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VI (B) Establishment of Building and Development Study Commission AGENDA 12-19-95 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item VI B Ocoee \ O(4" \O COMMISSIONERS • `.. RUSTY JOHNSON li n CITY OF OCOEE SCOTT ANDERSON 150 N.LAKESHORE DRIVE SCOTT A.GLASS JIM GLEASON l44 OCOEE,FLORIDA 34761-2258 (44y •%� (407)656-2322 CITY MANAGER pf Gp0 N` ELLIS SHAPIRO MEMORANDUM TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS FROM: D.W. FLIPPEN, BUILDING AND ZONING DIRECTOR ,Qj . DATE: DECEMBER 14, 1995 SUBJECT: PROPOSAL BY MAYOR VANDERGRIFT TO CREATE AN OCOEE BUILDING AND DEVELOPMENT STUDY COMMITTEE ISSUE Should the Honorable Mayor and Board of City Commissioners direct the City Staff to proceed with the preparation and adoption of a City Ordinance that would create a Building and Development Study Committee. BACKGROUND/DISCUSSION Mayor Vandergrift has submitted a second draft of a proposal to create a Building and Development Study Committee. Contained in this draft, the Mayor describes problems that he is aware of pertaining to the quality and craftsmanship of new homes built in the City of Ocoee during the past decade. In my capacity as Building Official for the City of Ocoee, I offer the following comments to Mayor Vandergrift's issues: ISSUE - PLUMBING LEAKS The plumbing industry has been experiencing a problem with water line piping failure (leaks) for at least 15 years. As the Mayor stated, there is no apparent consensus as to the course or remedy for this problem. A solution to this situation is being worked on by the plumbing materials manufacturers and numerous testing laboratories. One manufacturer of water piping did have a high rate of failure of water piping connectors and fittings. These connectors and fittings were approved by a nationally recognized testing laboratory and accepted by the Southern Building Code Congress and the Dade County Products and Compliance Committee. These connectors and fittings are no longer manufactured or used. I do not see how the creation of an additional City Board could prevent this type of issue. Staff Report December 14, 1995 Page 2 ISSUE - DRAINAGE AND FLOODING See attached comments from Mr. Jim Shira, City Engineer. ISSUE - STRUCTURAL QUESTIONS Wafer boards are not approved for roof sheathing. Wafer boards are not used in the City of Ocoee for roof sheathing. Particle board is an approved sheathing material. Particle board siding which is also known as O.S.B. board is approved for siding if the siding board manufacturer has an approved compliance report from the Southern Building Code Congress Inc. Particle board could be laminated with an outside layer of wood. However, this would be a costly procedure. Wavy roof lines are normally due to workmanship and are not a sign of structural weakness. All residential buildings are designed and constructed to withstand 100 mile per hour hurricane force winds. The addition of interior wall straps on interior non-load bearing walls would not add to the structure stability of the building. If interior wall straps were required, the interior wall would then be required to somehow be anchored to the building foundation. This would be a costly requirement with no apparent benefits. All structural wood members are required to be nailed in accordance with Table 1705. 1 of the Standard Building Code. This table does not permit headless nails. I assume Mayor Vandergrift is referring to finish nails as headless nails. Finish nails are approved for the attachment of non-load bearing wood members such as facia boards, base boards, door casings and trim boards. Windows are storm rated at 100 m.p.h. wind loads. Sprinkler systems (fire) - this would be a nice but expensive feature. Conduit for electrical wiring in residences. The National Electrical Code does not require conduit in commercial or residential buildings. I do not know of any safety feature to be gained by the use of conduit in residential buildings. This would be a costly requirement. The use of treated wood on exterior walls would help prevent termite damage. However, treated wood is very costly and would add to the cost of a house. Staff Report December 14, 1995 Page 3 ISSUE - PEST CONTROL Termite shields have not been found to be an effective deterant to termites. Termite treatment of homes should be more stringent. Termite damage is a nation wide problem. The State of Florida Home Builders Association, Florida Pest Control Association, Florida Department of Agriculture, Consumer Services and the Florida Building Officials Association are working on this problem with the intent of adding more restrictive termite treatment requirements to the Standard Building Codes. All homeowners are not aware that it is one of their responsibility to keep their residence properly treated for the prevention of termites on a regular basis and properly maintain the structure by keeping all construction joints caulked and painted. Also, landscaping materials should not be in contact with exterior walls. The best defense against termites is for homeowners to have their homes inspected by a Certified Control Company on a yearly basis and follow their recommendations. The burying of construction debris on site is prohibited in the City of Ocoee, there are occasions when wood materials are unintentionally buried. In order to prevent the unintentional burying of wood materials on site, an inspector