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HomeMy WebLinkAboutVII (B1) Ordinance No. 2002 Agenda 02-05-2002 Item VII B FOLEY : LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377-01 W TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Ellen Avery-Smith, Esq., Assistant City Attorney THROUGH: Paul E. Rosenthal, Esq., City Attorney DATE: January 29, 2002 RE: Ordinance No. 2002-02; New Chapter 51 to Ocoee City Code Entitled Building Code- Local Amendments Attached please find an Ordinance adopting new Chapter 51 of the Ocoee City Code entitled Building Code — Local Amendments. This new Chapter 51 implements the provisions of a statewide uniform building code entitled the Florida Building Code, which has been mandated by the Florida Legislature pursuant to Part VII, Chapter 553, Florida Statutes. The Florida Building Code goes into effect in every city and county in the state on March 1, 2002, though there is a possibility this date will be extended by the Legislature. The Florida Building Code supercedes all local codes in the state. However, a local government may adopt local amendments to the Florida Building Code, subject to certain limitations set forth in Part VII, Chapter 553, Florida Statutes. Once a local government adopts local amendments to the Florida Building Code, it must transmit such local amendments to the Florida Building Commission in Tallahassee. The Commission acts as a clearinghouse for all local amendments adopted statewide. Every three years, the Commission will make amendments to the Florida Building Code. At such time, all local amendments become null and void unless they are readopted by their respective local governments. Thus, this Ordinance will have to be readopted every three years in order to keep the local amendments in effect. The provisions of the Florida Building Code will supercede a majority of the following chapters of the Ocoee City Code: Chapter 51 — Building Construction; Chapter 69 — Electrical Standards; Chapter 106 - Mechanical Standards; Chapter 130 — Plumbing; and Chapter 158 — Swimming Pools. Thus, those chapters of the City Code will be repealed by the Ordinance. A few provisions of each chapter being repealed are not in conflict with or otherwise included in the Florida Building Code. Therefore, the new Chapter 51 of the City Code includes articles on the following construction-related topics: Article I — General Provisions — contains definitions, administrative procedures,' requirements for various construction-related permits, appeal procedures and establishment of new board to be called the Construction Board of Adjustment and Appeals. The purpose of the CO6.2454261 FOLEY B LARDNER FOLEY : LARDNER new board is to hear appeals of decisions of the Building and Zoning Official related to interpretation and implementation of the Florida Building Code. The City Commission will need to appoint the members of this Board. Article II - Specific Amendments to the Florida Building Code - contains definitions and other administrative amendments to the Florida Building Code, as recommended by the state building officials' organization. Such administrative amendments are permitted by Part VII, Chapter 553, Florida Statutes, as long as they are more restrictive than the provisions in the Florida Building Code. The local amendments proposed in the Ordinance are more restrictive than those in the Florida Building Code. Article III - Building Construction - contains regulations for issuance of building permits and fees related thereto. Article IV - Limitations on Construction and Construction-Related Activities - sets forth procedures for construction in special circumstances, such as states of emergency and for dire financial reasons. Article V - Electrical Standards - contains regulations for permitting of electrical systems and fees related thereto. Article VI - Mechanical Standards - contains regulations for permitting of mechanical systems, including heating, air conditioning, ventilation and other systems, and fees related thereto. Article VII - Plumbing - contains regulations for permitting of plumbing systems and fees related thereto. Article VIII - Swimming Pools - contains regulations for permitting of swimming pools and fees related thereto. The above-listed articles contain proposed increases in existing permit and inspection fees charged by the City Building Department to bring such fees into conformity with fees implemented by other local governments in Central Florida. The details of such fee increases are set forth in the attached memorandum from the Building and Zoning Official. Once this Ordinance is approved by the City Commission, the new Chapter 51 must be transmitted to the newly created Florida Building Commission in Tallahassee, pursuant to Part VII, Chapter 553, Florida Statutes, to notify the Commission that the City has enacted local amendments to the Florida Building Code. The instructions for such transmission are embodied in the Ordinance. The Commission is the clearinghouse for all local amendments to the Florida Building Code. We have worked with Mr. Velie and Mr. Washington in preparing the proposed Ordinance. The Building and Zoning Official recommends that the City Commission adopt the proposed Ordinance. 2 FOLEY : LARDNER RECOMMENDATION: It respectfully is recommended that the City Commission adopt Ordinance No- 2002-02 and authorize execution thereof by the Mayor and City Clerk. EMA/dr 3 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S. SCOFF VANDFR(iRI PT CITY OF OCOEE COMMISSIONERS j a - DANNY HOWELL Q 150 N. LAKESIIDRE DRIVE t. p SCOTT ANDERSON o OCoeE, FI ORIDn 34761-2258 RUSTY JOHNSON �s ,��� (407)905-3100 NANCY J.PARKER �OF GOON` CITY MANAGER JIM GLEASON MEMORANDUM TO: WANDA HORTON, FINANCE DIRECTOR FROM: MARTIN VELIE, BUILDING AND ZONING OFFICIAL. DATE: JANUARY 29, 2002 SUBJECT: RECOMMENDED PERMIT FEE ADDITION AND REVISIONS TO ORDINANCE Below is a list of recommended permit fee addition and revisions to ordinance: ADDITION TO ORDINANCE Building Plan Amendments: $5.00 Der nage Plan amendments that are submitted require administrative and plan review personnel time. A amended plan can range from 1 to 30 pages in a set. A per page rate has been recommended so that the fee charged is in line with an average review time. Other Jurisdictions: Orange County $25.00 set fee Altamonte Springs $5.00 per page Maitland $5.00 per page Winter Garden $10.00 per page ****************************************************************************** REVISIONS TO ORDINANCE Construction Cost Calculation: Current RESIDENTIAL Up to 1,000 square feet: $25.00 per square foot or actual (whichever is greater) 1,001-2,000 square feet: $30.00 per square foot or actual (whichever is greater) 2,001 square feet or greater: $35.00 per square foot or actual (whichever is greater) COMMERCIAL Up to 2,000 square feet: $33.00 per square foot or actual(whichever is greater) 2,001 square feet or greater: $35.00 per square foot or actual (whichever is greater) 4\11/4 `37 POW r \e- "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIFT a\ CITY OF OCOEE M ,IEEIe =RR d► ` D.ANNY HOWELL _ CIF QI 150 N. LAKESHORL DRIVE. $COTr AVDER$ON OCOEE, FI.ORIDA 34761-2258 RUSTY JOI INSON r'"qj air" (407)905-3100 NANCY J.PARKER f*of GOOV`` CITY MANAGER JIM GLEASON Recommended Revision It is recommended that the City of Ocoee adopt the International Building Code's Building Valuation Data "good" rate structure and the Regional Modifier as the method of calculating cost of construction for residential and commercial permitting purposes. "Good" as currently defined by the International Building Code and Southern Building Code Congress is: A good building will normally have some components which are only average, but many will be better than average. A good building is well insulated to utility standards, with packaged or zoned air conditioning; and has more than the minimum code required plumbing fixtures, and lighting and electric outlets, with good quality fixtures, interior and exterior finishes, and carpets. The Building Department is assured that the construction located within the City of Ocoee's jurisdiction meets the above definition. The good rate structure provided is a national average. The regional modifier is used to account for an increase in construction cost due to materials and labor. The type of construction and protected/unprotected status will be determined by the plans examiner upon review. It is recommended to adopt the International Building Code's rate structure because the SBCCI Code will no longer be accepted as of January 1, 2002, in the adoption of the new Florida Building Code. (See attached table) Example: Single Family Residence Construction Cost Calculation per IBC rate structure $66.00 per square foot x Orlando Factor(1.11)=$73.26 2500 sq ft 2500 x $73.26 = $183,150.00 valuation Building Permit Fee (new)=$671.03 current=$336.25 Difference of$334.78 (for this example) Other Jurisdictions: Method of Cost Calculation and Example Building Permit Fee Oviedo SBCCI Good Rate +Orlando Factor $955.75 Winter Garden SBCCI Good and Average Rate $1020.00 (includes sub permits) Maitland Accepts valuation on application (unless questionable) $940.75 ** Altamonte Spgs Requires copy of contract $928.25 ** Orange County Adopted their own rate structure $331.25 Orlando Set fee based on square footage $336.25 Apopka $30 set fee per square foot $375.00 ** For jurisdictions that use a contract or valuation on application, the amount of $183,150.00 valuation was used to show example building permit fees. POW "CENTER OF GOOD LIVING-PRIDE OF[VEST ORANGE" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIPT ON � CITY OF OCOEE COMMISSIONERS 2 ISO N. LAKFSIIOREDRIVN DANNY HOWELL v p SCOTTANOGRSON rf=♦* �?V OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON ♦ ,� (407)905-3100 NANCY J. PARKER OP WV CITY MANAGFR JIM GLEASON Roof Permit Fee: $30.00 for all roof permits -Current Roof Permit- Residential: Remains $30.00 Recommended Revision Roof Permit- Commercial: $30.00 plus $4.50 per $1.000 of construction cost Commercial Roofs require an inspection of a greater area resulting in more time. Commercial roofs are constructed with a variety of materials other than shingles which also increases the length of inspection time. Other Jurisdictions: Orange County $25.00 minimum $400.00 maximum+ $7.00 per 25,000 cubic feet Altamonte Sprgs $15.00 up to $500 + '/ of 1% over S500 Maitland $30.00 up to $1000+ 'A of 1%over $1000 Oviedo $5.00 per$1000 cost of construction Winter Garden New roof is included in building permit fee Re-roof- $45.00 Building Permit Fee - Commercial: $30.00 plus $3.50 per $1,000 of construction cost- Current Recommended Revision Building Permit Fee- Commercial: $30.00 plus $4.50 per $1.000 of construction cost Commercial Permits require more administrative time to process and more inspection trips and time. Other Jurisdictions: Orange County $25.00 plus $4.50 per$1,000 of construction cost Altamonte Springs $15.00 up to $500 plus %: of 1% of balance over $500 const cost Maitland $30.00 up to $1000 plus %of 1% of const cost over $1000 Oviedo $250.00 plus $5.00 per$1,000 of construction cost Winter Garden $30.00 plus $6.00 per$1,000 of construction cost Orlando Range from $6.50 - $8.00 per$1,000 based on valuation Apopka $20.00 up to $4000 plus$5.00 per $1,000 of const cost POWt "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S. SCOTT VANDERGRIFT 0` ; ado CITY OF OCOEE COMMISSIONERS a. 4 A DANNY HOWELL 1F a 150 N.LAKESHORE DRIVE SCOTT ANDERSON •' �° Ocoee,FLORIDA 34761-2258 RUSTY JOHNSON (407)905-3100 NANCY J. PARKER �� rF+OF 0000 0 I Y MANMsSM JIM GLEASON Reinspection Fees: $15.00 1", $30.00 2nd and all subsequent inspections - Current Recommended Revision Reinspection Fees: $25.00 Is% $40.00 2md and 3'd subseauent, $100.00 4th and all subseauent inspections *. An increase in our inspection fees is past due. Since the last increase in fees, inspectors are licensed and are required to take continuing educational courses. Salaries, insurance cost for the employees and the vehicles have increased. Benefit increases and similar related expenses have magnified. The time involved and the levels of complexity of several of the inspections has increased. Other Jurisdictions: Orange County $30.00 for all inspection fees Altamonte Springs $15.00 for all inspection fees Maitland % of 1% of construction cost of permit Oviedo $10.00 for all inspections fees Winter Garden $30.00 1M, $40.00 for all other inspection fees Orlando $30.00 for all inspection fees Apopka $15.00 I", $20.00 2', $25.00 for all other inspections * Florida State Statute 553.80(2)(c): With respect to inspections, if a local government finds it necessary, in order to enforce compliance with the Florida Building Code, to conduct any inspection after an initial inspection and one subsequent reinspection of any project or activity for the same code violation specifically and continuously noted in each rejection, including, but not limited to, egress, fire protection, structural stability, energy, accessibility, lighting, ventilation, electrical, mechanical, plumbing, and gas systems, or other requirements identified by rule of the Florida Building Commission adopted pursuant to chapter 120, the local government shall impose a fee of four times the amount of the fee imposed for the initial inspection or first reinspection, whichever is greater, for each such subsequent reinspection. cc: Jim Gleason, City Manager Honorable Mayor and Board of City Commissioners POW! Type of Construction' Occupancy I II HI IW V' VP 1-HR UNP 1-FIR UNP 1-HR UNP Warehouse -Good 48 45 38 31 29 37 33 34 30 -Average 35 33 2B 22 20 27 23 25 21 Notes: 1. N/P-Not permitted by code. minimum code required plumbing fixtures, and lighting and 2. N/D-Insufficient data to determine average cost. electric outlets, with good quality fixtures, interior and exterior 3. Unfinished basements$11 92/sq.ft. finishes,and carpets. 