Ordinance No. 25-08-38 vAN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS,
CHAPTER 7 FIRE PREVENTION AND PROTECTION, CHAPTER 8
FLOOD HAZARD AREAS, AND CHAPTER 12 NUISANCES, TO UPDATE
REFERENCES TO CURRENT BUILDING RELATED AND FIRE CODES,
TO DELETE CERTAIN OUTDATED AND/OR NO LONGER
APPLICABLE SECTIONS, TO ADD CERTAIN DEFINITIONS, AND TO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 COM[NUSSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 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
International Property Maintenance Code, most recent 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."
(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, with the exception of Chapters 9 and 36, which are assigned to the
fire chief for enforcement in its entirety."
(3) "Sec. 6-17(b)(5) 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 not be abated by repair and rehabilitation or by demolition in
accordance with the provisions of the International Property Maintenance 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 International
Property Maintenance Code, most 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
C. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended
by adding a new section to be numbered Section 6-26, which section shall read as
follows:
"Sec. 6-26. Schedule of Building Permit Fees.
(1) Building and construction permit fees. For the purposes of determining
fees, floor area of a building shall be determined at each story including all
portions under roofs. Separate fees shall be paid for electrical, plumbing,
mechanical, zoning, fire, miscellaneous and other plan reviews and or permits
shown elsewhere in this section or in other applicable sections of this code.
Building permit fees
Total Valuation
Permit Fee
$1,000 or less
$35.00
$35.00 for the first $1,000.00 plus
$1,000 to $50,000
$5.00 for each additional
$1,000.00 or fraction thereof, to
and includin $50,000.00
Ordinance No. 25-08-38 Page 2 of 8
(2) Moving fee: For the moving of any building or structure, the fee shall be
$100.00.
(3) Demolition fee: For the demolition of any building or structure, the fee
shall be $100.00.
(4) Plan check fees: A plan -checking fee shall be paid to the Building
Department at the time of submitting plans and specifications for
checking. Said plan checking fee shall be equal to one—half of the building
permit fee. Such plan -checking fee is in addition to the building permit
fee. Additional plan -checking fees are required for planning & zoning and
fire department plan reviews.
(5) Reinspection fee: Thirty-five Dollars ($35.00) per reinspection.
(6) Sign Erections:
Total Sq. Ft. of Sign Permit Fee
Up to 32 sq. ft. $65.00
Greater than 32 sq. ft. $65.00 plus $10.00 for each additional
sg. ft.
SECTION 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 Florida Fire Prevention Code referenced in
section 7-18 of this chapter."
Ordinance No. 25-08-38 Page 3 of 8
$260.00 for the first $50,000.00
$50,001 to $100,000
plus $4.00 for each additional
$1,000.00 or fraction thereof, to
and including $100,000.00
$460.00 for the first $100,000.00
$100,001 to 500,000
plus $3.00 for each additional
$1,000.00 or fraction thereof, to
and including $500,000.00
$1,660.00 for the first $500,000.00
$500,001 and up
plus $2.00 for each additional
$1,000.00 or fraction thereof
(2) Moving fee: For the moving of any building or structure, the fee shall be
$100.00.
(3) Demolition fee: For the demolition of any building or structure, the fee
shall be $100.00.
(4) Plan check fees: A plan -checking fee shall be paid to the Building
Department at the time of submitting plans and specifications for
checking. Said plan checking fee shall be equal to one—half of the building
permit fee. Such plan -checking fee is in addition to the building permit
fee. Additional plan -checking fees are required for planning & zoning and
fire department plan reviews.
(5) Reinspection fee: Thirty-five Dollars ($35.00) per reinspection.
(6) Sign Erections:
Total Sq. Ft. of Sign Permit Fee
Up to 32 sq. ft. $65.00
Greater than 32 sq. ft. $65.00 plus $10.00 for each additional
sg. ft.
SECTION 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 Florida Fire Prevention Code referenced in
section 7-18 of this chapter."
Ordinance No. 25-08-38 Page 3 of 8
(2) "Sec. 7-18. Codes adopted.
(a)(l) Standard International Fire Code, most recent edition, as published
by the Southern Building Code Congress International, Inc.
