HomeMy WebLinkAbout2012 09 24 Public Hearing 505 Chapter 6 Update - Ordinance 2012-15COMMISSION AGENDA
ITEM 505
Informational
Consent
Public Hearings
X
Regular
September 24, 2012 KS RS
Regular Meeting City Manager Department
REQUEST:
The Community Development Department — Planning Division requests that the City
Commission hold a public hearing for the first reading of Ordinance 2012 -15, which
updates of Chapter 6, Code of Ordinances, Buildings and Building Regulation.
SYNOPSIS:
Chapter 6 has provisions dating back to 1974. This chapter is referenced by Planning and
Building staff on a daily basis as it details the construction of fences, screen porches,
swimming pools, and accessory buildings, in addition to many other common construction
items. The vast majority of the provisions contained within this chapter are out -of -date,
unenforceable, superseded by current state and /or federal law, and are generally difficult to
interpret. Staff undertook the task of the updating Chapter 6 in an effort to consolidate
information and to make said information easier to understand and interpret for staff,
contractors, and the citizens.
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS
Florida Statutes 163.2511- 163.3246 : (Provides that land development regulations for
municipal planning be consistent with the Comprehensive Plan).
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Springs Charter Article IV. Governing Body.
Section 4.06. General powers and duties.
Section 4.15. Ordinances in General.
City of Winter Springs Comprehensive Plan
Winter Springs Code of Ordinances, Chapter 6, Buildings and Building Regulation
Public Hearings 505 PAGE 1 OF 4 - September 24, 2012
CONSIDERATIONS:
For some time, an update of Chapter 6 has been deemed necessary. There are many
provisions of this chapter that are currently obsolete, and superseded by the Florida
Building Code, the International Property Maintenance Code, and federal law such as the
Telecommunications Act of 1996. Moreover, there are provisions of this chapter, such as
the accessory building and fence sections, that and are generally difficult to interpret. Staff
has prepared Ordinance 2012 -15, which details major changes to Chapter 6.
A breakdown of the updates to the code are as follows:
Section 6 -1 — Purpose. Language has been added that relates the chapter to the
Florida Building Code.
Section 6 -5 is now titled "Authority of Building Official to stop work if
contrary to public welfare." Building Inspector has been changed to Building
Official as this is the City official responsible per Florida law to perform any
plan review or inspection for which certification is required by Florida law.
Section 6 -6 - Obsolete language has been stricken from this section.
Section 6 -31 — Replaces outdated language from the 2001 Florida Building
Code that was previously referenced with language from the most recently
adopted version of the Florida Building Code.
Section 6 -32 — Definition of Building Official has been provided in this
section.
Section 6 -33 is now titled "Local wind speed design criteria." Seminole
County wind speed category maps per the Florida Building Code are now
provided.
Section 6 -81 is now titled "Florida Building Code adopted." This section
repeals the Standard Building Code, Standard Existing Building Code,
Standard Housing Code and One and Two Family Dwelling Code and adopts
the Florida Building Code since the aforementioned codes are no longer in
use.
Section 6 -82 — Amendment to building code. This section is repealed.
Section 6 -83 — Television dish antennas. Defers to the Telecommunications
Act of 1996 which does not require building permits for television dish
antennas measuring less than one (1) meter (39.37- inches) in diameter. The
Telecommunications Act of 1996 is federal law and supersedes local law. The
current language in this provision of the code has not changed since 1974, and
refers to large satellite dishes, not the modern "dish" units that are currently
installed by telecommunication companies on residential properties. The
current language requires homeowners to obtain building permits for all
television dish antennas. The City cannot require homeowners to obtain
building permits for satellite dishes under one (1) meter in diameter as this is
in violation of the Telecommunications Act of 1996.
Public Hearings 505 PAGE 2 OF 4 - September 24, 2012
Section 6 -84 — Accessory Buildings. Clarifying language has been provided,
specifically in regards to breezeways. Under the current code, accessory
buildings are treated as additions to the primary structure and can exceed the
maximum allowable size of 240 - square feet provided they are connected to
the primary structure via a breezeway. There is no maximum length of the
breezeway noted in the current code. Staff has clarified this section by
incorporating language that states the breezeway cannot exceed 35 -feet in
length.
Section 6 -85 — Accessory dwelling units. Language has been added defining
an accessory dwelling unit.
Section 6 -86 is now titled "Screen Enclosures /rooms." A definition of screen
room has been added that defines these rooms consisting of all screen mesh,
and those with roofs of insect screening, plastic, aluminum or similar
lightweight material. The current code only permits screen rooms with all
screening, inclusive of the roof. Screen rooms with solid roofs are treated as
an addition to the primary structure, and are required to maintain the same rear
yard setback as the primary structure. This provision of the code in many
cases has prevented citizens from constructing screen rooms in their rear
yards. In performing research for this code update, staff cannot determine a
logical reason behind the current code requirement. Staff has revised this
portion of the code to permit screen rooms with solid roofs to be constructed
in the same manner as screen rooms with screen mesh roofs, and recommends
permitting all screen rooms to be constructed to within seven (7) feet of the
rear property line.
Articles V, Plumbing; VI, Mechanical; VII, Unsafe Buildings; X, Gas Code;
and XI Reserved have been stricken. Articles V, VI, VII, and X have been
incorporated into Article IV, which is now titled "Electrical, Plumbing,
Mechanical & Gas."
Article V is now titled "Fences, Walls, Hedges."
Section 6 -191 is now titled "Corner lots." This section has been revised to
clarify how fences should be permitted when constructed on corner lots, and
lots adjacent to street intersections. The current language dates to 1974 and is
difficult for staff, fence contractors, and citizens to understand.
Section 6 -210 is now titled "Florida Building Code." This section has been
revised to ensure swimming pools are constructed in accordance with the
requirements of the Florida Building Code. The current language adopts the
Standard Swimming Pool Code of 1985 as promulgated by the Southern
Building Code Congress International, Inc., which is no longer in use.
Section 6 -212 has been revised to include up -to -date language and strikes out -
of -date, irrelevant language.
Section 6 -213 has been revised to include up -to -date language and strikes out -
of -date, irrelevant language.
Public Hearings 505 PAGE 3 OF 4 - September 24, 2012
Section 6 -220 is now titled "Pool removal." In the event a swimming pool is
removed, this section requires the site to be restored to its original grade.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of this Ordinance.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations /Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
Staff and the Planning and Zoning Board recommend the City Commission approve first
reading of Ordinance 2012 -15, the update of Chapter 6, Code of Ordinances, Buildings and
Building Regulations, and move said Ordinance forward to second reading.
ATTACHMENTS:
A. Ordinance 2012 -15
B. Minutes — Planning & Zoning Board, September 11, 2012.
Public Hearings 505 PAGE 4 OF 4 - September 24, 2012
Attachment "A"
ORDINANCE NO. 2012--15
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING CHAPTER 6, BUILDINGS AND
BUILDING REGULATIONS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 553.80, Florida Statutes, requires the City to enforce the provisions of
the Florida Building Code on all public or private buildings, structures, and facilities; and
WHEREAS, the Florida Building Code is intended to provide a mechanism for the uniform
adoption, updating, amendment, interpretation, and enforcement of a single unified state building
code consisting of a single set of documents that apply to the design, construction, erection,
alteration, modification, repair, or demolition of public or private buildings, structures or facilities
in Florida and to the enforcement of such requirements; and
WHEREAS, the Florida Building Code is also intended to allow effective and reasonable
protection for public safety, health, and general welfare for all the people of Florida at the most
reasonable cost to the consumer; and
WHEREAS, the International Property Maintenance Code is intended to ensure public
health, safety and welfare in so far as they are affected by the continued occupancy and maintenance
of structures and premises; and
WHEREAS, Chapter 6 of the Winter Springs City Code, entitled "Buildings and Building
Regulation," expressly adopts the Florida Building Code and the 2006 International Property
Maintenance Code by reference, and also includes additional regulations applicable to fences, walls
and hedges; swimming pools; and unlicensed contractors; and
WHEREAS, the City desires to comprehensively revise and update certain portions of
Chapter 6 in order to incorporate the latest version of the Florida Building Code into the City Code
and to repeal outdated regulations that are either superceded or already regulated by the Florida
Building Code or the International Property Maintenance Code; and
WHEREAS, the City additionally desires to adopt updated local amendments to the
City of Winter Springs
Ordinance No. 2012 -
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administrative provisions of the Florida Building Code pursuant to its authority under section
553.73(4)(a), Florida Statutes; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code of Ordinances, Chapter
6, Buildings and Building Regulation, is hereby amended as follows (underlined type indicates
additions and 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 REGULATION
ARTICLE I. IN GENERAL
Sec. 6 -1. - Purpose.
The purpose of this chapter is to provide certain minimum standards and requirements in all
matters relating to buildings and structures and the uses thereof and to establish the minimum
requirements to safeguard the public health, safety and general welfare through structural strength,
means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation,
and safety to life and property from fire and other hazards attributed to the built environment.
* **
Sec. 6 -5. - Authority of building inspector official to stop work if contrary to public welfare.
Whenever in the opinion of the building inspector official, by reason of defective or illegal
work in violation of a provision or requirement of this chapter, the continuance of a building
operation is contrary to the public welfare, he may order in writing that all further work be stopped
and may require suspension of work until the condition in violation has been remedied.
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Ordinance No. 2012 -
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Sec. 6 -6. - Energy efficiency code adopted.
(a) The Florida Energy Efficiency Code for Building Construction is hereby adopted by
reference as the Winter Springs Energy Efficiency Building Code for use within the city.
fie) The energy efficiency building code is on file and available for public inspection in
the building department of the city.
