HomeMy WebLinkAboutO-12-08AMENDED
ORDINANCE NO. 0-12-08
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING,
REVISING AND UPDATING CHAPTER 26 OF THE CODE OF ORDINANCES
RELATING TO BUILDING AND BUILDING REGULATIONS; PROVIDING
FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE.
WHEREAS, the Florida Building Code 2010 is the most recent code edition and has
an effective date of March 15, 2012; and
WHEREAS, the latest edition of the Florida Building Code includes significant
changes to wind speed maps and design calculations making it necessary to amend the
City Code of Ordinances to be consistent with the Florida Building Code provisions and
the rest of Indian River County; and
WHEREAS, other areas within Chapter 26 that require modifications and
amendments to current standards are included; and
WHEREAS, the Sebastian Construction Board has reviewed the proposed
amendments and modifications at its June 20, 2012 meeting, and recommend adoption
of the same;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 26 of the Code of Ordinances of the City of
Sebastian, Sections 26-1 through 26-210, is hereby amended in its entirety to read as
follows:
"ARTICLE I. IN GENERAL
Sec. 26-1. - Floor elevations.
(a) The minimum floor elevation of residential, duplex, multiple-family
residences, motels, or hotels constructed in the city shall be no less than 18 inches
above the crown of the abutting improved street, and no less than six feet above mean
sea level, whichever is the higher elevation. Specific standards for properties located in
a flood Zone shall be in accordance with chapter 46 Floods.
(b) The minimum floor elevation of commercial and industrial structures,
private or public garages, cabanas, utility rooms, storage rooms and similar structures
constructed in the city shall be no less than six inches above the crown of the abutting
improved street. The elevations of floors where alley right-of-way exists shall not be less
than six inches above alley paving. The floor elevation cited under subsection (a} of this
section shall comply with the elevations specified in this subsection and shall be no less
than six feet above mean sea level, whichever is the higher elevation. Specific standards
for properties located in a flood Zone shall be in accordance with chapter 46 Floods.
�
(c) The federal flood insurance rate maps, as amended, for the city are
hereby incorporated into this Code by specific reference, a copy of which shall be
available for inspection by the public in the office of community development.
Sec. 26-2. - Blockage or unreasonable obstruction of flow of water prohibited.
It shall be unlawful to block or unreasonably obstruct the natural flow of water or
designed drainage of water by any means, including construction, excavation, or fill of
land. During any construction activity involving clearing or fill, the perimeter of the
property shall be secured with a silt barrier meeting the standards of the water
management district for such devices.
Upon discovery of unreasonable obstructions to a public drainage facility during
construction, on the first such incident a stop work order shall be issued for the job site
and the contractor shall be given notice to restore the functional flow of water within 24
hours. If the drainage problem is not remedied within the 24 hours, the contractor shall
be given a citation in the initial amount of $500.00, and an additional fine shall be levied
in said amount for each 24 hour period thereafter until the obstruction is completely
remedied. Subsequent violation shall result in an immediate citation without warning in
accordance with this fine schedule. Additionally, no building code inspections will be
performed on a property found in violation of this section until it comes back into
compliance.
Any structure, driveway, pipe excavation, or fill of land in violation of this section
for more than 48 hours may be brought into compliance with this section by the city. The
costs thereof shall be charged to both the contractor and owner and, if unpaid after three
days, shall constitute a lien upon the property equal in dignity to the lien for taxes.
Appeals of any such citation shall be made to the construction board and must
be filed within 48 hours. The appeal shall be limited to the factual issues going to the
validity of the violation or the existence of prior violations.
Upon failure to pay citations or liens imposed under this section within three days
of issuance or, if appealed, within three days of resolution of such appeal, no permits
shall be issued for work in the city to the person owing such amounts.
Sec. 26-3. - Location of portable sanitary facilities.
It shall be a condition of every building permit that any temporary sanitary facilities, such
as portable toilets, be located at every construction site but shall not be placed within a
public right-of-way in a manner that impedes the normal flow of traffic or obstructs
sidewalks, or within ten (10) feet of a waterway.
Sec. 26-4. - Trash receptacle required at site.
It shall be a condition of every building permit that enclosed containers be
located at the construction site sufficient for the storage and collection of loose debris,
paper, building waste or other trash produced by those working on the site. In no event
shall said trash receptacles be located with the right-of-way or drainage improvements.
The number of containers required at the work site, and the frequency of disposal
thereof shall be determined in the sound discretion of the building inspector, based upon
the volume of refuse produced.
2
Construction materials or other debris cast or scattered upon any adjacent public
or private property as a result of construction activities shall be removed by the
contractor not later than the end of each work day, or earlier if said materials cause a
nuisance. Is the sound discretion of the building official.
Sec. 26-5. - Maximum fill elevations.
(a) The maximum elevation to which fill may be placed upon a construction
site to be served by a septic system shall be one foot above either the elevation set for
the septic tank by the health department, or the applicable minimum floor elevation
pursuant to section 26-1, above, whichever is greater.
(b) The maximum elevation to which fill may be placed upon a construction
site not served by a septic system shall be one foot above the applicable minimum floor
elevation pursuant to section 26-1, above.
Sec. 26-6. - Hours of construction limitations.
Construction activities within the city limits shall only be allowed during the hours
of 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 5 p.m. on Saturday and
Sunday.
Sec. 26-7. - Display of building numbers.
(a) Definition of building. For purposes of this section, the term "building"
shall include any structure that is designed for people to occupy or is designed for the
storage of goods in connection with a commercial, charitable, civic or religious activity.
The "building" shall be deemed to include a residence, a structure used in connection
with any business, and including a warehouse, but shall not include a residential garage
or a residential accessory building which is not used by any persons for purposes of
conducting a business or for purposes of sleeping.
(b) Display of building numbers required. All buildings shall have the
assigned address number displayed in a manner such that the building number is visible
from the public or private street on which the building fronts, regardless of whether mail
is delivered to the building. The address number to be displayed pursuant to this section
shall be the address number assigned by the city, and no other address number shall be
displayed except in accordance with the requirements of subsection (g) hereof.
(c) Condition of release of certificate of occupancy. A certificate of occupancy
will be not be issued for a new building until the address number has been displayed in
accordance with the provisions of this section.
(d) Timing of required compliance. All existing buildings which are not in
compliance with the provisions of this section shall be brought into compliance by the
owner of any such building within 14 days after the owner is provided with written notice
of noncompliance by the city.
(e) Criteria governing compliance. A building shall be considered in
compliance with the provisions of this section if the following criteria have been met:
3
(1) The address number is in Arabic numerals that are clear and in good
condition;
(2) The material utilized for the number is constructed of weather resistant
material and permanently affixed to the building or sign upon which it is
displayed;
(3) The color and type of material which forms the address number is such
that the address number is legible and reasonably identifiable from the
street or improved right-of-way upon which the building fronts;
(4) Residential buildings shall have the address number that is at least four
inches in height;
(5) Commercial and industrial buildings shall have its address number at
least five inches in height;
(6) All buildings which have a monument sign on the same lot or parcel of
land where the building is located shall display their address number on
such sign and said address numbers shall not be parallel to the street and
shall be on both sides of a two-sided sign.
(fl Lots with more than one building. In addition to the criteria set forth in
subsection (e) hereof, if the owner of a parcel of a lot or tract of real property which has
only one street address has more than one building located on that lot or tract or real
property, then each building shall have a unit number assigned to it and the unit number
shall be displayed in a manner that allows it to be observed from the street or improved
road right-of-way upon which each such building fronts and in close proximity to the
main entrance to each such building.
(g) Lots with a building having more than one unit. If a building, which has a
single street address, has more than one residential unit, commercial unit or industrial
unit, each such unit shall be assigned a separate number and each separate unit shall
display its own unit number on or directly next to its main entrance for that unit. Each unit
number shall be not less than five inches in height. The requirements of this paragraph
are in addition to the requirements set forth in subsection (e) hereof.
Sec. 26-8. - Securing site during hurricane watch.
(a) Within 24 hours of issuance of an official hurricane watch or warning
within the city limits, all contractors are required to secure construction sites under their
control by:
(1) Removing all loose materials susceptible to becoming airborne during a
storm;
(2) Taking reasonable measures to secure any structures or partially
completed structures against wind intrusion; and
4
(3) Restoring normal drainage flow through any swales on the site, or
adjacent swales impacted by construction.
The city manager is authorized to promulgate, subject to council override by resolution,
reasonable regulations having the legal effect of law to establish reasonable standards
hereunder for securing a construction site.
(b) Violations hereof shall subject the contractor to penalties ranging from a
fine of up to $1,000.00 per site, suspension of a contractor license for up to six months,
or both. Actions for enforcement hereof shall be heard exclusively by the city
construction board. Prior warning is not a condition precedent to the bringing of an
enforcement action hereunder, and lack of actual notice of the existence of a hurricane
watch or warning shall not be considered a defense in an action for enforcement.
Secs. 26-9-26-30. - Reserved.
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 of the
community development department. 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 2010, 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 I: 150 mph
Risk Category II: 160 mph
Risk Category III 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.
Sec. 26-32. - Reserved.
Sec. 26-33. - Building official; appointment, qualifications and duties.
(a) There shall be a building official for the city, who shall be appointed by
and serve at the pleasure of the city manager.
(b) The building official shall be qualified by education and training in
accordance with state law to perform the duties of his office.
(c) The building official shall have authority to receive applications and issue
building permits and to enforce the building code, building ordinances and
standard codes adopted by the city. Neither the building official nor anyone under
his or her direction shall enter any private property without the consent of the
owner. The repair, vacation or demolition of unsafe buildings or structures shall
be handled pursuant to the unsafe structures abatement code, as amended
herein.
Sec. 26-34. - Unsafe Structures Abatement Code
(a) Unsafe buildings and structures shall be abated according to the provisions of
the International Property Maintenance Code 2012 editions, promulgated by the
International Code Council, Inc., subject to all amendments, modifications, or deletions
hereinafter contained.
26-34.01 — Title.
(a) Title. These regulations shall be known as the
Unsafe Structures Abatement Code of the City of Sebastian, hereinafter referred to as
"this code."
