HomeMy WebLinkAbout981-07 Amend Ordinance #430 - Construction Codes ORDINANCE NO. 981-07 20'0 F 140393
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS TO BE KNOWN AS
THE "CITY OF ZEPHYRHILLS CONSTRUCTION STANDARDS"
ADOPTING BY REFERENCE THE FLORIDA BUILDING CODE,
NATIONAL ELECTRICAL CODE, NATIONAL FIRE CODE,
STANDARD FIRE PREVENTION CODE, ALUMINUM
CONSTRUCTION MANUAL, INTERNATIONAL PROPERTY
MAINTENANCE CODE; DESCRIBING SPECIFIC SUPPLEMENTS
AND/OR MODIFICATIONS TO ADOPT BUILDING CODES,
PROVIDING FOR REGISTRATION AND LICENSING OF
CONSTRUCTION CONTRACTORS; ESTABLISHING SCHEDULES OF
PERMIT FEES; ESTABLISHING ENFORCEMENT PROVISIONS;
REPEALING ANY CONFLICTING ORDINANCES, REGULATIONS OR
PARTS THEREOF. Rcpt: 3122870 Rec: 52.5@
OS: 0.00 IT: 0.00
08/17/07 DptJ Clerk
BE IT ORDAINED by the City Council of the City of Zephyrhills, sitting regular
session as follows:
1. ADOPTION OF CONSTRUCTION CODES BY REFERENCE:
The following construction codes are adopted in their entirety unless otherwise
specifically modified by their Ordinance.
(a) 2004 Florida Building Code as adopted and updated by the Florida Building
Commission and all subsequent amendments or editions.
(b) National Electric Code as published by national Fire Protection Association
(N.F.P.A.), 1984 Edition, and all subsequent amendments or editions.
(c) National-Fire Code as published by N.F.P.A., 1982 Edition, and all subsequent
amendments or editions.
(d) International Property Maintenance Code 2006 Edition and all subsequent
amendments or editions.
The City does hereby adopt the above cited codes (a) through (d) and any subsequent
amendments or new editions thereto as minimum codes for the City of Zephyrhills except as
otherwise provided in this Ordinance. After the adoption of these codes, all construction within
the City pertaining to the same shall be built and constructed in accordance with the specification
of said codes, together with other provisions of this Ordinance in all respects, as if all the
provisions of said codes had been set forth herein verbatim.
2. SPECIFIC SUPPLEMENTS AND/OR MODIFICATIONS TO ADOPTED
STANDARD CODES:
A. Regarding Modular Structures, manufactured buildings as required in Chapter
163.03 Florida Statutes shall be setup in accordance with the manufacturer's specifications; and
in addition to the specified set up procedures, all structures shall have a continuous masonry
foundation wall minimum 7 %2 " in width in width around the entire building perimeter.
Mobile Homes: Regarding Manufactured Housing shall be setup in
accordance with the manufacturer's specifications and shall be fully skirted around perimeter
with aluminum or masonry.
B. Interceptors shall be installed in all restaurants, service stations, airport
maintenance shops, dry cleaners, laundromats and/or any buildings that allows lint, grease or
grease oil by-products to enter and be dumped into the City of Zephyrhills central sewage
system.
JEO= pIl"T[1pN, PRSGO,.000NTY. CLERK• 08/17/07 03:16 m 1 of I6
OR BK 7605 PG 1292
Record and Return to:
City Clerk's Office
5335 8th Street • 1
Zephyrhills, FL 33542
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(a) Location: Interceptors shall be located so as to provide easy access
for routine inspections, cleaning and maintenance. Manholes shall be provided over the inlet and
the outlet of each interceptor and be brought to finish grade.
(b) Discharging: whenever an interceptor is. required, waste shall pass
through the interceptor and then be discharged into the sewage system.
(c) Sizing:the size of an interceptor shall be determined by the Florida
Building Code/Plumbing. All interceptors shall be baffled.
Automatic pretreatment systems may be used in lieu of interceptor tank when approved
by the City.
(d) Design: The design of an interceptor shall be found in Chapter 10
D-9 (F.A.C.) Florida Administrative Code.
(e) Maintenance: All interceptors shall be cleaned (materials removed from
tank) monthly, unless predetermined by City Inspector. Records shall be kept and signed each
month by Inspector.
(f) Disposing: Disposing of waste from any interceptor shall be done by a
licensed qualified company and disposed by them at a certified state landfill. .
C. Electrical Connection:The person currently holding a franchise from the City to
furnish electrical power to the residents of the City shall not connect the meter or install electric
service to any new construction or building within the corporate limits of the City, unless the
electrical installations thereof have been inspected and approved by the Building Official or his
designee.
D. Issuance of Final Certificate of Inspection: When any electrical wiring,
apparatus or fixtures covered by a permit shall be found on inspection by the Building Official or
his designee to-conforrn-to the-Rules-and-Regulations provided-:by-this-Ordinarice�-the-Building------ —
Official or his designee shall issue a final certificate of inspection, certifying that the wiring,
apparatus or fixtures have been inspected and found to comply with the terms of this Ordinance.
