HomeMy WebLinkAboutOrdinance No. 21-95•
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ORDINANCE NO. 21 -95
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE VDT,
MECHANICAL CODE, OF THE CODE OF ORDINANCES OF THE CITY
OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1994
REVISIONS OF THE STANDARD MECHANICAL CODE WITH CERTAIN
AMENDMENTS; REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
SECTION 1. Chapter 82. Building and Building Regulations, Article VIII,
Mechanical Code, is hereby amended by repealing Article VIII in its entirety and replacing
same with the following:
Sec. 82 -196. Adopted. The Standard Mechanical Code, 1994 edition, published
by the Southern Building Code Congress International, Inc., including all
appendices, is adopted by reference as though it were copied in this article in full.
Sec. 82 -197. Amendments.
The mechanical code adopted by reference in this article 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 through a recognized certification
program. The 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,
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City of Cape Canaveral, Florida
Ordinance No. 21 -95
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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. 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 108.1 is amended to read as follows:
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.
(5) 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.
1111 108.2.3 Quorum and Voting. A simple majority of the board shall constitute
a quorum.
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City of Cape Canaveral, Florida
Ordinance No. 21 -95
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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.
SECTION 2. CONFLICTING PROVISIONS. Any ordinance, or parts of an
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. EI+'N'ECTIVE 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
APPROVED AS TO FORM:
Kohn Bennett, CIT ATTORNEY
hn K. Porter, MAYOR
NAME FOR AGAINST
BERGER x
NICHOLAS X
PETSOS ABSENT
PORTER X
RANDELS X
c: Jim Morgan, Building Official; Municipal Code Corporation
City of Cape Canaveral, Florida
Ordinance No. 21 -95
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First Reading: 8 -10 -95
Posted: 8 -11 -95
Published: 8 -5 -95
Second Reading: 8 -15 -95