Ordinance No. 25-02-32ORDINANCE N0.25-Q2-32
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 6, BUILDINGS AND BUILDING
REGULATIONS, TO INCLUDE THE FLORIDA BUILDING CODE, AND
AMENDMENTS THERETO, AND TO REPEAL EXISTING PROVISIONS
OF CHAPTER 6 THAT ARE IN CONFLICT OR INCONSISTENT WITH
THE FLORIDA BUILDING CODE,. AND PROVIDING AN EFFECTIVE
DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The following Articles of Chapter 6, with the exception of those
Specifically listed after each article, of the Code of Ordinances of the City of Atlantic
Beach, Florida, are hereby repealed:
(a) Article II. Building Code (except Sec. 6-24)
(b) Article III. Electrical Code (except Sec. 6-32 through 6-40)
(c) Article IV. Plumbing Code (except Sec. 6-57 through 6-61)
(d) Article V. Mechanical Code (except Sec.6-77)
(e) Article VL Swimming Pool Code
(fj Article IX. Gas Code
(g) Article X. Coastal Construction Code
SECTION 2. The Code of Ordinances of the City of Atlantic .Beach, Florida, is
Hereby amended by adding a new Article II, Chapter 6, which shall read as follows:
"ARTICLE II. BUILDING CODE"
"Sec. 6-16. Adoption of Florida Building Code."
There is hereby adopted, subject to any modifications, changes and
amendments set forth in this Article, and for-the purpose of establishing rules and
regulations for the construction, alteration, removal, demolition, equipment, use
and occupancy, location and maintenance of buildings and structures, including
permits and penalties, that certain building code known as The Florida Building
Code established by Florida Statutes Chapter 553, Part VII, as amended from time
to time so that the latest edition of The Florida Building Code shall apply and the
.Standard Existing Building Code, 1997 edition, and the Standard Unsafe Building
Abatement Code, 1985 edition, of which not less than three (3) copies have been
and are now filed in the office of the city clerk, and the same are adopted and
incorporated as fully as if set out at length in this article, and the provisions
thereof shall be controlling in the construction of all buildings and other structures
within the city.
"Section 6-17. Same -Amendments."
The Florida Building Code adopted by Sec. 6-16 is herebv modified chap eg_d and
amended to include the following:
(a) Building Department.
Establishment. There is herebv established a department to be called the
building department and the person in charge shall be known as the Buildin,~
Official.
Designation of administrator, deputy, inspectors; conflicts of interest.
(1) The Building Off~ciaL inspection division development services
department, is hereby designated as the administrative authority
responsible for interpretation and enforcement of the provisions of this
i chapter .and the Florida Building Code 2001 with-the exception of
Chapters 9 and 36, which are assigned to the fire chief for enforcement in
its entirety.
(2) The administrative authority shall be referred to as the Building Official
(3} The Building OfTcial mawappoint such number of officers inspectors
assistants, and other employees as shall be authorized from time to time
The minimum qualification requirements for each employee so authorized
shall be as established by the personnel rules and regulations and the
official position descriptions of the cites
(4) The Building Official may designate as his deputy an employee in the
division who shall, during the absence or disability of the Building
Official, exercise all powers of the Building Official
Restrictions on em~loyees. An officer or em~lovee connected with the
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 unless he is the owner of
such The officer or employee shall not eng_ag_e in any other work which is inconsistent
with his duties or conflict with the interests of the department
2
Records. The Building Official shall keep or cause to be kept a record
of the business of the department The records of the department shall be open to public
inspection.
Liability.. Any officer or employee, or member of the Board of
Adjustments and Appeals, charged with the enforcement of this code acting for the
applicable governing authority in the discharge of his duties shall not thereby render
himself personally liable, and is hereby relieved from all personal liability for any
damage that may accrue to persons or property as a result of any act required or permitted
in the discharge of his duties. Any suit brought against any officer or employee or
member because of such act performed by him in the enforcement of any provision of
this code shall be defended by the department of law until the final termination of the
proceedings.
Reports. The Building Official shall submit annually a report
covering the work of the building_ department during; the preceding_year He maX
incoroorate in said report a summary of the decisions of the Board of Adjustments and
Appeals durin said ear.
(b) Powers and Duties of the Building Official.
General. The Building Official is hereby authorized and directed to
enforce the provisions of this code. The Building Official is further authorized to render
intemretations of this code, which are consistent with its spirit and purpose
Right of entry. Whenever necessary to make an inspection to
enforce any of the provisions of this code or whenever the Building Official has
reasonable cause to believe that there exists in any buildin or upon an~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 dutyposed upon the Building Official by this code If such
building or premises are occupied he shall firsf 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 ever
remedy provided by law to secure entry
-_ When the Building Official shall have first obtained a pro ep r 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 promptlypermit entry
therem by the Building Official for the pu_px ose of inspection and examination pursuant to
this code.
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.
Revocation of permits.
Misrepresentation of application. The Building Official may revoke a
permit or approval, issued under the provisions of this code in case there has been any
false statement or misrepresentations as to the material fact in the application or plans on
which the permit or approval was based.
Violation of code provisions. 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
Unsafe buildings or systems. All buildings structures electrical
gas, mechanical or plumbing systems which are unsafe unsanitary or do not provide
adequate e~,ress, 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 not be abated by repair and
rehabilitation or by demolition in accordance with the provisions of the Standard Unsafe
Building Abatement Code.
Requirements not covered by code Any requirements necessary
for the strength, stabilit or proper operation of an exist' or proposed building_
structure. electrical gas mechanical or plumbing system, or for the public safety health
and general welfare, not specifically covered by this or the other technical 'codes shall be
determined by the Building Official.
SECTION 3. T_ his ordinance shall take effect immediately upon its final passa~nd
adoption.
PASSID by the City Commission on first reading this ~8 ~ day of ~h-
2002.
w! PASSID by the City Commission on .second and final reading this >~~' day of
/~l~v'~n""~~ , 2002.
ATTEST:
YT~.EN IAN
City Clerk.
Approved as to form and correctness:
C. EN, FSQ[TYRE
City A ey