HomeMy WebLinkAbout2012 10 08 Public Hearings 501 Ordinance 2012-15 Chapter 6 updates
COMMISSION AGENDA
Informational
Consent
ITEM501
Public Hearings
X
Regular
October 08, 2012KSRS
Regular MeetingCity ManagerDepartment
REQUEST:
The Community Development Department – Planning Division requests that the City
Commission hold a public hearing for the second reading and adoption 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 important elements.
The vast majority of the provisions contained within this chapter are out-of-date,
unenforceable, superseded by current state and/or federal law, and are generally difficult to
interpret. Staff undertook the task of the update in order to make it easier to understand and
interpret for staff, contractors, and the citizens.
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS
Florida Statutes 163.2511-163.3246 : (Provides that land development regulations for
municipal planning be consistent with the Comprehensive Plan).
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Springs Charter Article IV. Governing Body.
Section 4.06. General powers and duties.
Section 4.15. Ordinances in General.
City of Winter Springs Comprehensive Plan
Winter Springs Code of Ordinances, Chapter 6, Buildings and Building Regulation
Public Hearings 501 PAGE 1 OF 4 - October 08, 2012
CONSIDERATIONS:
For some time, an update of Chapter 6 was necessary. There are many provisions of this
chapter that are currently obsolete, and superseded by the Florida Building Code, the
International Property Maintenance Code, and federal law such as the
Telecommunications Act of 1996. Moreover, there are provisions of this chapter such as
the accessory building and fence sections that and are generally difficult to interpret. Staff
has prepared Ordinance 2012-15, which details major changes to Chapter 6.
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 501 PAGE 2 OF 4 - October 08, 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 501 PAGE 3 OF 4 - October 08, 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.
This item was advertised in the Orlando Sentinel on September 27, 2012
RECOMMENDATION:
Staff and the Planning and Zoning Board recommend the City Commission approve second
reading and adoption of Ordinance 2012-15, the update of Chapter 6, Code of Ordinances,
Buildings and Building Regulation.
ATTACHMENTS:
A.Ordinance 2012-15
B.Minutes – Planning & Zoning Board, September 11, 2012
C.Advertisement – Orlando Sentinel, September 27, 2012
Public Hearings 501 PAGE 4 OF 4 - October 08, 2012
Attachment "A"
ORDINANCE NO. 2012-15
AN ORDINANCE OFTHE CITY COMMISSION OFTHE
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.
, the City is granted the authority, under § 2(b), Art. VIII of the State
WHEREAS
Constitution, to exercise anypower for municipal purposes, except when expressly prohibited by
law; and
section 553.80, FloridaStatutes, requires the City to enforce the provisions of
WHEREAS,
the Florida Building Code on all public or private buildings, structures, and facilities; and
the Florida Building Code is intended to provide a mechanism for the uniform
WHEREAS,
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
the Florida Building Code is also intended to allow effective and reasonable
WHEREAS,
protection for public safety, health, and general welfare for all the people of Florida at the most
reasonable cost to the consumer; and
the International Property Maintenance Code is intended to ensure public
WHEREAS,
health, safetyand welfare in so far as they are affected by the continued occupancy and maintenance
of structures and premises; and
Chapter 6 of the Winter Springs City Code, entitled Buildings and Building
WHEREAS,
Regulation, expresslyadopts 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
the City desires to comprehensively revise and update certain portions of
WHEREAS,
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
the City additionally desires to adopt updated local amendments to the
WHEREAS,
City of Winter Springs
Ordinance No. 2012-15
Page 1 of 52
administrative provisions of the FloridaBuildingCode pursuant to its authorityunder section
553.73(4)(a), Florida Statutes; and
the City Commission of the City of Winter Springs, Florida, hereby finds this
WHEREAS,
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:
The foregoing recitals arehereby fully incorporated herein by
Section 1. Recitals.
reference as legislative findings of the City Commission of Winter Springs.
The City of Winter Springs Code of Ordinances, Chapter
Section 2. Code Amendment.
6, Buildings and BuildingRegulation, is hereby amended as follows (underlinedtype 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 textin Chapter 6 denoted bythe
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, energyconservation,
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.
City of Winter Springs
Ordinance No. 2012-15
Page 2 of 52
Sec. 6-6. - Energy efficiency code adopted.
(a)The Florida Energy Efficiency Code for Building Construction is hereby adopted by
reference as the Winter Springs Energy Efficiency Building Code for use within the city.
(b)The energyefficiency building code may be amended by the city commission by the
adoption of resolutions.
( c)The energyefficiency building code is on file and availablefor public inspection in
the building department of the city.
* * *
ARTICLE II. ADMINISTRATION
DIVISION 1. GENERALLY
Sec. 6-31. - Administrative amendments to Chapter 1 of the Florida Building Code.
Chapter 1 of the Florida Building Code, as provided for in Section 553.73, Florida Statutes
(2001), is hereby amended in the following respects: (The section numbers in italics provided below
are for reference purposes only, and are included to provide ease of reference between this chapter
and the Florida BuildingCode. Further, certain portions of Chapter 1 of the Florida BuildingCode
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.)
Scope. The provisions of this code shall apply to the construction, alteration,
101.2
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 undergoingrepair, alterations or additions and
change of occupancy shall comply with Florida BuildingCode,
Existing.
City of Winter Springs
Ordinance No. 2012-15
Page 3 of 52
Appendices. Provisions in the appendices shall not applyunless specificallyadopted.
101.2.1
The City of Winter Springs hereby adopts Appendix F, Rodent Proofing.
Florida Building Code, Residential Construction standards or practices which arenot
101.2.2
covered byFlorida Building Code, Residential volume shall be in accordance with the
provisions of Florida Building Code, Building.
Qualitycontrol. Quality control of materials and workmanship is not within the
101.3.1
purview of this code except as it relates to the purposes stated herein.
Warranty and Liability. The permitting, plan review or inspection of anybuilding,
101.3.2
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.
Property maintenance. The provisions of the International Property Maintenance
101.4.4
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.
Building. The provisions of the Florida Building Code shall applyto the construction,
102.2
erection, alteration, modification, repair, equipment, use and occupancy, location,
maintenance, removal and demolition of every public and private building, structure or
facilityor 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.
City of Winter Springs
Ordinance No. 2012-15
Page 4 of 52
e)Mobile or modular structures used as temporaryoffices, except that the
provisions ofPart II (Section 553.501-553.513, FloridaStatutes) relating to
accessibility by persons with disabilities shall applyto such mobile or
modular structures. Permits shall be required for structural support and tie
down, electric supplyand 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)Temporarysets, assemblies, or structures used in commercial motion picture
or television production, or any sound-recording equipment usedin such
production, on or off the premises.
h)Chickeesconstructed by the Miccosukee Tribe of Indians of Florida or the
Seminole Tribe of Florida. As used in this paragraph, the term chickee
means an open-sided wooden hut that has a thatched roof of palm or palmetto
or other traditional materials, and that does not incorporate any electrical,
plumbing, or other non-wood features.
I)Family mausoleums not exceeding 250 square feet in area which are
prefabricated and assembled on site or preassembled and delivered on site
and have walls, roofs, and a floor constructed of granite, marble, or
reinforced concrete.
j)Temporary housing provided by the Department of Corrections to any
prisoner in the state correctional system.
Partial invalidity. In the event that any part or provision of the Florida Building Code
102.5
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.
Existing structures. The legal occupancy of anystructure existing on the date of
102.6
adoption of this code shall be permitted to continue without change, except as is specifically
covered in this code, the International Property Maintenance Code, 2006, or the Florida Fire
Prevention Code, or as is deemed necessary by the building official for the general safety and
welfare of the occupants and the public.
Building Division. There is hereby established a division of the Community
103.1
Development Department called the Building Division. The Building Division shall be led
by the building official, who in turn will report to the community development director.
City of Winter Springs
Ordinance No. 2012-15
Page 5 of 52
BuildingOfficial. The building official shall be hired or appointed bythe community
103.2
development director, with the approval of the city manager, and shall be licensed in
accordance with Chapter 553, FloridaStatutes, as may be amended, asa Building Code
Administrator by the State of Florida.
BuildingDivision Employees. The community development director, with the
103.3
approval of the city manager, may appoint or hire such number of officers, inspectors, plans
examiners, and other assistants to the building official as are needed from time to time,
provided such person shall not be appointed or hired as either an inspector or plans examiner
unless that person meets the qualifications for licensure as an inspector or plans examiner as
established in Chapter 553, Florida Statutes, as may be amended.
General. The building official is hereby authorized and directed to enforce the
104.1
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.
Applicationsand permits. The building official shall receive applications, review
104.2
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.
Notices and orders. The building official shall issue all necessary notices or orders to
104.3
ensure compliance with this code.