would be required to make daily inspections of each construction project in the City which would require the hiring of additional inspectors. ISSUE - CRAFTSMANSHIP (WORKMANSHIP) Section 101.2 .2 of our Standard Building Code states: Quality Control. Quality control of materials and workmanship is not within the purview of this Code except as it relates to the purposes stated herein. Every recognized Building Code that I am aware of provides a clause similar to the above stated section of our Building Code. This is due to being unable to effectively define workmanship. Some inspectors are perfectionists and some are not. There is a wide variance of what good workmanship is. The enforcement of good workmanship on the building trades would result in many disputs and eventual lawsuits. I am fully aware of the unfortunate problem Mayor Vandergrift has experienced with his residence. Mr. Vandergrift's residence was constructed in 1988. At that time, the building industry was not aware of the problems with siding failure and large scale termite damage. As you are aware, the City of Ocoee adopted an ordinance Staff Report December 14, 1995 Page 4 that provides a means for controlling the use of all building materials including siding. The City has also increased our inspection staff. All inspection staff members are now required to be certified by the State of Florida Department of Business and Professional Regulations within their respective inspection field. We are also required to take a minimum of fourteen ( 14) hours of continual educational classes per year to maintain our state certifications. RECOMMENDATION The Protective Inspection Staff respectfully recommends not to create a City of Ocoee Building and Development Study Committee. This recommendation is based on the information contained in this report, the attached letter dated December 12, 1995 from Chris Peterson, President of the Home Builders Association of Mid-Florida and the attached letter dated December 8, 1995 from Roland Holt, Building Official of St. Johns County, Florida. The creation of this proposed board would only duplicate the processes that are now covered by the construction industry as a whole and would also require a great amount of Staff time and the expenditure of City funds. DWF/sas/706 • •ee I. 01 o t tiil ! *vO r�4 © `?O Olt coo° JAMES W. SH RA,P.E. CITY ENGINEER/UTILITIES DIRECTOR 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 PHONE(407)656-2322 EXT. 142•FAX(407)656-7835 MEMORANDUM To: Honorable Mayor and City Commissioners From: James W. Shira, P.E. City Engineer/Utilities Directo Re: Mayor Vandergrift's Proposal to Create an Ocoee Building & Development Commission Date: December 13, 1995 The purpose of this report is to address several issues regarding drainage that were raised in Mayor Vandergrift's December 5, 1995 second draft of his proposal. The Mayor correctly notes that the City of Ocoee is by no means alone in having to deal with record rainfall over the past two years. As he says, flooding can be terribly destructive, and cause misery for those affected, and for those who labor to find ways to prevent recurrences of these events. We have been fortunate, since we have had no loss of life, no serious injury, and only a few instances of property damage, despite these record rains. Given this real world test, I believe that we have done an admirable job of alleviating as much of the problem as possible. The thirty year period referred to by the Mayor includes an era when stormwater management was considered to be moving rainfall runoff as quickly as possible from a developed area to "somewhere else". In many cases, this has, in fact, resulted in lakes that are heavily silted , and well on their way to becoming dead lakes. To blame this on "engineering theory" though, is in my opinion, a bit simplistic. Much of the "pollution" that we find in our lakes today is a direct result of our desire for green lawns. As we fertilize our grass, we also fertilize our lakes every time a storm washes excess fertilizer into the lakes. This fertilizer causes algae to thrive, which in turn causes dissolved oxygen levels to decline, making the lakes murky and inhospitable for native fish. 7 THE PRIDE OF WEST ORANGE F The "move the runoff to the lake" mentality, as well as our desire for green grass are not engineering theories. Engineers did create subdivisions that drained directly to lakes, but for the time, those designs were perfectly acceptable. All disciplines evolve. Most modern doctors and dentists would not dream of performing medical procedures with only the tools available in the 1960's, but in the 1960's, those tools, and the practices and procedures that accompanied them were perfectly acceptable. As with any endeavor, there is room in our stormwater management record for improvement. We know that in order to best solve a problem, a definitive description of the exact nature and limits of the problem is required. With such a description, rather than just a few offhand statements about the problem, we can devise a rational, cost effective solution. We have contracted with an engineering firm to provide a comprehensive analysis of each of Ocoee's sixteen individual drainage sub-basins. This analysis involves data collection, mapping of facilities, field examination of existing pipes, structures and ditches, as well as preparation of plans and specifications for proposed capital improvements