HomeMy WebLinkAboutItem 12 First Reading of Ordinance Amending Article II, Chapter 51
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: September 17, 2024
Item #: 12
Contact Name: Michael Rumer Department Director: Michael Rumer
Contact Number: Ext. 1018 City Manager: Craig Shadrix
Subject: First Reading of Ordinance Amending Article II, Chapter 51 of the Code of
Ordinances Creating Local Technical Amendments to the Florida Building Code. (Acting
Assistant City Manager Rumer)
Background Summary:
The proposed ordinance functions as a local amendment to the Florida Building Code. The ordinance amends
Article II of Chapter 51 by creating a new Section 51-20 to the City of Ocoee Code of Ordinances which
establishes more sustainable and hardier construction criteria by requiring that the exterior walls and interior
load bearing walls of the first floor (or story) of all structures intended for human habitation or public access
must be constructed using masonry block, concrete, or metal, and no other material shall be approved. The
only exception being that this requirement does not apply to single-family structures, duplex structures, tri-plex
structures, quad-plex structures, or other residential structures having four (4) or fewer dwelling units.
The intent of the ordinance is to provide construction practices that contribute to the long-term durability of
buildings. High-quality materials and adherence to these building codes will extend the lifespan of the
structures, reducing the need for costly repairs and maintenance in the future. This benefits both residents and
property owners, promoting a sustainable approach to housing. The City is currently under a Land
Development Code rewrite which will provide new code language to ensure Ocoee clearly states its goals in
shaping environments that enhance the quality of life. The new code will blend aesthetics with functionality,
creating spaces that are not only visually appealing but also achieves the vision as stated by the City
Commission and the citizens of Ocoee. This proposed ordinance is another tool staff can use to achieve those
desired outcomes. City staff has determined that wood-framed multifamily buildings are susceptible to
moisture damage, mold and mildew, wood rot, and infestation and structural damage from wood-destroying
organisms. Additionally, wood-frame construction is potentially combustible and poses a greater risk to the
health, safety, and welfare of firefighting personnel, as well as to those who reside in buildings of such
construction.
Upon adoption, the City will submit the local amendment to the Florida Building Commission. The amendment
will be valid until the next release of the Florida Building Code. At such time, the City will have to re-adopt per
FS 553.73.
Issue:
Should the Honorable Mayor and City Commissioners approve an Ordinance Amending Article II, Chapter 51
of the Code of Ordinances Creating Local Technical Amendments to the Florida Building Code?
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners approve an Ordinance Amending Article II,
Chapter 51 of the Code of Ordinances Creating Local Technical Amendments to the Florida Building Code.
Attachments:
1. Ordinance
Financial Impacts:
None
Type of Item: First Reading
ORDINANCE NO. 2024--_____
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
AMENDING ARTICLE II, CHAPTER 51 OF THE CITY OF OCOEE
CODE OF ORDINANCES; CREATING LOCAL TECHNICAL
AMENDMENTS TO THE FLORIDA BUILDING CODE;
CREATING A NEW SECTION 51 -20, REQUIRING MASONRY
BLOCK, METAL, OR CONCRETE EXTERIOR AND INTERIOR
LOAD BEARING WALLS IN CERTAIN STRUCTURES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee ("City") recognizes that Chapter
553, Florida Statutes, allows local governments to adopt and enact local administrative
amendments to the Florida Building Code that are more stringent than the minimum standards
described therein so long as such amendments are transmitted to the Florida Building Commission
within thirty (30) days after enactment and are made available to the general public in a useable
format; and
WHEREAS, the City recognizes that Section 553.73, Florida Statutes, allows local
governments to adopt and enact local technical amendments to the Florida Building Code to
address local needs by requiring more stringent requirements than those specified in the Florida
Building Code, subject to the requirements of subsection 553.73(4)(b), Florida Statutes; and
WHEREAS, the City finds that the local technical amendments to the Florida Building Code,
as provided in this Ordinance, meet the requirements for local technical amendments pursuant to
subsection 553.73(4)(b), Florida Statutes; and
WHEREAS, the City finds that the local technical amendments adopted pursuant to this
Ordinance are no more stringent than necessary to address the local needs, that the additional
