HomeMy WebLinkAboutOrdinance No. 06-2001 }
ORDINANCE NO. 06-2001
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 82, AND PROVIDING FOR
ADOPTION OF AN AMENDED CHAPTER 82 RELATING TO BUILDINGS
AND BUILDING CODE REGULATIONS: ADOPTING THE 2001 EDITION OF
THE FLORIDA BUILDING CODE, THE 2001 EDITION THE FLORIDA
PLUMBING CODE, THE 2001 EDITION THE FLORIDA MECHANICAL
CODE AND THE 2001 EDITION THE FLORIDA FUEL GAS CODE, THE
NATIONAL ELECTRIC CODE, NFPA 70, 1999 EDITION, THE
INTERNATIONAL PROPERTY MAINTENANCE CODE 1998 EDITION, THE
EXISTING STANDARD BUILDING CODE, 1998 EDITION, PROVIDING FOR
THE REPEAL OF ANY ORDINANCE OR RESOLUTION IN CONFLICT
HEREWITH: PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Florida Building Commission was charged with developing
and implementing a new Florida building code for the State of Florida; and
WHEREAS, the statewide, Florida building code will become effective January
1, 2002; and
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WHEREAS, as a result of the new Florida building code, all local amendments
to the building code are repealed effective January 1, 2002; and
WHEREAS, The City desires to adopt administrative requirements that are not
in conflict with the Florida building code.
THEREFORE, BE IT ENACTED BY THE CITY OF CAPE CANAVERAL, FLORIDA:
SECTION 1. That Chapter 82 of the City Code of Cape Canaveral, Florida is hereby
amended as follows;
Article I. General Administrative
Sec. 82 -1. Proof of competency.
The applicant shall present to the building official a current certificate issued by
the Florida Construction Industry Licensing Board, or possess a current Brevard
County competency card.
Sec. 82-2. Occupational license required for contractors.
E All contractors covered by this chapter must secure an occupational license
from the City if their businesses are located within the city.
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Ordinance No. 06 -2001
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82-3 Building Department.
There is hereby established a department to be called the Building Department artment and
the person in charge shall be known as the Building Official.
Sec. 82-4 Employee qualifications.
Employees that are responsible for the administration and enforcement of this
chapter shall have the qualifications as defined in Chapter 468. Part XII, Florida
Statutes, and Chapter 61 G19, Florida Administrative Code.
Sec. 82 -5 Restrictions on employees.
An officer or employee connected with the Building Department, except one whose
only connection is as a member of the board established by this code, shall not be
financially interested in the furnishing of labor, material, or appliances for the
construction, alteration, or maintenance of a building, structure, service, system or in
the making of plans or of specifications thereof, within the jurisdiction of the Building
Department. An officer or employee shall not engage in any other work which is
inconsistent with his duties or conflict with the interest of the Building Department.
Sec. 82 -6 Records.
The Building Official shall keep, or cause to be kept, a record of the business of the
Building Department. The records shall be open to public inspection.
Sec. 82 -7 Liability.
Any officer or employee, or member of the Construction Board of Adjustment and
Appeals, charged with the enforcement of this code, acting for the applicable
governing authority in the discharge of his duties, is hereby relieved from all personal
liability, for any damage as a result of the discharge of his duties under this code.
Any officer, employee or member of the Construction Board of Adjustment and
I I Appeals shall be indemnified by the City of Cape Canaveral from any law suit brought
by any party against same as a result of any act taken in the discharge of his duties
under the Cape Canaveral Code of Ordinances.
Sec. 82 -8 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, 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 of purpose of this code, and shall not have the effect of waiving
requirements specifically provided for in this code.
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Sec. 82 -9 Right of entry.
(a) Whenever necessary to make an inspection to enforce
P any of the provisions of
this code, 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.
(b) When the Building Official shall have first obtained a proper inspection warrant or
other remedy provided by law to secure entry, no owner or occupant or any other
persons having charge, care or control of any building, structure, or premises shall fail
or neglect, after proper request is made as herein provided, to promptly permit entry
therein by the Building Official for the purpose of inspection and examination pursuant
to this code.
