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HomeMy WebLinkAboutOrdinance 641 t ORDINANCE NO. b 'I / AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO THE REG- ULATION OF SWIMMING POOL CONTRACTORS AND SWIMMING POOL CONSTRUCT- . , ION; ESTABLISHING THE SCOPE AND PURPOSE; PROVIDING DEFINITIONS OF TERMS; PROVIDING FOR AN ADMINISTRATIVE OFFICIAL; ESTABLISHING AUTHORITY TO ENTER BUILDINGS; PROVIDING FOR APPROVAL OF PLANS; ESTABLISHING QUALIFICATIONS OF PERSONS APPLYING FOR PERMITS; REQUIRING OBTAINING PERMIT AND PAYMENT OF FEES THEREFOR BEFORE COMMENCING WORK; PRESCRIBING GROUNDS FOR REVOCATION OF PERMITS; PROVIDING FOR NOTICE, EFFECT, HEARING AND REVIEW OF BOARD'S DECISIONS; REQUIRING POSTING OF BUILDING PERMIT ON JOB SITE; PROVIDING FOR SCOPE, EFFECT OF PERMITS; PROVIDING FOR FEE WHEN WORK COMMENCED BEFORE OBTAINING PERMIT; PROVIDING FOR APPLICATION FOR PERMIT; REQUIRING INSPECTIONS AND CORRECTIONS OF VIOLATIONS; PROVIDING FOR INVESTIGATION OF COMPLAINTS BY BUILDING INSPECTOR; REQUIRING CONTRACTORS TO HAVE A CERTIFICATE OF COMPETENCY AND BE BONDED; PROHIBITING FALSE ADVDRTISING AND PERMITTING FALSE USE OF NAME OR LICENSE; REQUIRING OCCUPATIONAL LICENSE; MAKING IT UN- LAWFUL FOR PERSONS NOT HAVING A CERTIFICATE OF COMPETENCY TO DO POOL WORK; PROVIDING FOR DESIGN AND CONSTRUCTION STANDARDS; RE- QUIRING TEMPORARY AND PERMANENT FENCING; PROVIDING FOR SURROUND- ING YARDS; PROVIDING FOR PLUMBING REQUIREMENTS; PRESCRIBING NUISANCES; REQUIRING COMPLIANCE WITH ZONING REQUIREMENTS; PRO- VIDING FOR SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; PRESCRIBING PENALTIES FOR VIOLATION OF THE PROVISIONS OF THIS ORDINANCE. . ji BE IT ENACTED BY THE CITY COMMISSION OF OCOEE, FLORIDA; . SECTION ONE. This ordinance is enacted under the Home Rule power of the City for the purpose of providing necessary reg- ulations for swimming pools and swimming pool contractors in the interest of public health, safety and welfare of the citizens and residents of Ocoee. This ordinance shall apply and be en- forced in all areas of the City. SECTION TWO. This ordinance shall be referred to as the Swimming Pool Ordinance of Ocoee, Florida. SECTION THREE. Definitions; (a) The Board. The ,ire and Building Trades Board. (b) City. Ocoee, Florida, a geagraphic location. (c) Pool. A facility containing or intending to contain water of a tatal volume greater than 3,000 gallons, whether owned and/or used by an individual citizen and his family or bona fide guests, or whether owned and/or used by any corporation, partner- ship, club, cooperative house, or joint tenancy of twO' or more families or any organization of any kind. (d) Wading Pool. A facility containing, or intending to con- tain, water of a total volume not greater than 3,000 gallons, which facility is no more than 250 square feet and is less than 2'4" in depth at any point and is used only by an individual citizen and his family or bona fide guests and shall not include ownership, operation, or use by any type club, cooperative hous- ing.or joint tenance of two or more families. (e) Screen Enclosure. An enclosure surrounding a pool, the walls and roof of the enclosure consisting entirely of screen mesh except for minimum essential structural framework required for its support. (f) Person. Any person, firm, partnership, association, corporation or company, or any organization of any kind. . JI . SECTION FOUR: The Building Inspectar shall be the adminis- trative afficial far the pravisians af this ardinance, shall have jurisdictian and cantral aver all swimming paal canstructian with- in the City. SEcr.nO:~ FIVE: AUTHORITY (rO ENTER BUILDINGS: The Building Inspectar is empawered and autharized to' enter intO' ar upan any public ar private building ar premises during reasonable haurs far the purpases of examining, inspecting ar testing any swimming paal canstructian within such building ar premises. NO' awner ar accup- ier af any public ar private building ar premises shall refuse to I permit entry ar inspection af any swimming paol canstructian pur- suant to' this ordinance. SECTION SIX, INVESTIGATION OF