HomeMy WebLinkAboutOrdinance 2019-08 - Construction Site ManagementORDINANCE NO. 2019-08
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the enforcement of the Florida Building Code is the responsibility of local
governments; and
WHEREAS, the City of Winter Springs actively participates in the enforcement of building
construction regulations for the benefit of the public health, safety and welfare; and
WHEREAS, the City of Winter Springs desires to facilitate the enforcement of the Florida
Building Code by enacting administrative and technical amendments which meet the needs of the
citizens and businesses of Winter Springs and protect the public health, safety and welfare, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SES IN COLINTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Commission of the City of
Winter Springs.
Section 2, Code Amendment. Section 6-88 of the City Code is hereby created to read as
follows- (underlined type indicates additions to the City Code and stiikeou+ type indicates deletions,
while asterisks (* * *) indicate a deletion from this 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):
City of Winter Springs
Ordinance No. 2019-08
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CREAM
See. 6-88. — Construction Site Management. Unless otherwise preempted by state or federal la'",
the followina, construction site manaaement rectuirements shall apply to coiistrnuicgitiiqn-prgigcLts ruithin
the -jurisdictional limits of the city.
and completion schedule prior to the approval of a building permit or during the process of
completing any active or inactive construction or demolition project. The management -plan sliall at a
mini LIUMrovide specific information outlining the location of construction worker
-oarking. construction eguipment, material storage and temporary structures on
the site under construction or on nearby properties, and methods of debris removal includin
cozzapliance 4vith the city's waste franchise agree ent. Additionally, traffic routes to and from
the site, pedestrian safety barriers and fencing shall be included on the management.plan and shall be
identified for approval. The management -plan must also reflect where displaced public or private
parking is temporarily located during the tern -i of the project to the maximum extent feasible. The
plan is subject to review and approval by the building official. Failure to coniply with the
approved management plan shall constitute a -violation of this section. The
aDDroved mann .gement..p.l,an must be kc tat the constzuction site and be available at all tiz�tcs durin 3
the construction nrocess and be made available to the buildim, official or cit ins actors,
(b) , Tenworary toilet aciliti s r a cork r.s. Suitable tetr ora toilet facilities as determined by
the building official in reliance upon normal industry standards shall be rovidcd and rnaintaincd ia
sanitary condition for the use of workers dur n,,a construction. Such facilities may include a temporary
hook-up to the city sewer system or a portable toilet unit and shall only be located on the
construction site after the building permit has been issued and construction has commenced. If
construction becomes inactive on the site for more than a two week time eriod the uildin official
mav require that the temporary toilet be removed from the site until such time reasonable assurances
have been provided that active construction has resumed on the site. Such facilities shall be rggglarly
cleaned and provided in a well -ventilated location and shall be-21aced at least 15 feet from the side
pro rt line of the lot on which it is located where practical, may not be placed in the public right-
of-way and shall be screened from view when required and to the extent practicable. The -location of
'let facilities on the vroDertv may be changed. by the building official to recogn ,
tem Drag tot I mze
unique conditions or a less offensive location for pedestrians and n6ghbors.
(C) Contractor/Owner Responsibilitv, The contractor and own gEDf_qny active or
inactive construction project shall be responsible for the clean-up and removal of
all construction debris or an other miscellaneous discarded articles durin the entire duration of the
construction project and prior to receiving final inspection approval. Construction iob sites must be
kent clean, free of overgrown weeds and grass over 12 inches in height, and the accumulation
of construction debris must not retrain
accumulation of trash and litter and other miscellaneous discarded articles not go� �,stitutin,
construction containers. papers, towels,clothing,
City of Winter Springs
Ordinance No.20 -ofd
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plastics, etc.) must also be cleaned daily and placed in a separate on-site reeeptqcic, Trash and litter
shall not be discardedinconstruction debris containers and roll -offs. The on-site litter/trash
receptacle service must be paid for by the contractor and emptied at least once a week by the cit; 's
solid waste franchise hauler or more often in a timer v fashion so there is no overflow of trash and
litter. Off-site trash and litter generated by the contractor and workers must be -nicked-UD and cleaned
Bail v and Dlaced in the on-site trash/litter receptacle. Public trash receptacles are not intended to
handle trash and litter acnerated from, construction sites so the contractor and workers shall not use
such receptacles for their trash. The contractor is responsible for their workers overburdenjpg_pjjl c
off site trash recentacles located near the construction site. Dust created during construction or
dernolition must be contained on the site or close proximity to building or structure through wetting
down the dust or materials or through the use of anv alternate means that prevents dust from leaving
the property. Violation of any of these conditions shall authorize The h]j�Idjng official �toja�eea sto
work order on such jobs in violation of this section and require removal of debris and overg-rowth,
and correction of dust accumulation on site and adjacent properties or streets.
