Loading...
HomeMy WebLinkAboutOrdinance 2001-57 Wind Speed ORDINANCE NO. 2001-57 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA PROVIDING FOR THE AMENDMENT OF ARTICLE II, TO CHAPTER 6 OF THE CODE OF ORDINANCES, ENTITLED ADMINISTRATION, AMENDING THE FLORIDA BUILDING CODE; PROVIDING FOR THE ADOPTION OF A CITYWIDE 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 FORINCORPORA TIONINTO 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 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, City of Winter Springs Ordinance No. 2001-57 Page 1 of 21 NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by the reference as legislative findings of the City Commission of Winter Springs. Section 2. 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 REGULA TIONS* * * * ARTICLE II. ADMINISTRATION Division 1. Generally Sec. 6-31. Administrative Amendments to the Florida Building Code. Chapter 1 of the Florida Building Code, as proyided 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,) W 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 subiect matter or content of such section would be inconsistent with this section. ill 101.4.13.1 Generally. All provisions, terms, phrases and expressions contained in this chapter shall be liberally construed in order that the true intent and meaning of the Florida Building Code and this chapter may be fully carried out. Terms used in this diyision, unless otherwise specifically provided, shall have the meanings prescribed by the Florida Statutes. ill 101.4.13.2 Text. In case of any difference of meaning or implication between the text of this chapter and any figure, the text shall control. ill 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 City of Winter Springs Ordinance No. 2001-57 Page 2 of 21 duty, it is to be construed to authorize the building official or other officer to designate, delegate and authorize professional level subordinates to perform the required act or duty unless the terms of the provision or section specifY otherwise. DU 102.2 Building Division. There is hereby established a division of the Community Development Department called the Building Division. The Building Division shall be lead by the building official, who in turn will report to the community development director. ill 102.2.1 Building official qualifications. The building official shall be licensed, in accordance with Chapter 553, Florida Statutes (2001), and as may be amended, as a Building Code Administrator by the State of Florida. ill 102.2.3 Employee qualifications. The community development director, with the approval of the city manager, may appoint or hire such number of officers, inspectors, plans examiners, and other assistants to the building official as are needed from time to time, provided such person shall not be appointed or hired as either an inspector or plans examiner unless that person meets the qualifications for licensure as an inspector or plans examiner as established in Chapter 553, Florida Statutes, (2001) as may be amended, W 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 proyisions 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 waiving requirements specifically provided for the Florida Building Code. ill 103.2 Right of entry. @ Building official or an authorized designee may enter any building, structure, or premises at all reasonable times to make an inspection or enforce any of the provisions of the Florida Building Code or this chapter. In cases of emergencies or exigent circumstances where extreme hazards are known to exist the building official may enter the building, structure, or premises at any time. .all When attempting to enter a building, structure or premises that is occupied, the building official or authorized designee shall first identifY himself or herself. display proper credentials and request entry. If the building, structure, or premises are unoccupied, the building official shall first make a reasonable effort to locate the owner or other persons having charge of the building and request entry. If entry is City of Winter Springs Ordinance No. 2001-57 Page 3 of 21 refused, or if the owner or other persons having charge of an unoccupied building cannot be located, the building official shall haye recourse to every remedy provided by law to secure entry, including an inspection warrant. (Q When the building official or authorized designee shall have obtained permission to enter, secured an inspection warrant or obtained another remedy provided by law to secure entry, no person shall fail, after proper credentials are displayed, to promptly permit entry into the building, structure or premises by the building official or authorized designee for the purpose of inspection and examination pursuant to this code. Any person violating this section may be prosecuted within the limits of the law. ill 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 whereyer the permit is issued in error or on the basis of incorrect inaccurate or incomplete information, or in violation of any ordinance or regulation or any provisions of the Florida Building Code or this chapter. (A} 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 approyal was based. au. 