Inspections. The building official shall make all of the required inspections, or the
104.4
building official shall have the authority to accept reports of inspection byapproved agencies
or individuals. Reports of such inspections shall be in writing and be certified bya
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.
Identification. The building official shall carry properidentification when inspecting
104.5
structures or premises in the performance of duties under this code.
Right of entry. Where it is necessary to make an inspection to enforce the provisions
104.6
of this code, or where the building official has reasonable cause to believe that there exists
in a structure or upon a premises a condition which is contrary to or in violation of this code
which makes the structure or premises unsafe, dangerous or hazardous, the building official
is authorized to enter the structure or premises at reasonable times to inspect or to perform
City of Winter Springs
Ordinance No. 2012-15
Page 6 of 52
the duties imposed bythis code, provided that if such structureor 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 controlof the structure or premises and request entry. If
entryis refused, the building official shall have recourse to the remedies provided by law to
secure entry.
Department records. The building official shall keep official records of applications
104.7
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.
Liability. The building official, member of the board of appeals or employee charged
104.8
with the enforcement of this code, while acting for the cityin good faith and without malice
in the discharge of the duties required by this code or other pertinent law or ordinance, shall
not therebybe rendered liable personally and is herebyrelieved 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 institutedinpursuance of the
provisions of this code.
Modifications. Wherever thereare practical difficulties involved in carrying out the
104.10
provisions ofthis code, the building official shall have the authority to grant modifications
for individual cases, upon application of the owner or owners 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.
Requirements not covered by code. Any requirements necessary for the strength,
104.12
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.
Minor Repairs. Ordinary minor repairs or installation of replacement parts may be
105.2.2
made with the prior approval of the building official without a permit, provided the repairs
do not include the cutting away of any wall, partition or portion thereof, the removal or
City of Winter Springs
Ordinance No. 2012-15
Page 7 of 52
cutting of anystructural beamor load-bearingsupport, or the removal or change of any
required means of egress, or rearrangement of parts of a structure affectingthe egress
requirements; nor shall ordinaryrepairs 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 wiringor 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 serviceagencies. 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.
No permit may be issued for any building construction, erection, alteration,
105.3.1.2
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 bythe Commission that the limiting criteria of 100 persons
and $125,000 applyto the building occupancyload and the cost for the total air-conditioning
system of the building.
2.Fire sprinkler documents for any new building or addition which includes a
City of Winter Springs
Ordinance No. 2012-15
Page 8 of 52
fire sprinkler system which contains 50ormore 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
engineerwho possesses a valid certificate of registration has signed, dated, and stamped such
document as provided in Section 471.025, Florida Statutes.
Time limitation of application. An application for a permit for any proposed work
105.3.2
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.
Public right of way. A permit shall not be given by the building official for the
105.3.8
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 structureremoved 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.
Expiration. Every permit issued shall become invalid unless the work on the site
105.5
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.
Suspension or revocation. The building official is authorized to suspend or revoke a
105.6
permit issued under the provisions of this code wherever the permit is issued in error or on
the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance
or regulation or any of the provisions of this code.
City of Winter Springs
Ordinance No. 2012-15
Page 9 of 52
General. Submittal documents consisting of construction documents, statement of
107.1
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, FloridaStatutes& 61G1 Florida Administrative Code.
Where special conditions exist, the building official is authorized to requireadditional
construction documents to be prepared by a registered design professional.
Information on construction documents. Construction documents shall be
107.2.1
dimensioned and drawn upon suitable material. Electronic media documents are permitted
to be submitted when approved bythe 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 shallbear the name and
signature of the person responsible for the design. (see also Section 107.3.5).
Means of egress. The construction documents shall show in sufficient detail the
107.2.3
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.
Exterior wall envelope. Construction documents for all buildings shall describe the
107.2.4
exterior wall envelope in sufficient detail to determine compliancewith this code. The
construction documents shall provide details of the exterior wall envelope as required,
including flashing, intersections with dissimilar materials, corners, end details, control joints,
intersections at roof, eaves or parapets, means of drainage, water-resistive membraneand
details around openings. The construction documents shall include manufacturers
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.
Site plan. The construction documents submitted with the application for permit shall
107.2.5
be accompanied by a site plan showing to scale the size and location of new construction and
existing structures on the site, distances from lot lines, the established street grades and the
proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood
City of Winter Springs
Ordinance No. 2012-15
Page 10 of 52
elevations; and it shall be drawn in accordance with an accurateboundaryline 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 modifythe requirement for a site plan when the
application for permit is for alteration or repair or when otherwise warranted.
Examination of documents. The building official shall examine or cause to be
107.3
examined the accompanying submittal documents and shall ascertain by such examinations
whether the construction indicated and described is in accordance with the requirements of
this code and other pertinent laws or ordinances.
Exceptions:
1.Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state-
approved manufactured buildings are exempt from local codes enforcing agency plan reviews
except for provisions of the code relating to erection, assembly or construction at the site.
Erection, assembly (including utility crossover connections) and construction at the site are
subject to local permitting and inspections. Photocopies of plans approved according to
section 9B-1.009, F.A.C., shall be sufficient for local permit application documents of record
for the modular building portion of the permitted project.
2.Industrial construction on sites where design, construction and fire safety are
supervised by appropriate licensed design and inspection professionals and which contain
adequate in-house fire departments and rescue squads is exempt, subject to approval of the
building official, from review of plans and inspections, providing the appropriate licensed
design and inspection professionals certify that applicable codes and standards have been met
and supply appropriate approved drawings to local building and fire-safety inspectors.
Phased approval. The building officialisauthorized to issue a permit for the
107.3.3
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 holders own risk with the building operation and
without assurance that a permit for the entire structure will be granted.
Design professional in responsible charge
107.3.4
General. When it is required that documents be prepared by a registered design
107.3.4.1
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. 2012-15
Page 11 of 52
ownershall 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 writingby the ownerif 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 documentsprepared by others, including phased and deferred
submittal items, for compatibility with the design of the building.
Deferred submittals. For the purposes of this section, deferred submittals are
107.3.4.2
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 andfoundto 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.
Minimum plan review criteria for buildings. The examination of the documents by
107.3.5
the building official shall include the following minimum criteria and documents: a floor
plan; site plan; foundation plan; floor/roof framing plan or truss layout; all fenestration
penetrations; flashing; and rough opening dimensions; and all exterior elevations:
Residential (one- and two-family):
* * *
7.Structural requirements shall include:
Wall section from foundation through roof, including assemblyand 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. 2012-15
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
Amended construction documents. Work shall be installed in accordance with the
107.4
reviewed construction documents, and any changes made duringconstruction that arenot in
compliance with the reviewed construction documents shall be resubmitted for approval as
an amended set of construction documents.
Types of Fees Enumerated. Fees may be charged for but not limited to the
109.2.1
following:
Permits;
Plans examination;
Certificates of competency (including fees for applications, examinations, renewal, late
renewal, and reciprocity);
Re-inspections;
Administrative fees (includingfees 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.
Building permit valuations. The applicant for a permit shall provide an estimated
109.3
permit value at time of application. Permit valuations shall include total value of work,
City of Winter Springs
Ordinance No. 2012-15
Page 13 of 52
including materials and labor, for which the permit is beingissued, 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.
Work commencing before permit issuance. Any person who commences any work on
109.4
a building, structure, electrical, gas, mechanical or plumbing system before obtaining the
building officials approval or the necessarypermits 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.
Related fees. The payment of the fee for the construction, alteration, removal or
109.5
demolition for work done in connection to or concurrently with the work authorized bya
building permit shall not relieve the applicant or holder of the permit from the payment of
other fees that are prescribed by law.
Refunds. The building official is authorized to establish a refund policy.
109.6
General. Construction or work for which a permit is required shall be subject to
110.1
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.
Manufacturers and fabricators. When deemed necessary by the building official, he
110.1.1
shall make, or cause to be made, an inspection of materials or assemblies at the point of
manufactureor 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. 2012-15
Page 14 of 52
Inspection service.The building official maymake, or causeto be made, the
110.1.2
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 arerecorded
by the building code inspector or the architect or engineerperformingbuilding 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.
Required inspections. The building official, upon notification from the permit holder
110.3
or his or her agent shall make the following inspections, and such other inspections as
deemed necessary and shall either release that portion of the construction or shall notify the
permit holder or his or her agent of any violations which must be corrected in order to
comply with the technical codes. The building official shall determine the timing and
sequencing of when inspections occur and what elements are inspected at each inspection.
Building:
1. Foundation inspection. Footing and foundation inspections shall be made after
excavations for footings are complete and any required reinforcing steel is in place.
For concrete foundations, any required forms shall be in place prior to inspection.