ARTICLE II. ADMINISTRATION
DIVISION 1. GENERALLY
Sec. 6 -31. - Administrative amendments to Chapter 1 of the Florida Building Code.
Chapter 1 of the Florida Building Code, as provided for in Section 553.73, Florida Statutes
(200 f ), is hereby amended in the following respects: (The section numbers in italics provided below
are for reference purposes only, and are included to provide ease of reference between this chapter
and the Florida Building Code. Further, certain portions of Chapter 1 of the Florida Building Code
unaffected by these local amendments are omitted from this section 6 -31 altogether and /or indicated
by ellipses (* * * ). Those sections of Chapter 1 of the Florida Building Code omitted from this
section 6 -31 and /or indicated by an ellipses shall remain in full force and effect as set forth in the
Florida Building Code.)
101.2 Scope. The provisions of this code shall apply to the construction, alteration,
movement, enlargement, replacement, repair, equipment, use and occupancy, location,
maintenance, removal and demolition of every building or structure or any appurtenances
connected or attached to such buildings or structures.
Exception:
1. Detached one- and two- family dwellings and multiple single- family
dwellings (townhouses) not more than three stories above grade plane
in height with a separate means of egress and their accessory
structures shall comply with the Florida Building Code, Residential.
2. Existing buildings undergoing repair, alterations or additions and
change of occupancy shall comply with Florida Building Code,
Existing.
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Ordinance No. 2012 -
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101.2.1 Appendices. Provisions in the appendices shall not applyunless specifically adopted.
The City of Winter Springs hereby adopts Appendix F, Rodent Proofing.
101.2.2 Florida Building Code, Residential Construction standards or practices which are not
covered by Florida Building Code, Residential volume shall be in accordance with the
provisions of Florida Building Code, Building.
101.3.1 Quality control. Quality control of materials and workmanship is not within the
purview of this code except as it relates to the purposes stated herein.
101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building
system or plan by this jurisdiction, under the requirements of this code, shall not be construed
in any court as a warranty of the physical condition of such building, system or plan or their
adequacy. The city shall not be liable in tort for damages or hazardous or illegal condition
or inadequacy in such building, system or plan, nor for any failure of any component of such,
which may occur subsequent to such inspection or permitting.
101.4.4 Property maintenance. The provisions of the International Property Maintenance
Code, 2006, as adopted by Article VIII of this Chapter, shall apply to existing structures and
premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire
safety hazards; responsibilities of owners, operators and occupants; and occupancy of
existing premises and structures.
102.2 Building The provisions of the Florida Building Code shall apply to the construction,
erection, alteration, modification, repair, equipment, use and occupancy, location,
maintenance, removal and demolition of every public and private building, structure or
facility or floating residential structure, or any appurtenances connected or attached to such
buildings, structures or facilities. Additions, alterations, repairs and changes of use or
occupancy group in all buildings and structures shall comply with the provisions provided
in Chapter 34 of the Florida Building Code. The following buildings, structures and facilities
are exempt from the Florida Building Code as provided by law, and any further exemptions
shall be as determined by the legislature and provided by law:
a) Building and structures specifically regulated and preempted by the federal
government.
b) Railroads and ancillary facilities associated with the railroad.
c) Nonresidential farm buildings on farms.
d) Temporary buildings or sheds used exclusively for construction purposes.
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e) Mobile or modular structures used as temporary offices, except that the
provisions of Part 11 (Section 553.501 - 553.513, Florida Statutes) relating to
accessibility by persons with disabilities shall apply to such mobile or
modular structures. Permits shall be required for structural support and tie
down, electric supply and all other such utility connections to such mobile or
modular structures as required by the City.
f) Those structures or facilities of electric utilities, as defined in Section 366.02,
Florida Statutes, which are directly involved in the generation, transmission,
or distribution of electricity.
g) Temporary sets, assemblies, or structures used in commercial motion picture
or television production, or any sound - recording equipment used in such
production, on or off the premises.
h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the
Seminole Tribe of Florida. As used in this paragraph, the term "chickee"
means an open -sided wooden but that has a thatched roof of palm or palmetto
or other traditional materials, and that does not incorporate any electrical,
plumbing, or other non -wood features.
1) Family mausoleums not exceeding 250 square feet in area which are
prefabricated and assembled on site or preassembled and delivered on site
and have walls, roofs, and a floor constructed of granite, marble, or
reinforced concrete.
]1 Temporary housing provided by the Department of Corrections to any
prisoner in the state correctional system.
102.5 Partial invalidity. In the event that any part or provision of the Florida Building Code
is held to be illegal or void, this shall not have the effect of making void or illegal any of the
other parts or provisions.
102.6 Existing structures. The legal occubancv of anv structure existing on the date of
adoption of this code shall be permitted to continue without change, except as is specifically
covered in this code, the International Property Maintenance Code, 2006, or the Florida Fire
Prevention Code. or as is deemed necessary by the building official for the general safetv and
welfare of the occupants and the public.
103.1 Building Division. There is hereby established a division of the Community
Development Department called the Building Division. The Building Division shall be led
by the building official, who in turn will report to the community development director.
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103.2 Building Official. The building official shall be hired or appointed by the community
development director, with the approval of the city manager, and shall be licensed in
accordance with Chapter 553, Florida Statutes, as may be amended, as a Building Code
Administrator by the State of Florida.
103.3 Building Division Employees. The community development director, with the
approval of the city manager, may appoint or hire such number of officers, inspectors, plans
examiners, and other assistants to the building official as are needed from time to time,
provided such person shall not be appointed or hired as either an inspector or plans examiner
unless that person meets the qualifications for licensure as an inspector or plans examiner as
established in Chanter 553, Florida Statutes, as may be amended.
104.1 General. The building official is hereby authorized and directed to enforce the
provisions of this code. The building official shall have the authority to render interpretations
of this code and to adopt policies and procedures in order to clarify the application of its
provisions. Such interpretations, policies and procedures shall be in compliance with the
intent and purpose of this code. Such policies and procedures shall not have the effect of
waiving requirements specifically provided for in this code.
104.2 Applications and permits. The building official shall receive applications, review
construction documents and issue permits for the erection, and alteration, demolition and
moving of buildings and structures, inspect the premises for which such permits have been
issued and enforce compliance with the provisions of this code.
104.3 Notices and orders. The building official shall issue all necessary notices or orders to
ensure compliance with this code.
104.4 Inspections. The building official shall make all of the required inspections, or the
building official shall have the authority to accept reports of inspection by approved agencies
or individuals. Reports of such inspections shall be in writing and be certified by a
responsible officer of such approved agency or by the responsible individual. The building
official is authorized to engage such expert opinion as deemed necessary to report upon
unusual technical issues that arise, subject to the approval of the city manager.
104.5 Identification. The building official shall carry_proper identification when inspecting
structures or premises in the performance of duties under this code.
104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions
of this code, or where the building official has reasonable cause to believe that there exists
in a structure or upon a premises a condition which is contrary to or in violation of this code
which makes the structure or premises unsafe, dangerous or hazardous, the building official
is authorized to enter the structure or premises at reasonable times to inspect or to perform
City of Winter Springs
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the duties imposed by this code, provided that if such structure or premises be occupied that
credentials be presented to the occupant and entry requested. If such structure or premises
is unoccupied, the building official shall first make a reasonable effort to locate the owner
or other person having charge or control of the structure or premises and request entry. If
entry is refused, the building official shall have recourse to the remedies provided by law to
secure entry.
104.7 Department records. The building official shall keep official records of applications
received, permits and certificates issued, fees collected, reports of inspections, and notices
and orders issued. Such records shall be retained in the official records for the period
required for retention of public records pursuant to Chapter 119, Florida Statutes.
104.8 Liability. The building official, member of the board of meals or employee charged
with the enforcement of this code, while acting for the city in good faith and without malice
in the discharge of the duties required by this code or other pertinent law or ordinance, shall
not thereby be rendered liable personally and is hereby relieved from personal liability for
any damage accruing to persons or property as a result of any act or by reason of an act or
omission in the discharge of official duties. Any suit instituted against an officer or employee
because of an act performed by that officer or employee in the lawful discharge of duties and
under the provisions of this code shall be defended by legal representative of the city until
the final termination of the proceedings. The building official or any subordinate shall not
be liable for cost in any action, suit or proceeding that is instituted in pursuance of the
provisions of this code.
104.10 Modifications. Wherever there are practical difficulties involved in carry out ut the
provisions of this code, the building official shall have the authority to grant modifications
for individual cases, upon application of the owner or owner's representative, provided the
building official shall first find that special individual reason makes the strict letter of this
code impractical and the modification is in compliance with the intent and purpose of this
code and that such modification does not lessen health, accessibility, life and fire safety, or
structural requirements. The details of action granting modifications shall be recorded and
entered in the files of the department of building safety.
104.12 Requirements not covered by code. Any requirements necessary for the strength,
stability or proper operation of an existing or proposed building, structure, electrical, gas,
mechanical or plumbing system, or for the public safety, health and general welfare, not
specifically covered by this or the other technical codes, shall be determined by the building
official.
105.2.2 Minor Repairs. Ordinary minor repairs or installation of replacement parts may be
made with the prior approval of the building official without a permit, provided the repairs
do not include the cutting away of any wall, partition or portion thereof, the removal or
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cutting of any structural beam or load - bearing support, or the removal or change of any
required means of egress, or rearrangement of parts of a structure affecting the egress
requirements; nor shall ordinary repairs include addition to, alteration of, replacement or
relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent
or similar piping, electric wiring or mechanical or other work affecting public health or
general safety, and such repairs shall not violate any of the provisions of the technical codes.