(d) Final site clean-up; Repair damygetri , Public Property. The contractor and owner,
"on completion of a b emove all Walkways
debris and all other obstructions and leave such oublic nropertv in as good a condition as it was
before work was commenced and shall replace all broken curbs sidevPalks or other �darnqgedub�jic
utilities or nronerty to the satisfaction of the building official prior to obtaining a certificate of
occupancy/completion .or within 14 calendar days from notification if no certificate of
Deco ane loom lesion is issued. Failerre to correct damaged public property will result in the cit
taking action to make corrections and all costs incurred will be charged to the contractor and owner.
and a lien will be placed against the property for the costs of repairs.
(e) leer uirernews during neither— einergency. It is the responsibility of the owner and contractor
to have removed construction materials from the m-oiect site or secured construction materials at the
ro'ect site at least hours ror to the redictd landfall of a tropical stonn, or hurricane until the
time set forth in subsection () below.
(1) A p�21icq fall of a, tronleal storm or
hurricane for any portion of Seminole County Florida, as determined bv the National Weather
Service, National Hurricane Center or appropriate weather agency or as provided in the cit 's
emergency lan- or upon order of the building official in anticiDation of a storm emergency; all
construction materials, including roof tiles, on all project sites within the cit shall lie secured and
stored onsite in a safe manner or removed so that no material can become a safety hazard with
hurricane or_trg&ALjtgnRforce winds.
(2) Notice, Media broadcasts or notices issued by the National Weather Service or National
Hurricane Center of an aonroachin2 troDical storm or a hurricane is hereby deemed notice to the
owner or contractor. The owner and contractor are responsible for the project site by securing on-site
or removimx fi-orn the site any construction materials or debris or trash and litter to a groat the
effect of hurricane or tropical storm force winds. By holding a building permit dudRg_jjjnjcane
season. the contractor shall rnorritor teIatorral Weather Service and the National Hurricane Center
for weather gnjigrcncies.
(3) Inspection. A pre -storm, inspection shall be required for all active construction sites
involving exterior work andJor exterior storage of materials. The owner and contractor shall be
resnonsible for insuring that the construction site has passod ins pgcti.
on -prior to the issuance of a
City of Winter Springs
Ordinance No. 2019-08
Page 3 of 7
tronical ston-ri warning or hurricane warning. The owner or contractor shall. be available by -phone
until the site has passed the pre -storm inspection.
(4) Materials stockpiled on site. Materials stock iled on any construction site shall be
handled as follows:
a. Band construction materials together and fasten them to the structure in such a manner to
prevent the material from becoming airbome during a tropical storm or hurricane or
m
c. Remove construction materials from theprct site; or
d. Store construction materials inside a structure if said structure is secure from tropical or
hurricane force wind loads.
(5) Dumpsters. The contents of construction site darn eters noose be removed or we kited and
secured with rope, mesh or other durable, wind resistant material.
(6).1"emporqrjtoilets. Temporary portable toilets shall be secured to the structure, duan ster
or emptied and laid horizontal and secured to the ground.
(7) Rooting Materials — Hurricane Season. burin the National Weather Service designated
hurricane season, building or roofing materials shall not be loaded on a roof earlier than ten -w
prking
days prior to the ermanent installation of th Is.
(8) Material-c.,oable oj'becoming g airborne- Construction materialsdebris or an material
capable of becoming airborne shall remain secured and stored on the project site or shall be removed
from the Droiect siteuntilthe National Weather Service, National Hurrieane Center or the ci
through local action has removed all portions of the city from those areas included in a tropical storm
warning or hurricane warning. Comtractoas shall not resuzrte construction oat an construction site
until the site is brow ht into compliance with the construction site management plan.
Temporqr-v construction knce. A temporary construction fence screening the construction
site shall be erected and maintained in faood order at all times. The tem ora U construction fence shall
be erected and coag pletely in place as a requirement for the issuance of a building, Remlit and prior to
the be innin of const coon activities. Tlae tem ora construction fence shall be removed when
construction has been completed, The temporary construction fence shall be six feet chain link fence
with a screening, material attached to visuallv screen and minimize im-oact to neigLhboring Properties
which may be affected by construction site dust and debris. The chain link and screenine material
must be constructed and maintained at ground level to mitigate against ground level windblown dust
and materials being blown off-site. If the construction site is located on an arterial or collector road
and is not located within an existim-, residential area the screening material facing the arterial. o.
collector road mav tcmt)orarilv deDict on-site information about the rovided the infonn-ation
is limited on no more than 25% of the screening material facing the arterial or collector road. A
fence remit is required to be issued for the temporary construction fence and the fence installed
ins and the fence pennit must be closed -out by the building official nrior to the issuance of a
buildin2 Permit.
