HomeMy WebLinkAbout4152 CE
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INTERNATIONAL PROPERTY MAINTENANCE CODE, NUISANCES, AND
CONDEMNATION AND DEMOLITION
ORDINANCE NO. 2009-4152
An ordinance of the City of Sanford, Florida adopting and enacting the 2006
International Property Maintenance Code as promulgated by the International
Code Council and as amended by the City of Sanford addressing matters such as
maintenance requirements for the interior and exterior of structures, and space
requirements for determining maximum occupancy as well as requirements for
heating and plumbing in existing workplaces, hotels and residential occupancies,
and minimum light and ventilation criteria; amending Section 38-92 of the City
Code pertaining to conditions that constitute nuisances; substantially revising
Chapter 18, Articles I and II, City Code of the City of Sanford, as amended by
Ordinance Number 4137; providing for implementing administrative actions;
providing for conflicts and repealing Sections 50-31, 50-32, 50-33, 18-37 and 18-38
of the City Code of the City of Sanford; providing for a savings provision;
providing for codification in the City Code; providing for severability and
providing for an effective date.
Whereas, the International Code Council, a membership association dedicated to building
safety and fire prevention, develops the codes used to construct residential and commercial
buildings, including homes and schools; and
Whereas, most United States cities, counties and states that adopt codes choose the
international codes developed by the International Code Council; and
Whereas, the 2006 International Property Maintenance Code was developed by the ICC and
addresses maintenance requirements for the interior and exterior of structures, and space
requirements for determining maximum occupancy; and
Whereas, the 2006 International Property Maintenance Code also contains requirements for
heating and plumbing in existing workplaces, hotels and residential occupancies, and minimum light
and ventilation criteria; and
Whereas, the City Commission of the City of Sanford desires to protect the public health,
safety and welfare of the citizens of the City and maintain a high quality of life for the citizens of the
City; and
Whereas, the City Commission of the City of Sanford desires to enhance and continue a well
ordered and comprehensive system relative to the abatement of nuisances within the City; and
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Whereas, the City Commission of the City of Sanford desires to enhance and continue a well
ordered system relative to the condemnation and demolition of buildings which are in a dilapidated,
unsanitary, unsafe or uninhabitable condition; and
Whereas, the City Commission of the City of Sanford hereby adopts and incorporates into this
Ordinance the recitals (whereas clauses) to this Ordinance, the City staff report and City Commission
agenda memorandum relating this Ordinance; and
Whereas, the City of Sanford has complied with all requirements and procedures of Florida
law in processing and advertising this Ordinance; and
Whereas, this Ordinance is enacted pursuant to the home rule powers of the City of Sanford
as set forth at Article VIII, Section 2, of the Constitution of the State of Florida; Chapter 163, Florida
Statutes; Chapter 166, Florida Statutes; Chapter 468, Florida Statutes; Chapter 489, Florida Statutes;
Chapter 893, Florida Statutes; and other applicable controlling law.
Now, therefore, be it enacted by the People of the City of Sanford, Florida:
Section 1. Adoption of 2006 International Property Maintenance Code. A new section
of the City Code of the City of Sanford is created to read as follows:
The provisions of the 2006 International Property Maintenance Code are hereby adopted and
enacted as set forth in the Exhibit to this Ordinance which is incorporated herein by this reference
thereto as if fully set forth in this Section verbatim.
Section 2. Amendment of Section 38-92 of the City Code. Section 38-92 of the City
Code of the City of Sanford is amended to read as follows:
Sec. 38-92. Nuisances generally.
