Fort Walton Beach Ordinance — 1815 amend cpt 3 bldg fire codes — reading text

1st 2nd ORDINANCE 1815 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 3, BUILDINGS, CONSTRUCTION & FIRE CODES, OF THE CODE OF ORDINANCES; AND SETTING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: Section 1. Authority & Intent a. The authority for enactment of this Ordinance is sections 166. 021 ( 1) and 553. 73, Florida Statutes ( 2009), and the City Charter. b. The Florida Building Code is adopted and updated by the Florida Building Commission. The first edition and future updates and editions supersede all previous codes upon adoption by the Commission and do not require adoption by local Additional administrative requirements may require updating and jurisdictions. amendment. The City has adopted previous versions of the Florida Building Code and those provisions now conflict with the most recent version of the Florida Building Code. This amendment is necessary to clarify and bring into compliance the City' s building regulations with the State of Florida Building Code pursuant to Florida Statutes. c. This amendment further necessary to provide building code is administration requirements to establish a clear means to determine the duties and powers of the building official. It is the best interest of the public safety, health, and general welfare to establish the proper and efficient administration of the building code. d. The City Council had two readings of this ordinance and held a public hearing after giving due public notice pursuant to Section 166. 041, Florida Statutes, by the City Council of Fort Walton Beach. Section 2. Repeal of Specific Sections of Chapter 3 Pursuant to section 1. 03. 05, Code of Ordinances, the following sections of the chapter 3 of Volume II of the Code of Ordinances are hereby repealed: Sections 3. 00. 01; 3. 00. 02; 3. 00. 03; 3. 00.04; 3. 01.01; 3. 01.02; 3. 02.01; 3. 02. 02; 3. 02. 03; 3. 02. 04; 3. 02. 05; 3. 02. 06; 3. 02. 07; 3. 02. 08; 3. 02. 09; 3. 02. 10; 3. 02. 11; 3. 02. 12; 3. 02. 13; 3. 03. 01; 3. 03. 02; 3. 03. 03; 3. 03. 04; 3. 03. 05; 3. 03. 06; 3. 03. 07; 3. 04. 01; 3. 05. 01; 3. 06. 01; 3. 06. 02; 3. 06. 03; 3. 06.04; 3. 06. 05; 3. 06. 06; and 3. 06. 07. Section 3. Addition of Specific New Sections of Chapter 3 a. The Code of Ordinances is hereby amended by adding a section to be numbered 3. 00, et. seq., which shall read as follows:  3.00.01 Purpose. The purpose of this cha1Jter is to comply with chapters 489. 553 and 633. F. S.. and to provide rules and regulations to improve public safety by promoting the control and abatement of fire hazards: providing uniform minimum standards. regulations and requirements for safe and stable design. methods of construction. installation and uses of materials in electrical wiring. plumbing. including irrigation systems. natural and liquefied petroleum gas piping. mechanical systems or equipment and providing for assurance of the qualifications and competency of those persons installing and inspecting the same: regulatin~ the use of structures. premises. and open areas: establishing the responsibilities and procedures for construction. unsafe building and minimum housin~ code enforcement: and setting: forth standards for compliance and achievement of these obiectives to afford reasonable protection for public safety. health. and general welfare. 3. 00. 02 ADDlication. This chapter and all of the technical codes adopted by reference shall apply to all existing structures. to all new structures and to all alterations to any new or existing structure. both private and public. located within the corporate limits of the City of Fort Walton Beach. except those which are specifically exempted by state or federal statutes or state administrative rules. b. The Code of Ordinances is hereby amended by adding a section to be numbered 3. 01, et. seq., which shall read as follows: 3. 01 Buildine:Code 3.01.01 Florida Buildine:Code Incorporated bv Reference. The current Florida Building Code. as adopted by rule of the Florida Building Commission as required by state statute. with its six main volumes of Building. Plumbing. Mechanical. Fuel Gas. Existing Building. Residential. and excluding the Test Protocols volume. as amended from time to time. is hereby adopted and incorporated into this chapter and code of ordinances by reference. The Florida Building Code is remedial and shall be construed to secure the public safety. health and general welfare through structural strength. stability. sanitation. adequate light and ventilation. and safety to life and property from fire and other hazards attributed to the built environment. including alteration. repair. removal. demolition. use and occupancy of buildings. structures or premises. and by regulating the installation and maintenance of all electrical. gas. mechanical and plumbing systems. which may be referred to as service systems. Ord. 1815 Page 2 of 10 3. 