(b)Scope. The provisions of this code shall apply to all existing residential and
nonresidential structures and all existing premises and constitute minimum requirements
and standards for premises, structures, equipment and facilities for protection from the
elements, life safety, safety from fire and other hazards, and for safe and sanitary
maintenance; the responsibility of owners, operators and occupants; the occupancy of
existing structures and premises, and for administration, enforcement and penalties.
(c)Intent. This code shall be construed to secure its expressed intent, which is to ensure
public health, safety and welfare insofar as they are affected by the continued
occupancy and maintenance of structures and premises. Existing structures and
premises that do not comply with these provisions shall be altered or repaired to provide
0
a minimum level of health and safety as required herein. Repairs, alterations, additions
and change of occupancy in existing buildings shall comply with the Florida Existing
Building Code.
(d) Severability. If a section, subsection, sentence, clause or phrase of this code is, for
any reason, held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this code.
26-34.02 — Applicability
(a) General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall govern. Where, in a specific case, different
sections of this code specify different requirements, the most restrictive shall govern.
(b) Maintenance. Equipment, systems, devices and safeguards required by this code or
a previous regulation or code under which the structure or premises was constructed,
altered or repaired shall be maintained in good working order. No owner, operator or
occupant shall cause any service, facility, equipment or utility which is required to be
removed from or shut off from or discontinued for any occupied dwelling, except for such
temporary interruption as necessary while repairs or alterations are in progress. The
requirements of this code are not intended to provide the basis for removal or abrogation
of fire protection and safety systems and devices in existing structures. Except as
otherwise specified herein, the owner or the owner's designated agent shall be
responsible for the maintenance of buildings, structures and premises.
(c) Application of other codes. Repairs, additions or alterations to a structure, or
changes of occupancy, shall be done in accordance with the procedures and provisions
of the Florida Existing Building Code. Nothing in this code shall be construed to cancel,
modify or set aside any provision of the standard codes adopted by the City of
Sebastian.
(d) Existing remedies. The provisions in this code shall not be construed to abolish or
impair existing remedies of the jurisdiction or its officers or agencies relating to the
removal or demolition of any structure which is dangerous, unsafe and unsanitary.
(e) Workmanship. Repairs, maintenance work, alterations or installations which are
caused directly or indirectly by the enforcement of this code shall be executed and
installed in a workmanlike manner and installed in accordance with the manufacturer's
instructions.
(fl Historic buildings. The provisions of this code shall not be mandatory for existing
buildings or structures designated as historic buildings when such buildings or structures
are judged by the code official to be safe and in the public interest of health, safety and
welfare.
(g) Requirements not covered by code. Requirements necessary for the strength,
stability or proper operation of an existing fixture, structure or equipment, or for the
public safety, health and general welfare, not specifically covered by this code, shall be
determined by the code official.
7
(h) Other laws. The provisions of this code shall not be deemed to nullify any provisions
of local, state or federal law.
26-34.03 — Definitions
(a) Scope. Unless otherwise expressly stated, the following terms shall, for the
purposes
of this code, have the meanings shown in this chapter.
(b) Interchangeability. Words stated in the present tense include the future; words
stated
in the masculine gender include the feminine and neuter; the singular number includes
the plural and the plural, the singular.
(c)Terms defined in other codes. Where terms are not defined in this code and are
defined in the Florida Building Code, Florida Fire Prevention Code or Code of
Ordinances of the City of Sebastian, such terms shall have the meanings ascribed to
them as stated in those codes.
(d) Terms not defined. Where terms are not defined through the methods authorized by
this section, such terms shall have ordinarily accepted meanings such as the context
implies.
(e) Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building,"
"rooming house," "rooming unit," "housekeeping unit" or "story" are stated in this code,
they shall be construed as fhough they were followed by the words "or any part thereof."
26-34.04 — General definitions
Anchored. Secured in a manner that provides positive connection.
Approved. Approved by the building official.
Basement. That portion of a building which is partly or completely below grade.
Bathroom. A room containing plumbing fixtures including a bathtub or shower.
Bedroom. Any room or space used or intended to be used for sleeping purposes in
either a dwelling or sleeping unit.
Building official. The official who is charged with the administration and enforcement of
this code, or any duly authorized representative.
Detached. When a structural element is physically disconnected from another and that
connection is necessary to provide a positive connection.
Deterioration. To weaken, disintegrate, corrode, rust or decay and lose effectiveness.
Dwelling unit. A single unit providing complete, independent living facilities for one or
more persons, including permanent provisions for living, sleeping, eating, cooking and
sanitation.
Easement. That portion of land or property reserved for present or future use by a
person or agency other than the legal fee owner(s) of the property. The easement shall
be permitted to be for use under, on or above a lot or lots.
Exterior property. The open space on the premises and on adjoining property under
the control of owners or operators of such premises.
Guard. A building component or a system of building components located at or near the
open sides of elevated walking surfaces that minimizes the possibility of a fall from the
walking surface to a lower level.
E�3
Habitable space. Space in a structure for living, sleeping, eating or cooking. Bathrooms,
toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered
habitable spaces.
Imminent danger. A condition which could cause serious or life-threatening injury or
death at any time.
Infestation. The presence, within or contiguous to, a structure or premises of insects,
rats, vermin or other pests.
Labeled. Equipment, materials or products to which have been affixed a label, seal,
symbol or other identifying mark of a nationally recognized testing laboratory, inspection
agency or other organization concerned with product evaluation that maintains periodic
inspection of the production of the above-labeled items and whose labeling indicates
either that the equipment, material or product meets identified standards or has been
tested and found suitable for a specified purpose.
Let for occupancy or Let. To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or
is not the legal owner of record thereof, pursuant to a written or unwritten lease,
agreement or license, or pursuant to a recorded or unrecorded agreement of contract for
the sale of land.
Neglect. The lack of proper maintenance for a building or structure.
Occupancy. The purpose for which a building or portion thereof is utilized or occupied.
Occupant. Any individual living or sleeping in a building, or having possession of a
space within a building.
Openable area. That part of a window, skylight or door which is available for
unobstructed ventilation and which opens directly to the outdoors.
Operator. Any person who has charge, care or control of a structure or premises which
is let or offered for occupancy.
Owner. Any person, agent, operator, firm or corporation having a legal or equitable
interest in the property; or recorded in the official records of the state, county or
municipality as holding title to the property; or otherwise having control of the property,
including the guardian of the estate of any such person, and the executor or
administrator of the estate of such person if ordered to take possession of real property
by a court.
Person. An individual, corporation, partnership or any other group acting as a unit.
Pest elimination. The control and elimination of insects, rodents or other pests by
eliminating their harborage places; by removing or making inaccessible materials that
serve as their food or water; by other approved pest elimination methods.
Premises. A lot, plot or parcel of land, easement or public way, including any structures
thereon.
Public way. Any street, alley or similar parcel of land essentially unobstructed from the
ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to
the public for public use.
Rooming house. A building arranged or occupied for lodging, with or without meals, for
compensation and not occupied as a one- or two-family dwelling.
Rooming unit. Any room or group of rooms forming a single habitable unit occupied or
intended to be occupied for sleeping or living, but not for cooking purposes.
Sleeping unit. A room or space in which people sleep, which can also include
permanent provisions for living, eating and either sanitation or kitchen facilities, but not
both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
Strict liability offense. An offense in which the prosecution in a legal proceeding is not
required to prove criminal intent as a part of its case. It is enough to prove that the
E
defendant either did an act which was prohibited, or failed to do an act which the
defendant was legally required to do.
Structure. That which is built or constructed or a portion thereof.
Tenant. A person, corporation, partnership or group, whether or not the legal owner of
record, occupying a building or portion thereof as a unit.
Toilet room. A room containing a water closet or urinal but not a bathtub or shower.
Ventilation. The natural or mechanical process of supplying conditioned or
unconditioned air to, or removing such air from, any space.
Workmanlike. Executed in a skilled manner; e.g., generally plumb, level, square, in line,
undamaged and without marring adjacent work.
Yard. An open space on the same lot with a structure.
26-34.05 — Duties and powers of the building official
(a) General. The building official is hereby authorized and directed to enforce the
provisions of this code. The building official shall have the authority to render
interpretations of this code and to adopt policies and procedures in order to clarify the
application of its provisions. Such interpretations, policies and procedures shall be in
compliance with the intent and purpose of this code. Such policies and procedures shall
not have the effect of waiving requirements specifically provided for in this code.
(b) Inspections. The building official shall make all of the required inspections, or shall
accept reports of inspection by approved agencies or individuals. All reports of such
inspections shall be in writing and be certified by a Florida licensed Architect or
Engineer. The building official is authorized to engage such expert opinion as deemed
necessary to report upon unusual technical issues that arise, subject to the approval of
the appointing authority.
(c) Right of entry. Where it is necessary to make an inspection to enforce the
provisions of this code, or whenever the building official has reasonable cause to believe
that there exists in a structure or upon a premises a condition in violation of this code,
the building official is authorized to enter the structure or premises at reasonable times
to inspect or perform the duties imposed by this code, provided that if such structure or
premises is occupied the building official shall present credentials to the occupant and
request entry. If such structure or premises is unoccupied, the building official shall first
make a reasonable effort to locate the owner or other person having charge or control of
the structure or premises and request entry. If entry is refused, the building official shall
have recourse to the remedies provided by law to secure entry.
(d) Identification. The building official or appointee shall carry proper identification when
inspecting structures or premises in the performance of duties under this code.
26-34.06 — Violations
(a) Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict
with or in violation of any of the provisions of this code.
(b) Notice of violation. The building official shall serve a notice of violation or order in
accordance with Section 26-34.07.
10
(c) Prosecution of violation. Any person failing to comply with a notice of violation or
order served in accordance with Section 26-34.07 shall be deemed guilty of a
misdemeanor or civil infraction as determined by the local municipality, and the violation
shall be deemed a strict liability offense. If the notice of violation is not complied with, the
building official shall institute the appropriate proceeding at law or in equity to restrain,
correct or abate such violation, or to require the removal or termination of the unlawful
occupancy of the structure in violation of the provisions of this code or of the order or
direction made pursuant thereto. Any action taken by the authority having jurisdiction on
such premises shall be charged against the real estate upon which the structure is
located and shall be a lien upon such real estate.