105.2.3 Public service agencies. A permit shall not be required for the installation, alteration
or repair of generation, transmission, distribution or metering or other related equipment that
is under the ownership and control of public service agencies by established right.
105.3.1.2 No permit may be issued for any building construction, erection, alteration,
modification, repair, or addition unless the applicant for such permit provides to the
enforcing agency which issues the permit any of the following documents which apply to the
construction for which the permit is to be issued and which shall be prepared by or under the
direction of an engineer registered under Chapter 471, Florida Statutes:
1. Any electrical or plumbing or air - conditioning and refrigeration system
meeting the following thresholds are required to be designed by a Florida
Registered Engineer. The system:
1. Requires an electrical or plumbing or air - conditioning and refrigeration
system with a value of over $125,000; and
2.a. Requires an aggregate service capacity of over 600 amperes (240 volts)
on a residential electrical system or over 800 amperes (240 volts) on a
commercial or industrial electrical system;
NOTE: It was further clarified by the Commission that the limiting factor of 240 volt or over
is required to be designed by an Engineer.
b. Requires a plumbing system with 250 fixture units or more;
c. Requires a heating, ventilation, and air - conditioning system that exceeds
a 15- ton -per- system capacity, or if the project is designed to accommodate
over 100 persons.
NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons
and $125,000 apply to the building occupancy load and the cost for the total air - conditioning
system of the building.
2. Fire sprinkler documents for any new building or addition which includes a
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fire sprinkler system which contains 50 or more sprinkler heads. A Contractor
I, Contractor II, or Contractor IV, certified under Section 633.521 Florida
Statutes, may design a fire sprinkler system of 49 or fewer heads and may
design the alteration of an existing fire sprinkler system if the alteration
consists of the relocation, addition or deletion of not more than 49 heads,
notwithstanding the size of the existing fire sprinkler system.
3. Any specialized mechanical, electrical, or plumbing document for any new
building or addition which includes a medical gas, oxygen, steam, vacuum,
toxic air filtration, halon, or fire detection and alarm system which costs
more than $5,000.
Documents requiring an engineer seal by this part shall not be valid unless a professional
engineer who possesses a valid certificate of registration has signed, dated, and stamped such
document as brovided in Section 471.025, Florida Statutes.
105.3.2 Time limitation of application. An application for a permit for any proposed work
shall be deemed to have been abandoned becoming null and void 180 days after the date of
filing, unless such application has been pursued in good faith or a permit has been issued;
except that the building official is authorized to grant one or more extensions of time for
additional periods not exceeding 90 days each. The extension shall be requested in writing
and justifiable cause demonstrated.
105.3.8 Public right of way. A permit shall not be ivg en by the building official for the
construction of any building, or for the alteration of any building where said building is to
be changed and such change will affect the exterior walls, bays, balconies, or other
appendages or projections fronting on any street, alley or public lane, or for the placing on
any lot or premises of any building or structure removed from another lot or premises, unless
the applicant has received a right of way permit from the authority having jurisdiction over
the street, alley or public lane.
105.5 Expiration. Evea permit issued shall become invalid unless the work on the site
authorized by such permit is commenced within 180 days after its issuance, or if the work
authorized on the site by such permit is suspended or abandoned for a period of 180 days
after the time the work is commenced. The building official is authorized to grant, in writing,
one or more extensions of time, for periods not more than 180 days each. The extension shall
be requested in writing and justifiable cause demonstrated.
105.6 Suspension or revocation. The building official is authorized to suspend or revoke a
permit issued under the provisions of this code wherever the permit is issued in error or on
the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance
or regulation or any of the provisions of this code.
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107.1 General. Submittal documents consisting of construction documents, statement of
special inspections, geotechnical report and other data shall be submitted in two or more sets
with each permit application. The construction documents shall be prepared by a registered
design professional where required by Chapter 471, Florida Statutes& 61G15 Florida
Administrative Code or Chapter 481, Florida Statutes& 61 G1 Florida Administrative Code.
Where special conditions exist, the building official is authorized to require additional
construction documents to be prepared by a registered design professional.
107.2.1 Information on construction documents. Construction documents shall be
dimensioned and drawn upon suitable material. Electronic media documents are permitted
to be submitted when approved by the building official. Construction documents shall be of
sufficient clarity to indicate the location, nature and extent of the work proposed and show
in detail that it will conform to the provisions of this code and relevant laws, ordinances,
rules and regulations, as determined by the building official. Such drawings and
specifications shall contain information, in the form of notes or otherwise, as to the quality
of materials, where quality is essential to conformity with the technical codes. Such
information shall be specific, and the technical codes shall not be cited as a whole or in part,
nor shall the term "legal" or its equivalent be used as a substitute for specific information.
All information, drawings, specifications and accompanying data shall bear the name and
signature of the person responsible for the design. (see also Section 107.3.5).
107.2.3 Means of egress. The construction documents shall show in sufficient detail the
location, construction, size and character of all portions of the means of egress in compliance
with the provisions of this code. In other than occupancies in Groups R -2, R -3, and I -1, the
construction documents shall designate the number of occupants to be accommodated on
every floor, and in all rooms and spaces.
107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the
exterior wall envelope in sufficient detail to determine compliance with this code. The
construction documents shall provide details of the exterior wall envelope as required,
including flashing, intersections with dissimilar materials, corners, end details, control j oints,
intersections at roof, eaves or parapets, means of drainage, water - resistive membrane and
details around openings. The construction documents shall include manufacturer's
installation instructions that provide supporting documentation that the proposed penetration
and opening details described in the construction documents maintain the weather resistance
of the exterior wall envelope. The supporting documentation shall fully describe the exterior
wall system which was tested, where applicable, as well as the test procedure used.
107.2.5 Site plan. The construction documents submitted with the application forpermit shall
be accompanied by a site plan showing to scale the size and location of new construction and
existing structures on the site, distances from lot lines, the established street grades and the
proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood
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elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the
case of demolition, the site plan shall show construction to be demolished and the location
and size of existing structures and construction that are to remain on the site or plot. The
building official is authorized to waive or modify the requirement for a site plan when the
application for permit is for alteration or repair or when otherwise warranted.
107.3 Examination of documents. The building official shall examine or cause to be
examined the accompanying submittal documents and shall ascertain by such examinations
whether the construction indicated and described is in accordance with the requirements of
this code and other pertinent laws or ordinances.
Exceptions:
I . Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state -
approved manufactured buildings are exempt from local codes enforcing agency plan reviews
except for provisions of the code relating to erection, assembly or construction at the site.
Erection, assembly (including utility crossover connections) and construction at the site are
subject to local permitting and inspections. Photocopies of plans approved according to
section 9B- 1.009, F.A.C., shallbe sufficient forlocalbermit application documents of record
for the modular building portion of the permitted project.
2. Industrial construction on sites where design, construction and fire safety are
supervised by appropriate licensed design and inspection professionals and which contain
adequate in -house fire departments and rescue squads is exempt, subject to approval of the
building official, from review of plans and inspections, providing the appropriate licensed
design and inspection professionals certify that applicable codes and standards have been met
and supply appropriate approved drawings to local building and fire - safety inspectors.
107.3.3 Phased approval. The building official is authorized to issue a permit for the
construction of foundations or any other part of a building or structure before the
construction documents for the whole building or structure have been submitted, provided
that adequate information and detailed statements have been filed complying with pertinent
requirements of this code. The holder of such permit for the foundation or other parts of a
building or structure shall proceed at the holder's own risk with the building operation and
without assurance that a permit for the entire structure will be granted.
107.3.4 Design professional in responsible charge_
107.3.4.1 General. When it is required that documents be prepared by a registered design
professional, the building official shall be authorized to require the owner to engage and
designate on the building permit application a registered design professional who shall act
as the registered design professional in responsible charge. If the circumstances require, the
City of Winter Springs
Ordinance No. 2012 -
Page 11 of 52
owner shall designate a substitute registered design professional in responsible charge who
shall perform the duties required of the original registered design professional in responsible
charge. The building official shall be notified in writing by the owner if the registered design
professional in responsible charge is changed or is unable to continue to perform the duties.
The registered design professional in responsible charge shall be responsible for reviewing
and coordinating submittal documents prepared by others, including phased and deferred
submittal items, for compatibility with the design of the building.
107.3.4.2 Deferred submittals. For the purposes of this section, deferred submittals are
defined as those portions of the design that are not submitted at the time of the application
and that are to be submitted to the building official within a specified period. Deferral of any
submittal items shall have the prior approval of the building official. The registered design
professional in responsible charge shall list the deferred submittals on the construction
documents for review by the building official. Documents for deferred submittal items shall
be submitted to the registered design professional in responsible charge who shall review
them and forward them to the building official with a notation indicating that the deferred
submittal documents have been reviewed and found to be in general conformance to the
design of the building. The deferred submittal items shall not be installed until the deferred
submittal documents have been approved by the building official.
107.3.5 Minimum plan review criteria for buildings. The examination of the documents by
the building official shall include the following minimum criteria and documents: a floor
plan; site plan; foundation plan; floor /roof framing plan or truss layout; all fenestration
penetrations; flashing; and rough opening dimensions; and all exterior elevations:
Residential (one- and two -famil
7. Structural requirements shall include:
Wall section from foundation through roof, including assembly and materials
connector tables wind requirements structural calculations (if required)
Termite protection
Design protection
Design loads
Wind requirements
Building envelope
Structural calculations (if required)
Foundation
Wall systems
Floor systems
Roof systems
City of Winter Springs
Ordinance No. 2012 -
Page 12 of 52
12. Manufactured buildings plan except for foundations and modifications of buildings
on site.
