HomeMy WebLinkAbout11-16-2001 Proposed Ordinance to ammend Chapter 6 City of Winter Springs 3RECEIVED
N O V 19 2001
BROWN, WARD, SALZMAN & WEISS, I ° 1TY HALSPRINGS
ATTORNEYS AT LAW
Usher L. Bro%,,,n •
John H. Ward •
Gary S. Salzman*
Jeffrey S. Weiss
Suzanne D'Agresta
Anthony A. Garganese°
Scott D. Danahy
Alfred Truesdell
Arthur R. "Randy" Brown, Jr.'
Brett A. Marlowe
Jeffrey P. Buak
Kristine R. Kutz
Joseph G. Colombo
Debra S. Babb
Gregory A. Hass'
Cheyenne R. Young
Joseph E. Blitch
• Board Certified Civil Trial Lawyer
° Board Certified Business Litigation Lawyer
0 Board Certified City, County & Local Government Law
Board Certified Labor & Employment Law
November 16, 2001
Charles Carrington
Community Development Director
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799
Re: Proposed Ordinance to Amend Chapter 6
City of Winter Springs - General
Our File No.: 1193
Dear Charles:
Two Landmark Center
225 East Robinson Street, Suite 660
Post Office Box 2873
Orlando, FL 32802-2873
(407) 425-9566
(407) 425-9596 FAX
Email: firm@orlandolaw.net
Website: www.orlandolaw.net
As you are aware, the Florida Building Code is to be effective January 1, 2002. This new
code is designed to be a unified state-wide code which will supercede all local codes and
automatically sunset Winter Springs's building regulations upon it becoming effective. Local
jurisdictions are charged with the administration and enforcement of this new building code, and
therefore have been given the opportunity to make administrative amendments to the Florida Building
Code such that the same can be administered and enforced.
lV:
Charles Carrington
November 16, 2001
Page 2
The proposed ordinance, with attachment, is designed to repeal all sections of the City's
current code which will become ineffective following the effective date of the Florida Building Code.
Additionally, it adopts administrative amendments to the Florida Building Code, specifically
administration (chapter 1, FBC), definitions (chapter 2, FBC), as well as the wind load (chapter 16,
FBC) and flood resistant construction (chapter 31, FBC).
The amendments contained in this ordinance were primarily derived from the
recommendations of the Florida Building Official's Association and were approved by Dennis as
acceptable. Many of the provisions to be adopted are similar to the current regulations and provide
Dennis with the tools necessary to interpret and enforce the provisions of the code. The Florida
Building Commission specifically left these amendments to the discretion of the local jurisdiction
We have sent a facsimile version of this ordinance and attachment to Andrea to hold a spot
on the agenda for the next commission meeting. We are providing you with a proposed agenda
memorandum for your use. If you have any questions please do not hesitate to call our offices.
Very truly yours,
J y P. Buak
Assistant City Attorney
JPB/jd
Enclosures:
Ordinance
Attachment
cc: Anthony A. Garganese, City Attorney (w/o enclosures)
Andrea Lorenzo-Luaces, City Clerk (w/enclosures)
Dennis Franklin, Building Official (w/o enclosures)
F \DGCS\City of Winter Springs\General\Correspondence\Carington, CharlesTlotida Bwlding Code Ur 11-16-01 jp6.jd
COMMISSION AGENDA
ITEM G
November 26 2001
Meeting
Mgr. / Att. / Dept.
REQUEST:
The Community Development Director and City Attorney present to the City Commission for a first
reading Ordinance No. 2001-57 that would amend Chapter 6 of the Winter Springs Code of
Ordinances entitled Buildings and Building Regulations and repeal Chapter 8, in response to the
implementation of the Florida Building Code.
PURPOSE:
The purpose of this Agenda Item is to request the City Commission to consider an Ordinance
amending the City of Winter Springs Code. Section 553.73 Florida Statutes (2001) provides for the
adoption of a unified state-wide building code, which supercedes all local regulations and becomes
automatically effective on January 1, 2002. As a result, the following Articles of the City Code need
to be repealed and administrative amendments adopted, to facilitate the local enforcement of the
Florida Building Code. Specifically repeal of Chapter 6, Article I In General; Article II
Administration; Article 111, Building Construction Standards; Article IV, Electricity; Article V,
Plumbing; Article VI, Mechanical; Article IX, Swimming Pools; and Article X, Gas Code, and
Chapter 8, entitled Flood Damage Prevention.
APPLICABLE LAW AND PUBLIC POLICY:
Chapter 553, Florida Statutes providing for the adoption of a unified statewide building code, and
providing for local administrative and technical amendments. Florida Building Code adopted under
Page 1 of 2
CONSIDERATIONS:
Ordinance No. 2001-57 is necessitated by the implementation of the Florida Building Code which
supercedes all local Building Codes.
STAFF RECOMMENDATION:
The Community Development Director and City Attorney recommend a second reading, public
hearing, and approval of Ordinance No, 2001-57.
ATTACHMENT: Ordinance No. 2001-57
COMMISSION ACTION:
F:\DOCS\City of Winter Spnngs\Agenda\Florida Building Code 11.26-01 Mtg.jd
Page 2 of 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA REPEALING
CHAPTERS OF THE CITY CODE, ENTITLED FLOOD
DAMAGE PREVENTION, IN ITS ENTIRETY AND
AMENDING CHAPTER 6 OF THE CITY CODE, ENTITLED
BUILDINGS AND BUILDING REGULATIONS BY
PROVIDING FOR THE REPEAL OF ARTICLE I, IN
GENERAL; ARTICLE II, ADMINISTRATION; ARTICLE III,
BUILDING CONSTRUCTION STANDARDS, ARTICLE IV,
ELECTRICITY; ARTICLE V, PLUMBING; ARTICLE VI,
MECHANICAL; ARTICLE IX, SWIMMING POOLS; AND
ARTICLE X, GAS CODE AND THROUGH THE ADOPTION
OF A NEW ARTICLE I, TO CHAPTER 6 OF THE CODE OF
ORDINANCES, ENTITLED ADMINISTRATION, AMENDING
THE FLORIDA BUILDING CODE; PROVIDING FOR THE
ADOPTION OF A CITY WIDE WIND SPEED AND
LOCATION OF WIND SPEED LINES; PROVIDING FOR THE
ADOPTION OF APPENDICES TO THE FLORIDA BUILDING
CODE; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR INCORPORATION INTO THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Florida Building Code Act of 1998 directed the Florida Building
Commission to establish a statewide uniform building code known as the Florida Building Code; and
WHEREAS, the Florida Building Code has been adopted by the Florida Building
Commission in accordance with Chapter 120 of the Florida Statutes, and has an effective date of
January 1, 2002; and
WHEREAS, the Florida Building Code is applicable to the construction, erection, alteration,
modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition
of every public and private building, structure or facility or floating residential structure, or any
appurtenances connected or attached to such buildings, structures or facilities within the State of
Florida; and
WHEREAS, the Florida Building Code is to be administered, interpreted, and enforced by
local jurisdictions; and
WHEREAS, the Florida Building Code supersedes all local codes and automatically sunsets
local regulations upon its effective date; and
Page 1 of 19
WHEREAS, the Florida Building Code provides local jurisdictions, under certain defined
conditions, the ability to amend administrative and technical requirements of the code, so long as the
same are more stringent and nondiscriminatory in nature; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section I. Recitals. The foregoing recitals are hereby fully incorporated herein by the
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Repeal Code. The City of Winter Springs Code, Chapter 6, Article I, In
General; Article II Administration; Article III, Building Construction Standards; Article IV,
Electricity; Article V, Plumbing; Article VI, Mechanical; Article IX, Swimming Pools; Article X, Gas
Code, and Chapter 8 in its entirety are hereby repealed upon the effective date of the Florida Building
Code. A copy of these articles has been attached as Composite Exhibit "A" for reference purposes.
Section 3. Code Amendment. The City of Winter Springs Code, Chapter 6 is hereby
amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while
asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 6. It is intended
that the text in Chapter 6 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this Ordinance)
CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS*
ARTICLE I. ADMINISTRATION
Sec. 6-1. Administrative Amendments to the Florida Building Code. Chapter 1 of the
Florida Building Code, as provided for in Section 553.73. Florida Statutes (2001), is hereby
amended to 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 )
Ua 101.4.13 Rules of construction. The rules set out in the Florida Building Code and this
chapter shall be observed unless such construction is inconsistent with the manifest intent of the
code or this chapter. The rules of construction and definitions set out here shall not be applied to
any section of the Florida Building Code or this chapter which contains any express provisions
excluding such construction or where the subject matter or content of such section would be
City of Winter Springs
Ordinance No.
Page 2 of 19
inconsistent with this section.
L1.1 101.4.13.1 Generally. All provisions terms phrases and expressions contained
is cha ter shall be liberally r.nnOmpei ;n ,.,A-- 4-w.., aL_
101.4.13.2 Text. In case of an difference of meanin or im lication between the
text of this chapter and any figure the text shall control
(1) 101.4.13.3 Delegation of authority Whenever a provision appears requiring the
building official or some other officer or employee of the City to do some act or perform such
duty, it is to be construed to authorize the building official or other officer to designatesgate
and authorize professional level subordinates to 12erform the required act or duty unless the t
of the provisionspecify otherwise. or section specotherwise erms
f1 102.2 Building Division. There is hereby established a division of the Conununity
Development Department called the Building Division The Building Division shall be lead by the
building official who in turn will report to the community development director.
