Item 7EAGENDA ITEM # 7E
JANUARY 28, 20(18
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Proposed ordinance changes.
SUBMITTED BY: David Hufstetler, Building Official
DATE: January 22, 2008
BACKGROUND:
ITEM #1: The City of Atlantic Beach is currently using the 1985 Standard
Unsafe Building Abatement Code and the 1997 Standard Housing Code, written
by the Southern Building Code Congress (SBCCI), which is now known as the
International Code Congress (ICC). The ICC has made several modifications to
their code to improve clarity and organization. An example of improved clarity is
that the '97 code indicates that the property owner shall maintain their property in
a clean and sanitary condition. The current edition of the International Property
Maintenance Code has added a section to specify that swimming pools, spas
and hot tubs shall be maintained in a clean and sanitary condition and in good
repair. The code goes on to specify safety barrier requirements. The current
version of the International Property Maintenance Code also has added
provisions for emergency measures and guidelines for closing of vacant
structures. The international Property Maintenance Code has been adopted by
most jurisdictions within the State of Florida.
Staff recommends the Commission adopt the current edition of the International
Property Maintenance Code.
ITEM #2: Construction Site Management -Chemical Toilet location.
The existing construction site management plan allows a chemical toilet to be
located anywhere on private property, with few restrictions. At some locations in
the City, specifically along Beach Avenue, the paved street is within a couple feet
of the property line. During the course of construction chemical toilets are
constantly being bumped and pushed, leading to chemical toilets winding up on
the street, or so close that the door to the chemical toilet actually swings out into
the roadway. This poses a danger to traffic and construction personnel.
Staff recommends the Commission adopt a provision prohibiting the placement
of chemical toilets within 5' of the paved street.
AGENDA ITEM # 7E
JANUARY 28, 2008
ITEM #3: Building Permit Fees.
The City of Atlantic Beach permit fees were specified in a fee schedule contained
in the appendix of the '97 Standard Building Code. The '01 Florida Building
Code, which was adopted by the City of Atlantic Beach, does not include a fee
schedule in the appendix. The City currently charges for building permits based
on the '97 Standard Building Code fee schedule.
Staff recommends the Commission adopt an ordinance adding the fee schedule
from the '97 Standard Building Code appendix back into the City's Code of
Ordinances.
ITEM #4: Electrical Work Requirements.
The requirements for electrical contractors and persons doing electrical work in
the State of Florida is now governed by Florida Statute and the Florida Building
Code, making Sections 6-32 through 6-36, and 38 through 40 of the C.O.A.B.
Code of Ordinances obsolete.
Staff recommends the elimination of Sections 6-32 and 38-40.
ITEM #5: Plumbing work requirements.
The requirements for plumbing contractors and persons doing plumbing work in
the State of Florida is now governed by Florida Statute and the Florida Building
Code, making Sections 6-57 and 6-60 of the C.O.A.B. Code of Ordinances
obsolete.
Staff recommends the elimination of Sections 6-57 and 6-60.
ITEM #6: Adopt the State mandated fire codes.
Florida Statute now dictates the statewide fire codes.
Staff recommends the commission adopt the current edition of the Florida Fire
Prevention Code and the International Fire Code.
ITEM #7: There is currently no definition in the City ordinance far freeboard.
Freeboard is referred to in Div 5. Design and Construction Standards, Sec. 24-251.
Staff recommends the commission adopt a provision defining freeboard.
ITEM #8: The City of Atlantic Beach Building Official is responsible for
administering the floodplain management plan. The City ordinance Currently
identifies the Planning and Development Director as the responsible person.
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AGENDA ITEM # 7E
JANUARY 28, 2008
Staff recommends the Commission amend the current ordinances, changing all
references to the Planning and Development Director to Floodplain Manager.
ITEM #9: The City of Atlantic Beach has a number of locations where new
construction has been started and then abandoned, or where partial demolition of
a structure has taken place and then been abandoned. There are no provisions
in the City's currently adopted codes to deal with these abandoned construction
projects, which leaves the neighborhood looking at a very unattractive sight for
an indefinite period of time.
