VII(B) Reconsideration of Settlement Agreement with Colony Plaza Condominium Association, Inc. AgendaI10-21-2003
em
Mayor Center of Good Lip Commissioners VII B
S. Scott Vandergrift b � " Danny Howell, District 1
Scott Anderson, District 2
City Manager Rusty Johnson, District 3
Jim Gleason s °" Nancy J. Parker, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Jim Gleason, City Manager
DATE: October 15, 2003
RE: Settlement Agreement Colony Plaza July 1, 2003
ISSUE
The City Commission approved a"Settlement Agreement"with the Colony Plaza Condominium
Association, Inc., at the July 1, 2003 City Commission Meeting. The Receiver appointed by the
court has not executed the agreement.
BACKGROUND/DISCUSSION
The agreement was approved with the understanding the Court Appointed Receiver would
execute the agreement and meet certain timelines in order for the Colony Plaza to brought within
code compliance and could be reopened. The commission approved the agreement July 1, 2003;
we have not received a signed agreement from Colony Plaza Condominium Association and they
will not be able to meet the deadlines in the approved agreement.
RECOMMENDATION
Staff recommends the City Commission approve to rescind the agreement approved July 1, 2003,
and authorize staff to pursue all Code Enforcement avenues to enforce our fines and bring the
property into compliance and authorize any legal action required to resolve this matter in the best
economic interest of the City of Ocoee.
Cco90d3
SETTLEMENT AGREEMENT
(Colony Plaza)
THIS SETTLEMENT AGREEMENT ("this Agreement") is made and entered into as
of the 1st day of July, 2003 ("Effective Date") by and between COLONY PLAZA
CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation whose mailing
address is do John W. Holdsworth, 5930 Frond Way, Apollo Beach, FL 33572, (hereinafter
referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal corporation, whose
mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager
(hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the Owner is a condominium association that owns the common elements
of the improvements located at 11100 W. Colonial Blvd., Ocoee, Florida consisting of two
primary structures of seven stories (the "North Tower" and the "South Tower") located on
property within the corporate limits of the City of Ocoee, as more particularly described in the
attached Exhibit "A" together with easements across certain underlying and adjacent property
retained by the developer of the condominium all as more particularly described on the attached
composite Exhibit "A" and by this reference made a part hereof(collectively the"Condominium
Property"); and
WHEREAS, for the purposes of this Agreement, the Condominium Property includes
those lands identified under Tax Parcel No. 30-22-28-0000-00-020; and
WHEREAS, the Owner has been cited with certain code violations by the City as more
particularly described in the Statement of Violations in Case No. 02-009 and Case No. 02-011,
(the"Code Violations"); and
WHEREAS, the Orders Imposing Fines and Liens have been entered against the Owner
in Case No. 02-009 and Case No. 02-011 which sets forth the code violations existing on the date
of said Orders, copies of which are attached as composite Exhibit "B" and by this reference
made a part hereof(the "Orders");
WHEREAS, a certified copy of the Order Imposing Fine and Lien in Case No. 02-009
was recorded on May 2, 2002 in Official Records Book 6515, Page 3917, Public Records of
Orange County, Florida and a certified copy of the Order Imposing Fine and Lien in Case No. 02-
011 was recorded on May 2, 2002 in Official Records Book 6515, Page 3921, Public Records of
Orange County, Florida; and
WHEREAS, on February 14, 2003, representatives of the City conducted a walk-through
of portions of the Condominium which resulted in the preparation of a Memorandum dated
February 21, 2003 from Jim Washington, Building Official, to John Holdsworth, as
representative of the Owner, a copy of which is attached hereto as Exhibit "C" and by this
reference made a part hereof(the"Building Official Memorandum"); and
SAR:111306:1
006.300252.3
WHEREAS, the City has prepared a list identifying certain site issues with respect to the
Condominium Property, a copy of which is attached hereto as Exhibit "D" and by this reference
made a part hereof(the "Site Issues List); and
WHEREAS, the Orders provided for daily fines for each day from the date set for
compliance to the date of correction of the Code Violations and written notice to the City that
such correction has occurred (collectively, the"Fines"); and
WHEREAS, as of June 18, 2003, the Code Violations remained uncorrected and the
Fines impose pursuant to the Orders totaled $2,829,100.00; and
WHEREAS, pursuant to Section 162.09(3), Florida Statutes, the Owner has requested
that the City Commission of the City of Ocoee execute a satisfaction and release of the Fines and
the lien against the Condominium Property which has arisen as a result of the recording of the
Orders (the"Lien"); and
WHEREAS, subject to the terms and conditions set forth herein, the Owner and the City
have agreed to resolve the Code Violations and the Fines imposed pursuant to the Orders and the
City has agreed to execute a satisfaction and release of the Fines and the Lien arising out of the
recording of the Orders.
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
Section 1. Recitals. The above recitals are true and correct and incorporated herein
by this reference.
Section 2. Owner's Action to Cure Code Violations.
A. The Owner hereby agrees to (i) correct the Code Violations, (ii) correct
those matters identified in the Building Official Memorandum to the extent not listed in the Code
Violations, and (iii) complete the site improvements and other matters identified in the Site
Issues List (collectively, the "Corrective Actions"). The Owner hereby further agrees to retain an
architect or other professionals to prepare such plans and other documents as may be needed in
order to successfully complete the Corrective Actions (collectively, the "Plans"). The Owner
shall submit the Plans to the City for review and approval and apply for all applicable building
and other permits necessary in order to complete the work identified in the Plans (collectively,
the "Permits"). The City will process and review the Plans in accordance with its normal
procedures applicable thereto. The City expressly reserves the right to make such comments on
the Plans as may be determined to be necessary by the City in order to implement the Corrective
Actions and in order to ensure the Corrective Actions or other improvements undertaken by the
Owner comply with applicable provisions of the City Code, including the City Land
Development Code. Nothing contained herein shall be construed to obligate the City to approve
the Plans unless the City determines that the Plans comply with the requirements of this
Agreement and all applicable laws, ordinances, rules and regulations. To the extent the Plans
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006.300252.3
comply with the foregoing and all appropriate fees have been paid, the City shall issue
appropriate permits and approvals to the Owner in order to proceed with the Corrective Actions
(the"City Permits and Approvals").
B. The Owner hereby agrees to (i) undertake improvements to the
Condominium Property in accordance with the approved Plans and Permits, (ii) undertake the
improvements to the Condominium Property, if any, in accordance with any Permits issued by
other governmental entities, and (iii) undertake reasonable measures to correct any other
conditions of the buildings on the Condominium Property discovered during normal inspections
of the same so as to bring such conditions into compliance with the applicable provisions of the
building codes that were in effect at the time of the improvements were originally constructed
(i.e. the building code for the City in effect in 1968 as to the South Tower and 1973 as to the
North Tower).
Section 3. Payment to City.
A. Prior to the issuance of any building permits for the Corrective Actions,
the Owner shall pay to the City the sum of$140,000.00 (the "Settlement Amount"). The City
shall use the Settlement Amount to pay past due payments owed by the Owner to the Ocoee
Police Department for extra duty security in the approximate amount of$30,000.00. The balance
of the Settlement Amount is intended to reimburse the City for expenses incurred in connection
with the Condominium from the date of the Code Violations through June 30, 2003, including,
but not limited to, man hours incurred by the City's fire, police, building and planning
departments and legal fees incurred with the City Attorney. The Settlement Amount is a
negotiated amount and the Owner shall not be entitled to an accounting with respect thereto and
the City may use such funds for such purposes as may be determined by the City in its discretion.
B. The Owner shall be responsible for the timely payment of all application
fees, permit fees, building fees, inspection fees, and other fees and charges normally imposed by
the City or otherwise required by the City Code. The Settlement Amount shall not be applied to
any such fees and charges.
C. The Owner shall be responsible for the payment of all "Review Costs",
including attorneys' fees and costs, incurred by the City after July 1, 2003, which costs are not
included in the Settlement Amount. In connection therewith, at the time of submittal of the
Plans, the Owner shall deliver to the City a"Review Deposit" in the amount of$10,000.00. The
Owner acknowledges that the provisions of Section 1-12, of the City's Land Development Code
regarding Development Review Fees are applicable to the Condominium Property, the review of
the Plans, and any other activities undertaken by the City in the implementation of this
Agreement.
Section 4. Satisfaction and Release of Lien. Pursuant to Section 162.09(3), Florida
Statutes, the City agrees to waive the Fines imposed pursuant to the Orders and to execute a
satisfaction and release any Liens imposed against the Owner or the Condominium Property as a
result of the Orders, such waiver, satisfaction and release to occur if any only if the following
conditions are satisfied: (i) completion by Owner of the applicable terms and conditions of
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006.300252.3
Section 2 above, (ii) payment to the City of the Settlement Amount, (iii) issuance by the City of
new certificates of occupancy for the North Tower and the South Tower, and (iv) issuance by the
City of a Certificate of Completion for the site improvements call for by the Plans. Nothing
contained herein shall be construed to obligate the City to waive or release the Fines except as
aforesaid.
Section 5. Redevelopment of Site. This Agreement is intended to address matters
necessary to obtain the release of the Fines and Lien and is not intended to be a waiver from any
requirements of the City Code, including the City Land Development Code, or to address any
matters related to any future redevelopment of the Condominium Property. Neither is this
Agreement intended to impose any obligations upon the Owner except as specifically set forth
herein.
Section 6. Representations of Owner. The Owner hereby warrants and represents
to the City as follows:
(a) That John W. Holdsworth is the duly appointed receiver of the Owner.
(b) That John W. Holdsworth, as receiver, has been duly authorized to execute
this Agreement on behalf of the Owner and that this Agreement constitutes a legally
binding enforceable obligation of the Owner.
(c) That the Declarations of Condominium for the Condominium Property
provides that each unit in the Condominium shall be used only for transient, residential
purposes and may not be utilized as the unit owner's homestead.
(d) That the Owner and the Condominium are not subject to the Fair Housing
Act.
Section 7. Financing Contingency. As of the date of this Agreement the Owner has
not secured the financing needed to prepare the Plans, implement the Corrective Actions and pay
the Settlement Amount to the City. Accordingly, the obligations of the Owner and City under
this Agreement are conditioned upon the Owner obtaining such financing on such terms and
conditions as may be determined by the Owner in its discretion (the "Financing"). The Owner
shall give written notice to the City at such time as it obtains the Financing. In the event the
Owner does not obtain the Financing and give notice thereof to the City by March 1, 2004, then
this Agreement shall be deemed to be terminated and of no further force and effect and the Fines
and Lien shall remain in full force and effect.
Section 8. Submittal of Plans and Obtaining of Permits; Timely Completion.