Sec. 82 —10 Stop work orders.
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 this
code 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.
Sec. 82 -11 Revocation of permits.
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.
(a) Misrepresentation of application.
The Building Official may revoke a permit or approval, issued under the P rovisions of
this code, 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.
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(b) Violation of code provisions.
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{ 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 plumbing
systems for which the permit was issued is in violation of, or not in conformity with,
the provisions of this code.
Sec. 82 -12 Unsafe buildings or systems.
All buildings, structures, electrical, gas, mechanical or plumbing systems which are
unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire
hazard, or are otherwise dangerous to human life, or which in relation to existing use,
constitute a hazard to safety or health, are considered unsafe buildings or service
systems. All such unsafe buildings, structures or service systems are hereby
declared illegal and shall be abated by repair and rehabilitation or by demolition in
accordance with the provisions of the Standard Unsafe Building Abatement Code or
other provisions of the City of Cape Canaveral codes.
Sec. 82 -13. Permitting and inspection
The inspection or permitting of any building, system or plan by the jurisdiction
under the requirements of this code shall not be construed in any court as a warranty
of the physical condition of such building, system or plan or their adequacy. Neither
the jurisdiction nor any employee thereof shall be liable in tort for damages for any
defect or hazardous or illegal condition or inadequacy in such building, system or
plan, nor for any failure of any component of such, which may occur subsequent to
such inspection or permitting, unless the employee of jurisdiction is found to have
acted in bad faith or with malicious purpose in a manner exhibiting wanton and willful
disregard of the safety, health and welfare of the public.
Sec. 82 -14. Permit Intent.
Permit Intent. A permit issued shall be construed to be a license to proceed
with the work and not as authority to violate, cancel, alter or set aside any of the
provisions of the technical codes, nor shall issuance of a permit prevent the building
official from thereafter requiring a correction of errors in plans, construction, or
violations of this code. Every permit issued shall become invalid unless the work
authorized by such permit is commenced within six months after its issuance, or if the
work authorized by such permit is suspended or abandoned for a period of six t
months after the time work is commenced. The permit shall become invalid after I
three years from the date of its issuance in zoning districts of the city, unless the
building or buildings subject to the permit have exteriors and landscaping which are in
substantial compliance with the plans and specifications and comply with the f
provisions of section 34 -96, section 34 -97, subsections 34- 98(3), (4), (5) (6), (7), (8), t
(9), and (11), section 34 -99, and section 34 -122 of the City Code of Ordinances.
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City of Cape Canaveral, Florida
Ordinance No. 06 -2001
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Extensions of time for building permits may be granted only by the city council.
Further, any unfinished buildings or structures for which a permit has lapsed or
otherwise become invalid, and where the appearance and other conditions of such
unfinished building or structure substantially detracts from the appearance of the
immediate neighborhood, or reduces the value of property in the immediate
neighborhood, or is a nuisance shall be deemed to be a violation of the above
referenced code sections, which violation may be enforced by the code enforcement
board.
Sec. 82 -15 Schedule of Permit Fees.
On all buildings, structures, electrical, plumbing, mechanical and gas systems or
alterations requiring a permit, a fee for each permit shall be paid as required at the
time of filing application, in accordance with appendix B of the City of Cape
Canaveral code.
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Sec. 82 -16 Additional data
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The Building Official shall be allowed to require details, computations, stress
diagrams, and other data necessary to describe the construction or installation and
the basis of calculations. All drawings, specifications and accompanying data
required by the Building Official to be prepared by an architect or engineer shall be
5 affixed with their official seal.
Sec. 82 -17 Hazardous occupancies.
The Building Official may require the following:
1. General site plan. A general site plan drawn at a legible scale which shall
include, but not be limited to, the location of all buildings, exterior storage facilities,
permanent access ways, evacuation routes, parking lots, internal roads, chemical
loading areas, equipment cleaning areas, storm and sanitary sewer accesses,
emergency equipment and adjacent property uses. The exterior storage areas shall
be identified with the hazard classes and the maximum quantities per hazard class of
hazardous materials stored.