(d) Violation penalties. Any person who shall violate a provision of this code, or fail to
comply therewith, or with any of the requirements thereof, shall be subject to prosecution
in accordance with state or local laws. Each day that a violation continues after due
notice has been served shall be deemed a separate offense.
(e) Abatement of violation. The imposition of the penalties herein prescribed shall not
preclude the legal officer of the jurisdiction from instituting appropriate action to restrain,
correct or abate a violation, or to prevent illegal occupancy of a building, structure or
premises, or to stop an illegal act, conduct, business or utilization of the building,
structure or premises.
26-34.07 — Notices and orders
(a) Notice to person responsible. Whenever the building official determines that there
has been a violation of this code or has grounds to believe that a violation has occurred,
notice shall be given in the manner prescribed in Sections 26-34.07(b) and 26-34.07(c)
to the person responsible for the violation as specified in this code. Notices for unsafe
structure procedures shall also comply with Section 26-34.08(h).
(b) Form. Such notice prescribed in Section 26-34.07(a) shall be in accordance with all
of the following:
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is being issued.
4. Include a correction order allowing a reasonable time to make the repairs and
improvements required to bring the building or structure into compliance with the
provisions of this code.
5. Inform the property owner of the right to appeal.
6. Include a statement of the right to file a lien in accordance with Section 26-34.06(c).
(c) Method of service. Such notice shall be deemed to be properly served if a copy
thereof is:
1. Delivered personally to the owner;
2. Sent by certified or first-class mail addressed to the last known address of the owner,
according to the official records of the Indian River County Property Appraiser or
3. If the notice is returned showing that the letter was not delivered, a copy thereof shall
be posted in a conspicuous place in or about the structure affected by such notice.
(d) Penalties. Penalties for noncompliance with orders and notices shall be as set forth
in Section 26-34.06(d).
11
(e) Transfer of ownership. It shall be unlawful for the owner of any building or structure
who has received a compliance order or upon whom a notice of violation has been
served to sell, transfer, mortgage, lease or otherwise dispose of such building or
structure to another until the provisions of the compliance order or notice of violation
have been complied with, unless such owner shall first furnish the grantee, transferee,
mortgagee or lessee a true copy of any compliance order or notice of violation issued by
the building official and shall furnish to the building official a signed and notarized
statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt
of such compliance order or notice of violation and fully accepting the responsibility
without condition for making the corrections or repairs required by such compliance
order or notice of violation.
26-34.08 — Unsafe structures and equipment
(a) General. When a structure or equipment is found by the building official to be unsafe,
or when a structure is found unfit for human occupancy, or is found unlawful, such
structure shall be declared unsafe pursuant to the provisions of this code.
(b) Unsafe structures. An unsafe structure is one that is found to be dangerous to the
life, health, property or safety of the public or the occupants of the structure by not
providing minimum safeguards to protect or warn occupants in the event of fire, or
because such structure contains unsafe equipment or is so damaged, decayed,
dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that
it is not capable of resisting winds or similar loads as required by the Florida Building
Code or partial or complete collapse is possible.
(c) Unsafe equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable liquid containers or
other equipment on the premises or within the structure which is in such disrepair or
condition that such equipment is a hazard to life, health, property or safety of the public
or occupants of the premises or structure.
(d) Structure unfit for human occupancy. A structure is unfit for human occupancy
whenever the building official finds that such structure is unsafe, unlawful or, because of
the degree to which the structure is in disrepair or lacks maintenance, is unsanitary,
vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination,
sanitary or heating facilities or other essential equipment required by the Florida Building
Code, or because the location of the structure constitutes a hazard to the occupants of
the structure or to the public.
(e) Unlawful structure. An unlawful structure is one found in whole or in part to be
occupied by more persons than permitted under the standard codes of the City of
Sebastian, or was erected, altered or occupied contrary to law.
(fl Unsafe structure or premises. For the purpose of this code, any structure or
premises that has any or all of the conditions or defects described below shall be
considered unsafe:
1. Any door, aisle, passageway, stairway, exit or other means of egress that does not
provide a safe path of travel in case of fire or panic.
2. Any portion of a building, structure or appurtenance that has been damaged by fire,
earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any
12
other cause to such an extent that the structural integrity of the building or structure
is less than it was prior to the damage and is less than the minimum requirements
established by the Florida Building Code for new buildings or it is likely to partially or
completely collapse, or to become detached or dislodged.
3. Any portion of a building, or any member, appurtenance or ornamentation on the
exterior thereof that is not of sufficient strength or stability, or is not so anchored,
attached or fastened in place so as to be capable of resisting wind, or similar loads
as required by the Florida Building Code for new buildings.
4. Any building or structure, or any portion thereof, is clearly unsafe or unsanitary for its
use and occupancy.
5. Any building or structure that is neglected, damaged, dilapidated, unsecured or
abandoned so as to become an attractive nuisance to children who might play in the
building or structure to their danger or enables persons to resort to the building or
structure for committing a nuisance or an unlawful act.
6. Any building or structure that has been constructed, exists or is maintained in
violation or prohibition of any specific requirement applicable to such building or
structure by the standard codes of the city, county or state law to such an extent as
to present either a substantial risk of fire, building collapse or any other threat to life
and safety.
7. A building or structure, used or intended to be used for dwelling purposes, that
because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, ventilation, mechanical or plumbing
system, or otherwise, is determined by the code official to be unsanitary, unfit for
human habitation or in such a condition that is likely to cause sickness or disease.
(g) Closing of vacant structures. If the structure is vacant and unfit for human
habitation and occupancy, and is not in danger o# structural collapse, the code official is
authorized to post an unsafe structure placard on the premises and order the structure
closed up so as not to be an attractive nuisance. Upon failure of the owner to close up
the premises within the time specified in the order, the building official shall cause the
premises to be closed and secured through any available public agency or by contract or
arrangement by private persons and the cost thereof shall be charged against the real
estate upon which the structure is located and shall be a lien upon such real estate and
may be collected by any other legal resource.
(h) Notice. Whenever the building official has declared a structure or equipment unsafe
under the provisions of this section, notice shall be posted in a conspicuous place in or
about the structure affected by such notice and served on the owner or the person or
persons responsible for the structure or equipment in accordance with Section 26-
34.07(c). If the notice pertains to equipment, it shall also be placed on the unsafe
equipment. The notice shall be in the form prescribed in Section 26-34.07(b).
(i) Placarding. Upon failure of the owner or person responsible to comply with the
notice provisions within the time given, the building official shall post on the premises
or on defective equipment a placard bearing the word "Unsafe" and a statement of the
penalties provided for occupying the premises, operating the equipment or removing the
placard.
(.n Placard removal. The building official shall remove the unsafe placard whenever the
defect or defects upon which the unsafe condition and placarding action were based
13
have been eliminated. Any person who defaces or removes an unsafe placard without
the approval of the building official shall be subject to the penalties provided by this
code.
(K) Prohibited occupancy. Any occupied structure declared unsafe and placarded by
the building official shall be vacated as ordered by the building official. Any person who
shall occupy a placarded premises or shall operate placarded equipment, and any owner
or any person responsible for the premises who shall permit anyone to occupy a
placarded premises or operate placarded equipment shall be liable for the penalties
provided by this code.
(I) Abatement methods. The owner, operator or occupant of a building, premises or
equipment deemed unsafe by the building official shall abate or cause to be abated or
corrected such unsafe conditions either by repair, rehabilitation, demolition or other
approved corrective action.
(m) Record. The building official shall cause a report to be filed on an unsafe condition.
The report shall state the occupancy of the structure and the nature of the unsafe
condition.
26-34.09 — Emergency measures
(a) Imminent danger. When, in the opinion of the building official, there is imminent
danger of failure or collapse of a building or structure which endangers life, or when any
structure or part of a structure has fallen and life is endangered by the occupation of the
structure, or when there is actual or potential danger to the building occupants or those
in the proximity of any structure because of explosives, explosive fumes or vapors or the
presence of toxic fumes, gases or materials, or operation of defective or dangerous
equipment, the building official is hereby authorized and empowered to order and require
the occupants to vacate the premises forthwith. The building official shall cause to be
posted at each entrance to such structure a notice reading as follows: "This Structure Is
Unsafe and Its Occupancy Has Been Prohibited by the Building Official." It shall be
unlawful for any person to enter such structure except for the purpose of securing the
structure, making the required repairs, removing the hazardous condition or of
demolishing the same.
(b) Temporary safeguards. Notwithstanding other provisions of this code, whenever, in
the opinion of the building official, there is imminent danger due to an unsafe condition,
the building official shall order the necessary work to be done, including the boarding up
of openings, to render such structure temporarily safe whether or not the legal procedure
herein described has been instituted; and shall cause such other action to be taken as
the building official deems necessary to meet such emergency.
(c) Costs of emergency repairs. Costs incurred in the performance of emergency work
shall be paid by the jurisdiction. The legal counsel of the jurisdiction may institute
appropriate action against the owner of the premises where the unsafe structure is or
was located for the recovery of such costs.
14
�
(d) Hearing. Any person ordered to take emergency measures shall comply with such
order forthwith. Any affected person shall thereafter, upon petition directed to the
appeals board, be afforded a hearing as described in this code.
26.34.10 — Demolition
(a) General. The building official shall order the owner of any premises upon which is
located any structure, which in the building official judgment after review is so
deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe,
unsanitary or otherwise unfit for human habitation or occupancy, and such that it is
unreasonable to repair the structure, to demolish and remove such structure; or if such
structure is capable of being made safe by repairs, to repair and make safe and sanitary,
or to board up and hold for future repair or to demolish and remove at the owner's
option; or where there has been a cessation of normal construction of any structure for a
period of more than two years, the building official shall order the owner to demolish and
remove such structure, or board up until future repair. Boarding the building up for future
repair shall not extend beyond one year, unless approved by the building official.
(b) Notices and orders. All notices and orders shall comply with Section 26-34.07.