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 ot: or not in conformity with, the provisions of the Florida Building Code or this chapter. @ 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, whichever is later unless before then a permit has been issued. One or more extensions of time for periods of not more than 90 days each may be allowed by the building official for the application, provided the extension is request in writing and iustifiable cause is demonstrated. W 104.2.1.2 Additional data. The building official shall be allowed to require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. ill 104.2.4 Site drawings. Drawings shall show the location of the proposed building or structure and of every existing building or structure on the site or lot. The building official shall City of Winter Springs Ordinance No. 2001-57 Page 4 of 21 be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be readily determined in the field. (g) 104.2.5 Hazardous occupancies. The building official may require the following: (1) General site plan. A general site plan drawn at a legible scale which shall include, but not be limited to, the location of all buildings, exterior storage facilities, permanent access ways, evacuation routes, parking lots. internal roads, chemical loading areas, equipment cleaning areas, storm and sanitary sewer accesses, emergency equipment and adiacent property uses. The exterior storage areas shall be identified with the hazard classes and the maximum quantities per hazard class of hazardous materials stored. (2) Building floor plan. A building floor plan drawn to a legible scale, which shall include, but not be limited to, all hazardous materials storage facilities within the building and shall indicate rooms, doorways, corridors, exits, fire rated assemblies with their hourly 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 range per hazard class of the hazardous materials stored. (h) 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, bays, balconies, or other appendages or proiections fronting on any street, alley or public lane, or for the placing on any lot or premises of any buildin~ or structure removed from another lot or premises, unless the applicant has made application for right of way permits from the authority having iurisdiction oyer the street, alley or public lane. (i) 104.5.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the orovisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction, or violations of the Florida Building Code or this chapter. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six (6) months after the time the work is commenced. Failure to obtain an approyed inspection within one-hundred eighty (180) days of the previous approved inspection shall constitute suspension or abandonment. One or more extensions of time, for periods not more than one-hundred eighty (180) days each, may be allowed by the building official for the permit, provided the extension is requested in writing and iustifiable cause is demonstrated prior to the expiration date. The building official shall record the extension of time granted. (j) 104.5.1.5 Expiration of Demolition Permits. Permits issued for the demolition of a City of Winter Springs Ordinance No. 2001-57 Page 5 of 21 structure shall expire sixty (60) days from the date of issuance. For a iustifiable cause, one (1) extension of time for a period not exceeding thirty (30) days may be allowed. Such request shall be in writing to the building official. (k) 104.6.4.1 Permit Fees. On all buildings, structures or alterations requiring a building permit, a fee shall be paid in accordance with the fee schedule adopted by resolution of the city comrrusslOn. (l) 104.6. 6 Building permit valuation. If. in the opinion of the building official, the valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on the application, permit shall be denied, unless the applicant can show detailed estimates which meet the approval of the building official. Permit valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment and other systems, including materials and labor, The permit valuation may 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 buildin~ official. {m} 105.1 Existing building inspections. Before issuing a permit, the building official may examine or cause to be examined any building, electrical, gas, mechanical or plumbing systems for which an application has been received for a permit to enlarge, alter, 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. (n) 105.2 Manufacturers and fabricators. When deemed necessary by the building official, the building official shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication, A record shall be made of eyery such examination and inspection and of all violations of the technical codes. (o) 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 services, provided that after investigation the building official is satisfied as to their licensure, qualifications and reliability. A certificate required by any provision of the Florida Building Code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified by the building official. The building official shall ensure that all persons making such inspections shall be certified in accordance to Chapter 468, Florida Statutes. (p)105.6 Required inspections. The building official upon notification from the permit City of Winter Springs Ordinance No. 2001-57 Page 6 of 21 holder or the permit holder's agent shall make the following inspections, and shall either release that portion of the construction or shall notify the permit holder or the permit holder's 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 inspection occur and what elements are inspected at each inspection. Building 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 piling/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 survey 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 ayailable at the iob site for review by the building inspector. In lieu of providing a survey, the contractor may elect to uncover all property line markers and string-up all property lines in preparation for inspection. 