Materials for the foundation shall be on the job, except where concrete is ready
mixed in accordance with ASTM C 94, the concrete need not be on the job. and shall
at a minimum include the following building components:
·Stem-wall
·Monolithic slab-on-grade
·Piling/pile caps
·Footers/grade beams
1.1. Slab Inspection: Concrete slab and under-floor inspections shall be made after
in-slab or under-floor reinforcing steel and building service equipment, conduit,
piping accessories and other ancillary equipment items are in place, but before any
concrete is placed or floor sheathing installed, including the subfloor.
A foundation/Form board survey prepared and certified by a registered surveyor may
be required, prior to approval of the slab inspection. The survey shall certify
placement of the building on the site, illustrate all surrounding setback dimensions
and shall be available at the job site for review by the building inspector. In lieu of
providing a survey, the contractor may elect to uncover all property line markers and
string-up all property lines in preparation for inspection.
City of Winter Springs
Ordinance No. 2012-15
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, heatingwires,
pipes and ducts areapproved, and shall at a minimuminclude 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 sheathingand
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. 2012-15
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
Deckinspection: to be made prior to installation of the deck material (with forms,
deck drains, and any reinforcement in place
SafetyInspection; 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. 2012-15
Page 17 of 52
Final inspection. The final inspection shall be made after all work required bythe
110.3.10
building permit is completed.
Inspection agencies. The building official is authorized to accept reports of approved
110.4
inspection agencies, provided such agencies satisfy the requirements as to qualifications and
reliability.
SECTION 113 BOARD OF APPEALS.
Construction Board of Adjustment and Appeals. There is hereby established a board
113.1
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 Charterfor the City of Winter Springs as well as the Winter Springs Code
of Ordinances.
Powers. The Construction Board of Adjustments and Appeals shall have the power,
113.2
further defined in 113.3, to hear appeals of decisions and interpretations of the building
official.
Appeals.
113.3
Decision of the building official. The owner of a building, structureor
113.3.1
service system, or his or her duly authorized agent, may appeal a decision of the
building official to the Construction Board of Adjustment and Appeals whenever any
one of the following conditions are claimed to exist:
1.The building official rejected or refused to approve the mode or
manner of construction proposed to be followed or materials to be used in the
installation or alteration of a building, structure or service system.
2.The provisions of this code do not apply to this specific case.
3.That an equally good or more desirable form of installation can be
employed in any specific case.
4.The true intent and meaning of this code or any of the regulations
there under have been misconstrued or incorrectly interpreted.
City of Winter Springs
Ordinance No. 2012-15
Page 18 of 52
Notice of appeal. Notice of appeal shall be in writingandfiled within 30
113.3.2
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.
Decisions. The Construction Board of Adjustment and Appeals shall, in
113.3.3
everycase, 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
Unlawful acts. It shall be unlawful for any person, firm or corporation to erect,
114.1
construct, alter, extend, repair, move, remove, demolish or occupyany building, structure or
equipment regulated bythis code, or causesame to be done, in conflict with or in violation
of any of the provisions of this code.
Notice of violation. The building official or any city law enforcement officer or code
114.2
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.
Prosecution of violation. If the notice of violation is not complied with promptly, the
114.3
building official, law enforcement officer or code enforcement official is authorized to
pursue code enforcement proceedings, request the citys 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. 2012-15
Page 19 of 52
Violation penalties. Anyperson who violates a provision of this code or failsto
114.4
comply with anyof 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
The standards and enforcement procedures applicable to unsafe structures and
116.1
equipment shall be governed by the International Property Maintenance Code, 2006, as
adopted by Article VIII of this Chapter.
(a) Rules of construction. The rules set out in the Florida Building Code and
101.4.13
this chapter shall be observed, unless such construction is inconsistent with the manifest
intent of the code or this chapter. The rules of construction and definitions set out here shall
not be applied to any section of the FloridaBuilding Code or this chapter which contains any
express provisions excluding such construction, or where the subject matter or content of
such section would be inconsistent with this section.
(1) Generally. All provisions, terms, phrases and expressions
101.4.13.1
contained in this chapter shall be liberally construed in order that the true intent and
meaning of the FloridaBuilding Code and this chapter may be fully carried out.
Terms used in this division, unless otherwise specifically provided, shall have the
meanings prescribed by the Florida Statutes.
(2) Text. In case of any difference of meaning or implication between
101.4.13.2
the text of this chapter and any figure, the text shall control.
(3) Delegation of authority. Whenever a provision appears requiring
101.4.13.3
the building official or some other officer or employee of the City to do some act or
perform such duty, it is to be construed to authorize the building official or other
officer to designate, delegate and authorize professional level subordinates to perform
the required act or duty unless the terms of the provision or section specify otherwise.
(b) Building Division. There is hereby established a division of the Community
102.2
Development Department called the BuildingDivision. The Building Division shall be lead
by the building official, who in turn will report to the community development director.
(1) Building official qualifications. The building official shall be
102.2.1
licensed, in accordance with Chapter 553, Florida Statutes (2001), and as may be
amended, as a Building Code Administrator by the State of Florida.
City of Winter Springs
Ordinance No. 2012-15
Page 20 of 52
(2)Employee qualifications. The communitydevelopment director, with
102.2.3
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 areneeded
from time to time, provided such person shall not be appointed or hired as either an
inspector or plans examiner unless that person meets the qualifications for licensure
as an inspector or plans examiner as established in Chapter 553, Florida Statutes,
(2001) as may be amended.
( c) General powers and dutiesof the building official. The building official is
103.1
hereby authorized and directed to enforce the provisions of the Florida Building Code and
this chapter. The building official shall have the authority to render interpretations of this
code and with the approval of the community development director to adopt policies and
procedures in order to clarify the application of provisions of both the Florida Building Code
and this chapter. Such interpretations, policies and procedures shall be in compliance with
the intent and purpose of this code, and shall not have the effect of waiving requirements
specifically provided for the Florida Building Code.
(1) Right of entry.
103.2
(A)Building official or an authorized designee mayenter anybuilding,
structure, or premises at all reasonable times to make an inspection or enforce
any of the provisions of the Florida Building Code or this chapter. In cases
of emergencies or exigent circumstances where extreme hazards are known
to exist, the building official may enter the building, structure, or premises at
any time.
(B)When attempting to enter a building, structure or premises that is
occupied, the building official or authorized designee shall first identify
himself or herself, display proper credentials and request entry. If the
building, structure, or premises are unoccupied, the building official shall
first make a reasonable effort to locate the owner or other persons having
charge of the building and request entry. If entry is refused, or if the owner
or other persons having charge of an unoccupied building cannot be located,
the building official shall have recourse to every remedy provided by law to
secure entry, including an inspection warrant.
( C)When the building official or authorized designee shall have obtained
permission to enter, secured an inspection warrant, or obtained another
remedyprovided by law to secure entry, no person shall fail, after proper
credentials aredisplayed, to promptly permit entry into the building, structure
or premises by the building official or authorized designee for the purpose of
City of Winter Springs
Ordinance No. 2012-15
Page 21 of 52
inspection and examination pursuant to this code. Anyperson violating this
section may be prosecuted within the limits of the law.
(2) Revocation of permits. The building official is authorized to suspend
103.4
or revokea permit issued under the provisions of this code or chapter wherever the
permit is issued in error or on the basis of incorrect, inaccurate or incomplete
information, or in violation of anyordinance or regulation or any provisions of the
Florida Building Code or this chapter.
(A)Misrepresentation of application. The building official may
103.4.1
revoke a permit or approval, issued under the provisions of the Florida
Building Code or this chapter, in case there has been any false statement or
misrepresentation as to the material fact in the application or plans on which
the permit or approval was based.
(B)Violation of Florida Building Code provisions. The building
103.4.2
official may revoke a permit upon determination by the building official that
the construction, erection, alteration, repair, moving, demolition, installation,
or replacementof the building, structure, electrical, gas, mechanical or
plumbing systems for which the permit was issued is in violation of, or not
in conformity with, the provisions of the Florida Building Code or this
chapter.
(d)Time limitations. Except as otherwise provided in this chapter, an application
104.1.6
for a permit for any proposed work shall be deemed to have been abandoned, and shall expire
and become null and void six (6) months after the date of filing for the permit, or plan
approval, whichever is later unless before then a permit has been issued.One or more
extensions of time for periods of not more than 90 days each may be allowed by the building
official for the application, provided the extension is request in writing and justifiable cause
is demonstrated.
(e) Additional data. The building official shall be allowed to require details,
104.2.1.2
computations, stress diagrams, and other data necessary to describe the construction or
installation and the basis of calculations.
(f)Site drawings. Drawings shall show the location of the proposed building or
104.2.4
structure and of every existing building or structure on the site or lot. The building official
shall be permitted to require a boundary line survey prepared by a qualified surveyor
whenever the boundary lines cannot be readily determined in the field.