L11 102.2.1 Building official qualifications The building official shall be licensed
in accordance with Chapter 553 Florida Statutes 2001 and as mgy be amended as a Buildin
Ly
Code Administrator by the State of Florida
L1 102.2.3 Employee qualifications The community development director, with
the approval of the city manager, may appoint or hire such number of officers inspectors plans
examiners and other assistants to the building official as are needed from time to time rovided
such person shall not be appointed or hired as either an inspector or plans examiner unless that
person meets the qualifications for licensure as an inspector or plans examiner as established in
Chapter 553, Florida Statutes (2001) as may be amended
Uc1 103.1 General powers and duties of the building official The building official is
hereby authorized and directed to enforce the provisions of the Florida Building Code and this
chapter. The building official shall have the authority to render interpretations of this code and
with the approval of the community development director to adopt policies and procedures in
order to clarify the application of provisions of both the Florida Building Code and this chapter.
Such interpretations, policies and procedures shall be in compliance with the intent and purpose of
this code and shall not have the effect of waivine re uirements specifically rovided for the
Florida Building Code
LI ) 103.2 Right of entry.
City of Winter Springs
Ordinance No.
Page 3 of 19
Buildin official or an authorized desi nee ma enter an build' structure or
premises at all reasonable times to make an inspection or enforce an of f the
rovisions of the Florida Buildin Code or this cha ter. In cases of emer encies or
exi a it circumstances where extreme hazards are known to exist the building
official may enter the buildin structure or nrprmqpo at an time.
When attem tin to enter a buildin structure or premises that is occupied. the
building official or authorized designee shall first identify himself or herself dis la
Proper credentials and request entry If the building structure or premises are
unoccu ied the buildin official shall first make a reasonable effort to locate the
owner or other ersons Navin char e of the buildin and re uest -ntrw If ent is
refused or if the owner or other nprcnne havin char a of an unoccu ied buildin
cannot be located the buildin official shall have recourse to evry remed
provided by law to secure entry including an inspection warrant
(� When the buildin2 official or authorized de-- nee shall have obtained permission to
enter secured an ins ection warrant or obtained another remedy r wided by law
to secure ent1y, no gersoi shall fail after proper credentials are dis la ed to
promptly permit entry into the building structure or premises by the building
official or authorized designee for the PuEpose of inspection and examination
pursuant to this code. Any person violating this section may be prosecuted within
the limits of the law.
Q 103.4 Revocation of permits. The building official is authorized to suspend or
revoke a permit issued under the provisions of this code or chapter wherever the permit is issued
in error or on the basis of incorrect inaccurate or incomplete information or in violation of an
ordinance or regulation or any provisions of the Florida Building Code or this chapter.
103.4.1 Misrepresentation of application The building official may revoke a
permit or approval, issued under the provisions of the Florida Building Code or this chapter, in
_case there has been any false statement or misrepresentation as to the material fact in the
application or plans on which the permit or approval was based
103.4.2 Violation of Florida Building Code provisions The building official
may revoke a permit upon determination by the building official that the construction erection
alteration repair, moving, demolition installation or replacement of the building structure
electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of
or not in conformity with, the provisions of the Florida Building Code or this chapter,
U 104.1.6 Time limitations. Except as otherwise provided in this chapter an application
for a permit for any proposed work shall be deemed to have been abandoned and shall expire and
become null and void six (6) months after the date of filing for the permit or plan approval
City of Winter Springs
Ordinance No.
Page 4 of 19
- - ---- `_"' vuuuttl ULLIGlai IOI
provided the extension is request in writing and justifiable cause is demonstrated
.Lej 104.2.1.2 Additional data. The buildin official shall be allowed to re wire details com utations stress dia rams and other data necessa to describe the construction -
installation and the basis of calculations.
M 104.2.4 Site drawings. Drawin s shall show the location of the ro osed buildin or
structure and of eve existin buildin or structure on the site or lot. The building official shall
be permitted to require a boundary line survey prepared by a qualified surveyor whenever the
boundary lines cannot be readily in in the field
W 104.2.5 Hazardous occu ancies. The building official ma re !ire the following:
W General site plan. A general site plan drawn at -a legible scale which shall include
but not be limited to the location of all buildings. exterior storage facilitiespermanent access
ways, evacuation routes parking lots internal roads chemical loading areas equipment cleaning
areas storm and sanitary sewer accesses emergencv equipment and adiace it pro )erty ises. The
exterior storaize areas shall be identified with the hazard classes and the maximum quanikitLM
hazard class of hazardous materials stored.
(Q Building floor plan. A building floor plan drawn to a legible scale which shall
include but not be limited to all hazardous materials stora a facilities within the building and
shall indicate rooms doorways. corridors exits fire rated assemblies with their hourlv rating
location of liquid tight rooms, and evacuation routes Each hazardous materials storage facility
shall be identified on the plan, with the hazard classes and quantity ran a per hazard class of the
hazardous materials stored
Uj 104.4.6 Public right of way. A permit shall not be given by the building official for the
construction of any building, or for the alteration of any building, where said building is to be
changed and such change will affect the exterior walls bans idaizes or
projections fronting on any street alley or public lane or for the placing on any lot or premises of
any building or structure removed from another lot or premises unless the applicant has made
application for right of way permits from the authority having -jurisdiction over the street alleyor
public lane.
01 104.5.1 Permit intent. A permit issued shall be construed to be a license to proceed with
the work and not as authority to violate cancel alter or set aside anv of the provisions of the
technical codes nor shall issuance of a ermit Drevent the building official from thereafter
requiring a correction of errors in plans construction or violations of the Florida Building Code
or this chapter. Every permit issued shall become invalid unless the work authorized by
City of Winter Springs
Ordinance No.
Page 5 of 19
ranted.
fD 104.5.1.5 Expiration of Demolition Permits Permits issued for the demolition of a
structure shall expire sixty60 da s from the date of issuance. Fora on
cause one 1 extension of time fora eriod not exceedin thirt30 da s ma be allowed. Such request shall
be in writing to the buildin official
104.6.4.1 Permit Fees. On all buildings, structures or alterations re j jir;ncr a buildin
permit, a fee shall be paid in accordance with the fee schedule adopted by resolution of the city
commission.
104.6. 6 Building permit valuation If in the opinion of the building official the
valuation of building.alteration structure electrical as mechanical or lumbin systems a ears
to be underestimated on the gp2ligation, permit shall be denied unless the ap AicantSan show
detailed estimates which meet the ap roval of the buildin gm,cial. Permit valuations shall include
total cost such as electrical as mechanical lumbin a ui ment and others stems including
materials and labor. The -permit valuation mav be calculated using the latest Building Valuation
Data published by the Southern Building Code Congress International or other applicable model
code organization at the option of the building official
LMI 105.1 Existing building inspections Before issuing a permit the building official may
examine or cause to be examined any buildiniz, electrical as mechanical orplumbi-ne_sy stems for
which an application has been received for a permit to enlarge alter repair, move demolish
install or change the occupancy. The building official shall inspect all buildings structures
electrical, gas, mechanical and plumbing systems for which a permit was issued The building
official shall make a record of every such examination and inspection and of all violations of the
technical codes.
Ln) 105.2 Manufacturers and fabricators. When deemed necessary bv the building official
the building official shall make or cause to be made an inspection of materials or assemblies at
the point of manufacture or fabrication A record shall be made of every such examination and
inspection and of all violations of the technical codes
U 105.3 Inspection service The building official may make or cause to be made the
inspections required by Section 105 of the Florida Building Code The building official may
accept reports of department inspectors independent inspectors or of recognized inspection
City of Winter Springs
Ordinance No.
Page 6 of 19
services rovided that after investi ation the b, in_g official is satisfied as to their licensure
qualifications and reliability A L__ __ _
v .aqua µla
be certified in accordance to Chapter 468 Florida Statutes.
,W 105.6 Required inspections. The building official upon notification from the permtt holder or the nermlt hnlrher'c aoan* vi ii .. -i_— L— r_„
that 12onion of the construction or shall notify the permit holder or the permit holder's a ent of
an violations which must be,. corrected in order to comply with the technical codes. The buildin
official shall determine the timing and sequencing of when ins ection occur and what elements are
inspected at each inspection
Buildine
1. Foundation inspection: To be made after trenches are
excavated and forms erected and shall at a minimum include the
following building components:
stem -wall
monolithic slab -on- grade
pilin pile caps
footers/grade beams
1.1. Slab Inspection: To be made after the reinforcement is
in place. all concealed conduit piping ducts and vents are installed
and the electrical, plumbing and mechanical work is complete Slab
shall not be poured until all required inspections have been made
and passed.
A foundation survev prepared and certified by a registered
surveyor shall be required for all new construction prior to approval
of the framing inspection The survey shall certify placement of the
building on the site illustrate all surrounding setback dimensions
and shall be available at the job site for review by the building
inspector. In lieu of providiniz a survey the contractor may elect to
uncover all property line markers and strin-up all property lines in
preparation for inspection
2. Framing inspection: To be made after the roof all
framing. fire -blocking and bracing is in place all concealed wiring
City of Winter Springs
Ordinance No.
Page 7 of 19
all pipes, chimnevs ducts and vents are complete and shall at a
minimum include the followln building com onents:
• window/door framing and installation
vertical cells/columns
lintel'tie beams
framing/tn►sses/bracin connectors
draft stoppinWfire-blocking
curtain wall framin
energy insulation
accessibility
2.1. Insulation Inspection To be made after the framing
inspection is approved and the insulation is in place
3. Sheathing inspection: To bg 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 buildin com onents:
• roof sheathing
wall sheathing
• sheathing fasteners
roof/walUdry-in
NOTE: Sheathing fasteners installed and found to be missing the
structural member (shiners) shall be removed and proper
reinstalled pnor to installation of the dry in material
4. Roofing inspection: To be made as two inspections on
the slate or similar roof coverin s or as one ins ection on all other
roof coverings, and shall at a minimum include the following
building components:
d -in
insulation
roof coverings
_ flashing
5. Final inspection: To be made after the building is
completed and ready for occupancy.