2. Building floor plan. A building floor plan drawn to a legible scale, which shall r
include, but not be limited to, all hazardous materials storage facilities within the
building and shall indicate rooms, doorways, corridors, exits, fire rated assemblies
with their hourly rating, location of liquid tight rooms, and evacuation routes. Each
hazardous materials storage facility shall be identified on the plan with the hazard
classes and quantity range per hazard class of the hazardous materials stored.
Sec. 82 -18 Special foundation permit.
When application for permit to erect or enlarge a building has been filed and pending
issuance of such permit, the Building Official may, at his discretion, issue a special s
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t permit for the foundation only. The holder of such a special permit is proceeding at
1 his or hers own risk and without assurance that a permit for the remainder of the work
, will be granted or that corrections will not be required in order to meet provisions of
,
the technical codes.
Sec. 82-19 Public right of way.
A permit shall not be given by the Building Official for the construction of any building,
or for the alteration of any building where said building is to be changed and such
change will affect the exterior walls, bays, balconies, or other appendages or
projections fronting on any street, alley or public lane, or for the placing on any lot or
premises of any building or structure removed from another lot or premises, unless
the applicant has made application for right of way permits from the authority having
jurisdiction over the street, alley or public lane.
Sec. 82-20 Existing building inspections.
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Before issuing a permit, the Building Official may examine or cause to be examined
any building, electrical, gas, mechanical, or plumbing systems for which an I
application has been received for a permit to enlarge, alter, repair, move, demolish,
install, or change the occupancy. The Building Official shall inspect all building
[ structures, electrical, gas, mechanical and plumbing systems, from time to time,
during and upon completion of the work for which a permit was issued. He shall make
record of every such examination and inspection and of all violations of the technical
codes.
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, Sec. 82-21 Inspection service.
The Building Official may make, or cause to be made, the inspections required by the
Florida Building Code. He or she may accept reports of inspectors of recognized
inspection services, provided that after investigation he 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 in writing and certified
by the building code inspector or the architect or engineer performing building code
inspections. The Building Official shall ensure that all persons making such 1
inspections shall be certified in accordance to Chapter 468 Florida Statutes.
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1 Sec. 82-22. Tests
For products not covered under the statewide product evaluation and approval 1
system, the the building official may require tests or test reports as proof of compliance.
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E Required tests are to be made at the expense of the owner, or his agent, by an
approved testing laboratory or other approved agency.
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Sec. 82 -23 Violations and penalties.
Any person, firm, corporation or agent who shall violate a provision of this code, or
fail to comply therewith, or with any of the requirements thereof, or who shall erect,
construct, alter, install, demolish or move any structure, electrical, gas, mechanical or
plumbing system, or has erected, constructed, altered, repaired, moved or
demolished a building, structure, electrical, gas, mechanical or plumbing system, in
violation of a detailed statement or drawing submitted and permitted there under,
shall be guilty of a misdemeanor of the second degree punishable under Section 1 -15
of The City of Cape Canaveral Code of Ordinances. Each such person shall be
considered guilty of a separate offense for each and every day or portion thereof
during which any violation of any of the provisions of this code is committed or
continued, and upon conviction of any such violation such person shall be punished
within the limits and as provided by Florida laws.
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ARTICLE II BUILDING CODE
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Sec. 82 -31. Florida Building Code adopted.
The Florida Building Code 2001 edition as published by the Florida Building
Commission, shall be known as the City of Cape Canaveral Building Code and is
hereby adopted by reference and incorporated herein as if fully set out
(a) The Construction Board of Adjustment and Appeals shall serve as the
Board of Adjustment and Appeals for this code
(b) The following appendix to the Florida Building Code 2001 edition is
hereby adopted: Appendix A. (Weight of Building Materials)
(c) Wind speed zone: All of the City of Cape Canaveral as described within
the city charter, Article I, Sec. 2, is in the wind speed zone of 130 mph.
3- second gust.
(d) Wind exposure category. All of the City of Cape Canaveral as
described within the city charter, Article I, Sec. 2, is in the wind
exposure category Exposure "C"
(e) Wind borne debris region. All of the City of Cape Canaveral as
described within the city charter, Article I, Sec. 2, is in the wind borne
debris region.