A. The City has been induced to enter into this Agreement based on
representations of the Owner that it intends to proceed in a timely manner to obtain the
Financing, complete the Plans, obtain the necessary Permits, and undertake the Corrective
Actions. In the event the Owner fails to submit the Plans to the City by December 1, 200,3 or
fails to obtain the Permits within thirty (30) days after Owner is notified by the City that the
Permits are ready for issuance, or fails to commence the Corrective Actions pursuant to the
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006.300252.3
Permits within sixty (60) days of receipt of the Permits, or fails to complete the Corrective
Action by December 31, 2004, then in any of such events the City shall be relieved of its
obligations under Section 4 hereof to waive the Fines and release the Lien against the Owner or
the Condominium Property; provided, however, that the City shall only be released of such
obligations if it first gives written notice to Owner and Owner fails to complete the applicable
activity within thirty (30) days from the date of such notice.
B. Once the Owner has obtained the Permits, the Owner agrees to proceed in
a timely manner to obtain a Certificate of Occupancy for the North Tower and South Tower and
obtain a Certificate of Completion for site improvements called for by the approved Plans. In
connection with the submittal of the Plans the Owner shall propose a schedule for the completion
of the foregoing, which schedule may be a phased schedule calling for the opening of one of the
towers while corrective actions continue on the other tower.
Section 9. Notice to Lender. The City agrees to provide to the lender providing the
Financing a copy any notices delivered to Owner under this Agreement.
Section 10. Non-Waiver of Code. Nothing contained herein shall be construed to be
a waiver of any provision of the City Code or of any applicable laws, statutes, ordinances, rules
and regulations affecting the Condominium Property and the development thereof.
Section 11. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) when(1)hand delivered
to the other party at the address appearing on the first page of this Agreement, or(ii) when sent to
the other party by a recognized overnight delivery service for delivery on the next business day,
addressed to the party at the address appearing on the first page of this Agreement, or such other
person or address as the party shall have specified by written notice to the other party delivered in
accordance herewith.
Section 12. Applicable Law. This Agreement and the provisions contained herein
shall be construed, controlled, and interpreted according to the laws of the State of Florida.
Section 13. Time of the Essence. Time is hereby declared of the essence to the
lawful performance of the duties and obligations contained in this Agreement.
Section 14. Agreement; Amendment. This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understandings and
agreements, with respect to the subject matter hereof. Any amendment to, or waiver of, the
provisions of this Agreement shall be made by the parties in writing by formal amendment,
signed by the parties.
Section 15. Further Documentation. The parties agree that at any time following a
request therefor by the other party, each shall execute and deliver to the other party such further
documents and instruments, in form and substance reasonably necessary to confirm and/or
effectuate the obligations of either party hereunder.
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006.300252.3
Section 16. Specific Performance. Both the City and the Owner shall have the right
to enforce the terms and conditions of this Agreement by an action for specific performance.
Section 17. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original but all of which together shall
constitute one and the same instrument.
Section 18. Captions. Captions of the Sections and Subsections of this Agreement
are for convenience and reference only, and the words contained therein shall in no way be held
to explain, modify, amplify or aid in the interpretation, construction, or meaning of the
provisions of this Agreement.
Section 19. Severability. If any word, sentence, phrase, paragraph, provision, or
portion of this Agreement 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 hereof so long as
the purpose and intent of this Agreement can still be achieved.
[BALANCE OF PAGE IS INTENTIONALLY LEFT BLANK.]
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006.300252.3
IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be
executed by their duly authorized elected officials, partners, and/or officers as of the day and year
first above written.
Signed, sealed and delivered OWNER:
in the presence of:
COLONY PLAZA CONDOMINIUM
ASSOCIATION, INC.,
a Florida not for profit corporation
Print Name
By:
Print Name John W. Holdsworth, as Receiver
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared JOHN W.
HOLDSWORTH, as the Receiver of COLONY PLAZA CONDOMINIUM ASSOCIATION,
INC., a Florida not for profit corporation who [ 1 is personally known to me or [ 1
produced as identification, and that he acknowledged
executing the same on behalf of said corporation in the presence of two subscribing witnesses,
freely and voluntarily, for the uses and purposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2003.
Signature of Notary
Name of Notary(Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
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006.300252.3
CITY:
Signed, sealed and delivered
in the presence of: CITY OF OCOEE, FLORIDA
By:
Print Name: S. Scott Vandergrift,Mayor
Attest:
Print Name: Jean Grafton, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE,FLORIDA. COMMISSION AT A MEETING HELD ON
Approved as to form and legality this , 2003 UNDER AGENDA
day of ,2003. ITEM NO.
FOLEY& LARDNER
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared S. SCOTT
VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City
Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged
executing the same in the presence of two subscribing witnesses, freely and voluntarily under
authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2003.
Signature of Notary
Name of Notary(Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
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006.300252.3
I cCeN DESCRIPTION: (CONDOMINIUM BOUNDARY)
TWO SEPARATE PARCELS OF SPACE LOCATED IN THE NORTHEAST QUARTERE EAST. R�! THE CITY OF
OF
THE NORTH AST QUARTER OF SECTION 30. TOWNSHIP AS FOLLOWS:
OCOE'E. ORANGE COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED
• • ALL OF THE LANG. AR, AND SPACE THAT IS VERTICALLY LOCATED
BET A INORIli
BETWEEN E UNFINISHED FIRST FLOOR ELEVATION OF 124.85 AND THE TOP OF THE ELEVATOR
SHAFT
ELEVATION OF 193.00 AND HORIZONTALLY LOCATED WITHIN THE FOLLOWING DESCRIBED UN
THE
A QUASOUTHWEST RTER OFSECTION�30. TOWNSHIP 22 SOUTH. RANGE 28 EAST;OF THE NORTHEAST QUARTER OF THE NNEW ORTHEAST WARIER OF
THE NORTHEAST
N0020'001/. ALONG THE WEST UNE OF SAID NORTHEAST QUARTER OF THE NORTHEAST WARIER
OF THE NORTHEAST QUARTER OF SAID SECTION 30. A DIS AN EE CORNEROF 295.37
FEET;
TH :
N89'40'00'E A DISTANCE OF 77.31 FEET TO THE WESTERN7 1LIFINHESN
ORTH TOWER
THENCE RUN S4521'40'E A DISTANCE OF'86.33 FEET TO THE P),.,(
THENCE RUN NTSTHENCE A DISTANCE OF 88.33 FEET;RUN 545'21'12'E A DISTANCE OFD 15.14 CE UN N4418 FEET; THENCE A�gSTANCN:
OF 149.97 FEET;
THENCE RUN 54.521'12% A DISTANCE OF 38.16
FEEN
T;
DISTANCE S44'8'�W FEET;
DI STANCE OF 9.00 FEET; THENCE RUN 544 0'W A
eDHT REGLPI8NG.LES. THE DEVELOPER
RSTNEE SP SPACE ON FEET TO THE . _R.
RETAINED ON THE FIRST FLOOR FOR A LOBBY STORE MORE PARTICULARLY DESCRIBED AS
FOLLOWS; ALL Cr THE SPACE THAT IS VERTICALLY LOCATED BETWEEN THE UNFINISHED FIRST FLOOR
ELEVATION OF 124.80 AND THE UNFINISHED FIRST FLOOR CEIJNG ELEVATION OF 135.90 AND
HORIZONTALLY LOCATED WITHIN THE FOLLOWING DESCRIBED PERIMETRICAL MES: BEGIN AT THE
WESTERN MOST CORNER OF THE NORM TOWER; *ace RUN N4418'201 A DISTANCE OF 14.00
FEET; THENCE RUN S45'21'40'E A DISTANCE OF 27.00 FEET; THENCE RUN S4438'201W A
DISTANCE
CFR14. TM�NOR TOWER. 1445421'40N1445421'40NA INSTANCE OF 27.Q) FEET TO THE WESTERN
MOST OE
PABLIEL-$25001-12121.t. ALL OF THE LAND. MR AND SPACE THAT IS VERTICALLY
LOCATED BETWEEN THE UNFINISHED SECOND FLOOR ELEVATION OF 133.40 AND THE TOP OF THE
ELEVATOR SHAFT ELEVATION Of 201.70 AND HORIZONTALLY LOCATED WITHIN THE FOLLOWING
DESCRIBED PERIMETRICAL LIES: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30. TOWNSHIP 22 SO1 H.
RANGE 28 EAST; THENCE RUN N0020100'W. ALONG THE WEST UNE OF SAID NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAO SECTION 30. A DISTANCE OF
295.37 FEET; THENCE RUN N89'40'00'E A DISTANCE OF 77.31 FEET;.
THENCE RUN
E RUN
S4521'4O'E A DISTANCE OF 66.33 FEET TO THE MINT OF BERM
F44138'20'W A DISTANCEUNS81.3F W ADISTANCE 23.75 FEET; THENCE RUN S45'21'40'E A
FEET; ; THENCE RUN N411'21 40,/ A DISTANCE OF 3.20
THENCE RUN ST4'38'.J"W
DISTANCE OF 3.00 FEET; THENCE RUN S44'38'201W A DISTANCE OF 17.68 FEET; THENCE RUN
S4518'52'E A DISTANCE OF' 185.53 FEET; THENCE RUN N45'088'23 EE RUN DISTANCEH4.510OF
17.A87
FEET; THENCE RUN S44'51'37'E A DISTANCE OF 3.20 FEET;
DISTANCE OF 23.70 FEET' THENCE RUN N44-51'37'W A DISTANCE OF 3.30 FEET; THENCE RUN
FEET;FTHENCE DISTANCE OF RUN S44'38'20'W1 FEET; THENCE
5.00 FRUN NEET TO THE POINT OFBEGINNPjG.OF S
EXHIBIT
CODE ENFORCEMENT BOARD OF THE
CITY OF OCOEE, FLORIDA
• CASE NO. 02-009
CITY OF OCOEE, 11111111111111111111111111111
Petitioner, OR Bk 6515 Pg 3917
• Orange Co FL 2002-0213643
05/02/2002 11:12:17am
v. Colony Plaza Condominium Association,Inc. Rec 19.50
Respondent,
ORDER IMPOSING FINE AND LIEN
This matter was heard this date on Petitioner's Affidavit of Non-compliance, and
on the evidence presented, a motion having been duly made, seconded and approved by a
majority,but not less than four of the Board members present,it is
ADJUDGED that:
1. You, Colony Plaza Condominium Association, Inc., have failed to comply
with the order of this board dated January 22, 2002, which required you to
correct the following violation(s) to comply with the Code of the City of
Ocoee, Florida by April 23, 2002, and the following violation(s) continue to
exist or continued to exist until the date indicated:
Section of Code
Violated Description Date Corrected
Section 108-33 F Egress
Every structure shall have such unobstructed means of egress leading to open space
outside of any building or structure or part thereof which shall be of a number, size,
design and location meeting local and state building codes,housing standards, fire codes,
and other applicable requirements.