City of Winter Springs
Ordinance No.
Page 8 of 19
6. Swimminlipool inspection:
First inspection to be made
after excavation and
installation of reinforcing
steel. bonding and main drain
and prior to placing of
concrete.
Final inspection to be made
when the swimming pool is
complete and all required
enclosure requirements are in
lace.
In order to pass final
inspection and receive a
certificate of completion a
residential swimming pool
must meet the requirements
relating to pool safetX
features as described in
Section 424.2,17.
7. Demolition inspections
First inspection to be made
after all utility connections
have been disconnected and
secured in such manner that
no unsafe or unsanitary
conditions shall exist during
or after demolition
operations.
Final inspection to be made
after all demolition work is
completed.
Electrical
1. Underground inspection: To be made after trenches or
City of Winter Springs
Ordinance No.
Page 9 of 19
ditches are excavated conduit and cable installed and before an
backfill is put in place
2. Rough -In inspection: To be made after the roof
framing, fire -blocking and bracing is in place and prior to the
installation of wall or ceiling membranes
I Final inspection: To be made after the building is
complete, all required electrical fixtures are in place and properly
connected or protected and the structure is ready for occupancy.
Plumbing
-
1. Underground inspection To be made after trenches or
ditches are excavated, piping installed and before any backfill is put
in place.
2. Rough -In inspection To be made after the roof framing
fire -blocking and bracing is in place and all soil waste and vent
piping is complete and prior to the installation of wall or ceiling
membranes.
3. Final inspection: To be made after the building is
complete. all required plumbing fixtures are in place and properly
connected, and the structure is ready for occupancy
Mechanical
1. Underground inspection To be made after trenches or
ditches are excavated underground duct and fuel piping installed
and before any backfill is put in place
2. Rough -In inspection: To be made after the roof framing
fire -blocking and bracing is in place and all ducting and other
concealed components are complete and prior to the installation of
wall or ceiling membranes
3. Final inspection: To be made after the buildinsz is
complete, the mechanical system is in place and properly connected
and the structure is ready for occupancy.
City of Winter Springs
Ordinance No.
Page 10 of 19
Gas
1. Rough piping inspection: To be made after all new
piping is authorized by the nermit has been installed and before anv
such piping has been covered or concealed or any fixtures or gas
appliances have been connected
2. Final piping inspection• To be made after all piping
authorized by the permit has been installed and after all portions
which are to be concealed by plastering or otherwise has been so
concealed, and before anv fixtures or gas appliances have been
connected. This inspection shall include a pressure test
3_. Final inspection: To be made on all new gas work
authorized by the permit and such portions of existing systems as
may be affected by new work or any changes to insure compliance
with all the requirements of this code and to assure that the
installation and construction of the gas system is in accordance with
reviewed plans.
Site Debris
1. The contractor and/or owner of any active or inactive
construction proiect shall be responsible for the clean-up and
removal of all construction debris or any other miscellaneous
discarded articles prior to receiving final inspection approval
Construction iob sites must be kept clean such that accumulation
of construction debris must not remain on the property for a period
of time exceeding 14 days
2. All debris shall be kept in such a manner as to prevent it
from being spread by -any means
(, 106.1.2 Issuing Certificate of Occupancy. Upon completion of construction of a
building or structure and installation of electrical gas mechanical and plumbing systems in
accordance with the technical codes, reviewed plans and specifications and after the final
inspection, and after verification that all septic system permits have received an approved final
inspection where applicable the building official shall issue a Certificate of Occupancystating tating the
nature of the occupancy permitted the number of persons for each floor when limited by law, and
the allowable load per square foot for each floor in accordance with the provisions of this code
Lr) 107.1 Testing. For products not covered under the statewide product evaluation and
City of Winter Springs
Ordinance No.
Page 11 of 19
approval system the building official may reauire tests or test reports as proof of compliance
Required tests are to be made at the expense of owner or his aigent, by an approved testing
laboratory or other approved agency_
U 109.1 Violations and Penalties. An erson firm co oration or a ent who shall violate
a provision of the Florida Building Code or this chanter or fail to comply with either, or with any
of the requirements there.,or who shall erect construct alter, install demolish or move any
structure, electrical gas mechanical or plumbing system or has erected constructed altered
repaired, moved or demolished a building structure electrical gas mechanical or plumbing
system. In violation of a detailed statement or drawing submitted and permitted there under, shall
be guilty of a misdemeanor or the second degree Each such person shall be considered guilty of
_a separate offense for each and every day or portion thereof during which any violation of any of
the provisions of this code is commntted or continued Upon conviction of any such violation
such person all be punished within the limits as provided by law and local ordinance
110 Establishment of Construction Board of Adjustment and Appeals
W 110.1 Construction Board of Adjustment and Appeals There is hereby
established a board to be called the board of adjustments and appeals, which shall consist of five
5 members of the Winter Springs City Commission The term of office for each of the five (5)
seats which comprise the board of adjustments and appeals shall be the term of office for the
commissioner who occupies that particular seat Vacancies shall be filled for an unexpired term in
the same manner in which commission seat vacancies are filled under the terms of the City Charter
for the City of Winter Springs as well as the Winter Springs Code of Ordinances
Q 110.3 Powers. The Construction Board of Adjustments and Appeals shall have
the_power, further defined in 110.4 to hear appeals of decisions and interpretations of the
building official.
(D 110.4 Appeals.
LAJ 110.4.1 Decision of the building official The owner of a building structure or
service system, or his duly authorized agent, may appeal a decision of the building official to the
Construction Board of Adiustment and Appeals whenever any one of the following conditions are
claimed to exist:
1. The building official reiected or refused to approve the mode or manner of construction
proposed to be followed or materials to be used in the installation or alteration of a building
structure or services system.
2. The provisions of this code do not apply to this specific case
City of Winter Springs
Ordinance No.
Page 12 of 19
3. That an equally ood or more desirable form of installation can be em to ed in an
specific case.
4. The true intent and meaning of this code or any of the regrulatinm there under have
been misconstrued or incorrectly interpreted
110.4.3 Notice of anneal Notice of anneal shall be in writing and filed within 30
calendar days after the decision is rendered by the building official Anneals 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 Ri hts may be obtained from the building division
W 110.5.2 Decisions. The Construction Board of Ad'ustment and Armeals 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 buildinL, official or varies the a lication of an
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 film .Eve decision of the board shall be final sub'ect however to
such remedy as any aggrieved party might have at law or in equity.
Sec. 6-2. Administrative Amendments to the Florida Building Code. Cha ter 2 of the
Florida Building Code as provided for in Section 553.73 Florida Statutes 2001) is hereby
amended in the following respects (The Section numbers in Italics provided below are for
reference purposes only, and are included to provide ease of reference between this chapter and
the Florida Building Code )
(g) 101.4.15 Words defined.
Abandon or abandonment (1) Termination of a construction project by a contractor
without Just case or proper notification to the owner including the reason for termination (2)
Failure of a contractor to perform work without Lust cause for ninety (90) days_ (3 Failure to
obtain an approved inspection within one hundred eighty (180) days from the previous inspection
Appraised value. For the purpose of this section appraised value is defined as either (1)
one hundred and twenty (120) percent of the assessed value of the structure as indicated by the
County Property Appraiser's Office or (2) the value as indicated in a certified appraisal from a
certified appraiser.
Assessed value. The value of real property and improvements thereon as established by
City of Winter Springs
Ordinance No.
Page 13 of 19
the County Property Appraiser.
Authorized agent A person specifically authorized by the holder of a certificate of
competency to obtain permits in his stead
Basic Wind S eed Line. The basic windspeed line for the inrisdiction shall be established
by the wind speed contour map attached to and made part of this chapter if applicable
Board. The appropriate City or County Board of Adjustment and Appeals unless
otherwise s )ecifiggily stated
Building component An element or assembly of elements integral to or part of a building
Building shell. The structural components that completely enclose a building including
but not limited to the foundation structural frame floor slabs exterior walls or roofs stem.
Building system. A functionally related croup of elements components and/or equipment
such as the electrical, plumbing and mechanical systems of a building
Certification. The act or process of obtaining a certificate of competency from the state
or municipality through the review of the applicant's experience and financial responsibility as
well as successful passage of an examination
Certificate o com etenc certi rcate . An official document e videncing that a i3erson is
qualified to engage in the business of contracting subcontracting or the work of a specific trade
Certificate of experience An official document evidencing that an applicant has satisfied
the work experience requirements for a certificate of competency.
Certificate of occupancy (C O) An official document evidencing that a building satisfies
the requirements of the jurisdiction for the occupancy of a building
Certified contractor..Any contractor who possesses a certificate of competency issued by
the Department of Professional Regulation of the State of Florida
Change of occupancy. A change from one BuildinjR Code occupancy classification or
subclassification to another.
Commercial building Anv building structure improvement or accessory thereto other
than a one- or two- family dwelling
Cumulative construction cost. The sum total of costs associated with an construction
City of Winter Springs
Ordinance No.