City of Winter Springs
Ordinance No, 2019-09
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(1) A teinnorary construction fence will be required for all new construction, demolitions and
substantial renovations unless the building official deterraines all or portion of the fendn&JL_not
required to protect or screen neighboring vjgpertics.
(2) Work beim-, done within the unit is gxcm t from this reuirement.
----------- q__
3 Individual lots bels constructed i, a new
residential or commercial subdivision are
exempt fron-i being individually screened under the requirements of this section. However the outer
perimeter of the new subdivision is subject to the requirements unless otherwise detennjggA_hy_the
buildine official pursuant to subsection (1) above.
(4) Work on Dools. Dool installations or substantial renovations will require a tens oras
construction fence at all times to avoid health and safety hazards. Also pools undergoing renovations
and new pools bein2 installed must be emptied of accumulated water at all times.
(g) frosion and run-off eontrol
Elimination Systern (NP,DES) Demut requirements, prior to beginning any clearing, grubbing. or
construction the contractor shall submiLA--pin
(Erosion and Sediment Control Plan) detailing the location and handlinE, of materials, soils and
outlinin2 the actions to be taken to prohibit run-off of dirt, sand, fluids, vegetation or any other item
into the city's stormwater system or onto adjacent property, roadwa s and waterways. Piles of soil,
erected barriers, temporary detention areas or any other methods approved by the city. shall provide
for a containment area to reduce run-off.
�h) Violations: Enfbrcement.
f 1) _ The contractor and propefty owner shall be joint and severally reqs�Donsible �qndjiablc
for the requirements of this section and any violation thereof.
(2) Failure to abide by the provisions of this section shall constitute a violation of the
City Code, and are subject to the enforcement procedures and joenalties set forth in ghapter 2.
Division 2of the Cit Code. Each da a violation continues shall be deemed a separate violation.
official or desi gnee through the issuance
of a stop work order in accordance with the procedures in the Florida Building Code-,. oran order r
to
repair, restore or demolish the work, to vacate the premises, or otherwise abate the violation.
(4) An violation of this section is subject to abatement as a public nuisance.
(5) The provisions of this subsection are cumulative with and in additional to any other
reined provided by law.
(6) The cit may recover as costs of repairs or compliance, the costs associated with the
city securing job sites and correcting an violation of this section. Failure of the contractor or owner
to reimburse the city for said costs within thirtv (30) davs of written notice by the City. the city may
collect said -costs in accordance with law and the costs shall also constitute a lien on the Dropgrty
until raid in full.
City of Winter Springs
Ordinance No. 2019-08
Page 5 of 7
Section 3. Conforming Amendments to Section 6-31, of the City Code. Sec. 6-31. -
Administrative amendments to Chapter I of the Florida Building Code, Subsection 110.3 of the City
Code is hereby amended to read as follows: (underlined type indicates additions to the City Code and
strikeout type indicates deletions, while asterisks 'Indicate a deletion from this Ordinance of
text existing in Section 6-3 1. and Subsection 110,1 It is intended that the text in Section 6-3 1 and
Subsection 110.3 denoted by the asterisks and set forth in this Ordinance shall remain unchanged
from the language existing prior to adoption of this Ordinance):
110.3 Required inspections. The building official, upon notification from the permit holder or his or
her agent shall make the following inspections, and sneh other inspections as deemed necessary and
shall either release that portion of the construction or shall notify the pen -nit 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.
FA�
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
a
ordinances and resolutions adopted by the City Commission, or parts or ordinances and resolutions in
conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Incorporation into Code. This Ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph, number or letter, and any heading may be changed
or modified as necessary to effectuate the foregoing, 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 deerned a
separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
City of Winter Springs
Ordinance No. 2019-08
Page 6 of 7
Section 7, Effective Date. This Ordinance shall become effective upon adoption by the City
Commission of the City of Winter Springs, Florida, and pursuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assemble d on the l3th day of May, 2019.
Chkai:k'sM-�-Y'6
ATTEST:
An d r orenzo-Luares, City Clerk
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FORTHE CITY
OF WINTFR'NGS ONLY:
Anthony A. 4�argancse, City Attorney
City of Wiiiter Spriliclgs
Ordinance No. 2019-08
Page 7 of7
Legal Ad- May 2, 2019
First Reading: AL)ril 29, 2019
Second Reading: le�.3�201 9