and an analysis of potential funding methods. This process can be completed in one of two ways...quickly, or correctly. We have chosen to complete these studies correctly, taking the time necessary to make certain that the proposed improvements are adequate for the present, as well as the foreseeable future. In this way, we believe that we are indeed taking " adequate measures...to alleviate as much of the problem as possible." The engineering firm we have chosen is part of a large professional community made up of engineers, architects, developers, and contractors. I am not sure that the Mayor's proposed commission would provide insight that is not already available to the City and its consultants in this matter. Today's general practice of installing stormwater retention ponds is in response to the past practice of dumping runoff"somewhere else". Retention ponds perform two important functions. First, they allow stormwater to seep back into the ground in several widely spaced locations, rather than routing all of the runoff to a single water body. This improves our groundwater recharge potential, which is vitally important if we are not to fall victim to drought conditions. Second, retention ponds tend to capture fertilizers from lawns, oil and grease from pavement, and litter before these are carried to our lakes. The ponds are important for the biological and aesthetic health of our lakes. A cursory examination of any of the ponds in the area designed as wet ponds will reveal that most harbor a healthy community of wetland trees and shrubs. This natural growth occurs over time, and further helps to filter nutrients from stormwater runoff prior to its discharge into lakes and streams. The Mayor asks why ponds cannot be gently sloped and unfenced. While such a design would be possible in almost every case, and would unquestionably result in more aesthetically pleasing ponds, the land area required would greatly reduce the number of buildable lots in a subdivision. I believe that if the City adopted a requirement that pond slopes be gentle enough that fences were unnecessary for liability protection, several of the members of the proposed Building and Development Study Commission would protest vehemently. Rather than enact a commission to study this issue, why not simply request the next developer who comes before you to redesign his or her project to include gently sloped, unfenced ponds. I believe you will get a clear response from the developer on what such a request does to the viability of the project, or to the cost of the homes in it. Regarding swale drainage versus closed conduit drainage, the question of which is better, is of course, always going to be open to debate. I think the issue here is not so much the type of roadway drainage chosen, but its effectiveness in protecting the roadway from deterioration. No one will disagree that we have many roads in Ocoee that need a great deal of improvement. We have identified many of these areas, and they were discussed with you during the work session on December 14. Making these improvements is primarily a matter of funding. Prior to that work session, you may have heard some figures tossed out regarding the cost of roadside underdrains. I heard figures as low as $3.00 per foot. These figures were quoted by people who were not knowledgeable about the subject, and as you heard in the work session, were vastly understated. I am very concerned that a commission made up of as many different voices as the Mayor proposes, would have a hard time reaching agreement, and may more often than not, reach conclusions based on incomplete information. Using the example of the underdrains, this could lead to expectations that are impossible to meet. C:lmsofficelwinworaetterslmayvan 42)001 Post-it•Fax Note 7671 001e /.7�,a74436. .� 7o �, ', + •• i `=MRS camew.on, 1 • w. • t--i n T! 'prone r -F '17 ri Fur — ax. - Building The New Future - Deoeanber 12, 1995 The Honorable Scott Vandergrift 150 N.Lakeshore Drive Ococc,Florida 34761-2322 Dear Mayor Vandagiift; At die December 7, 1995 Govcsamental Affairs meeting of the dome Builders Association of Mid-Florida (HBA), it was brought to my attention that you have voiced sane concerts with ehc quality of materials and crafinnanshici of hon.s being built in Ocoee. As President of the HBA of Mid-Florida,I wanted to take the time to write and personally respond to your idea of developing a'Building and Develop nri t Study Commission'to comae the aurae construction practices and building cocks within the City. Your draft proposal lists what you fed are problems with sonic of the hones being built in Ocoee(e.g.plumbing leaks,drainage and flooding,sanicturai questions and pest cold). Phrase Ict Inc take a mimute to address each of your camexrts specifically. 1. Plumbing leaks- The problems that have occurred with both copper and plastic plumbing materials arc not unique to the city of Ocoee. As your draft stated, this is a nationwide issue. Manufactwrms of plumbing materials across the country are a rruily spending mini=of dollars in relent testing labs to devvdop a product that will alleviate existing kala and avoid accpagc in the future. 2.Drainage and flooding- If drainage and flooding problems exist within the City,and them are problems with standing water in the streets,these types of issues should be addressed and resolved by the city meet Wore each area of new development is approved. What recommendations could a voluntar eitiams group possibly offer to help resolve what a city's state certified aigi nee r has already approved? 