Page 14 of 19
work done to a buildingor structure either at one 1 time or a different times within a s ecified
period of time
Demolition. The act of razin dismantling or removal of a building or structure or
portion thereof to the szround level
Examination. An exam 12reparedproctored and raded b a reco nized testin a enc
unless otherwise implied in context or specifically stated otherwise
FCILB. The Florida Construction Industry Licensing Board.
Imminent Danger. Structurally unsound conditions of a structure or portion thereof that
is likely to cause physical injury to a person entering the structure Or due to structurally unsound
conditions, any portion of the structure is likely to fall be carried by the wind or otherwise
detach or move and in doing so cause phvsicgl idu or damage to a erson on the ro ertor to
a person or property nearby: Or The condition of the property is such that it harbors or is
inhabited by pests vermin, or organisms injurious to human health the presence of which
constitutes an immediate hazard to people in the vicinity
Inspection warrant. A court order authorizing the official or his desi nee to perform an
inspection of a particular property named in the warrant
Intensification of use An increase in capacity or number of units of a residential or
commercial building
Interior finish. The preparation of interior spaces of a commercial building for the first
occupancy thereof
Licensed contractor. A contractor certified by the State of Florida or the local Jurisdiction
who has satisfied the all state or local requirements to be actively engaged in contracting,
Market value. As defined in flood lain regulations of this code
Owner's agent. A person firm or entity authorized in writing by the owner to act for or in
place of the owner.
Permit. An official document authorizing performance of a specific activity regulated b
this chapter.
Permit card or placard. A document issued by jurisdiction evidencing the issuance of
a permit and recording of inspections
City of Winter Springs
Ordinance No.
Page 15 of 19
uali ing agent primary A person who possesses the reauisite skill knowledge
ex erience and certifi cy, and has the responsibilitv to s in
Dervise direct mana e
and control the contracting activities of the business orLYqni7.qflnn with which he is associated
who has the responsibility to supervise, direct mana a and control construction activities on a 'ol
for which he has obtained a ern-k and whose technical and personal qualifications have been
determined by investigation and examination and is evidenced by his possession of a certificate or
competencv.
uali ing agent secondary A person who possesses the requisite skill knowledge
experience and certificate of com etenc and has the rewonsibility to su ervise direct manage
and control construction activities on a iob for which he has obtained a permit and whose
technical and -personal qualifications have been determined b investi ation and examination and is
evidenced by his possession of a certificate of competency
Reciprocity. To accept a verified affidavit from any municipality or county of the State of
Florida that the avolicant has satisfactorily completed a written examination in its jurisdiction
equal in content with the examination required by this chapter.
Registered contractor. A contractor who has registered with the Department of
Professional Regulation of the State of Florida pursuant to fulfilling the competency requirements
of the local jurisdiction
Registration. The act or process of re isterin a locally obtained certificate of
competency with the state or the act or process of registering a state issued certificate of
competency with the municipality.
Remodeling Work which changes the original size configuration or material of the
components of a building
Residential building. Any one- or two-family building or accessory
Roofing. The installation of roof coverings
Spa. Anv constructed or prefabricated pool containing water jets
S ecialty contractor A contractor whose services do not fall with the categories
specified in Section 489 """) Florida Statutes as amended
State of construction
U) Site: The phvsical clearing of the site in preparation for foundation work including,
but not limited to site clearing, excavation dewaterings pilin -s and soil testing activities
City of Winter Springs
Ordinance No,
Page 16 of 19
(2) Budding. The removal disassembly repair replacement structure building system or
building components in whole or parts thereof
Stop work order. An order by the building official or his designee. which requires the
immediate cessation of all work and work activities described in the order.
Structural component Any part of a system building or, structure load bearing or non
load beanng which is integral to the structural integrity thereof including, but not limited to walls
partitions columns beams and girders.
Structural work or alteration. The installation or assembling of new structural
components into a system, building or structure Also any change repair or replacement of any
existing structural component of a system building or structure
Substantial completion. Where the construction work has been sufficiently completed in
accordance with the applicable city state and federal codes so that the owner can occupy or
utilize the protect for the use for which it is intended
Value. Job cost.
Sec. 6-3. Establishing the location of local wind speed lines Section 1606 1 6 of the
Florida Building Code reauires the exact locations of wind speed lines to be established by local
ordinance using recognized physical landmarks such as major roads canals,'.rivers and lake
shores, wherever possible The Citv Commission adopts the following locations
U [Info to supplied by Building Of iiciall
The wind speed for the City of Winter Springs within the above described boundaries is
120 MPH.
Sec. 6-4. Administrative Amendments to the Florida Building Code. Section 3109 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 UgMoses only, and are included to provide ease of reference between this chapter and
the Florida Buildin Code )
La) 3109.1.5 Establishing the area of special flood hazard The areas of special flood
hazard as identified by the federal insurance administrator in a scientific and engineering report
entitled "The Flood Insurance Study for the City of Winter Springs Florida." dated March 16
1981, with accompanying flood boundary and floodway map and flood insurance rate map are
hereby adopted by reference and declared to a part of this chapter.
City of Winter Springs
Ordinance No.
Page 17 of 19
3109.7.1.1 Location of the lowest structural member. The lowest horizontal structural
members of the lowest floor includin basements but excluding footings, pilings. columnspile
caps, nonstructural slabs, bracing and grade beams shall be elevated at or above the base flood
elevation in the following types of buildings
i. Residential buildings including manufactured homes
?. All other occupancy buildings. except that buildings in this category need not meet
this requirement if the building and its utility and sanitary facilities are floodproofed to or above
the base flood elevation in accordance with the flood roofin rovisio is of 3109.10.
Sec 6-5 Adoption of Florida Building Code Appendices Appendices D. E. F. and H of
the Florida Building Code are hereby adopted by reference
Secs. 6-6 -- 6-30. Reserved
ARTICLE VII. UNSAFE BUILDINGS
Sec. 6-165. Standard Unsafe Building Abatement Code adopted.
The city hereby adopts in its entirety that certain code known as the Standard Unsafe
Building Abatement Code, 1997 -}98-5 Edition, as promulgated by the Southern Building Code
Congress International, Inc., subject to all amendments modifications or deletions hereinafter
enacted except as ot! .
Section 4. Florida Building Commission Notification. In accordance with Section
553.73(4)(a), Florida Statutes (2001) the City Clerk shall file a copy of this Ordinance with the
Florida Building Commission within thirty (30) days of becoming effective and shall make a copy
available for public inspection immediately upon adoption.
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. Incorporation Into Code. This ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or
City of Winter Springs
Ordinance No.
Page 18 of 19
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this ordinance.
Section 8. Effective Date. This Ordinance shall become effective simultaneously
with the effective date of the Florida Building Code.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2001.
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:
Second Reading:
PAUL P. PARTYKA
Mayor
Effective Date:
F:\Lawyer\je@b\City of Winter Springs\Ordinances\Amend Chapter 6 Fla. Bldg Code.wpd
City of Winter Springs
Ordinance No.
Page 19 of 19
Composite Exhibit "A" -
Chapter 6
BUILDINGS AND BUILDING REGULATIONS*
Article I. In -General
Sec. 6-1. Purpose.
Sec. 6-2. Compliance with chapter.
Sec. 6-3. Use of building erected or altered in violation of chapter.
Sec. 6-4. Violations.
Sec. 6-5. Authority of building inspector to stop work if contrary to public
welfare.
Sec. 6-6. Energy efficiency code adopted.
Secs. 6-7-6-30. Reserved.
Article 11. Administration
Division 1. Generally
Secs. 6-31-6-45. Reserved.
Division 2. Permits and Inspections
Sec. 6-46.
Required.
Sec. 6-47.
Exemption for general maintenance by local industries.
Sec. 648.
Application generally.
Sec. 6-49.
Persons who may make application; certificate of authority.
Sec. 6-50.
Contents of application.
Sec. 6-51.
Inspection and permit fees.
Sec. 6-52.
Plans to accompany application.
Sec. 6-53.
Plot diagram to accompany application.
Sec. 6-54.
Amended applications, plans, etc.
Sec. 6-55.
Approval of application; issuance or rejection of permit.
Sec. 6-56.
Building inspector to sign permit.
Sec. 6-57.
Expiration of permits; renewals.
Sec. 6-58.
Revocation.
Secs. 6-59-6-80. Reserved.
Article III. Building Construction Standards
Sec. 6-81. Standard Building Code, Standard Existing Building Code, Stan-
dard Housing Code and One and Two Family Dwelling Code
adopted.
Sec. 6-82. Amendment to building code.
Sec. 6-83. Television dish antennas.
Sec. 6-84. Accessory buildings.
Secs. 6-85-6-100. Reserved.
*Cross references -Code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; beautification board, § 2-76
et seq.; annexations and rezonings, § 2-116 et seq.; arboreal standards of the City of Winter Springs, Ch. 5; regulations regarding
landscaping applicable to privately held property, § 5-3; fire prevention and protection, Ch. 7; fire code adopted, § 746 et seq.; fire
hydrant requirements, placement and maintenance, § 7-76 et seq.; flood damage prevention, Ch. 8; land development, Ch. 9;
uniform building numbering system, § 9-370 et seq.; impact fees, § 9-386 et seq.; licenses and business regulations, Ch. 10;
nuisances, Ch. 13; fire and security alarms, § 13-51 et seq.; planning, Ch. 15; comprehensive plan, § 15-26 et seq.; signs and
advertising, Ch. 16; sign construction standards, § 16-76 et seq.; excavation standards and requirements, § 17-76 et seq.; utilities,
Ch. 19; zoning, Ch. 20.
State law reference -Building construction regulations, F.S. ch. 553.
365
BUILDINGS AND BUILDING REGULATIONS
Sec. 6-219. Yards.
