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Home My WebLink AboutOrdinance No. 18-95• • • ORDINANCE NO. 18 -95 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE II, BUILDING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1994 REVISIONS OF THE STANDARD BUILDING CODE WITH CERTAIN AMENDMENTS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERAI3ILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Chapter 82, Building and Building Regulations, Article II, Building Code, is hereby amended by repealing Article II in its entirety and replacing same with the following: 82 -31. Adopted. The Standard Building Code, 1994 edition, published by the Southern Building Code Congress International, Inc., including appendices A, C, D, E, F, G and H is adopted by reference as though it were set out in this article in full. Sec. 82 -32. Amendments. The building code adopted in section 82 -31 is amended as follows: (1) Section 102.2.1 is amended to read as follows: 102.2.1 Building Official Qualifications. The building official shall have at least ten (10) years' experience or equivalent as an architect, engineer, inspector, contractor or superintendent of construction or any combination of these, five (5) years of which shall have been in responsible charge of work. The building official should be certified as a building official shall be appointed or hired by the city manager and shall not be removed from office except for cause after full opportunity has been given to be heard on specific charges before the city manager. (2) Section 102.2.2 is amended to read as follows: 102.2.2 Chief Inspector Qualifications. The building official, with the approval of the city manager, may designate chief inspectors to administer the provisions of the building, electrical, gas, mechanical and plumbing codes. They shall have at least ten (10) years' experience or equivalent as an architect, engineer, inspector, contractor, or superintendent of construction or any combination of these, five (5) years of which shall • City of Cape Canaveral Ordinance No. 18 -95 Page 2 have been in responsible charge of work. They should be certified through a recognized certification program for the appropriate trade. They shall not be removed from office except for cause after full opportunity has been given to be heard on specific charges in accordance with the city Code of Ordinances. (3) Section 102.2.3 is amended to read as follows: 102.2,3 Inspector Qualifications. The building official, with the approval of the city manager, may appoint or hire such number of officers, inspectors, assistants and other employees as shall be authorized from time to time. A person shall not be appointed or hired as inspector of construction who has not had at least five (5) years' experience as a building inspector, engineer, architect or as a superintendent, foreman or competent mechanic in charge of construction. The inspector should be certified through a recognized certification program for the appropriate trade. (4) Section 104.6.1 is amended to read as follows: 104.6.1 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 (6) months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six (6) months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six (6) months after the time work is commenced. The permit shall become invalid after three (3) 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 provisions of Section 34 -96, Sec. 34 -97, subsections 34- 98(3), (4), (5), (6), (7), (9), and (11), Section 34 -99, and Section 34 -122 of the City Code of Ordinances. 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. • (5) Section 108.1 is amended to read as follows: City of Cape Canaveral • Ordinance No. 18 -95 Page 3 • 108.1 Appointment. There is hereby established a board to be called the Construction Board of Adjustment and Appeals, which shall consist of five (5) members. The board shall be appointed by the city council. (6) Section 108.2 is amended to read as follows: 108.2 Membership and Terms. 108.2.1 Membership. Members of the Construction Board of Adjustment and Appeals should be composed of individuals with knowledge and experience in the technical codes, such 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. 108.2.2 Terms. The terms of office of the board members shall be two (2) 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. 108.2.3 Quorum and Voting. A simple majority of the board shall constitute a quorum. 108.2.4 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. (7) Section 1509.1.4.1 is amended to read as follows: 1509.1.4.1 Nails and clips shall be hot - dipped galvanized, stainless steel, nonferrous metal or other suitable corrosion resistant material. Staple fasteners shall not be permitted. (8) Section 1509.4.1.2 is amended to read as follows: 1509.4.1.2 Shingle application shall be as specified in the manufacturer's published application instructions. Notwithstanding anything to the contrary contained herein, asphalt shingles must be fungus resistant. • SECTION 2. CONFLICTING PROVISIONS. Any ordinance, or parts of an • City of Cape Canaveral Ordinance No. 18 -95 Page 4 ordinance, in conflict herewith are repealed. SECTION 3. 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 a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of August , c §§ '& ii ,,„ .„, ATTEST,, .q.i.5P0 APPRO S _ O FORM: I�� r Kohn Bennett, CI ATTORNEY hn K. Porter, MAYOR NAME FOR AGAINST BERGER X NICHOLAS X PETSOS _ABSENT PORTER RANDELS X c: Jim Morgan, Building Official; Municipal Code Corporation • • • City of Cape Canaveral Ordinance No. 18 -95 Page 5 First Reading: 8 -10 -95 Posted: 8 -11 -95 Published: 8 -05 -95 Second Reading: 8 -15 -95