Section 108-35
In reference to non-functional fire alarm system, non-functional fire sprinkler system,
non-functional emergency back-up generator system to power life safety devices and
equipment/fixtures/systems and inoperable, damaged exit-egress system hardware, doors
and equipment: When nuisance conditions or hazards degenerate or cumulatively impact
on structures, dwellings or other buildings regulated by the minimum standards codes to
the extent that repair, removal, securing or demolition is necessary for the public health,
safety and welfare , then the Building and Zoning Official or his designee or the Code
Enforcement Board are authorized to order the property owner or city agents to repair,
remove, secure, vacate or demolish such structures according to procedures outlined
E . IBIT
)escription: Orange,FL Document-Book.Page 6515.3917 Page: 1 of 4
(e'Mier: 12 Comment: 4�
11111 III 111111111111111111111
CROrrPg 918
• aso
ngeeCFL 2002-0213643
herein. These powers are hereby declared to be remedial and essential for the public
interest, and it is intended that such powers be liberally construed to effectuate the
purposes stated herein.
•
Section 108-38
Major violations: irreversible/irreparable damage regarding occupancy of.structure:
procedures for handling major violations shall'be generally as provided in Article I of this
chapter, except that, depending on the degree of danger to the occupants or public, the
enforcement officer may cause the notice of violation to warn the property owner(s)that
failure to cure said major violations may result in further code enforcement board action
to effectuate necessary repairs, removal, securing or vacation or demolition of
structure(s).
Section 108-39 A
Notice to vacate: Whenever the Building and Zoning Official or his designee or the Code
Enforcement Board shall declare a building or structure unfit for human occupation and
constituting a nuisance, notice shall be. given to the owner and occupant of such
declaration and placarding of the building or structure as unfit for human occupancy.
108-39 C
Vacating of declared building: Any building or structure condemned as unfit for human
occupancy or occupation and so designated and placarded by acated immediatelyuilding or
g
Official or his designee or by the Code Enforcement Board shall be
after notice of such condemnation has been given to the owner and the occupant of the
building or structure.
108-39 D
Occupancy of building: No building which has been condemned and placarded as unfit
for human occupancy or occupation shall again be used for human occupancy or
occupation until approval is secured from and such placard is removed by the Building
and Zoning Official or his designee or thCo edEnforcemente nBoard t shall the rBemovegsuch
d
Zoning Official or his designee or the
placard whenever the defect or defects upon which the condemnation and placarding
action were based have been eliminated.
NFPA 10-1.1
A sprinkler system installed in accordance with this standard shall be properly inspected,
tested and maintained to provide at least the level of performance and protection as
designed. The owner shall be responsible for maintaining the system and keeping the
system in good operating condition.
Description: Orange,FL Document-Book.Page 6515.3917 Page:2 of 4
Order. 12 Comment:
iiii iii iii igiliilIliiIlli111
• OR• Oran6515 FL P20022 0213643
NFPA 7-1.1.1
Inspection, testing and maintenance programs shall satisfy the requirements of this code,
conform to the equipment manufacturer's recommendations and verify proper operation
of the fire alarm system. NFPA definition of Maintenance: Repair service, including
periodic inspections and tests required to keep the fire alarm system and its component
parts in an operative condition at all times,together with replacement of the system or its
components when they become undependable or inoperable for any reason.
NFPA 2-1
Back-up generator; The emergency power supply system function: The function of the
EPSS is to provide a, source of electrical power .of required capacity, reliability, and
quality for a given length of time to loads within a specified time after loss or failure of
the normal power supply.
Observation: 5 Life Safety violations involving building occupancy/public safety:
Fire Alarm disconnected - not functioning correctly. Fire sprinkler system disabled
not functioning. Electrical violations: water damaged electrical systems and
equipment. Back-up generator not operable/functioning not powering emergency
back-up life-safety systems. Exit/egress systems/doors and hardware not
operating/opening correctly.
2. Such violation(s)exist at the following described property:
Address: 11100 W. Colonial Drive, Ocoee
Legal Description: 30-22-28-0000-00-020
3. You will pay the CITY OF OCOEE, FLORIDA, the sum of $250.00 per
violation per day,for each day from the date set for compliance to the date of
correction if a date of correction is shown above, or if violation is indicated as
uncorrected, until you correct the violation and give the City written notice
that you have done so. If paragraph 1 indicates all violations have been
corrected,the total amount of your fine is$
4. A certified copy of this order may be recorded in the Public Records. of
Orange County,Florida, and shall constitute a lien against the above described
property and upon any other real property of personal property owned by the
Respondent,pursuant to Sections 162.08 and 162.09,Florida Statues.
5. Information regarding this Order may be obtained by contacting the Code
Enforcement Supervisor of the City of Ocoee, A Florida Municipal
Corporation,having an address of 150 North Lakeshore Drive, Ocoee,Florida
•
34761.
)ascription: Orange,FL Document-Book Page 6515.3917 Page: 3 of 4
)roger: 12 Comment:
1111111111111 111111 Lull I III
• OR BOrange 5 o FL5 Pg 2002-213643
• ' Recorded - Martha 0. Haynie
DONE AND ORDERED at Ocoee, Florida,this April 23,2002.
•
CODE ENFORCEMENT BOARD OF THE
CITY OF OCOEE,FLORID '
•
By: L1
Chairman
State of Florida
County of Orange .
Subscribed before me this April 26,2002,by John H. Linebarier,personally known to me
and did not take an oath.
By: as
-
Notary Public
N:w y
(Seal) �fs4"n�.: CARMEN D.RAMOS
4: ;4 WY COMMISSION t CC 940654
. EXPIRES:May 29,2004
i ''r Bonded TM Notary Pubic Und.rwden
•
STATE OFF �11'l' 1Y�;Q:Fsee 'RAN..t9E, CITY OF OCOEE
I herebyce r, t ^i '�•' .r.'Q g a:tr>;te and complete copy of the original document on file in the Code
' " e"'" Witness myhand and official seal this 26TH day of April 2002.
Enfory-men��f� e•�9 �:e..•i.�i:bf l��pC�:�:
By: Na....., 11,45.*.tiftwiselae,....- Jean Grafton, City Clerk
:` .. .y am •
7."
•
)escription: Orange,FL Document-Book.Page 6515.3917 Page: 4 of 4
)rder. 12 Comment:
•
•
•
CODE ENFORCEMENT BOARD OF THE
CITY OF OCOEE, FLORIDA
CASE NO. 02-011
CITY OF OCOEE, 11111111111111111111111111
Petitioner,
OR Bk 6515 Rg 3921
Orange Co FL 2002-0213644
v. Colony Plaza Condominium Association,Inc. 05/02/2002 11:12:1746.50
Respondent,
. /
ORDER IMPOSING FINE AND LIEN
This matter was heard this date on Petitioner's Affidavit of Non-compliance, and
on the evidence presented, a motion having been duly made, seconded and approved by a
majority,but not less than four of the Board members present,it is
ADJUDGED that:
1. You, Colony Plaza Condominium Association, Inc., have failed to comply
with the order of this board dated February 26, 2002, which required you t2)\
correct the following violation(s) to comply with the Code of the City of
Ocoee, Florida by April 23, 2002, and the following violation(s) continue to
exist or continued to exist until the date indicated:
Section of Code
Violated Description Date Corrected
103.5 Unsafe buildings or systems;
103.5 All buildings, structures, electrical, gas, mechanical or plumbing system which are
unsafe, unsanitary,or do not provide adequate egress,or which constitute a fire hazard,or
are otherwise dangerous to human life, or which in relation to existing use, constitute a
hazard to safety or health, are considered unsafe buildings or service systems. Numerous
building code violations exist as listed below.
Section 704 Fire Resistant Separations;
704.2.4 Exit access corridors. Fire resistance rating of exit access corridors shall be in
accordance with Table 704.2.4.Numerous penetrations exist in corridors.
Section 705 Protection of Openings;
705.5 Penetrations of fire rated walls. Penetrations into or through fire resistant walls
required to have opening protectives shall comply with 705.5.1 through 705.5.3.
705.6 Penetrations of horizontal assemblies; All penetrations of a floor, floor/ceiling
assembly, or the ceiling membrane of a roof/ceiling assembly shall be protected by a
Description: Orange,FL Document-Book.Page 6515.3921 Page: 1 of 10
Order: 12 Comment:
11111 Ill111111111111111111111
• OR Bk 6515 Pg 3'922
Orange Co FL 2002-0213644
shaft enclosure in accordance with 705.2 or shall comply with 705.6.1 through
705.6.4. Existing penetrations in floor/ceiling assemblies are not protected.
Section 1006 Stairway Protection; •
1006.1 Enclosed Stairways;
1006.1.1 Exit stairways between floors shall be enclosed in or separated by fire resistant
construction in accordance with 705.2 'and Table 705.1.2 Existing openings are
unprotected.
1006.2.3 Handrails and guardrails shall be specified in 1007.5 and 1015 respectively.
Handrails and guardrails don't meet stand building codes.
Section 1008 Access to Roof;
Buildings four stories or more in height, except those with a roof slope greater than 4:12
shall be provided with a stairway to the roof. Such stairway shall be marked at street and
floor levels with a sign indicating that it continues to the roof. Proper access to roof
doesn't exist.
Section 1014 Balconies,Porches,Galleries;
1014.1.2 All porches, balconies, raised floor surfaces or landings located more than 30
inches (762 mm) above the floor or grade below shall have guardrails as specified in
1015. Existing balconies must meet standard code.
Section 1601 Generali
16012 Structural safety;
1601.2.1 Every building and structure shall be of sufficient strength to support the loads
and forces encountered or combinations thereof, without exceeding in any of its
structural elements the stresses prescribed elsewhere in this code. Existing
structures on roof need structural engineering verification for structural safety
to include the penthouse.
3003.3 Signs. A permanent sign shall be installed immediately above each hall push
button station on each floor reading: IN FIRE EMERGENCY, DO NOT USE
ELEVATOR. USE EXIT STAIRS. This sign shall be letters not less than 1/2 inch
(12.7 mm)high.
Section 803 Restrictions on Interior Finishes;
803.1 General; Combustible materials may be used as a finish for ceilings, floors and
other interior surfaces of buildings as provided in this section. See Table 803.3.
Existing carpet on the walls not per code.
Section 1004 1004.3 Accessible means of egress;
1004.3.1 Spaces required by Chapter 11 to be accessible shall be provided with not less
than once accessible means of egress. Where more than one means of egress is
required from any required accessible space, each accessibleegress. portion
2 Each spaceashall
be served by not less than two accessible means
ible
Description: Orange,FL Document-Book.Page 65153921 Page: 2 of 10
Order. 12 Comment:
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• JJllhIJIIIllhIIIIIIJllhIIJlli
• OR Bk 6515 Fog 3923
Orange Co FL 2002-0213644
means of egress shall be continuous from each required accessible occupied area to a
public way and shall include accessible routes, ramps, exit stairs,elevators,horizontal
exits, or smoke barriers. Accessible means of egress must be code compliant for
this building.