No such certificate shall be issued until such equipment is made to conform to all applicable
Rules and Regulations and all outstanding fees, fines and monies associated with a building
permit are paid in full prior to the release for final electrical service (pre meter).
E. Temporary Permission to Connect Before Final Certification: The Building
Official or his designee may before a certificate is issued, give temporary permission to connect
and furnish electric current to any wiring, apparatus or fixtures for:a period not exceeding thirty
(30) days, if such wiring, apparatus or fixtures are in such condition that current may safely be
connected therewith for such period of time and there exists a necessity for such use; provided,
that prior to any connection, written application is filed with the Building Official, requesting
such permission.
F. Moving of Buildings—Written.Application: Any person desiring to move a
building shall first file with the Building Official a written application setting forth the following
information:
1. Type and kind of building to be moved.
2. Extreme dimensions of the length, height, and width of the building.
3. Location and proposed new location, by lot, block, subdivision, and street
numbers.
4. Approximate time such building will be on the streets, and the
contemplated route that will be taken from the present to new location.
5. A minimum 5"x 7"photo of all four(4) sides of the building.
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6. A certificate from a licensed and bonded termite company that the
building is free of termites and that the structure has not been damaged by termites.
7. A certified written statement from the Building Official or the County or
City in which the structure was formerly located which indicates:
(a) That the structure complies with all current codes in effect within
said County or City;
(b) That said structure could have been moved within said County or
City and that it will comply with all current code requirements of said County and City after such
move.
8. - Proposed water and sewer service/facilities.
G. Unit Numbers for Buildings: The owner of each dwelling unit and commercial
establishment shall attach to the structure, the number assigned to such dwelling unit or
commercial establishment. The numbers must be easily legible from the street with figures not
less than three (3) inches high for residential and not less than five (5) inches for commercial
buildings and in a color contrasting to the background. The Building Inspector of the City shall
be responsible for assigning street numbers referred to in this Section. Any person convicted of
violating this Section shall pay a fine of Twenty-Five dollars ($25.00).
H. Wind Zone: The City of Zephyrhills city limits shall be designated within 110
mph wind zone.
3. DISPLAY ON VEHICLES:
. A. It shall be unlawful for any person engaging in the business of or acting in the
capacity of a contractor or subcontractor to use any vehicle for the purpose of conveying or
transporting tools, equipment, machinery, materials, or workmen in connection with any
-construction work; unless there shall be first placed upon each side of such vehicle, in a
prominent place, visible from a bearing of ten (10) degrees from directly ahead or behind such
vehicle, the certificate number of such contractor or subcontractor, in bold letters, in a color
sharply contrasting with the background thereof, which certificate number shall be in letters of
no less than three(3) inches in height.
4. PERFORMANCE of WORK by PERSON WITHOUT A VALID BUSINESS TAX
RECEIPT OR CONTRACTOR CERTIFICATE:
A. It shall be unlawful for any person to whom a business tax receipt or contractor
certificate has not been issued in accordance with the provisions of this Ordinance to do any
construction or make repairs, alterations, additions or changes to any existing buildings, except
as follows:
Nothing herein contained shall prohibit any bona fide homeowner from personally
working on his premises,provided,that he abides by Florida State Statute 489:
(a) Submit plans and specifications to the Inspector for approval.
(b) Satisfy the Inspector as to his ability and qualifications to do the work.
(c) Make application and secure a permit before starting any work of any
character.
(d) File an affidavit that he is a bona fide owner and will personally do the
work on his own premises only.
(e) Pay the required permit fees set forth in this Ordinance.
(f) Perform the work according to the Rules and Regulations of all codes and
standards set by this Ordinance.
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(g) Notify the Inspector when the work is ready for the rough inspection. No
work shall be covered or concealed until inspection has been made.
(h) . - All work subject to this Ordinance shall be done by the owner himself, on
his own premises, without compensation or pay from anyone for his labor or installation.
(i) In the event various phases of construction are subcontracted, he will
engage only properly licensed subcontractors and will personally supervise such work.
5. VIOLATIONS-PUNISHMENT:
If any person shall violate the terms of this Ordinance by the constructing or repair of any
building withinthe corporate--limits_of_the City in any manner whatsoever in conflict with the
provisions in these Codes, he shall be guilty of a misdemeanor punishable by fine up to Five
Hundred Dollars ($500.00) or Thirty(30) days in jail, or both.