2. Framing inspection: To be made after the roof. all framing, fire-blocking and bracing is in place, all concealed wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: window/door framing and installation vertical cells/columns lintel/tie beams framingltrusses/bracing/ connectors City of Winter Springs Ordinance No. 2001-57 Page 7 of 21 draft stopping/fire-blocking curtain wall framing 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 be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: . roof sheathing wall sheathing sheathing fasteners roof/wall/dry-in . . . NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be removed and properly reinstalled prior to installation of the dry-in material. 4. Roofing inspection: To be made as two inspections on tile, slate or similar roof coverings or as one inspection on all other roof coverings, and shall at a minimum include the following building components: . dry-in insulation roof coverings flashing . . . 5. Final inspection: To be made after the building is completed and ready for occupancy. 6. Swimming pool inspection: · First inspection to be made after excayation and installation of reinforcing steeL bonding and main drain City of Winter Springs Ordinance No. 2001-57 Page 8 of 21 and prior to placing of concrete. · Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. · In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 424.2.17. 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 ditches are excavated, conduit and cable 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 prior to the City of Winter Springs Ordinance No. 2001-57 Page 9 of 21 installation of wall or ceiling membranes. 3. Final inspection: To be made after the building is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for 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 building is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. Gas 1. Rough piping inspection: To be made after all new piping is authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. City of Winter Springs Ordinance No. 2001-57 Page 10 of 21 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 any 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. (q) 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 Occupancy stating 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. (r) 107.1 Testing. For products not covered under the statewide product evaluation and approval system, the building official may require tests or test reports as proof of compliance. Required tests are to be made at the expense of owner, or his agent, by an approved testing laboratory or other approved agency. (s) 109.1 Violations and Penalties. Any person, firm, corporation or agent who shall violate a provision of the Florida Building Code or this chapter, or fail to comply with either, or with any of the requirements there, or who shall erect, construct, alter, install, demolish or move any City of Winter Springs Ordinance No. 2001-57 Page 11 of 21 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 committed or continued. Upon conviction of any such violation such person all be punished within the limits as provided by law and local ordinance. (t) 110 Establishment of Construction Board of Adjustment and Appeals (1) 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. (2) 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. (3) 110.4 Appeals. (A) 110.4.1 Decision of the building official. The owner ofa building, structure or service system, or his duly authorized agent may appeal a decision of the building official to the Construction Board of Adjustment and Appeals whenever anyone of the following conditions are claimed to exist: 1. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case. 4, The true intent and meaning of this code or any of the regulations there under have been misconstrued or incorrectly interpreted. (b)110.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 City of Winter Springs Ordinance No. 2001-57 Page 12 of 21 calendar days after the decision is rendered by the building official. Appeals relating to provisions of the Florida Building Code, other than local amendments, may be appealed to the Florida Building Commission, pursuant to section 120.569, Florida Statutes, regarding the local governments action. Notice of Administrative Rights may be obtained from the building division. (5) 110.5.2 Decisions. The Construction Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. Sec. 6-32. Administrative Amendments to the Florida Building Code. Chapter 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.) (A) 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 just 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 yalue 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 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 Speed Line. The basic wind speed line for the jurisdiction shall be established by the wind speed contour map attached to as Exhibit "A", and made part of, this chapter if City of Winter Springs Ordinance No. 2001-57 Page 13 of 21 applicable. Board The appropriate City or County Board of Adiustment and Appeals. unless otherwise specifically 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 roof system. Building system. A functionally related group 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 of competency (certificate). An official document evidencing that a person is qualified to engage in the business of contracting. subcontracting or the work of a specific trade. Certificate of experience. An official document evidencing that an 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 iurisdiction for the occupancy of a building. Certified contractor. Any contractor who possesses a certificate of competency issued by the