Staff recommends the Commission adopt a provision defining construction
abandonment as any building or structure that has been partially demolished,
where reconstruction has not commenced within 6 months, or where there has
been a cessation of normal construction activities of any structure for a period of
more than 6 months. Such construction abandonment would constitute a
nuisance.
BUDGET: There are no budget issues related to these changes.
RECOMMENDATION: Adopt the amendments in the attached ordinance.
ATTACHMENTS: Ordinance no.
REVIEWED BY CITY MANAGER: .
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AGENDA ITEM # 7E
JANUARY 28, 2008
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS,
CHAPTER 7 FIRE PREVENTION AND PROTECTION, CHAPTER 8
FLOOD 1H[AZARD AREAS, AND CHAPTER 12 NUISANCES, TO UPDATE
REFERENCES TO CURRENT BUILDING RELATED AND FIRE CODES,
TO DELETE CERTAIN OUTDATED AND/OR NO LONGER
APFLICABLE SECTIONS, TO ADD CERTAIN DEFINITIONS, AND TO
INCLUDE ABANDONED CONSTRUCTION PROJECTS AS A NUISANCE,
AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SF.C.TinN 1 _ Chapter 6. Building and Building Regulations.
A. The following sections of the Code of Ordinances of the City of Atlantic Beach,
Florida, are hereby amended to read as follows:
(1) "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
F~ ' ]yStRr ntinrtn Pr r~ Majntenance Code, x'997 m~.ct rererLt
edition, of which
not less than three (3) copies have been and aze 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."
(2) "Sec. 6-17. Same-Amendments.
(a)(2)a. The building official, inspection division, development services
department, is hereby designated as the administrative authority responsible for
interpretation and enforcement of the provisions of this chapter and the Florida
Building Code 269.1-, with the exception of Chapters 9 and 36, which are assigned to
the fire chief for enforcement in its entirety."
(3) "Sec. 16-17(bx5) 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
AGENDA ITEM # 7E
JANUARY 28, 2008
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
lnter~tinnarl PrRnartv~aintennnce Code."
(4) "Sec.6-120. Adoption.
There is hereby adopted, basic minimum housing standards deemed
essential for safe, healthful living, that certain code known as the n~d-~Iousing
jnternatinnnl Prn~er~t Maintenance C'nde; }99~ mnct current edition, published by
the Southern Building Code Congress International, Inc."
B. The following sections of the Code of Ordinances of the City of Atlantic Beach,
Florida, are hereby repealed:
(1) Sec.6-32
(2) Sec.6-33
(3) Sec.6-34
(4) Sec.6-35
(5) Sec. 6-36
(6) Sec.6-38
(7) Sec.6-39
(8) Sec. 6-40
(9) Sec.6-57
(10) Sec. 6.60
SFf"TinN 2. Chapter 7. Fire Prevention and Protection.
A. The following sections of the Code of Ordinances of the City of Atlantic Beach,
Florida, are hereby amended to read as follows:
(1) "Sec. 7-17. Definitions.
Authority having jurisdiction shall mean the fire official of the city, as
defined In that Certain Code knOWn as the af+etq Flnridiz Fire Prevention Code
referenced in section ~9 .Z:1& of this chapter."
(2) "Sec. 7-18. Codes adopted.
(a)(1) Standard ~ International Fire (.'nde_ mnct
recent edition, as published by the Southern Building Code Congress International,
Inc.
(a)(2) Internntin~~l Foxe ('nee, mn.ct
re .ent edition, as published by the National Fire Protection Association, Inc."
Ordinance 25-08-38 2
AGENDA ITEM # 7E
JANUARY 28, 2008
(3) "Sec. 7-21. Notice to eliminate dangerous conditions.
(b) Whenever the fire official deems any chimney, smokestack, stove,
oven, incinerator, fiunace or other heating device, electric fixture or any apparatus
thereto, regulated under a nationally approved standard as adopted by section ~@
7=1.& in or upon any building, structure, or premises not specifically mentioned in
this article, to be defective or unsafe so as to create an immediate hazard, he shall
serve upon the owner or the person having control of the property, a written notice
to repair or alter as necessary and shall notify any other authority enforcing codes
regulating such equipment. He may affix a condemnation tag prohibiting the use
thereof until such repairs or alterations are made. When affixed, such tag may be
removed only by order of such fire official or his/her duly authorized representative
and may be removed only when the hazard to which the order pertains has been
eliminated in an approved manner. Until removed, that item or device which has
caused the hazard shall not be used or be permitted to be used."