Sec.82 -32. Establishment of Construction Board of Adjustment and Appeals
There is hereby established a board to be called the Construction Board of
Adjustment and Appeals, which shall consist of five members. The board shall be
appointed by the city council.
(a) Members of the construction board of adjustment and appeals should be
composed of individuals with knowledge and experience in the technical codes, such
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as design professionals, contractors or building industry representatives. A board
member shall not act in a case in which he has a personal or financial interest.
(b) Terms. The terms of office of the board members shall be two years from the
date of appointment. Continued absence of any member from required meetings of
the board shall, at the discretion of the city council, render any such member subject
to immediate removal from office.
(c) Quorum and Voting. Three members shall constitute a quorum and the
affirmative vote of the majority present shall be necessary for any board actions.
(d) Secretary of Board. The building official or designee shall act as secretary of
the board and shall make a detailed record of all of its proceedings, which shall set
forth the reasons for its decision, the vote of each member, the absence of a member
and any failure of a member to vote.
} (e) Powers. The Construction Board of Adjustments and Appeals shall have the
power, as further defined in 82 -29, to hear appeals of decisions and interpretations of
the building official and consider variances of the technical codes.
Sec.82 -33. Appeals
(a) Decisions of the building official. The owner of a building, structure or
service system, or his duly authorized agent, may appeal a decision of the building
official to the Construction Board of Adjustment and appeals whenever any one of the
following conditions are claimed to exist:
1. The building official rejected or refused to approve the mode or manner
of construction proposed to be followed or materials to be used in the
installation or alteration of a building, structure or service system.
2. The provisions of this code do not apply to this specific case.
3. That an equally good or more desirable form of installation can be
employed in any specific case.
4. The true intent and meaning of this code or any of the regulations
thereunder have been misconstrued or incorrectly interpreted.
(b) Variances.
The Construction Board of Adjustments and Appeals, when so appealed to and after
a hearing, may vary the application of any provision of this code to any particular
case when, in its opinion, the enforcement thereof would do manifest injustice and
would be contrary to the spirit and purpose of this or the technical codes or public
interest, and also finds all of the following:
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1. That special conditions and circumstances exist which are peculiar to
the building, structure or service system involved and which are not
4 applicable to others.
2. That the special conditions and circumstances do not result from the
action or inaction of the applicant.
3. That granting the variance requested will not confer on the applicant
any special privilege that is denied by this code to other buildings,
structures or service system.
4. That the variance granted is the minimum variance that will make
possible the reasonable use of the building, structure or service system.
5. That the granting of the variance will be in harmony with the general
intent and purpose of this code and will not be detrimental to the public
r health, safety and general welfare.
(c) Conditions of the variance.
1 In granting the variance, the board may prescribe a reasonable time limit within which
the action for which the variance is required shall be commenced or completed or
both. In addition, the board may prescribe appropriate conditions and safeguards in
conformity with this code. Violation of the conditions of a variance shall be deemed a
violation of this code.
(d) Notice of appeal.
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Notice of appeal shall be in writing and filed within 30 calendar days after the decision
is rendered by the building official. Appeals shall be in a form acceptable to the
building official.
}
(e) Unsafe or dangerous buildings or service systems.
In the case of a building, structure or service system which, in the opinion of the
building official, is unsafe, unsanitary or dangerous, the building official may, in his
order, limit the time for such appeals to a shorter period.
Sec.82 -34. Procedures of the Board
(a) Rules and regulations.
The board shall establish rules and regulations for its own procedure not inconsistent
with the provisions of this code. The board shall meet on call of the chairperson. The
board shall meet within 30 calendar days after notice of appeal has been received.
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(b) Decision.