COMPLAINTS, The building in- spectar shall examine all premises abaut which a camplaint af any swimming paal canstructian is made, and shall, upon evidence of an unsafe ar unfinished cond i tian, candemn SUG.h system and natify the owner ar agent af such premises to' arrange such system in accardance with the requirements of 'this ardinance. Such natice shall be made in writing. Any persan failing to' place the swimm- ing paol canstructian in a praper and safe candition as instruct- ed by the building inspector within the reasanable time fixed by the building inspectar, shall be in vialatian af this ardinance. SEC1'ION SEVEN, APPROVAL OF PLANS. Priar to' cammencement af canstructian af a paol ar any structural alteratianp additian ar remodeling, twO' sets of plans and plot plans, and specificatiars and pertinent explanatary data shall be furnished to' the building afficial af the City far his appraval, and for public paals, the . approval by the Flarida State Baard af Health by its duly authar- ized afficial servinG Orange County, Florida, and part of nO' any wark shall be commenced until the building official has granted a permit and has further evidenced his approval by a suitable end- orsement upon such plans and specificatians. Plans and specifications far paals must bear the seal and signa- ture af a registered prafessional structural engineer licensed to practice in the State af Flarida in any or all of the fallawing instances, except where the swimming paol cantractor has a master plan on file with the Building Department. (1) where poals exceed 250 square feet in area at water level; (2) where paals depart fram simple rectalinear ar curva- . linear shape; and (3) where the highest graund water elevatian will be less than 4 feet 6 inches below the pool water level. SEc'rION EIGH~P. PERMITS REQUIRED. A permit will be required to' do ~ny swimming pool constructian af any character, or make any alterations, additians or remodeling to existing structures. SECTION NINE. CONDITIONS, FORMS FOR ISSUANCE OF PERMITS. NO' permit shall be issued until the fees therelor nave oeen palO to the bUlldlng department and aLL perllll\.s l:Hlld..LL ue J.bl:;UeU in I writing upan forms provided therfor by said department. SECTION TEN. PERMITS NOT 11RANSFEREABLE I SUBSEQUENT PERMITS FOR SAME WORK. NO' peemit shall be transferable and the issuance . af a permit far certain work shall nat preclude the issuance af a subsequent permit for the same wark. SECTION ELEVEN. PERSONS QUALIFIED FOR PERMITS. The fallaw- ing persans, firms, or carparatians shall be qualified to be issu- ed permits; (1) a licensed and certified swimming pool contractor. (2) any persan whO' is a bana fide awner of a single family residence in which he resides ar intends to' immediately reside and whO' shall dO' all the work himself, except that he may hire one unskilled labarer to' assist him under his directian and super- visian. . SEC'I'ION TWELVE. REVOCATION OF PERMITS - GROUNDS. All permit issued shall be revacable by the building afficial at any stage af the work upan the fallawing graunds; (a) the permit was issued by mistake of law ar fact; (b) the permit is for work which vialates the provisians af this ardir\ance; (c) the permit was issued by misrepresc.::;ntatiol1 of the app- licat; (d) the wark violates any ard inane e, of thE' Citv; (e) the work is not beinD: perfarmed in accardance with the pravisians af this ardlnance; '\ (f) the certificate af campetency upan which said permit was issued has became invalid by reasan af expiratian ar ather- wise; . (g) the wark is nat being perfarmed upon the supervisian af the halder af the certificate af campetency upan which the permit was issued; (h) the work is nat being dane in accardance with the terms ! af the permit or the applicatians upan which the same was issued. SECTION THIRTEEN. NOTICE; EFFECT; HEARING; The inspectar shall issue and serve upan the permitee written natice af such revacation and the graunds theraf and it shall be a vialatian of this ardinance for the permitee ar any other persan with know- ledge af such revacatian to