Sec. 6-220. Electrical requirements.
Sec. 6-221. Plumbing requirements.
Sec. 6-222. Nuisances.
Sec. 6-223. Conflict with deed restrictions.
Secs. 6-224-6-239. Reserved..
Article X. Gas Code
Sec. 6-240. Standard Gas Code adopted.
Sec. 6-241. Terms defined.
Sec. 6-242. Gas inspection.
Sec. 6-243. Fees.
Secs. 6-244-6-249. Reserved.
Article XI. Interim Services Fee
Sec. 6-250.
Authority.
Sec. 6-251.
Findings and determinations.
Sec. 6-252.
Definitions.
Sec. 6-253.
Establishment of interim services fee.
Sec. 6-254.
Calculation of interim services fee.
Sec. 6-255.
Exemptions.
Sec. 6-256.
Collection of interim services fee.
Sec. 6-257.
Issuance of certificates of occupancy.
Sec. 6-258.
Interim services fee fund.
367
BUILDINGS AND BUILDING REGULATIONS § 6-46
ARTICLE I. IN GENERAL Sec. 6-5. Authority of building inspector to
stop work if contrary to public wel-
Sec. 6-1. Purpose. fare.
The purpose of this chapter is to provide:cer-
tain minimum standards and requirements in all
matters relating to buildings and structures and
the uses thereof.
(Code 1974, § 5-1)
Sec. 6-2. Compliance with chapter.
(a) No building or structure shall hereafter be
constructed, altered, repaired or removed, nor
shall the equipment of a building, structure or
premises be constructed, installed, altered, re-
paired or removed, except in conformity with the
provisions of this chapter.
(b) No building or structure shall be altered in
any manner that would be in violation of the
provisions of this chapter or any authorized rule
or approval of the building inspector made and
issued pursuant to this chapter.
(Code 1974, § 5-4)
Sec. 6-3. Use of building erected or altered
in violation of chapter.
It shall be unlawful for any person to maintain,
occupy or use a building or structure, or part
thereof, that has been erected or altered in viola-
tion of the provisions of this chapter.
(Code 1974, § 5-5)
Sec. 6-4. Violations.
Any person who shall violate a provision of this
chapter or fail to comply herewith or with any of
the requirements hereof, or who shall erect, con-
struct, alter or repair, or has erected, constructed,
altered or repaired a building or structure in
violation of a detailed statement or plan submit-
ted and approved hereunder, or of a permit or
certificate issued hereunder, shall be guilty of a
violation of this Code and shall be punished in
accordance with section 1-15.
(Code 1974, § 5-7)
369
Whenever in the opinion of the building inspec-
Or, 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.
(Code 1974, § 5-6)
Sec. 6-6. Energy efficiency code adopted
(a) The Florida Energy Efficiency Code for
Building Construction is hereby adopted by refer-
ence as the Winter Springs Energy Efficiency
Building Code for use within the city.
(b) The energy efficiency building code may be
amended by the city commission by the adoption
of resolutions.
(c) The energy efficiency building code is on
file and available for public inspection in the
building department of the city.
(Code 1974, § 5-8)
State law reference —Florida Energy Efficiency Code for
Building Construction, F.S. § 553.955 et seq.
Secs. 6-7-6-30. Reserved.
ARTICLE II. ADNIMSTRATION
DIVISION 1. GENERALLY
Secs. 6-31-6-45. Reserved.
DIVISION 2. PER.MITS AND INSPECTIONS
Sec. 6-46. Required.
It shall be unlawful for any person to construct,
alter, repair, remove or demolish, or to commence
the construction, alteration, repair, removal or
demolition of a building or structure in the city
without first obtaining a formal permit from the
building inspector.
(Code 1974, § 5-24)
M
BUILDINGS AND BUILDING REGULATIONS
be in compliance with the laws and ordinances
applicable thereto, and the proposed work will be
safe, he shall approve such application and issue
a permit for the proposed work as soon as practi-
cable. If his examination reveals otherwise, he
will reject such application, noting his.findinks-in
a report to be attached to the application, and
deliver a copy to the applicant.
(Code 1974, § 5-33)
Sec. 6-56. Building inspector to sign permit.
Every permit issued by the building inspector
under the provisions of this chapter shall have his
signature affixed thereto, but this shall not pre-
vent him from authorizing a subordinate to affix
his signature.
(Code 1974, § 5-34)
Sec. 6-57. Expiration of permits; renewals.
A permit under which no work is commenced
within sixty (60) days after issuance shall expire
by limitation or shall expire after the expiration
of one (1) year from the date of issuance. Permits
may be renewed for a longer period of time at the
discretion of the building inspector.
(Code 1974, § 5-35)
Sec. 6-58. Revocation.
The building inspector may revoke a permit or
approval issued under the provisions of this chap-
ter in case there has been any false statement or
misrepresentation as to a material fact in the
application or plans on which the permit or ap-
proval was based.
(Code 1974, § 5-36)
Secs. 6-59-6-80. Reserved.
ARTICLE III. BUILDING CONSTRUCTION
STANDARDS*
Sec. 6-81. Standard Building Code, Stan-
dard Existing Building Code, Stan-
dard Housing Code and One And
Two Family Dwelling Code
adopted.
The city hereby adopts in there entirety the
Standard Building Code 1997 Edition, excluding
'State law reference —Building construction standards,
F.S. ch. 553.
371
§ 6-83
Section 102.2.1, Section 2405.2.1.6, Chapter 11,
and Appendices B and E; the Standard Existing
Building Code 1988 Edition; and the Standard
Housing Code 1991 Edition, as promulgated by
the Southern Building Code Congress Interna-
tional, Inc. and the One And Two Family Dwelling
C-ode 1995 Edition excluding Section 308.4.9 as
the minimum standards for building and construc-
tion within the city. The provisions of these stan-
dard codes shall govern all matters contained
therein, except when in conflict with the provi-
sions of this chapter or other ordinances of the
city.
(Code 1974, § 5-2; Ord. No. 461, § 1, 6-26-89; Ord.
No. 517, § 1, 2-24-92; Ord. No. 605, § I, 11-27-95;
Ord. No. 692, I, 1-12-98)
Sec. 6-82. Amendment to building code.
(a) Section 108.1, Appointment, of the building
code adopted by this chapter is hereby amended
to read as follows:
"There is hereby established a board to be
called the board of adjustments and appeals,
which shall consist of five (5) members of the
Winter Springs City Commission. The term of
office for each of the five (5) seats which com-
prise 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 vacan-
cies are filled under the terms of the City
Charter for the City of Winter Springs as well
as the Winter Springs Code of Ordinances."
(b) In addition to the requirements of the Stan-
dard Building Code Chapter 18, Section 1804—
Footings and Foundations, [the following shall be
added:] "In all masonry buildings there shall be a
minimum of either two (2) one-half (1/2) inch or
three (3) three -eighths (3/s) inch steel rods in the
foundation of same."
(Code 1974, § 5-3; Ord. No. 605, § I, 11-27-95)
Sec. 6-83. Television dish antennas.
(a) Permit required. The installation of all tele-
vision dish antennas and/or satellite antennas
shall require a building permit.
(1) Television dish antennas or satellite an-
tennas shall not be installed or attached
to any part of the roof structure of any
residential building.
BUILDINGS AND BUILDING REGULATIONS
ARTICLE W. ELECTRICITY*
Sec. 6-101. Electrical code adopted.
The city hereby adopts in its entirety that
certain electrical code known as the National
Electrical Code, 1999 Edition as published by -the -
National Fire Protection Association and the Cen-
tral Florida Advisory Committee Notice "M", ex-
cept as otherwise provided in this article.
(Code 1974, § 5-53; Ord. No. 517, § 2, 2-24-92;
Ord. No. 605, § III, 11-27-95; Ord. No. 752, § I,
12-6-99)
Sec. 6-102. Terms defined.
Thewords "electrical inspector" when used in
the electrical code adopted by section 6-101 shall
mean the city building inspector.
(Code 1974, § 5-54)
Sec. 6-103. Electrical inspection.
The building department for the city shall
make all inspections, issue all permits and en-
force all provisions of the National Electrical Code
adopted in section 6-101 within the city.
( Ord. No. 605, § IV, 11-27-95)
Sec. 6-104. Fees.
All applications for electrical permits shall be
accompanied by an appropriate electrical permit
fee as set forth by the city commission pursuant to
resolutions adopted under the authority of this
article which are on file in the city clerk's office.
(Ord. No. 605, § V, 11-27-95)
Secs. 6-105-6-125. Reserved.
ARTICLE V. PLUNMINGt
Sec. 6-126. Plumbing code adopted.
The city hereby adopts in its entirety that
certain plumbing code known as the Standard
'Cross references —Electrical requirements for installa-
tion of swimming pools, § 6-220; fire prevention and protec-
tion, Ch. 7.
State law reference —Electrical code, F.S. § 553.19.
tCross references —Fences, walls, hedges, etc., § 6-186 et
seq.; plumbing requirements for swimming pools, § 6-221;
obstruction of fire hydrants prohibited, § 7-4; fire hydrant
requirements, placement and maintenance, § 7-76 et seq.;
utilities, Ch. 19.
State law reference Plumbing code, F.S. §§ 553.06,
553.73.
373
§ 6-146
Plumbing Code, 1994 Edition, excluding Appen-
dix H, as promulgated by the Southern Building
Code Congress International, Inc., except as oth-
erwise provided in this article.
(.Code 1974, § 5-71; Ord. No. 461, § 2, 6-26-89;
Ord.. No. 517, § 3, 2-24-92; Ord. No. 605, § VII,
11-27-95)
Sec. 6-127. Terms defined.