Department of Professional Regulation of the State of Florida. Change of occupancy. A change from one Building Code occupancy classification or subclassification to another. Commercial building. Any building. structure. improvement or accessory thereto. other than a one- or two- family dwelling. Cumulative construction cost. The sum total of costs associated with any construction work done to a building or structure either at one (1) time or a different times within a specified period of time. Demolition. The act of razing. dismantling or removal of a building or structure. or portion thereof. to the ground level. City of Winter Springs Ordinance No. 2001-57 Page 14 of 21 Examination. An exam prepared. proctored and graded by a recognized testing agency unless otherwise implied in context or specifically stated otherwise. FeILB. The Florida Construction Industry Licensing Board. Imminent Danger. Structurally unsound conditions of a structure or portion thereof that is likely to cause physical iniury to a person entering the structure: Or due to structurally unsound conditions. any portion of the structure is likely to falL be carried by the wind. or otherwise detach or move. and in doing so cause physical iniury or damage to a person on the property or 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 iniurious to human health. the presence of which constitutes an immediate hazard to people in the vicinity. Inspection warrant. A court order authorizing the official or his designee to perform an 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 iurisdiction who has satisfied the all state or local requirements to be actively engaged in contracting. Market value. As defined in floodplain regulations of this code. Owner's 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 by this chapter. Permit card or placard A document issued by the iurisdiction evidencing the issuance of a permit and recording of inspections. Qualifying agent. primary. A person who possesses the requisite skilL knowledge. experience and certificate of competency. and has the responsibility to supervise. direct. manage. and control the contracting activities of the business organization with which he is associated: who has the responsibility to supervise. direct. manage and control construction activities on a iob for which he has obtained a permit: and whose technical and personal qualifications have been determined by investigation and examination and is evidenced by his possession of a certificate or City of Winter Springs Ordinance No. 2001-57 Page 15 of 21 competency. Qualifying agent. secondary. A person who possesses the requisite skill. knowledge. experience and certificate of competency. and has the responsibility to supervise. direct. manage and control construction activities on a iob for which he has obtained a permit. and whose technical and personal qualifications have been determined by investigation 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 applicant has satisfactorily completed a written examination in its iurisdiction 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 iurisdiction. Registration. The act or process of registering 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. Any constructed or prefabricated pool containing water iets. Specialty contractor. A contractor whose services do not fall with the categories specified in Section 489.105(3). Florida Statutes. as amended. State of construction: (J) Site: The physical clearing of the site in preparation for foundation work including. but not limited to. site clearing. excavation. dewaterings. pilings and soil testing activities. (2) Building. 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. City of Winter Springs Ordinance No. 2001-57 Page 16 of 21 Structural component. Any part of a system. building or structure. load bearing or non- load bearing. 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 proiect for the use for which it is intended. Value. Job cost. Sec. 6-33. Establishing the location of local wind speed lines. Section 1606.1.6 of the Florida Building Code requires the exact locations of wind speed lines to be established by local ordinance using recognized physical landmarks such as maior roads. canals. rivers and lake shores. wherever possible. The City Commission adopts the following locations: All land lying within the City limits of the City of Winter Springs shall have a wind speed designation of 110 miles per hour as designated on the wind speed contour map attached hereto as Exhibit" A". with the city limits being graphically depicted with landmarks upon the map attached hereto as Exhibit "B". See 6-34 Adoption of Florida Buildine Code Appendices. Appendices D. E. F. and H of the Florida Building Code are hereby adopted by reference. Sees. 6-35 -- 6-45. Reserved. Division 2. Reserved City of Winter Springs Ordinance No. 2001-57 Page 17 of 21 City of Winter Springs Ordinance No. 2001-57 Page 18 of 21 Secs. 6- 46 59--6-80. Reserved. ... ... ... ARTICLE VII. UNSAFE BUILDINGS City of Winter Springs Ordinance No. 2001-57 Page 19 of 21 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 t985 Edition, as promulgated by the Southern Building Code Congress International, Inc., subiect to all amendments. modifications or deletions hereinafter enacted except as otllel wi5e plovided in thi5 article. * * * Section 3. 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 4. 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 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. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. This Ordinance shall become effective simultaneously with the effective date of the Florida Building Code. ADOPTED by the City Commission of the Cit meeting assembled on the 10th day of December City of Winter Springs Ordinance No. 2001-57 Page 20 of 21 Approved as to legal form and sufficiency for the City of in er Springs only Ant ony A. Garganese, City Attorney First Reading: November 26, 2001 Second Reading: December 26, 2001 Effective Date: December 10, 2001 City of Winter Springs Ordinance No. 2001-57 Page 21 of 21 EXHIBIT A State of Florida Wind-Borne Debris Region Wind-borne Debris Region (120 mph and above) ASCE 7-98 Wind Zones Hurricane winds 150-159 mph Category 5 (Mitch) 140-149 mph Category 4 (Andrew) 130-139 mph Category 4 (Opal) 1 mile of coost (Panhandle Protection Provision) 120-129 mph Category 3 (Fran) 1 mile ci coost (Panhandle Protection Provision) 110 mph (within 1 mile of coast) Note: This map is accurate to the county. It should not be used for precise placement of cities near zone borders. Wind speeds are based on the American Society of Civil Engineers Standard (ASCE 7-98) 50-100-year peak gusts. Published by: Florida Department of Community Affairs and the Florida Building Commission 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100 Toll Free 877-FLA-DCA2, Website: http://www.dca.state.fI.us Governor, Jeb Bush; Commission Chair, Raul L. Rodriguez, AlA; Secretary, Steven M. Seibert; Chief of Staff. Pamela Davis Duncan; Legislative Director, Janice Browning; Communications Director, David Bishop; Division Director, Tom Pierce; Editors: Rick Dixon, PE, CBO, and lIa Jones, Program Administrator; Writer/Designer: Elizabeth Woodsmall, OMC II. Printed on Recycled Paper @ June 2000 City of Winter Springs EXHIBIT B Source: SI. Johns River Water Management District, Soil Survey of Seminole County, Florida, and Land Design Innovations, Inc.. August 2001 Map is for graphic representation purposes only; actual data must be verified by City staff. MAJOR ROADS CITY OF WINTER SPRINGS MUNCIPAL BOUNDARY SOILS: HIGH MEDIUM LOW VERY LOW POOR OPENWATER DATA NOT AVAILABLE REGARDING SUITABILITY N Land Design Innovations 140 Orlando Avenue, suite 295 Winter Park, Florida 32739 407-975-1273 NOTICE IS HEREBY GIV EN THAT THE CITY COM' MISSION OF THE CITY OF WINTER SPRINGS WILL HOLD A PUBLIC HEAR. ING FOR THE SECOND READING ON PROPOSED ORDINANCE 2001-57 TO REPEALCHAPTER 8 AND AMENDING CHAPTER 6 OF THE CITY CODE A PUBLIC HEARING ON THE PROPOSED ORDI- ANCE WILL BE HELD ON DECEMBER 10. 2001 AT 6:30 P.M. AT THE WINTER SPRINGS CITY HALL. AN ORDINANCE OF THE CITY COM MISSION OF THE CITY OF WINTER SPRINGS. FLORIDA REPEALING CHAPTER 8 OF THE CITY CODE, EN TITLED FLOOD DAMAGE PREVEN: TION. IN ITS ENTIRETY AND AMENDING CHAPTER 6 OF THE CITY CDOE. ENTlTLED BUILDINGS AND BUILDING REGULATIONS BY PROVIDING FOR THE REPEAL OF ARTICLE I, IN GENERAl; ARTICLE ADMINISTRATION; ARTICLE III BUILDING CONSTRUCTION STAN DARDS, ARTICLE IV, ELECTRICITY: ARTICLE V, PLUMBING' ARTICLE III MECHANICAL; ARTICLE IX SWIM MING POOLS; AND ARTICLE X CODE AND THROUGH ADOPTlON OF A NEW. TO CHAPTER 6 OF THE CODE OF ORDINANCES, ENTITLED ADMINI TRATION, AMENDING THE FLORIDA BUILDING CODE; PROVIDING FOR THE ADOPTION OF A CITY WIDE WIND SPEED AND LOCA TION OF WIND SPEED LINES; PRO VlDING FOR THE ADOPTION OF AP PENDICES TO THE FLORIDA BUILDING CODE; PROVIDING FOR THE ADOPTION OF A CITY WIDE WIND SPEED AND LOCA TION OF WIND SPEED LINES; PRO VIDING FOR THE ADOPTION OF AP PENDICES TO THE FLORIDA BUILDING CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSIS TENT ORDINANCES AND RESOLU TIONS; PROVIDING FOR INCORPO RATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFEC- TIVE DATE. A PUBLIC HEARING ON THE SECOND READING OF PROPOSED ORDI NANCE 2001-57 WILL TAKE PLACE AT THE CITY COMMISSION CHAM. BERS IN CITY HALL AT 1126 EAST STATE ROAD 434, WINTER SPRINGS FLORIDA. INTERESTEd PERSONS MAY ATTEND AND BE HEARD. ADDITIONAL INFORMA TION PERTAINING TO THE ABOVE MAY BE OB- TAINED FROM THE OF FICE OF THE CITY CLERK AT CITY HALL 1126 EAST STATE ROAD 434, WINTER SPRINGS FLORIDA. FOR MORE IN FORMATION CALL 327- 1800, EXT. # 227. PERSONS WITH DISABILI TIES NEEDING ASSIS TANCE TO PARTICIPATE IN ANY OF THESE PRO CEEDINGS SHOULD CON- TACT THE EMPLOYEE RELATIONS DEPART- MENT COORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT (407) 327-1800. THIS IS A PUBLIC HEAR- NG. IF YOU DECIDE TO APPEAL ANY DECISION OR RECOMMENDATION MADE BY THE CITY COM- MISSION WITH RESPECT TO ANY MATTER CON SIDERED AT THIS MEET- ING, YOU WILL NEED A RECORD OF THE PRO CEEDINGS, AND, FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE THAT A VERBATIM RE- CORD OF THE PROCEED- INGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED. ANDREA LORENZO_LUACES CITY CLERK COR4209419 11/30/01 Orlando Sentinel Published Daily State of Florida } S.S. COUNTY OF ORANGE Before the undersigned authority personally appeared Linda Bridgewater , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a daily newspaper published at ORLANDO in ORANGE County, Florida; THAT THE ATTACHED COPY OF ADVERTISEMENT, BEING A notice is hereby IN THE MATTER OF ord. 2001-57 in the ORANGE Court was published in said newspaper in the issue of 11/30/01. Affiant further says that the said Orlando Sentinel is a newspaper published at ORLANDO,in said Orange County, Florida, and that the said newspaper has heretofore been continuously published in said Orange County, Florida, each Week Day and has been entered as second-class mail matter at the post office in ORLANDO in said Orange County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Linda Bridgewater The foregoing instrument was acknowledge before me this 30 day of Nov. 2001, by Linda Bridgewater. who is personally known to me and who did take an oath. DEBORAH TONEY My Comm Exp 11/18/2006 (SEAL)