1. Site requirements
Setback/separation (assumed property lines)
Location of septic tanks (if applicable)
2. Structural
Wind zone
Anchoring
Blocking
3. Plumbing
List potable water source and meter size (if applicable)
4. Mechanical
Exhaust systems
Clothes dryer exhaust
Kitchen equipment exhaust
5. Electrical
Exterior disconnect location
107.4 Amended construction documents. Work shall be installed in accordance with the
reviewed construction documents, and any changes made during construction that are not in
compliance with the reviewed construction documents shall be resubmitted for approval as
an amended set of construction documents.
109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the
following:
• Permits;
• Plans examination;
• Certificates of competency (including fees for applications, examinations, renewal, late
renewal, and reciprocity);
• Re- inspections;
• Administrative fees (including fees for investigative and legal costs incurred in the context
of certain disciplinary cases heard by the board);
• Variance requests;
• Administrative appeals;
• Violations; and
• Other fees as established by local resolution or ordinance.
109.3 Building permit valuations. The applicant for a permit shall provide an estimated
permit value at time of application. Permit valuations shall include total value of work,
City of Winter Springs
Ordinance No. 2012 -
Page 13 of 52
including materials and labor, for which the permit is being issued, such as electrical, gas,
mechanical, plumbing equipment and permanent systems. If, in the opinion of the building
official, the valuation is underestimated on the application, the permit shall be denied, unless
the applicant can show detailed estimates to meet the approval of the building official. Final
building permit valuation shall be set by the building official.
109.4 Work commencing before efore permit issuance. Any person who commences any work on
a building, structure, electrical, gas, mechanical or plumbing system before obtaining the
building official's approval or the necessary permits shall be subject to a penalty of 100
percent of the usual permit fee in addition to the required permit fees or as provided by local
ordinance. This provision shall not apply to emergency work when delay would clearly have
placed life or property in imminent danger. But in all such cases the required permit(s) must
be applied for within three (3) business days and any unreasonable delay in obtaining those
permit(s) shall result in the charge of a double fee. The payment of a double fee shall not
preclude or be deemed a substitute for prosecution for commencing work without first
obtaining a permit. The building official may grant extensions of time or waive fees when
justifiable cause has been demonstrated in writing.
109.5 Related fees. The payment of the fee for the construction, alteration, removal or
demolition for work done in connection to or concurrently with the work authorized by a
building permit shall not relieve the applicant or holder of the permit from the payment of
other fees that are prescribed by law.
109.6 Refunds. The building official is authorized to establish a refund policy.
110.1 General. Construction or work for which a permit is required shall be subject to
inspection by the building official and such construction or work shall remain accessible and
exposed for inspection purposes until approved. Approval as a result of an inspection shall
not be construed to be an approval of a violation of the provisions of this code or of other
ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel
the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall
be the duty of the permit applicant to cause the work to remain accessible and exposed for
inspection purposes. The building official shall be permitted to require a boundary line
survey prepared by a qualified surveyor whenever the boundary lines cannot be readily
determined in the field. Neither the building official nor the jurisdiction shall be liable for
expense entailed in the removal or replacement of any material required to allow inspection.
110.1.1 Manufacturers and fabricators. When deemed necessaryby the building official, he
shall make, or cause to be made, an inspection of materials or assemblies at the point of
manufacture or fabrication. A record shall be made of every such examination and
inspection and of all violations of the technical codes.
City of Winter Springs
Ordinance No. 2012 -
Page 14 of 52
110.1.2 Inspection service. The building official may make, or cause to be made, the
inspections required by 110. He or she may accept reports of department inspectors,
independent inspectors or of recognized inspection services, provided that after investigation
he /she is satisfied as to their licensure, Qualifications and reliability. A certificate required
by any provision of this code shall not be based on such reports unless the same are recorded
by the building code inspector or the architect or engineer performing building code
inspections in a manner specified by the building official. The building official shall ensure
that all persons making such inspections shall be certified in accordance to Chapter 468
Florida Statues.
110.3 Required inspections. The building official, upon notification from the permit holder
or his or her agent shall make the following inspections, and such other inspections as
deemed necessary and shall either release that portion of the construction or shall notify the
permit holder or his or her agent of any violations which must be corrected in order to
comply with the technical codes. The building official shall determine the timing and
sequencing of when inspections occur and what elements are inspected at each inspection.
Building:
1. Foundation inspection. Footing and foundation inspections shall be made after
excavations for footings are complete and any required reinforcing steel is in place.
For concrete foundations, any required forms shall be in place prior to inspection.
Materials for the foundation shall be on the job, except where concrete is ready
mixed in accordance with AS TM C 94, the concrete need not be on the job. and shall
at a minimum include the following building components:
• Stem -wall
• Monolithic slab -on -grade
•Piling /pile caps
•Footers /grade beams
1.1. Slab Inspection: Concrete slab and under -floor inspections shall be made after
in -slab or under -floor reinforcing steel and building service equipment, conduit,
piping accessories and other ancillary equipment items are in place, but before any
concrete is placed or floor sheathing installed, including the subfloor.
A foundation/Form board surveyprepared and certified by a registered surveyor may
be required, prior to approval of the slab inspection. The survey shall certify
placement of the building on the site, illustrate all surrounding setback dimensions
and shall be available at the job site for review by the building inspector. In lieu of
providing a survey, the contractor may elect to uncover all property line markers and
string -up all property lines in preparation for inspection.
City of Winter Springs
Ordinance No. 2012 -
Page 15 of 52
1.2. In flood hazard areas, upon placement of the lowest floor, including basement,
and prior to further vertical construction, the elevation certification required in
Section 1612.5 shall be submitted to the building official.
2. Framing inspection. Framing inspections shall be made after the roof deck or
sheathing, all framing, fireblocking and bracing are in place and pipes, chimneys and
vents to be concealed are complete and the rough electrical, plumbing, heating wires,
pipes and ducts are approved, and shall at a minimum include the following building
components:
• Window /door framing and installation
• Vertical cells /columns
•Lintel/tie beams
•Framing/trusses /bracing /connectors(including truss layout & Engineered drawings)
-Draft stopping /fire blocking
• Curtain wall framing
• Energy insulation
• Accessibility
• Verify rough opening dimensions are within tolerances
• Window /door buck attachment
2.1. Insulation Inspection: To be made after the framing inspection is approved and
the insulation is in place.
2.2 Lath and gypsum board inspection. Lath and gypsum board inspections shall be
made after lathing and gypsum board, interior and exterior, is in place, but before any
plastering is applied or gypsum board joints and fasteners are taped and finished.
Exception: Gypsum board that is not part of a fire- resistance- rated assembly or a
shear assembly.
3.Sheathing inspection. To be made either as part of a dry -in inspection or done
separately at the request of the contractor after all roof and wall sheathing and
fasteners are complete and shall at a minimum include the following building
components:
-Roof sheathing
• Wall sheathing
• Sheathing fasteners
-Roof/wall dry -in.
• Sheathing/cladding inspection
NOTE: Sheathing fasteners installed and found to be missing the structural member
(shiners) shall be removed and properly reinstalled prior to installation of the dry -in
material.
City of Winter Springs
Ordinance No. 2012 -
Page 16 of 52
4.Roofing inspection. To be made as a minimum of two inspections and shall include
the following building components:
. Dry -in
• Insulation
-Roof coverings (including In Progress as necessary)
•Flashing
5.Final inspection. To be made after the building is completed and ready for
occupancy.
5.1. Lowest floor elevation. In flood hazard areas, upon placement of the lowest
floor, including the basement, and prior to further vertical construction, the elevation
certification required in Section 1612.5 shall be submitted to the building official.
6. Swimming pool inspection.
First inspection to be made after excavation and installation of reinforcing steel,
bonding and main drain and prior to placing of concrete shell.
Underground electric inspection.
Underground piping inspection including a pressure test
Deck inspection: to be made prior to installation of the deck material (with forms,
deck drains, and any reinforcement in place
Safety Inspection; Made prior to filling the pool with the bonding connections made,
the proper drain covers installed and the final barriers installed.
Final inspection to be made when the swimming pool is complete and all required
enclosure requirements are in place. In order to pass final inspection and receive a
certificate of completion, a residential swimming pool must meet the requirements
relating to pool safety features as described in Section 424.2.17.
Site Debris
1. The contractor and /or owner of any active or inactive construction project
shall be responsible for the clean -up and removal of all construction debris or any
other miscellaneous discarded articles prior to receiving final inspection approval.
Construction job sites must be kept clean.
2. All debris shall be kept in such a manner as to prevent it from being spread
by any means.
City of Winter Springs
Ordinance No. 2012-
Page 17 of 52
110.3. 10 Final inspection. The final inspection shall be made after all work required by
building permit is completed.
110.4 Inspection agencies. The building official is authorized to accept reports of approved
inspection agencies, provided such agencies satisfy the requirements as to qualifications and
reliability.
SECTION 113 BOARD OF APPEALS.
113.1 Construction Board of Adjustment and Appeals. There is hereby established a board
to be called the construction board of adjustments and appeals, which shall consist of the five
(5) members of the Winter Springs City Commission. The term of office for each of the five
(5) seats which comprise the board of adjustments and appeals shall be the term of office for
the commissioner who occupies that particular seat. Vacancies shall be filled for an
unexpired term in the same manner in which commission seat vacancies are filled under the
terms of the City Charter for the City of Winter Springs as well as the Winter Springs Code
of Ordinances.
113.2 Powers. The Construction Board of Adjustments and Appeals shall have the power,
further defined in 113.3, to hear appeals of decisions and interpretations of the building
official.
