Fort Walton Beach Council agenda — 10-13-2009 regular — reading text

Three ( Buildings, Construction & Fire Codes) of the Code of Ordinances ( First Reading) 1. BACKGROUND: 1. 1 Chapter Three of the City' s Code of Ordinances was established to comply with the requirements of Chapters 489, 553, and 633 of the Florida Statutes and to provide rules and regulations to improve public safety in the construction of buildings. 1. 2 The State Legislature adopts a new uniform building code every three years. The latest edition of the Florida Building Code is 2007. 2. DISCUSSION: 2. 1 The references to State adopted codes are out of date in the current Code of Ordinances. These references include the Building, Fuel & Gas, Plumbing, Mechanical, and Electrical Codes. 2. 2 The Reference to the " Wind -Borne Debris Region" found in Section 3. 01. 01 is incorrect and must be amended. 2. 3 In reviewing Chapter Three of the Code, Staff found several areas of the existing code that need to be amended or updated. Ordinance No. 1815 addresses all areas of Chapter Three that were marked during this review. 3. FINANCIAL INFORMATION: 3. 1 There is no financial impact related to this item. 55- 4. RECOMMENDATION: 4. 1 Staff requests City Council authorization to adopt Ordinance No. 1815 which amends Chapter Three ( Buildings, Construction & Fire Codes) of the City' s Code of Ordinances to implement recommended revisions from the Building Official and the City Engineer. 5. ATTACHMENTS: 5. 1 Ordinance No. 1815 5. 2 Legal Sufficiency E -Mail from City Attorney 6. SIGNATURE BLOCK: 6. 1 Submitted By: Timothy Bolduc, Building Official 6. 2 IR. eviewed and Concur: Michael D. Beedie, P.E., City Engineer 6. 3 ] Reviewed for Agenda: / v 1710 9 Vb T .Mearns anager 56-  I ORDINANCE 1815 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 4 FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 3, 5 BUILDINGS, CONSTRUCTION & FIRE CODES, OF THE CODE 6 OF ORDINANCES; AND SETTING AN EFFECTIVE DATE. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 9 THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: 10 11 Section 1. Authority & Intent 12 a. The authority for enactment of this Ordinance is sections 166. 021 ( 1) and 13 553. 73, Florida Statutes ( 2009), and the City Charter. 14 15 b. The Florida Building Code is adopted and updated by the Florida Building 16 Commission. The first edition and future updates and editions supersede all previous 17 codes upon adoption by the Commission and do not require adoption by local 18 jurisdictions. Additional administrative requirements may require updating and 19 amendment. The City has adopted previous versions of the Florida Building Code and 20 those provisions now conflict with the most recent version of the Florida Building Code. 21 This amendment is necessary to clarify and bring into compliance the City' s building 22 regulations with the State of Florida Building Code pursuant to Florida Statutes. 23 24 C. This amendment is further necessary to provide building code 25 administration requirements to establish a clear means to determine the duties and powers 26 of the building official. It is the best interest of the public safety, health, and general 27 welfare to establish the proper and efficient administration of the building code. 28 29 d„ The City Council had two readings of this ordinance and held a public 30 hearing after giving due public notice pursuant to Section 166. 041, Florida Statutes, by 31 the City Council of Fort Walton Beach. 32 33 Section 2. Repeal of Specific Sections of Chapter 3 34 Pursuant to section 1. 03. 05, Code of Ordinances, the following sections of the 35 chapter 3 of Volume II of the Code of Ordinances are hereby repealed: 36 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; 37 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; 38 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; 39 3. 06. 01; 3. 06. 02; 3. 06. 03; 3. 06. 04; 3. 06. 05; 3. 06. 06; and 3. 06. 07. 40 41 Section 3. Addition of Specific New Sections of Chapter 3 42 a. The Code of Ordinances is hereby amended by adding a section to be 43 numbered 3. 00, et. seq., which shall read as follows: 44 57- 45 3. 00. 01 Purpose. 46 The Purpose of this chapter is to comply with chapters 489, 553 and 633, F. S., and 47 to provide rules and regulations to improve public safety by promoting the control 48 and abatement of fire hazards; providing uniform minimum standards, regulations 49 and requirements for safe and stable design, methods of construction, installation 50 and uses of materials in electrical wiring, plumbing, includingirrigations stems, 51 natural and liquefied petroleum gas piping, mechanical systems or equipment and 52 providing for assurance of the qualifications and competency of those persons 53 installing and inspecting the same; regulating the use of structures, premises, and 54 ojren areas; establishing the responsibilities and procedures for construction, 55 unsafe building and minimum housing code enforcement; and setting forth 56 standards for compliance and achievement of these objectives to afford reasonable 57 protection J.' r public safety, health, and general welfare. 