cantinue such work thereafter until said permit is reinstated ar a new permit is issued. Any p\3rsan whO' may be aggrieved by any ruling or o is; t~T of the building afficial shall have the right to' request by written natice to' the Baard a hearing to' be held within ten days in order to' resalve the dispute. The petitianer shall have the right to be represented by caunsel, to prevent evidence and crass-examine witnesses, which witnesses shall be swarn to' tell the truth. SECTION FOURTEEN. REVIEW OF BOARD'S DECISIONS. The Board of City Camrnissianers shall review any arder that may have been given by the Board refusing to' issue a permit, certificate af competency, or suspending ar revaking any certificate af camp- etency, pravided that natice af application far such review shall have been given in writing by the persan whose permit ar cert- ificate of campetency shall have been suspended or revaked to the Board and the Baard af City Cammissianers within thirty days after entry by the Baard af the denial af the permit, certifi- cate af competency, ar af the arder af suspension ar revacatian. If the Board's decisian shall be affirmed by the City Cammissian, the persan '..1 aggrieved may appeal to' the Circuit Caurt af the Caunty within thirty days, but nat thereafter. SECTION FIF'I'EEN. PERMI'l' CARD REQUIRED. POSTING. 'l'he Build- ing Department shall issue with each permit a natice thereaf showing the issuance af a permit, the number thereof, the date af issuance, the premises far which issued and the name af the persa' to wham issued, and it shall be unlawful to cammence work withaut first having pasted such card in a p raminent place upon the prem ises upan which the wark is to' be dane, sa that such card may be readily seen fram the street upan which such premises face and abut, and it shall be a vialatian af this ardinance far any persa to' remave ar render invisible said card during the pragress af work. . SECTION SIXTEEN. PERMIT FEES. Permit fees may be fixed by the Board af City Cammissianers by resalutian. sectian Seventeen. FEE WHEN WORK COMMENCED BEFORE OB1'AINING PERMIT. Any persan whO' shall cammence any swimming paal canstruc - ian wark withaut first abtaining a permit shall, if subsquently permitted to' abtain a permit, pay the fee; pravided, however, that this pravisian shall nat apply to' emergency wark, but in all such cases a permit must be abtained as saon as practicable and i there is any unreasanable delay in obtaining such a permit, such fee as may be prescribed by the regulatians adopted pursuant here to' shall be charged. The payment af such fee required hereunder shall nat preclude ar be deemed a substitute far penalties other- wise pravided herein far cammencing wark withaut first abtaining a permit. SECTION EIGHrrEEN. SCOPE, EFFECT, Or' PERMITS. The isswd'.)"icf, or granting of a permit or approval af plans and specificatians shall not be deemed ar canstrued to' be a permit for/ar an apprav- al af any vialation af any af the pravisions of this ardinance. No pe~mit presuming to give autharity to' vialate ar cancel the pravisians of this ardinance shall be valid, except sa far as the work or use which it authorizes is lawful. The issuance af a permit upon plans and specificatians shall nat prevent the inspec - ar from thereafter requiring the carrectian af errars in such plans and specificatians or fram prahibiting the starting ar cont inuance af work thereunder when in vialatian af this ardinance. SECTION NINETEEN. APPLICA'rION FOR PERMI':e. Applicatian far permit shall be submitted an farms pravided by the building de~ partment and shall be accampanied by sufficient description to clearly define the intended work. The written applicatian far permit must be made to' the City building department by a swimm- ing paol cantractar intending to install the wark. The appli- catian f:lhall be accompanied by a camplete set af plans and . specificatians, as may be necessary in the apinian af the City Building Inspectar to determine whether the installatian as des- cri bed will canform with the requirements af this ardinance. '11 