(4) "Sec. 7-25. Appeals.
(a) Any person aggrieved by an order issued under this article may
appeal such order in accordance with the procedures established in the ~t<mdar~•ire
~~cveirtioa Interns '(1Y11L Fire COde, as adopted in section X28 Z-.L& of this article."
(5) "Sec. 7-27. Penalties and other remedies for violations.
(a) Failure to comply with any provision of this article or any lawful
order of the fire official shall constitute a misdemeanor of the second degree,
punishable by a fine of not more than five hundred dollars ($500.00), or by
imprisonment for not more than ten (10) days, or by both a fine and imprisonment.
Each day that a violation continues shall be a separate offense, in accordance with
F.S. § 633.171, ac it currently exis(s, nr.ruhcgq~~nt~u n~enf~eal,"
(6) "Sec.7-30. Fees.
The following fee schedule relates to plan(s), examinations, inspections, and testing
of fire safety and fire extinguishing apparatus and permits excluding home
occupations and residential.
Permits nru3~ fpe.c ~ A11~,~P.Q~fnr thn fnllnwin~ shall he n, ertct is ,~jj~nm time to time
j3jr the Jackrnnville~"~,p. T~P~~~Q,~ ~ the ci,~.~f Jack_cnrcvillP„ Flnri An
q itin ,~L administrative ~~~, 3 5 n0 shall he maid to the C'it~t of ,4tlantic Reach
yfnr ari~v.~ t v h,~lnw fisted In?»ectlnnC and _rmitC,
Permit Fees
(1) Fire safety inspection for the purpose of obtaining an occupational
license: -~r3~:89
(2) Plans review and final inspection for certificate of occupancy--5~~86
Ordinance 25-08-38 3
AGENDA ITEM # 7E
JANUARY 28, 2008
(3) Fire safety re-inspections-.~`a:6@
(4) Annual fire safety inspection--25:98
(5) Fire alarm annual inspection-°35:98
(6) Fire standpipe annual inspection--8:88
(7) Fire sprinkler system annual inspection::-x@:88
(8) Fire suppression hood systems annual inspection--25:96
(9) Open burning, each pen~nit--5:88
(10) Flammable/combustible storage (annual}.. X28:88
(11) Flammable/combustible spraying or dipping (annual):-:8:88
(12) Storage/sales fireworks, each pen~nit-3:98
(13) Fumigation, each permit--~88
(14) Hazardous materials storage/use (annual):-.-~8
(15) High piled combustible storage (annual}-~9:96
(16) Liquefied and other compressed gases (annual}.-26:88
(17) Any other required permit as prescribed by the Standard Fire Prevention
Code--~-5-:98u
(7) "Sec. 7-34. Hazardous materials identification and information.
(a) There is hereby adopted by the city for the purpose of prescribing
regulations to identify hazardous materials manufacturing, storage and use facilities
that certain code known as NFPA 704 "Identification of the Fire Hazards of
Materials," 1994 edition, nc .cLhcpq„v~l; _nmPn~pd, of the National Fire Protection
Association. One (1) copy of the subject code has been and is filed in the office of
the city clerk and the same is hereby adopted and incorporated as fully as if set out at
length herein, and from the effective date of this section, the provisions of said
standard shall control within the limits of the city."
"Sec. 7-38. Permits and certificates.
(a) A permit shall constitute permission to maintain, store or handle
materials, or to conduct processes which produce conditions hazardous to life or
property, or to install equipment used in connection with such activities as
referenced in Ehapter-4 of the IntPrr~ntpnnl ire Code."
B. The following sections of the Code of Ordinances of the City of Atlantic Beach,
Florida, are hereby deleted:
(1) Sec. 7-17 Definitions. New additions or expansions.