(g) Hazardous occupancies. The building official may require the following:
104.2.5
City of Winter Springs
Ordinance No. 2012-15
Page 22 of 52
(1)General site plan. A general site plan drawn at a legible scalewhich shall
include, but not be limited to, the location of all buildings, exterior storage facilities,
permanent access ways, evacuation routes, parking lots, internal roads, chemical
loading areas, equipment cleaning areas, storm and sanitary sewer accesses,
emergency equipment and adjacent property uses. The exterior storage areas shall be
identified with the hazard classes and the maximum quantities per hazard class of
hazardous materials stored.
(2)Building floor plan.A building floor plan drawn to a legible scale, which
shall include, but not be limited to, all hazardous materials storage facilities within
the building and shall indicate rooms, doorways, corridors, exits, fire rated
assemblies with their hourlyrating, location of liquid tight rooms, and evacuation
routes. Each hazardous materials storage facility shall be identified on the plan with
the hazard classes and quantity range per hazard class of the hazardous materials
stored.
(h)Public right-of-way. A permit shall not be given by the building official for
104.4.6
the construction of any building, or for the alteration of anybuilding 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 structureremoved from another lot or premises, unless
the applicant has made application for right of way permits from the authority having
jurisdiction over the street, alley or public lane.
(I)Permit intent. A permit issued shall be construed to be a license to proceed
104.5.1
with the work and not as authority to violate, cancel, alter or set aside any of the provisions
of the technical codes, nor shall issuance of a permit prevent the building official from
thereafter requiring a correction of errors in plans, construction, or violations of the Florida
Building Code or this chapter. Every permit issued shall become invalid unless the work
authorized by such permit is commenced within six (6) months after the time the work is
commenced. Failure to obtain an approved inspection within one-hundred eighty (180) days
of the previous approved inspection shall constitute suspension or abandonment. One or
more extensions of time, for periods not more than one-hundred eighty (180) days each, may
be allowed by the building official for the permit, provided the extension is requested in
writing and justifiable cause is demonstrated prior to the expiration date. The building
official shall record the extension of time granted.
(j) Expiration of demolition permits. Permits issued for the demolition of a
104.5.1.5
structure shall expire sixty (60) days from the date of issuance. For a justifiable cause, one
(1) extension of time for a period not exceeding thirty (30) days may be allowed. Such
request shall be in writing to the building official.
City of Winter Springs
Ordinance No. 2012-15
Page 23 of 52
(k)Permit fees. On all buildings, structures or alterations requiringa building
104.6.4.1
permit, a fee shall be paid in accordance with the fee schedule adopted by resolution of the
city commission.
(l)Buildingpermit valuation. If, in the opinion of the building official, the
104.6.6
valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems
appears to be underestimated on the application, permit shall be denied, unless the applicant
can show detailed estimates which meet the approval of the building official. Permit
valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment
and other systems,including materials and labor. The permit valuation may be calculated
using the latest Building Valuation Data published by the Southern Building Code Congress
International or other applicable model code organization, at the option of the building
official.
(m) Existing building inspections. Before issuing a permit, the building official may
105.1
examine or cause to be examined any building, electrical,gas, mechanical or plumbing
systems for which an application has been received for a permit to enlarge, alter, repair,
move, demolish, install or change the occupancy. The building official shall inspect all
buildings, structures, electrical, gas, mechanical and plumbing systems, for which a permit
was issued. The building official shall make a record of every such examination and
inspection and of all violations of the technical codes.
(n)Manufacturers and fabricators. When deemed necessary by the building
105.2
official, the building official shall make, or cause to be made, an inspection of materials or
assemblies at the point of manufacture or fabrication. A record shall be made of every such
examination and inspection and of all violations of the technical codes.
(o) Inspection service. The building official maymake or cause to be made, the
105.3
inspections required by Section 105, of the Florida Building Code. The building official may
accept reports of department inspectors, independent inspectors or of recognized inspection
services, provided that after investigation the building official is satisfied as to their
licensure, qualifications and reliability. A certificate required by anyprovision of the Florida
Building Code shall not be based on such reports unless the same are recorded bythe
building code inspector or the architect or engineer performing building code inspections in
a manner specified bythe building official. The building official shall ensure that all persons
making such inspections shall be certified in accordance to Chapter 468, Florida Statutes.
(p) Required inspections. The building official upon notification from the permit
105.6
holder or the permit holder's agent shall make the following inspections, and shall either
release that portion of the construction or shall notify the permit holder or the permit holder's
agent of any violations which must be corrected in order to comply with the technical codes.
City of Winter Springs
Ordinance No. 2012-15
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The building official shall determinethe timing and sequencing of when inspection occurand
what elements are inspected at each inspection.
Building:
1.Foundation inspection: To be made after trenches are excavated and forms
erected and shall at a minimum include the following building components:
stem - wall
monolithic slab-on-grade
piling/pile caps
footers/grade beams
1.1.Slab Inspection: To be made after the reinforcement is in place, all concealed
conduit, piping, ducts and vents are installed and the electrical, plumbing and
mechanical work is complete. Slab shall not be poured until all required inspections
have been made and passed.
A foundation survey prepared and certified by a registered surveyor shall be required
for all new construction prior to approval of the framing inspection. The survey shall
certify placement of the building on the site, illustrate all surrounding setback
dimensions and shall be available at the job site for review bythe building inspector.
In lieu of providinga survey, the contractor may elect to uncover all property line
markers and string-up all property lines in preparation for inspection.
2.Framing inspection: To be made after the roof, all framing, fire-blocking and
bracing is in place, all concealed wiring, all pipes, chimneys, ducts and ventsare
complete 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
draft stopping/fire-blocking
curtain wall framing
energy insulation
accessibility
2.1.Insulation Inspection: To be made after the framing inspection is approved
and the insulation is in place.
3.Sheathing inspection: To be made either as part of a dry-in inspection or done
separately at the request of the contractor after all roof and wall sheathingand
fasteners are complete and shall at a minimum include the following building
components:
City of Winter Springs
Ordinance No. 2012-15
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roof sheathing
wall sheathing
sheathing fasteners
roof/wall/dry-in
NOTE: Sheathing fasteners installed and found to be missing the structural member
(shiners) shall be removed and properly reinstalled prior to installation of the dry-in
material.
4.Roofing inspection: To be made as two inspections on tile, slate or similar
roof coverings or as one inspection on all other roof coverings, and shall at a
minimum include the following building components:
dry-in
insulation
roof coverings
flashing
5.Final inspection: To be made after the building is completed and ready for
occupancy.
6.Swimming pool inspection:
First inspection to be made after excavation and installation of reinforcing steel,
bonding and main drain and prior to placing of concrete.
Final inspection to be made when the swimming pool is complete and all required
enclosure requirements are in place.
In order to pass final inspection and receive a certificate of completion, a residential
swimming pool must meet the requirements relating to pool safety features as
described in Section 424.2.17.
7.Demolition inspections:
First inspection to be made after all utility connections have been disconnected and
secured in such manner that no unsafe or unsanitary conditions shall exist during or
after demolition operations.
Final inspection to be made after all demolition work is completed.
Electrical:
1.Underground inspection: To be made after trenches or ditches are excavated,
conduit and cable installed, and before any backfill is put in place.
2.Rough-In inspection: To be made after the roof, framing, fire-blocking and
bracing is in place and prior to the installation of wall or ceiling membranes.
City of Winter Springs
Ordinance No. 2012-15
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3.Final inspection: To be made after the building is complete, all required
electrical fixtures arein placeand properly connected or protected, and the structure
is ready for occupancy.
Plumbing:
1.Underground inspection: To be made after trenches or ditches are excavated,
piping installed, and before any backfill is put in place.
2.Rough-In inspection: To be made after the roof, framing, fire-blocking and
bracing is in place and all soil, waste and vent piping is complete, and prior to the
installation of wall or ceiling membranes.
3.Final inspection: To be made after the building is complete, all required
plumbing fixtures arein place and properly connected, and the structure is ready for
occupancy.
Mechanical:
1.Underground inspection: To be made after trenches or ditches are excavated,
underground duct and fuel piping installed, and before any backfill is put in place.
2.Rough-In inspection: To be made after the roof, framing, fire-blocking and
bracing is in place and all ducting and other concealed components are complete, and
prior to the installation of wall or ceiling membranes.
3.Final inspection: To be made after the building is complete, the mechanical
system is in place and properlyconnected, and the structure is ready for occupancy.
Gas:
1.Rough piping inspection: To be made after all new piping is authorized by the
permit has been installed, and before any such piping has been covered or concealed
or any fixtures or gas appliances have been connected.
2.Final piping inspection: To be made after all piping authorized by the permit
has been installed and after all portions which are to be concealed by plastering or
otherwise has been so concealed, and before any fixtures or gas appliances have been
connected. This inspection shall include a pressure test.
