HomeMy WebLinkAboutOrdinance 94-21
ORDINANCE NO. 94- 21
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING ARTICLE I OF CHAPTER 51 OF THE CODE
OF ORDINANCES OF THE CITY OF OCOEE RELATING TO
BUILDING CONSTRUCTION BY CREATING A NEW
SECTION 51-12.2 RELATING TO CONDITIONS
REQUIRING MANUFACTURER'S PRODUCT
CERTIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the city of Ocoee from time-to-time receives
complaints regarding the improper installation of particular
products; and
WHEREAS, the city commission of the City of Ocoee desires to
establish a procedure for quickly responding to citizen complaints
regarding improper installation of particular products.
NOW, THEREFORE, BEING ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authoritv. 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 Chapter 166,
Florida statutes.
SECTION 2. A new section 51-12.2 of Article I of Chapter 51
of the Code of Ordinances of the city of Ocoee is hereby adopted
and shall read as follows:
SECTION 51-12.2
Conditions reaU1r1nQ manufacturer's
product certification.
Whenever the Building Official receives complaints or
other information which indicates that, in the opinion of the
Building Official, a particular product is not being installed
on a consistent basis in accordance with the manufacturer's
specifications, then the Building 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 jobsite during inspection.
2. At the time of final inspection, delivery to the
Building Official of a certification, signed by a
representative of the product manufacturer, (i) 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 (ii) 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.
The decision of the Building 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.
SECTION 3 .
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 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 4.
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 5. Effective Date. This Ordinance shall become
effective immediately upon passage and adoption.
PASSED AND ADOPTED this f rt day of JilL L{
, 1994.
APPROVED:
Clerk
CITY OF OCOEE, /'FLORIDA
---c-- . / j tf"
-::5 '~:>r j;:l La,- (<e,"~>~ .
s. Scott Vandergrif ,t Mayor
ATTEST:
(SEAL)
ADVERTISED June 23 , 1994
READ FIRST TIME June 21 , 1994
READ SECOND TIME AND ADOPTED
J l(LLf r , 1994,
UNDE~ AGENDA ITEM NO. ~.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
AP~ROV~,~S TO FO~P LEGALITY
thls _I) - day of .....J U I; , 1994.
FOLEY , naDNER
By: lfLJ; Il~
City Attorney
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