113.3 Appeals.
113.3.1 Decision of the building official. The owner of a building, structure or
service system, or his or her duly authorized agent, may appeal a decision of the
building official to the Construction Board ofAdjustment and Appeals whenever any
one of the following conditions are claimed to exist:
1. The building official rejected or refused to approve the mode or
manner of construction proposed to be followed or materials to be used in the
installation or alteration of a building, structure or service system.
2. The provisions of this code do not apply to this specific case.
3. That an equally good or more desirable form of installation can be
employed in any specific case.
4. The true intent and meaning of this code or any of the regulations
there under have been misconstrued or incorrectly interpreted.
City of Winter Springs
Ordinance No. 2012 -
Page 18 of 52
113.3.2 Notice of meal. Notice of meal shall be in writing and filed within 30
calendar days after the decision is rendered by the building official. Appeals relating
to provisions of the Florida Building Code, other than local amendments, may be
appealed to the Florida Building Commission, pursuant to section 120.569, Florida
Statutes, regarding the local governments action. Notice of Administrative Rights
may be obtained from the building division.
113.3.3 Decisions. The Construction Board of Adjustment and Appeals shall, in
every case, reach a decision without unreasonable or unnecessary delay. Each
decision of the board shall also include the reasons for the decision. If a decision of
the board reverses or modifies a refusal, order, or disallowance of the building
official or varies the application of any provision of this code, the building official
shall immediately take action in accordance with such decision. Every decision shall
be promptly filed in writing in the office of the building official and shall be open to
public inspection. A certified copy of the decision shall be sent by mail or otherwise
to the appellant and a copy shall be kept publicly posted in the office of the building
official for two weeks after filing. Every decision of the board shall be final, subject
however to such remedy as any aggrieved party might have at law or in equity.
SECTION 114 VIOLATIONS
114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect,
construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or
equipment regulated by this code, or cause same to be done, in conflict with or in violation
of any of the provisions of this code.
114.2 Notice of violation. The building official or any city law enforcement officer or code
enforcement official is authorized to serve a notice of violation or order on the person
responsible for the erection, construction, alteration, extension, repair, moving, removal,
demolition or occupancy of a building or structure in violation of the provisions of this code,
or in violation of a permit or certificate issued under the provisions of this code. Such order
shall direct the discontinuance of the illegal action or condition and the abatement of the
violation.
114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the
building official, law enforcement officer or code enforcement official is authorized to
pursue code enforcement proceedings, request the city's legal counsel to institute the
appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to
require the removal or termination of the unlawful occupancy of the building or structure in
violation of the provisions of this code or of the order or direction made pursuant thereto.
City of Winter Springs
Ordinance No. 2012 -
Page 19 of 52
114.4 Violation penalties. Any person who violates a provision of this code or fails to
comply with any of the requirements thereof or who erects, constructs, alters or repairs a
building or structure in violation of the approved construction documents or directive of the
building official, or of a permit or certificate issued under the provisions of this code, shall
be subject to penalties as prescribed by law.
SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT
116.1 The standards and enforcement procedures applicable to unsafe structures and
equipment shall be governed by the International Property Maintenance Code, 2006, as
adopted by Article VIII of this Chapter.
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City of Winter Springs
Ordinance No. 2012 -
Page 25 of 52
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City of Winter Springs
Ordinance No. 2012 -
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Ordinance No. 2012 -
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City of Winter Springs
Ordinance No. 2012-
Page 29 of 52
Sec. 6 -32. - Administrative amendments to Chapter 2 of the Florida Building Code.
Chapter 2 of the Florida Building Code, as provided for in Section 553.73, Florida Statutes
(z96 f), is hereby amended in the following respects: (The section numbers in italics provided below
are for reference purposes only, and are included to provide ease of reference between this chapter
and the Florida Building Code.)
Board. The appropriate City oreounty Board of Adjustment and Appeals, unless
otherwise specifically stated. See section 6 -31 (113.1) of this Code.
Building official. An emblovee of the citv with building construction regulation
responsibilities charged with the responsibility for direct regulatory administration or
supervision of plan review, enforcement, or inspection of building construction, erection,
repair, addition, remodeling, demolition, or alteration projects that require permitting
indicating compliance with building, plumbing, mechanical, electrical, gas, fire prevention,
energy, accessibility, and other construction codes as required by state law or municipal or
county ordinances. One person employed by the city as a building code administrator or
building official and who is so certified pursuant to Florida law maybe authorized to perform
any plan review or inspection for which certification is required by Florida law.
City of Winter Springs
Ordinance No. 2012-
Page 30 of 52
111110
1 11 1, 1 11
-
-
-
11111111111 IN1111 1111111
IIIIIIIIIIIIIIIIIIIIIIIIJIMAJUJIMM01
11 1 1 11 11 Jill
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111111 Hill 11 ''111, 11111 111 111111 11 111 111111 �Ivl, 111 11
I' Mil,
Miffla"
Sec. 6 -32. - Administrative amendments to Chapter 2 of the Florida Building Code.
Chapter 2 of the Florida Building Code, as provided for in Section 553.73, Florida Statutes
(z96 f), is hereby amended in the following respects: (The section numbers in italics provided below
are for reference purposes only, and are included to provide ease of reference between this chapter
and the Florida Building Code.)
Board. The appropriate City oreounty Board of Adjustment and Appeals, unless
otherwise specifically stated. See section 6 -31 (113.1) of this Code.
Building official. An emblovee of the citv with building construction regulation
responsibilities charged with the responsibility for direct regulatory administration or
supervision of plan review, enforcement, or inspection of building construction, erection,
repair, addition, remodeling, demolition, or alteration projects that require permitting
indicating compliance with building, plumbing, mechanical, electrical, gas, fire prevention,
energy, accessibility, and other construction codes as required by state law or municipal or
county ordinances. One person employed by the city as a building code administrator or
building official and who is so certified pursuant to Florida law maybe authorized to perform
any plan review or inspection for which certification is required by Florida law.
City of Winter Springs
Ordinance No. 2012-
Page 30 of 52
Sec. 6 -33. - Local wind speed design criteria iilres.
The basic wind speed in miles per hour for the development of wind loads, shall be as
follows:
(a) For Risk Category I Buildings — 129 MPH (see Seminole Figure 1609C).
For Risk Category II Buildings — 139 MPH (see Seminole Figure 1609A).
( c) For Risk Category III Buildings — 149 MPH (see Seminole Figure 1609B).
l � � b — �r✓ s '
Y ) �
O
M
T
0 2.5 5 10 1S 20
Miles
City of Winter Springs
Ordinance No. 2012-
Page 31 of 52
SEMINOLE
Figure 1609C
Ultimate Design Wind Speeds
Risk Category I Buildings
BASIC WIND SPEED. the basic wind apeed in en Ies per hour, forthe
of wintl loads. s all be tle[ertnlnetl from Figure 1609. TM1e exact
ebn of wintl speed Imes shall be establlsM1ed by local ortllnance using
acognizetl physical landmarks such as major roads, canala, rivers end lake
ahores wM1enever poss3la.
WIND -BORNE DEBft'S REGION. Areas wdhm hurricane -prone regions
lowtotl:
1 VVItM1 1 U ( 81 km)of the coastal gM1 I'ne where the
I1 ate tl 9 D p etl Vu [ s 130 mph
08 ) greater or
2 1 a M1 Ikma:e tles gn w d p 'I 140 mph (53 m /s) or
g rer
R's C t g ry 1 h ngs antl strut[ b p ncy category III
IC' gs and sirvclures except hea th c f 1- iM1 w Idborne debns
g shall be'I- nn Figure 1609A. For ncy cal fl N IV bu Itlings
d Cures antl occuparsy category I 1 hea care fa It' 1 v� ndhorne
bras reg'on she be basetl on Frgure 16098.
,orb 0 os, r�ranta.e.
X20 \
,ate
can
w�na apam emm�.,. nr me �pasa � �,
bi�y =a op3a3� .
r d
O 2.5 5 10 15 20
SEMINOLE
Figure 1609A
Ultimate Design Wind Speeds
Risk Category 11 Buildings
SASIOYJINDSPEED. The basic wintl speed in miles par hour, for the
tlevelopmenl of wind loads, shall be determined from Figure 1609. Th
locallon of wlrM sp =_etl lines shall be estabftshed by local ordinance usipq a
cognized physical lantlmalks such es major roads, canals, mers antl lake.
shores whenever possible.
WIND -BORNE DEBRIS REGION. Areas within humcane prone regions
bwtad
1. Nh[hin 1 mtle (ID km) oII c IS. mean high water line where the
ultimate design wind spN Vultis1,, mph (481 org14B , 1
2. In areas where the ultimata tlesign wind speed Vuft is 140 mpn
greater
Risk Category II buildings antl structures and occupancy category III
builtlings antl stru�Ures, exec 1 h Itl care faGlRies.. th ,1 -borne debris
n shall be based on Figure 1600A. For occupancy category IV builtlings
antl structures antl occupancy category III health care facilities, the windborne
debris region shall be baeed on Figure t609H_
\��sdmgaan�.i �
stto( 9) ( Pe
. dm.nmur of lne was.a.
tl!o
so (Antnueor -
SEMINOLE
Figure 1609B
Ultimate Design Wind Speeds
Risk Category III and IV Building!
speed in mile p r nnp6 far e
p �a la��s sna�ll oe e�ieolra� n afar mcai o.��na� a �'e ne as
zetl pM1ys cal landmarks such as major roads, canals, avers antl lake
s D -BORNE DEBRIS REGION. Areas within nunicane- prone regions
to (t.01 km) of the coastal mean high water line where the
It greater;
swherethe ullimstetl g Intl sp VUlt en IS 140 mph (53 m1s)ar
�cept�eattn care tae�tiesc fhe w ndborne �ebns
1$O oryl � u dnfls rstracWres
males rsn `
tar coastal
= w,iry= eaopsas. ...