he permit, when issued, shall be far such installatio~ as is des- cribed in the applicatian. SECTION TWENTY. INSPECTIONS REQUIRED. The building Inspec- tar, upan notificatian fram the permit halder ar his agent, shall make the fallawing inspectians and such ather inspectians as may be necessary and shall either apprave that portian af the wark as campleted ar shall natify the permit halder ar his agent wherein the same fails to camply with this ardinance; (a) First inspectian- TO' be made after excavatian and rein- farcing steel ar structural frarnewark is in place. (b) Final Inspectian - TO' be made an campletian, paal filled and ready far use. In the event the inspector shauld find said wark nat in compliance, the persan daing the wark shall make the required correctians, and natify the inspectar to' reinspect said wark after payment af such fees as may be unifarmly prescribed by the Baard af City Cammissioners by fee schedule resalution. SECTION 'llWENTY-ONE. POOL CONTRACTORS TO BE CERTIFIED. All persans desiring to' engage in the trade or business of swimming paal cantractar within the City shall passes a valid and current Orange Caunty, Flarida ar State of Flarida certificatian. SECTION TWENTY-TWO. FALSE ADVERTISING PROHIBITED. It shall be a vialation of this ardinance for any persan, firm, or carp- aration, ather than a certified and licensed swimming paal cant- ractar, to expose a sign,"Swimming Paal Cantractor", ar use any ather advertising pertaining theretO'. SEe~IOfi TWENTY-THREE.PERMITTING FA~SE USE OF LICENSE OR NA~m. It shall be a vialatian af this ardinance far a swimming paol contractar to' lend his name ar to take a permit in his name far the use af any other persan or to allow the use af his name directly ar indirectly far the purpose of abtaining a permit. SECTION TWENTY-FOUR. OCCUPATIONAL LICENSE. It shall be re- quired af every persan abtaining a permit to' engage in the busin- ess af swimming paal cantractar, to' pay to' the appropriate tax callectar, the amaunt pravided far said accupation accarding to' . . the license cade then in effect. SECTION TWENTY-FIVE. BOND REQUIRED. Before a permit is issued to' any applicant to' engage in the business of swimming paal cantractar, he shall file with the City Building Department a band payable to' the City af Ocaee, in the amaunt af Five Thous- and (5,000) dallars. Said band shall be executed by the swimming paal cantractar as principal and by a surety campany licensed to' dO' business in the state af Flarida as surety and shall be can- ditioned as fallows: that the principa.l herein shall pratect said city and awner ar awners af premises upan which said principal daes any wark against all lasses ar damage accasianed by the negligence af said principal in failing to pramptly protect all wark dane by him, ar his emplayees, ar under his directian ar supervisian, which is nat caused by said city , its a ,-,:;nt:L'3 or employees; a11(l thc't said principal herein shall keep and abserve all regulatians at any time in farce in said city relating in any way to' swimming paol canstructian. said band shall be far the benefit af all persans injured ar aggrieved by any violatian of ar to' neglect to' abserve this ordinance ar the rules and reg- ulations established under the authority thereaf. Said band shall be renewed at the end af each license year. All bonds shall expire an September 30th, and nO' swimming paal work will be dane until said band has been renewed. SECTION TWENTY=SIX. REVOCATION OF PERMIT PRIVILEGE. The baard shall have the pawer, in additian to all ather pawers pra- vided far in this ardinance, to' suspend far a length af time nat to exceed ane year, ar to' revake, the privilege af working in the city of any swimming paol cantractar who shall be guilty af any ane or more af the fallawing acts ar ammissians, to' wit; (a) misrepresentatman af any material fact in the applicati for a permit; (b) continued performance as a swimming paol cantractor in a negligent, incompetent, or unworkmanlike manner; (c) engaging in the business or acting in the capacity af swimming paol