requirements are not discriminatory against materials, products, or construction techniques of
demonstrated capabilities, and that the additional requirements do not introduce a new subject that
is not addressed in the Florida Building Code; and
WHEREAS, the City has determined that wood-framed multifamily buildings are
susceptible to moisture damage, mold and mildew, wood rot, and infestation and structural damage
from wood-destroying organisms, including subterranean termites; and
WHEREAS, wood-frame construction is potentially combustible and poses a greater risk
to the health, safety, and welfare of firefighting personnel, as well as to those who reside in
buildings of such construction; and
WHEREAS, wood-frame construction is prone to structural issues such as bowing
because structural wood components often derived from quickly-grown farmed wood that does
not achieve the level of durability and stability provided by the old growth forests that supplied the
wood found in many older buildings; and
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WHEREAS, concrete, masonry, and metal framing can provide a stronger structure and
protection against wind loads associated with hurricanes and tropical storms that strike Central
Florida with increasing frequency; and
WHEREAS, concrete and masonry construction provide more effective sound barriers
than wood-framed construction, which creates a quieter environment for residents at the street level
ground floor or adjacent to a busy amenity such as a swimming pool; and
WHEREAS, concrete and masonry construction have a lower thermal conductivity than
wood-framed construction and are, therefore, more energy efficient and result in lower utility costs;
and
WHEREAS, the City has determined that all technical amendments enacted herein are
based upon a review of local conditions and that the review demonstrates by evidence or data that
the City exhibits a local need to strengthen the Florida Building Code beyond the needs or regional
variation addressed by the Florida Building Code; and
WHEREAS, the City has and shall make readily available, in usable format, all technical
amendments adopted as referenced herein; and
WHEREAS, the City has considered and shall include in its transmittal to the Florida
Building Commission a fiscal impact statement which documents the cost and benefits of the
proposed technical amendments including its impact to local government relative to enforcement, and the
impact to property and building owners, as well as to industry, relative to the cost of compliance; and
WHEREAS, the City finds that it is in the best interest of the health, safety, and general welfare of
the residents of Ocoee and the general public that the exterior and interior load bearing walls of the first story of
all structures constructed after adoption of this Ordinance be constructed using masonry block, concrete, or
metal except as excluded from such requirements as set forth herein; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Recitals. The foregoing whereas clauses are incorporated herein by
reference and made a part hereof.
SECTION 2. Authority. The City of Ocoee has the authority to adopt t his Ordinance
pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes.
SECTION 3. A new Section 51-20, Code of Ordinances of the City of Ocoee Code,
Florida, is hereby adopted to read as follows with underlines showing additions:
§ 51-20 First Story Wall Material Requirements.
Subsection 1401.1_of Chapter 14 of the Florida Building Code as adopted by this chapter as it
pertains to the construction of structures within the city is hereby amended to require that the
exterior walls and interior load bearing walls of the first floor (or story) of all structures intended
for human habitation or public access must be constructed using masonry block, concrete, or metal,
and no other material shall be approved, except that this requirement does not apply to single-family
structures, duplex structures, tri-plex structures, quad-plex structures or other residential structures
having four (4) or fewer dwelling units.
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
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 stated in Sections 3 and 4 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 6. Effective Date. This Ordinance shall not become effective until
thirty (30) days after this Ordinance has been received by and the amendment set forth in Section 3
this Ordinance is published by the Florida Building Commission.
PASSED AND ADOPTED this ____ day of ___________, 2024.
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
ADVERTISED ______________, 2024
Page 4 of 4
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this ___ day of __________, 2024.
FISHBACK DOMINICK
By:
Richard S. Geller, City Attorney
READ FIRST TIME ___________, 2024
READ SECOND TIME AND ADOPTED
_____________________, 2024
UNDER AGENDA ITEM NO.__________