3. Structural questions- As you arc aware,builders who arc licensed in the state of Florida arc required to build to the Southern Standard Building Code. Each local gov newatt has its own inspection process, with certified insp xtors.to detcrmioe if the structures being built meet the code. In addition,every Building Official who is a mcmbcr of the Southern Building Code Congress International (SBCCI) has the ability to amend, through the code change process.sections in the code they End axe lax. It is nay understanding that the city of Ocoee presently has an ordinance that can require a manufacturer's product certification whenever the Building Official receives a complaint that a particular product is not being installed, 'on a consistent basis in accordance with the manufacturer's specifications". This ordinance already provides a solution if you are addressing poor craftsmanship in the installation ofa specific building product 544 Mayo Avenue • Maitland, Florida 32751 • (407) 629-9242 • FAX (407) 539-2013 1:'.--12/ 357 11.31/4. 002 Letter to The Honorable Scott Vandergrift Dna nber 12, 1995 Page 2 4. Pest Control- In respell=to reports about the rise of termite damage in Florida and concerns about the effectiveness and quality of prowostnxtion termite tr+camuent,the Florida Igpsla are authorized the appointment of a committee to study current treatment practices fir subterranean termites. This coin mitico, composed of n+embers of the pest control industry, aadauics, a general contractor and an architect will be making their recommendations for amending eunent law and for improving instruction practices to prevent termite infrstttion in the future. Is it prudent for the City of Ocoee to spend its citizens'dollars to duplicate what is already being fielded and researched by the State? In closing„ let me poet out that the proposed Building and Development Study Commission will require a considerable amount of the city's resources. These resources could be awarded mom productively in other areas since there would be a duplication of efforts already being put loath on the issues identified. Additionally,the city would expose itsdito t uneadous liability from approving specific building products for its citiaeas,and federal restriction of free trade law suits that may follow. Tim Stratton mentioned in the Orlando Sentinel that Dade and Broward counties have created some stricter codes for building in those areas. Please note that these counties do not build to the specifications in die Southall Standard Building Code,they have spam million of dollars funding and developing the South Florida Building Code. The point to be made here is that even with their modified code, South Florida still expaiences problems with termites,plumbing product failures and improper application and fou afbuilding materials. Thank you for taking the time to and my comments. Unfortunately, I have:a prior commitment and will be enable to attend die oaarumission meeting on December 19 when this issue will be discussed. Uwe asked Jan Hall,HBA of Mid-Florida's Govenenental Affairs Associate Director to attend the public hearing to addrais any (mations that may arise. Most y.,.. Chis Peterson Fluid=HBA of Mid-Florida ez City Commissioners: Scat Anderson Rusty Johnson Scott Glass Jim Gleason Ellis Shapiro,City Manager Dan Flippen,Building and Zoning Director -f o a 40;".,46:1.-0:: sacc. vi NU1LDING & CODES DEPT . TEL No .904-323-2597 Dec 8 .95 17 :55 No .044 P .vi ST. JOEiNS COUNTY, FLORIDA Bound of County Commissioners vi'♦ rfifillS.It A.aaJwo Nat'.an O 4 e)X11.76Dream CAM%iCis fANTAUOINT1NE.f AIOA FAx: omi e:J•1Sxest•e ee _it 1 - •ATE: December 8, 1995 ��• :Abse 10= Assisting 4 Interested Parties ?Roam: Roland colt OvOCY RS= *Update on Raising Florida Building Codes *To Increase Protection Against Termites Thursday 12/07/95, an arrangeaeat was verbally reached under which Florida Boas Aollders Association may move into a leadership position, in cooperation with Flora.da Past Control Association, Det of Ag and Consumer Services and Florida Building Officials Association. Details must be endorsed by rash Board of Directors. The arrangement in outlines A. Creates a nine person Termite Code Committee including two from !WA, DACA, SOAP, Mk (one to be chair) plus one person from DCA. B. Assigns that committee the task of starting from the SJC ordinance and modifying it to work in all code jurisdictions. C. Adds a reguireAent for the building permit holder to deliver termite protection and annual inspection info to buyer at closing so he can retain a copy signed by the . buyer accepting the into. Such info may include warnings that Owner digging etc . can destroy Pretreatment and therefore warranty. D. DACA bill to legislature can be vehicle for FS 553 change to emperor Codes i standards Coaaittee of DCA to raise stats building cede requirements on termite protection by rule adopting the regulations resulting from the nine person termite code community only. B. FBBA will also inform and recruit state mortgage bankers into involvement. F. Brick veneer over frame is still a concern. Thanks to all. It's a great group gift for this season of Joy. ARa/yrst Pbel4rMatible mit °" lam' Post4r brand lax transmittal memo 7671 r of puss e, From Co. r�,_, i v%�� Phan*It Far 4/6 74 ,g�9e Tye