4. For sprinklered buildings in other than hazardous 7. An average building has minimum model energy code occupancies add$1.75/sq.ft. insulation levels,with a forced air system,contains the minimum 5. In Type IV,V,and VI,add $41,000 per elevator code required plumbing fixtures, lighting, electric outlets; and 6. A good building will normally have some components has average quality interior and exterior finish and minimum which are only average,but many will be better than average. carpet. A good building is well insulated to utility standards, with packaged or zoned air conditioning;and has more than the INTERNATIONAL BUILDING CODE® Type of Construction Occupancy I II III IV V • A I 8 A I 8 A I B A I B Assembly Auditorium -Good 122 118 60 58 94 90 95 90 86 -Average 89 87 42 40 67 63 68 64 60 Church -Good 110 106 79 77 89 85 89 81 B1 -Average 84 81 59 57 67 63 67 64 60 Gymnasium -Good 97 97 70 68 76 72 77 73 69 -Average 71 71 50 47 56 52 56 53 49 Restaurant -Good 108 108 82 80 89 85 89 85 81 -Average 81 81 61 59 70 66 70 66 62 Theater -Good 115 111 73 71 80 76 81 76 72 -Average 96 84 52 50 57 54 58 55 51 Business office -Good 105 102 73 70 80 76 81 77 73 -Average 80 77 51 49 58 55 59 56 52 Research?Engineenng -Good 62 59 49 47 54 50 55 51 47 -Average 46 44 34 32 39 35 40 37 33 Service Srauon -Good 105 101 81 79 83 79 84 69 66 -Average 95 91 68 66 70 66 71 59 55 Educational School -Good 95 95 72 70 78 74 79 75 71 -Average 73 73 54 52 60 56 61 55 51 Factory-Industrial Type of Construction' Occupancy I II III IV V A B A B A B A B Factory(light MGF) -Good 39 37 34 32 39 35 40 35 32 -Average 27 26 24 22 29 25 30 27 23 Hazardous(Sprinkler System Included)r Hazardous -Good 41 39 35 33 41 37 41 37 33 -Average 29 27 26 24 31 27 32 29 25 Type of Construction Occupancy I II III IV V A I B A I B A I B A I B Institutional Convalescent Hospital -Good 129 125 89 87 97 N/P' 98 94 Nip' -Average 106 104 68 66 75 N/P' 26 /3 NIP' Hospital -Good 155 152 89 87 130 WP' 131 123 NIP' -Average 124 122 68 66 103 NO 104 99 NIP' Mercantile Department Stores -Good 89 87 56 54 75 71 76 59 55 -Average 69 67 43 40 61 57 62 46 42 Mall Stores -Good 102 102 66 64 73 70 74 70 66 -Average 83 83 54 52 60 56 61 57 53 Mall-Concourse -Good 80 80 56 54 58 54 59 58 54 -Average 63 63 43 41 45 41 46 45 41 Retail Store -Good 70 69 56 54 61 57 62 59 55 -Average 56 54 43 40 48 44 48 46 42 Residential Apartments -Good 64 88 63 61 69 65 70 65 62 -Average 66 64 48 46 54 50 55 51 47 Dormitories -Good 99 97 76 74 83 70 84 78 74 -Average 78 76 58 56 64 60 65 61 57 Homes for Elaedy -Good 100 98 82 80 87 83 88 85 81 -Average 79 77 62 60 67 64 68 65 61 Hotel -Good 105 102 68 66 89 85 90 85 81 -Average 82 80 50 48 75 71 76 71 67 Motel -Good 105 102 68 66 73 69 74 71 67 -Average 82 80 50 48 54 50 55 53 49 Single Family Residence' -Good 90 57 70 63 76 72 77 70 66 -Average 68 65 51 49 56 52 57 52 48 Storage Auto Parking Structure -Good 36 35 N/D' N/D' N/D` N/D' WD' N/D' HID' -Average 28 27 22 20 N/D' NID' N/D' NM' NID' Repair Garage -Good 43 45 37 35 45 42 46 41 37 -Average 35 33 27 25 34 30 35 31 27 Warehouse -Good 48 45 31 29 37 33 38 34 30 -Average 35 33 22 20 27 23 28 25 21 Type of construction' Occupancy I II III N V A I B A I B A I B A I B Utility and Miscellaneous Private Garage -Good 36 35 35 33 42 38 43 39 35 -Average 28 27 28 26 34 30 35 31 27 Greenhouse -Good s WD° MID` WD1 11.92 WD' WD' N/D' N/D' 571 -Average WD' MID WD° 553 N/D' N/ar N/D' NM' 372 Notes: 1. N/P-Not permitted by code. minimum code required plumbing fixtures, and lighting and 2. N/D-Insufficient data to determine average cost electric outlets, with good quality fixtures, interior and exterior 3. Unfinished basements$11.92/sq.ft. finishes,and carpets. 4. For sprinklered buildings in other than hazardous 7. An average building has minimum model energy code occupancies add $1 75/sq.ft. insulation levels,with aforced air system,contains the minimum 5. In Type II, Ill,and V,add$41,000 per elevator code required plumbing fixtures, lighting, electric outlets; and 6. A good building will normally have some components has average quality interior and exterior finish and minimum which are only average,but many will be better than average. carpet. A good building is well insulated to utility standards, with packaged or zoned air conditioning;and has more than the REGIONAL MODIFIERS (For use with SBC and IBC) ALABAMA 1.00 HAWAII 1.61 MISSOURI 1.09 SOUTH CAROLINA 1.02 Birmingham 1.06 Columbia 1.04 Mobile 1.06 IDAHO 1.13 MONTANA 1.09 Myrtle Beach 1.10 Opelika 0.95 ILLINOIS 1.23 NEBRASKA 1.10 SOUTH DAKOTA 1.12 ALASKA 1.69 INDIANA 1.17 NEVADA 1.19 TENNESSEE 1.05 ARIZONA 1.09 Knoxville 1.08 IOWA 1.17 NEW HAMPSHIRE 1.10 Memphis 1.06 ARKANSAS 0.98 Nashville 1.08 Little Rock 1.04 KANSAS 1.06 NEW JERSEY 1.30 West Memphis 1.05 TEXAS 1.00 KENTUCKY 1.11 NEW MEXICO 1.04 Amarillo 1.05 CALIFORNIA 1.27 Covington 1.16 Gallup 1.18 Corpus Christi 097 New Port 1.16 Taos 1.23 Dallas/Ft,Worth 1.05 COLORADO 1.13 El Paso 1.00 Aspen 1.49 LOUISIANA 1.03 NEW YORK 1.21 Houston 1.04 Baton Rouge 1.04 Victoria 0.95 CONNECTICUT 1.28 New Orleans 1.05 NORTH CAROLINA 1.04 Waco 1.00 Shreveport 1.03 Charlotte 1.04 Wichita Falls 1.02 DELAWARE 1 23 Raleigh 1.08 MAINE 1.13 UTAH 1.07 DISTRICT OF NORTH DAKOTA 1.13 COLUMBIA 119 MARYLAND 1.13 VERMONT 1.18 Baltimore 1.19 OHIO 1.15 FLORIDA 1.04 VIRGINIA 1.03 Jacksonville 1.04 MASSACHUSETTS 1.26 OKLAHOMA 1.00 Alexandria 1.18 Miami 1.01 Oklahoma City 1.07 Fredericksburg 1.16 Orlando 1.11 MICHIGAN 1.18 Richmond 1.06 Tampa 1.09 OREGON 1.22 MINNESOTA 1.21 WASHINGTON 1.26 GEORGIA 1.03 PENNSYLVANIA 1.17 Atlanta 1.11 MISSISSIPPI 0.99 WEST VIRGINIA 1.18 Columbus 1.01 Jackson 1.01 RHODE ISLAND 1.24 WISCONSIN 1.20 Wyoming 1 . 11 ORDINANCE NO. 2002-02 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA REPEALING IN THEIR ENTIRETY OCOEE CITY CODE CHAPTER 51 — BUILDING CONSTRUCTION, CHAPTER 69 — ELECTRICAL STANDARDS, CHAPTER 106 — MECHANICAL STANDARDS, CHAPTER 130 — PLUMBING, AND CHAPTER 158 — SWIMMING POOLS; CREATING A NEW CHAPTER 51 OF THE OCOEE CITY CODE ENTITLED BUILDING CODE — LOCAL AMENDMENTS, CONSISTING OF ARTICLES ENTITLED GENERAL PROVISIONS, SPECIFIC AMENDMENTS TO THE FLORIDA BUILDING CODE, BUILDING CONSTRUCTION, LIMITATIONS ON CONSTRUCTION AND CONSTRUCTION-RELATED ACTIVITIES, ELECTRICAL STANDARDS, MECHANICAL STANDARDS, PLUMBING, AND SWIMMING POOLS; PROVIDING FOR INCREASED BUILDING- RELATED PERMIT APPLICATION AND INSPECTION FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR TRANSMITTAL OF ORDINANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Commission of the City of Ocoee desires to conform with the provisions of Part VII, Chapter 553, Florida Statutes, which mandates that all local governments implement and enforce the provisions of a statewide uniform building code entitled the Florida Building Code no later than March 1, 2002. WHEREAS, in order to implement the provisions of the Florida Building Code, it is necessary for the City Commission to repeal in their entirety Ocoee City Code Chapter 51, Building Construction;Chapter 69, Electrical Standards; Chapter 106, Mechanical Standards; Chapter 130, Plumbing; and Chapter 158, Swimming Pools. WHEREAS, pursuant to Part VII, Chapter 553, Florida Statutes, the city is authorized to enact local amendments to the Florida Building Code which are more restrictive than provisions of the Florida Building Code and to adopt the building standards set forth therein. WHEREAS,the city desires to enact such local amendments, as provided for in Part VII, Chapter 553, Florida Statutes, as a new Chapter 51, Building Code - Local Amendments, to regulate construction contractors and tradesmen within the incorporated limits of the City. WHEREAS, the new Chapter 51 of the Ocoee City Code is intended to clarify and supplement the provisions of the Florida Building Code. WHEREAS, in the case of any conflict between the provisions of the new Chapter 51 and the Florida Building Code,the Florida Building Code shall take precedence. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 166 and 553, Florida Statutes. Section 2. Recitals and Findings. The purpose of the city creating a new Chapter 51 of the Code of Ordinances is to comply with the provisions of Part VII, Chapter 553, Florida Statutes. The provisions of the new Chapter 51 are local in nature and are to be construed in relation to other provisions of the Code of Ordinances. Section 3. New Chapter. A new Chapter 51 of the Code of Ordinances of the City of Ocoee, Florida is hereby adopted as follows_ SEE EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of 2 competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager,without need of public hearing,by filing a corrected or recodified copy of same with the City Clerk Section b. Transmittal of New Chapter. The City Clerk is hereby directed to transmit both a certified copy and an electronic copy of this Ordinance and all exhibits thereto to the Florida Building Commission within thirty (30) days of the enactment thereof The electronic copy shall be transmitted via electronic mail to the Florida Building Commission at its intemet web site, located at wwwtloridabuilding.org_ Section 7. Effective Date. This Ordinance shall become effective on March I, 2002, unless the Florida Legislature extends the date on which the Florida Building Code will become effective to a date after March I, 2002, in which case this Ordinance will become effective on the same date the Florida Building Code becomes effective. PASSED AND ADOPTED this day of 2002_ 3 APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift,Mayor (SEAL) ADVERTISED February 7,2002 READ FIRST TIME February 5,2002 READ SECOND TIME AND ADOPTED ,2002 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of 2002. FOLEY& LARDNER By: City Attorney 4 EXHIBIT"A" BUILDING CODE -LOCAL AMENDMENTS CHAPTER 51 ARTICLE I General Provisions Section 51-1. Authority; purpose. Section 51-2. Applicability. Section 51-3. Definitions;word usage. Section 51-4. Construal of provisions. Section 51-5. Application of other provisions. Section 51-6. Promulgation of rules and regulations. Section 51-7. Administration. Section 51-8. Certificates of competency; registration. Section 51-9. Contractors to be certified. Section 51-10. Issuance of contractor registration. Section 51-11. Approval of plans; issuance of notices and other documents; records. Section 51-12. Permits required. Section 51-13_ Revocation of permits; grounds. Section 51-14. Construal of permit; validity; effect. Section 51-15. Permits not transferable; subsequent permits. Section 51-16. Correction and reinspection of violations. Section 51-17_ Investigation of complaints; notice of unsafe conditions. Section 51-30. Enforcement procedures. Section 51-31. Penalties for offenses. Section 51-35. Construction Board of Adjustment and Appeals. Section 51-36. Appeals to the Construction Board of Adjustment and Appeals. Section 51-37. Procedures of the Construction Board of Adjustment and Appeals. ARTICLE II Specific Amendments to the Florida Building Code Section 51-50. Permitting and Inspection. Section 51-51. Building. Section 51-52. Standards. Section 51-53. Rules of Construction. Section 51-54. Words not defined. Section 51-55. Words Defined. Section 51-60. Section 102; Building Department. Section 51-65. Powers and Duties of the Building and Zoning Official. Section 51-70. Permits. Section 51-71. Information required. 5 Section 51-72. Time Limitations. Section 51-73. Additional data. Section 51-74. Site drawings. Section 51-75. Hazardous occupancies. Section 51-76. Manufactured/Mobile Homes. Section 51-77. Special foundation permit Section 51-78. Public right-of-way. Section 51-79. Conditions of the permit; permit intent. Section 51-80. Conditions of the permit; demolition. Section 51-81. Work starting before permit issuance. Section 51-82. Work commencing before permit issuance; penalties; emergencies. Section 51-83. Types of fees enumerated. Section 51-84. Building permit valuations. Section 51-90. Section 105; Inspections. Section 51-91. Required inspections; slab inspection. Section 51-92. Required inspections; framing. Section 51-93_ Required inspections; roofing. Section 51-94. Inspections; swimming pool inspection. Section 51-95. Site debris_ Section51-100. Issuing Certificate of Occupancy. Section 51-105. Section 107; Tests. Section 52-110. Section 108; Severability. Section 51-115 Section 109; Violations and Penalties. Section 51-120_ Construction Board of Adjustment and Appeals. ARTICLE III Building Construction Section 51-125. Standards applicable to mobile homes. Section 51-125.1. Conditions requiring manufacturer's product certification. Section 51-126. Permit required. Section 51-127. Issuance of permits. Section 51-128. Permit application; fees. Section 51-129. Permit fee when other permits required. ARTICLE IV Limitations on Construction and Construction-Related Activities Section 51-135. Limitations on construction and construction-related activities. Section 51-136. States of emergency. Section 51-137. Enforcement. 