - - - - - - -- - - - - - - - - - - 6- - - - - - - - - - - - - -•rcar sctbacks shall bc shown on this plot plan; L All pump sizcs, capacitics, horscpowcrs and typcs; j. Sourcc of original and make-up watcr; - - - •. ': - : -- - • • .. - • ••• - • 1 . • •._ • • • .. • --; - compactness of thc soil to a depth of twclvc(12)feet;whcn groundwatcr tablc or soil compaction is qucstionable the building official shall require soil test data and such data is to bc utilizcd in making final dctcrmination for rcquiring compliancc with (2)c. bclow. (2) Plans and spccifications for pools must bcar thc seal and signaturc of a rcgistcrcd structural cnginccr liccnscd to practicc in thc state in any or all of thc following instanccs: a. Whcrc pools cxcccd one thousand(1,000) squarc fcct in arca at watcr lcvcl; b. Whcrc pools dcpart from simplc rcctilincar or curvilincar shapc; c. Whcrc any of thc following soil conditions cxist at or ncar thc ccntcr of the . :.:-_: .:: :-: . - ••• - - ••- •- -- : -. . 66-_ : •- • ::sand; silt, silty sand; or sandy silt; marl; clay; pcat; muck or any othcr soil having high scttlemcnt characteristics. Sec. 6-213. -Inspections. (b) The first inspection shall be made after excavation and reinforcing steel or structural framework is in place; second inspection,plumbing rough-in and electrical rough-in; third inspection,pool deck,pool safety inspection,and final inspection,to be made on completion and ready for use. City of Winter Springs Ordinance No. 2012- Page 45 of 52 (c) During construction,all excavation must be enclosed by fencing which is a minimum of five (5) feet high and capable of preventing access by children. This fence must be in place at the time of the first inspection and remain in place until the pool is completed. This fencing may be of temporary construction or it may be of the permanent type required pursuant to Florida law by scction 6-217 above. If of temporary construction, it must be replaced by the permanent enclosure required by Florida law scction 6-217 of this article prior to issuance by the building official of final approval of the pool. Sec. 6-215. - . Reserved. Any bona fidc property owncr may construct,rcmodcl or add to any family pool or cquipmcnt locatcd upon his property which is occupicd as a single-family lcgal rcsidencc,providcd that he shall not be permittcd to build more than one(1)family pool per residcncc within cach calendar ycar and providcd furthcr that hc: (1) Submits two (2) scts of plans and specifications conforming to this Code complctc rcquircd permit fccs; form or supervisc all of thc construction work on his property and rcccivc no compcnsation for his work. Sec. 6-216. - : °-• . i - o . - •o ° : . • - -. Reserved. - : : ,'- : - :- 0 „' : ; rcmodcling thcrcof unless thc following dcsign and construction rcquircmcnts arc obscrvcd in such construction and such pool shall be constructcd and maintaincd in conformity with thc following rcquircments: (1) All pool design and auxiliary equipmcnt shall conform gencrally to thc minimum standards of the National Swimming Pool Institute(latcst edition). Whcrc diving cquipmcnt is installed, thc spccifications shall in evcry instancc comply with the minimum standards standards, no diving board shall be more than one (1)meter above the water's surfacc. -. -, - . - - - • ._ -: •_- - -_• • : . • -. ..: • -- .: _• and impact loads. City of Winter Springs Ordinance No. 2012- Page 46 of 52 (3) All pools constructcd in an arca of which residual groundwatcr crcatcs hydrostatic may bc properly attachcd. matcrial or finishcs. (5) Stccl, plastic, fibcrglass, aluminum and othcr pool structures othcr than concrctc, shall bc considered as rcquiring spccial considcration of thc building official in cach casc, ': • _:• : . : .. ; ..: - . • '. , :•• _ _ . (6) Every pool constructcd, or hcrcafter repaired, shall be equippcd with a filtration systcm which shall be dcsigned and be capable of filtcring and recirculating thc entire volume of the pool water capacity during a twclve-hour period. - . . . . .: '. •- : .. • . • ... . . ••: . , - ... • minimum of three(3)inchcs in ten(10)feet and shall bc designed and made in such manncr that all scum, splash and dcck watcr shall not return to the pool exccpt through the filtcr system. Sec. 6-217. - . Reserved. - ' hcight of fivc(5)fcct. Thc fcncc or wall shall bc constructcd in such a manncr so as not to bc easily . . • . : • . :' : • • • . . . . .. . . . .. . . . • • . • hcight as thc fcncc or wall and cquippcd with a sclf-closing and sclf-latching closurc mcchanism at a hcight abovc thc reach of toddlcrs. Thc gate shall bc locked or latchcd at all timcs whcn thc pool is unattcndcd. Sec. 6-218. - - - • . -•; - ; - a - All concrctc pools shall be dcsigned in accordancc with requirements of Scrial Designation ACI No. 318-63, as published by the American Concrete Jnstitutc. (1) Pool walls and floor slabs shall bc constructed not lcss than four(4)inchcs and five (5) inchcs respectively and contain a minimum of not less than three-eighths-inch rcinforcemcnt steel rods on twelve-inch ccntcrs,in both dircctions. Such rcinforcing shall be sccurcly supportcd at approximate mid-dcpth of base slabs and walls prior to and following placing concrctc. City of Winter Springs Ordinance No. 2012- Page 47 of 52 -- - - I - I ' thrcc thousand(3,000)pounds per square inch at twcnty-cight(28) days, with a maximum slump of four(4)inchcs. Concrctc shall bc kcpt wct for fivc (5) days aftcr placing. Sec. 6-220. -HectricaFrequirementsT Pool removal. The removal of a pool shall involve the complete removal of the pool's structural shell, as well as all related equipment and appurtenances. The site shall be restored to its original condition at approved grade. (a) All aboveground clectric wiring not in rigid mctal conduit adjacent to thc pool shall highcr)and shall not be lcss than a horizontal distancc of five(5) feet from thc pool water's wcathcrproof out-door type with grounding sockcts, attachcd to rigid mctal conduit and locatcd a minimum of twclvc(12)inchcs abovc thc ground or patio(whichcvcr is highcr)and shall bc placcd a minimum of fivc (5) fcct from thc pool watcr's cdgc. , • • ... . .:: .