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