6 ARTICLE V Electrical Standards Section 51-140. Posting of notice of unsafe conditions;use of condemned wiring prohibited. Section 51-141. Issuance of permits. Section 51-142. Permit application;fees. Section 51-143. Payment of fees; permit forms. Section 51-144. Permit fee when other permits required. Section 51-145. Acts prohibited prior to inspection. Section 51-146. Temporary authorization. Section 51-147. Reinspections;fees. ARTICLE VI Mechanical Standards Section 51-150. Issuance of permits. Section 51-151. Fees. Section 51-152. Permit fee when other permits required. Section 51-153. Reinspections; fees. ARTICLE VII Plumbing Section 51-160. Issuance of permits. Section 51-161. Permit fees. Section 51-162 Permit fee when other permits required. Section 51-163. Reinspections; fees. ARTICLE VIII Swimming Pools Section 51-165. Approval of plans. Section 51-166. Responsibilities of owners. Section 51-167. Issuance of permit. Section 51-168. Permit fees. Section 51-169. Temporary fencing. 7 ARTICLE I General Provisions §51-1. Authority; purpose. This Chapter is enacted under the general home rule power of the city and pursuant to Part VII, Chapter 553, Florida Statutes, for the purpose of providing necessary regulations to control and regulate building, electrical, plumbing, mechanical, swimming pool and other contractors and other construction tradesmen who undertake building construction within Ocoee, Florida. This Chapter is intended to be a local amendment to the Florida Building Code and to supplement the Florida Building Code and the provisions of Part VII, Chapter 553, Florida Statutes. The provisions of the Florida Building Code are hereby incorporated into this Chapter by this reference. § 51-2. Applicability. This Chapter shall apply and be in force and effect within all of the incorporated areas of the city. § 51-3. Definitions; word usage. A. As used in this Chapter, the following terms shall have the meanings indicated: BOARD—The Construction Board of Adjustment and Appeals. BUILDING AND ZONING OFFICIAL—The Building and Zoning Official of the City of Ocoee. All references to the Building and Zoning Official in the City Code shall have the same meaning as Building Official in the Florida Building Code. BUILDING CONTRACTOR -- Any person who constructs, alters, repairs, remodels or demolishes any building or has the responsibility therefor. CITY -- The incorporated territory of the City of Ocoee, a political subdivision of the State of Florida. CODE ENFORCEMENT BOARD -- The Code Enforcement Board. ' COMMERCIAL ZONES -- All those districts presently and hereinafter zoned for commercial and professional uses, including but not limited to Planned Unit Development - Commercial. EMERGENCY --Any occurrence or threat thereof, whether natural, See Chapter 7,General Provisions,Art. 1. 8 technological or man-made, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. INDUSTRIAL ZONES -- All those districts presently and hereafter zoned for industrial uses, including but not limited to Planned Unit Development— Industrial IRRIGATION SPRINKLER- Those who are qualified to install, maintain, repair, alter or extend all piping and sprinkler heads for the irrigation of lawns, including the connection to a water pump. B. Word usage. (1) Reference to any office or officer includes any person authorized by law to perform the duties of such office. (2) The singular includes the plural, and vice versa. (3) The masculine includes the feminine and neuter, and vice versa. C. Definitions related specifically to the Florida Building Code and the local amendments thereto are set forth in Article Ii of this Chapter. §51-4. Construal of provisions. This Chapter shall be deemed to be cumulative and supplemental and in addition to any other act, law or ordinance relating to building, electrical, plumbing, mechanical and swimming pool contractors and other construction tradesmen and building construction under the jurisdiction of the city; provided, however, that this Chapter supersedes and repeals any existing ordinance or special law or city regulation which is in direct, irreconcilable conflict herewith. The provisions of this Chapter shall be liberally construed in order to effectively carry out the purpose of this Chapter in the interest of the public health, safety and welfare of the citizens and residents of the city. § 51-5. Applicability of other provisions. All installations shall conform to setback and other zoning requirements as prescribed by the city. § 51-6. Promulgation of rules and regulations. The City Commission may by resolution enact reasonable rules and regulations to implement and carry out the provisions of this Chapter; provided, however, that such rules and regulations shall be reduced to writing and made a part of record readily available to any person 9 concerned. Any such rules and regulations shall be consistent with the Florida Building Code and this Chapter § 51-7. Administration. The Building and Zoning Official shall be the administrative official for the provisions of this Chapter and shall have jurisdiction and control over building, electrical, mechanical, swimming pool, plumbing, air-conditioning, refrigeration, heating,ventilation and other trade work and other construction, maintenance, repair and removal work within the city. § 51-8. Certificates of competency; registration. It shall be a violation of this Chapter for any person to engage in the business of or act in the capacity of a building, electrical, mechanical, plumbing, swimming pool or other type of construction contractor within the city without first having obtained a current certificate of competency in the manner provided for in the Florida Building Code and registered with the City, as provided in Chapter 119 of the Ocoee City Code. § 51-9. Contractors to be certified. Any person desiring to engage in the business of or act in the capacity of a building electrical, mechanical, plumbing, swimming pool or other type of construction contractor or tradesman within the incorporated areas of the city shall possess a valid and current Orange County or state certificate for the class of contractor or tradesman required for the type building to be constructed. §51-10. Issuance of contractor registration. No person shall be registered as a contractor to engage in the business of or act in the capacity of a building, electrical, mechanical, plumbing, swimming pool or other type of construction contractor or tradesman within the city until such person has exhibited a current certificate of competency and proof of workers' compensation insurance for the class of contractor or tradesman for which he or she seeks a registration. § 51-11. Approval of plans; issuance of notices and other documents; records. The Building Department shall examine all plans and specifications filed with it for approval. The Building and Zoning Official shall issue and sign all notices, certificates and permits for the construction, installation or repair of buildings or electrical, plumbing, mechanical or other systems. The Building and Zoning Official shall keep a record of all inspections made, complaints received, plans and specifications examined, notices served, fees collected, certificate applications received and all other services performed by this Department. 10 § 51-12. Permits required. It shall be a violation of this Chapter for any person to do any work related to building, electrical, plumbing, mechanical, swimming pool or other type of construction work without first obtaining a permit therefor from the Building Department. Notwithstanding the foregoing, nonrecurring, routine or minor household maintenance activities within residential zones are exempt from the provisions of this section. §51-13. Revocation of permits; grounds. All permits issued under this Chapter shall be revocable by the Building and Zoning Official at any stage of the work upon the following grounds: A. The permit was issued by mistake of law or fact. B. The permit is for work which violates the provisions of this Chapter or the Florida Building Code. C. The permit was issued upon misrepresentation by the applicant. D. The work violates any ordinance of the city or any provision of the Florida Building Code. E. The work is not being performed in accordance with the provisions of this Chapter or the Florida Building Code. F. The certificate of competency upon which said permit was issued has become invalid by reason of expiration or otherwise. G. The work is not being performed under the supervision of the holder of the certificate of competency upon which the same was issued. H. The work is not being done in accordance with the terms of the permit or the applications upon which the same was issued. §51-14. Construal of permit; validity; effect. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this Chapter or the Florida Building Code. No permit presuming to give authority to violate or cancel the provisions of this Chapter shall be valid, except so far as the work or use which it authorizes is lawful_ The issuance of a permit upon plans and specifications shall not prevent the Building and Zoning Official from thereafter requiring the correction of errors in such plans and specifications nor from prohibiting the starting or continuance of work thereunder when in violation of this Chapter or of any other provisions of this Code or of the Florida Building Code. II §51-15. Permits not transferable; subsequent permits. No permit shall be transferable, and the issuance of a permit for certain work shall not preclude the issuance of a subsequent permit for the same work. § 51-16. Correction and reinspection of violations. In the event that the Building Department, upon inspection, shall find any work not in compliance with this Chapter or the Florida Building Code, the person doing said work shall promptly do everything necessary to bring said work within the requirements of this Chapter or the Florida Building Code. The Building Department shall then, upon notice from such person, reinspect said work atter payment of such reinspection fee as is established and from time to time amended by duly adopted ordinance or resolution by the City Commission. § 51-17. Investigation of complaints; notice of unsafe conditions. The Building and Zoning Official shall examine all buildings and premises about which a complaint concerning construction, alteration, repairing, remodeling or demolishing or plumbing, electrical, mechanical, air-conditioning, heating, refrigeration, ventilation or other system work is made and shall, upon evidence of an unsafe condition, condemn such building and notify the owner or his agent to make the necessary corrections in accordance with the requirements of this Chapter and the Florida Building Code. Such notice shall be made in writing and specify a time certain for compliance. Any person failing to place the building or applicable electrical, mechanical, plumbing, air-conditioning, refrigeration, heating, ventilation, swimming pool or other system in a proper and safe condition as instructed by the Building and Zoning Official within the reasonable time fixed by the Building and Zoning Official, shall be in violation of this Chapter. § 51-30. Enforcement procedures. The procedures set forth in Chapter 7, Enforcement of Code, shall apply to this Chapter. §51-31. Penalties for offenses. Any person violating any provision of this Chapter shall, upon conviction, be punishable as provided in § 1-12 of Chapter 1, General Provisions, Article 11, of the Code of the City of Ocoee. Each day such violation is committed or permitted to continue shall constitute a separate offense. § 51-35. Construction Board of Adjustment and Appeals. A. There is hereby established a board to be called the Construction Board of Adjustment and Appeals, which shall consist of five (5) members. The Board shall be appointed by the City Commission. 12 B. The Construction Board of Adjustment and Appeals should include the following among its members: 1. Three of the following. a Division I contractor;an electrical contractor;a mechanical contractor; a plumbing contractor; an architect; or an engineer. 2. Two members of the general public. Board members from the general public shall reside within the incorporated limits of the City of Ocoee. All other Board members may live either within or outside of the incorporated limits of the city. A Board member shall not act in a case in which he has a personal or financial interest. C. The terms of office of the Board members shall be staggered so no more than one- third of the Board is appointed or replaced in any twelve-month period. The initial members of the Board shall be appointed by the City Commission as follows: I. Two (2) members shall be appointed for a term of one(1)year. 2. Two (2) members shall be appointed for a term of two (2)years. 3. One(1) member shall be appointed for a term of three (3) years. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from required meetings of the Board shall, at the discretion of the City Commission, render any such member subject to immediate removal from office. D. A simple majority of the Board shall constitute a quorum. In varying any provision of the Florida Building Code, the affirmative votes of the majority present, but not less than three(3) affirmative votes, shall be required. In modifying a decision of the Building and Zoning Official, not less than a majority of the Board shall be required. E. A person shall be designated by the City Manager to act as secretary of the Board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of any members and any failure of any member to vote. F. The Construction Board of Adjustment and Appeals shall have the power, further defined in this section, to hear appeals of decisions and interpretations of the Building and Zoning Official and consider variances of technical codes. 