The Construction Board of Adjustment and Appeals shall, in every case, reach a
decision without unreasonable or unnecessary delay. Each decision of the board
shall also include the reasons for the decision. If a decision of the board reverses or
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modifies a refusal, order, or disallowance of the building official or vanes the
a pplica tion Canaveral of any provision of this code, the building official shall immediately take
I action in accordance with such decision. Every decision shall be promptly filed in
wri i n t he office of t he building official and shall be open to public inspection. A
City
certified copy of the decision shall be sent by mail or otherwise to the appellant and a
copy shall be kept publicly posted in the office of the building official for two weeks
after filing. Every decision of the board shall be final, subject however to such
remedy as ay aggrieved party might have at law or in equity.
Sec. 82- 35 -82 -55 Reserved.
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ARTICLE Ill. UNSAFE BUILDING A ABATEMENT CODE
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Sec. 82 -56. Standard Unsafe Building Abatement Code Adopted.
The Standard Unsafe Building Abatement Code, 1985 edition, as published by
the Southern Building Code Congress International, Inc., is hereby adopted by
reference and incorporated herein as if fully set. The Standard Unsafe Building
Abatement Code is hereby amended to read as follows:
(a) Section 105.1. The Construction Board of Adjustment and Appeals
shall serve as the Board of Adjustment and Appeals for this code.
(b) Section 605. Cost of repair or demolition; lien on property: collection.
(1) Upon repair or demolition of any building or structure, either
with city crews or by independent contractor, all costs of
demolition and /or repair shall be assessed against and
constitute a lien on the property upon which the building or
structure is /was situated. The lien shall be equal in rank,
priority and dignity with the lien of Brevard County ad
valorem taxes and shall be superior to all other liens,
encumbrances, titles and claims in, to or against the
property. Cost shall include, but not limited to,
administrative cost, attorney's fees, postage, newspaper
publication fees and actual costs of physical removal and /or
repair.
(2) The city clerk shall file such lien in the Public Records of
Brevard County Florida, showing the nature of the lien, the
amount thereof, a legal. Description of the property and the
owner thereof. Such liens shall bear interest from the date
E of filing at the highest rate allowed by law.
(3) The lien may be enforced in the same manner as a court
judgment by the Sheriffs of the State of Florida, including
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levy against personal property, and may also be foreclosed
r in the nature of a mortgage. All costs and attorney's fees
incurred in collection of amounts due under any such hen
shall also be secured by the property and included within
the total sum due under the lien.
Sections 82-57 & 82 -58 are hereby repealed
Secs. 82 -59 -82-80 Reserved.
ARTICLE IV. COASTAL CONSTRUCTION CODE
THE FOLLOWING CODE SECTIONS ARE HEREBY AMENDED
Sec. 82 -88 Structural requirements for major structures.
(a) Design and construction. Major structures, except for mobile homes, shall be
designed and constructed in accordance with section 1606 of the building code
adopted in section 82 -31 using a 3- second gust 130 miles per hour. Major structures,
except mobile homes, shall also comply with the applicable standards for
construction found elsewhere in this Code.
(b) Mobile homes. Mobile homes shall conform to the federal mobile home
construction and safety standards or the Uniform Standards Code ANSI A- 119.1,
pursuant to F.S. § 320.823, as well as subsection (c) of this section.
(c) Elevation, flood proofing and siting. All major structures shall be designed,
constructed and located in compliance with the national flood insurance regulations
as found in 44 CFR 59 and 60 or section 90 -26 et seq. pertaining to flood damage
prevention, whichever is more restrictive.
(Code 1981, § 612.15)
Sec. 82 -89. Design conditions.
(a) Velocity pressure. Major structures, except mobile homes, shall be
designed in accordance with section 1606 of the building code adopted in
this section 82 -31.
Secs.. 82 -95 -82 -115. Reserved
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ARTICLE V. ELECTRICAL.
Sec. 82 -116. Adoption of National Electrical Code.
The National Electric Code, NFPA 70, 1999 edition, as published by the National Fire
Protection Association, is hereby adopted by reference and incorporated herein as if
fully set out.
The electrical inspector is hereby given the power to disconnect extension cords,
temporary wiring, branch circuits, sub feed conductors, or the main service supplying
electrical energy to any portion of an electrical wiring system on or in buildings, or on
premises, if this wiring is in the opinion of the inspector considered to be hazardous
to life or property. Any person supplying current must disconnect service from the
source of supply upon instructions from the electrical inspector where hazards are
deemed to exist, after receiving written notice from the electrical inspector.