(c) Failure to comply. If the owner of a premises fails to comply with a demolition order
within the time prescribed, the building official shall cause the structure to be demolished
and removed, either through an available public agency or by contract or arrangement
with private persons, and the cost of such demolition and removal shall be charged
against the real estate upon which the structure is located and shall be a tax lien upon
such real estate.
(d) Salvage materials. When any structure has been ordered demolished and removed,
the governing body or other designated officer under said contract or arrangement
aforesaid shall have the right to sell the salvage and valuable materials at the highest
price obtainable. The net proceeds of such sale, after deducting the expenses of such
demolition and removal, shall be promptly remitted with a report of such sale or
transaction, including the items of expense and the amounts deducted, for the person
who is entitled thereto, subject to any order of a court. If such a surplus does not remain
to be turned over, the report shall so state.
26-34.11 — Swimming pools, spas and hot tubs
(a) Swimming pools. Swimming poo/s, spas and hot tubs shall be maintained in a clean
and sanitary condifion, and in good repair.
(b) Barriers. Residential swimming pools, hot tubs and spas, containing water more
than 24 inches in depth, shall have pool barriers as set forth in Section 26-138.
Sec. 26-35. - Reserved.
Sec. 26-36. - Refusal of permit for fire hazard.
15
No permit shall be granted for the construction or erection of any building,
structure or addition thereto if such building when completed will constitute a fire hazard
pursuant to the fire code adopted in section 42-46, the uniform fire standards in F.S. ch.
633 or with the Florida Fire Prevention Code adopted in section 26-31 of this Code of
Ordinances.
Sec. 26-37. - Sanitary facilities required.
No permit shall be issued under this article for the construction or erection of any
building, structure or addition thereto unless the sanitary facilities to be provided thereby
shall meet the minimum requirements of the state regulations.
Sec. 26-38. – Reserved.
Sec. 26-39. - Reserved.
Sec. 26-40. - Construction board to serve as board of appeals.
(a) 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 this code and the standard codes adopted by the city.
(b) Decisions of the construction board, pursuant to this section, may be
appealed to the city council by filing a written appeal with the city clerk within ten days of
the decision of the construction board. It shall require three affirmative votes of the city
council to override the construction board.
(c) All references in the standard codes to the construction board of
adjustments and appeals shalt be deemed to refer to the construction board. Except as
provided herein, the construction board shall have all the powers and duties of the
construction board of adjustments and appeals. An application of an appeal shall be
based on a claim that the true intent of the standard codes or the rules legally adopted
thereunder have been incorrectly interpreted, the provisions of the standard codes do
not fully apply, or an equally good or better form of construction is proposed. The board
shall have no authority to waive requirements of the standard codes as amended herein.
The board shall modify or reverse the decision of the building official only by a
concurring vote of a majority of the total number of appointed board members.
(d) Where an aggrieved party decides to appeal a decision, including a final
order, of the building official, community development director or administrative official,
the application of appeal shall be filed with the city clerk within 10 days following the staff
decision.
Secs. 26-41-26-60. - Reserved.
Sec. 26-61 – 26-65. - Reserved.
1 C,
Sec. 26-66. - Powers and duties of building official.
(a) The city building official is hereby authorized and directed to enforce the
provisions of this article. The building official shall have the authority to render
interpretations of the standard codes and to adopt policies and procedures in order to
clarify the application and provisions. Such interpretations, policies and procedures shall
be in compliance with the intent and purpose of the standard codes, and shall not have
the effect of waiving requirements specifically provided for therein.
(b) Whenever necessary to make an inspection to enforce any of the
provisions of this article, or whenever the building official has reasonable cause to
believe that there exists in any building or upon any premises any condition or code
violation which makes such building, structure, premises, electrical, gas, mechanical or
plumbing systems unsafe, dangerous or hazardous, the building official may enter such
building, structure or premises at all reasonable times to inspect the same or to perform
any duty imposed upon the building official by this code. If such building or premises are
occupied, he shall first present proper credentials and request entry. If such building,
structure, or premises are unoccupied, he shall first make a reasonable effort to locate
the owner or other persons having charge or control of such and request entry. If entry is
refused, the building official shall have recourse to every remedy provided by law to
secure entry.
(c) All buildings and structures, regardless of type, which are unsafe or which
constitute a hazard to human life, health or welfare are hereby declared illegal and shall
be abated by repair and rehabilitation or by demolition in accordance with the procedure
as outlined in the unsafe structures abatement code.
(d) Upon notice from the building official, work on any building, structure,
electrical, gas, mechanical or plumbing system that is being done contrary to the
provisions of the standard codes or in a dangerous or unsafe manner, shall immediately
cease. Such notice shall be in writing and shall be given to the owner of the property, or
to his agent, or to the person doing the work, and shall state the conditions under which
work may be resumed. Where an emergency exists, the building official shall not be
required to give a written notice prior to stopping the work.
(e) The building official is authorized to suspend or revoke a permit issued
under the provisions of this code wherever the permit is issued in error or on the basis of
incorrect, inaccurate or incomplete information, or in violation of any ordinance or
regulation or any provisions of this code.
(fl The building official may revoke a permit or approval, issued under the
provisions of the standard codes, in case there has been any false statement or
misrepresentation as to the material fact in the application or plans on which the permit
or approval was based. In all such cases, no permit fees shall be refunded...
(g) The building official may revoke a permit upon determination by the
building official that the construction, erection, alteration, repair, moving, demolition,
installation, or replacement of the building, structure, electrical, gas, mechanical or
17
plumbing systems for which the permit was issued is in violation of, or not in conformity
with, the provisions of the standard codes.
(h) The building official may give temporary permission to connect and
furnish electric current to any wiring apparatus or fixtures for a period of not exceeding
30 days, if, in his opinion, such wiring apparatus or fixtures are in such condition that
current may safely be connected therewith, and there exists an urgent necessity for such
use, when written permission is filed with him, requesting such permission.
(i) Any person failing or refusing to comply with any of the provisions of this
section shall be guilty of a misdemeanor in the second degree and subject to fine or
imprisonment as provided by section 1-10 of this Code.
Sec. 26-67. - 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, or general welfare, not specifically covered in the
standard codes, shall be determined by the building official subject to appeal to the
Construction Board.
Sec. 26-68 - 26-69. – Reserved.
Sec. 26-70. - Liability.
Any officer or employee, or member of the Construction Board, charged with the
enforcement of any of the codes established by this article, acting for the applicable
governing body in the discharge of his or her duties, shall not be liable personally for
ordinary negligence, and he or she is hereby relieved from all personal liability for
ordinary negligence for any damage that may occur to persons or property as a result of
any act required or permitted in the discharge of his or her duties. Any suit brought
against any officer, employee or member of the board upon an act performed by him or
her in the enforcement of any provisions of such codes shall be defended by the city
attorney until the final determination of the proceedings, and any judgments shall be the
responsibility of the City of Sebastian.
Secs. 26-71-26-80. - Reserved.
ARTICLE III. PERMITS
Sec. 26-81. - Required; application.
(a) Before any building or structure of whatsoever nature shall be erected or
constructed within the corporate limits of the city, or any addition shall be made to any
existing building or structure within the corporate limits of the city, the owner, contractor,
person building or responsible for building such building or structure or making such
addition thereto shall complete an application for a building permit from the city for such
erection, construction or addition. No building or structure shall be erected in the city nor
any addition made to any existing building or structure in the city unless a permit
therefore has been granted as provided by this article and no work shall be done in
18
connection with any such building or addition unless such permit has been granted. All
applications for such permit shall be made to the building official. Such applications shall
be signed by the applicant and shall state thereon:
(1) The location of the proposed structure, building or addition;
(2) The owner and contractor or builder thereof;
(3) The distance of the building or structure from the street and property
lines;
(4) The character of the building and the material of which the walls and roof
are to be constructed;
(5) The purpose for which the building is to be used; and
(6) The approximate cost and dimensions thereof. The building permit fees
will be based on the greater of the actual cost of the project or the
approximate cost gained from the latest edition of "International Code
Council Building Valuation Data".
(7) The application shall have the original signature of the owner or his
authorized agent.
(a) No permit shall be issued until approved by the city building official. The
city building official shall approve or reject the application for permit within
a reasonable time after filing the submission of application for permit.
(b) The building permit shall be issued by the building official upon his
approval.
(c) Building permit fees shall be established by resolution.
Sec. 26-82. - Drawings and specifications.
Whenever in the opinion of the building official, drawings and specifications are
needed to show definitely the nature and character of the work for which the application
is made, the applicant shall furnish such drawings and specifications. These drawings
and specifications shall be drawn to scale and submitted in duplicate. If approved, one
set shall be returned to the applicant marked "Reviewed for Code Compliance", and one
set shall be retained and filed as a permanent record in the office of the building official.
The applicant's approved set shall remain at all times on the job. Such information or
drawings and specifications shall be specific, and the standard codes shall not be cited
as a whole or in part, nor shall the term "legal" or its equivalent be used as a substitute
for specific information.
Sec. 26-83. - Examination of drawings.
The building official shall examine or cause to be examined each application for a
permit and the drawings and specifications which may be filed therewith, and shall
19
ascertain by such examination whether the work indicated and described is in
accordance with the requirements of this article and all other pertinent laws or
ordinances.
Sec. 26-84. - Action on application.
(a) If the building official is satisfied that the work described in an application
for permit and the drawings and specifications which may be filed therewith conform to
the requirements of this article and other pertinent laws and ordinances, he shall issue a
permit therefore to the applicant.
(b) If the application for permit and the drawings and specifications which
may be filed therewith describe work which does not conform to the requirements of this
article or other pertinent laws or ordinances, the building official shall not issue a permit,
but shall return the drawings to the applicant with his refusal to issue such a permit.
Such refusal shall, when requested, be in writing and shall contain the reasons
therefore.
Sec. 26-85. - Conditions of permit.
(a) The building official shall act upon an application for a permit with plans
as filed, or as amended, without unreasonable or unnecessary delay. Once issued, a
permit shall be construed to be a license to proceed with the work and shall not be
construed as authority to violate, cancel, alter, or set aside any of the provisions of this
article, nor shall such issuance of a permit prevent the building official from thereafter
requiring correction of errors in plans or in construction, or of violations of this article.