The term "plumbing inspector" when used in
the plumbing code adopted by section 6-126 shall
mean the city building inspector.
(Code 1974, § 5-72)
Sec. 6-128. Plumbing inspection.
The building department for the city shall
make all inspections, issue all permits and en-
force all provisions of the Standard Plumbing
Code adopted in section 6-126 within the city.
(Ord. No. 605, § VIII, 11-27-95)
Sec. 6-129. Fees.
All applications for plumbing permits shall be
accompanied by an appropriate plumbing permit
fee as set forth by the city commission pursuant to
resolutions adopted under the authority of this
article which are on file in the city clerk's office.
(Ord. No. 605, § IX, 11-27-95)
Secs. 6-130-6-145. Reserved.
ARTICLE VI. MECHANICAL
Sec. 6-146. Standard Mechanical Code
adopted.
The city hereby adopts in its entirety the
Standard Mechanical Code 1997 Edition exclud-
ing Appendix B, as promulgated by the Southern
Building Code Congress International, Inc., ex-
cept as otherwise provided in this article.
(Code 1974, § 5-165; Ord. No. 461, § 3, 6-26-89;
Ord. No. 517, § 4, 2-24-92; Ord. No. 605, § XI,
11-27-95; Ord. No. 692, § II, 1-12-98)
Sec. 6-147. Definitions.
(a) The word "city" as used in the code adopted
in section 6-146 refers to the City of Winter
Springs, Florida.
(b) The words "mechanical code" as used herein
refer to the Standard Mechanical Code adopted in
section 6-146.
(Code 1974, § 5-164)
ARTICLE IM SNVEM31ING POOLS'
Sec. 6-210. Code adopted.
The city hereby adopts in its entirety that
certain code knawn as the Standard Swimming
Pool Code, 1985 Edition, as promulgated by the
Southern Building Code Congress International,
Inc., except as otherwise provided in this article.
(Ord. No. 461, § 5, 6-26-89)
Sec. 6-148. Mechanical inspection. Sec. 6.211. Definitions.
The building department for the city shall
make all inspections, issue all permits and en-
force all provisions of the Standard Mechanical
Code adopted in section 6-146 within the city.
(Code 1974, § 5-166)
Sec. 6-149. Fees.
All applications for mechanical permits shall
be accompanied by an appropriate mechanical
permit fee as set forth by the city commission
pursuant to resolutions adopted under the author-
ity of this article which are on file in the city
clerk's office.
(Code 1974, § 5-167)
Secs. 6-150-6-164. Reserved.
As used herein, the following words, phrases,
terms and their derivations shall have the mean-
ings stated herein.
Pool is a facility containing or intended to
contain, water of a total volume greater than
twenty-five hundred (2500) gallons, and/or is over
twenty-four (24) inches in depth, with surface
area exceeding one hundred fifty (150) square
feet, used only by an individual citizen and his
family or bona fide guests and shall not include
ownership, operation or use by any type of club,
cooperative housing or joint tenancy of two (2) or
more families.
Screen enclosure is an enclosure surrounding a
pool; the walls and roof of the enclosure consisting
entirely of screen mesh, except for rninirnum
essential structural framework required for its
support.
(Code 1974, § 5-141)
'Cross references —Mood damage prevention. Ch. 3;
land development. Ch. 9; nuisances, Ch. '-3; planning, Ch. 15.
toning, Ch. 20.
BUILDINGS AND BUILDING REGULATIONS
Sec. 6-212. Application for permit; plans and
specifications.
Before any work is commenced on the construc-
tion of a pool or any structural alteration, addi-
tion or the remodeling thereof, an -application -for
a permit to construct such pool, accompanied by
two (2) sets of plans and specifications and perti-
nent 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 inspector 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 by the build-
ing official. The building official shall review such
plans and specifications to determine whether
they comply with the provisions of this article and
with reasonable standards of swimming pool con-
struction.
(1) The plans, specifications and pertinent
data required to be submitted in connec-
tion with an application for permit to
construct a pool, or any alteration, addi-
tion or remodeling thereof shall comply
with the following requirements and in-
clude the following plans and informa-
tion, as well as such other data as may be
reasonably requested by the building offi-
cial:
a. Plans shall be drawn to scale indi-
cating all dimensions, including the
length, width and depth of the pool
and extent of any perimeter patio
slab;
b. A longitudinal profile plan showing
the length, depths, slopes, radii of
curvature, thickness of slab, steel
reinforcing size and spacing, and con-
crete cover;
C. Pipe diagram showing material type,
schedule and sizes of all pipes, in-
lets, outlets, make-up waterlines, vac-
uum lines, waste and drainage lines,
circulation and other piping (includ-
ing all valves and valve types);
d. The liquid capacity of the pool;
377
§ 6-212
e. Liquid capacity of any wading pool;
f. The kind, number and size of filters,
including the square footage of the
filter area in each unit;
g. Top capacity of filters in gallons per
minute;
h. Plot plan shall be to scale and show
lot, block or legal plot. Front, side
and rear setbacks shall be shown on
this plot plan;
i. All pump sizes, capacities, horsepow-
ers and types;
j. Source of original and make-up wa-
ter;
k. The elevation of the existing ground-
water table and the type and approx-
imate compactness of the soil to a
depth of twelve (12) feet; when
groundwater table or soil compac-
tion is questionable the building of-
ficial shall require soil test data and
such data is to be utilized in making
final determination for requiring com-
pliance with (2)c. below.
(2) Plans and specifications for pools must
bear the seal and signature of a registered
structural engineer licensed to practice in
the state in any or all of the following
instances:
a. Where pools exceed one thousand
(1,000) square feet in area at water
level;
b. Where pools depart from simple rec-
tilinear or curvilinear shape;
C. Where any of the following soil con-
ditions exist at or near the center of
the proposed pool location within
twelve (12) feet of the surface: Loose
to very loose sand; silt, silty sand; or
sandy silt; marl; clay; peat; muck or
any other soil having high settle-
ment characteristics.
(Code 1974, § 5-142)
BUILDINGS ACID BUILDING REGULATIONS
capable of filtering and recirculating the
entire volume of the pool water capacity
during a twelve-hour period.
(7) The construction of patio decks around
any pool shall slope away from the pool a
minimum of three (3) inches in ten (10)
feet and shall be designed and made in
such manner that all scum, splash and
deck water shall not return to the pool
except through the filter system.
(Code 1974, § 5-143(a)-4g))
Sec. 6-217. Enclosure required.
All swimming pools must be enclosed by screen
enclosure, fence or wall of a minimum height of
five (5) feet. The fence or wall shall be constructed
in such a manner so as not to be easily climbed
and not affording any external handholds or foot-
holds on the outside. Gates shall be same height
as the fence or wall and equipped with a self -
closing and self -latching closure mechanism at a
height above the reach of toddlers. The gate shall
be locked or latched at all times when the pool is
unattended.
(Code 1974, §§ 5-128, 5-143(h); Ord. No. 426, §§ 1,
2, 9-26-88)
Sec. 6-218. General construction provisions
for concrete pools.
All concrete pools shall be designed in accor-
dance with requirements of Serial Designation
ACI No. 318-63, as published by the American
Concrete Institute.
(1) Pool walls and floor slabs shall be con-
structed not less than four (4) inches and
five (5) inches respectively and contain a
minimum of not less than three -eighths -
inch reinforcement steel rods on twelve -
inch centers, in both directions. Such re-
inforcing shall be securely supported at
approximate mid -depth of base slabs and
walls prior to and following placing con-
crete.
(2) The concrete mix shall be designed to
secure a compressive strength of not less
than three thousand (3,000) pounds per
square inch at twenty-eight (28) days,
379
§ 6-219
with a maximum slump of four (4) inches.
Concrete shall be kept wet for five (5)
days after placing.
(Code 1974, § 5-144)
Sec. 6-219. Yards.
(a) No pool (excluding surrounding patio) shall
be located closer to the side yard property line of
the lot, parcel or piece of land upon which such
pool is located than the distance required by the
zoning ordinances of the city for side yards in the
zone in which the property is located, plus three
(3) feet, not less than ten (10) feet from the rear
property line, nor shall any part of the pool
structure within and including the coping intrude
upon any easement.
(b) No pool shall be located nearer to the front.
line of the lot, parcel or piece of land than the
main or principal building or residence to which
the pool is an accessory, except that for waterfront
lots a pool shall be located not less than fifteen
(15) feet from the present or proposed high-water
control level of the lake. All distances shall be
measured from six (6) inches outside the inside
wall of pool.
(c) Screen enclosures shall not be located closer
to the side yard property line than the side yard
setback requirement established by the zoning
ordinances of the city for the lot, parcel or piece of
land upon which the pool is located, nor closer to
the rear property line than seven (7) feet. On
lakefront property, no screen enclosure shall be
erected less than twenty-five (25) feet from the
shoreline as determined by the existing or estab-
lished control water level. Height shall not be
higher than the dwelling on the same lot. 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. Design computations and construction de-
tails 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.
(Code 1974, § 5-145; Ord. No. 433, § 1, 9-26-88)
Cross references —Land development, Ch. 9; zoning, Ch.
20.
BUILD[NGS AND BUILDING REGULATIONS
Sec. 6-241. Terms defined. (3)
The term "gas inspector" when used in the gas
code adopted by section 6-240 shall mean the city
building inspector.
(Ord. No. 605, § XIII, 11-27-95)
Sec. 6-242. Gas inspection.