Section 1012 Doors;
1012.1 General;
1012.1.1 Egress doors used as an exit door shall provide a clear opening of not less than
the widths shown in Table 1004. The maximum leaf width of the door shall not
exceed 48 inches (1219 mm). Egress doors used in the exit access shall provide a
clear opening of not less than 32 inches (813 mm) wide. All required exit doors
must have a minimum clear opening of 32 inches.
1012.1.2 Required exit doors shall be openable from the inside without the use of a key,
tool, special knowledge or effort. Manually operated flush bolts or surface bolts are
prohibited. All hardware must be direct acting requiring no more than one operation.
Double cylinder dead bolts,requiring a key for operation on both sides, are prohibited
on required means of egress doors unless the locking device is provided with a key
which cannot be removed when the door is locked from the inside. Existing exit
door have double keyed locks and/or padlocks.
Section 1016 Means of Egress Illumination and Signs;
1016 Emergency lighting;
1016.2.1 An independent and separate source of emergency power shall be provided for
means of egress illumination in occupancies with the occupant load listed in Table
1016. Such emergency power shall be automatically actuated in the event of any
interruption of normal power and there shall be no appreciable interruption of
illumination during the changeover. Where emergency lighting is provided by a
prime mover operated electric generator, a delay of not more than 10 seconds shall be
permitted. 1016.3.5 An independent and separate source of power shall be provided
for exit signs in occupancies at the occupant load listed in table 1016. Emergency
lighting and exit sign illumination must meet code.
Section 3003 Elevators;
3003.1 Elevator enclosures;
3003.4 Standby Power In all buildings or structures where standby power is required or
furnished to operate an elevator,the operation shall be as follows;
1. Where only one elevator is installed, the elevator shall transfer to standby power
within 60 seconds after failure of normal power.
2. Where two or more elevators are controlled by a common operating system, all
elevators may transfer to standby power within 60 seconds after failure of normal
power; or if the standby power source is of insufficient capacity to operate all
elevators at the same time, all elevators shall transfer to standby power in sequence,
return to the designated landing and discharge their load. After all elevators have
been returned to the designated landing, at least one elevator shall remain operable
from the standby power source.
Description:Orange,FL Document-Book.Page 6515.3921 Page:3 of 10
Order. 12 Comment:
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•
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• OR Bk GS 1 S Pg 3924
• Orange Co FL 2002-0213644
3003.6.1 Vents Hoistways of elevators serving more than three floors shall be provided
with means of venting smoke and hot gases to the outer air in case of fire.
3003.7 Access to machine room and machinery spaces: 3003.7.1 General. A
permanent, safe, and convenient•means of access to elevator machine rooms and
overhead machine spaces shall be provided for authorized persons. The means of
access shall not be through restrooms, dressing rooms or tenant spaces. Numerous
violations of the listed codes for the elevators exist. Elevators must be updated
per standard building code requirements.
NATIONAL ELECTRICAL CODE 1999;
Article 110-Requirements for Electrical Installations;
600 Volts,Nominal, or Less;
110-26. Spaces About Electrical Equipment. Sufficient access and working space shall
be provided and maintained about all electric equipment permit ready and safe operations
and maintenance of such equipment. Enclosures housing electrical apparatus that are
controlled by lock and key shall be considered accessible to qualified persons.
(a) Working Space. Working space for equipment operating at 600 volts, nominal, or
less to ground and likely to require examination, adjustment, servicing, or
maintenance while energized shall comply with the dimensions of(1), (2), and (3) or
as required or permitted elsewhere in this Code.
(1) Depth of Working Space The depth of the working space in the direction of access
to live parts shall not be less than indicated in Table 110-26(a). Distances shall be
measured from the live parts if such are exposed or from the enclosure front or
opening if such are enclosed. Electrical panel is not accessible. Must be accessible
pursuant to code.
Article 300-Wiring Methods;
300-11. Securing and Supporting;
(a) Secured in place. Raceways, cable assemblies, boxes, cabinets, and fittings shall be
securely fastened in place. Support wires that do not provide secure support shall not
be permitted as the sole support. Support wires and associated fittings that provide
secure support and that are installed in addition to the ceiling grid support wires,shall
be permitted as the sole support. Where independent support wires are used, they
shall be secured at both ends. Cables and raceways shall not be supported by ceiling
grids. Pipe and boxes above ceilings not secured.
Article 410-Lighting Fixtures,Lampholders,Lamps and Receptacles;
(a) Definition;
Storage Space. Storage space shall be defined as a volume bounded by the sides and
back closet walls and planes extending from the closet floor vertically to a height of 6
ft.(1,83 m) or the highest clothes-hanging rod and parallel to the sides and back of the
closet wall respectively, and continuing vertically to the closet ceiling parallel to the
walls at a horizontal distance of 12 in. (305 mm) or the width of the shelf, whichever is
greater.
Description: Orange,FL Document-Book.Page 6515.3921 Page:4 of 10
Order. 12 Comment:
•
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• OR Bk GS 15 Pg_3925
• Orange Co FL 2882-0213644
(b) Fixture Types Permitted. Listed fixtures of the following types shall be permitted to
be installed in closet:
(1) A surface-mounted or recessed incandescent fixture with a completely enclosed lamp
(2) A surface-mounted or recessed fluorescent fixture
(c) Fixtures Types Not Permitted. Incandescent fixtures with open or partially enclosed
lamps and pendant fixtures or lampholders shall not be permitted. Light fixture in closet
needs bulb to be enclosed and secured to wall(see 300-11-Securing and supporting)
CODE OF THE CITY OF OCOEE CHAPTER 158 Pools
153.31 Design requirements;
F. All pools shall be completely enclosed by a screen enclosure, a link-type fence or a
solid wall as approved by the Building Official of a minimum height of 48 inches,the
gates of which shall be the self-closing and latching type,with a latch on the inside of
the gate or enclosure located at least 46 inches above the ground. Existing pool
enclosure doesn't have self latching and closing gates.
STANDARD FIRE PREVENTION CODE 1997;
102.5 Inspections;
102.5.1 General, If during the inspection of a building, the building or any of the
building system in whole or in part constitutes a danger to human life, or a hazard to
safety or health,the fire official shall issue such notice or orders to remove or remedy
the conditions and shall refer the building to the building department for any repairs,
alterations, remodeling, removing or demolition required. Numerous building and
fire violations exist as listed below.
Section 504 Use of equipment, appliances and devices;
•
504.9 Fire Walls,Fire Doors;
504.9.1 Fire walls, fire stops, and fire rated partitions and floors required by the building
code shall be maintained. All openings made therein for the passage of pipes, electrical
and the like, and holes made for any reason shall be sealed with approved
noncombustible material to protect against passage of smoke and fire. Penetration holes
within fire walls,fire stops,and fire rated partitions exist.
Section 602 Fire Controls;
602.6.2 The required width of access roadways shall not be obstructed in any manner,
including the parking of vehicles. Installation of No Parking signs or other
appropriate notice, or of approved obstructions inhibiting parking, may be required
and if installed shall be maintained. Make access to Buildings for Fire Apparatus
by designating fire lanes with No Parking signs.
Section 603 Installation and Maintenance of fire protection systems and appliances;
603.2 Maintenance and Repairs
603.2.1 All extinguishing systems, ire hydrant systems, standpipe systems, fire alarm or
detection systems, portable or fixed fire extinguishers and other protection systems or
Description:Orange,FL Document-Book Page 6515.3921 Page: 5 of 10
Order. 12 Comment: - - - --__
11111111111111111111111111111
• OR Bk E,S 15 eg 3926
• Orange Co FL 2802-0213644
•
appliances required by 603.1 or otherwise installed shall be so maintained as to be
capable of proper operation at all times.
603.2.2 Equipment shall be replaced or repaired when found to be defective.
Maintenance and repairs to all extinguishing systems, fire hydrants, standpipe
systems,fire alarm or detection systems and other protection systems are required.
603.6 Single or Multiple Station Smoke Alarms
603.6.1 Every new and existing dwelling, including one and two family dwellings, and
every new and existing dwelling unit within an apartment house, condominium or
townhouse, and every guest or sleeping room in a motel, hotel, or dormitory shall be
provided with an approved listed smoke alarm. Operational smoke detectors are
required in every unit.
603.8 Fire Extinguishing Systems;
603.8.1-All fire extinguishing systems shall be installed in accordance with the
requirements of this chapter and the applicable NFPA standards listed in Chapter 3.
All hose threads used in accordance with fire extinguishing systems shall comply
with the standards of the fire official.
603.8.3 Fire protection and extinguishing systems shall be operational as required by
NFPA 241 during construction, alterations and demolition operations in conformity
with the progress of construction, alterations or demolition. The fire department shall
be notified immediately by the person responsible for alterations, construction or
demolition of any fire protection equipment taken out of service and when restored to
operation. The job site shall provide a list of fire watch personnel and an approved
method to call the fire department.
603.20.2 Any defects,modification or repair shall be logged and the log shall be available
to the fire official when requested for his inspection and evaluation. The fire official shall
be notified at least 48 hours before any test required by this section.
603.20.3 All fire pumps that automatically supply water to suppression systems and
standpipes shall be operated periodically and at least once every 30 days.
603.20.4 All fire alarm systems shall be maintained, periodically inspected and tested in
accordance with NFPA 72. Violations of the listed codes existing regarding Fire
Extinguishing systems. This system shall be operational pursuant to the codes.
Section 801,Maintenance of Exit Ways,General Provisions;
801.1.5 The owner or individual having charge of a building providing overnight or
transient accommodations shall provide and post in each room used for sleeping
purposes an exitway plan indicating primary and secondary exit routes from that
floor, and fire alarm pull station locations. Post in each unit an exitway plan
indicating primary and secondary exit routes.
Section 802 Exit obstruction;
802.1.1.Obstruction-In every building or structure, means of egress' shall be so
maintained as to provide free and unobstructed egress from all parts of the building or
structure at all times, and so as to be available for full instant use in case of fire or
other emergency.
Description: Orange,FL Document-Book Page 6515.3921 Page: 6 of 10
Order: 12 Comment: -— --
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• 001111111111111111111111111
ORBk
�o F 200238237
• 644
805.2.8 An approvedsign shall be located at each floor level landing in all enclosed
stairways of buildings four or more stories in height. The sign shall indicate the floor
level and the availability of roof access from that stairway and an identification of the
stairway. The sign shall also state the floor level of an direction to exit discharge. The
sign shall be located approximately 5ftp the or.5 m) closed position.ve the floor andiMean of egress
in a position
which is readily visible when the door isopen
shall be maintained and free from obstructions.