• • . _ . . : shadowcd as to prcvcnt cxposurc of dircct lighting upon adjoining prcmiscs. Sec. 6-221. - Reserved. (a) Thcrc shall bc no cross conncctions of thc drinking watcr supply with any othcr sourcc of water supply for thc pool.Any linc from thc drinking watcr supply to thc pool shall bc protcctcd against backflow of pollutcd watcr by mcans of an air gap and shall dischargc at least four and one-half(41/2)inchcs abovc thc maximum high-water level of thc makc-up tank or the pool. (b) All backwash watcr, overflow and pool cleanings must bc conncctcd to thc scwcr - •- - •• _ _ • -- : .:' : . _, • • . _ _ :, • : : • ••_ : .. • •_: . • • street, alley, sidewalk, guttcr, public rescrvation or open lot in thc city. Pool watcrs not cmpticd into scwcrs shall bc completely containcd upon thc pool owncr's property. ARTICLE X. CAS CODE City of Winter Springs Ordinance No. 2012- Page 48 of 52 Sec. 6-240. - Reserved. -- - -- - - -- • -- •• ii - : I - -- --- - - -- - '- - - - - - -- - -- othcrwisc provided in this article. Sec. 6-241. - Reserved. -- ,I- - - " •• - . . - • -•- Luilding inspector. Sec. 6-242. -Gas inspection. Reserved. - ..' •' -: •_.: --- - - - ; -- . . _ ; --I_- ; --, --._ • 6- -- - • - I - - ; —_ • .-.- -- - - - - - - - - -- - - - - - - -I -- - .- - ' -' - - - -' Sec. 6-243. -Fees. Reserved. .. '-; '; -- ; - :;- ,- --- - - -: .- • . - .: -: . • : : ow Is - :;- ,- --- -- ;' -- arc on file in the city clerk's office. ARTICLE XI. RESERVED ARTICLE VII. XII. CITATIONS; UNLICENSED CONTRACTORS; FAILURE TO OBTAIN BUILDING PERMIT Sec. 6-271. -Findings. The city commission of the City of Winter Springs hereby finds: (at) The commencement or performance of work for which a building permit is required without such building permit being in effect creates a grave threat to the public health,safety, and welfare and jeopardizes the safety of occupants of buildings. (b2) The performance of construction by contractors who are not duly licensed, when a contracting license is required, may pose a danger of significant harm to the public when City of Winter Springs Ordinance No. 2012- Page 49 of 52 incompetent or dishonest unlicensed contractors provide unsafe, unstable, or short-lived products or services. Sec. 6-273. -Citation form. A citation issued by a code enforcement officer shall be in a form prescribed by the city commission by resolution, and shall contain at a minimum: (at) The time and date of issuance. (b2) The name and address of the person to whom the citation is issued. (c3) The time and date of the violation. (d4) A brief description of the violation and the facts constituting reasonable cause. (e5) The name of the code enforcement officer. (f6) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. (0) The applicable civil penalty if the person elects not to contest the citation. Sec. 6-277. -Correction of violation; payment of penalty; notice of hearing. Upon receipt of a citation, the person charged with the violation shall elect either to: (at) Correct the violation and pay to the city the civil penalty in the manner indicated on the citation; or (b2) Within ten (10) days of receipt of the citation, exclusive of weekends and legal holidays, request an administrative hearing before the city's code enforcement board to appeal the issuance of the citation in accordance with the procedures set forth in this article. Any request for an administrative hearing shall be made and delivered in writing to the city manager by the time set forth in this subsection.Failure to request an administrative hearing in writing within the ten(10)day time period shall constitute a waiver of the violator's right to an administrative hearing. A waiver of said right shall be deemed an admission of the violation, and penalties shall be imposed as set forth on the citation. City of Winter Springs Ordinance No. 2012- Page 50 of 52 ARTICLE VIII. XIII. INTERNATIONAL PROPERTY MAINTENANCE CODE Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission,or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Transmittal of Local Amendments to Administrative Provisions of Florida Building Code to Florida Building Commission. Within 30 days of adoption, the Community Development Director, or his designee, shall transmit a copy of this Ordinance to the Florida Building Commission, as required by section 553.73(4)(a), Florida Statutes. Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical,typographical,and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. [ADOPTION PAGE FOLLOWS] City of Winter Springs Ordinance No. 2012- Page 51 of 52 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2012. CHARLES LACEY, 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 Attorney First Reading: Legal Ad Published: Effective Date: City of Winter Springs Ordinance No. 2012- Page 52 of 52