Section f 606. f.6 of the Florida Building eode requires the exact locations of wind sptrd
fines to be k1stablished by local ordin . — cognized pity sical landmarks such as traj or roads,
City of Winter Springs
Ordinance No. 2012-
Page 32 of 52
f•!•A!•!!!1�•4�_ _ _ _ _ _ _ !•�•T_ _ _ _ _ _ _ _ _ _ _ _ _ _ _•!!R.!!S!!E•i!ff _ _
V1, =111 911111132 11 1 1 11 WMA I 11111615
■
ARTICLE III. BUILDING CONSTRUCTION STANDARDS
Sec. 6 -81. - Standard fluHding ende, Standard Existing fluHding ende, Standard ffoushng,
ende and Otte and Two Fanifly Oweffing Florida Building Code adopted.
The city hereby adopts in there its entirety the most recent version of the Florida Building
Code, as may be amended from time to time. , excluding
Section f 0-2.2. f, Section -2405.2. f.6, ehapter f f, and Appendices B and E; the Standard Existing
i3ailditigeodef9SSEditiott;atidtiteStatidardfforTsitigeodef99f Edit' ilgated by the
f 995 Edition excluding Section 308.4.9 as the mitfinium standards for building and construction
vv ithin the ritr. The provisions of the Florida Building Code these standard codes shall govern all
matters contained therein, except when local codes are more stringent, in which case local codes will
govern pursuant to section 553.73, Florida Statutes, inclusive of electric, plumbing, and mechanical
codes in conflict vvith the pro visions of this chapter or other orditiances of the city.
Sec. 6 -82. - Amendment to bufliding code. Reserved.
City of Winter Springs
Ordinance No. 2012-
Page 33 of 52
T!�!.lfT.fff_ _ !ilis_ _ T. fEyOA lITSTl�S7�r��i!!�!_7�liPiTi_ .
RIM
Sec. 6 -83. - Television dish antennas.
(a) Permit required. Except for those antennas that do not exceed one (1) meter (39.37
inches) in diameter and 12 feet in height, +the installation of all television dish antennas
and /or satellite antennas shall require a building permit. All television dish antennas and
satellite antennas shall be subject to the following requirements:
(1) Television dish antennas or satellite antennas shall not be installed or attached
to any part of the roof structure of any residential building.
(2) Television dish antennas or satellite antennas maybe installed on or attached
to roofs of commercial or industrial buildings but only upon submission of a
certificate of an engineer or architect currently registered to do business in the state.
Such certification shall be to the effect that a structural analysis has been made of the
building and such building can safely support the specific antenna with a minimum
adopted wind loading of one hundred twenty -nine (129) miles per
hour.
(3) Television dish antennas or satellite antennas shall not be installed in front
of the front line of any residential, commercial, or industrial building.
(4) Television dish antennas or satellite antennas may only be installed in side
yards or back yards of any building.
(5) No portion of any antenna or support structure shall be closer than five (5)
feet from any property line.
(6) Television dish antennas or satellite antennas shall not be located on any
public way, easement, or parkway.
(7) Television dish antennas or satellite antennas shall not be installed in any
designated parking area of any building.
(8) Except for subsection (a)(6), the requirements of this subsection (a) may be
modified to the extent necessary for the television dish antenna or satellite antenna
to receive an acceptable signal. Mobile mounted television dish antentia or sateffil
antentia structure shall comply vvitit all requirentents (f) through (�) ab,
City of Winter Springs
Ordinance No. 2012 -
Page 34 of 52
(b) Apartment and condominium buildings. Apartment or condominium buildings above
three (3) stories in height shall be treated as commercial structures for the purpose of these
regulations for television dish antenna or satellite antennas.
( c) Height restriction. The installation of any television dish antenna or satellite antenna
shall not exceed the height restriction set forth in the zoning ordinance for that location.
The requirements set forth in this section are intended to further the City's health, safety and
aesthetic objectives to protect the public by ensuring that antennas are appropriately installed so as
to withstand the minimum wind loads established by this chapter, and in the City's residential
districts, to maintain a visually pleasing environment free from unsightly technical equipment.
Sec. 6 -84. - Accessory buildings.
(b) Height and size restrictions. The maximum height of an accessory building shall be
twelve (12) feet measured from ground level. The maximum size of any structure shall be
two hundred forty (240) square feet. Notvvithstanding the restrictions set forth in this
Detached, accessory buildings may exceed twelve (12) feet in height or the
maximum size of two hundred forty (240) square feet, provided the city manager or
designee determines that each of the following criteria is satisfied:
The accessory building does not exceed one -third (1/3) of the air -
conditioned square footage area of the principal structure;
The accessory building is compatible and harmonious with the
principal structure and the surrounding land uses and structures;
The accessory building will not adversely impact land use activities
in the immediate vicinity;
The height of the proposed accessory building does not exceed the
height of the principal structure; and
City of Winter Springs
Ordinance No. 2012 -
Page 35 of 52
The accessory building shall meet the requirements of the applicable
zoning district including setback and maximum lot coverage.
An accessory building that is attached to a principal structure by a breezeway
is not considered an accessory building, but rather, is considered an expansion of the
principal structure and is subject to satisfying all applicable requirements, including,
but not limited to, setbacks and maximum lot coverage, of the zoning district in
which the principal structure is located. It may therefore, exceed the height and size
restrictions as noted above in subsection (b)(1); however, it shall not exceed the
height of the principal structure. A breezeway is a covered passageway, which
connects the principal structure to the proposed addition. It shall not exceed 35 feet
in length. An application for waiver of the maximum breezeway length identified
herein maybe made pursuant to the procedures set forth in section 20 -34 of this code.
( c) Location. All accessory buildings shall be located to the rear of the front facade of
the principal structure the existing buildings litic.
(e) Setback requirements. When an accessory building is attached to aprincipal stracture
by a breezeway, passage or otherwise, it shall become a part of the principal stractur
Setbacks shall be the same as those of the principal structure, except that the rear yard
setback for accessory buildings that are not attached to the principle structure by a breezeway
maybe reduced to six (6) feet .
(14) No accessory building shall be constructed or placed on an easement.
Easentents—if an casentent Ott tile lot where dic building is to be located is greater
City of Winter Springs
Ordinance No. 2012 -
Page 36 of 52
11MIMEM1111 0111111 11111111111111111 I�
(25) Detached, private garages which exceed twelve (12) feet in height or two
hundred forty (240) square feet in area must meet the setbacks of the applicable
zoning district for the principal structure.
Sec. 6 -85. - Accessory dwelling units.
An accessory dwelling unit (ADU) is an ancillary or secondary dwelling unit that is clearly
subordinate to the principal dwelling, which has a separate egress /ingress independent from the
principal dwelling, and which provides complete independent living facilities for one (1) or more
persons and which includes provisions for living, sleeping, eating, cooking, and sanitation. It is
located on the same parcel or lot as the principal dwelling and shall be subject to the required
setbacks of the principal structure and may be either attached to or detached from the principal
dwelling. Accessory dwelling units (ADUs) must conform to the following standards:
Sec. 6 -86. - Screen Enclosures /rooms.
(a) Definition. For purposes of this section, the term "screen enclosure" shall mean an
enclosure consisting entirely of screen mesh, except for minimum essential structural
framework required for its support. The term "screen room" shall mean an enclosure
consisting of walls of insect screening with or without removable vinvl or acrvlic wind break
panels, and a roof of insect screening, plastic, aluminum or similar lightweight material.
(b ,c) Setbacks. The screen enclosure /room shall meet all code requirements for front and
side yard setbacks which are applicable to the subject property. Notwithstanding any other
applicable rear setback requirement, the screen enclosure /room shall not be located any
closer than seven (7) feet from the rear property line of the subject property. On lakefront
property, no screen enclosure /room shall be located any closer than twenty -five (25) feet
from the shoreline, as determined by the existing or established high -water control level.
City of Winter Springs
Ordinance No. 2012-
Page 37 of 52
(cd) Height. The screen enclosure /room shall not be higher than the primary structure on
the subject property, except for instances when the principal structure does not exceeds
twelve (12) feet in height. Inwhic these cases, the screen enclosure /room shall beset back
an additional one (1) foot tvvo (2) feet from the minimum setback requirements contained in
subsection (-o b) for every additional foot above twelve feet.
(dr) Easements. Screen enclosures /rooms shall not be constructed within an easement
area, atiless the casentent expressly allovvs s id constracti .
(ef) Screen enclosure%oom modifications. If any portion of an existing screen
enclosure /room is modified so that it no longer satisfies the definition in subsection (a), the
modified screen enclosure /room shall meet all building setback and height requirements that
are applicable to principal and accessory buildings for the subject property.
ARTICLE IV. ELECTRICAL, PLUMBING, MECHANICAL & GAS EihEeTfflef
Sec. 6 -101. - Eiectricai code adopted Electrical, plumbing, mechanical and gas work.
All electrical, plumbing, mechanical and gas work shall be performed and completed in
accordance with the most recently adopted version of the Florida Building Code. The city her
adopts in its entirety that certain electrical codeknovvn as theNational Elkletricat eode, f 999 Editi
as published by the National fire Protection Association and ttic eentral Florida *dvisor
eommittee �ioticc "M'y , except as othervvise provided in this article.
Sec. 6 -102. - Ternis defit Reserved.
Sec. 6 -103. - Eiectricai inspection. Reserved.
11111"'1111ml '116, 11 •
.11.1 %till l.A1.1�. a�1Cr�a.1.r.�r1l�1R.�1S1��1�t�l l�l9l.1RK��.. �1MMIM a s51 ML's 1...n M0a�i9�ll
Sec. 6 -104. - Fees. Reserved.