3.Final inspection: To be made on all new gas work authorized by the permit
and such portions of existing systems as may be affected by new workor any
City of Winter Springs
Ordinance No. 2012-15
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changes, to insure compliancewith all the requirements of this code and to assure
that the installation and construction of the gas system is in accordance with reviewed
plans.
Site Debris:
1.The contractor and/or owner of any active or inactive construction 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, such that accumulation of construction
debris must not remain on the property for a period of time exceeding 14 days.
2.All debris shall be kept in such a manner as to prevent it from being spread
by any means.
(q)Issuing Certificate of Occupancy. Upon completion of construction of a
106.1.2
building or structure and installation of electrical, gas, mechanical and plumbing systems in
accordance with the technical codes, reviewed plans and specifications, and after the final
inspection, and after verification that all septic system permits have received an approved
final inspection where applicable, the building official shall issue a Certificate of Occupancy
stating the nature of the occupancy permitted, the number of persons for each floor when
limited by law, and the allowable load per square foot for each floor in accordance with the
provisions of this code.
( r) Testing. Forproducts not covered under the statewide product evaluation and
107.1
approval system, the building official may require tests or test reports as proof of compliance.
Required tests are to be made at the expense of owner, or his agent, by an approved testing
laboratory or other approved agency.
(s) Violations and Penalties. Any person, firm, corporation or agent who shall
109.1
violate a provision of the Florida Building Code or this chapter, or fail to complywith either,
or with anyof the requirements there, or who shall erect, construct, alter, install, demolish
or move any structure, electrical, gas, mechanical or plumbing system, or has erected,
constructed, altered, repaired, moved or demolished a building, structure, electrical, gas,
mechanical or plumbing system, in violation of a detailed statement or drawingsubmitted
and permitted there under, shall be guilty of a misdemeanor or the second degree. Each such
person shall be considered guilty of a separate offense foreach and every day or portion
thereof during which any violation of any of the provisions of this code is committed or
continued. Upon conviction of any such violation such person all be punished within the
limits as provided by law and local ordinance.
(t) Establishment of Construction Board of Adjustment and Appeals
110
City of Winter Springs
Ordinance No. 2012-15
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(1)Construction Boardof Adjustment and Appeals. Thereis hereby
110.1
established a board to be called the board of adjustments and appeals, which shall
consist of five (5) members of the Winter Springs City Commission. The term of
office for each of the five (5) seats which comprise the board of adjustments and
appeals shall be the term of office for the commissioner who occupies that particular
seat. Vacancies shall be filled for an unexpired term in the same manner in which
commission seat vacancies are filled under the terms of the City Charter for the City
of Winter Springs as well as the Winter Springs Code of Ordinances.
(2) Powers. The Construction Board of Adjustments and Appeals shall
110.3
have the power, further defined in 110.4, to hear appeals of decisions and
interpretations of the building official.
(3) Appeals.
110.4
(A)Decision of the building official. The owner of a building,
110.4.1
structure or servicesystem, or his duly authorized agent, may appeal a
decision of the building official to the Construction Board of Adjustment and
Appeals whenever anyone of the following conditions are claimed to exist:
1.The building official rejected or refused to approvethe 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 thereunder have been misconstrued or incorrectly
interpreted.
(B)Notice of appeal. Notice of appeal shall be in writing and
110.4.3
filed within 30 calendar days after the decision is rendered by the building
official. Appeals relating to provisions of the FloridaBuilding 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 maybe obtained
from the building division.
City of Winter Springs
Ordinance No. 2012-15
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(5)Decisions. The Construction Board of Adjustment and
110.5.2
Appeals shall, in every case, reach a decision without unreasonable or
unnecessary delay. Each decision of the board shall also include the reasons
for the decision. If a decision of the board reverses or modifies a refusal,
order, or disallowance of the building official or varies the application of any
provision of this code, the building official shall immediately take action in
accordance with such decision. Every decision shall be promptly filed in
writing in the office of the building official and shall be open to public
inspection. A certified copy of the decision shall be sent by mail or otherwise
to the appellant and a copy shall be kept publicly posted in the office of the
building official for two weeks after filing. Every decision of the board shall
be final, subject however to such remedy as any aggrieved party might have
at law or in equity.
Sec. 6-32. - Administrative amendments to Chapter 2 of the Florida Building Code.
Chapter 2 of the Florida Building Code, as provided for in Section 553.73, FloridaStatutes
(2001), is hereby amended in the following respects: (The section numbers in italics provided below
are for reference purposes only, and are included to provide ease of reference between this chapter
and the Florida Building Code.)
* * *
The appropriate City or County Board of Adjustment and Appeals, unless
Board.
otherwise specifically stated. See section 6-31 (113.1) of this Code.
* * *
An employee of the city with building construction regulation
Building official.
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 bystate law or municipal or
county ordinances. One person employed bythe city as a building code administrator or
building official and who is so certified pursuant to Florida law may be authorized to perform
any plan review or inspection for which certification is required by Florida law.
* * *
City of Winter Springs
Ordinance No. 2012-15
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Sec. 6-33. - Establishing the location of lLocal wind speed design criteria lines.
The basic wind speed in miles per hour for the development of wind loads, shall be as
follows:
(a)For Risk Category I Buildings 129 MPH (see Seminole Figure 1609C).
(b)For Risk Category II Buildings 139 MPH (see Seminole Figure 1609A).
( c)For Risk Category III Buildings 149 MPH (see Seminole Figure 1609B).
City of Winter Springs
Ordinance No. 2012-15
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Section 1606.1.6 of the Florida Building Code requires the exact locations of wind speed
lines to be established bylocal ordinance using recognized physical landmarks such as major roads,
City of Winter Springs
Ordinance No. 2012-15
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canals, rivers and lake shores, whereverpossible. The citycommission adopts the following
locations:
All land lying within the city limits of the City of Winter Springs shall have a wind speed
designation of one hundred ten (110) miles per hour as designated on the wind speed contour
map attached hereto as Exhibit "A", with the citylimits beinggraphically depicted with
landmarks upon the map attached hereto as Exhibit "B".
* * *
ARTICLE III. BUILDING CONSTRUCTION STANDARDS
Sec. 6-81. - Standard Building Code, Standard Existing Building Code, Standard Housing
Code and One and Two Family Dwelling Code Florida Building Code adopted.
The cityhereby adopts in there its entirety the most recent version of the Florida Building
Code, as maybe amended from time to time. Standard Building Code 1997 Edition, excluding
Section 102.2.1, Section 2405.2.1.6, Chapter 11, and Appendices B and E; the Standard Existing
Building Code 1988 Edition; and the Standard Housing Code 1991 Edition, as promulgated by the
Southern Building Code Congress International, Inc. and the One And Two Family DwellingCode
1995 Edition excluding Section 308.4.9 as the minimum standards for building and construction
within the city. 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 with the provisions of this chapter or other ordinances of the city.
Sec. 6-82. - Amendment to building code. Reserved.
(a)of the building code adopted bythis chapter is hereby
Section 108.1, Appointment,
amended to read as follows:
"There is hereby established a board to be called the board of adjustments and
appeals, which shall consist of five (5) members of the Winter Springs City
Commission. The term of office for each of the five (5) seats which 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 Cityof Winter Springs as well as the Winter Springs Code
of Ordinances."
(b)In addition to the requirements of the Standard Building Code
Chapter 18, Section
[the following shall be added:] "In all masonry buildings
1804Footings and Foundations,
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Ordinance No. 2012-15
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thereshall be a minimum of either two (2) one-half (½)inch or three(3) three-eighths ()
d
inch steel rods in the foundation of same."
Sec. 6-83. - Television dish antennas.
(a) Except for those antennas that do not exceed one (1) meter (39.37
Permit required.
inches) in diameter and 12 feet in height, Tthe installation of all television dish antennas
and/or satellite antennas shall require a building permit. All television dish antennas and
satellite antennas shall be subject to the following requirements:
(1)Television dish antennas or satellite antennas shall not be installed or attached
to any part of the roof structure of any residential building.
(2)Television dish antennas or satellite antennas may be installed on or attached
to roofs of commercial or industrial buildings but onlyupon submission of a
certificate of an engineer or architect currently registered to do business in the state.
Such certification shall be to the effect that a structural analysis has been made of the
building and such building can safely support the specific antenna with a minimum
adopted wind loading of one hundred (100) one hundred twenty-nine (129) miles per
hour.
(3)Television dish antennas or satellite antennas shall not be installed in front
of the front line of any residential, commercial, or industrial building.
(4)Television dish antennas or satellite antennas may only be installed in side
yards or back yards of any building.
(5)Noportion 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 antennaor satellite antenna
to receive an acceptable signal. Mobile mounted television dish antenna or satellite
antenna structure shall comply with all requirements (1) through (7) above.