Any permit issued shall become invalid unless the work authorized by it shall have been
commenced within six months after its issuance, or if the work authorized by such permit
is suspended or abandoned for a period of 6 months after the time the work is
commenced; work shall be considered to be in active progress when the permit has
received an approved inspection within 180 days. If work has commenced and the
permit is revoked, becomes null and void or expires because of lack of progress or
abandonment, a new permit covering the proposed construction shall be obtained before
proceeding with the work. If a new permit is not obtained within 180 days from the date
the initial permit became null and void, the building official is authorized to require that
any work which has been commenced or completed be removed from the building site.
Alternatively, a new permit may be issued on application, provided the work in place and
required to complete the structure meets all applicable regulations in effect at the time
the initial permit became null and void and any regulations which may have become
effective between the date of expiration and the date of issuance of the new permit.
provided, that for cause, one or more extensions of time for periods not exceeding 90
days each, may be allowed in writing by the building official. The fees for renewal,
reissuance and extension of a permit shall be set forth by resolution.
(b) Where equipment replacements and repairs must be performed in an
emergency situation, the permit application shall be submitted within the next working
business day to the building official.
(c) Upon approval of the building official, the scope of work delineated in the
building permit application and plan may be started prior to final approval and issuance
20
of permit, provided any work completed is entirely at risk of the permit applicant and the
work does not proceed past the first required inspection.
Sec. 26-86. - Schedule of fees.
(a) No permit shall be valid until the fees prescribed in this article shall have
been paid; nor shall an amendment to a permit be approved until the additional fees, if
any, shall have been paid.
(b) If any person commences any work before obtaining the necessary
permit, he shall be subject to the penalty prescribed in this article.
(c) When application for permit is approved and before a permit is issued, a
fee therefore shall be paid as established in a schedule of fees by resolution of the city
council.
Sec. 26-87. - Inspections.
(a) Construction or work for which a permit is required shall be subject to
inspection by the building official and such construction or work shall remain accessible
and exposed for inspection purposes until approved. Approval as a result of an
inspection shall not be construed to be an approval of a violation of the provisions of the
standard codes or of other ordinances of the jurisdiction. Inspections presuming to give
authority to violate or cancel the provisions of this code or of other ordinances of the
jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the
work to remain accessible and exposed for inspection purposes. Neither the building
official nor the City of Sebastian shall be liable for expense entailed in the removal or
replacement of any material required to allow inspection.
(b) The building official may make, or cause to be made, the inspections
required by the standard codes. He or she may accept reports of department inspectors,
independent inspectors or of recognized inspection services, provided that after
investigation he/she is satisfied as to their licensure, qualifications and reliability. A
certificate required by any provision of this code shall not be based on such reports
unless the same are recorded by the building code inspector or the architect or engineer
performing building code inspections in a manner specified by the building o�cial. The
building official shall ensure that all persons making such inspections shall be certified in
accordance to Chapter 468, Florida Statutes_
(c) It shall be the duty of the holder of the building permit or their duly
authorized agent to notify the building official when work is ready for inspection. It shall
be the duty of the permit holder to provide access to and means for inspections of such
work that are required by the standard codes. To the maximum extent feasible,
scheduled inspections will be performed by the next working business day.
(d) Work shall not be done beyond the point indicated in each successive
inspection without first obtaining the approval of the building official. The building official,
upon notification, shall make the requested inspections and shall either indicate the
portion of the construction that is satisfactory as completed, or notify the permit holder or
his or her agent wherein the same fails to comply with the standard codes. Any portions
21
that do not comply shall be corrected and such portion shall not be covered or concealed
until authorized by the building official.
(e) The final inspection shall be made after all work required by the building
permit is completed.
Sec. 26-88. – Certificates of occupancy and completion
(a) No building or structure shall be used or occupied, and no change in the
existing occupancy classification of a building or structure or portion thereof shall be
made until the building official has issued a certificate of occupancy therefore as
provided herein. Issuance of a certificate of occupancy shall not be construed as an
approval of a violation of the provisions of the standard codes or of other ordinances of
the City of Sebastian.
(b) The building official is authorized to issue a temporary certificate of
occupancy before the completion of the entire work covered by the permit, provided that
such portion or portions shall be occupied safely. The building official shall set a time
period during which the temporary certificate of occupancy is valid.
(c) The building official is authorized to, in writing, suspend or revoke a
certificate of occupancy or completion issued under the provisions of the standard codes
wherever the certificate is issued in error, or on the basis of incorrect information
supplied, or where it is determined that the building or structure or portion thereof is in
violation of any ordinance or regulation or any of the provisions of the standard codes.
Secs. 26-89 – Stop work order
(a) Whenever the building official finds any work regulated by this code being
performed in a manner either contrary to the provisions of this code or dangerous or
unsafe, the building official is authorized to issue a stop work order.
(b) The stop work order shall be in writing and shall be given to the owner of
the property involved, or to the owner's agent, or to the person doing the work. Upon
issuance of a stop work order, the cited work shall immediately cease. The stop work
order shall state the reason for the order, and the conditions under which the cited work
will be permitted to resume. Where an emergency exists, the building official shall not be
required to give a written notice prior to stopping work.
(c) Any person who shall continue any work after having been served with a
stop work o�der, except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be subject to penalties as prescribed by section 1-10
(General penalty; continuing violations) and sections 2-194, 2-195 (Enforcement
procedures) of this code of ordinances.
Secs. 26-90-26-110. - Reserved.
ARTICLE IV. ENGERGY CODE
22
Secs. 26-111-26-135. - Reserved.
ARTICLE V. SWIMMING POOLS
Sec. 26-136. - Construction to conform to article.
No swimming pool shall be built or constructed except in conformity with the
provisions of this article and with the Florida Building Code adopted in section 26-31 of
this Code of Ordinances.
Sec. 26-137. - Permit.
(a) Applications for a permit for the construction, installation, alte�ation or major
repair of a swimming pool must be as set forth in the building code adopted by the city.
(b) No building permit shall be finalized and no pool placed in use until the
requirements of this article are met.
Sec. 26-138. - Enclosure required.
Residential swimming pools, hot tubs and spas, containing water more than 24 inches in
depth shall be completely surrounded by a permanently installed fence or barrier of not
less than four feet in height above the finished ground level measured on the side of the
barrier away from the pool. Fences shall not be more than six feet in height. Gates and
doors in such barriers shall be self-closing and self-latching. Gates that provide access
to the swimming pool must open outward away from the pool. The self-latching device
shall be a minimum of 54 inches above the bottom of the gate; the release mechanism
may be located on either side of the gate and so placed that it cannot be reached by a
young child over the top or through any opening or gap from the outside. Self-closing
and self-latching gates shall be maintained such that the gate will positively close and
latch when released from an open position of 6 inches from the gatepost. No existing
pool enclosure shall be removed, replaced or changed in a manner that reduces its
effectiveness as a safety barrier. Residential swimming pool fence, barrier or enclosure
that is new, removed, repaired, replaced or modified shall be made to meet the
requirements of the pool safety act in FS 515. Each fence, barrier or screen enclosure
must be approved by the building official.
Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall
be exempt from the provisions of this section.
Sec. 26-139. - Diving boards.
No diving board shall be installed in a pool whose greatest depth is less than
seven feet. No diving board shall be installed in a pool less than 30 feet long.
Sec. 26-140. - Ladders and ropes.
Pools having a depth greater than 3'/z feet shall be provided with steps or ladder.
Secs. 26-141-26-160. - Reserved.
23
ARTICLE VI CONTRACTORS
DIVISION 1. GENERALLY
Sec. 26-161. - Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Application for permit means any permit application made under any building
code or technical code contained in or adopted by reference in the Code of Ordinances
of the city and the land development code, as such have been, or may be, amended,
including all documents submitted with any permit application.
Apprentice plumbers and electricians Apprentice plumbers shall perForm
plumbing only under the direct supervision of a master plumber or under the direct
supervision of a journeyman plumber. Apprentice electricians shall perform electrical
work only under the direct supervision of a master electrician or under the direct
supervision of a journeyman electrician. Direct supervision means that the respective
supervision is perFormed on the job site in person by the respective supervisor.
Board means the city construction board created under this article unless the
context otherwise requires.
Certificate means a certificate of competency issued by the board as provided in
this article.
Certification means the act of obtaining or holding a certificate of competency
from the board as provided in this article.
Contracting means, except as exempted by this article, engaging in business as
a contractor.
Contractor means any person who engages in business under expressed or
implied contract in any of the trades as defined in this article or who undertakes or offers
to undertake or purports to have the capacity to undertake, or submits a bid to, or does
himself, or by or through others, engage in the business of doing a trade, and who holds
a certificate of competency as provided by this article to perform the work of the
particular trade in which such person is engaged.
(1) General contractors are those whose services shall be unlimited as to
the height, area and complexity of construction being undertaken. A general
contractor shall have the knowledge gained by five years of experience in a
supervisory capacity for a general contractor or building contractor or as a
licensed building contractor for such period or shall have an education and
experience equivalent thereto. A general contractor shall subcontract to a
qualified contractor all work being the exclusive work of plumbing, electrical
and HARV contractors, provided, however, on new site development work, site
24
redevelopment work, mobile home parks and commercial properties, the
obligation to subcontract shall not prohibit the general contractors from
constructing the main sanitary sewer collection system and the main water
distribution system not including the continuation of utility lines from the mains
to the buildings, which utility lines shall be constructed by plumbing contractors.
As to mobile home parks, the continuation of utility lines from the mains are to
be considered a part of the main sewer collection and main water distribution
systems. A general contractor may do, contract for, and take out permits for
installing room air conditioners and for the work of any specialty contractor,
excepting that of air conditioning contractors, refrigeration contractors, and
elevator contractors.