01. 02 Administration. a. Chaoter I. FBC Apolies. Chapter 1 of the Florida Buildin~ Code abbreviated in this chapter as " F. B. C") shall be used for the administration of this chapter and the Florida Buildin~ Code~ except as modified in this chapter. b. Delegation ofAuthority. The official is hereby authorized and buildin{! directed to enforce the provisions of this chapter and the F.B. C. The building official shall have the authority to render interpretations of this chapter and the F. B. C. and to adopt policies and procedures to clarify the application of its provisions. Such interpretations~ policies and procedures shall be in compliance with the intent and purpose of this chapter and the F. B. C.~ and shall not have the effect of waiving requirements specifically provided for in this code. c. Applications and Permits. The building official shall receive applications~ review construction documents and issue permits for the erection~ a1teration~ 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 chapter and the F.B. C. d. Revocation of Permits. The building official is authorized to suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect inaccurate~ incomplete information~or misrepresentation as to any material fact in the application~ or in violation of any ordinance or regulation or any provisions of this chapter or the F .B. C. The building official may revoke a permit upon determination by the building official that the construction~ erection~ alteration~ repair~ moving~ demolition~ installation~ or replacement of the buildin~~structure~ electrical~ gas~ mechanical or plumbing systems for which the permit was issued is in violation o[ or not in conformity with~the provisions of this chapter or the F.B. C. e. Notices and Orders. The building official shall issue all necessary notices or orders to ensure compliance with this chapter and the F.B. C. f.Inspections. The building officiaL or a designee which may include any make all competent and properly licensed or certified individual or agency~ shall of the of such inspections shall be in writing and be required inspections. Reports certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such experts to render an opinion as necessary to report upon unusual technical issues that arise. g. Liabilitv. Pursuant to Florida law~ the building official or a designee~ any member of the board of adiustment or employee who is delegated the enforcement of this chapter and the F. B. C.~ while acting for the iurisdiction in good faith and without malice in the discharge of the duties required by this Ord. 1815 Page 3 of 10 chapter and the F. B. C.~ or other pertinent law or ordinance~ shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage or cost in any action 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 jurisdiction until the final termination of the proceedings. h. Requirements not Provided in the F.B. C. Any requirements necessary for the strength~ stability or proper operation of an existing or proposed building~ structure~ electrical. gas~ mechanical or plumbing system~ or for the public safety ~ health and general welfare~ not specifically covered by this or the other technical codes~ shall be determined by the building official. 3. 01. 03. Buildine:Permit Reauired. Any owner or authorized agent who intends to construct enlar~e~ alter ~ repair~ move~ demolish~ or change the occupancy of a building: or structure~ or to erect install~ enlarge~ alter~ repair~ remove~ convert or replace any required impact-resistant coverings~ electrical. gas~ mechanical or plumbing system~ or alter ~ improve~ change~ enlarge or repair any parking area~ stormwater is management system~ or infrastructure~ or any other installation of which regulated by this chapter~ the F. B. C.~ or the land development code~ or to cause the building official and any such work to be done~ shall first make application to obtain the required permit. 3. 01.04 Exceptions Ordinary minor repairs may be made with the approval of the building official without a permit. Minor repairs may include but are not limited to: a. painting and the replacement of nonstructural flooring; b. repairing flush and snap switches~ replacing changing lamp fuses.. sockets and taping joints and repairing drop cords: for the installation of receptacles.. devices or equipment for telephone~ district messenger or wiring.. other telegraph.. than a commercial radio tele- autograph systems or any signaling system ( system) operating at 50 volts or when installed by a public utility subject to less.. regulation as such by the Florida Public Service Commission or an agency of the United States: c. repairing or replacing any fixture; d. service conducted to maintain the including