The building department shall make all inspec-
tions, issue all permits and enforce all provisions
of the Standard Gas Code adopted in section (4)
6-240 within the city.
(Ord. No. 605, § XIV, 11-27-95)
Sec. 6-243. Fees.
All applications for gas permits shall be accom-
panied by an appropriate gas permit fee as set
forth by the city commission pursuant to resolu-
tions adopted under the authority of this article
which are on file in the city clerk's office.
[Ord. No. 605, § XV, 11-2 7 -95 �
Secs. 6-244-6-249. Reserved.
ARTICLE XI. INTERIM SERVICES FEE
Sec. 6-250. Authority.
The city has the authority to adopt this article
pursuant to Article VIII of the Constitution of the
State of Florida, Chapter 166. Florida Statutes.
(Ord. No. 527, § 2, 9-14-92)
Sec. 6-251. Findings and determinations.
It is hereby found, determined and declared as
follows:
1 1 i The costs of providing the specified mu-
nicipal services (as defined herein) exceed
the fees charged for such services and
consequently those costs are borne in large
part through ad valorem taxation.
(2) From the time a new structure is com-
pleted and occupied until the structure is
included on the ad valorem tax rolls as of
the ensuing January 1, the city provides
the specified municipal services and other
direct services for which it receives no
compensation.
381
3 6-252
The demand for additional municipal ser-
vices increases with the development or
real property located in the city and the
subsequent occupancy of structures lo-
cated thereon and the existing fiscal struc-
ture of the city is insufficient to meet the
ever increasing demands for municipal
services imposed upon the city by such
new development.
The implementation of an interim ser-
vices fee to defray the costs to the city of
providing the specified municipal services
to newly improved property prior to the
imposition of ad valorem taxes on such
improvements is in the best interests of
the citizens and residents of the City of
Winter Springs and reflects the city's de-
sire for fiscal management.
(5) The interim services fee by this chapter is
not in any manner, directly or indirectly,
intended as an ad valorem tax, nor is the
amount of the fee established herein re-
lated in any way to the valuation of the
property receiving the specified municipal
services.
(Ord. No. 527, § 2, 9-14-92)
Sec. 6-252. Definitions.
The following words when used herein shall
have the meanings indicated, unless the context
clearly indicates otherwise:
Owner shall mean the person or legal entity
reflected in the public records of Seminole County,
Florida, as the fee simple title holder of real
property upon which a structure has been com-
pleted.
Specified municipal sem-ices shall mean and be
limited to the following municipal services pro-
vided by the city: public safety, code enforcement,
engineering, parks and recreation, street mainte-
nance, and building maintenance (excluding build-
ing maintenance on general services functions).
Structure shall mean any building or improve-
ments constructed upon real property located
within the corporate limits of the city for which a
Chapter 8
FLOOD DAMAGE PREVENTION*
Article I. In General
Sec. 8-1.
Definitions.
Sec. 8-2.
Statement of purpose and objectives.
Sec. 8-3.
Methods of reducing flood losses.
Sec. 8-4.
Lands to which this chapter applies.
Sec. 8-5.
Basis for establishing areas of special flood hazard.
Sec. 8-6.
Abrogation and greater restrictions.
Sec. 8-7.
Interpretation.
Sec. 8-8.
Warning regarding area of special flood hazard designations.
Sec. 8-9.
Penalties for noncompliance.
Secs. 8-10-8-30. Reserved.
Article II. Administration
Sec. 8-31. Designation of the flood damage control administrator.
Sec. 8-32. Duties and responsibilities of the flood damage control adminis-
trator.
Sec. 8-33. Development permit.
Sec. 8-34. Variance procedure.
Secs. 8-35-8-50. Reserved.
Article M. Standards
Sec. 8-51.
General standards.
Sec. 8-52.
Specific standards.
Sec. 8-53.
Standards for areas of shallow flooding (AO zones).
Sec. 8-54.
Standards for small streams.
Sec. 8-55.
Standards for regulatory floodways.
Sec. 8-56.
Sand dunes and mangrove stands.
*Cross references —Code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.: buildings and building
regulations. Ch. 6; swimming pools, § 6-211 et seq.: fire hydrants requirements, placement and maintenance, § 7-76 et seq.; land
development. Ch. 9: planning, Ch. 15; comprehensive plan, § 15-26 et seq.; streets, sidewalks and other public places, Ch. 17;
utilities, Ch. 19; zoning, Ch. 20.
493
FLOOD D. -MAGE PREVENTION
ARTICLE I. IN GENERAL Flood or flooding. A general
condition of partial or complete
Sec. 8-1. Definitions. normally dry land areas from:
Unless specifically defined below, words or
phrases used in this chapter shall be interpreted
so as to give them the meaning they have in
common usage and to give this chapter its most
reasonable application:
Administrator. The federal insurance adminis-
trator, to whom the director of the federal emer-
gency management agency has designated the
administration of the national flood insurance
program.
Appeal. A request for a review of the flood
damage control administrator's interpretation of
any provision of this chapter or a request for a
variance.
Area of shallow flooding. A designated AO, AH,
or VO zone on the flood insurance rate map
(FIRM). The base flood depths range from one (1)
to three (3) feet, a clearly defined channel does not
exist, the path of flooding is unpredictable and
indeterminate, and velocity flow may be evident.
Area of special flood hazard. The land in the
floodplain within a community subject to a one -
percent or greater chance of flooding in any one
(1) given year.
Base flood. The flood having a one -percent
chance of being equaled or exceeded in any given
year.
Base flood elevation. The crest elevation in
relation to mean sea level QvISL) (using National
Geodetic Vertical Datum) expected to be reached
during a flood which encompasses the regulatory
floodplain.
Development. Any manmade change to im-
proved or unimproved real estate, including but
not limited to buildings or other structures, min-
ing, dredging, filling, grading, paving, excavation,
or drilling operations located within the area of
special flood hazard.
495
and temporary-
inundation of
a. The overflow of inland or tidal waters;
and/or
b. The unusual and rapid accumulation or
runoff of surface waters from any source.
Flood boundary and floodway map. The official
map on which the administrator has delineated
both the flood boundaries and the regulatory
floodway.
Flood damage control administrator. The of-
ficer of the city responsible for the execution of
this chapter and the delegation of responsibilities
for the individual tasks contained herein.
Flood elevation determination. A determina-
tion by the administrator of the water surface
elevations of the base flood, that is, the flood level
that has a one -percent or greater chance of occur-
rence in any given year.
Flood insurance rate map (FIRM). An official
map of a community, on which the administrator
has delineated both the special areas and the risk
premium zones applicable to the community.
Flood insurance study. An examination, evalu-
ation and determination of flood hazards and, if
appropriate, an examination, evaluation and de-
termination of mudslide (i.e., mudflow) and/or
flood -related erosion hazards.
Floodplain. Land which will be inundated by
floods known to have occurred or reasonably
characteristic of what can be expected to occur
from the overflow of inland or tidal waters and
the accumulation of runoff of surface waters from
rainfall.
Floodplain management regulations. Any zon-
ing ordinances, land development ordinance, sub-
division regulations, building codes, health regu-
lations, special purpose ordinances (such as a
floodplain management ordinance, grading ordi-
nance and erosion control ordinance), and other
applications of police powers. The term describes
such state or local regulations, in any combina-
tion thereof, which provide standards for the
purpose of flood damage prevention and reduc-
tion.
FLOOD Mr NIAGE PREVENTION § 8 3
ings, piers, or foundations or the erection of welfare, and to minimize public and private losses
temporary forms; nor does it include the installa- due to flood conditions in specific areas by provi-
tion on the property of accessory buildings, such sions designed:
as garages or sheds not occupied as dwelling units
or not part of the main structure. (1) To protect human life and health;
Structure. A walled and roofed building, that is
principally aboveground and affixed to a perma-
nent site, as well as a mobile home on foundation.
The term includes a building while in the course
of construction, alteration or repair but does not
include building materials or supplies intended
for use in construction, alteration or repair, un-
less such materials or supplies are within an
enclosed building on the premises. The words
"building" and "structure" shall have the same
meaning for the purposes of this chapter.
Substantial improvement. Any repair, recon-
struction, or improvement of a structure, the cost
of which equals or exceeds fifty ) 50) percent of the
market value of the structure either before the
improvement or repair is started, or if the struc-
ture has been damaged and is being restored,
before the damage occurred. For the purpose of
this definition "substantial improvement" is con-
sidered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the
building commences, whether or not that alter-
ation affects the external dimensions of the struc-
ture. The term does not, however, include either
any project for improvement of a structure to
comply with existing state or local health, sani-
tary, or safety code specifications which are solely
necessary to ensure safe living conditions, or any
alteration of a structure listed on the National
Register of Historic Places or a state inventory of
historic places.
Variance. A grant of relief from the require-
ments of this chapter which permits construction
in a manner that would otherwise be prohibited
by this chapter.
( Code 1974, § 19-3 )
Sec. 8-2. Statement of purpose and objec-
tives.
The purpose and objectives of this chapter are
to promote the public health, safety, and general
497
(2) To minimize expenditure of public money
for costly flood -control projects;
(3) To minimize the need for rescue and relief
efforts associated with flooding and gen-
erally undertaken at the expense of the
general public;
(4) To minimize prolonged business interrup-
tions;
(5) To minimize damage to public facilities
and utilities such as water and gas mains;
electric, telephone and sewer lines; streets
and bridges located in areas of special
flood hazard;
(6) To help maintain a stable tax base by
providing for the second use and develop-
ment of areas of special flood hazard so as
to minimize future flood blight areas;
(7) To ensure that potential buyers are noti-
fied that property is in an area of special
flood hazard; and,
(8) To ensure that those who occupy the areas
of special flood hazard assume responsi-
bility for their actions.