No person shall keep or permit to remain upon his premises, or upon any premises owned, used or
controlled by him in any dwelling house, warehouse or other building, or upon any vacant lot, or in
any yard or other place within the corporate limits of the city, any nuisance to the annoyance of those
residing or being in the vicinity thereof, or any unwholesome, decayed or decaying animal or
vegetable matter, or any other matter or thing detrimental to the health or comfort of residents.,. to
include, but not be limited to, the followinq conditions:
(1). Junk, consistinq of unsiqhtlv, worn-out or discarded material of little or no residual value
includinq scrap metal, scrap lumber, wastepaper products, discarded buildinq materials, or other
debris, the accumulation of which has an adverse effect upon neiqhborhood or city property values,
health, safety or qeneral welfare;
(2). Abandoned property, meaninq any personal property includinq, but not limited to, motor
vehicles, left in plain view under circumstances reasonablv indicatinq that the possessor or owner
thereof has relinquished any riqhts of ownership therein;
(3). Wrecked motor vehicle, meaninq any motor vehicle the condition of which is wrecked,
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dismantled, partiallv dismantled, incapable of operation bv its own power on any public street, or from
which the wheels, enqine, transmission or other substantial part thereof is or are removed;
(4). A motor vehicle kept in the front yard of a residence at any location that is not permitted by the
City Code or the Land Development Code;"
(5). Anv qarbaqe; rubbish; trash; refuse; cans; bottles; boxes; container; paper; tobacco
products; tires; abandoned or inoperative appliance; mechanical equipment or parts; buildinq or
construction materials; tools; machinery; wood; vessels; aircraft; farm machinery or equipment;
sludqe from a waste treatment facilitv, water supplv treatment plant, or air pollution control facilities;
or a substance in any form resultinq from domestic, industrial, commercial. mininq or aqricultural
operations; or dead or decavinq plants (except for compost piles) or exotic animals of any kind;
(6). Anv buildinq or structure, or part thereof, which is in a dilapidated, unsanitary or unsafe
condition, or which constitutes a fire hazard;
(7). Anv buildinq, structure, lot, place or location where any activity In violation of law IS
conducted, performed maintained or allowed;
(8). Staqnant or insufficientlv treated water, in a pool. pond or container of any kind, includinq
water in which alqae is allowed to qrow or in which mosquitoes or other insects are able to be breed.
(9). Animal excrement;
(10). Nonoperative or unlicensed motor vehicles;
(11) Furniture kept or stored outdoors where such furniture is of the kind and sort normallv
and customarilv kept inside such as, for example, upholstered sofas, and where such furniture is not
in actual use;
(12) Anv operable appliance kept or maintained outside in the open air and not under roof
such as a qaraqe or carport;
(13).conditions occurrinq on the property which
(a). Injures or endanqers the comfort, repose, health or safety of any person; or
(b). Offends decency; or
(c). Is offensive to the senses; or
(d). Interferes with, obstructs or renders danqerous for passaqe on any public or private
street, allev, hiqhwav, riqht-of-wav, easement, sidewalk, stream, ditch, channel or drainaqe of any
property; or
(e). Renders other persons insecure in life or the use of property; or
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(f). Interferes with the comfortable and quiet eniovment of life or property; or
(q). Tends to or could depreciate the value of property of any persons; or
(h)o The accumulation of qarbaqe and trash in violation of section 16-23 of this chapter; or
(Do Anv trash, litter, debris, qarbaqe, bottles, paper, plastic, metals, cans, raqs, offal, bricks,
concrete, lumber, buildinq materials, or dead or decavinq plants, (except for compost piles) or
animals of any kind; or
(D. Anv condition which provides, or could provide, harboraqe for rats, mice, snakes, insects
or other vermin; or
(k)o Anv noises or vibrations, includinq animal noises, which disturb the peace of the
surroundinq area or are otherwise unlawful; or
(I). Anv foul, offensive or unlawful emissions, odors or stenches and the causes thereof; or
(m)o The pollution of any well, body of water or drainaqe system bv sewaqe, dead animals,
industrial wastes, debris or other substances; or
(n). Dense smoke, noxious or lethal fumes, lethal qas, soot or cinders; or
(0). Anv condition constitutinq a fire hazard; or
(p). Blockinq of drainaqe inlets, pipes, ditches, swales, channels, culverts or streams; or
(q). Is declared otherwise bv ordinance or statute to be a nuisance, unlawful or prohibited
such as, bv way of example onlv, is violative of the 2006 International Property Maintenance Code as
enacted bV the City.
Section 3. Revisions to Chapter 18, Articles I and II. The following sections of Chapter 18,
Articles I and II, City Code of the City of Sanford, as amended by Ordinance Number 4137, are
amended to read as follows:
CHAPTER 18: BUILDINGS AND BUILDING REGULATIONS
ARTICLE I. IN GENERAL
Section 18-2. Amendments to Florida Building Code.
* * *
101.4.2.3.2. Unsafe buildings shall be abated using the 2006 International Property Maintenance
Code Standard Unsafo Building /\batomont Codo, 1985 odition, promulgatod by tho Southorn
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Building Code Congress International, Inc., subject to all amendments, modifications or deletions
enacted by the City hereinafter contained and such Code is incorporated herein and adopted by this
reference thereto.
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101.4.15. Words defined.