13 §51-36. Appeals to the Construction Board of Adjustment and Appeals. A. The owner of a building, structure or service system, or his duly authorized agent, may appeal a decision of the Building and Zoning Official to the Construction Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: I. The Building and Zoning 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 the Florida Building Code do not apply to the 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 the Florida Building Code or any of the regulations thereunder have been misconstrued or incorrectly interpreted. B. The Construction Board of Adjustment and Appeals, when so appealed to and after a hearing, may vary the application of any provision of the Florida Building Code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the public spirit and purpose of the Florida Building Code or the technical codes or public interest, and also finds all of the following 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2 That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by the Florida Building Code to other building, structure or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 5. That the grant of the variance will be in harmony with the general intent and purpose of the Florida Building Code and will not be detrimental to the public health, safety and general welfare. 14 C. In granting the variance, the Board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed, or both. In addition, the Board may prescribe appropriate conditions and safeguards in conformity with the Florida Building Code. Violation of the conditions of the variance shall be deemed a violation of the Florida Building Code. D. Notice of appeal shall be in writing and filed within ten(10) calendar days after the decision is rendered by the Building and Zoning Official. Appeals related to provisions of the Florida Building Code, other than the local amendments contained in Article III of this Chapter, may be appealed to the Florida Building Commission, pursuant to section 120.569,Florida Statutes, regarding the city's action_ Notice of Administrative Rights may be obtained from the city Building Department. E. In the case of a building, structure or service system which, in the opinion of the Building and Zoning Official, is unsafe, unsanitary or dangerous,the Building and Zoning Official may, in his order, limit the time for such appeals to a shorter period. §51-37. Procedures of the Construction Board of Adjustment and Appeals. A. The Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of the Florida Building Code. The Board shall meet on call of the chairman. The Board shall meet within thirty (30) calendar days after notice of appeal has been received. B. The Construction Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the Board shall also include the reasons for the decision. If a decision of the Board reverses or modifies a refusal, order or disallowance of the Building and Zoning Official or varies the application of any provision of the Florida Building Code,the Building and Zoning Official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the Building and Zoning 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 and Zoning Official for two (2)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. 15 ARTICLE II Specific Amendments to the Florida Building Code § 51-50. Permitting and Inspection. The following provision is added to subsection 101.3 of Chapter 1 of the Florida Building Code as a local amendment: 101.3.3. Permitting and inspection. The inspection or permitting of any building, system or plan by the City of Ocoee, under the requirements of the Florida Building Code, shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. Neither the city nor any employee thereof shall be liable in tort for damages for any defect 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, unless the employee is found to have acted in bad faith or with malicious purpose in a manner exhibiting wanton and willful disregard for safety, health and welfare of the public. §51-51. Building. A. The following provision is deleted from subsection 101.4.2 of Chapter 1 of the Florida Building Code by this local amendment: 101 4.2. "However,this section does not apply to the manufacture of mobile homes, as defined by Federal law." B. The following provisions are added to subsection 101 4.2 of Chapter 1 of the Florida Building Code by this local amendment: 101.4.2. The following buildings, structures and facilities are exempt from the Florida Building Code as provided by law, and any future exemptions shall be as determined by the legislature and provided by law: (a) Buildings and structure specifically regulated and preempted by the Federal Government. (b) Railroads and ancillary facilities associated with the railroad. (c) Non-residential farm buildings on farms. (d) Temporary buildings or sheds used exclusively for construction purposes. (e) Mobile homes used as temporary offices, except that the provisions of part V(§§553.50— 553513, Florida Statutes) relating to 16 accessibility by persons with disabilities shall apply to such mobile homes. (t) Those structures or facilities of electric utilities, as defined in section 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity. (g) Temporary sets, assemblies or structures used in commercial motion picture or television production, or any sound-recording equipment in such production, on or off the premises. §51-52. Standards. The following provision is added to subsection 101.4.2.3 of Chapter 1 of the Florida Building Code by this local amendment: 101 4.2 3.2. All amusement devices erected within the city shall conform to the Standard Amusement Device Code, 1997 edition, subject to all amendments, modifications or deletions hereinafter contained. § 51-53. Rules of Construction. The following provisions are added to subsection 101.4 of Chapter 1 of the Florida Building Code by this local amendment: 101.4.13. Rules of Construction. The rules set out in this section shall be observed, unless such construction is inconsistent with the manifest intent of this Chapter. The rules of construction and definitions set out here shall not be applied to any section of 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. 101.4.13.1. Generally. All provisions,terms, phrases and expressions contained in this section shall be liberally construed in order that the true intent and meaning of the administration of the jurisdiction may be fully carried out. Terms used in this division, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of this state for the same terms. 101.4.13.2 Text. In case of any difference of meaning or implication between the text of this section and any figure, the text shall control. 101 4.13.3 Delegation of authority. Whenever a provision appears requiring the Building and Zoning Official or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the Building and Zoning 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. 17 101.4.13.4 Month. The word "month" shall mean calendar month. 101.4.13.5 Shall, may. The word"shall" is mandatory;"may" is permissive. The word"shall"takes precedence over"may." 101.4.13 6 Written or in writing. The term`written" or"in writing" shall be construed to include any representation of words, letter or figures whether by printing or otherwise. 101.4.13.7 Year. The word "year" shall mean calendar year, unless a fiscal year indicated. 101.4.13.8 Interpretation. Interpretations of the Florida Building Code shall be made by the Building and Zoning Official. §51-54. Words not defined. The following provisions are added to subsection 101 4 of Chapter 1 of the Florida Building Code by this local amendment: 101.4.14 Words not defined. 101.4.14.1 Words not defined herein shall have the meaning stated in the Florida Statues or other nationally recognized codes, or other documents, manuals or standards adopted elsewhere in the Florida Building Code or the Ocoee City Code. Words not defined in those documents shall have the meaning stated in the Webster's Ninth New Collegiate Dictionary, as revised. [01.4.14.2 In case of a conflict in definitions or codes, the appropriate definition(or code)to be applied shall be the one applicable to the trade in question. In case of conflict between different parts of the Florida Building Code; conflicts within the same code; or conflicts between code; the more stringent requirements shall be applicable. § 51-55. Words Defined. The following provisions are added to subsection 101.4 of Chapter 1 of the Florida Building Code by this local amendment: 101.4.15 Words Defined. a. Abandon or abandonment (1) Termination of a construction project by a contractor without just cause or proper notification to the owner including the reason for termination. (2) Failure of a contractor to perform work without just cause for ninety (90) days. (3) Failure to obtain an approved inspection within one hundred eighty (180) days from the previously approved inspection. 18 b. Appraised value. For the purpose of the Florida Building Code, appraised value is defined as either (1) one hundred and twenty(120) percent of the assessed value of the structure as indicated by the Orange County Property Appraiser's Office or (2)the value as indicated in a certified appraisal from a certified appraiser. c. Assessed value. The value of real property and improvements thereon as established by the Orange County Property Appraiser. d. Authorized agent. A person specifically authorized by the holder of a certificate of competency to obtain permits in his stead. e. Basic Wind Speed. The basic wind speed shall be 110 miles per hour, per Figure 1606 of the Florida Building Code. f Basic Wind Speed Line. The basic wind speed line for the jurisdiction shall be as established by the wind speed contour map attached to, and made part of, this Chapter, if applicable. g. Board. The City of Ocoee Construction Board of Adjustment and Appeals. h. Building component. An element or assembly of elements integral to or part of a building. i. Building shell. The structural components that completely enclose a building, including, but not limited to,the foundation, structural frame, floor slabs, exterior walls and roof system. j. Building system. A functionally related group of elements, components and/or equipment, such as the electrical, plumbing and mechanical systems of a building. k. Certification. The act of process of obtaining a certificate of competency from the state or city through the review of the applicant's experience and financial responsibility, as well as successful passage of an examination. I_ Certificate of competency(certificate). An official document evidencing that a person is qualified to engage in the business of contracting, subcontracting or the work of a specific trade. m. Certificate of experience. An official document evidencing that an applicant has satisfied the work experience requirements for a certificate of competency. n. Certificate of occupancy (C.O.). An official document evidencing that a building satisfied the requirements of the City of Ocoee for the occupancy of a building. a Certified contractor Any contractor who possesses a certificate of competency issued by the Department of Professional Regulation of the State of Florida. 