(Code 1974, § 19-1)
Sec. 8-3. Methods of reducing flood losses.
In order to accomplish its purpose and objec-
tives, this chapter includes methods and provi-
sions for:
(1) Restricting or prohibiting uses which are
dangerous to health, safety, and property
due to water or erosion hazards, or which
result in damaging increases in erosion or
in flood heights or velocities;
(2) Requiring that uses vulnerable to floods,
including facilities which serve such uses,
be protected against flood damage at the
time of initial construction;
FLOOD DAMAGE PREVENTION
8-32
ARTICLE II. ADMINISTRATION districts, development plans for more than
fifty (50) lots or five (5) acres), as criteria
Sec. 8-31. Designation of the flood damage for requiring that new construction, sub -
control administrator. stantial improvements, or other develop -
The city manager is hereby appointed the flood ment in Zone A meet the requirements of
damage control administrator to administer and section 8-52(1), specific standards, resi-
implement this chapter. The city manager may dential construction, and section 8-52(2).
delegate the responsibilities for the individual (4) Issuance of permit and record keeping.
tasks contained herein. After ascertaining that all requirements
(Code 1974, § 19-10) of this chapter have been met, the flood
damage control administrator may issue
Sec. 8-32. Duties and responsibilities of the the development permit. After issuance of
flood damage control administra- the permit, the local administrator shall:
tor.
Duties of the flood damage control administra-
a. Acquire a flood elevation or floodproof-
for shall include, but not be limited to:
ing certificate after the lowest floor
is completed. Within twenty-one (21)
(1) Permit review.
calendar days of establishment of
a. Review all applications for develop-
the lowest floor elevation or
ment permits to determine that the
floodproofing by whatever construc-
requirements of this chapter have
tion means, it shall be the duty of
been satisfied.
the permit holder to submit to the
city manager a certification of the
b. Review all applications for develop-
elevation of the lowest floor or
ment permits to determine that all
floodproofed elevation, as built, in
necessary permits have been ob-
relation to mean sea level. Such cer-
tained from those federal, state or
tification shall be prepared by or
local governmental agencies from
under the direct supervision of a
which prior approval is required.
registered land surveyor or profes-
i 2) Interpretation of FIRM boundaries. Make
sional engineer and certified by same.
interpretations where needed, as to the
When floodproofing is utilized for a
exact location of the boundaries of the
particular building, such certifica-
areas of special flood hazards (for exam-
tion shall be prepared by or under
ple, where there appears to be a conflict
the direct supervision of a profes-
between a mapped boundary and actual
sional engineer or architect and cer-
field conditions). Any person contesting
tified by same. Any work done within
the location of the boundary shall be given
the twenty -one -day calendar period
reasonable opportunity to appeal the
and
and prior to submission of the certi-
interpretation as provided in section 8-34.
fication shall be at the permit holder's
risk. The city manager or designated
(3) Use of other base flood data. To supple-
subordinate shall review the flood
ment the base flood elevation data pro-
elevation survey data submitted. De-
vided in accordance with section 8-5, the
ficiencies detected by such review
flood damage control administrator shall
shall be corrected by the permit holder
obtain, review, and reasonably utilize any
immediately and prior to further pro -
base flood elevation and floodway data
gressive work being permitted to pro -
available from a federal, state or other
ceed. Failure to submit the survey or
source (U.S. Army Corps of Engineers,
failure to make such corrections re-
U.S. Geological Survey, U.S. Soil Conser-
quired hereby, shall be cause to issue
vation Service, state water management
a stop work order for the project. In
499
FLOOD D -MAGE PREVENTION
3 8-51
determination made by the flood damage
determination that failure to grant the
control administrator in the enforcement
variance would result in exceptional hard -
or administration of this chapter.
ship to the applicant; and a determination
(3)
Those aggrieved by the decision of the city
that the granting of a variance will not
commission or any taxpayer, may appeal
result in increased flood heights, addi-
such decision to the circuit court.
tional threats to public safety, or extraor-
dinary public expense; create nuisances;
(b)
Conditions under which variances may be
cause fraud on or victimization of the
granted.
public, as identified in (b)(1) above; or
conflict with the local government compre-
(1)
In passing upon such application, the city
hensive plan or with other existing local
commission, shall consider all technical
laws or ordinances.
evaluations, all relevant factors, stan-
dards specified in other sections of this
(5) Any applicant to whom a variance is
chapter, and, the danger that material
granted shall be given written notice that
may be swept onto other lands to the
the structure will be permitted to be built
injury of others; the danger to life and
with a specific, reduced lowest floor eleva-
property due to flooding or erosion dam-
tion and that the cost of flood insurance
age; the susceptibility of the proposed
will be commensurate with the increased
facility and its contents to flood damage
risk resulting from the reduced lowest
and the effect of such damage on the
floor elevation.
individual owner; the importance of the
(6) The city commission may attach such
services provided by the proposed facility
conditions to the granting of any variance
to the community; the necessity to the
as it deems necessary to further the pur-
facility of a waterfront location, where
poses of this chapter.
applicable; the compatibility of the pro-
(Code 1974, 3 19-13)
posed use with existing and anticipated
development; the relationship of the pro-
Secs. 8-35-8-50. Reserved.
posed use to the comprehensive plan and
floodplain management program of that
area; the availability of alternative loca-
ARTICLE III. STANDARDS
tions not subject to flooding or erosion
damage for the proposed use; and the
Sec. 8-51. General standards.
safety of access to the property in times of
In all areas of special flood hazards the follow -
flood for ordinary and emergency vehi-
ing standards are required:
cles.
(1) Anchoring:
(2)
Variances may be issued for the recon-
struction, rehabilitation or restoration of
a. All new construction and substan-
structures listed on the national register
tial improvements shall be anchored
of historic places or the state inventory of
to prevent flotation, collapse, or lat-
historic places without regard to the pro-
eral movement of the structure.
cedures set forth in the remainder of this
b. All manufactured homes shall be
section.
installed using methods and prac-
(3)
Variances shall only be issued upon a
tices which minimize flood damage.
determination that the variance is the
For the purposes of this require -
ment, manufactured homes must be
minimum necessary, considering the flood
elevated above the base flood level
hazard, to afford relief.
and anchored to the elevated foun-
(4)
Variances shall only be issued upon a
dation, to resist flotation, collapse or
showing of good and sufficient cause; a
lateral movement. Methods of an-
501
FLOOD DAMAGE PREVENTION
b. Have structural components capable
of resisting hydrostatic and hydrody-
namic loads and effects of buoyancy.
C. Be certified by a registered profes-
sional engineer or architect, who shall
develop and/or review structural de-
sign, specifications, and plans for
the construction, and shall certifv
that the design and methods of con-
struction are in accordance with ac-
cepted standards of practice for meet-
ing the applicable provisions of this
chapter. Such certificates, which in-
clude the specific elevation (in rela-
tion to mean sea level) to which such
structures are floodproofed, shall be
maintained by the local administra-
tor as set forth in section 8-32(4)a.
(3 ) :Mobile homes:
a. Mobile homes shall be anchored in
accordance with section 8-51(1)b.
b. For new mobile home parks and mo-
bile home subdivisions, for expan-
sions to existing mobile home parks
and mobile home subdivisions, for
existing mobile home parks and mo-
bile home subdivisions where the
repair, reconstruction or improve-
ment of the streets, utilities and
pads equals or exceeds fifty (50) per-
cent of the value of the streets, util-
ities and pads before the repair, re-
construction or improvement has
commenced, and for mobile homes
not placed in a mobile home park or
mobile home subdivision, it is re-
quired that:
1. Stands or lots are elevated on
compacted fill or on pilings so
that the lowest floor of the mo-
bile home will be at or above
the base flood level;
2. Adequate surface drainage and
access for a hauler are pro-
vided: and
3. In the instance of elevation on
pilings, that lots are large
enough to permit steps, piling
503
§ 8-53
foundations are placed in sta-
ble soil no more than ten (10)
feet apart, and reinforcement is
provided for pilings more than
six (6) feet above the ground
level.
C. No mobile home shall be placed in a
regulatory floodway or coastal high
hazard area, except in an existing
mobile home park or an existing
mobile home subdivision.
(4) Enclosed areas below a structure's lowest
floor: For all new construction and sub-
stantial improvements, fully enclosed ar-
eas below the lowest floor that are subject
to flooding shall be designed to automat-
ically equalize hydrostatic flood forces on
exterior walls by allowing for the entry
and exit of floodwaters. Designs for meet-
ing this requirement must either be cer-
tified by a registered professional engi-
neer or architect or must meet or exceed
the following minimum criteria: A mini-
mum of two (2) openings having a total
net area of not less than one (1) square
inch for every square foot of enclosed area
subject to flooding shall be provided. The
bottom of all openings shall be no higher
than one (1) foot above grade. Openings
may be equipped with screens, louvers, or
other coverings or devices provided that
they permit the automatic entry and exit
of floodwaters.
(5) .Mechanical and utility equipment: New
installation and substantial improvement
of any electrical, heating, ventilation,
plumbing, and air-conditioning equip-
ment and other service facilities shall be
elevated above the base flood elevation or
designed so as to prevent water from
entering or accumulating within the equip-
ment components during conditions of
flooding.
(Code 1974, 3 19-15)
Sec. 8-53. Standards for areas of shallow
flooding (AO zones).
Located within the areas of special flood haz-
ard established in section 8-5 are areas desig-