Abandon or abandonment.
(1) Termination of a construction project by a contractor without just cause or proper notification to
the owner including, but not limited to, the reason for termination.
(2) Failure of a contractor to perform work without just cause for 90 days.
(3) Failure to obtain an approved inspection within 180 days from the previous approved inspection.
Appraised value. For the purpose of this section, appraised value is defined as either:
(1) One hundred twenty percent of the assessed value of the structure as indicated by the county
property appraiser's office; or
(2) The value as indicated in a certified appraisal from a certified appraiser.
Assessed value. The value of real property and improvements thereon as established by the county
property appraiser.
Authorized agent. A person specifically authorized by the holder of a certificate of competency to
obtain permits in his or her stead.
Basic wind speed line. The basic wind speed line for the jurisdiction shall be as established by the
wind speed contour map attached to, and made part of, this chapter if applicable.
Board. The appropriate city or county board of adjustment and appeals, unless otherwise specifically
stated.
Building component. An element or assembly of elements integral to or part of a building.
Building shell. The structural components that completely enclose a building, including, but not limited
to, the foundation, structural frame, floor slabs, exterior walls and roof system.
Building system. A functionally related group of elements, components and/or equipment, such as the
electrical, plumbing and mechanical systems of a building.
Certificate of competency (certificate). An official document evidencing that a person is qualified to
engage in the business of contracting, subcontracting or the work of a specific trade.
Certificate of experience. An official document evidencing that an applicant has satisfied the work
experience requirements for a certificate of competency.
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Certificate of occupancy (C.O.). An official document evidencing that a building satisfies the
requirements of the jurisdiction for the occupancy of a building.
Certification. The act or process of obtaining a certificate of competency from the state or municipality
through the review of the applicant's experience and financial responsibility as well as successful
passage of an examination.
Certified contractor. Any contractor who possesses a certificate of competency issued by the State
Department of Business and Professional Regulation or its successor aqencv.
Change of occupancy. A change from one building code occupancy classification or subclassification
to another.
Commercial building. Any building, structure, improvement or accessory thereto, other than a one- or
two-family dwelling.
Cumulative construction cost. The sum total of costs associated with any construction work done to a
building or structure either at one time or at different times within a specified period of time.
Demolition. The act of razing, dismantling or removal of a building or structure, or portion thereof, to
the ground level.
Documented Construction Value. Documented contractual job pricing including. but not limited to.
such detailed construction costs estimates as required to meet the needs of the building official.
Examination. An exam prepared, proctored and graded by a recognized testing agency unless
otherwise implied in context or specifically stated otherwise.
FCILB. The Florida Construction Industry Licensing Board.
Imminent danger. Structurally unsound conditions of a structure or portion thereof that are likely to
cause physical injury to a person entering the structure; or, due to structurally unsound conditions,
any portion of the structure is likely to fall, be carried by the wind, or otherwise detach or move, and in
doing so cause physical injury or damage to a person on the property or to a person or property
nearby; or the condition of the property is such that it harbors or is inhabited by pests, vermin, or
organisms injurious to human health, the presence of which constitutes an immediate hazard to
people in the vicinity.
Inspection warrant. A court order authorizing the official or his or her designee to perform an
inspection of a particular property named in the warrant.
Intensification of use. An increase in capacity or number of units of a residential or commercial
building.
Interior finish. The preparation of interior spaces of a commercial building for the first occupancy
thereof.
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Licensed contractor. A contractor certified by the state or the City local jurisdiction who has satisfied
the all state or local requirements to be actively engaged in contracting.
Market value. As defined in floodplain regulations of this code.
Owner's agent. A person, firm or entity authorized in writing by the owner to act for or in place of the
owner.
Permit. An official document authorizing performance of a specific activity regulated by this chapter.
Permit card or placard. A document issued by the city evidencing the issuance of a permit and
recording of inspections.
Qualifying agent, primary. A person who possesses the requisite skill, knowledge, experience and
certificate of competency, and has the responsibility to supervise, direct, manage, and control the
contracting activities of the business organization with which he or she is associated; who has the
responsibility to supervise, direct, manage and control construction activities on a job for which he or
she has obtained a permit; and whose technical and personal qualifications have been determined by
investigation and examination and is evidenced by his or her possession of a certificate of
competency.