Section 807 Exit Illumination and Signs;
807.1 Illumination Exits shall be illuminated at all times when the building is occupied
with light of not less than 1 foot-candle(10 lx)intensity at the floor level ,except theaters
which shall have not less than 1/5 foot candle (2 lx) in aisles.
807.1.5 Emergency generators used to provide emergency power shall be tested and
maintained in accordance with NFPA 110.
807.2.5 All exit signs for egress elements shall be provided an emergency source of
power in accordance with 807.1.2. Exit illumination and signs shall be illuminated
at all times when the building is occupied.
Section 810 Elevators;
810.1 Firefighters' Service; Existing elevators serving more than two levels above the
lowest level of fire department vehicle accessor which travel
sh 11 be providedwith
above the lowest level of fire department vehicleaccess
elevator recall and control.
810.2 Elevator Warning Signs A permanent sign, reading "IN FIRE EMERGENCY,
DO NOT USE ELEVATOR-USE EXIT STAIRS" (or similar equivalent wording),
shall be installed immediately above each elevator call station on each floor.
Elevators have must have posted warning signs.
NFPA 72 NATIONAL FIRE ALARM CODE: 3-8.6 Supervisory Signal Initiation;
3-8.6 General The provisions of 3-8.6 shall apply to the monitoring of sprinkler systems,
•
other fire suppression systems, and other systems for the protection of life and property
for the initiation of a supervisory signal indicating an off-normal condition that could
adversely affect the performance of the system. Fire Alarm Supervisory Single
Initiation.
1997 STANDARD MECHANICAL CODE;
Section 103 Power and duties of the building official;
103.6 Requirements not covered by code. Any requirements necessary for the strength,
stability or proper operation of an existing or proposed building, structure, electrical,
gas, mechanical or plumbing system, or for the public safety, health and general
welfare, not specifically covered by this or the other technical codes, shall be
determined by the building official.
Section 304 Installation of HVAC and refrigeration equipment;
Description: Orange,FL Document-Book Page 6515.3921 Page: 7 of 10
Order. 12 Comment:
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• OR Bk 6515 Pg 3928
• Orange Co FL 2002-0213644
304.7.1 Condenser and compressor units. Foundations and support for condensing
units or compressor units shall be of substantial construction sufficient to support the
load. When used, wood exposed to the weather shall be pressure treated or approved
wood of natural resistance to decay in accordance with the Standard building Code.
A.C. condensing unit outside of main entrance to be set on level pad per
manufacturers installation instructions.
Section 501 General;
Exhaust Systems;
501.4 Independent system required. Mechanical exhaust from bath, toilet, urinal,
locker, service sink, closets and similar rooms shall be an independent system and
shall not be re-circulated unless treated by a listed or approved air treatment system.
When exhaust systems are used, they may be combined with similar exhaust except
kitchen exhaust shall be on an independent system. Power roof vents for toilet
exhaust not operational. Service/check combination bath light and exhaust fans.
Some are unplugged inside housing and some are not exhausting air.
1997 STANDARD GAS CODE;
Section 403 Appliance Connections to Building Piping;
403.1.2 Each gas appliance shall have an accessible gas shutoff valve or listed gas
convenience outlet located no farther than 6 ft (1829 mm) from the appliance,
installed upstream from the union, connector or quick-disconnect device they serve,
and in the same room as the appliance. This section shall not prohibit the use or the
installation of gas shutoff valves in the firebox of fireplaces serving listed gas
decorative appliances. Gas valve at emergency generator is missing.
1994 STANDARD PLUMBING CODE;
Section 409 Fixture types;
Floor Drains;
409.4.1.4 Floor drain trap seals subject to evaporation shall be of the deep-seal type of not
less than 4-inch(102mm) water seal or shall be fed from an approved plumbing fixture or
by means of an approved automatic priming device designed and approved for that
purpose. Cap floor drain at 4th floor corridor.
Section 606 Protection of Potable Water Supply;
606.1 Backflow. The water distribution system shall be protected against backflow.
Every water outlet shall be protected from backflow, preferably by having the outlet
end from which the water flows spaced a distance above the flood-level rim of the
receptacle into which the water flows sufficient to provide a "minimum required air
gap"as defined in ANSI A112.1.2. Where it is not possible to provide a minimum air
gap, the water outlet shall be equipped with an accessible backflow preventer
complying with 606.2. Provide backflow preventers on water supply.
606.2 Approval of Devices. Devices for the prevention of backflow or back-siphoning
shall comply with the standards listed in Table 606. Devises installed in a potable
water supply for protection against backflow shall be maintained in good working
Description: Orange,FL Document-Book.Page 6515.3921 Page: 8 of 10
Order: 12 Comment:
• 11111 III 11111111111 1111111 III
•
CROrrangesCo FL 2022 0213644
condition by the person or persons having control of such devices. The plumbing
official may inspect such devices and, if they are found to be defective or inoperative,
shall require the replacement thereof. All devices for protection against where a high
degree of hazard is involved should be tested regularly by a person certified to make
such a test. Only regular testing will assure that the devices are in proper operating
condition.
1997 STANDARD BUILDING CODE*
Section 1600 Wind Loads;
1606.1 Applications. All buildings, structures and parts thereof shall be designed to
withstand the appropriate wind loads prescribed herein. Decreases in wind loads shall not
be made for the effect of shielding by other structures. Wind pressures shall be assumed
to act normal to the surfaces considered. Doghouse covers for hot water pumps on roof
not anchored.
Observation: 5 Life Safety violations involving building occupancy/public safety:
Fire Alarm disconnected - not functioning correctly. Fire sprinkler system disabled
not functioning. Electrical violations: water damaged electrical systems and
equipment. Back-up generator not operable/functioning not powering emergency
back-up life-safety systems. Exit/egress systems/doors and hardware not
operating/opening correctly.
2. Such violation(s)exist at the following described property:
Address: 11100 W. Colonial Drive,Ocoee
Legal Description: 30-22-28-0000-00-020
3. You will pay the CITY OF OCOEE, FLORIDA, the sum of $100.00 per
violation per day,for each day from the date set for compliance to the date of
correction if a date of correction is shown above, or if violation is indicated as
uncorrected, until you correct the violation indicates alive lhe City violat violtten notice
ations been
that you have done so. If paragraph
corrected,the total amount of your fine is$
4. A certified copy of this order may be recorded in the
ethe Public
Records
bed
Orange County,Florida,and shall constitute a lien against
property and upon any other real property of personal property owned by the
Respondent,pursuant to Sections 162.08 and 162.09,Florida Statues.
5. Information regarding this Order may be obtained by contacting the Code
Enforcement Supervisor of the City of Ocoee, A Florida Municipal
Corporation,having an address of 150 North Lakeshore Drive, Ocoee,Florida
34761.
Description: Orange,FL Document-Book.Page 6515.3921 Page: 9 of 10
Order. 12 Comment:
11111111111111111111111111111
OR Bk &S15Pg_
•
• Orange Co FL 2002-0213644 •
Recorded - Martha 0. Haynie
DONE AND ORDERED at Ocoee,Florida,this April 23,2002.
• CODE ENFORCEMENT BOARD OF THE
CITY 0A OCOEE,FLO I,
By: dr.,' ../. . --0,c;-4/2-‘44i‘
Chairman
State of Florida
County of Orange
Subscribed before me this April 26,2002,by John H.Linebarier,personally known to me
and dnot take an oath.
By:
Notary Public
Public
(Seal)
c#IRhelo .4o1-1
mYcommissm cc
EXPEREs.may 0,, 94°654
eond•dria,m;ry. •.•2004
bble Utidtflw11•111
- -
•. '! •;-+:?Ale X41.k4
• •
STATE OF FLORIDA,-COUIStilp,ROAAlyGE CITY OF OCOEE
I hereby certify that 1.116.:ToLf.il:t g.44 afrue.find complete copy of the original document on file in the Code
Enforcement Officc:;. torti,,,,...ofiqopeOv.Witness my hand and official seal this 26TH day of April 2002.
By: 1111, /Jean Grafton, City Clerk
?0
. ;40:Cel
Description: Orange,FL Document-Book.Page 6515.3921 Page: 10 of 10
Order: 12 Comment: .. •
center of Good M
Mayor Commissioners
S. Scott Vandergrift goo„ �•���••- � Danny Howell, District
C"w OBE
Scott Anderson, District 2
City Manager 0 Rusty Johnson. District 3
Jim Gleason -7"1" '"
Nancy J. Parker, District 4
RECEIVED
To: Mr. John Holdsworth, Colony Plaza Representative FEB 2 4
MG
From: Jim Washington, Building Official FOLEY & LARDNER
Copy to: Jim Gleason, City Manager
Russ Wagner, Director of Community Development
Paul Rosenthal, City Attorney
Staff as listed in memorandum
Date: February 21, 2003
Subject: Colony Plaza meeting of February 14, 2003
On Friday, February 14, 2003, a meeting and walk-through was conducted at the Colony Plaza,
11100 West Colonial Drive, Ocoee, Florida. The following were in attendance for this meeting:
John Holdsworth and Carlos Merced represented the Plaza; Inspector Stanley, Fire Department;
Jim Washington, Building Official; Mickey Wieland, Chief Plans Examiner; Eddie Hendrix,
Municipal Inspector; and Bob McDonald, Municipal Inspector, were present on behalf of the
City. The purpose of this meeting was to review the violations as listed in the Order Imposing
Fine and Lien, and to evaluate the current condition of the structures.
The findings of this group are attached in a list format. In summary, the main issues are life
safety items.
South Tower:
Emergency Power(generator)
Fire Alarm(requires certification of system)
Fire Sprinkler(requires certification of system)
Elevators are to be certified. (requires certification) -
Proper exit marking(*)
Proper evacuation posting(requires inspection)
Emergency illumination(may require certification of system*)
Doors and hardware on egress path
* Once the generator is on line, these items will need to be checked to determine if
they are code compliant.
North Tower:
Health certification required on"mold" and air quality issues. (requires certificat•
Emergency Power(generator) ExfrierrCity of Ocoee• 150 N Lakeshore Drive•Ocoee, Florida 34761
phone:(407)905-3100•fax:(407)656-8504•www.ci.ocoee.fl.us C l�
Electrical conducts and boxes above ceilings not secured.
Fire Alarm(requires certification of system)
Fire Sprinkler(requires certification of system)
Proper exit marking(*)
Proper evacuation posting
Emergency illumination(may require certification of system*)
Elevators are to be certified (requires certification)
Doors and hardware on egress path
Two-hour rated assembly for vertical chase/shaft
Seal/protect penetrations of fire rated partitions
Seal/protect penetrations in floor/ceiling assemblies
Exhaust for restrooms (Fire-rating&compliance with FBC)
* Once the generator is on line, these items will need to be checked to determine if
they are code compliant.
