HomeMy WebLinkAbout2024-29 Amending Article II, Chapter 51 of the Code of Ordinancesi' r i i, i i i•
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MA ar•
WHERE AS, 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 forn'lat, 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 thatthe 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 V111 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:
851-20 First Story Wall Material Reauirements.
Subsection 1401.1 of Chapter 14 of the Florida Building Code as adopted by this chapter as i
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
a-p-ply to single-family structures, duplex structures, tri-plex structures, quad-plex structures or
other residential structures having four (4) or fewer dwellingunits.
SECTION 4. SeLverabili - 11. 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.
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PASSED AND ADOPTED this $ -day of �)Q 2024.
Melanie Sibbitt, City Clerk
(SEAL)
ITY OF OCOEE, FLORIDA
Rusty John ,%6a or
ADVERTISED
RE AD FIRST TIME �iLVAI �1 1, 2024
RE AD SECOND TIME AND ADOPTED
L \ —,2024
UNDER AGENDA ITEM NO.
FOR USE AND RELIA11 CE 01 L 7'B 7'
THE CITY OF OCOEE, FLORIDA;
APPROVE D AS TO FORM
AND LEGALITY this -ilf day of _0 L",j�2024.
FISHBACK DOMINICK
By:
Richard S. Geller, City Atto\rdey