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HomeMy WebLinkAboutItem 07 Second Reading of Ordinance Amending Article II, Chapter 51 of the Code of Ordinances City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: October 1, 2024 Item #: 7 Contact Name: Michael Rumer Department Director: Michael Rumer Contact Number: Ext. 1018 City Manager: Craig Shadrix Subject: Second 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 first Reading of the Ordinance was held on September 17, 2024. 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 2. Business Impact Estimate 3. Advertisement Financial Impacts: None Type of Item: Second Reading Public Hearing 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 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 this 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. Space intentionally left blank. PASSED AND ADOPTED this day of , 2024. ATTEST: Melanie Sibbitt, City Clerk (SEAL) APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor ADVERTISED , 2024 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. 1 City of Ocoee Business Impact Estimate Proposed ordinance’s title/reference:Ordinance No. 24- 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 SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☒ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1 See Section 166.041(4)(c), Florida Statutes. 2 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): The purpose of this Ordinance is the City has determined 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 multifamily 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. 2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; N/A (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and N/A (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. N/A 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: N/A 4. Additional information the governing body deems useful (if any): 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. West Orange Times c/o Business Observer 1970 Main Street 3rd Floor Sarasota, FL 34236 , 941-906-9386 x322INVOICE Legal Advertising Attention: If you are a government agency and you believe that you qualify for a 15% discount to the second insertion of your notice per F.S. revision 50.061, please inform Kristen Boothroyd directly at 941-906-9386 x323. NOTICE The Business Observer makes every effort to ensure that its public notice advertising is accurate and in full compliance with all applicable statutes and ordinances and that its information is correct. 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