City of Winter Springs
Ordinance No. 2012-15
Page 34 of 52
(b)Apartment or condominium buildingsabove
Apartment and condominium buildings.
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) The installation of any television dish antenna or satellite antenna
Height restriction.
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 Citys 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 Citys residential
districts, to maintain a visually pleasing environment free from unsightly technical equipment.
Sec. 6-84. - Accessory buildings.
* * *
(b)The maximum height of an accessory building shall be
Height and size restrictions.
twelve (12) feet measured from ground level. The maximum size of any structure shall be
two hundred forty (240) squarefeet. Notwithstanding the restrictions set forth in this
subsection, detached, private garages may exceed twelve (12) feet in height without city
commission approval provided the city manager or designee thereof determines that each
criteria in subsection (f)(3) herein is satisfied. Further, detached, private garages may exceed
two hundred forty (240) squarefeet, but in no case shall exceed one-third (1/3) of the air-
conditioned square footage area of the principal structure.
(1)Detached, accessory buildings mayexceed twelve (12) feet in height or the
maximum size of two hundred forty(240) square feet, provided the city manager or
designee determines that each of the following criteria is satisfied:
(A)The accessory building does not exceed one-third (1/3) of the air-
conditioned square footage area of the principal structure;
(B)The accessory building is compatible and harmonious with the
principal structure and the surrounding land uses and structures;
( C)The accessory building will not adversely impact land use activities
in the immediate vicinity;
(D)The height of the proposed accessory building does not exceed the
height of the principal structure; and
City of Winter Springs
Ordinance No. 2012-15
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(E)The accessorybuilding shall meet the requirements of the applicable
zoning district including setback and maximum lot coverage.
(2)An accessory building that is attached to a principal structure by a breezeway
is not considered an accessorybuilding, but rather, is considered an expansion of the
principal structure and is subject to satisfying all applicable requirements, including,
but not limited to, setbacks and maximum lot coverage, of the zoning district in
which the principal structure is located. It may therefore, exceed the height and size
restrictions as noted above in subsection (b)(1); however, it shall not exceed the
height of the principal structure. A breezeway is a covered passageway, which
connects the principal structure to the proposed addition. It shall not exceed 35 feet
in length. An application for waiver of the maximum breezeway length identified
herein may be made pursuant to the procedures set forth in section 20-34 of this code.
( c) All accessory buildings shall be located to the rear of the front facade of
Location.
the principal structure the existing buildings line.
* * *
(e)When anaccessory building is attached to a principal structure
Setback requirements.
by a breezeway, passage or otherwise, it shall become a part of the principal structure and
Setbacks shall be the same as those of the principal structure, except that the rear yard
setback for accessory buildings that are not attached to the principle structure by a breezeway
may be reduced to six (6) feet subject to the required setbacks of the principal structure.
(1)Corner setbackOn all corner lots the minimum open sideyard setback shall
be that of the principal building.
(2)Rear yard setbackShall be a minimum of six (6) feet.
(3)Side yard setbackShall be that of the lot on which the building is to be
located.
(14)No accessory building shall be constructed or placed on an easement unless
the easement expressly authorizes an accessory building to be constructed and
City of Winter Springs
Ordinance No. 2012-15
Page 36 of 52
maintained within the easement area. EasementsIf an easement on the lot where
the building is to be located is greater than that addressed above, then the easement
size shall prevail. No building shall be constructed or placed on an easement.
(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 dwellingand shall be subject to the required
setbacks of the principal structure and maybe 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)For purposes of this section, the term "screen enclosure" shall mean an
Definition.
enclosure consisting entirely of screen mesh, except for minimum essential structural
framework required for its support. The term screen room shall mean an enclosure
consisting of walls of insect screening with or without removable vinyl or acrylic wind break
panels, and a roof of insect screening, plastic, aluminum or similar lightweight material.
(b) Mesh sizes shall not be smaller than twenty (20) by twenty
Mesh; load requirements.
(20) threads per inch, nor larger than eighteen (18) threads by fourteen (14) threads per inch.
Design computations and construction details of screen enclosures shall be supplied with all
plans showing that same comply with wind load and live load requirements of the building
code of the city.
(bc) The screen enclosure/room shall meet all code requirements for front and
Setbacks.
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 propertyline 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. 2012-15
Page 37 of 52
(cd)The screen enclosure/room shall not be higher than the primarystructureon
Height.
the subject property, except for instances when the principal structure does not exceeds
twelve (12) feet in height. In which these cases, the screen enclosure/room shall be set back
an additional one (1) foot two (2) feet from the minimum setback requirements contained in
subsection ( c) (b) for every additional foot above twelve feet.
(de) Screen enclosures/rooms shall not be constructedwithin an easement
Easements.
area, unless the easement expressly allows said construction.
(ef) If any portion of an existing screen
Screen enclosure/room modifications.
enclosure/room is modified so that it no longer satisfies the definition in subsection (a), the
modified screen enclosure/room shall meet all building setback and height requirements that
are applicable to principal and accessory buildings for the subject property.
* * *
ARTICLE IV. ELECTRICAL, PLUMBING, MECHANICAL & GAS ELECTRICITY
Sec. 6-101. - Electrical code adopted Electrical, plumbing, mechanical and gas work.
All electrical, plumbing, mechanical and gas work shall be performed and completed in
accordance with the most recently adopted version of the Florida Building Code. The city hereby
adopts in its entirety that certain electrical code known as the National Electrical Code, 1999 Edition
as published by the National Fire Protection Association and the Central Florida Advisory
Committee Notice "M", except as otherwise provided in this article.
Sec. 6-102. - Terms defined. Reserved.
The words "electrical inspector" when used in the electrical code adopted by section 6-101
shall mean the city building inspector.
Sec. 6-103. - Electrical inspection. Reserved.
The building department for the city shall make all inspections, issue all permits and enforce
all provisions of the National Electrical Code adopted in section 6-101 within the city.
Sec. 6-104. - Fees. Reserved.
All applications for electrical permits shall be accompanied by an appropriate electrical
permit feeas set forth by the citycommission pursuant to resolutions adopted under the authority
of this article which are on file in the city clerk's office.
City of Winter Springs
Ordinance No. 2012-15
Page 38 of 52
ARTICLE V. PLUMBING
Sec. 6-126. - Plumbing code adopted. Reserved.
The city herebyadopts in its entirety that certain plumbing code known as the Standard
Plumbing Code, 1994 Edition, excluding Appendix H, as promulgated by the Southern Building
Code Congress International, Inc., except as otherwise provided in this article.
Sec. 6-127. - Terms defined. Reserved.
The term "plumbing inspector" when used in the plumbing code adopted by section 6-126
shall mean the city building inspector.
Sec. 6-128. - Plumbing inspection. Reserved.
The building department for the cityshall make all inspections, issue all permits and enforce
all provisions of the Standard Plumbing Code adopted in section 6-126 within the city.
Sec. 6-129. - Fees. Reserved.
All applications for plumbing permits shall be accompanied by an appropriate plumbing
permit feeas set forth by the citycommission pursuant to resolutions adopted under the authority
of this article which are on file in the city clerk's office.
ARTICLE VI. MECHANICAL
Sec. 6-146. - Standard Mechanical Code adopted. Reserved.
The city hereby adopts in its entirety the Standard Mechanical Code 1997 Edition excluding
Appendix B, as promulgated by the Southern Building Code Congress International, Inc., except as
otherwise provided in this article.
Sec. 6-147. - Definitions. Reserved.
(a)The word "city" as used in the code adopted in section 6-146 refers to the City of
Winter Springs, Florida.
(b)The words "mechanical code" as used herein refer to the Standard Mechanical Code
adopted in section 6-146.
City of Winter Springs
Ordinance No. 2012-15
Page 39 of 52
Sec. 6-148. - Mechanical inspection. Reserved.
The building department for the city shall make all inspections, issue all permits and enforce
all provisions of the Standard Mechanical Code adopted in section 6-146 within the city.
Sec. 6-149. - Fees. Reserved.
All applications for mechanical permits shall be accompanied by an appropriate mechanical
permit feeas set forth by the citycommission pursuant to resolutions adopted under the authority
of this article which are on file in the city clerk's office.
ARTICLE VII. UNSAFE BUILDINGS
Sec. 6-165. - Standard Unsafe Building Abatement Code adopted. Reserved.
The city hereby adopts in its entirety that certain code known as the Standard Unsafe
Building Abatement Code, 1997 Edition, as promulgated by the Southern BuildingCode Congress
International, Inc., subject to all amendments, modifications or deletions hereinafter enacted.
Sec. 6-166. - Repair or removal.Reserved.
(a)A building or structure that may be or shall at any time hereafter become dangerous
or unsafe, shall, unless made safe and secure, be taken down and removed.