The Construction Board of Adjustment and Appeals shall serve as the Board
of Adjustment and Appeals for this article.
Sections 82 -117 — 82 -125 are hereby repealed
Sections 82 -125 - 82 -145. Reserved.
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ARTICLE VI. PLUMBING.
Sec. 82 -146. Adoption of Plumbing Code.
The Florida Plumbing Code, 2001 edition, as published by the Florida Building
commission is hereby adopted by reference and incorporated herein as if fully set
out.
The Construction Board of Adjustment and Appeals shall serve as the Board
of Adjustment and Appeals for this article.
The following appendices of the Florida Plumbing Code are hereby adopted:
Appendix B, Appendix D, and Appendix E.
Sections 82 -147 & 82 -148 are hereby repealed
Sec. 82 -149- 82 -170. Reserved.
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ARTICLE VII. FUEL GAS.
Sec. 82 -171. Adoption of Fuel Gas Code.
The Florida Fuel Gas Code, 2001 edition, as published by the Florida Building
Commission is hereby adopted by reference and incorporated herein as if fully set
out.
The Construction Board of Adjustment and Appeals shall serve as the Board
of Adjustment and Appeals for this article.
The following appendices of the Florida Fuel Gas Code are hereby adopted:
Appendix A and Appendix B.
Sections 82 -172 & 82 -173 are hereby repealed
Sec. 82 -174 - 82 -195. Reserved.
ARTICLE VIII. MECHANICAL.
Sec. 82 -196. Adoption of Mechanical Code.
The Florida Mechanical Code, 2001 edition, as published by the Florida
Building Commission, is hereby adopted by reference and incorporated herein as if
fully set out.
The Construction Board of Adjustment and Appeals shall serve as the Board
of Adjustment and Appeals for this article.
Sections 82 -197 is hereby repealed
Sec. 82 -198 - 82 -220. Reserved.
SECTION 2.
That Amended Chapter 82 of the City Code of Cape Canaveral, Florida hereby
repeals Article IX Solar Energy Standards, Article X Swimming Pool Code, Article XI
Housing Code, Article XII Excavation and Grading Code and Article XIII Threshold
Building, and the following Articles are hereby adopted
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ARTICLE IX INTERNATIONAL PROPERTY MAINTENANCE CODE
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Sec. 82 -221. Intemational Property Maintenance Code Adopted.
The International Property Maintenance Code, 1998 edition, as published by
the International Code Council, is hereby adopted by reference and incorporated
herein as if fully set out.
(a) The Construction Board of Adjustment and Appeals shall serve as the
Property Maintenance Board of Adjustment and Appeals for this article.
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Sec. 82 -222 - 82 -232. Reserved.
ARTICLE X EXISTING STANDARD BUILDING CODE
Sec. 82 -233. Existing Standard Building Code adopted.
The existing Standard Building Code, 1998 edition, as published by the
Southern Standard Building Code Congress International, Inc., is hereby adopted by
reference and incorporated herein as if fully set out.
(a) The Construction Board of Adjustment and Appeals shall serve as the
Board of Adjustment and Appeals for this article.
Sec. 82 -233 - 82 -243. Reserved.
SECTION 3. CONFLICTING PROVISIONS. Any ordinance, or parts
thereof, in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY. If any section, paragraph, phrase, or word
of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect
the remaining portions hereof, and it shall be construed to have been the legislative
intent to pass this Ordinance without such unconstitutional or invalid part.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect upon its
adoption by the Florida Legislature.
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ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 4th
a day of December, 2001
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Rocky Randels, AAYOR
ATTEST: FOR AGAINST
Jim Morgan X
Susan Stil , CITY CLERK Buzz Petsos X !
Rocky Randels X •
Richard Treverton Second
APPROVED AS TO FORM:
Larry Weber Motion
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Kohn Bennett, CITY ATTORNEY
First Public Hearing: 11 -20 -01
Legal Ad Published: 11 -24 -01
Second Public Hearing: 12 -04 -01
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