Qualifying agent, secondary. A person who possesses the requisite skill, knowledge, experience and
certificate of competency, and has the responsibility to supervise, direct, manage and control
construction activities on a job for which he or she has obtained a permit, and whose technical and
personal qualifications have been determined by investigation and examination and is evidenced by
his or her possession of a certificate of competency.
Reciprocity. To accept a verified affidavit from any municipality or county of the state that the
applicant has satisfactorily completed a written examination in its jurisdiction equal in content with the
examination required by this chapter.
Registered contractor. A contractor who has registered with the Department of Business and
Professional Regulation or its successor aqencv of the State pursuant to fulfilling the competency
requirements of the City local jurisdiction.
Registration. The act or process of registering a locally obtained certificate of competency with the
state, or the act or process of registering a state issued certificate of competency with the City
munioipality.
Remodeling. Work which changes the original size, configuration or material of the components of a
building.
Residential building. Any one- or two-family building or accessory.
Roofing. The installation of roof coverings.
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Spa. Any constructed or prefabricated pool containing water jets.
Specialty contractor. A contractor whose services do not fall within the categories specified in F.S. S
489.105(3).
Start of construction.
Building: The removal, disassembly, repair, replacement, installation or assembly of the
building, structure, building system or building components in whole or parts thereof.
Site: The physical clearing of the site in preparation for foundation work, including, but not
limited to, site clearing, excavation, dewatering, pilings and soil testing activities.
Stop work order. An order by the building official, or his or her designee, which requires the
immediate cessation of all work and work activities described in the order.
Structural component. Any part of a system, building or structure, loadbearing or non-Ioadbearing,
which is integral to the structural integrity thereof, including but not limited to walls, partitions,
columns, beams and girders.
Structural work or alteration. The installation or assembling of new structural components into a
system, building or structure. Also, any change, repair or replacement of any existing structural
component of a system, building or structure.
Substantial completion. Where the construction work has been sufficiently completed in accordance
with the applicable city, state and federal codes, so that the owner can occupy or utilize the project for
the use for which it is intended.
Value. Job cost.
Section 102. Building department.
102. 1. * * *
102.2. Employee qualifications.
102.2.1. Building official qualifications. The building official shall be licensed as a building code
administrator by the state. The building official shall be appointed or hired by the City Manaqer
applicable governing authority and shall not be removed from office except as provided by controllinq
City policy for C3use after full opportunity has been given to be heard on specific charges before such
applic3ble governing authority.
102.2.3. Employee qualifications. The building official, with the approval of the City Manaqer
3pplicable governing authority, may appoint or hire such number of officers, inspectors, plans
examiners, assistants and other employees as shall be authorized from time to time. A person shall
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not be appointed or hired as inspector or plans examiner unless that person meets the qualifications
for licensure as an inspector or plans examiner, in the appropriate trade as established by the state.
102.3. Restrictions on employees. An officer or employee 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, within the jurisdiction of the department, unless he is the owner of such. This officer or
employee shall not engage in any other work which is inconsistent with his or her duties or conflict
with the interest of the department.
102.4. * * *
102.5. 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 or her duties, shall not thereby render himself or herself personally liable, and is
hereby relieved from all personal liability, for any damage that may occur to persons or property as a
result of any act required or permitted in the discharge of his or her duties. Any suit brought against
any officer or omployoo or mombor becauso of such act porformod by him in tho onforcomont of any
provisions of this coda shall bo dofondod by tho city attornoy at tho diroction of tho city commission
until tho final tormination of tho procoodings, un loss such porson is found to have actod in bad faith or
with maliciouc purposo or in a mannor oxhibiting 'Nanton and 'Ni lIfu I disrogard for tho safoty, hoalth,
and wolfaro of tho public.
Section 103. Powers and duties of the building official.
103.1. * * *
103.2. Right of entry.
103.2.1. 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 building or
upon any 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 duty imposed upon the building official by this code. If such building or premises are
occupied, he or she shall first present proper credentials and request entry. If such building, structure,
or premises are unoccupied, he or she 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 every remedy provided by law to secure entry. Administrative
inspection warrants, as permitted by State law, may be pursued under the supervision of the City
Attorney.
103.2.2. When the building official shall havo first has obtained an a propor administrative inspection
warrant in accordance with the controllinq requirements of law or other remedy provided by law to
secure entry, it is prohibited and unlawful for an He owner or occupant or any other persons having
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charge, care or control of any building, structure, or premises shall fail or neglect, after proper request
is made as herein provided, to promptly permit entry therein by the building official for the purpose of
inspection and examination pursuant to this code.