19 p. Change of occupancy. A change from one Building Code occupancy classification or subclassification to another. q. Commercial building. Any building, structure, improvement or accessory thereto, other than a one- or two-family dwelling. r. Cumulative construction cost. The sum total of costs associated with any construction work done to a building or structure either at one(1) time or at different times within a specified period of time. s. Demolition. The act of razing, dismantling or removal of a building or structure, or portion thereof, to the ground level t. Examination. An exam prepared, proctored and graded by a recognized testing agency unless otherwise implied in context or specifically stated otherwise. u. FCILB. The Florida Construction Industry Licensing Board. v. Imminent Danger. Structurally unsound conditions of a structure or portion thereof that is likely to cause physical injury to a person entering the structure;or due to structurally unsound conditions, any portion of the structure is likely to fall, be carried by the wind, or otherwise detach or move, and in doing so cause physical injury or damage to a person on the property or to a person or property nearby; or the condition of the property is such that it harbors or is inhabited by pests, vermin, or organisms injurious to human health, the presence of which constitutes an immediate hazard to people in the vicinity. w. Inspection warrant. A court order authorizing the Building and Zoning Official or his designee to perform an inspection of a particular property named in the warrant. x. Intensification of use. An increase in capacity or number of units of a residential or commercial building. y. Interior finish. The preparation of interior spaces of a commercial building for the first occupancy thereof z. Licensed contractor. A contractor certified by the State of Florida or the City of Ocoee who has satisfied all state or local requirements to be actively engaged in contracting. aa. Market value. As defined in floodplain regulations of the Florida Building Code. bb. (Tuner's agent A person, firm or entity authorized in writing by the owner to act for or in place of the owner. cc. Permit. An official document authorizing performance of a specific activity regulated by the Florida Building Code. 20 dd. Permit card or placard. A document issued by the jurisdiction evidencing the issuance of a permit and recording of inspections. ee. Qualifying agent, primary. A person who possesses the requisite skill, knowledge, experience and certificate of competency, and has the responsibility to supervise, direct, manage, and control the contracting activities of the business organization with which he is associated;who has the responsibility to supervise, direct, manage and control construction activities on a job for which he has obtained a permit; and whose technical and personal qualifications have been determined by investigation and examination and is evidenced by his possession of a certificate of competency. ff Qualifying agent, secondary. A person who possesses the requisite skill, knowledge, experience and certificate of competency, and has the responsibility to supervise, direct, manage and control construction activities on a job for which he has obtained a permit; and whose technical and personal qualifications have been determined by investigation and examination and is evidenced by his possession of a certificate of competency. gg. Reciprocity. To accept a verified affidavit from any municipality or county of the State of Florida that the applicant has satisfactorily completed a written examination in its jurisdiction in content with the examination required by the Florida Building Code. hh. Registered contractor. A contractor who has registered with the Department of Professional Regulation of the State of Florida pursuant to fulfilling the competency requirements of the City of Ocoee. ii. Registration. The act of process of registering a locally obtained certificate of competency with the state, or the act or process of registering a state issued certificate of competency with the city. jj. Remodeling. Work which changes the original size, configuration or material of the components of a building. kk.Residential building. Any one-or two-family building or accessory. II. Roofing. The installation of roof coverings. rum_ Spa. Any constructed or prefabricated pool containing water jets. nn. Specialty contractor. A contractor whose services do not fall within the categories specified in Section 489.105(3), Florida Statutes, as amended. oo. Start of construction: 21 1. Site:The physical clearing of the site in preparation for foundation work including, but not limited to, site clearing, excavation, de-watering, pilings and soil testing activities. 2. Buikling. The removal, disassembly, repair, replacement, installation or assembly of the building, structure, building system or building components in whole or parts thereof pp. Stop work order. An order by the Building and Zoning Official, or his designee, which requires the immediate cessation of all work and work activities described in the order. qq. Structural component. Any part of a system, building or structure, load bearing or non-load bearing, which is integral to the structural integrity thereof, including but not limited to walls, partitions, columns, beams and girders. rr. Structural work or alteration. The installation or assembling of new structural components into a system, building or structure. Also, any change, repair or replacement of any existing structural component of a system,building or structure. ss. Substantial completion. Where the construction work has been sufficiently completed in accordance with the applicable city, state and federal codes, so that the owner can occupy or utilize the project for the use for which it is intended. tt. Value. Job cost. § 51-60. Section 102; Building Department The following provisions are added as Section 102 of Chapter 1 of the Florida Building Code by this local amendment: Section 102. Building Department. 102.1. Establishment. There is hereby established a department called the city Building Department, and the person in charge shall be known as the Building and Zoning Official. 102.2. Employee Qualifications. 102.2.1. Building and Zoning Official Qualifications. The Building and Zoning Official shall be licensed as a Building Code Administrator by the State of Florida. 102.2.2. Employee Qualifications. The Building and Zoning Official may, in accordance with all applicable personnel policies and procedures, appoint or hire such number of officers, inspectors, plans examiners, assistants and other employees as shall be authorized from time to time. A person shall not be appointed or hired as an inspector or plans examiner 22 unless that person meets the qualifications for licensure, as an inspector or plans examiner, in the appropriate trade as established by the State of Florida. 102.3. Restrictions on employees. An officer or employee connected with the Building Department, except one whose only connection is a member of the Board established by the Florida Building Code and the local amendments thereto, shall not be financially interested in the furnishing of labor, material or appliances for the construction, alteration, or maintenance of a building, structure, service or system, or in the making of plans or of specifications thereof, within the jurisdiction of the city, unless he is the owner of such. This officer or employee shall not engage in any other work which is inconsistent with this duties or conflict with the interest of the city. 102.4. Records. The Building and Zoning Official shall keep, or cause to be kept, a record of the business of the Building Department. The records of the Department shall be open to public inspection. 102.5. Liability. Any officer or employee, or member of the Construction Board of Adjustment and Appeals, charged with the enforcement of the Florida Building Code and any local amendments thereof, acting for the city authority in the discharge of his duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability for any damage that may occur to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee or member because of such act performed by him in the enforcement of any provision of the Florida Building Code shall be defended by the city until the final termination of the proceedings, unless such person is found to have acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard for the safety, health and welfare of the public. § 51-65. Powers and Duties of the Building and Zoning Official. The following provisions are added to Section 103 of Chapter 1 of the Florida Building Code by this local amendment: Section 103. Powers and Duties of the Building and Zoning Official. 103.1. General. The Building and Zoning Official is hereby authorized and directed to enforce the provisions of the Florida Building Code and any local amendments thereto. The Building and Zoning Official shall have the authority to render interpretations of the Florida Building Code and any local amendments thereto 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 the Florida Building Code, and shall not have the effect of waiving requirements specifically provided for in the Florida Building Code- 103 2_ Right of entry. 103.2.1. Whenever necessary to make an inspection to enforce any of the provisions of the Florida Building Code and any local amendments thereto, or whenever the 23 Building and Zoning Official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the Building and Zoning Official may enter such building, structure or premises at all reasonable times to inspect the same and to perform any duty imposed upon the Building and Zoning Official by the Florida Building Code. If such building or premises are occupied, he shall first present proper credentials and request entry. If such building, structure or premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the Building and Zoning Official shall have recourse to every remedy provided by law to secure entry. 103.2.2. When the Building and Zoning Official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other person having charge, care or control of any building, structure or premises shall fail or neglect after proper request is made as herein provided, to promptly permit entry therein by the Building and Zoning Official for the purpose of inspection and examination pursuant to the Florida Building Code and any local amendments thereto. 103.3. Stop work orders. Upon notice from the Building and Zoning Official, work on any building, structure, electrical, gas,mechanical or plumbing system that is being done contrary to the provisions of the Florida Building Code and any local amendments thereto or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the Building and Zoning Official shall not be required to give a written notice prior to stopping the work. 103.4. Revocation of permits. The Building and Zoning Official is authorized to suspend or revoke a permit issued under the provisions of the Florida Building Code whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any provisions of the Florida Building Code and any local amendments thereto. 103.4.1. Misrepresentation of application. The Building and Zoning Official may revoke a permit or approval issued under the provisions of the Florida Building Code, 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. 103.4.2. Violation of code provisions. The Building and Zoning Official may revoke a permit upon determination by the Building and Zoning Official that the construction, erection, alternation, repair, moving, demolition, installation or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of the Florida Building Code and any local amendments thereto. 24 103.5. Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair or rehabilitation or by demolition in accordance with the provisions of Chapter 108 of the Ocoee City Code. 103.6. Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by the Florida Building Code or other technical codes, shall be determined by the Building and Zoning Official. §51-70. Permits. The following provisions are deleted from subsection 104.1.1 of Chapter 1 of the Florida Building Code by this local amendment: Section 104 Permits 104.1.1. When required. Exceptions: "2. Permits shall not be required for the following types of activities: 2.1 the installation of any manufactured residential storage shed less than 250 square feet; 2.2 making any residential roof repair to an area of 100 square feet or less; 2.3 pouring any residential slab on grade on which no structure will be placed; 2.4 building of any non-masonry fence; 2.5 installation of non-commercial, temporary shelters such as freestanding canopies not intended for human habitation; 2.6 replacement of any non-commercial hot water heaters; 2.7 installation of vinyl siding on one and two-family residences or building accessories thereto; 25 2.8 installation of residential lawn sprinkler systems; 2.9 replacement of non-commercial windows having equal or greater thermal efficiency, with the same dimensions as the original windows." § 51-71. Information required. The following provision is deleted from subsection 104.1.5 of Chapter 1 of the Florida Building Code by this local amendment: 104.1.5. Information required. .... "The code in effect on the date of application shall govern the project." The following provision is added to subsection 104.1.5 of Chapter 1 of the Florida Building Code by this local amendment to replace the above-quoted language: 104.1.5. Information required. ....For a building permit for which an application is submitted prior to the effective date of the Florida Building Code,the state minimum building code in effect in the city on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. § 51-72. Time Limitations. The following provision of subsection 104.1.6 of Chapter 1 of the Florida Building Code is hereby amended to read as follows: 104.1.6. Time Limitations. Except as otherwise provided in this chapter, an application for a permit for any proposed work shall be deemed to have been abandoned, and shall expire by limitation 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 and Zoning Official for the application, provided the extension is requested in writing and justifiable cause is demonstrated. §51-73. Additional data. The following provision is added to subsection 104.2.1 of Chapter 1 of the Florida Building Code by this local amendment: 104.2.1.2. Additional data. The Building and Zoning Official shall be allowed to require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. 