6. CODE ENFORCEMENT:
A. Construction Code Enforcement Licensing Board: The City Council shall
appoint a panel of seven (7) members to be known as the Construction Code Enforcement
Licensing Board which Board shall whenever possible consist of the following:
(a) Engineer
(b) Architect
(c) Building Contractor
(d) Electrical Contractor
(e) Home Inspector(Licensed)
(f) Plumbing Contractor
(g) Mechanical Contractor
B. Additional Duties — Business Tax Registration or Contractor Certificate
Suspension:' `_T5-Construction-CodeEhforcemerif Liceris n"g Board shall Have the power-to
suspend or revoke the business tax receipt or contractor certificate of any contractor or specialty
contractor as the same are defined in F.S. 489 for failure to comply with any code, requirement
or regulation of the City of Zephyrhills and found guilty of any of the following acts or
omissions:
• 1. Fraud or deceit in obtaining a business tax receipt or contractor certificate.
2. Gross negligence, incompetency or misconduct in the practice of any or all
construction within the meaning of this Ordinance.
3. Abandonment of any contract or all construction without legal excuse.
4. Diversion of property or funds received under express agreement for
completion of a specific contract under this Ordinance.
5. Obtaining money or property with intention to defraud or deceive.creditors
or owners. . .
6. Fraudulent departure from or disregard of plans of specifications in any
material respect without the consent of the owner, the Building Inspector or his authorized
representative.
7. The doing of any willful or fraudulent act as a contractor in.any of the
trades registered in consequence of which another is substantially injured.
8. Willful and deliberate disregard and violation of this. Ordinance.,or the
Laws of the stated.
C. Preference and Hearing of Charges: Any person directly interested, any city'of
Zephyrhills Inspector, or the architect or engineer of any building or construction may prefer
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charges against a contractor under this Ordinance. Such charges must be made in writing and
sworn to by the complainant and submitted to the Construction Code Enforcement Licensing
Board. It will then be the duty of the Construction Code Enforcement Licensing Board, at the
earliest possible date and not later than thirty (30) days thereafter, to investigate the charges and
render their decision without delay. A copy of the charges, together with.the time and place of
hearing, shall be served on the accused at least five (5) days before the dater fixed for the hearing.
At the hearing, the accused shall have the right to appear personally or by counsel, -to cross
examine witnesses against him, and to produce witnesses and evidence in his defense.-'--
D. Action of Construction Code Enforcement Licensing Board on Conviction of
Charges and Effect on Permits:
1. If, after,the hearing provided for above, the. decision of the Construction
Code Enforcement Licensing Board is that the accused has been guilty of the charge or charges
preferred against him,the Board may impose any of the following dispositions:
a. Place the contractor upon a period of probation, subject to any
terms or conditions deemed appropriate by the Board.
b. Suspend the contractor's City business tax receipt or contractor
certificate for a specific period of time.
c. Revoke the contractor's City business tax receipt or contractor
certificate.
2. If the decision of the Board is to suspend the business tax receipt or
contractor certificate of a contractor for a length of time, all permits issued by the City to the
contractor will be suspended for the period of the contractor's suspension and no refund of
permit fees shall be made.
If the decision of the Board is to revoke the business tax receipt or contractor certificate
of-the-contractor, all permits issued by the City to such person for the doing of work-shall be - -
revoked and withdrawn and no refunds of permit fees will be made.
7. REPEAL OF CONFLICTING ORDINANCE AND/OR REGULATIONS OF THE
CITY OF ZEPHYRHILLS:
All previously adopted Ordinances or Regulations of the City of Zephyrhills pertaining to
the construction codes, licenses, registrations or any conflicting Ordinances shall hereby be
repealed.
8. VALIDITY:
If any section, part of a section, paragraph, sentence, clause, phase or work of this
Ordinance is, for any reason, held or declared to be unconstitutional, inoperative, or void, such
holding or invalidity shall not affect the remaining portions of this Ordinance and it shall be
construed to have been the intent to pass this Ordinance without such unconstitutional, or
ino i`at�ge gatr rein.
,; h� foregoing Ord'inari e o. 981`=07 was read and passed--on-the first reading-in-an-open_and
regi1ar;n eting of the. City Council of the City of Zephyrhills, Florida, on this 9a' day of July,
2007. ..�.;,,
indaD..B'' /ity Clerk Kenneth V. Compton, Council President
'U.rdmance'No. 981-07 was read andpassed on the second reading, following a
The,for'eggig . , g,
plilililegrr hkari open and regular meeting of the City Council of the City of Zephyrhills,
FlR i ,a, on this `day of July, 2007.
Aftest: / �1
i t Linda_ :iBoan, City Clerk Kenneth V. Compton, Council President
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The foregoing. Qtdinance.No. 981-07 was read and passed on the third reading, following a
public. •Baring, inkgypen and regular meeting of the City Council of the City of Zephyrhills,
Fj"csricla, on this 1 Pt'd of` ugust,2007.
I nda D. Boair;City Clerk Kenneth V. Compton, Counci President
The foregoing Ordinance No. 981-.07 was approved by me this 13th day of August, 2007.
W. Cliff Duf ie, M
Approved as to legal form and legal content
eph A. blick, City Attorney
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