103.3.
* * *
103.4.
* * *
103.4.1.
* * *
103.4.2.
* * *
103.5. Unsafe buildings or systems. All buildings, structures, or electrical, gas, mechanical or
plumbing systems which are unsafe or 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 be abated
by repair and rehabilitation or by demolition in accordance with the provisions of the provisions of the
City's codes and ordinances Standard UnsJ.fe Building Abatement Code or other 10cJ.1 ordinance.
103.6. Requirements not covered by code. Any requirements necessary for the strength, stability
or proper operation of an existing 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 bv applvinq sound and
qenerallv accepted practices and principles applicable to the buildinq industry.
104.1.6. * * *
104.2.1.2. Additional data. The building official may shJ.1I be J.llo'Ned to require details,
computations, stress diagrams, and other data necessary to describe the construction or installation
and the basis of calculations.
104.2.4. Site drawings. Drawings shall show the location of the proposed building or structure and of
every existing building or structure on the site or lot. The building official may shall be permitted to
require a boundary line survey prepared by a qualified licensed surveyor whenever the boundary
lines cannot be readily determined in the field.
104.2.5. * * *
104.3.1.1. * * *
104.4.6. Public right-of-way. A permit shall not be given by the building official for the construction
of any building, or for the alteration of any building where the building is to be changed and such
change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on
any street, alley or public lane, or for the placing on any lot or premises of any building or structure
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removed from another lot or premises, unless the applicant has made application for, and been
issued, right-of-way permits from the authority having jurisdiction over the street, alley or public lane.
104.5.1. * * *
104.5.1.5. * * *
104.6.2. Work commencing before permit issuance. Any person who commences any work on a
building, structure, electrical, gas, mechanical or plumbing system before obtaining the building
official's approval or the necessary permits shall pay a permit fee in the amount of twice be subject to
a penalty of 100 percent of the usual permit fee in order to address additional administrative costs
incurred bv the City addition to the required permit fees or as provided by local ordinanoe. This
provision shall not apply to emergency work when delay would clearly have placed life or property in
imminent danger as determined bv the Buildinq Official. But in all such cases the required permit
must be obtained within three business days and any unreasonable delay in obtaining those permit(s)
shall result in the charge of the a double fee as set forth herein. The payment of a double fee shall
not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a
permit. The building official may grant extensions of time or waive fees when justifiable cause has
been demonstrated in writing.
104.6.5.
* * *
104.6.6. Building permit valuations. If, in the opinion of the building official finds, based upon
qenerallv accepted data, the valuation of building, alteration, structure, electrical, gas, mechanical or
plumbing systems appears to be underestimated on the application, the permit shall be denied,
unless the applicant can show detailed estimates to meet the approval of the building official. Permit
valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment and other
systems, including materials and labor. The permit valuation may be calculated using the latest
building valuation data published by the International Code Council ("ICC") or other applicable model
code organization, at the option of which is determined bv the building official to be qenerallv
accepted in the buildinq field.
Section 105. Inspections.
105.1. Existing building inspections. Before issuing a permit, the building official may examine or
cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an
application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change
the occupancy. He or she shall inspect all buildings, structures, electrical, gas, mechanical and
plumbing systems, from time to time, during and upon completion of the work for which a permit was
issued. He or she shall make a record of every such examination and inspection and of all violations
of the technical codes.
105.2. Manufacturers and fabricators. When deemed necessary by the building official, he or she
shall make, or cause to be made, an inspection of materials or assemblies at the point of
manufacture or fabrication. A record shall be made of every such examination and inspection and of
all violations of the technical codes.
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105.3. Inspection service. The building official may make, or cause to be made, the inspections
required by section 105. He or she may accept reports of department inspectors, independent
inspectors or recognized inspection services, provided that after investigation he or she is satisfied as
to their licensure, qualifications and reliability. A certificate required by any provision of this code shall
not be based on such reports unless the same arc recorded by the building code inspector or the
architect or engineer performing building code inspections in a manner specified by the building
official. The building official shall ensure that all persons making such inspections are shall be
certified in accordance to F.S. ch. 468.