26 § 51-74. Site drawings. The following provision of subsection 104.2.4 of Chapter 1 of the Florida Building Code is hereby amended to read as follows: 104.2.4. Site drawings. Drawings shall show the location of the proposed building or structure and of every existing building or structure on the site or lot. The Building and Zoning 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. § 51-75. Hazardous occupancies. The following provision is added to subsection 104.2 of Chapter 1 of the Florida Building Code by this local amendment: 104.2.5. Hazardous occupancies. The Building and Zoning Official may require the following: 1. General site plan. A general site plan drawn at a legible scale which shall include, but not be limited to, the location of all buildings, exterior storage facilities, permanent access ways, evacuation routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, storm and sanitary sewer accesses, emergency equipment and 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 hourly rating, location of liquid tight rooms, and evacuation routes. Each hazardous materials storage facility shall be identified on the plan with the hazardous classes and quantity range per hazard class of the hazardous materials stored. § 51-76. Manufactured/Mobile Homes. The following provision is added to subsection 104.3.1 of Chapter 1 of the Florida Building Code by this local amendment: 104.3.1.1. Minimum plan review criteria for buildings. Manufactured/Mobile Homes 1. Site requirements setback/separation(assumed property line) location of septic tanks (if applicable) 27 2. Structural wind zone anchoring blocking 3. Mechanical Exhaust systems clothes dryer exhaust kitchen equipment exhaust 4. Electrical exterior disconnect location § 51-77. Special foundation permit. The following provision is added to subsection 104.4 of Chapter 1 of the Florida Building Code by this local amendment: 104.4.5_ Special foundation permit. When application for a permit to erect or enlarge a building has been filed and pending issuance of such permit, the Building and Zoning Official may, at his discretion, issue a special permit for the foundation only. The holder of such a special permit is proceeding at their own risk and without assurance that a permit for the remainder of the work will be granted nor that corrections will not be required in order to meet the provisions of the technical codes. § 51-78. Public right-of-way. The following provision is added to subsection 104.4 of Chapter 1 of the Florida Building Code by this local amendment: 104.4.46. Public right-of-way. A permit shall not be given by the Building and Zoning Official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public land, or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the application has made application for right-of-way permits from the authority having jurisdiction over the street, alley or public lane. § 51-79. Conditions of the permit; permit intent. The following provision is added to subsection 104.5.1 of Chapter 1 of the Florida Building Code by this local amendment: 104.5.1. Permit intent. ...Failure to obtain an approved inspection within 180 days of the previously approved inspection shall constitute suspension or abandonment. One or more extensions of time, for periods not more than 180 days each, may be allowed by the Building and 28 Zoning Official for the permit, provided the extension is requested in writing and justifiable cause is demonstrated prior to the expiration date. § 51-80. Conditions of the permit; demolition. The following provision is added to subsection 104.5.1 of Chapter 1 of the Florida Building Code by this local amendment: 104.5.1.5. Permits issued for the demolition of a 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 and Zoning Official. § 51-81. Work starting before permit issuance. The following provision is added to subsection 104.5 of Chapter 1 of the Florida Building Code by this local amendment: 104.5.4. Work starting before permit issuance. Upon approval of the Building and Zoning Official, the scope of work delineated in the building permit application and plans may be started prior to the final approval and issuance of the permit, provided any work completed is entirely at the risk of the permit applicant and the work does not proceed past the first required inspection. § 51-82. Work commencing before permit issuance; penalties; emergencies. The following provision of subsection 104.6.2 of Chapter 1 of the Florida Building Code is hereby amended to read as follows: 104.6.2. Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical,gas, mechanical or plumbing system before obtaining the Building and Zoning Official's approval or the necessary permits shall be subject to a penalty of 100 percent of the usual permit fee in addition to the required permit fees, or as.provided by local ordinance. This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases, the required permit(s) must be obtained 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 and Zoning Official may grant extensions of time or waive fees when justifiable cause has been demonstrative in writing. §51-83. Types of fees enumerated. The following provision is added to subsection 104.6 in Chapter 1 of the Florida Building Code by this local amendment: 29 104.6.5. Types of fees enumerated. Fees may be charged for but not limited to the following: a- Permits; b. Plans examination; c. Certificates of competency (including fees for applications, examinations, renewal, late renewal and reciprocity); d. Re-inspections; e. Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the Board); f Variance requests; g. Administrative appeals; h. Violations; and Other fees as established by local ordinance. §51-84. Building permit valuations. The following provision is added to subsection 104.6 of Chapter 1 of the Florida Building Code by this local amendment: 104.6.6. Building permit valuation. If, in the opinion of the Building and Zoning Official, the valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building and Zoning Official. Permit valuations shall include total costs, such as electrical, gas, mechanical, plumbing equipment and other system materials and labor. The permit valuation may be calculated using the latest Building Valuation Data published by the International Code Council or other applicable model code organization, at the option of the Building and Zoning Official. § 51-90. Section 105; inspections. The following provisions are added to Section 105 of Chapter 1 of the Florida Building Code by this local amendment: 105.1. Existing building inspections Before issuing a permit, the Building and Zoning Official may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install or change the occupancy. He shall inspect all buildings, structures, electrical, gas, mechanical and plumbing systems from time to time, during and upon completion of the work for which the permit was issued. He shall make a record of every such examination and inspection and of all violations of the technical codes. 105.2. Manufacturers and fabricators. When deemed necessary by the Building and Zoning Official, he shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 30 105.3. Inspection service. The Building and Zoning Official may make, or cause to be made, the inspections required in section 105. He may accept reports of departmental inspectors, independent inspectors or of recognized inspection services, provided that after investigation he is satisfied as to their licensure, qualifications and reliability. A certificate required by any provisions of the Florida Building Code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified by the Building and Zoning Official. The Building and Zoning Official shall ensure that all persons making such inspections shall be certified in accordance with Chapter 468, Florida Statutes. § 51-91. Required inspections; slab inspection. The following provision is added to subsection 105.6 of Chapter 1 of the Florida Building Code by this local amendment: 105.6. Required inspections. Building_ I.I 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. The slab shall not be poured until all required inspections have been made and passed. § 51-92. Required inspections; framing. The following provision of subsection 105.6 of Chapter 1 of the Florida Building Code is hereby amended to read as follows: 105.6. Required inspections. Building. 2. Framing inspection: To be made after the roof, all framing, fireblocking and bracing is in place, all concealing wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: -window/door framing and installation -vertical cells/columns - lintel/tie beams - framing/trusses/bracing/connectors - draft stopping/fire-blocking - curtain wall framing - energy insulation -accessibility 31 Insulation Inspection: To be made after the framing and roofing inspection is approved and insulation is in place. § 51-93. Required inspections; roofing. The following provision of subsection 105.6 of Chapter 1 of the Florida Building Code is hereby amended to read as follows: 105.6. Required inspections. Building. 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 § 51-94. Inspections; swimming pool inspection. The following provision is added to subsection 105.6 of Chapter 1 of the Florida Building Code by this local amendment: 105.6. Required inspections. Building 6. Swimming pool inspection: - 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 424.17 of the Florida Building Code. § 51-95. Site debris. The following provision is added to subsection 105.6 of Chapter 1 of the Florida Building Code by this local amendment: 105.6. Required inspections. Site debris. 32 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. §51-100. Issuing Certificate of Occupancy. The following provision of subsection 106.1.2 of Chapter 1 of the Florida Building Code is hereby amended to read as follows: 106.1.2. Issuing Certificate of Occupancy. Upon completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical codes, reviewed plans and specifications, and after the final inspection, and after verification that all septic system permits have received an approved final inspection, where applicable, the Building and Zoning Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for each floor where permitted by law, and the allowable load per square foot for each floor in accordance with the provisions of the Florida Building Code. § 51-105. Section 107; Tests. The following provision is added as Section 107 of Chapter 1 of the Florida Building Code by this local amendment: Section 107. Tests. 107.1. For products not covered under the statewide product evaluation and approval system, the Building and Zoning Official may require tests or test reports as proof of compliance. Required tests are to be made at the expense of the owner, or his agent, by an approved testing laboratory or other approved agency. §51-110. Section 108; Severability. The following provision is added as Section 108 of Chapter 1 of the Florida Building Code by this local amendment: Section 108. Severability. 108.1. If any section, subsection, sentence, clause or phrase of the Florida Building Code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the Code. 33 §51-115 Section 109; Violations and Penalties. The following provision is added as Section 109 of Chapter 1 of the Florida Building Code by this local amendment: Section 109. Violations and Penalties. 109.1. Any person, firm, corporation or agent who shall violate a provision of the Florida Building Code, or any local amendments thereto, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or have erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical or plumbing system, in violation of a detailed statement or drawing submitted and permitted thereunder, shall be guilty of a misdemeanor of the second degree. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the Florida Budding Code, or any local amendments thereto, is committed or continued. Upon conviction of any such violation, such person shall be punished within the limits and as provided by law and local ordinance. § 51-120. Construction Board of Adjustment and Appeals. The City has created a Construction Board of Adjustment and Appeals to hear appeals related to interpretation of the Florida Building Code by the Building and Zoning Official and his designees. The powers and authority of such Board are set forth in Sections 51-35 through 51-37 of this Chapter. ARTICLE III Building Construction §51-125. Standards applicable to mobile homes. A. Every mobile home within the corporate limits of the city which shall be used as a residence shall be inspected for compliance with the minimum blocking, ground anchor and tie-down standards set forth in the Rule of the Division of Motor Vehicles, Chapter 15C, and for compliance with the laws of the State of Florida. No person shall move or cause to be moved a mobile home within the city prior to obtaining a permit from the Building Department by a state-licensed manufacturer, dealer or mobile/manufactured home installer to ensure the installation is in compliance with such standards and the Florida Building Code. No person shall allow to be moved or otherwise locate on lands or premises owned by such person within the city any mobile home prior to a state-licensed manufacturer, dealer or mobile/manufactured home installer obtaining a permit from the Building Department to ensure the installation is in compliance with such standards and the Florida Building Code. 34 B. The enforcement of this Section shall rest with the City Building Department, and the required inspections shall be accomplished by the Building and Zoning Official. C. The Building Department shall file notice to any person in violation of the provisions of this Section, specifying the nature of the violation and necessary corrective action. D. The provisions of this Section do not apply to mobile homes that will be in the city for 15 days or less. § 51-125.1. Conditions requiring manufacturer's product certification. A. Whenever the Building and Zoning Official receives complaints or other information which indicates that, in the opinion of the Building and Zoning Official, a particular product is not being installed on a consistent basis in accordance with the manufacturer's specifications, then the Building and Zoning Official may, in his discretion, issue an order which requires the following with respect to the product which is the subject of the complaint (1) The product must be installed in strict accordance with the manufacturer's specifications, a copy of which shall be at the job site during inspection. (2) At the time of final inspection, delivery to the Building and Zoning Official of a certification, signed by a representative of the product manufacturer, that the product is suitable and intended for the use set forth in the plans and specifications for the building submitted to the city for approval and that an independent inspection of the installed product in question has been undertaken and that the product has been installed in strict accordance with the manufacturer's specifications and that no warranties with respect to the product have been voided. (3) A copy of the product manufacturer's maintenance instructions and product warranty information shall be in the building at the time of final inspection. B. The decision of the Building and Zoning Official as set forth above may be appealed to the City Commission by filing a notice of appeal with the City Clerk. The decision of the City Commission on such appeal shall be final. §51-126. Permit required. A. It shall be a violation of this Article for any person to do any building constriction, repair work, alteration or remodeling of any building or to demolish any building within the scope of this Article without first obtaining a permit therefor from the Building Department. 