(2) Building contractors are those whose services are limited to construction
of commercial buildings and single or multiple dwelling residential buildings,
neither to exceed three stories in height or 35 feet, and accessory use
structures in connection herewith, or those whose services are limited to
remodeling, repair, or improvement of any size building if the services do not
affect the structural members of the building. A building contractor shall have
the knowledge gained by not less than four years' experience in a supervisory
capacity or shall have an education and experience equivalent thereto, as
defined for a general contractor or a building contractor or have been a
licensed residential building contractor for such period. A building contractor
shall subcontract to a qualified contractor all work being the exclusive work of
plumbing, electrical, and HARV contractors. A building contractor may take out
permits for installing room air conditioners and for the work of any specialty
contractor within the limits of work of a building contractor, except that of air
conditioning contractors, refrigeration contractors, and elevator contractors.
(3) Residential building contractors are those whose services are limited to
construction, remodeling, demolition, repair or improvement of one-, two- or
three-family unit residences not exceeding two stories in height and accessory
use structures in connection therewith. A residential building contractor shall
have the experience, knowledge, and skill gained by not less than three years'
experience in a supervisory capacity for a general, building or residential
contractor or educational equivalent thereto, as defined in this section. A
residential building contractor shall subcontract to a qualified contractor all
work being the exclusive work of plumbing, electrical and HARV contractors.
A residential building contractor may take out permits for installing room air
conditioners, and for the work of any specialty contractor within the limits of
work of a residential building contractor except that of air conditioning
contractors, refrigeration contractors, and elevator contractors.
(4) Plumbing contractors are those who can qualify as master plumbers with
a minimum of five years' experience, three of which shall have been as a
journeyman plumber in a supervisory capacity with educational equivalency as
defined in this section, who can assume responsible charge and direction of
other persons in the installation of plumbing, which shall mean all work done in
connection with the installation, maintenance, extension and alteration of all
piping fixtures, appliances, appurtenances thereto and apparatus or equipment
used in connection with a water supply and sewage disposal system; to install,
maintain, repair, alter or extend any system of piping, tubing, vessels, containers,
25
pump, apparatus and appurtenances in connection with such pressure piping
used for the circulating, transporting, holding or processing of any vapor, fluid,
liquid, semi-liquid or solids, inside of, or attached to, any building, lot or premises.
A plumbing contractor shall subcontract to a qualified contractor all other work
incidental to the work which is specified in this section as being the work of a
trade other than that of a plumbing contractor.
(5) Electrical contractors are those who can qualify as master electricians
with at least five years' experience, three of which shall have been as a
journeyman electrician in a supervisory capacity, with educational equivalency
as defined in this section, to assume responsible charge and direction of other
persons in the installation of electrical work, which shall mean all work done in
connection with the installation, maintenance, extension and alteration of a
system for electrical wiring for lights, heat or power and all appurtenances
thereto and all apparatus or equipment used in connection therewith including
that of a room air conditioning unit only, and all electrical specialties. An
electrical contractor shall subcontract to a qualified contractor all other work of a
trade other than that of an electrical contractor.
(6) HARV, heating, air conditioning, refrigeration, and ventilation contractors
are those who can qualify by four years' experience in a supervisory capacity, or
shall have an education and experience equivalent thereto, with the educational
equivalency as defined in this section, to perform the following: install, maintain,
repair, alter or extend air conditioning, refrigeration, heating, ventilation,
unlimited in horsepower or tons, including all duct systems, boiler and unfired
pressure vessel systems and all appurtenances, apparatus or equipment used
in connection therewith; also piping, ductwork, insulation of pipes, vessels and
ducts. A HARV contractor shall subcontract to a qualified contractor all other
work incidental to the work which is specified in this section as being the work of
a trade other than that of a HARV contractor.
(7) Specialty contractors are those who specialize in one or more crafts of
the building construction and related contracting trades whose scope is less
than those contractors defined above and as limited under the certificate of
competency issued by the board to such specialty contractor. The board may
further classify and define specialty contractors in such rules and regulations it
promulgates in accordance with this article. All specialty contractors whose
trade is tested by Prometric Services or other comparable testing agency must
take such examination and receive a passing grade of at least 70 percent on the
examination for their trade which is administered by the testing agency.
(8) Solar water heating contractors. Solar water heating contractor is
a specialty contractor qualified to execute contracts requiring the skill,
knowledge, ability and experience to size, install, alter, repair, maintain, relocate,
replace or use solar water to include solar heating panels and all appurtenances,
apparatus, or equipment to be used in connection therewith. A solar water
heating contractor shall contract only to size, install, alter, repair, maintain,
relocate or replace any and all solar hot water systems and solar swimming pool
heaters. The solar water heating contractor shall have any work for which a local
certificate of competency is required performed by someone holding a current
�
�
and valid certificate of competency to perform that work, unless such contractor
is himself certified in the applicable trade category.
Department means the state department of business and professional regulation
or, where applicable, the state construction industry licensing board.
Investigator means an individual authorized by the city council to enforce the
provisions of this article and who has the authority to issue citations. Investigator shall
include the director of community development, the building official and code
enforcement officers, as well as those individuals authorized by resolution adopted by
the city council from time to time.
Journeymen means those who qualify after four years' minimum experience, and
shall only perform work in the plumbing and electrical trades while employed by, and
serving under the supervision of, a certified plumbing or electrical contractor.
Person means an individual, any business or non-business entity, corporation,
partnership, joint venture, unincorporated association, trust, estate, club or society.
Sfate certification means the act of obtaining or holding a certificate of
competency from the department as provided in F.S. ch. 489 (1989), as amended from
time to time, or any rule or regulation promulgated thereto.
State certified means any contractor who possesses a certificate of competency issued
by the department and who is allowed to contract in any jurisdiction in the state without
being required to fulfill the competency requirements of the city under this article.
Sec. 26-162. - Purpose.
It is hereby declared to be the intent of the city council that, in order to safeguard
the life, health, property and public welfare of its citizens, the business of construction
and home improvements is a matter affecting the public interest, and any person
engaging in such business shall be required to establish his competency and
qualifications as provided in this article.
Sec. 26-163. - Application of article.
(a) Nothing in this article limits the power of the city to regulate the quality
and character of work performed by contractors through a system of permits, fees and
inspections which are designed to secure compliance with and aid in the implementation
of state and local building laws or to enforce other local laws for the protection of the
public health and safety.
(b) Nothing in this article limits the power of the city to collect business tax
receipts and inspection fees for engaging in contracting.
(c) Nothing in this article limits the power of the city to adopt any system or
permits requiring submission to and approval by the city of plans and specifications for
work to be performed by contractors before commencement of the work.
27
(d) Any official authorized to issue building or other related permits shall
ascertain that the applicant contractor is duly certified before issuing the permit. The
evidence shall consist only of the exhibition to him of current evidence of certification.
(e) This article applies to any contractor performing work for the state, county
or municipality as well as work for private persons. They are required to determine
compliance with this article before giving a commencement order on any of its contracts
for construction, improvement, remodeling or repair.
(� If an incomplete contract exists at the time of death of a contractor, the
contract may be completed or continued by any person even though not certified;
however, an alternate contractor shall be qualified within a period of 90 days. Such
person shall notify the board of his name and address within 30 days after the death of
the contractor.
Sec. 26-164. - Exemptions.
The exemptions provided by F.S. § 489.103 (1989), as amended, shall also
constitute exemptions from the provisions of this article.
Sec. 26-165. - Certification procedures.
(a) To obtain a certificate an applicant shall submit an application in writing to
the construction board containing the statement that the applicant desires the issuance
of a certificate and the class of certificate desired on a form containing the information
prescribed by the construction board and shall be accompanied by the fee fixed by this
article.
(b) As a prerequisite to issuance of a certificate, the board shall require the
license holder to submit satisfactory evidence that he has obtained public liability
insurance in the following amounts:
(1) General contractor, building contractor and residential building
contractor: Not less than $100,000.00 property insurance; and not less
than $300,000.00 personal liability insurance,
(2) All others: Not less than $50,000.00 property insurance; and not less than
$100,000.00 personal liability insurance,
together with evidence of workers' compensation insurance or certificate that he has
complied with the state workers' compensation law. All evidence of insurance must be
filed with the building official. Thereupon, the certificate shall be issued forthwith, but this
subsection does not apply to the issuance or renewal of inactive certificates.
Sec. 26-166. - Certificates issued by reciprocal agreement
(a) The board may by reciprocity grant a certificate of competency to any
applicant who has obtained a certificate of competency in any other county or city in the
state having codes and conducting examinations which are, in the opinion of the board,
substantially equal to those of the city, upon the applicant furnishing proof of insurance
28
coverage required hereunder and payment of the applicant fee herein provided and
furnishing to the board in writing all information as required by section 26-165.
Certificates issued through reciprocity shall be subject to all of the other provisions of
this article.
Sec. 26-167. - Fees.
Contractor licensing fees shall be established by resolution of the city council.
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 twenty
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 by reapplication and reexamination.
(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.
Sec. 26-169. - Payment and performance bonds.
(a) The board is authorized to require a contractor who holds a certificate of
competency issued by the board pursuant to this article, including a corporation or other
entity which the certificate holder has qualified, to obtain a payment and performance
bond as a prerequisite to being able to obtain a building permit or other development
order from the city if, after an evidentiary hearing thereon which provides due process to
the adversely affected parties, the board finds that the contractor or the entity which
such contractor has qualified presents a substantial risk of not being able or willing to
fully complete a job or project for which a building permit or other development order is
requested or needed to authorize the job or project. Evidence on which such a finding of
the need for such a bond may be based shall consist of any one or more of the following
findings of fact:
29
(1) A claim of lien in excess of $2,000.00 has been filed in connection with
the real property the contractor or entity which the contractor has qualified is working on,
whereby the claim of lien avers that the contractor or entity has not made proper
payment to the lienor, and the claim of lien has not been released or satisfied within 60
days of the filing of such claim of lien with the clerk of the circuit court.
(2) The contractor or entity which the contractor has qualified has a judgment
for money damages entered by a court of competent jurisdiction against such contractor
or entity and the judgment is reasonably related to the type of work for which the
requested building permit or other development order relates, and the judgment has not
been released or otherwise satisfied.