City of Winter Springs
Ordinance No. 2012-
Page 38 of 52
Sec. 6 -126. - flumbing code adopted-. Reserved.
Sec. 6 -127. - Terms defit Reserved.
Sec. 6 -128. - flumbing inspection. Reserved.
Sec. 6 -129. - Fees. Reserved.
Sec. 6 -146. - Standard Afechatficai ende adopt Reserved.
_ .:• M _
Sec. 6 -147. - Bf nitions. Reserved.
::
City of Winter Springs
Ordinance No. 2012 -
Page 39 of 52
rm :: _ : I -?l awn .Imnr
Imllowmimmummm
Sec. 6 -127. - Terms defit Reserved.
Sec. 6 -128. - flumbing inspection. Reserved.
Sec. 6 -129. - Fees. Reserved.
Sec. 6 -146. - Standard Afechatficai ende adopt Reserved.
_ .:• M _
Sec. 6 -147. - Bf nitions. Reserved.
::
City of Winter Springs
Ordinance No. 2012 -
Page 39 of 52
Sec. 6 -148. - Afechatficai inspection. Reserved.
Sec. 6 -149. - Fees. Reserved.
Sec. 6 -165. - Standard Unsafe fluflidimig Abatentemit ende adopted. Reserved.
Sec. 6 -166. - Repair or removal. Reserved.
wigillillmon I I I I I I �a �eill1ill1i 11111 Ill I 1111 11121 11111 111 ANN III ill I ill I I iiiii
Sec. 6 -167. - Notice of unsafe bufliding to be served nit persons having interest in buflidingg
methold of . Reserved.
Mae
ii
Sec. 6 -166. - Repair or removal. Reserved.
wigillillmon I I I I I I �a �eill1ill1i 11111 Ill I 1111 11121 11111 111 ANN III ill I ill I I iiiii
Sec. 6 -167. - Notice of unsafe bufliding to be served nit persons having interest in buflidingg
methold of . Reserved.
City of Winter Springs
Ordinance No. 2012-
Page 40 of 52
;MN I d-
City of Winter Springs
Ordinance No. 2012-
Page 40 of 52
Sec. 6 -168. -
notice. Reserved.
• --
Sec. 6 -169. - Vacating unsafe buildings and closing adjacent streets. Reserved.
.:- :_ _:::
till
Sec. 6 -168. -
notice. Reserved.
• --
Sec. 6 -169. - Vacating unsafe buildings and closing adjacent streets. Reserved.
ARTICLE V. VilifL FENCES, WALLS, HEDGES
Sec. 6 -186. - Permit required.
Plans showing the location of any proposed fence or wall in excess of one hundred dollars
($100.00) cumulative value and the type of construction shall be submitted to the building official
and a permit obtained therefore from the building official.
Sec. 6 -187. - Construction materials.
Fences and walls constructed within the city shall conform to one (1) of the following:
(a +) Wood fences constructed of rot -and termite - resistive species of wood or chemically
pressure- treated to resist rot and termite attack.
(bi) Street posts and wire fabric fences with fabric of a minimum of eleven gauge
galvanized or other non - corrodible metal.
(I Ornamental iron.
City of Winter Springs
Ordinance No. 2012 -
Page 41 of 52
I 011111lilIMMIL11=51111
M�e I
ill
:
ARTICLE V. VilifL FENCES, WALLS, HEDGES
Sec. 6 -186. - Permit required.
Plans showing the location of any proposed fence or wall in excess of one hundred dollars
($100.00) cumulative value and the type of construction shall be submitted to the building official
and a permit obtained therefore from the building official.
Sec. 6 -187. - Construction materials.
Fences and walls constructed within the city shall conform to one (1) of the following:
(a +) Wood fences constructed of rot -and termite - resistive species of wood or chemically
pressure- treated to resist rot and termite attack.
(bi) Street posts and wire fabric fences with fabric of a minimum of eleven gauge
galvanized or other non - corrodible metal.
(I Ornamental iron.
City of Winter Springs
Ordinance No. 2012 -
Page 41 of 52
(d4) Ventilated concrete or masonry.
(c�) Decorative PVC or aluminum, structurally sound to maintain spans and Otte han�
ten (110) mph wind loa-d.
Sec. 6 -188. - Exceptions to section 6 -187.
Mere In the R -CI (Single- family dwelling district) zoning classifications, which allows
vv ithin the city allo vv for horses, barbed wire fences will be permitted as well as fabric fences with
fabric of less than a minimum of eleven -gauge galvanized or other noncorrodible metal.
Sec. 6 -189. - When barbed wire permissible.
In the I -I (Light Industrial) zone areas where security fences are permitted, barbed wire may
be used above six (6) feet .
Sec. 6 -191. - Corner lots. Lintitations when adjaeent to street, '
(a) In order to ensure visibility and safety for pedestrians, and to provide clear sight lines
for traffic entering an intersection,
corners on corner lots, no fence, wall or other visual obstruction shall be erected,
plantcdorgrovvt within twenty -five (25) feet of the intersecting property line corner adjacent
to the street intersection corners.
When the side of the principle structure on a corner lot faces a road right -of -way on
which adjacent dwellings have frontage, then any fence located on the corner lot shall be
subject to the height limitations set forth in section 6- I90(a) to permit a clear field of
visibility for pedestrians and /or vehicles entering or exiting the adjacent property.
Sec. 6 -192. - Utility easements.
(a) It shall be lawful for any person to enclose or fence any utility easements; provided,
however, that adequate access must be provided thereto by the fence owner. If it becomes
necessary to cut a fence or remove walls for the purpose of installation of new utilities or
repairing or maintaining installed utilities, it shall be the responsibility of the property owner
to repair or replace the fence or wall to the condition existing previous to the installation,
repair or maintenance the atility company in v ol v ed shall be responsible hJ � "pail kit I eplace
the fence or vv all to th%, condition existing pre v io as to the installation, repair or maintenance.
City of Winter Springs
Ordinance No. 2012 -
Page 42 of 52
(b) A dedicated right -of -way shall not be fenced by any private citizen. However, aii
�rw�w�ksw�r��r�ww�e�w��wr .w!r�w�R�r.�w�
Sec. 6 -193. - Distance from property line.
Fences, walls or other visible obstructions hedges must be at least three (3) inches from
property lines, except adjacent property owners may connect or otherwise attach their respective
fences and walls in order to eliminate any gap or space between the fences and walls. The property
owner's mutual written consent must be provided on a form acceptable to the city prior to the city
permitting any such connection or attachment.
Sec. 6 -194. - Article provisions not controlling; exception.
Provisions of this article do not supersede or control deed restrictions running with the land
unless the provisions thereit herein are more stringent than in the deed restriction.
Sec. 6 -195. - Maintenance of fences or walls.
All fences and walls and accessories thereto shall be maintained in good order and in a
condition equal to that which was originally approved by the building official at the time a building
permit was issued. If for any reason the fence or wall was erected without a building permit, said
wall or fence shall be maintained in accordance with the conditions and requirements necessary for
obtaining a fence or wall permit from the building official under this Article. Within thirty (30) days
receipt of written notice by the City that a wall or fence does not comply with the requirements of
this section, a property owner shall bring such fence or wall in compliance with this section within
thirty (30) days of receipt of such notice. The thirty-day period may be extended an additional thirty-
day period by the City Manager or the City Manager's designee for good cause shown.
City of Winter Springs
Ordinance No. 2012 -
Page 43 of 52
•
I wil 11 If •
Lip • . -
�rw�w�ksw�r��r�ww�e�w��wr .w!r�w�R�r.�w�
Sec. 6 -193. - Distance from property line.
Fences, walls or other visible obstructions hedges must be at least three (3) inches from
property lines, except adjacent property owners may connect or otherwise attach their respective
fences and walls in order to eliminate any gap or space between the fences and walls. The property
owner's mutual written consent must be provided on a form acceptable to the city prior to the city
permitting any such connection or attachment.
Sec. 6 -194. - Article provisions not controlling; exception.
Provisions of this article do not supersede or control deed restrictions running with the land
unless the provisions thereit herein are more stringent than in the deed restriction.
Sec. 6 -195. - Maintenance of fences or walls.
All fences and walls and accessories thereto shall be maintained in good order and in a
condition equal to that which was originally approved by the building official at the time a building
permit was issued. If for any reason the fence or wall was erected without a building permit, said
wall or fence shall be maintained in accordance with the conditions and requirements necessary for
obtaining a fence or wall permit from the building official under this Article. Within thirty (30) days
receipt of written notice by the City that a wall or fence does not comply with the requirements of
this section, a property owner shall bring such fence or wall in compliance with this section within
thirty (30) days of receipt of such notice. The thirty-day period may be extended an additional thirty-
day period by the City Manager or the City Manager's designee for good cause shown.
City of Winter Springs
Ordinance No. 2012 -
Page 43 of 52
Sec. 6 -193. - Distance from property line.
Fences, walls or other visible obstructions hedges must be at least three (3) inches from
property lines, except adjacent property owners may connect or otherwise attach their respective
fences and walls in order to eliminate any gap or space between the fences and walls. The property
owner's mutual written consent must be provided on a form acceptable to the city prior to the city
permitting any such connection or attachment.
Sec. 6 -194. - Article provisions not controlling; exception.
Provisions of this article do not supersede or control deed restrictions running with the land
unless the provisions thereit herein are more stringent than in the deed restriction.
Sec. 6 -195. - Maintenance of fences or walls.