cantractar without a valid accupatianal license; (d) abandonment of any cantract for swimming paal cons- truction without legal grounds; . . (e) diversion of praperty or funds recieved pursuant to' contract far swimming poal canstructian; (f) departure from the plans and specificatians far swimm- ing pool construction ar accampanying applicatian far permit wi thaut the cansent of the party far whom the work-' is being per- formed. (g) misrepresenting the requirements of this ardinance re- gulating swimming poal canstructian in order to obtain ar in- crease the scope af the work in any contract; (h) violatian af any portion of this ardinance; (i) allowing any persan to dO' swimming paal wark under a per- mit obtained by said paal contractar when said persan is nat work- ing both under the supervisian and as a regular emplayee af the contractar in whose name the permit is issued; SECTION TWENTY-SEVEN. NOTICE AND HEARING. At any time the repart af the inspectar shall shaw the existence of one ar more graunds for revacatian ar there is filed with the Baard the cam- plaint af any persan alleging the existence af such graunds, it shall be the duty of the Baard to arder the inspectar to' serve upan the alleged violatar a notice af the alleged graunds far revacatian and af the time, date and place of hearing befare the Baard thereupon, which natice shall be served nat less than ten nar mare than twenty days priar to' said hearing. The alleged vialatar shall have the right to' appear at such hearing, be rep- resented by counsel, praduce evidence and crass-examine witnesses. All witnesses shall be sworn to' tell the truth. SECTION TWENTY-EIGHT. UNLAWFUL FOR PERSONS TO WHOM NOT POSSESSING CERTIFICATES OF COMPETENCY TO PERFORM POOL WORK. It shall be unlawful for any persan, firm ar corporatian nat passess. ing a certificate af competency in accordance with the provisians of this ordinance, to' do any swimming paol canstruction, ar make repairs, alterations, additions ar changes to' any existing swimm- ing paol within the City except; (a) A person may install a swimming poal on the premises where his awn single-accupancy hame is located, far himself and by himself, providing the work is dane in accord~nce with this ordinance. This privilege may be exercised for not more than one swfumming poal in any twO' year period. Satisfactory praof af . Ownership will be required by the City Building Inspectar. SECTION TWENTY-NINE. DESICiN AND CONSTRUCTION REQUIREMENTS. All poals shall be canstructed and maintained in canformity with the follawing requirements; (a) "'here diving boards are pravided, the depth af water in the diving bawl shall be as stipulated in the Rules af the I'State Board of Health, Sectian lOD-5, and in the National Swirnm- . ing Paal Institute Minimum Standards far Residential Paals, Sec. 2.7 thraugh Sec. 2.14 as published in the 1972 editian af "pra- spectus Paal Registry Pragram't af the Natianal Swimming Paal In- stitute. (b) All paal canstructian shall be designed to' fully suppart turn to' the paol except thraugh the filter system. (f) All paals shall be campletely enclased by a screen en- closure, a link-type fence, ar a salid wall as approved by the building afficial af a minimum height af forty-eight inches, the gates af which shall be self-clasing and latching type with a latch on the inside af the gate ar enclasure lacated at least 46 inches abave the graund. . (g) Above-graund paals are governed by the same ardinance as regular paols. Section Thirty. Temparary Fencing. Prior to' the start af and during construction af a swimming paal, a temparary fence not less than 48 inches in height and af sturdy constructian shall be installed araund the paal. Said fence shall be clased and lacked at all times eRcept when work is in progress and workmen are on the jab. The temparary fence shall not be removed except when the permanent fence, wallar enclosure shall be immediately canstruct- ed. . Sectian Thirty-ONE. GENERAL CONSTRUCTION PROVISIONS FOR CONCRETE POOLS. Cancrete paols shall be designed in accordance with the requirements of Serial Designation ACI NO'. 