HomeMy WebLinkAboutItem V (C) Second Reading and Public Hearing Ordinance No 93-08, relating to the use of nails vs staples in the construction of shingle rooftops AGENDA 5-4-93
Item V C
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR.COMMISSIONER
Ocoee - , S.SCOTT VANDERGRIFT
,6% ri4 5 ° ' CITY OF OCOEE COMMISSIONERS
RUSTY
a. 150 N.LAKESHORE DRIVE PAUL W.FOSTER
v O OCOEE,FLORIDA 34761 VERN COMBS
cey O 4v (407)656-2322 SAM WOODSON
JFK ,
OF G 00V`` CITY MANAGER
STAFF REPORT ELLIS SHAPIRO
TO: HONORABLE MAYOR AND CITY COMMISSIONERS
FROM: D.W. FLIPPEN, DIRECTOR OF BUILDING AND ZONING 51 ?-
DATE: APRIL 14, 1993
SUBJ: PROPOSED ORDINANCE NO. 93- 08 PROHIBITING THE USE OF
STAPLES FOR ROOF COVERINGS.
ISSUE:
Should the Honorable Mayor and Board of City Commissioners approve
the proposed Building Code revision as set out in Ordinance No.
93- 08?
BACKGROUND DISCUSSION:
At the City Commission meeting of March 16, 1993, Mayor Vandergrift
proposed an emergency ordinance that would prohibit the use of
Pneumatically driven staples as an approved method of fastening
roof shingles. Due to Mayor Vandergrift's proposal and at the
direction of the City Manager, I investigated this matter and found
that the major cause of roof shingle failure was caused by the
improper installation of pneumatically driven staples.
The approval of staples as a fastening device by roofing shingle
manufacturers is based on all of the staples being installed in a
precise manner. Our inspection of the damaged roof shingles
revealed the staples were not installed as per the manufacturers
directions.
Even though we inspect all roof shingle installations it is not
possible to inspect each and every staple. Therefore, even if a
shingled roof passes inspection there may be areas that are
improperly stapled. Considering the probability of human error in
the proper placement of pneumatically driven staples and based on
past experience it is my opinion that pneumatically driven staples
is not an acceptable method of attachment for roofing shingles.
RECOMMENDATION:
It is recommended that the Honorable Mayor and City Commissioners
adopt Ordinance No. 93- 08.
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FOLEY & LARDNER
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MEMORANDUM
TO: Mr. Don Flippen, Building Inspector
FROM: David P. Barker, Assistant City Attorney 1/P6
DATE: April 13, 1993
RE: Ordinance Prohibiting the Use of
Staples for New Roof Coverings
Enclosed please find the original Ordinance prohibiting the use of staples for the
construction, alternation, repairing or remodeling of new roof coverings. Please review the
enclosed Ordinance. If you have no questions or comments, please forward the original
Ordinance to Jean Grafton for placement on the next agenda.
If you need any further assistance in this matter, please do not hesitate to call.
DPB:lb
Enclosure
cc: Paul E. Rosenthal, City Attorney
ORDINANCE NO. 93- 08
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CREATING A NEW SECTION 51-12.1 OF ARTICLE I OF
CHAPTER 5 OF THE CODE OF ORDINANCES OF THE
CITY OF OCOEE; PROHIBITING THE USE OF STAPLES
FOR THE CONSTRUCTION, ALTERATION, REPAIRING,
OR REMODELING OF NEW ROOF COVERINGS FOR ANY
STRUCTURE OR BUILDING LOCATED IN THE CITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. 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. Section 51-12 . 1 of Article I of Chapter 5 of
the Code of Ordinances of the City of Ocoee, Florida, is hereby
created and reads as follows:
SECTION 51-12.1. Standards Applicable to New Roof
Coverings.
Staples are prohibited for use in the construction,
alteration, repairing, or remodeling of new roof
coverings, including, but not limited to roof shingles,
for any structure or building located in the City. The
Provisions of this section shall not apply to the
construction, alteration, repairing or remodeling of new
roof coverings if a building permit for such
construction, alteration, repairing or remodeling has
been issued prior to the Effective Date of this Section.
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.
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PASSED AND ADOPTED this day of , 1993 .
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED April 22 , 1993
READ FIRST TIME April 20 , 1993
READ SECOND TIME AND ADOPTED
, 1993,
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 1993 .
FOLEY & LARDNER
By:
City Attorney
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