Roof& Penthouse Areas:
Certify structural condition of penthouse and roof structures (pump covers and equipment
screen)
Penthouse electrical panel must be accessible
Penthouse to have fire sprinkler system(requires certification)
Penthouse to have fire alarm system(requires certification)
Electrical conducts and boxes above ceilings not secured
Penthouse roof damage from vent removal (?)
Offices, Lobby & Restaurant Area:
This area is not addressed in the letter as Mr. Holdsworth has advised this is not part of his court
appointment. He stated he was attempting to acquire this section.
Each of these items must be addressed completely and brought into compliance with the City of
Ocoee codes. Licensed contractors with sufficient documentation and plans must apply with
permit applications. No section of this project may commence further demolition, construction
or renovation prior to the issuance of the required permits for that area of the project. Each area
of the structures will have a complete set of final inspections prior to receiving a Certificate of
Occupancy. The City may grant Partial/Temporary Certificate of Occupancy for large areas of
the project mainly determined by the Fire & Life Safety issues and access to the area to be
occupied.
Attached are the violations as listed in the Notice of Violation, Mr. Wieland's observations and
two memorandums for Mr. Butch Stanley,Fire Inspector, dated February 17, 2003,which list the
Fire Department's concerns. These memorandums require the fire extinguishers, hose cabinets,
standpipes, etc. be brought into compliance in addition to the above items. I hope this letter
clarifies the issues to your satisfaction. If you have any questions or comments, please contact
me at(407) 905-3104, send a facsimile to (407) 656-5398 or e-mail jimw@ci.ocoee.fl.us.
I have copied or paraphrased the violations as listed in the original code enforcement action.
Section of Code
Violated Description Date Corrected
103.5 Unsafe buildings or systems;
103.5 All buildings, structures, electrical, gas, mechanical or plumbing system which are unsafe,
unsanitary, or do not provide adequate egress, or Which constitute a fire hazard, or are otherwise
dangerous to human life, or which in relation to existing use, constitute a hazard to safety or
health, are considered unsafe buildings or service systems.
Several violations were observed as follows
Section 704 Fire Resistant Separations;
704.2.4 Exit access corridors. Fire resistance rating of exit access corridors shall be in
accordance with Table 704.2.4. Numerous penetrations exist in corridors.
Section 705 Protection of Openings;
705.5 Penetrations of fire rated walls. Penetrations into or through fire resistant walls required
to have opening protectives shall comply with 705.5.1 through 705.5.3.
705.6 Penetrations of horizontal assemblies; All penetrations of a floor, floor/ceiling
assembly, or the ceiling membrane of a roof/ceiling assembly shall be protected by a shaft
enclosure in accordance with 705.2 or shall comply with 705.6.1 through 705.6.4. Existing
penetrations in floor/ceiling assemblies are not protected.
Section 1006 Stairway Protection;
1006.1 Enclosed Stairways;
1006.1.1 Exit stairways between floors shall be enclosed in or separated by fire resistant
construction in accordance with 705.2 and Table 705.1.2 Existing openings are
unprotected.
1006.2.3 Handrails and guardrails shall be specified in 1007.5 and 1015 respectively.
Handrails and guardrails don't meet stand building codes.
Section 1008 Access to Roof;
Buildings four stories or more in height, except those with a roof slope greater than 4:12 shall be
provided with a stairway to the roof. Such stairway shall be marked at street and floor levels
with a sign indicating that it continues to the roof. Proper access to roof doesn't exist.
Section 1014 Balconies,Porches, Galleries;
1014.1.2 All porches, balconies, raised floor surfaces or landings located more than 30 inches
(762 mm) above the floor or grade below shall have guardrails as specified in 1015. Existing
balconies must meet standard code.
Section 1601 General;
1601.2 Structural safety;
1601.2.1 Every building and structure shall be of sufficient strength to support the loads and
forces encountered or combinations thereof, without exceeding in any of its structural
elements the stresses prescribed elsewhere in this code. Existing structures on roof need
structural engineering verification for structural safety to include the penthouse.
3003.3 Signs. A permanent sign shall be installed immediately above each hall push button
station on each floor reading: IN FIRE EMERGENCY, DO NOT USE ELEVATOR. USE
EXIT STAIRS. This sign shall be letters not less than 1/2 inch(12.7 mm)high.
Section 803 Restrictions on Interior Finishes;
803.1 General; Combustible materials may be used as a finish for ceilings, floors and other
interior surfaces of buildings as provided in this section. See Table 803.3. Existing carpet
on the walls not per code.
Section 1004 1004.3 Accessible means of egress;
1004.3.1 Spaces required by Chapter 11 to be accessible shall be provided with not less than
once accessible means of egress. Where more than one means of egress is required from any
required accessible space, each accessible portion of the space shall be served by not less
than two accessible means of egress. 1004.3.2 Each accessible means of egress shall be
continuous from each required accessible occupied area to a public way and shall include
accessible routes, ramps, exit stairs, elevators, horizontal exits, or smoke barriers. Accessible
means of egress must be code compliant for this building.
Section 1012 Doors;
1012.1 General;
1012.1.1 Egress doors used as an exit door shall provide a clear opening of not less than the
widths shown in Table 1004. The maximum leaf width of the door shall not exceed 48
inches (1219 mm). Egress doors used in the exit access shall provide a clear opening of not
less than 32 inches (813 mm) wide. All required exit doors must have a minimum clear
opening of 32 inches.
1012.1.2 Required exit doors shall be openable from the inside without the use of a key, tool,
special knowledge or effort. Manually operated flush bolts or surface bolts are prohibited.
All hardware must be direct acting requiring no more than one operation. Double cylinder
dead bolts, requiring a key for operation on both sides, are prohibited on required means of
egress doors unless the locking device is provided with a key which cannot be removed when
the door is locked from the inside. Existing exit door have double keyed locks and/or
padlocks.
Section 1016 Means of Egress Illumination and Signs;
1016 Emergency lighting;
1016.2.1 An independent and separate source of emergency power shall be provided for means
of egress illumination in occupancies with the occupant load listed in Table 1016. Such
emergency power shall be automatically actuated in the event of any interruption of normal
power and there shall be no appreciable interruption of illumination during the changeover.
Where emergency lighting is provided by a prime mover operated electric generator, a delay
of not more than 10 seconds shall be permitted. 1016.3.5 An independent and separate
source of power shall be provided for exit signs in occupancies at the occupant load listed in
table 1016. Emergency lighting and exit sign illumination must meet code.
Section 3003 Elevators;
3003.1 Elevator enclosures;
3003.4 Standby Power In all buildings or structures where standby power is required or
furnished to operate an elevator, the operation shall be as follows;
1. Where only one elevator is installed, the elevator shall transfer to standby power within 60
seconds after failure of normal power.
2. Where two or more elevators are controlled by a common operating system, all elevators
may transfer to standby power within 60 seconds after failure of normal power; or if the
standby power source is of insufficient capacity to operate all elevators at the same time, all
elevators shall transfer to standby power in sequence, return to the designated landing and
discharge their load. After all elevators have been returned to the designated landing, at least
one elevator shall remain operable from the standby power source.
3003.6.1 Vents Hoistways of elevators serving more than three floors shall be provided with
means of venting smoke and hot gases to the outer air in case of fire.
3003.7 Access to machine room and machinery spaces: 3003.7.1 General. A permanent,
safe, and convenient means of access to elevator machine rooms and overhead machine
spaces shall be provided for authorized persons. The means of access shall not be through
restrooms, dressing rooms or tenant spaces. Numerous violations of the listed codes for
the elevators exist. Elevators must be updated per standard building code
requirements.
NATIONAL ELECTRICAL CODE 1999;
Article 110-Requirements for Electrical Installations;
600 Volts,Nominal, or Less;
110-26. Spaces About Electrical Equipment. Sufficient access and working space shall be
provided and maintained about all electric equipment permit ready and safe operations and
maintenance of such equipment. Enclosures housing electrical apparatus that are controlled by
lock and key shall be considered accessible to qualified persons.
(a) Working Space. Working space for equipment operating at 600 volts, nominal, or less to
ground and likely to require examination, adjustment, servicing, or maintenance while
energized shall comply with the dimensions of(1), (2), and (3) or as required or permitted
elsewhere in this Code.
(1) Depth of Working Space The depth of the working space in the direction of access to live
parts shall not be less than indicated in Table 110-26(a). Distances shall be measured from
the live parts if such are exposed or from the enclosure front or opening if such are enclosed.
Electrical panel is not accessible. Must be accessible pursuant to code.
Article 300-Wiring Methods;
300-11. Securing and Supporting;
(a) Secured in place. Raceways, cable assemblies,boxes, cabinets, and fittings shall be securely
fastened in place. Support wires that do not provide secure support shall not be permitted as
the sole support. Support wires and associated fittings that provide secure support and that
are installed in addition to the ceiling grid support wires, shall be permitted as the sole
support. Where independent support wires are used, they shall be secured at both ends.
Cables and raceways shall not be supported by ceiling grids. Pipe and boxes above ceilings
not secured.
Article 410-Lighting Fixtures,Lampholders,Lamps and Receptacles;
(a) Definition;
Storage Space. Storage space shall be defined as a volume bounded by the sides and back closet
walls and planes extending from the closet floor'vertically to a height of 6 ft.(1,83 m) or the
highest clothes-hanging rod and parallel to the sides and back of the closet wall respectively, and
continuing vertically to the closet ceiling parallel to the walls at a horizontal distance of 12 in.
(305 mm) or the width of the shelf,whichever is greater.
(b) Fixture Types Permitted. Listed fixtures of the following types shall be permitted to be
installed in closet:
(1) A surface-mounted or recessed incandescent fixture with a completely enclosed lamp
(2) A surface-mounted or recessed fluorescent fixture
(c) Fixtures Types Not Permitted. Incandescent fixtures with open or partially enclosed lamps
and pendant fixtures or lampholders shall not be permitted. Light fixture in closet needs bulb to
be enclosed and secured to wall (see 300-11-Securing and supporting)
CODE OF THE CITY OF OCOEE CHAPTER 158 Pools
153.31 Design requirements;
F. All pools shall be completely enclosed by a screen enclosure, a link-type fence or a solid wall
as approved by the Building Official of a minimum height of 48 inches, the gates of which
shall be the self-closing and latching type, with a latch on the inside of the gate or enclosure
located at least 46 inches above the ground. Existing pool enclosure doesn't have self
latching and closing gates.
