HomeMy WebLinkAboutItem VI (C) Discussion re: Generic Ordinance on Siding AGENDA 3-15-94
Item VI C
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
Via Hand Delivery
TO: Ellis Shapiro, City Manager
FROM: Paul E. Rosenthal, Esq. , City Attorney (le444/V
DATE: March 10, 1994
RE: Siding
Attached hereto is a memorandum regarding siding to be placed
in the March 15, 1994 City Commission Agenda.
C:\WP5I\DOCS\OCOE\MEMOSPERDDHO3.l I 1 13/10/941 DEBBIEH I PER:ddh
FOLEY & LARDNER
III NORTH ORANGE AVENUE, SUITE 1800
ORLANDO, FLORIDA 32801
TELEPHONE (407) 423-7656
FACSIMILE 1407) 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: The Honorable Mayor and City Commissioners
of the City of Ocoee
FROM: Paul E. Rosenthal, Esq. , City Attorney K4Ws
DATE: March 10, 1994
RE: Regulation of Siding Products and Materials
This memorandum is in response to your request that I advise
you whether or not the City may lawfully adopt a "generic"
ordinance which would prohibit the use of certain types of siding
materials on buildings within the City. In researching this issue
we have looked at applicable law and discussed with City staff the
feasibility of developing a "generic" description to include in an
ordinance. Based upon this research and discussions, it is our
opinion, that, at this time, the City is not in a position to
lawfully adopt a generic ordinance banning specific types of siding
materials.
The City has previously adopted the Standard Building Codes
pursuant to the provisions of Section 51-9 of the Ocoee City Code.
As Mr. Flippen has indicated to you, the siding discussed at the
February 15, 1994 City Commission meeting is permitted under the
Standard Building Codes. Section 553 .73 (3) , Florida Statutes,
restricts the home rule authority of the City to adopt building
construction regulations more stringent than the requirements
specified in the Standard Building Codes. In order to adopt more
stringent standards, the City Commission would be required to
determine that there is a need to strengthen the requirements of
the Standard Building Codes "based upon demonstrations by the City
Commission that local conditions justify more stringent
requirements than those specified therein, for the protection of
life and property" . Additionally, any such additional requirements
cannot be "discriminatory against materials, products or
construction techniques of demonstrated capabilities" .
The Honorable Mayor and City
Commissioners of the City of Ocoee
March 10, 1994
Page 2
In our opinion, any ordinance attempting to ban the inner-seal
siding manufactured by Louisiana Pacific Corporation would be
contrary to the provisions of Section 553 . 73 (3) , Florida Statutes.
Additionally, Mr. Flippen has advised me that he does not believe
that we can write a "generic" description which would meet the
requirements of Florida Statutes. Also, the risk of any such
attempt at a "generic" description would be that siding materials
viewed favorably by the City and its residents might also be
banned. Accordingly, it is also our opinion that, at this time,
the City does not have and is not in a position to develop the
information required by Florida Statutes in connection with the
adoption of siding regulations more stringent than set forth in the
Standard Building Codes.
Notwithstanding the above, the City staff is continuing to
look for alternative solutions. Mr. Flippen is initiating a
general inquiry in the Florida League of Cities Datagram and a
periodic publication distributed to building officials in the State
of Florida. Given the widespread concerns regarding certain types
of siding material, it may be that other cities have addressed this
problem and reached a solution consistent with the requirements of
the Florida Statutes.
If I can provide you with any further information, please let
me know.
PER:ddh
cc: Mr. Ellis Shapiro, City Manager
Mr. Don Flippen, Building Official
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