(2) Sec.7-31
4F.C'Ti[)N 3_ Chapter 8. Flood Hazard Areas.
A. Sec. 8-5 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby
Ordinance 25-08-38 4
AGENDA ITEM # 7E
JANUARY 28, 2008
amended to add the following definition:
"FrPPhn_~rd is a~ar~ nr ,c' ~P L~] n (y P 7nrPQCP i fPPt ahnvP thv Rnc F and
F vartin ~j~FF~, In the ('i~ttln tir Ron~h nhnnr~is ~ 5' "
B. Secs. 8-21 and 8-22 of the Code of Ordinances of the City of Atlantic Beach,
Florida, are hereby amended to read as follows:
nlnin ndminictratnr.
The ln~al and ~J i admini.ctratnr, ~
1S t a ~i~}~'c h Li ins nf~tri~ al un1P,~c nt onrice dari n d ~ t P ri~~ mr_,. iS
hereby appointed to administer and implement the provisions of this chapter."
(2) "Sec. 8-22. Same-Duties and responsibilities.
Duties of the jn _a flnnd
admini.ctratnr shall include, but not be limited to:
(1) Review all development permits to assure that the permit
requirements of this chapter have been satisfied.
(2) Advise permittee that additional federal or state permits may be
required, and if specific federal or state permit requirements are known, require that
copies of such permits be provided and maintained on file with the development permit.
(3) Notify adjacent communities and the Florida Department of
Community Affairs prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Emergency Management Agency.
(4) Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is nat diminished.
(5) Verify and record the actual elevation (in relation to mean sea
level) of the lowest floor (including basement) of all new or substantially improved
structures, in accordance with section 8-24(b).
(6) Verify and record the actual elevation (in relation to mean sea
level) to which the new or substantially improved structures have been floodproofed, in
accordance with section $-24(b).
(7) In coastal hazard areas, certification shall be obtained from a
registered professional engineer or architect that the structure is designed to be securely
Ordinance 25-08-3$
AGENDA ITEM # 7E
JANUARY 28, 2008
anchored to adequately anchored pilings or columns in order to withstand velocity waters
and hurricane wave wash.
(8) In coastal hazard areas, the lard
Inn ~jain ndmini.rtratnr shall review plans for adequacy of lattice or screening in
accordance with section $-32{e)(8).
(9) When floodproofmg is utilized far a particular structure, the
meal nn a' ad tni.rtratnr shall obtain certification
from a registered professional engineer or architect, in accordance with section 8-32(b).
(10) Where interpretation is needed as to the exact location of
boundaries of the areas of special flood hazard (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions) the plamring--ancl
1~-~--Plain adrrrinictratnr shall make the necessary
interpretation. T'he person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in this article.
(11) When base flood elevation data or floodway data have not been
provided in accordance with section 8-7, then the Iar~cl
f1n1J,~r lain dmini.rtratnr shall obtain, review and reasonably utilize any base flood
elevation and floodway data available from a federal, state or other source, in order to
administer the provisions of Article IIi.
(12) All records pertaining to the provisions of this chapter shall be
maintained in the off ce of the In a ~ plain adminictratnr
shall be open for public inspection."
~F.f:TinN 4_ Chapter 12. Nuisances.
A. Chapter 12 of the Code of Ordinances of the City of Atlantic Beach, Florida is
hereby amended to add the following subsection:
(1) "Sec. 12-1(13) Fora nor rnn to allow a huil~g nr structz~re _tn _ he
oar is l~ vmnlir od nr ryrt'a Iv cn r . tP and n thou ~Ilnw ru h nr~ditinn to erirt,
vrithnut arty domnlitinn nr ennrtrzeti n a . ~~,, nr a rip .c'r (.( mnnthr_
Ordinance 25-0$-38 6
AGENDA ITEM # 7E
JANUARY 28, 2008
SF.('TinN 5_ This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of , 2008.
PASSED by the City Commission on second and final reading this day of
2008.
ATTEST:
Donna L. Bussey, City Clerk John S. Meserve, Mayor
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
Ordinance 25-08-38 ~