HomeMy WebLinkAboutO-21-05 Building RegulationsORDINANCE NO.0-21-05
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY OF
SEBASTIAN CODE OF ORDINANCE CHAPTER 26 BUILDINGS AND BUILDING
REGULATIONS; AMENDING ARTICLE II. — BUILDING CODE SECTION 26-31. —
TECHNICAL CODES ADOPTED; AMENDING ARTICLE VI. — CONTRACTORS
DIVISION 1. - GENERALLY SECTION 26-168. - RENEWAL OF CERTIFICATE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING
FOR CONFLICTS; PROVIDING FOR SCRIVENERS ERRORS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on December 31, 2021 the 2020 7`" Edition of the Florida Building Code
came into effect which allows local adoption of Chapter 1 Administrative Code; and
WHEREAS, The Building Officials Association of Florida provides a model Chapter 1
Administrative Code to be used by jurisdictions to provide consistency throughout the slate;
and
WHEREAS, The City of Sebastian Construction Board has reviewed the model
Chapter 1 Administrative Code and has unanimous recommendation for approval to City
Council from 3/912021: and
WHEREAS, The City of Sebastian Construction Board has requested that Section 26-
168 be amended to provide an alternate method to re -activate an inactive Certificate of
Competency that includes an approval by the Construction Board; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Section 2631 (a) (1) is hereby amended to incorporate the 2020 7� Edition of the
Model Administrative Code as follows:
ARTICLE II. - BUILDING CODE
Sec. 26-31. - Technical codes adopted
(a) The City does hereby adopt as building codes for the City the below -listed editions, copies of
which are on file in the office of the building department and which shall be accessible to the
public upon request during the normal business hours. Such codes, which shall be referred
to as the standard codes, are hereby made a part of the Code of Ordinances of the City
subject only to specific additions, deletions or amendments set out in the Code of
Ordinances, provided, however, the latest editions set forth in the Florida Statutes, as the
same may be amended from time to time, shall apply:
(1) Florida Building Code, less and except Chapter 1, Administration; and Chapter 1, Model
Administrative Code 2020, Building Officials Association of Florida.
(2) NFPA 70: National Electrical Code
(3) Florida Fire Prevention Code.
(4) Unsafe Structures Abatement Code of the City of Sebastian.
For purposes of determining compliance with the Florida Building Code, the City adopts the
following design strength wind speeds for risk categories I —IV as set forth in section 1609 and
figures 1609 A, B, C. Specifically shown in "Indian River County Ultimate Design Wind Speeds
Map" available at the building department.
Risk Category l: 150 mph.
Risk Category/k 160 mph.
Risk Category Ill and IV: 170 mph.
(b) Future editions of the standard codes shall be reviewed by the building official and shall be
presented to the City Council for consideration of adoption and incorporation herein within
90 days of publication thereof.
(c) No construction shall be done within the city limits except in accordance with the standard
codes listed in this section, as amended and/or expanded by the applicable provisions of
this Code.
(d) The Construction Board established pursuant to section 26-191 of the City Code of
Ordinances shall serve as the board of appeals to hear and decide appeals of orders,
decisions or determinations by the building official relative to the application and
interpretation of the this code and the standard codes adopted by the City.
Section 2. Section 26-168 (c) is hereby amended to provide a process to reinstate a Certificate
of Competency that has been inoperative for over three years as follows:
ARTICLE VI. — CONTRACTORS
DIVISION 1.—GENERALLY
Sec. 26-168. - Renewal of certificate.
(a) Certificates shall expire annually at midnight at the end of the fiscal year of the City.
(b) Failure to renew the certificate during the last month of the fiscal year of the City shall cause
the certificate to become inoperative, and it shall be unlawful from the beginning of the
following fiscal year of the City for any persons to engage or offer to engage or hold himself
out as engaging in contracting under a certificate unless the certificate is restored or
reissued.
(c) A certificate which is inoperative because of failure to renew shall be restored on payment of
the proper renewal fee. A penalty fee of ten percent shall be assessed if not renewed within
15 days from the date of expiration. A penalty of 20 percent shall be assessed if renewed
within 180 days from the date of expiration. If the application for restoration is not made
within the 180-day period but before the next fiscal year of the City, the fee for restoration
shall be equal to the original application fee plus penalty. If the application for restoration is
not made before the beginning of the next fiscal year of the City, the fee for restoration shall
be double the original renewal fee and in addition the Board may require reexamination of
the applicant. A certificate which is not renewed within three full years after expiration may
not be renewed, restored or reinstated thereafter except for the following: The applicant
must show good cause for the delay in the renewal of the certificate, pay a restoration fee
which is double the renewal fee for each year unpaid, must be approved by the Construction
Board and, at its discretion, may require the reexamination of the applicant.
(d) A person who holds a valid certificate from the Board may go on inactive status during which
time he shall not engage in contracting but may retain his certificate on an inactive basis on
payment of an annual renewal fee during the inactive period, as established by resolution of
the City Council. An inactive certificate can be activated only by application to and approval
of the Board, on the proper forms.
Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine that
any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it
shall be presumed that the City Council of the City of Sebastian did not intend to enact such
invalid provision. It shall further be assumed that the City Council would have enacted the
remainder of this Ordinance without said invalid provision, thereby causing said remainder to
remain in full force and effect.
Section 4. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the Sebastian
City Council that the provisions of this ordinance shall become and be made a part of the City of
Sebastian's Code of Ordinances, and that the sections of this ordinance may be renumbered or
releftered and the word "ordinance" may be changed to "section," "article," "regulation," or such
other appropriate word or phrase in order to accomplish such intentions.
Section 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 6. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re -
lettered and corrections of typographical errors which do not affect the intent may be authorized
by the City Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected or re -codified copy of same with the City Clerk.
Section 7. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City
Council.
The foregoing Ordinance was moved for adoption by Councilmember Nunn .The
motion was seconded by Councilmember McPartlan and, upon being put to a vote,
the vote was as follows:
Mayor Ed Dodd
aye
Vice -mayor Jim Hill
absent
Councilmember Christopher Nunn
aye
Councilmember Fred Jones
aye
Councilmember Bob McPartlan
aye
The Mayor thereupon declared this Ordinance duly passed and adopted on this 12'h day of May,
2021.
4anCetEteWilliaims,
ATTTEST: City Clerk
CITY OF SEBASTIAN, FLORIDA
By:
Ed Dod ;; a
Approved as to form and legality for
reliance by the City of Seba 'an
only:
�I� ny on, Jr., ' y ttorney