318-71. as published by the American Cancrete Institute. (a) Pool Walls and flaor slabs shall nat be less than 5 inches thick and cantain a minimum af nat less than 2 tenths af ane square inch af reinfarcing steel per lineal foat in each directian. Such reinfarcing shall be securely supported at appraximate mid-depth of base slabs and walls priar to and fallow ing placing of ooncrete. (b) All reinfarcing shall have not less than 2 inches af cancrete caver. (c) Pneumatically placed concrete shall have a minimum thickness of six inches at the bot tam and 5 inches at the top with reinfarcing centered therein. (d) Cancrete placed by hand shall be Portland cement can- crete having a 28 day campressive strength of nat less than 3000# SECTION THIRTY-TWO. YARDS. No paal shall be lacated closer to' the side yard praperty line af the lat, ,arcel, piece af land, upan which said paol is lacated, than the distance required by the zaning ordinances af the City for side yardS, nor closer to the faunda.tian af hause as per 1301.1 af Sauthern Standard Build- ing Cade, nor less than 10 ft. fram the rear property line, nar shall any part af the paol structure within and including the caping intrude upan any easement. Screen enclasures shall not be lacated clase~ to' the side yard praperty line than that required by the City zoning ardinances, nor closer to the rear property line than ten feet, and shall nat intrude upon any easement. SECTION THIRTY-THREE. PLUMBING REQUIREMENTS. There shall be no cross cannection af a public water supply with any ather source of water supply far the paolo Any line from the public water supply to' the paol shall be protected against back flow of palluted waters by means af an air gap and shall discharge at least 4t inches abave the maximum high water level to' the make up tank or the paol ar an anti-siphon breaker on the sill cock. (a) P.V.C.Schedule 40, cammercial standard 272 permitted. (b) Pool heaters shall be sa designed that heated water . entering the paol shall nat exceed 110 deg. F. (c) Any pool constructed where ground water is encountered shall have a hydrastatic relief valve installed in the main sump drain designed to' prevent flatatian ar shall have a suitable hydrostatic underdrain to' which a pump may be properly attached. SECTIOH THIR'rY-FOUR. NUISANCES. It is the respansibility . of the pool owner to' see that the operation of his pool daes nat cause undue noise or excess lighting which might prevent the en- joyment by adjoining praperty awners af their property. The awner ar persans respansible far the paal aperatian shall keep in service all items designed far the purification af the water supply ar its pratectian fram pollutian to' perform adequately the functian far which they were designed. SECTION THIRTY-FIVE. ZONING REQUIREMENTS. All installatian shall canfarm to setback and ather zaning requirements as pre- scribed by the city. SECTION THIRTY-SIX. VALIDITY. It is declared to' be the in- tent af the Baard of City Cammissianers that if any sectian, sub- section, sentence, clause or portian of this ardinance is far any reason held invalid or unconstitutional by any court af campetent jurisdictian, such partian shall be deemed a separate, distin6t and independent provisian and such halding shall nat affect the validity of the remaining partion thereof. SECTION THIRTY-SEVEN. PENALTY. Any person, firm ar corpora- tion vialating any of the provisions of this ardinance shall be . deemed guilty of a misdemeanor and upon conviction thereof shall be fined in the amount not exceeding $500.00 or be imprisoned in the City or County jail far. period not exce.ding 30 days ar be both so fined and imprisoned. Each day such vial.tion is"cCDmmkt- ed ar permitted to' cantinue shall constitute a separate offense and shall be punishable as such hereunder. SECTION THIR1'Y -EIGHT. EFFECTIVE DATE. This ordinance shall ta.ke effect immediately upan passage by the City Commission of the City af Ocoee, Florida. ENACTED this / g day of J61YJViJr'1 19 CITY OF OCO~, FLORIDA . ~t2ut d/:;;;l'?>~- MAYOR ~t2~r CITY CLERK