35 B. Further, each and every construction project of any type, to include initial land clearing, that is to be performed within the corporate limits of the city must be submitted to and approved by the City Building Department prior to the start of construction. This includes utilities such as waterlines in building construction projects as well as projects that are within the state road rights-of-way. The term "construction" is herein defined to include clearing of land, regardless of whether subsequent structures will be built or not. C. The Building Department will have the responsibility of coordinating with and insuring approval of all of their agencies within the city that may be impacted by any type of construction project. This includes working closely with the city consulting engineer and utility departments. D. Any individual or firm who or which fails to comply with Subsection B shall be brought before the Code Enforcement Board and/or the City Commission for them to levy appropriate fines or other punishment. Consequently, in keeping with the Code Enforcement Boards duties and rights, there may be a fine of up to two hundred fifty dollars($250) per day levied for failure to comply with Subsection B. E. Temporary ballfields and playfields. Notwithstanding any provision in this Code to the contrary, no permit shall be required under the provisions of this Code for the purpose of making temporary nonstructural improvements to real property in order for such real property to be used by a not-for-profit organization as a temporary ballfield or playfield for a period of time not to exceed 90 consecutive days. §51-127. Issuance of permits. A. No permit shall be issued until the fees therefor have been paid to the Building Department, and all permits shall be issued, in writing, upon forms provided therefor by said Department. B. No permit shall be issued until and unless a survey or site plan of the property concerned is submitted to the Building and Zoning Official, as applicable. Said survey must be signed and sealed by a state-registered surveyor. §51-128. Permit application; fees. A. Application for permit shall be submitted on forms provided by the Building Department and shall be accompanied by a plot plan and such plans and/or specifications as are necessary to describe the work to be done. Such application shall also be accompanied by a nonrefundable plan review fee, as applicable. 36 B. The valuation of all buildings, structures or alterations requiting a permit shall be performed by the Building and Zoning Official. The Building and Zoning Official shall base his valuation of the building and calculation of permit fees on the following: (1) The building permit fee for one- and two-family residential construction is thirty dollars ($30), plus three dollars and fifty cents ($3.50) per one thousand dollars($1,000)of residential construction cost. (2) The residential construction cost shall be based upon the tables and charts entitled Building Valuation Data compiled annually by the International Code Council. Such tables and charts are published each fall in the trade publication entitled "Southern Building"and shall be made available for public inspection in the office of the city Building Department. Such Building Valuation Data will become effective as of January I of each year. (3) Permit fees for commercial (all construction other than one-and two- family residential construction) are thirty dollars($30), plus four dollars and fifty cents($4.50) per one thousand dollars($1,000) of commercial construction cost. (4) Commercial construction cost (construction other than one-and two- family residential construction) shall be based upon the tables and charts entitled Building Valuation Data compiled annually by the International Code Council. Such tables and charts are published each fall in the trade publication entitled "Southern Building"and shall be made available for public inspection in the office of the city Building Department. Such Building Valuation Data will become effective as of January I of each year. (5) Building permit fees for additions, alterations or repairs shall be calculated at the above rates. (6) Swimming pools and screen enclosures are thirty dollars ($30), plus three dollars and fifty cents($3.50) per one thousand dollars ($1,000) of actual construction cost. (7) Sign permits are one dollar($1) per square foot of sign. (8) Seawalls, boat docks and boat houses are thirty dollars ($30), plus three dollars and fifty cents($3.50) per one thousand dollars($1,000) of actual construction cost. (9) Moving an existing building or structure is as follows: 37 (a) To outside of city: one hundred dollars ($100), plus expenses. (b) Into or within the city: two hundred dollars ($200), plus expenses. (c) Relocation on same lot: fifty dollars ($50), plus expenses. (d) Demolishing any building or structure: thirty dollars($30). (10) For factory-built housing (mobile homes) park and tie-down the permit fee is one hundred dollars($100). In addition to the one-hundred-dollar permit fee, there shall be a nonrefundable inspection fee of fifty dollars ($50), plus one dollar($1) per mile for any mobile home inspection that is located over fifty (50) miles from the city limits of Ocoee. If the application is approved, the fifty-dollar inspection fee shall be applied to the park and tie-down permit fee. (II) Fences (all types) are thirty dollars($30). (12) Temporary construction trailers or structures are thirty dollars($30). (13) Roofing: (a) New residential is thirty dollars($30). (b) New commercial is thirty dollars ($30), plus four dollars and fifty cents ($4.50) per one thousand dollars ($1,000) of actual construction cost. (c) Residential re-roofing repairs are thirty dollars ($30). (d) Commercial re-roofing or roofing repairs are thirty dollars($30), plus four dollars and fifty cents ($4.50) per one thousand dollars ($1,000)of actual construction cost (14) Paving, sidewalks, curb, gutter and subdivision walls, including all types of materials, shall be calculated as thirty dollars ($30), plus three dollars and fifty cents($3.50) per one thousand dollars($1,000) of actual construction cost. (15) Water and sewer distribution systems installed by developers or developers' contractors shall be calculated as two percent (2%) of the contract price. (16) Land clearing or tree removal shall be calculated as and the fee shall be ten dollars($10) per lot for each lot contained in the legal description of the property to be cleared or twenty-five dollars($25) per acre, whichever is greater. (17) Plan amendments/revisions are five dollars($5) per page. Upon the occurrence of the fourth and subsequent plan amendments/revisions, the fee shall be twenty dollars($20) per page. 38 C. Subject to approval of the Building and Zoning Official, actual construction cost may be determined by using the contract price of construction. Contract price of construction shall include structural, electrical, plumbing, interior finish, normal site preparation (excavation and backfill for building), architectural and engineering fees. A copy of the itemized contract shall be required in all instances where contract price is used to determine actual construction cost. U. A permit shall not be issued until the fees prescribed in this Section have been paid, nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical or gas systems, has been paid. E. Any person or entity who commences any work on a building, structure, electrical, gas, mechanical or plumbing system or other activity requiring a permit hereunder, before obtaining the necessary permits, shall be subject to a penalty of one hundred percent (100%) of the usual permit fee in addition to the required permit fees. F. Notwithstanding the foregoing, the minimum permit fee shall be thirty dollars ($30) for permits with a construction valuation over one thousand dollars($1,000) and fifteen dollars ($15) for all permits with a construction valuation of an amount equal to or less than one thousand dollars ($1,000). G. Plan review, inspections and reinspections. In addition to any permit fees payable as provided in this Article, the following plan review and inspection fees must also be paid prior to the issuance of any permit: (1) Plan review and inspection fees: (a) Residential: one-half('/) of permit fee for plan review, in addition to permit fee. (b) Commercial: one-half of one percent (/ of 1%) of value of construction for plan review, in addition to permit fee. (2) Plan review fees shall not be charged for construction projects when construction plans or drawings are not required. (3) Reinspection fees: (a) First reinspectioa twenty-five dollars ($25). (b) Second and third reinspection for the same noncompliance: forty dollars ($40). (c) Fourth and subsequent reinspections for the same noncompliance: one hundred dollars ($100). (4) Requests for special after-hours (other than normal working hours, weekends or holidays) inspections shall be submitted to the Building and 39 Zoning Official, in writing, by the contractor forty-eight (48) hours in advance of the requested inspection. The minimum number of hours that will be approved is three (3) hours. No inspection(s) will be approved until the inspection fees have been paid. The rate per hour for special after- hours inspections is fifty dollars($50). § 51-129. Permit fee when other permits required. In any case where an installation is subject to an inspection and permit pursuant to the electrical, plumbing, gas, mechanical, roofing, fire or other applicable regulations of the city, the cost of that part of the installation for which a permit is issued under said regulations shall not be included in the building permit which shall be issued by the Building Department. ARTICLE IV Limitations on Construction and Construction-Related Activities §51-135. Limitations on construction and construction-related activities. Except as provided in §§ 51-136 and 51-137 hereof, no construction or construction- related activities shall occur within any residential zones or in any commercial zone or industrial zones located within five hundred (500)feet of any developed residential zone between the hours 9:00 p.m. and 7:00 a.m., Monday through Saturday, on Sundays and on the following holidays: New Year's Day, Easter, Memorial Day, Labor Day, Independence Day, Thanksgiving and Christmas. For the purposes of this Chapter, construction and construction-related activities include but are not limited to land clearing, demolition of a structure or building, construction of a structure or building and the use of any tool, equipment, motorized devices, manually operated devices or hand-powered devices to accomplish the foregoing. This limitation may be waived by the Building and Zoning Official for large-scale, critical construction projects. Such requests must be documented in writing to the Building and Zoning Official at least two weeks prior to the date of such construction. The Building and Zoning Official's determination shall be in writing. §51-136. States of emergency. A. The provisions of this Article shall be automatically suspended during any time that the Governor of the State of Florida has declared that a state of emergency exists within the corporate limits of the city. B. For the purposes of this Article, the City Manager may declare that a state of emergency exists within the corporate limits of the city, in which case the provisions of this Article shall be automatically suspended during such state of emergency; provided, however, that any such state of emergency shall extend no longer than thirty (30) days, unless extended by a majority vote of the City Commission_ 40 § 51-137. Enforcement. The Building and Zoning Official shall be empowered to issue an order halting all construction and construction-related activities in violation of this Chapter