STANDARD FIRE PREVENTION CODE 1997;
102.5 Inspections;
102.5.1 General, If during the inspection of a building, the building or any of the building
system in whole or in part constitutes a danger to human life, or a hazard to safety or health,
the fire official shall issue such notice or orders to remove or remedy the conditions and shall
refer the building to the building department for any repairs, alterations, remodeling,
removing or demolition required. Numerous building and fire violations exist as listed
below.
Section 504 Use of equipment, appliances and devices;
504.9 Fire Walls,Fire Doors;
504.9.1 Fire walls, fire stops, and fire rated partitions and floors required by the building code
shall be maintained. All openings made therein for the passage of pipes, electrical and the like,
and holes made for any reason shall be sealed with approved noncombustible material to protect
against passage of smoke and fire. Penetration holes within fire walls, fire stops, and fire
rated partitions exist.
Section 602 Fire Controls;
602.6.2 The required width of access roadways shall not be obstructed in any manner, including
the parking of vehicles. Installation of No Parking signs or other appropriate notice, or of
approved obstructions inhibiting parking, may be required and if installed shall be
maintained. Make access to Buildings for Fire Apparatus by designating fire lanes with
No Parking signs.
Section 603 Installation and Maintenance of fire protection systems and appliances;
603.2 Maintenance and Repairs
603.2.1 All extinguishing systems, ire hydrant systems, standpipe systems, fire alarm or
detection systems, portable or fixed fire extinguishers and other protection systems or
appliances required by 603.1 or otherwise installed shall be so maintained as to be capable of
proper operation at all times.
603.2.2 Equipment shall be replaced or repaired when found to be defective. Maintenance and
repairs to all extinguishing systems, fire hydrants, standpipe systems, fire alarm or
detection systems and other protection systems are required.
603.6 Single or Multiple Station Smoke Alarms
603.6.1 Every new and existing dwelling, including one and two family dwellings, and every
new and existing dwelling unit within an apartment house, condominium or townhouse, and
every guest or sleeping room in a motel, hotel, or dormitory shall be provided with an
approved listed smoke alarm. Operational smoke detectors are required in every unit.
603.8 Fire Extinguishing Systems;
603.8.1-All fire extinguishing systems shall be installed in accordance with the requirements of
this chapter and the applicable NFPA standards listed in Chapter 3. All hose threads used in
accordance with fire extinguishing systems shall comply with the standards of the fire
official.
603.8.3 Fire protection and extinguishing systems shall be operational as required by NFPA 241
during construction, alterations and demolition operations in conformity with the progress of
construction, alterations or demolition. The fire department shall be notified immediately by
the person responsible for alterations, construction or demolition of any fire protection
equipment taken out of service and when restored to operation. The job site shall provide a
list of fire watch personnel and an approved method to call the fire department.
603.20.2 Any defects, modification or repair shall be logged and the log shall be available to the
fire official when requested for his inspection and evaluation. The fire official shall be notified
at least 48 hours before any test required by this section.
603.20.3 All fire pumps that automatically supply water to suppression systems and standpipes
shall be operated periodically and at least once every 30 days.
603.20.4 All fire alarm systems shall be maintained, periodically inspected and tested in
accordance with NFPA 72. Violations of the listed codes existing regarding Fire
Extinguishing systems. This system shall be operational pursuant to the codes.
Section 801,Maintenance of Exit Ways, General Provisions;
801.1.5 The owner or individual having charge of a building providing overnight or transient
accommodations shall provide and post in each room used for sleeping purposes an exitway
plan indicating primary and secondary exit routes from that floor, and fire alarm pull station
locations. Post in each unit an exitway plan indicating primary and secondary exit
routes.
Section 802 Exit obstruction;
802.1.1. Obstruction-In every building or structure, means of egress shall be so maintained as to
provide free and unobstructed egress from all parts of the building or structure at all times,
and so as to be available for full instant use in case of fire or other emergency.
805.2.8 An approved sign shall be located at each floor level landing in all enclosed
stairways of buildings four or more stories in height. The sign shall indicate the floor level and
the availability of roof access from that stairway aid an identification of the stairway. The sign
shall also state the floor level of an direction to exit discharge. The sign shall be located
approximately 5 ft. (1.5 m) above the floor landing in a position which is readily visible when
the door is in the open or closed position. Means of egress shall be maintained and free from
obstructions.
Section 807 Exit Illumination and Signs;
807.1 Illumination Exits shall be illuminated at all times when the building is occupied with
light of not less than 1 foot-candle(10 lx) intensity at the floor level , except theaters which shall
have not less than 1/5 foot candle (2 1x)in aisles.
807.1.5 Emergency generators used to provide emergency power shall be tested and maintained
in accordance with NFPA 110.
807.2.5 All exit signs for egress elements shall be provided an emergency source of power in
accordance with 807.1.2. Exit illumination and signs shall be illuminated at all times
when the building is occupied. •
Section 810 Elevators;
810.1 Firefighters' Service; Existing elevators serving more than two levels above the lowest
level of fire department vehicle access or which travel more than 25 ft. (7.6m) above the
lowest level of fire department vehicle access shall be provided with elevator recall and
control.
810.2 Elevator Warning Signs A permanent sign, reading"IN FIRE EMERGENCY, DO NOT
USE ELEVATOR-USE EXIT STAIRS" (or similar equivalent wording), shall be installed
immediately above each elevator call station on each floor. Elevators have must have
posted warning signs.
NFPA 72 NATIONAL FIRE ALARM CODE: 3-8.6 Supervisory Signal Initiation;
3-8.6 General The provisions of 3-8.6 shall apply to the monitoring of sprinkler systems, other
fire suppression systems, and other systems for the protection of life and property for the
initiation of a supervisory signal indicating an off-normal condition that could
adversely affect the performance of the system. Fire Alarm Supervisory Single Initiation.
1997 STANDARD MECHANICAL CODE;
Section 103 Power and duties of the building official;
103.6 Requirements not covered by code. Any requirements necessary for the strength,
stability or proper operation of an existing or proposed building, structure, electrical, gas,
mechanical or plumbing system, or for the public safety, health and general welfare, not
specifically covered by this or the other technical codes, shall be determined by the building
official.
•
Section 304 Installation of HVAC and refrigeration equipment;
304.7.1 Condenser and compressor units. Foundations and support for condensing units or
compressor units shall be of substantial construction sufficient to support the load. When
used, wood exposed to the weather shall be pressure treated or approved wood of natural
resistance to decay in accordance with the Standard building Code. A.C. condensing unit
outside of main entrance to be set on level pad per manufacturers installation
instructions.
Section 501 General;
Exhaust Systems;
501.4 Independent system required. Mechanical exhaust from bath, toilet, urinal, locker,
service sink, closets and similar rooms shall be an independent system and shall not be re-
circulated unless treated by a listed or approved air treatment system. When exhaust systems
are used, they may be combined with similar exhaust except kitchen exhaust shall be on an
independent system. Power roof vents for toilet exhaust not operational. Service/check
combination bath light and exhaust fans. Some are unplugged inside housing and some
are not exhausting air.
1997 STANDARD GAS CODE;
Section 403 Appliance Connections to Building Piping;
403.1.2 Each gas appliance shall have an accessible gas shutoff valve or listed gas convenience
outlet located no farther than 6 ft (1829 mm) from the appliance, installed upstream from the
union, connector or quick-disconnect device they serve, and in the same room as the
appliance. This section shall not prohibit the use or the installation of gas shutoff valves in
the firebox of fireplaces serving listed gas decorative appliances. Gas valve at emergency
generator is missing.
1994 STANDARD PLUMBING CODE;
Section 409 Fixture types;
Floor Drains;
409.4.1.4 Floor drain trap seals subject to evaporation shall be of the deep-seal type of not less
than 4-inch (102mm) water seal or shall be fed from an approved plumbing fixture or by means
of an approved automatic priming device designed and approved for that purpose. Cap floor
drain at 4th floor corridor.
Section 606 Protection of Potable Water Supply;
606.1 Backflow. The water distribution system shall be protected against backflow. Every water
outlet shall be protected from backflow, preferably by having the outlet end from which the
water flows spaced a distance above the flood-level rim of the receptacle into which the
water flows sufficient to provide a "minimum required air gap" as defined in ANSI
A112.1.2. Where it is not possible to provide a minimum air gap, the water outlet shall be
equipped with an accessible backflow preventer complying with 606.2. Provide backflow
preventers on water supply.
606.2 Approval of Devices. Devices for the prevention of backflow or back-siphoning shall
comply with the standards listed in Table 606. Devises installed in a potable water supply for
protection against backflow shall be maintained in good working condition by the person or
persons having control of such devices. The plumbing official may inspect such devices and,
if they are found to be defective or inoperative, shall require the replacement thereof. All
devices for protection against where a high degree of hazard is involved should be tested
regularly by a person certified to make such a test. Only regular testing will assure that the
devices are in proper operating condition.
1997 STANDARD BUILDING CODE;
Section 1600 Wind Loads;
1606.1 Applications. All buildings, structures and parts thereof shall be designed to withstand
the appropriate wind loads prescribed herein. Decreases in wind loads shall not be made for the
effect of shielding by other structures. Wind pressures shall be assumed to act normal to the
surfaces considered. Doghouse covers for hot water pumps on roof not anchored.
Observation: 5 Life Safety violations involving building occupancy/public safety: Fire
Alarm disconnected - not functioning correctly. Fire sprinkler system disabled not
functioning. Electrical violations: water damaged electrical systems and equipment. Back-
up generator not operable/functioning not powering emergency back-up life-safety systems.
Exit/egress systems/doors and hardware not operating/opening correctly.
Inspection Report
Colony Plaza(North Tower)
2 14 2003
In attendance:Bob McDonald,Eddie Hendrix,James Washington,Ed Loefler,Butch Stanley,Michael
Wieland,and two Colony Plaza representatives.
Michael Patrick Wieland
Chief Plans Examiner
407 905 3100 ext. 1014
General Observations
1. Eddie Hendrix states South tower electrical is"good"per previous made fixes by Amber Electric.
2. Electrical Panel room @ North tower is O.K..
3. Generator used for life safety backup is to be replaced as stated by property representative.
4. Entire roof system to be replaced as stated by property representatives.
5. Roof drains acceptable as stated by Bob McDonald.
6. Elevator inspection last done 2001.
7. Mildew and Mold eradicated with present test being negative as stated by owner rep.Test reports
not presented at this meeting.
8. A/C mildew is to be addressed by owner rep.
9. Butch Stanley states he needs to proceed with fire alarm,smoke detector tests including lighting
and exit signage for emergency egress.
10. Owner rep. Stated a permit was pulled for all penetration sealing through fire rated walls.
11. Bathroom venting is done through a ground floor to roof fire rated chase,which has accumulated
mold and mildew in the chase.The chase has been altered by unsealed penetrations.This situation
has caused mildew/mold to spread.Also,the chase fire rating is diminished.