(3) The contractor or entity which the contractor has qualified has failed to
substantially complete performance of any other contract for work of the type that is the
subject of the requested building permit or other development order and the failure to
substantially complete performance of the contract is reasonably within the control of the
contractor or the entity which the contractor has qualified.
(4) Any officer, director, shareholder, partner, joint venturer, trustee or
employee of a business entity that is seeking the building permit or other development
order was an officer, director, shareholder, partner, joint venturer, trustee or employee of
another business entity at a time when the other entity violated any of the provisions of
subsection (a)(1), (a)(2) or (a)(3) of this section.
(5) For any other violation provided for in this section if the violation could
reasonably render the contractor, or the entity which the contractor has qualified, at
substantial risk of not being able to fully complete the job or project for which the building
permit or other development order is required.
(b) The amount of the payment and performance bond shall be set by the
board and may be in an amount equal to the contract price, if any, or the full estimated
cost to complete the job or project for which the building permit or other development
order pertains.
(c) The requirement to obtain a payment and performance bond may also be
one of the conditions prescribed in subsection (a)(4) of this section, if such bond is
reasonably related to the type of violation found by the board to have occurred. The
board shall determine who shall be the beneficiary of any such bond. The authority to
require a bond shall not be imposed, however, if the contractor or the entity which the
contractor has qualified is certified in the specific trade by the department or other state
agency, and if such state certification prohibits the imposition of a payment and
performance bond as a matter of law under applicable state statutes. The burden of
establishing that a state law preempts the imposition of a bond shall be upon the
contractor or the entity which the contractor has qualified.
Sec. 26-170. - Records and examinations.
(a) All information provided to the board by any applicant for certification shall
be a public record except to the extent exempted from the provisions of requiring public
access to public records under the laws of the state. Any applicants for a certificate of
30
competency shall be informed that their application, examination scores and other
financial records which are received by the city shall become a public record.
(b) If a certificate holder changes his name style, address or employment
from that which appears on his current certificate, he shall notify the board of the change
within ten days after it occurs.
(c) All prior examinations shall be retained for a period of three years from
the date of examination.
Sec. 26-171. - Prohibited activities.
(a) It is unlawful for any person to engage in the business or act in the
capacity of a contractor without being a state certified contractor holding a state
certification or being in lawful possession of a certificate of competency issued by the
board pursuant to this article.
(b) It is unlawful for any person who possesses a current certificate of
competency issued by the board pursuant to this article or a state certification issued by
the department to contract with or utilize the services of another person engaging in the
business or acting in the capacity of a contractor where such other person does not hold
a state certification or a certificate of competency for engaging in the type of contracting
business that such other person operates in the corporate limits of the city. This
prohibition shall be enforceable even if the unlicensed contractor does not have an office
in the city, so long as the unlicensed contractor perForms or contracts to perform the
services of a contractor in the corporate limits of the city for the person holding a state
certification or a certificate of authority issued by the board pursuant to this article.
(c) It is unlawful for a person required to possess, but not possessing, a
current certificate of competency issued by the board pursuant to this article or a state
certification issued by the department to advertise to the public in a newspaper,
magazine, handbill, flyer, airwave transmission or telephone directory, or by issuance of
a card or other communication or other advertising medium, that he is a contractor or is
qualified to act in business as a contractor, pursuant to a certificate of competency
issued by the board pursuant to this article or a state certification issued by the
department.
(d) It is unlawful for a contractor who possesses a certificate of competency
issued by the board pursuant to this article or a state certification issued by the
department to fail to include his certificate of competency number or state certification or
registration number in any publication which is primarily circulated, displayed, distributed
or marketed within the city which advertisement identifies a contractor or entity offering
services regulated by F.S. ch. 489, as amended from time to time, or by this article,
unless the advertisement included the certificate of competency number or state
certification or registration number issued to that contractor. Nothing in this section shall
be construed as requiring that the publisher not publish any advertisement which does
not include a certificate of competency number or a state certification or registration
number, nor determine or investigate whether a certificate of competency number or a
state certification or registration number is required, whether the license number given is
accurate, nor determine or investigate whether the person whom the advertisement is
31
published is state certified or holds a certificate of competency issued by the board
pursuant to this article.
Sec. 26-172. - Causes for disciplinary action.
The following acts constitute cause for disciplinary action under this article:
(1) Willful or deliberate disregard or violation of the applicable building
codes of the city.
(2) Aiding or abetting a person who is not a state certified contractor or a
contractor who possesses a certificate of competency issued by the board
pursuant to this article to evade any provision of this article. Utilizing or
contracting with an unlicensed contractor or subcontractor is prima facie
evidence of engaging in such an act.
(3) Knowingly combining or conspiring with an uncertified person with the
intent to evade the provisions of this article. When a person holding a
certificate of competency issued by the board pursuant to this article or a
state certification allows his certificate or state certification to be used by
one or more companies without having any active participation in the
operations, management or control of such companies, this act shall
constitute prima facie evidence of an intent to evade the provisions of this
article.
(4) Acting in the capacity of a contractor under any certificate of competency
issued by the board pursuant to this article or any state certification issued
by the department, except in the name of the certificate holder as set forth
on the issued certificate of competency or the state certification or in
accordance with the personnel of the certificate holder as set forth in the
application for the certificate or state certification, or as later changed as
provided in this article or pursuant to F.S. ch. 489, as amended from time
to time, or any rule or regulation promulgated pursuant thereto.
(5) Diversion of funds or property received for the completion of a specified
construction project or operation or as a result of the diversion the contractor is or will be
unable to fill the terms of his obligation or contract.
(6) Failure in any material respect to comply with the provisions of this article.
(7) Failure to maintain insurance coverage as set by the board.
(8) Failure to provide proof of worker's compensation insurance to the
building official or his designees upon demand for such proof.
(9) Falsification of application or testimony given before the board.
(10) Abandonment of a construction project in which the contractor is engaged
or under contract as a contractor. A project is to be considered abandoned if the
contractor terminates such project without notification to the prospective owner or
32
current owner for at least 30 days without just cause, such as acts of God causing
construction delay.
(11) Giving or offering to give, directly or indirectly, any city employee, council
member, board member or the city manager anything of value, monetary or otherwise,
with intent to influence such employee or board member in the discharge of his duties
under the provisions of this article.
(12) Attempting or threatening to coerce or coercing through physical act,
injury or damage to the city manager, or to any council member, board member, city
employee or any family member or property of any board member or city employee, with
intent to influence such board member or employee in the discharge of his duties under
the provisions of this article.
(13) The filing of a petition in bankruptcy, either voluntarily or involuntarily, the
making of an assignment for the benefit of creditors or the appointment of a receiver for
a contractor or an entity which is qualified to engage in the business of a contractor by
the holder of a certificate of competency issued by the board or a state certification
issued by the department. Provided, however, that such act shall only empower the
board to take such action as allowable under the laws of the state or the United States of
America, or to the extent otherwise allowable pursuant to this article.
Sec. 26-173. - Miscellaneous general provisions.
(a) The provisions of this article shall be deemed supplemental to, and not in
conflict with or in preemption of, the provisions of article VI, division 2 of chapter 2 of the
Code of Ordinances concerning the code enforcement special magistrate. To the extent
provided in such article, the special magistrate shall have concurrent jurisdiction over the
enforcement of any of the provisions of this article.
(b) All rules and regulations established by the board shall require approval
by the city council before such rules have force and effect.
(c) Any contractor who possesses a valid and active certificate of
competency issued by Indian River County, Florida, as of July 10, 1991, shall be entitled
to have a comparable certificate of competency issued by the board. In addition, any
floor covering contractor who possesses a valid and active certificate of competency
issued by Indian River County, Florida, on or before December 31, 1991, shall be
entitled to have a comparable certificate of competency issued by the board.
Sec. 26-174. - Enforcement of article.
Investigators under the direction of the director of community development or his
designee are hereby charged with the enforcement responsibilities of this article. An
investigator is authorized to issue citations for any violation under this article when,
based upon personal investigation, the investigator has reasonable probable grounds to
believe that a violation under any provision of this article has occurred. Investigators
shall not have the power of physical arrest nor shall they be authorized pursuant to this
article to bear arms. Nothing contained in this article shall be construed to authorize or
permit any investigator to perform any function or duty of a law enforcement officer other
than as specified in this article. An investigator may also issue any person a notice of
33
hearing in lieu of a citation whereby the alleged violator would then appear before the
board in accordance with section 26-197(5).
Sec. 26-175. - Penalties; appeals.
(a) In addition to the penalties that may be imposed and other remedies that
may be available to the city which are provided for elsewhere in this section, any person
who violates any provisions of section 26-171 or commits any of the acts constituting
cause for disciplinary action as set forth in section 26-172 shall be guilty of a violation of
the provisions of this article, and upon conviction thereof, shall be subject to the
penalties of section 1-10
(b) In addition to the penalties and other remedies that may be imposed
elsewhere in this section, the board may issue a cease and desist order to prohibit any
person from engaging in the business of contracting who does not hold the required
state certification or local certificate of competency for any work being performed by that
person or his employees or agents under this article.
(c) If a state certified contractor or a contractor possessing a certificate of
competency issued by the board pursuant to this article is found by the board, after a
due process hearing, to be guilty of fraud or a willful building code violation in the city, or
if the board possesses proof that such contractor, through a due hearing process, has
been found guilty in another city or county within the 12-month period of fraud or a willful
building code violation, and the board finds, after providing notice to the contractor, that
such fraud or violation would have been fraud or a violation of a building code of the city
if committed in the city, then the board may, in addition to the penalties that may be
imposed, and other remedies that may be available to the city which are provided for
elsewhere in this section, deny the issuance of a building permit to such contractor or
issue a building permit with specific conditions which the board determines to be
necessary to protect the public health, safety and general welfare. The board shall
provide notification of, and information concerning, any denial of a building permit
pursuant to this provision to the department within 15 days after the board decides to
deny such building permit.
(d) In addition to the penalties that may be imposed and other remedies that
may be available to the city which are provided for elsewhere in this section, the board
may impose an administrative fine in an amount not to exceed $500.00, fines may
include additional fees for investigative and legal costs incurred in the conte� of certain
disciplinary cases heard by the board, which shall be recoverable by the board only in an
action at law.