(b)A building or structure declared structurally unsafe by a duly constituted authority
may be restored to a safe condition; however, if the damage or cost of reconstruction or
restoration is in excess of fifty (50) percent of the value of the building or structure, if
reconstructed or restored, it shall be made to conform with the requirements for newly
constructed buildings and structures. No change of use of occupancy shall be compelled by
reason of such reconstruction or restoration.
Sec. 6-167. - Notice of unsafe building to be served on persons having interest in building;
method of service. Reserved.
(a)Upon receipt of information that a building or structure is unsafe, the building
inspector shall make or cause to be made an inspection and if it is found that an unsafe
condition exists, he shall serve or cause to be served on the owner or one (1) of the owner's
executors, administrators, agents, lessees or other persons who may have a vested or
contingent interest in the same, a written notice containing a description of the building or
structure deemed unsafe, a statement of the particulars in which the building or structure is
unsafe, and an order requiring the same to be made safe and secure or removed, as may be
deemed necessary by him.
City of Winter Springs
Ordinance No. 2012-15
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(b)If the person to whom the notice and order required by subsection (a) is addressed
cannot be found within the city after diligent search, then such notice and order shall be sent
by registered mail to the last known address of such person, and a copy of such notice shall
be posted in a conspicuous place on the premises to which it relates. Such mailing and
posting shall be deemed adequate service.
Sec. 6-168. - Court action to compel compliance or prosecute offender upon disregard to
notice. Reserved.
If a person served with a notice or order to removeor repair an unsafe building or structure
shall fail, within sixty (60) days, to comply with the requirements thereof, the city attorney may
institute an appropriate action in the courts to compel compliance or the person shall be tried in a
court of competent jurisdiction and if found guilty shall be punished in accordance with section 1-15.
Sec. 6-169. - Vacating unsafe buildings and closing adjacent streets. Reserved.
When a building or structure is in an unsafe condition, so that life is endangered thereby, the
building inspector may order and require the inmates and occupants to vacate the building or
structure forthwith. He may, when necessary for the public safety, temporarily close sidewalks,
streets, buildings, structures and places adjacent to such building or structure and prohibit the same
from being used.
ARTICLE V. VIII. FENCES, WALLS, HEDGES
Sec. 6-186. - Permit required.
Plans showing the location of any proposed fence or wall in excess of one hundred dollars
($100.00) cumulative value and the type of construction shall be submitted to the building official
and a permit obtained therefore from the building official.
Sec. 6-187. - Construction materials.
Fences and walls constructed within the city shall conform to one (1) of the following:
(a1)Wood fences constructed of rot-and termite-resistive species of wood or chemically
pressure-treated to resist rot and termite attack.
(b2)Street posts and wire fabric fences with fabric of a minimum of eleven gauge
galvanized or other non-corrodible metal.
(c3)Ornamental iron.
City of Winter Springs
Ordinance No. 2012-15
Page 41 of 52
(d4)Ventilated concrete or masonry.
(e5)Decorative PVC or aluminum, structurally sound to maintain spans and one hundred
ten (110) mph wind load.
Sec. 6-188. - Exceptions to section 6-187.
Where In the R-CI (Single-family dwelling district) zoning classifications, which allows
within the city allow for horses, barbed wire fences will be permitted as well as fabric fences with
fabric of less than a minimum of eleven-gauge galvanized or other noncorrodible metal.
Sec. 6-189. - When barbed wire permissible.
In the I-1 (Light Industrial) zone areas where security fences are permitted, barbed wire may
be used above six (6) feet with approval of the building officials.
* * *
Sec. 6-191. - Corner lots. Limitations when adjacent to street, intersection.
(a)In order to ensure visibility and safety for pedestrians, and to provide clear sight lines
for traffic entering an intersection, To avoid the obstruction of clear vision around or through
corners on corner lots, no fence, wall or other visual obstruction hedge shall be erected,
planted or grown within twenty-five (25) feet of the intersecting property line corner adjacent
to the street intersection corners.
(b)When the side of the principle structure on a corner lot faces a road right-of-way on
whichadjacent dwellings have frontage, then any fence located on the corner lot shall be
subject to the height limitations set forth in section 6-190(a) to permit a clear field of
visibility for pedestrians and/or vehicles entering or exiting the adjacent property.
Sec. 6-192. - Utility easements.
(a)It shall be lawful for anyperson to enclose or fence any utility easements; provided,
however,that adequate access must be provided thereto by the fence owner. If it becomes
necessaryto cut a fence or remove walls for the purpose of installation of new utilities or
repairing or maintaining installed utilities, it shall be the responsibilityof the property owner
to repair or replace the fence or wall to the condition existing previous to the installation,
repair or maintenance the utilitycompanyinvolved shall be responsible to repair or replace
the fence or wall to the condition existing previous to the installation, repair or maintenance.
City of Winter Springs
Ordinance No. 2012-15
Page 42 of 52
(b)A dedicated right-of-wayshall not be fenced byanyprivate citizen. However, and
only when it is determined by the city commission that fencing, in whole or in part, of a
public right-of-way is necessary to protect the health, safety, and welfare of the citizens of
the city as a whole, the city commission may authorize a conditional use to permit a private
citizen to erect a fence on a dedicated right-of-way contiguous to that citizen's property.
Requests for such conditional use to this section shall be decided pursuant to the criteria
procedures set forth in Chapter 20 of the City Code.
( c)Any fencing approved by conditional use to be erected on a dedicated right-of-way
shall be constructed according to plans approved by the citystaff, with gates adequate to
allow access to maintenance vehicles. All costs incurred in fencing the right-of-wayshall be
borne bythe contiguous property owner to whom the conditional use may be granted. The
fence shall be maintained in safe condition by the property owner who installed it, and the
fencing when removed may be reclaimed by that property owner.
(d)Such fences erected privately by conditional use on a dedicated right-of-way shall not
preclude access to or use of such public land by any citizen of the city.
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 mayconnect or otherwise attach their respective
fences and walls in order to eliminate anygap or spacebetween 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 runningwith the land
unless the provisions therein 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 bythe building official at the time a building
permit was issued. If for any reasonthe 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 compliancewith 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 Managers designee for good cause shown.
City of Winter Springs
Ordinance No. 2012-15
Page 43 of 52
* * *
ARTICLE VI. IX. SWIMMING POOLS
Sec. 6-210. - Code adopted. 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 in its entirety that certain
code known as the Standard Swimming Pool Code, 1985 Edition, as promulgated by the
Southern Building Code Congress International, Inc., except as otherwise provided in this article.
* * *
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 furtherevidenced 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 bythe 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 reasonable standards of swimming pool construction.
(1)The plans, specifications and pertinent data required to be submitted in connection
with an application for permit to construct a pool, or any alteration, addition or remodeling
thereof shall complywith the followingrequirements and include the following plans and
information, as well as such otherdata as may be reasonably requested by the building
official:
a.Plans shall be drawn to scale indicating all dimensions, including the length,
width and depth of the pool and extent of any perimeter patio slab;
b.A longitudinal profile plan showing the length, depths, slopes, radii of
curvature, thickness of slab, steel reinforcing size and spacing, and concrete cover;
c.Pipe diagram showing material type, schedule and sizes of all pipes, inlets,
outlets, make-up waterlines, vacuum lines, waste and drainage lines, circulation and
other piping (including all valves and valve types);
City of Winter Springs
Ordinance No. 2012-15
Page 44 of 52
d.The liquid capacity of the pool;
e.Liquid capacity of any wading pool;
f.The kind, number and size of filters, including the squarefootage of the filter
area in each unit;
g.Top capacity of filters in gallons per minute;
h.Plot plan shall be toscale and show lot, block or legal plot. Front, side and
rear setbacks shall be shown on this plot plan;
I.All pump sizes, capacities, horsepowers and types;
j.Source of original and make-up water;
k.The elevation of the existing groundwater table and the type and approximate
compactness of the soil to a depth of twelve (12) feet; when groundwater table or soil
compaction is questionable the building official shall require soil test data and such
data is to be utilized in making final determination for requiring compliance with
(2)c. below.
(2)Plans and specifications for pools must bear the seal and signature of a registered
structural engineer licensed to practicein the state in any or all of the following instances:
a.Where pools exceed one thousand (1,000) square feet in area at water level;
b.Where pools depart from simple rectilinear or curvilinear shape;
c.Where any of the following soil conditions exist at or near the center of the
proposed pool location within twelve (12) feet of the surface: Loose to veryloose
sand; silt, silty sand; or sandy silt; marl; clay; peat; muck or any other soil having
high settlement characteristics.
Sec. 6-213. - Inspections.
* * *
(b)The first inspection shall be made after excavation and reinforcing steel or structural
framework is in place; second inspection, plumbing rough-in and electrical rough-in; third
inspection, pool deck, pool safety inspection, and final inspection, to be made on completion
and ready for use.