(ax2) International Fire Code, most recent edition, as published by the
National Fire Protection Association, Inc."
(3) "Sec. 7-21. Notice to eliminate dangerous conditions.
(b) Whenever the fire official deems any chimney, smokestack, stove,
oven, incinerator, furnace or other heating device, electric fixture or any apparatus
thereto, regulated under a nationally approved standard as adopted by section 7-18
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 International
Fire Code, as adopted in section 7-18 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, as it currently exists or subsequently amended."
(6) "Sec. 7-30. Fees.
Permits and fees: All fees for the following shall be as established from time to
time by the Jacksonville Fire Department of the city of Jacksonville, Florida. An
additional administrative fee of $35.00 shall be paid to the City of Atlantic Beach
for any of the below listed inspections and permits.
Ordinance No. 25-08-38 Page 4 of 8
Permit Fees
(1) Fire safety inspection for the purpose of obtaining an occupational licens
(2) Plans review and final inspection for certificate of occupancy
(3) Fire safety re -inspections
(4) Annual fire safety inspection
(5) Fire alarm annual inspection
(6) Fire standpipe annual inspection
(7) Fire sprinkler system annual inspection
(8) Fire suppression hood systems annual inspection
(9) Open burning, each permit
(10) Flammable/combustible storage (annual)
(11) Flammable/combustible spraying or dipping (annual)
(12) Storage/sales fireworks, each permit
(13) Fumigation, each permit
(14) Hazardous materials storage/use (annual)
(15) High piled combustible storage (annual)
(16) Liquefied and other compressed gases (annual)
(17) Any other required permit as prescribed by the Standard Fire Prevention Code
(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, as subsequently amended, 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 International Fire 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
SECTION 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 No. 25-08-38 Page 5 of 8
amended to add the following definition:
"Freeboard is a factor of safety usually expressed in feet above the Base Flood
Elevation (BFE). In the City of Atlantic Beach freeboard is 2.5'."
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:
(1) "Sec. 8-21. Local flood plain administrator.
The local flood plain administrator, who is the city's building official unless
otherwise designated by the city manager, is hereby appointed to administer and
implement the provisions of this chapter."
(2) "Sec. 8-22. Same -Duties and responsibilities.
Duties of the local flood plain administrator 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 not 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 8-24(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
anchored to adequately anchored pilings or columns in order to withstand velocity waters
and hurricane wave wash.
Ordinance No. 25-08-38 Page 6 of 8
(8) In coastal hazard areas, the local flood plain administrator shall
review plans for adequacy of lattice or screening in accordance with section 8-32(ex8).
(9) When floodproofing is utilized for a particular structure, the local
flood plain administrator 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 local flood plain
administrator shall make the necessary interpretation. The 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 local flood plain administrator 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 office of the local flood plain administrator shall be open for public inspection."
SF.MON 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) For any person to allow a building or structure to be partially
demolished or partially constructed, and to then allow such condition to exist, without any
demolition or construction activity, for a period of six (6) months.
(a) The owner of any such property may request an extension of a city
issued demolition or building permit from the building official. The decision of the
building official may be appealed to the city commission by written request within
twenty (20) days of the decision.
(b) When any demolition project is completed according to a city issued
permit which results in partially demolished buildings or structures remaining, then
in that event the owner must commence construction/rebuilding activities within six
(6) months of completion of the demolition.
(c) Any partially demolished or partially constructed building or
structure that remains for six (6) months without any activity (activity shall mean
passing at least one city construction inspection) is hereby deemed to be an eyesore,
creating a situation or condition that adversely affects the aesthetic appeal of the
Ordinance No. 25-08-38 Page 7 of 8
city, and shall therefore constitute a nuisance subject to the requirements of this
chapter. Any action taken by the city pursuant to this chapter against any such
property shall be for the purpose of protecting the appearance and public health of
the city.
SECTION 5_ This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this 11 in day of February, 2008.
PASSED by the City Commission on second and final reading this
Fe- brlAq,r , 2008.
ATTE T:
D�h/I?Gt 0�?�
Donna L. Bussey, City Clerk
to form and correctness:
Esquire
Ordinance No. 25-08-38 Page 8 of 8
25+1, day of