(e) In addition to the penalties that may be imposed and other remedies that
may be available to the city which are provided for elsewhere in this section, the board is
authorized to take the following disciplinary actions against the holder of a certificate of
competency issued by the board pursuant to this article, where such holder has been
found to violate section 26-171 or has engaged in any of the acts or omissions which
constitute cause for disciplinary action pursuant to section 26-172
34
(1) Suspend the certificate of competency issued by the board pursuant to
this article during the period fixed by the board, but the board may permit
the certificate holder to complete any contracts then uncompleted;
(2) Revoke the certificate of competency previously issued by the board
pursuant to this article; or
(3) Place the certificate holder on probation for a period fixed by the board,
but not in excess of three years.
(fl In addition to the penalties that may be imposed and other remedies that
may be available to the city which are provided for elsewhere in this section, the board
shall be empowered to refuse to issue building permits or to issue building permits
containing specific conditions to protect the public health, safety and general welfare to a
contractor who is state certified or who holds a certificate of competency issued by the
board pursuant to this article who has committed multiple violations of this article when
such contractor has been disciplined for each of such violations by the board and when
each disciplinary action has involved revocation or suspension of the state certification
by the department or has involved revocation or suspension of the certificate of
competency issued by the board pursuant to this article, the imposition of an
administrative fine of at least $1,000.00 or probation. Furthermore, the board shall be
empowered to issue permits with specific conditions designed to protect the public
health, safety and general welfare to a state certified contractor or a contractor who
holds a certificate of competency issued by the board pursuant to this article who, within
the previous 12 months, has had final action taken against him by the department, or by
the board when the board has reported such disciplinary action against the contractor to
the department where the contractor has engaged in the business or acted in the
capacity of a contractor without a license.
(g) In addition to the penalties that may be imposed and other remedies that
may be available to the city which are provided for elsewhere in this section, the board
shall be empowered to restrain any violation of this article by filing the appropriate action
in a court of competent jurisdiction for injunctive relief.
(h) Appeal shall be by certiorari. .
Sec. 26-176. - Savings clause.
It is the intent of the city that the provisions of this article be construed as being
consistent with the inherent municipal powers of the city and supplemental to, and
consistent with, the provisions of F.S. ch. 489 (1989), as amended from time to time.
However, it is the intent of the city to reserve the power to regulate state certified
contractors to the extent not inconsistent with the laws of the state, as amended from
time to time.
Secs. 26-177-26-190. - Reserved.
DIVISION 2. CONSTRUCTION BOARD
35
Sec. 26-191. - Membership; terms; filling of vacancies.
(a) The city construction board shall be composed of seven members and, as
far as practical, shall consist of two certified contractors (residential, building, general),
one electrical contractor, one heating and ventilation contractor, one architect or
engineer, one plumbing contractor, and one concerned citizen. The city council may also
appoint one or two alternate members who shall serve as necessary to assemble a
maximum of seven voting members of the board. It is preferred that the alternate
members consist of one certified contractor and one concerned citizen. All members and
alternate members shall be appointed by the city council, pursuant to section 2-170 of
this Code.
(b) To be eligible for appointment, except as otherwise provided in this
section, each contractor member shall be actively engaged in construction in the city,
[or] have an established business in the city limits.
(c) Each member of the board shall hold a valid certificate issued by the
board or the state in addition to having the qualifications required in subsection (b) of this
section, excepting the one concerned citizen member. If any member of the board, at
any time during his term, no longer possesses the required qualifications such member
shall be automatically suspended for 30 days; then, unless qualified within 30 days, shall
be replaced.
(d)
(1)
�2)
(3)
Of the regular members appointed to the board:
Two members shall be appointed for an initial term of one year;
Three members shall be appointed for an initial term of two years; and
Two members shall be appointed for an initial term of three years.
Thereafter all appointments shall be made for a term of three years. All terms of
office shall expire on September 30 of the last year of the term.
(e) Each alternate member shall be appointed for a term of three years.
(� Any member may be reappointed, subject to the limitations set forth in
subsection (d) of this section.
Sec. 26-192. - Meetings; quorum; officers; rules and regulations; budget.
(a) The board shall meet regularly as the need presents itself. Four members
of the board shall constitute a quorum. A majority of the members present shall be
required to act.
(b) The board shall elect officers from its membership. Whenever possible,
the person selected as the chairperson and vice-chairperson of the board shall have
served two years as a regular member of the board and shall have attended at least 90
percent of the meetings of the board in which such member was not otherwise excused
�
from attending by the individual serving as the chairperson of the board at such
meetings.
(c) The board is authorized to adopt rules and regulations to carry out
provisions of this article. The board may from time to time change, alter or amend the
rules and regulations adopted.
(d) Special meetings of the board may be held as the board provides in its
rules and regulations.
(e) All revenues received by the board shall be deposited with the city. The
board shall annually submit a budget to the city council for its expenses. The board or
any member thereof shall not receive any salary, expenses, or any other funds without
approval of the city council.
Sec. 26-193. - Oaths and testimony.
Any member of the board or duly appointed hearing officer designated by the
board may administer oaths and take testimony about all matters within the jurisdiction
of the board.
Sec. 26-194. - Seal.
The board shall adopt a seal for its use containing the words "City of Sebastian
Construction Board."
Sec. 26-195. - Compensation.
Members of the board shall receive no salary or compensation for attendance at
meetings, but may be reimbursed for their actual expenses incurred in the performance
of their duties in accordance with procedures established by resolution of the city
council.
Sec. 26-196. - Reserved.
Sec. 26-197. - Powers and duties.
The construction board shall have the following powers and duties:
(1) Advice to the city council. On its own initiative or whenever requested to
do so by the city council, to give advice to the city council and to other public officials or
employees with reference to any matter affecting contractors or the construction industry
within the corporate limits of the city.
(2) Reviewing city building and housing codes. To advise the city council
concerning the city building and housing codes, their adoption, their amendment, and
the revision of the minimum state building codes or any standard published code or
technical regulation which constitutes all or part of such codes or of this chapter.
(3) Examination of contractor's license holders and applicants therefore. To
examine or cause to be examined holders of contractor's licenses within the city or
applicants for such license, in accordance with the requirements of this chapter.
37
(4) Review of violations of this article. On the motion of the board, on a notice
of hearing issued by an investigator or on the verified written complaint of any person,
the board may review the actions of any person, including a contractor that has been
issued a certificate of competency by the board pursuant to this article or a state certified
contractor, who has violated any provision of this article. The board may hold due
process hearings and thereafter take appropriate disciplinary action as authorized
pursuant to this article if the person, including a state certified contractor or a contractor
holding a certificate of competency from the board pursuant to this article and including
an entity qualified by a contractor who is state certified or holds a certificate of
competency from the board pursuant to this article, is found to be in violation of one or
more of the acts or omissions constituting a prohibited activity pursuant to section 26-
171 or constituting cause for disciplinary action pursuant to section 26-172 to the e�ent
not reserved to the department to the exclusion of the board.
(5) Coordinate investigations with other governmental agencies. To
cooperate with other governmental agencies, local, state and federal, with reference to
any matter affecting contractors or the construction industry within the corporate limits of
the city.
(6) Subpoena powers. The board shall have the authority to subpoena
alleged violators and witnesses to its hearings. The city, the board or the alleged violator
may request that witnesses and records be subpoenaed to any emergency or formal
hearing. Subpoenas shall be served in the same manner as civil subpoenas are served
under Florida Statutes and the Florida Civil Rules of Procedure. The chairman of the
board shall provide the clerk with sufficient signed and blank witness subpoenas to be
provided to alleged violators and the city attorney for the purpose of subpoenaing
witnesses and records.
(7) Other. The board shall perform such other duties as may be determined
by the city council.
Sec. 26-198. - Administration.
In order to carry out the intent of this article, the city council hereby appoints the
following officials to assist the construction board in performing its duties:
(1) Building official. The building official, or his authorized representative,
shall have the primary duty of enforcing the various codes and initiating disciplinary
proceedings before the board, and shall make such recommendations or reports to the
board as needed on each matter considered by it.
(2) Clerk. The building official shall appoint a city employee to be the board
clerk. The clerk shall record all meetings of the board and shall prepare minutes of each
meeting, which shall state all motions, the vote of each member upon each question or
motion, and a statement as to any member who is absent or failing to vote. The minutes
of the board may be in a summary or outline form, but shall accurately reflect the
deliberations of the board. The clerk shall perform such other functions assigned to the
clerk by the board.
38
(3) Lega/ counsel. The city attorney shall advise and be counsel to the board.
The legal counsel shall be compensated as provided by the city council.
Secs. 26-199-26-209. - Reserved.
ARTICLE VII. DEVELOPMENT AGREEMENTS
Sec. 26-210. - Development agreements; generally.
Upon compliance with the applicable provisions of the Florida Local Government
Development Agreement Act, as set forth in F.S. § 163.3220 et seq., as amended from
time to time, the city council shall have the authority, by resolution, to authorize the
mayor or city manager to enter into a development agreement on behalf of the city with
the owner of real property located in the city, which allows the property owner to proceed
with the development of the owner's real property in accordance with existing laws and
policies, subject to the terms and conditions of the development agreement."
Section 2. 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 3. CONFLICT.
conflict herewith are hereby repealed.
All ordinances or parts of ordinances in
Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon
its adoption by the City Council.
39
The foregoing Ordinance was moved for adoption by Councilmember
Gillmar The motion was seconded by Councilmember
Wright and, upon being put to a vote, the vote was as follows:
Mayor Jim Hill
Vice-mayor pon Wright
Councilmember Andrea Coy
Councilmember Richard Gillmor
Councilmember Bob McPartlan
aye
aye
aye
aye
�e
The Mayor thereupon declared this Ordinance duly passed and adopted this
22nd day of August , 2012.
City Clerk
ATTEST:
-,
o , -,
` � ��..---�
Sally A. Ma' , MMC
City Cler�
CITY OF S
:
, FLORIDA
Approved as to form and legality for
reliance by the City of Sebastian only:
Robert A. Ginsburg, City rney
40