All fences and walls and accessories thereto shall be maintained in good order and in a
condition equal to that which was originally approved by the building official at the time a building
permit was issued. If for any reason the fence or wall was erected without a building permit, said
wall or fence shall be maintained in accordance with the conditions and requirements necessary for
obtaining a fence or wall permit from the building official under this Article. Within thirty (30) days
receipt of written notice by the City that a wall or fence does not comply with the requirements of
this section, a property owner shall bring such fence or wall in compliance with this section within
thirty (30) days of receipt of such notice. The thirty-day period may be extended an additional thirty-
day period by the City Manager or the City Manager's designee for good cause shown.
City of Winter Springs
Ordinance No. 2012 -
Page 43 of 52
ARTICLE VI. IX—. SWIMMING POOLS
Sec. 6 -210. - ende adopt Florida Building Code.
All swimming pools shall be constructed in accordance with the applicable provisions of
the Florida Building Code, as may be amended. The city hereby adopts i1i its entirety that ccrtaitT
Southern Building leode leongress ftiternational, ftic., except as othervvise provided in this article.
Sec. 6 -212. - Application for permit; plans and specifications.
Before any work is commenced on the construction of a pool or any structural alteration,
addition or the remodeling thereof, an application for a permit to construct such pool, accompanied
by two (2) sets of plans and specifications and pertinent explanatory data, shall be furnished to the
building official of the city for his approval, and no part of the work shall be commenced until the
building inspector official has granted such permit to construct and has further evidenced his
approval by a suitable endorsement upon such plans and specifications, and no such pool shall be
used until final inspection has been made and approved by the building official. The building official
shall review such plans and specifications to determine whether they comply with the provisions of
this article and with all other applicable codes .
City of Winter Springs
Ordinance No. 2012-
Page 44 of 52
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City of Winter Springs
Ordinance No. 2012-
Page 44 of 52
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Ordinance No. 2012-
Page 44 of 52
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Sec. 6 -213. - Inspections.
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(b) The first inspection shall be made after excavation and reinforcing steel or structural
framework is in place; second inspection, plumbing rough -in and electrical rough -in; third
inspection, pool deck, pool safety inspection, and final inspection, to be made on completion
and ready for use.
City of Winter Springs
Ordinance No. 2012-
Page 45 of 52
(c) During construction, all excavation must be enclosed by fencing which is a minimum
of five (5) feet high and capable of preventing access by children. This fence must be in
place at the time of the first inspection and remain in place until the pool is completed. This
fencing may be of temporary construction or it may be of the permanent type required
pursuant to Florida law by section 6-217 . If of temporary construction, it must be
replaced by the permanent enclosure required by Florida law section 6-2f
prior to issuance by the building official of final approval of the pool.
Sec. 6 -215. - . Reserved.
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Sec. 6 -216. - . Reserved.
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City of Winter Springs
Ordinance No. 2012-
Page 46 of 52
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City of Winter Springs
Ordinance No. 2012-
Page 46 of 52
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Sec. 6 -217. - Endosure required. Reserved.
Sec. 6 -218. - Getterai construction provisions for concrete p
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City of Winter Springs
Ordinance No. 2012 -
Page 47 of 52
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Sec. 6 -220. - Pool removal.
The removal of a pool shall involve the complete removal of the pool's structural shell, as
well as all related equipment and appurtenances. The site shall be restored to its original condition
at approved grade.
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Sec. 6 -221. - flumbing requirenzents7 Reserved.
City of Winter Springs
Ordinance No. 2012-
Page 48 of 52
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City of Winter Springs
Ordinance No. 2012-
Page 48 of 52
Sec. 6 -240. - Standard Gas Code adopted. Reserved.
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Sec. 6 -241. - Ternis defit Reserved.
Sec. 6 -242. - Gas inspect Reserved.
Sec. 6 -243. - Fees. Reserved.
ARTICLE VII. X-H-. CITATIONS; UNLICENSED CONTRACTORS; FAILURE TO
OBTAIN BUILDING PERMIT
Sec. 6 -271. - Findings.
The city commission of the City of Winter Springs hereby finds:
(a +) The commencement or performance of work for which a building permit is required
without such building permit being in effect creates a grave threat to the public health, safety,
and welfare and jeopardizes the safety of occupants of buildings.
(b -2) The performance of construction by contractors who are not duly licensed, when a
contracting license is required, may pose a danger of significant harm to the public when
City of Winter Springs
Ordinance No. 2012-
Page 49 of 52
incompetent or dishonest unlicensed contractors provide unsafe, unstable, or short -lived
products or services.
Sec. 6 -273. - Citation form.
A citation issued by a code enforcement officer shall be in a form prescribed by the city
commission by resolution, and shall contain at a minimum:
(a +) The time and date of issuance.
(b -2) The name and address of the person to whom the citation is issued.
(6) The time and date of the violation.
(d4) A brief description of the violation and the facts constituting reasonable cause.
(c6) The name of the code enforcement officer.
(f6) The procedure for the person to follow in order to pay the civil penalty or to contest
the citation.
(e) The applicable civil penalty if the person elects not to contest the citation.
Sec. 6 -277. - Correction of violation; payment of penalty; notice of hearing.
Upon receipt of a citation, the person charged with the violation shall elect either to:
(a +) Correct the violation and pay to the city the civil penalty in the manner indicated on
the citation; or
(b -2) Within ten (10) days of receipt of the citation, exclusive of weekends and legal
holidays, request an administrative hearing before the city's code enforcement board to
appeal the issuance of the citation in accordance with the procedures set forth in this article.
Any request for an administrative hearing shall be made and delivered in writing to the city
manager by the time set forth in this subsection. Failure to request an administrative hearing
in writing within the ten (10) day time period shall constitute a waiver of the violator's right
to an administrative hearing. A waiver of said right shall be deemed an admission of the
violation, and penalties shall be imposed as set forth on the citation.
City of Winter Springs
Ordinance No. 2012-
Page 50 of 52
ARTICLE VIII. XffE INTERNATIONAL PROPERTY MAINTENANCE CODE
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Transmittal of Local Amendments to Administrative Provisions of
Florida Building Code to Florida Building Commission. Within 30 days of adoption, the
Community Development Director, or his designee, shall transmit a copy of this Ordinance to the
Florida Building Commission, as required by section 553.73(4)(a), Florida Statutes.
Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter.
[ADOPTION PAGE FOLLOWS]
City of Winter Springs
Ordinance No. 2012-
Page 51 of 52
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2012.
CHARLES LACEY, Mayor
ATTEST:
ANDREA LORENZO - LUACES
City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading:
Legal Ad Published:
Effective Date:
City of Winter Springs
Ordinance No. 2012 -
Page 52 of 52
Attachment "B"
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - SEPTEMBER 11, 2012
(RESCHEDULED FROM SEPTEMBER 5, 2012)
PAGE 3 OF 8
Further comments.
PUBLIC INPUT
Chairman Poe opened "Public Input ".
No one spoke.
Chairman Poe closed "Public Input"
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department — Planning Division
Requests that the Planning and Zoning Board hold a public hearing to consider
Ordinance 2012 -15, the update of Chapter 6, Code of Ordinances, Buildings and
Building Regulation.
Mr. Bobby Howell, AICP, Planner, Community Development Department presented the
item and stated, "Chapter 6 has provisions that date back to 1974. We use this Chapter
on a daily basis in the Planning and Building Department. It refers to such stuff as
fences, screen porches, swimming pools, and accessory buildings; and those are the
things people really, typically come to the counter for the most. That's when the citizens
really, typically interact with us in regards to those types of things.
Many of the provisions in the Code are currently obsolete though and they're superseded
by the Florida Building Code, the International Property Maintenance Code, and Federal
Law, such as the Telecommunications Act of 1996. In addition to that, provisions of the
Chapter such as Accessory Buildings are kind of difficult to interpret. So, we took this as
a clean -up opportunity to do some clean -up and make it a little bit easier to understand,
not only for the Staff, but for the citizens of the City and Contractors that do business
with us."
Continuing with the presentation, Mr. Howell commented specifically on changes related
to television dish antennas, accessory buildings, and screen enclosures /rooms.
Brief discussion followed on setbacks, and property lines.
='_4
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - SEPTEMBER 11, 2012
(RESCHEDULED FROM SEPTEMBER 5, 2012)
PAGE 4 OF 8
Chairman Poe opened "Public Input "for this Agenda Item.
No one spoke.
Chairman Poe closed "Public Input "for this Agenda Item.
"I WILL MAKE THE MOTION TO APPROVE ITEM `500' AS PRESENTED BY L
STAFF ". MOTION BY CHAIRMAN POE. SECONDED BY BOARD MEMBER
CASMAN. DISCUSSION.
VOTE
BOARD MEMBER CASMAN: AYE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER WALKER: AYE
CHAIRMAN POE: AYE
MOTION CARRIED.
PUBLIC HEARINGS
501. Community Development Department — Planning Division
Requests that the Local Planning Agency review the preliminary Five -Year Capital
Improvements Program for FY 2013 through FY 2018.
Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department
presented the item and began by explaining "In accordance with the Comprehensive Plan,
the City annually reviews the Capital Improvements Program, basically to ensure timely
provisions of the Capital Facilities needed to maintain the level of service standards.
The program serves, basically as blueprint for future Capital Investments, but neither
appropriates funds nor authorizes projects. The biggest priority for the Capital Program
is ensuring again, facilities currently meet the adopted level of service and that they
continue to do so in the future, as growth occurs and other conditions change. With that
said, Staff is recommending that the Planning and Zoning Board approve the Preliminary
Capital Improvement Program for Fiscal Year 2013 and through 2018, as presented."
Discussion.
Chairman Poe opened "Public Input "for this Agenda Item.
No one addressed the Board.
Chairman Poe closed "Public Input" for this Agenda Item.