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Home My WebLink AboutItem VI (A) First Reading of Ordinance, Second Reading and Public Hearing Schedule for July 5, 1994, amending Ord No 94-21, relating to building construction and conditions requiring manufacturers product certifications AGENDA 6-21-94 "CENTER OF GOOD LIVING- PRIDE OF WEST ORANGE" Item VI A 2 OCOe C(PTE1. CITY OF OCOEE RUSTY OIO ON150 N.LAKESHORE DRIVE PAUL W.FOSTER OCOEE FLORIDA 34761-2258 VERN COMBS ( 656-2322 JIM GLEASON rFap Of G 00V CITY MANAGER ELLIS SHAPIRO STAFF REPORT TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS FROM: DONALD W. FLIPPEN, BUILDING AND ZONING DIRECTOR �• DATE: JUNE 16, 1994 SUBJECT: REGULATION OF EXTERIOR SIDING ISSUE Should the Honorable Mayor and Board of City Commissioners approve the attached ordinance, which amends Article I of Chapter 51 of the Code of Ordinances, by creating a new Section 51-12 .2 that will require contractors to provide on-site manufacturer's certification as to the product installation? BACKGROUND/DISCUSSION The Building and Zoning Department has received numerous complaints regarding substandard performance and durability of "press-board" exterior siding. Subsequent to numerous field investigations, it was determined that a major problem existed. It was determined that no single explanation accounted for the observed problems but they were the result of materials failure, poor craftsmanship, and failure to follow the manufacturer's installation and specification instructions. The net result is that the homeowners have difficulty in obtaining relief due to the difficulty of establishing fault. The present proposal will require the product to be installed in accordance with the manufacturer's specification and that at the time of final inspection, that the Building and Zoning Director be delivered a certification by the manufacturer verifying that the product has been installed in strict accordance with the manufacturer's specifications and that no warranties of the product have been voided. RECOMMENDATION The Building and Zoning Department Staff recommends that the Honorable Mayor and Board of City Commissioners approve the attached amendment to Chapter 51 of the Code of Ordinances. DWF/sas/159 (1t 1) ORDINANCE NO. 94- 21 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING ARTICLE I OF CHAPTER 51 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO BUILDING CONSTRUCTION BY CREATING A NEW SECTION 51-12.2 RELATING TO CONDITIONS REQUIRING MANUFACTURER ' S PRODUCT CERTIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Ocoee from time-to-time receives complaints regarding the improper installation of particular products; and WHEREAS, the City Commission of the City of Ocoee desires to establish a procedure for quickly responding to citizen complaints regarding improper installation of particular products. NOW, THEREFORE, BEING ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. 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. A new Section 51-12 .2 of Article I of Chapter 51 of the Code of Ordinances of the City of Ocoee is hereby adopted and shall read as follows: SECTION 51-12 .2 Conditions requiring manufacturer's product certification. Whenever the Building Official receives complaints or other information which indicates that, in the opinion of the Building Official, a particular product is not being installed on a consistent basis in accordance with the manufacturer's specifications, then the Building Official may, in his discretion, issue an order which requires the following with respect to the product which is the subject of the complaint: 1. The product must be installed in strict accordance with the manufacturer's specifications, a copy of which shall be at the jobsite during inspection. 2 . At the time of final inspection, delivery to the Building Official of a certification, signed by a representative of the product manufacturer, that an independent inspection of the installed product in question has been undertaken and that the product has been installed in strict accordance with the manufacturer's specifications and that no warranties with respect to the product have been voided. 3 . A copy of the product manufacturer's maintenance instructions and product warranty information shall be in the building at the time of final inspection. The decision of the Building Official as set forth above may be appealed to the City Commission by filing a notice of appeal with the City Clerk. The decision of the City Commission on such appeal shall be final. 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. PASSED AND ADOPTED this day of , 1994 . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED June 23 , 1994 READ FIRST TIME June 21 , 1994 READ SECOND TIME AND ADOPTED , 1994 , UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1994. FOLEY & LARDNER By: City Attorney C:\WPS I\DOCS\OCOEISIDORD.216/15/941 DEBBIEH I PER:dh I r FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801 TELEPHONE 14071 423-7656 FACSIMILE 14071 648-1743 TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN JACKSONVILLE. FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN TALLAHASSEE, FLORIDA WASHINGTON. D.C. WEST PALM BEACH, FLORIDA ORLANDO. FL. 32802-2193 ANNAPOLIS, MARYLAND CHICAGO, ILLINOIS MEMORANDUM TO: Don Flippen, Building and Zoning Director FROM: Paul E. Rosenthal, Esq. , City Attorney /24iDATE: June 15, 1994 RE: Regulation of Exterior Hardboard Siding Per your memorandum of June 13 , 1994, please find enclosed a revised draft of the proposed ordinance which would allow for the regulation of exterior hardboard siding and other products with respect to which you received complaints or other information indicating that, in your opinion, the product is not being installed on a consistent basis in accordance with the manufacturer's specifications. I would suggest that you indicate in your report to the City Commission whether or not you intend to issue an order designating exterior hardboard siding as a product which will be subject to the regulations set forth in the proposed ordinance. If the proposed ordinance is acceptable, please proceed to have it placed on the agenda for the next City Commission meeting. PER:dh Enclosure C:\WP5I\DOCS\OCOE\MEMOS\PERDDHO6.152DOCS 16/15/941 DEBBIEH I PER:dh