58 59 3. 00. 02 Application. 60 This chapter and all of the technical codes adopted by reference shall apply to all 61 existing structures, to all new structures and to all alterations to any new or 62 existing structure, both private and public, located within the corporate limits of 63 the City of Fort Walton Beach, except those which are specifically_exempted by 64 state or federal statutes or state administrative rules. 65 66 67 b. The Code of Ordinances is hereby amended by adding a section to be 68 numbered 3. 01, et. seq., which shall read as follows: 69 70 3. 01 Building Code 71 72 3. 01. 01 Florida Building Code Incorporated by Reference. 73 The current Florida Building Code, as adopted by rule of the Florida 74 Building Commission as required by state statute, with its six main volumes of 75 Building, Plumbing, Mechanical, Fuel Gas, Existing Building, Residential, and 76 excluding the Test Protocols volume, as amended from time to time, is hereby 77 adopted and incorporated into this chapter and code of ordinances by reference. 78 The Florida Building Code is remedial and shall be construed to secure the 79 Public safety, health and general welfare through structural strength, stability, 80 sanitation, adequate light and ventilation, and safety to life and property from fire 81 and other hazards attributed to the built environment, including alteration, repair, 82 removal, demolition, use and occupancy of buildings, structures or premises, and 83 by regulating the installation and maintenance of all electrical, gas, mechanical 84 and 1umbi.ng systems, which may be referred to as service systems. 85 86 87 88 58- 89 3. 01. 02 Administration. 90 a. Chapter 1, FBC Applies. Chapter 1 of the Florida Building Code 91 Labbreviated in this chapter as " F. B. 0 ") shall be used for the administration of this 92 chapter and the Florida Building Code, except as modified in this chapter. 93 94 b. Dele attiion ofAuthority. The building official is hereby authorized and 95 directed to enforce the provisions of this chapter and the F. B. C. The building 96 official shall have the authority to render interpretations of this chapter and the 97 F. B. C. and to adopt policies and procedures to clarify the application of its 98 provisions. Such interpretations, policies and procedures shall be in compliance 99 with the intent and purpose of this chapter and the F. B. C., and shall not have the 100 effect of waiving requirements specifically provided for in this code. 101 102 c. Applications and Permits. The building official shall receive 103 applications, review construction documents and issue permits for the erection, 104 alteration, demolition, and moving of buildings and structures, inspect the 105 premises for which such permits have been issued and enforce compliance with 106 the provisions of this chapter and the F. B. C. 107 108 d. Revocation ofPermits. The building official is authorized to suspend or 109 revoke a permit issued under the provisions of this code whenever the permit is 110 issued in error or on the basis of incorrect, inaccurate, incomplete information, or 111 misrepresentation as to any material fact in the application, or in violation of any 112 ordinance or regulation or any provisions of this chapter or the F. B. C. 113 The building official may revoke a permit upon determination by the 114 buildingL official that the construction, erection, alteration, repair, moving, 115 demolition, installation, or replacement of the building, structure, electrical, gas, 116 mechanical or plumbing systems for which the permit was issued is in violation 117 of or not in conformity with, the provisions of this chapter or the F. B. C. 118 119 e. Notices and Orders. The building official shall issue all necessary 120 notices or orders to ensure compliance with this chapter and the F. B. C. 121 122 f.Inspections. The building official, or a designee which may include any 123 competent and properly licensed or certified individual or agency, shall make all 124 of the required inspections. Reports of such inspections shall be in writing and be 125 certified by a responsible officer of such approved agency or by the responsible 126 individual. The building official is authorized to engage such experts to render an 127 opinion as necessary to report upon unusual technical issues that arise. 128 129 g. Liability. Pursuant to Florida law, the building official or a designee, 130 any member of the board of adjustment or employee who is delegated the 131 enforcement of this chapter and the F. B. C., while acting for the jurisdiction in 132 good faith and without malice in the discharge of the duties required by this 161611 133 chapter and the F. B. C., or other pertinent law or ordinance, shall not thereby be 134 rendered liable personally and is hereby relieved from personal