or the Florida Building Code. Any disputes regarding compliance with this Article shall result in presentation of a violation to the Code Enforcement Board pursuant to Chapter 7 of the Code of Ordinances of the City of Ocoee. ARTICLE V Electrical Standards § 51-140. Posting of notice of unsafe conditions; use of condemned wiring prohibited. A. Whenever any wiring, apparatus or fixture is found by the Building and Zoning Official to be unsafe or hazardous to life or property, the Building and Zoning Official shall immediately open the switch or circuit breaker controlling the supply of current to such wiring, apparatus or fixture and shall post in a conspicuous place near such switch or circuit breaker a notice printed in red letters as follows: NOTICE -- WIRING CONDEMNED. THE USE OF ELECTRIC CURRENT IS PROHIBITED THROUGH THIS WIRING UNTIL PROPER REPAIRS HAVE BEEN MADE AND APPROVED BY AN ELECTRICAL INSPECTOR. REPAIRS SHALL BE MADE BY A CERTIFIED ELECTRICIAN AND THE ELECTRICAL INSPECTOR SHALL BE NOTIFIED WHEN COMPLETED. B. Alter such notice is posted, no person shall close the switch or circuit breaker which has been opened by the Building and Zoning Official or use or attempt to use any current through the wiring which has been condemned, until necessary repairs have been made and approved by the Building and Zoning Official. § 51-141. Issuance of permits. No permit shall be issued until the fees prescribed in this Section have been paid, nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the electrical system, has been paid. Permits shall be issued, in writing, upon forms provided by the Building Department. §51-142. Permit application; fees. Applications for permits shall be submitted on forms provided by the Building Department. Such application shall be accompanied by the following permit fees: A. Standard fees for commercial and residential electrical permits of one thousand (1,000)volt-amperes or less are based on the total amperage of the service installation. One electrical permit is required for each recording watt-hour meter service. Should circumstances make it practical to issue one permit involving 41 more than one watt-hour recording meter service, the fee shall be calculated using the sum of the fees of the total number of individual watt-hour meter services. B. Standard permit fees are calculated by the following method. (1) Minimum electrical permit fee: thirty dollars ($30). (2) Phase 240 volt-amperes. Volt-Amperes Fee 0 to 150 $ 60.00 151 to 200 75.00 201 to 400 95.00 401 to 600 145.00 601 to 800 195.00 801 to 1,000 245.00 (3) Phase 208 to 240 volt-amperes. Volt-Amperes Fee 0 to 150 $104.00 151 to 200 130.00 201 to 400 165.00 401 to 600 251.00 601 to 800 338.00 801 to 1,000 424.00 (4) Phase 480 volt-amperes. Volt-Amperes Fee 0 to 150 $208.00 151 to 200 260.00 42 201 to 400 330.00 401 to 600 502.00 601 to 800 676.00 801 to 1,000 848.00 (5) For all commercial permits over 1,000 volt-amperes,the fee shall be thirty dollars($30), plus ten dollars ($10) per one thousand dollars($1,000) or fraction thereof of contract price, plus five dollars ($5) per one hundred (100) amps of service. (6) For all commercial and residential additions, alterations or repairs not requiring a new service, the fee shall be thirty dollars ($30), plus ten dollars($10) per one thousand dollars($1,000) or fraction thereof of contract price over three thousand dollars ($3,000). C. Specialty fees: (1) Swimming pools: (a) Residential: thirty dollars($30). (b) Commercial: sixty dollars ($60). (2) Sign connection: thirty dollars($30). D. Meter services: (1) Construction trailers: thirty dollars ($30). (2) Irrigation systems: thirty dollars($30)_ (3) Sanitary lift stations/similar uses: thirty dollars($30). § 51-143. Payment of fees; permit forms. No permit shall be issued until the fees therefor have been paid to the Building Department, and all permits shall be issued, in writing, upon forms provided therefor by the Building Department. 43 §51-144. Permit fee when other permits required. In any case where an installation is subject to an inspection and permit pursuant to the building, plumbing, gas, mechanical, swimming pool and other applicable regulations, the cost of that part of the installation for which a permit is issued under said regulations shall not be included in the electrical permit which shall be issued for the electrical installation. § 51-145. Acts prohibited prior to inspection. It shall be a violation of this Article for any person, prior to inspection and approval by the Building and Zoning Official, to: A. Lath, seal or in any manner conceal any electrical wiring or equipment. B. Use any electrical current in or through any wiring apparatus or fixtures for light, heat or power in any building or structure. C. Connect a distribution system with any installation of wiring apparatus or fixtures in or on any building, if such person is furnishing electric current for light, heat or power. §51-146. Temporary authorization. On non-residential sites only, the Building and Zoning Official may, before a final certificate of inspection is issued, give temporary authorization to connect and furnish electric current to any wiring, apparatus or fixture for a period not exceeding thirty (30) days if such wiring, apparatus or fixture is in such condition that current may safely be connected therewith and there exists a necessity for such use. The time during which such temporary authorization is valid may be extended by the Building and Zoning Official in writing for good cause shown. §51-147. Reinspectians; fees. In the event that the Building and Zoning Official, upon inspection, shall find any work not in compliance with this Article, the person doing said work shall promptly do everything necessary to bring said work within the requirements of this Article. The Building and Zoning Official shall then, upon notice from such person, reinspect said work after payment of the following fees: A. First reinspection: twenty five dollars($25). B. Second and third reinspections for same noncompliance: forty dollars ($40). C. Fourth and subsequent reinspections for the same noncompliance: one hundred dollars($100)_ 44 ARTICLE VI Mechanical Standards § 51-150. Issuance of permits. A permit shall not be issued until the permit fees prescribed in this Section have been paid, nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the mechanical system, has been paid. Permits shall be issued, in writing, upon forms provided by the Building Department. § 51-151. Fees. Permit fees shall be based on the contract price or selling price of an installation or alteration. Permit fees for air conditioning, heating and ventilation installations or alterations are as follows: A. Up to and including the first one thousand dollars ($1,000): thirty dollars ($30). B. For each additional one thousand dollars ($1,000) or fraction thereof up to twenty-five thousand dollars ($25,000): ten dollars ($10). C. For each additional one thousand dollars($1,000) or fraction thereof over twenty-five thousand dollars($25,000): six dollars ($6). § 51-152. Permit fee when other permits required. In any case where an installation is subject to an inspection and permit under building, fire, electrical, plumbing, gas and other regulations, the cost of that part of the installation for which a permit is issued under said regulations shall not be included in the mechanical permit which shall be issued by the Building Department. § 51-153. Reinspections; fees. A. In the event that the Building and Zoning Official, upon initial inspection, shall find said work not in compliance with this Article,the person doing said work shall promptly do everything necessary to bring said work within the requirements of this Article. The Building and Zoning Official shall then, upon notice from such person, reinspect said work after payment of the following fees: (1) First reinspection: twenty five dollars ($25). (2) Second and third reinspections for same noncompliance: forty dollars($40). (3) Fourth and subsequent reinspections for same noncompliance: one hundred dollars ($100). 45 B. Requests for special after-hours(other than normal working hours weekends or holidays) inspections shall be submitted to the Building and Zoning Official, in writing, by the contractor forty-eight (48) hours in advance of the requested inspection. The minimum number of hours that will be approved is three (3) hours. No inspection(s) will be approved until the permit fee has been paid. The rate per hour shall be fifty dollars ($50). ARTICLE VII Plumbing § 51-160. Issuance of permits. A permit shall not be issued until the permit fees prescribed in this Section have been paid, nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the plumbing system, has been paid. Permits shall be issued, in writing, upon forms provided by the Building Department. § 51-161. Permit fees. A. All plumbing and gas permits for residential (one-and two-family homes) shall be thirty dollars ($30), plus three dollars ($3)per fixture or appliance. B. Commercial plumbing and gas permits shall be based on the contract or selling price of the installation or alteration. The permit fee shall be thirty dollars ($30), plus three dollars and fifty cents ($3.50) per one thousand dollars ($1,000) of actual cost or fraction thereof C. All residential irrigation permits shall be thirty dollars($30). D. All commercial irrigation permits shall be thirty dollars ($30), plus three dollars and fifty cents($3.50) for each one thousand dollars($1,000) of actual cost or fraction thereof § 51-162. Permit fee when other permits required. In any case where an installation is subject to an inspection and permit under building, mechanical, electrical, swimming pool or other regulations, the cost of that part of the installation for which a permit is issued under said regulations shall not be included in the plumbing permit which shall be issued by the Budding Department. § 51-163. Reinspections; fees. A In the event that the Building and Zoning Official, upon initial inspection, shall find work not in compliance with this Article, the person doing said work shall 46 promptly do everything necessary to bring said work within the requirements of this Chapter. The Building and Zoning Official shall then, upon notice from such person, reinspect said work after payment of the following fees: (I) First reinspection: twenty five dollars($25). (2) Second and third reinspections for the same noncompliance: forty dollars ($40). (3) Fourth and subsequent reinspections for the same noncompliance one hundred dollars ($100). B. Requests for special after-hours (other than normal working hours, weekends or holidays)inspections shall be submitted to the Building and Zoning Official, in writing, by the contractor forty-eight(48) hours in advance of the requested inspection. The minimum number of hours that will be approved is three (3) hours. No inspection(s)will be approved until the assessed fee has been paid. The rate per hour shall be fifty dollars($50). ARTICLE VIII Swimming Pool § 51-165. Approval of plans. A. Prior to commencement of construction of a pool or any structural alteration, addition or remodeling, two (2) sets of plans and plot plans and specifications and pertinent explanatory data shall be furnished to the Building and Zoning Official of the city for his approval and for public pools for the approval by the Florida State Board of Health by its duly authorized official serving Orange County, Florida, and no part of any work shall be commenced until the Building and Zoning Official has granted a permit and has further evidenced his approval by a suitable endorsement upon such plans and specifications_ B. Plans and specifications for pools must bear the seal and signature of a registered professional structural engineer licensed to practice in the State of Florida in any or all of the following instances, except where the swimming pool contractor has a Master Plan on file with the Building Department: (1) Where pools exceed two hundred fifty(250) square feet in area at water level. (2) Where pools depart from simple rectilinear or curvilinear shape. (3) Where the highest groundwater elevation will be less than four(4) feet six (6) inches below the pool water level. 47 §51-166. Responsibilities of owners. A. It is the responsibility of the pool owner to see that the operation of his pool does not cause undue noise or excess lighting which might prevent the enjoyment by adjoining property owners of their property. B. The owner or persons responsible for the pool operation shall keep in service all items designed for the purification of the water supply or its protection from pollution to perform adequately the function for which they were designed. § 51-167. Issuance of permit. No permit shall be issued until the fees therefor have been paid to the Building Department, and all permits shall be issued, in writing,upon forms provided therefor by said Department. § 51-168. Permit fees. Permit fees for swimming pools are set forth in Article III above. §51-169. Temporary fencing. Prior to the start of and during construction of a swimming pool, a temporary fence not less than forty-eight(48) inches in height and of sturdy construction shall be installed around the pool. Said fence shall be closed and locked at all times, except when work is in progress and workmen are on the job. The temporary fence shall not be removed except when the permanent fence, wall or enclosure shall be immediately constructed. 48