City of Winter Springs
Ordinance No. 2012-15
Page 45 of 52
( c)Duringconstruction, all excavation must be enclosed byfencing 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 maybe of temporary construction or it may be of the permanent type required
pursuant to Floridalaw by section 6-217 above. If of temporary construction, it must be
replaced by the permanent enclosure required by Florida law section 6-217 of this article
prior to issuance by the building official of final approval of the pool.
* * *
Sec. 6-215. - Owner's privilege. Reserved.
Any bona fide property owner may construct, remodel or add to any family pool or equipment
located upon his property which is occupied as a single-family legal residence, provided that he shall
not be permitted to build more than one (1) family pool per residence within each calendar yearand
provided further that he:
(1)Submits two (2) sets of plans and specifications conforming to this Code complete
in all respects as required by this article and obtains a permit to do such work and pay the
required permit fees;
(2)Do and perform or supervise all of the construction work on his property and receive
no compensation for his work.
Sec. 6-216. - Design and construction requirements. Reserved.
In addition to the requirements set forth in section 6-212 hereof, the building official shall
not issue a permit for the construction of any pool, or the structural alteration, addition or the
remodeling thereof unless the following design and construction requirements are observed in such
construction and such pool shall be constructed and maintained in conformity with the following
requirements:
(1)All pool design and auxiliary equipment shall conform generally to the minimum
standards of the National SwimmingPool Institute (latest edition). Where diving equipment
is installed, the specificationsshall in every instance comply with the minimum standards
of the National Swimming Pool Institute and, in addition to meeting such minimum
standards, no diving board shall be more than one (1) meter above the water's surface.
(2)All pool construction shall be so designed as to fully support all imposed live, dead
and impact loads.
City of Winter Springs
Ordinance No. 2012-15
Page 46 of 52
(3)All pools constructed in an areaof which residual groundwatercreateshydrostatic
head against the pool structure shall have a suitable hydrostatic underdrain to which a pump
may be properly attached.
(4)Any completed pool shall be absolutely watertight independent of anyand all lining
material or finishes.
(5)Steel, plastic, fiberglass, aluminum and other pool structures other than concrete,
shall be considered as requiring special consideration of the building official in each case,
especially in regard to groundwater conditions, grading, etc.
(6)Every pool constructed, or hereafter repaired, shall be equipped with a filtration
system which shall be designed and be capable of filtering and recirculating the entire
volume of the pool water capacity during a twelve-hour period.
(7)The construction of patio decks around any pool shall slope away from the pool a
minimumof three (3) inches in ten (10) feet and shall be designed and made in such manner
that all scum, splash and deck water shall not return to the pool except through the filter
system.
Sec. 6-217. - Enclosure required. Reserved.
All swimming pools must be enclosed by screen enclosure, fence or wall of a minimum
height of five (5) feet. The fence or wall shall be constructed in such a manner so as not to be easily
climbed and not affording any external handholds or footholds on the outside. Gates shall be same
height as the fence or wall and equipped with a self-closing and self-latching closure mechanism at
a height above the reach of toddlers. The gate shall be locked or latched at all times when the pool
is unattended.
Sec. 6-218. - General construction provisions for concrete pools.
All concrete pools shall be designed in accordance with requirements of Serial Designation
ACI No. 318-63, as published by the American Concrete Institute.
(1)Pool walls and floor slabs shall be constructed not less than four (4) inches and five
(5) inches respectively and contain a minimum of not less than three-eighths-inch
reinforcement steel rods on twelve-inch centers, in both directions. Such reinforcing shall be
securely supported at approximate mid-depth of base slabs and walls prior to and following
placing concrete.
City of Winter Springs
Ordinance No. 2012-15
Page 47 of 52
(2)The concrete mixshall be designed to secure a compressive strength of not less than
three thousand (3,000) pounds per square inch at twenty-eight (28) days, with a maximum
slump of four (4) inches. Concrete shall be kept wet for five (5) days after placing.
* * *
Sec. 6-220. - Electrical requirements. Pool removal.
The removal of a pool shall involve the complete removal of the pools structural shell, as
well as all related equipment and appurtenances. The site shall be restored to its original condition
at approved grade.
(a)All aboveground electric wiring not in rigid metal conduit adjacent to the pool shall
be a minimumof nine (9) feet six (6) inches above ground or patio level (whichever is
higher) and shall not be less than a horizontal distance of five (5) feet from the pool water's
edge. No electric wiring shall extend over the pool surface.
(b)Electric fixture outlets adjacent to the pool shall be Underwriter-approved
weatherproof out-door type with groundingsockets, attached to rigid metal conduit and
located a minimum of twelve (12) inches above the ground or patio (whichever is higher) and
shall be placed a minimum of five (5) feet from the pool water's edge.
( c)Electric lighting to illuminate any pool or pool patio shall be so arranged and
shadowed as to prevent exposure of direct lighting upon adjoining premises.
Sec. 6-221. - Plumbing requirements. Reserved.
(a)There shall be no cross connections of the drinking water supply with any other
source of water supply for the pool. Any line from the drinking water supply to the pool shall
be protected against backflow of polluted water by means of an air gap and shall discharge
at least four and one-half (4½) inches above the maximum high-waterlevel of the make-up
tank or the pool.
(b)All backwash water, overflow and pool cleanings must be connected to the sewer
system where this service is available, or to a tile field, or a dry well approved by the city
where such sewer service is not available. In no instance shall pool waters be emptied on any
street, alley, sidewalk, gutter, public reservationor open lot in the city. Pool waters not
emptied into sewers shall be completely contained upon the pool owner's property.
* * *
ARTICLE X. GAS CODE
City of Winter Springs
Ordinance No. 2012-15
Page 48 of 52
Sec. 6-240. - Standard Gas Code adopted.Reserved.
The city herebyadopts in its entirety the Standard Gas Code 1997 Edition excluding
Appendix B, as promulgated bythe Southern BuildingCode Congress International Inc., except as
otherwise provided in this article.
Sec. 6-241. - Terms defined. Reserved.
The term "gas inspector" when used in the gas code adopted by section 6-240 shall mean the
city building inspector.
Sec. 6-242. - Gas inspection. Reserved.
The building department shall make all inspections, issue all permits and enforce all
provisions of the Standard Gas Code adopted in section 6-240 within the city.
Sec. 6-243. - Fees. Reserved.
All applications for gas permits shall be accompanied by an appropriate gas permit fee as set
forth by the city commission pursuant to resolutions adopted under the authority of this article which
are on file in the city clerk's office.
ARTICLE XI. RESERVED
* * *
ARTICLE VII. XII. CITATIONS; UNLICENSED CONTRACTORS; FAILURE TO
OBTAIN BUILDING PERMIT
* * *
Sec. 6-271. - Findings.
The city commission of the City of Winter Springs hereby finds:
(a1)The commencement or performance of work for which a building permit is required
without such building permit being in effect creates a grave threat to the public health, safety,
and welfare and jeopardizes the safety of occupants of buildings.
(b2)The performance of construction by contractors who are not duly licensed, when a
contractinglicense is required, maypose a danger of significant harm to the public when
City of Winter Springs
Ordinance No. 2012-15
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 bythe city
commission by resolution, and shall contain at a minimum:
(a1)The time and date of issuance.
(b2)The name and address of the person to whom the citation is issued.
(c3)The time and date of the violation.
(d4)A brief description of the violation and the facts constituting reasonable cause.
(e5)The name of the code enforcement officer.
(f6)The procedure for the person to follow in order to pay the civil penaltyor to contest
the citation.
(g7)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:
(a1)Correct the violation and payto the city the civil penalty in the manner indicated on
the citation; or
(b2)Within ten (10) days of receipt of the citation, exclusive of weekends and legal
holidays, request an administrative hearing before the city's code enforcementboard 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. 2012-15
Page 50 of 52
* * *
ARTICLE VIII. XIII. INTERNATIONAL PROPERTY MAINTENANCE CODE
* * *
All prior
Section 3.Repeal of Prior Inconsistent Ordinances and Resolutions.
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4.Transmittal ofLocalAmendments to Administrative Provisions of
Within 30 days of adoption, the
Florida Building Code to Florida Building Commission.
CommunityDevelopment Director, or his designee, shall transmit a copyof this Ordinance to the
Florida Building Commission, as required by section 553.73(4)(a), Florida Statutes.
This Ordinance shall be incorporated into the
Section 5.Incorporation Into Code.
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessaryto 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.
If any section, subsection, sentence, clause, phrase, word or
Section 6.Severability.
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whetherfor 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.
This Ordinance shall become effective immediately upon
Section 7.Effective Date.
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. 2012-15
Page 51 of 52
by the City Commission of the City of Winter Springs, Florida, in a regular
ADOPTED
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. 2012-15
Page 52 of 52
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