HomeMy WebLinkAboutcocc_ordinance_no_17-2024_202408201 ORDINANCE NO. 17-2024
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
4 BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 82 BUILDINGS AND
5 BUILDING REGULATIONS TO ADOPT A LOCAL ADMINISTRATIVE
6 AMENDMENT TO THE FLORIDA BUILDING CODE TO ADD A NEW CITY
7 CODE SECTION 82-149 REQUIRING A BUILDING PERMIT FOR ROOF
8 COATINGS REGULATED UNDER THE FLORIDA BUILDING CODE;
9 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
10 AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY;
11 AND AN EFFECTIVE DATE.
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13 WHEREAS, the City is granted authority under Section 2(b), Article VIII, of the State
14 Constitution to exercise any power for municipal purposes, except when expressly prohibited by
15 law, and
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17 WHEREAS, Section 553.73(4)(a), Florida Statutes (Florida Building Code) authorizes the
18 City to adopt local administrative amendments to the Florida Building Code; and
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20 WHEREAS, although Section 1509 of the Florida Building Code addresses technical
21 requirements for roof coatings, the Florida Building Code does not currently require a building
22 permit and inspection when a property owner installs a roof coating over a roof covering; and
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24 WHEREAS, the City Council finds that in some cases the proper installation of a roof
25 coating may extend the life of an existing roof covering and such extension may help property
26 owners with acquiring property insurance coverage; and
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28 WHEREAS, requiring a building permit for a roof coating is a more stringent permitting
29 requirement than the current minimum administrative requirements under the Florida Building
30 Code; however, the City Council finds that requiring a building permit for roof coatings may be
31 beneficial to property owners who are attempting to document proper installation of roof
32 coatings for purposes of obtaining property insurance coverage; and
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34 WHEREAS, the City Council finds that this Ordinance is a local administrative amendment
35 to the Florida Building Code and it is not intended to be, nor should it be construed as, a local
36 technical amendment to the Florida Building Code because this Ordinance does not modify
37 materials and construction techniques and processes required by the Florida Building Code; and
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39 WHEREAS, the City Council also recognizes that a "Roofing contractor" is defined under
40 Section 489.105(3)(e), Florida Statutes to mean a contractor whose services are unlimited in the
41 roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter,
42 extend, or design, if not prohibited by law, and use materials and items used in the installation,
43 maintenance, extension, and alteration of all kinds of roofing, waterproofing, and coating, except
City of Cape Canaveral
Ordinance No. 17-2024
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1 when coating is not represented to protect, repair, waterproof, stop Teaks, or extend the life of the
2 roof. The scope of work of a roofing contractor also includes skylights and any related work,
3 required roof -deck attachments, and any repair or replacement of wood roof sheathing or fascia
4 as needed during roof repair or replacement and any related work; and
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6 WHEREAS, the City Council recognizes that the building department will be required to
7 issue building permits in furtherance of this ordinance only to appropriately licensed contractors
8 that are authorized to perform roofing in the State of Florida pursuant to Chapter 489, Florida
9 Statutes; and
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11 WHEREAS, the City Council deems the adoption of this Ordinance is in the best interests
12 of the public health, safety and welfare of the citizens of Cape Canaveral.
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14 NOW, THEREFORE, BE IT DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF
15 CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
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17 Section 1. Recitals. The foregoing recitals are hereby deemed true and correct and are
18 hereby fully incorporated herein by this reference as a material part of this Ordinance.
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20 Section 2. Adopting a New Section 82-149 of the City Code. The City Council of the City
21 of Cape Canaveral hereby adopts the following amendments to Chapter 82, Article VI of the Cape
22 Canaveral Code of Ordinances, (underlined type indicates additions to and tr+ket#Faugk► type
23 indicates deletions from the existing text in Chapter 82, while *** indicate deletions from this
24 Ordinance of said Chapter 82 Buildings and Building Regulations that shall remain unchanged in
25 the City Code):
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27 CHAPTER 82 BUILDINGS AND BUILDING REGULATIONS
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29 ***
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31 ARTICLE VI. Local Amendments to Florida Building Code, Building
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33 ***
34 Sec. 82-149 Technical Amendment to Florida Building Code — Building Permit Required for
35 Roof Coatings
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37 A building permit shall be required under this chapter for the installation and application of a roof
38 coating regulated under Section 1509 and any other applicable provisions of the Florida Building
39 Code, except in instances when the coating is not represented to protect, repair, waterproof, stop
40 leaks, or extend the life of the roof. A property owner may opt out of the building permit
41 requirement required by this section for an area of 100 square feet or Tess.
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43 Secs. 82 82-150 — 82-170 Reserved.
City of Cape Canaveral
Ordinance No. 17-2024
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3 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
4 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
5 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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7 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
8 Canaveral City Code and any section or paragraph, number or letter, and any heading may be
9 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
10 like errors may be corrected and additions, alterations, and omissions, not affecting the
11 construction or meaning of this ordinance and the City Code may be freely made.
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13 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion
14 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
15 jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
16 holding shall not affect the validity of the remaining portions of this Ordinance.
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18 Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
19 by the City Council of the City of Cape Canaveral, Florida.
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21 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
22 assembled this 20th day of August, 2024.
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28 Wes Morrison, Mayor
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31 ATTEST:
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35 Mia Goforth, CMC,
36 City Clerk
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38 Name FOR AGAINST
39 Kim Davis x
40 Kay Jackson x
41 Mickie Kellum Motion
42 Wes Morrison x
Don Willis Second
City of Cape Canaveral
Ordinance No. 17-2024
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SEAL OF CAPE CANAVERAL, FLORIDA
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2 Approved as to legal form and sufficiency
3 For the City of Cape Canaveral only by:
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7 Anthony A. Garganese, City Attorney
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10 First Reading: July 16, 2024
11 Advertisement: August 8, 2024
12 Second Reading: August 20, 2024
City of Cape Canaveral
Ordinance No. 17-2024
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