7th Floor Evaluation
1. Roof leakage evident.
2. Some wall fire spinklers have been deemed ineffective do to room modifications.
6th Floor Evaluation
1. Gypsum board removed from fire rated corridor walls.
2. Owner rep.states plumbing to be completely replaced at a future date.
3. Bath venting again showing mold in shaft.PVC drainage piping installed in venting shaft.
4. Fire rated corridor compromised by penetrations and electric work.
5th Floor Evaluation
1. Mildew again evident at shaft and penetrations.
2. Fire sprinkler penetrations are not sealed through fire rated corridor walls.
3rd Floor Evaluation
No new indications noted.
Penthouse Evaluation
1. No fire sprinklers installed.
2. .Open vent through ceiling found.
3. Romex wiring exposed in closet Ceiling.
4. Electrical conduit pulling apart.
5. Owner rep.states architect to do analysis of conditions.
� Centier of Good Livl
Mayor t2g Commissioners
Danny Howell, District 1
S. Scott Vandergriftrb�°'"" "` `
City Manager
Scott Anderson.Distxict 2
Va Rusty Johnson, District 3
Jim Gleason • f•_ Nancy J. Parker. District 4
MEMORANDUM
TO: Jim Washington,Building Official
FROM: Butch Stanley,Fire Inspector
DATE: February 17,2003
RE: Code Violations at Colony Plaza
Please be advised that the following life safety code violations are in a noncompliance in
reference to the north tower only.
1). Maintenance and Repairs to all extinguishing systems, fire hydrants, standpipe systems, fire
alarm or detection system, fire hose cabinets, and other protection systems. (1997 Standard Fire
Prevention Code, Section 603, 603.2.1, 603.2.2)
2). Smoke detectors that are operational in every unit. (1997 Standard Fire Prevention Code,
Section 603, 603.6.1)
3). Fire Extinguishing systems shall be operational. (1997 Standard Fire Prevention Code,
Section 603, 603.8.3,603.20.3, 603.20.4)
4). Post in each unit an exit way plan indicating primary and secondary exit routes. (1997
Standard Fire Prevention Code, Section 801, 801.1.5)
5). Exit illumination and signs shall be illuminated at all times when the building is occupied.
(1997 Standard Fire Prevention Code, Section 807, 807.1.1, 807.1.5, 807.2.5)
6). Portable fire extinguishers shall be maintained. (NFPA 10, 1-6.2)
7). Fire Alarm Supervisory Signal Initiation. (NFPA 72, 3-8.6.1)
8). Fire Fighters Service. (2001 Florida Fire Prevention Code,Chapter 6 6-3)
9). Obstructions to Sprinkler Discharge Pattern Development. (NFPA 13, 5-5.5.2)
The City of Ocoee• 150 N Lakeshore Drive•Ocoee.Florida 34761
phone:(407)905-3100•fax:(407)656-8504•www.ci.ocoee.fl.us
� Centet of Good Lir,. Commissioners
1\'lavor Danny Howell. District 1
..,:.,
S. Scott Vandergrift �`� `�_ Scott Anderson, District 2
C • - � � Rusty Johnson, District 3
City Manager •
Nancy J. Parker,District 4
Jim Gleason t z :`
MEMORANDUM
TO: Jim Washington,Building Official
FROM: Butch Stanley,Fire Inspector
DATE: February 17,2003
RE: Code Violations at Colony Plaza
Please be advised that the following life safety code violations are in a noncompliance in
reference to the south tower oniy.
1). Maintenance and Repairs to all extinguishing systems, fire hydrants, standpipe systems, fire
alarm or detection system, fire hose cabinets, and other protection systems. (1997 Standard Fire
Prevention Code,Section 603, 603.2.1, 603.2.2)
2). Smoke detectors that are operational in every unit. (1997 Standard Fire Prevention Code,
Section 603, 603.6.1)
3). Fire Extinguishing systems shall be operational. (1997 Standard Fire Prevention Code,
Section 603, 603.8.3,603.20.3, 603.20.4)
4). Post in each unit an exit way plan indicating primary and secondary exit routes. (1997
Standard Fire Prevention Code, Section 801, 801.1.5)
5). Exit illumination and signs shall be illuminated
uminattion 807, atall
1tims when
807.1.5, the80building
it ing is occupied.
(1997 Standard Fire Prevention Code, Se
6). Portable fire extinguishers shall be maintained. (NFPA 10, 1-6.2)
7). Fire Alarm Supervisory Signal Initiation. (NFPA 72, 3-8.6.1)
8). Fire Fighters Service. (2001 Florida Fire Prevention Code, Chapter 6 6-3)
The City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761
phone: (407)905-3100•far(407)656-8504•www.ci.ocoee.fl.us
EXIT IL IT, 'D
Site Issues List
1. Increase the radii at the entryway to SR 50.
2. The entry sign on SR 50 needs to Land Development Code requirements.
3. The landscaping at the entry needs to be upgraded to meet the code with more
over-story trees.
4. The ball lights at the entry-way needs to be replaced with shielded lighting
fixtures that meet the code.
5. The overhead wiring along SR 50 needs to be underground.
6 The landscaping along the front of the site along SR 50 needs to be enhanced with
more shrubs and under story trees to meet Code requirements.
7. The first bay of parking at the entrance to SR 50 encompassing four parking spaces
needs to be moved and turned into green space with appropriate landscaping.
8. In the front parking lot along SR 50 linear islands need to be created for
landscaping.
9. All of the lighting fixtures in the parking lot need to be replaced with decorative
black fixtures with shielded lights per the code.
10.All the landscaping within the parking lot within the existing islands need to meet
current code requirements.
11.The eastern boundary of the site needs to have landscaping upgraded to meet the
side buffer requirements of the landscape code.
12. The back pro preventer at the rear of the parking lot needs to be screened with
landscaping.
13.A enclosure needs to be created for the dumpsters. There probably needs to be at
least two openings where there are dumpsters.
14. The chain link fencing that is adjoining the building needs to be replaced with
decorative black metal (aluminum) fencing.
15.The maintenance area fencing needs to be replaced with either a masonry wall or
some type of maintenance free vinyl fencing or similar material.
16.The landscaping immediately adjoining the building needs to be enhanced with
SAR:111047:1
additional under story trees and better shrubbery to meet general code standards.
17.All of the exterior light fixtures for the building itself need to be checked to be
sure that they do not create glare and that they are shielded from the road.
18.The inlets within the front parking lot need to be cleaned out or repaired to meet
the original code requirements provided that no other jurisdictional approvals
(other than the City) and the parking lot needs to be resurfaced so that the
drainage can flow properly to the inlets.
19.The entire front parking lot also needs to be patched and repaired and curbing
repaired where,appropriate prior to resurfacing and re-striping within the parking
lot.
20.The parking lot needs to be re-striped per the new code, current striping looks
generally adequate, however,this might change once additional landscaping
islands are placed within the parking lot and linear Islands are installed.
21.The entire western boundary of the site landscaping needs to be cleaned up and
additional shrubs and over story trees planted to replace any trash trees that are
removed.
22. The front landscaping program needs to provide for a significantly greater
number of over story trees to augment the many Palm Trees that are currently in
existence.
23.The second canopy structure at the side of the hotel is leaking significantly and
the roof needs to be repaired.
24.The inlets for the side and rear parking lot appear to be Inadequate in size and
number to handle the storm water run-off from the parking lot.
25.The storm water management system for the hotel needs to be checked to
ascertain where the storm water is actually flowing to it was not evident that there
is a storm water pond on the property and this water is apparently untreated and
may just exit onto surrounding roadways. This needs to be verified.
26. There is a large lanced-in overgrown area to the side of the hotel along Maguire
Road that may be the storm water management pond for the site, This whole site
needs to be cleaned up, and if it is a storm water pond,the pond needs to be
refurbished to meet storm water management requirements.
27. At the rear of the hotel there are large electrical transformers and a generator that
needs to be screened with masonry fencing and shrubbery.
28. All of the rear and side parking areas need to be patched and resurfaced and re-
striped.
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29. All of the landscaping surrounding the building needs to be renovated and
additional landscaping installed to meet code standards including the landscaped
island in the rear parking lot.
30. In lieu of providing all of the required intermittent landscape islands in the rear
parking Jot, additional landscaping should be installed along the entire southern
boundary of the property adjoining the parking lot.
31. The maintenance shed at the rear of the building should be renovated and painted
to match the building and additional landscaping installed next to the building.
32.The site should provide for a possible feature cross connection to the property to
the west near the maintenance structures.
33. The dumpsters on the south side of the property should be screened within an
enclosure and surrounded with landscaping.
34. The existing wooden fence on the south side of the building should be replaced
with masonry or a decorative metal fence and landscaped.
35. The existing chain link fence on the south side of the building should be replaced
with decorative metal.
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36. The tennis court fencing should be painted black and additional landscaping
installed around the facility.
37. The Colony Plaza sign on the top of the building should be checked for structural
adequacy to ensure that it can withstand current wind load standards.
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38. The security light fixtures existing on portions of the building should be replaced
with shielded light fixtures.
39. Any exposed equipment around the edges of the building or the pool area should
be screened with masonry screen enclosures and landscaping.
40. The site undoubtedly needs an upgraded or new irrigation system to adequately
maintain all of the landscape materials.
41.All of the sod within this site needs to be brought into reasonably good condition.
42.Any loading zones at the rear or side of the building need to be screened from
view with masonry enclosures and landscaping.
43.Any signage to be installed on the Maguire Road side of the site needs to meet
current code standards.
44.Provisions should be made for a cross access to properties to the south of the site.
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45.The entry at Maguire Road should be expanded to provide for one lane in and
two lanes out
46.The site needs to have internal walk-ways that lead from the hotel out to the
public sidewalks along Maguire Road and SR 50.
47.The site needs to provide cross access to the future gas station at the corner of 50
and Maguire.
48.The redevelopment plan needs to provide for a minimum of 10 to 12 feet of
additional right-of-way along Maguire Road to permit the construction of an
additional turn lane at the intersection of SR 50 and Maguire Road to the extent
such property is owned by Owner.
50.To the extent owned by Owner,the existing entryway along Maguire Road needs
to be moved approximately 20 feet south to split the property line on the east side
of the roadway.
51.The existing light poles at the Maguire Road entry need to be replaced with
lighting fixtures that meet current coda standards.
52.At the entry-way on to Maguire Road, an additional shared joint access easement
may be needed to serve the property to the south, and the Owner will cooperate
in providing such reasonable easement rights.
54.All of the items that are listed herein need to be reflected on a site plan with
specifications and, if applicable, additionally any possible future out parcel lots
that are intended to be platted need to be showrrto ensure that there is adequate
parking and storm water management for those out parcels prior fo their
development.
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