105.4. After Hours Inspections. The term after hours shall mean that time after 5:00 p.m. and prior
to 8:00 a.m. weekdays. In the event that a permitted construction project requires after hours or
weekend inspection, requests shall be completed on the approved request form, submitted within the
specified time frame, and the fee for such inspection shall be paid in accordance with the established
fee table. In order to obtain after hours inspection the following must sRaU be met:
· requests must be made before noon on the day preceding the day the inspection is needed;
· requests for weekend or holiday inspections must be submitted one week in advance; and
· if the inspection is already scheduled for a particular day, there must be established to the
satisfaction of the building official, an emergency condition necessitating the inspection before any
fees are imposed and calculated; emergencies excepted.
105.5. Site Debris. All contractors are will be responsible for assuring that the work sites and the
adjacent streets are not littered during construction period. This obliqation and duty includes unused
or discarded work materials in addition to personal trash of the workmen (lunch items, cans, papers,
etc). All debris shall be kept in such a manner as to prevent it from being spread by any means.
Construction job sites must be kept clean, such that accumulation of construction debris must not
remain on the property for a period exceeding fourteen days. The contractor and/or owner of any
active or inactive construction project shall be responsible for the clean up and removal of all
construction debris or any other miscellaneous discarded articles prior to receiving a final inspection
approval. All waste removal receptacles must be City approved. Violatorc of the above sections may
be punished according to Chapter 1 , Section 7 of tho City of Sanford Codo of Ordinancos.
105.6. Required inspections--Building.
1.1. Slab inspection: Must +s be made after the reinforcement is in place, all concealed conduit,
piping, ducts and vents are installed and the electrical, plumbing and mechanical work is complete.
Slab shall not be poured until all required inspections have been made and passed. A foundation
survey prepared and certified by a registered surveyor is shall bo required for all new construction
prior to approval of the framing inspection. The survey shall certify placement of the building on the
site, illustrate all surrounding setback dimensions and shall be available at the job site for review by
the building inspector. In lieu of providing a survey, the contractor may elect to uncover all property
line markers and string-up all property lines in preparation for inspection.
2.1. Insulation inspection: Must +s be made after the framing inspection is approved and the
insulation is in place.
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Note: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be
removed and properly reinstalled prior to installation of the dry-in material.
2.3 4. Roofing inspection: Must +e be made as two inspections on tile, slate or similar roof
coverings or as one inspection on all other roof coverings, and shall at a minimum include the
following building components:
· Dry-in.
· Insulation.
· Roof coverings.
· Flashing.
105.7. Permit Card. The contractor shall Placement of permit card must remain visibly postea the
permit card on the street side of the site. Supporting documents and construction plans must be
presented when inspections are requested. The pPermit card must be maintained on site in a
protected and safe condition during the entire time the job is in progress.
106.1.2. Issuing certificate of occupancy. Upon completion of construction of a building or
structure in a manner consistent with all applicable development orders and development permits and
installation of electrical, gas, mechanical and plumbing systems in accordance with the technical
codes, reviewed plans and specifications, and after the final inspection, and after verification that all
septic system permits have received an approved final inspection where applicable, the building
official shall issue a certificate of occupancy stating the nature of the occupancy permitted, the
number of persons for each floor when limited by law, and the allowable load per square foot for each
floor in accordance with the provisions of this code.
Section 107. Tests.
107.1. For products not covered under the statewide product evaluation and approval system, the
building official may require tests or test reports as proof of compliance. Required tests shall are to be
accomplished maGe at the expense of the owner, or his agent, by an approved testing laboratory or
other approved agency.
Section 108. Severability.
108.1. * * *
Section 109. Violations and penalties.
109.1. Any person, firm, corporation or agent who shall violate a provision of this code, or fail to
comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install,
demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected,
constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical
or plumbing system, in violation of a detailed statement or drawing submitted and permitted
thereunder, shall be subiect to code enforcement in any manner available under law and the
provisions of Section 1-7 of the City Code shall apply as to violations constitutinq separate offenses
guilty of a misdemeanor of the second degree. Each such person shall be considered guilty of a
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separate offense for each and overy day or portion thereof during 'Nhich any viobtion of any of the
provisions of this code is committed or continued. Upon conviction of any such violation such person
shall be punished v:ithin the limits as provided by law and local ordinance.
Section 110. Construction board of adjustment and appeals.
110.1. Appointment. There may be established a board to be called the construction board of
adjustment and appeals, which should consist of nine members but not less than seven. The board
shall be appointed by the City Commission applicable governing body.
110.2. Membership and terms.
110.2.1. Membership. The construction board of adjustment and appeals should be composed of
two Division 1 contractors, one electrical contractor, one mechanical contractor, one plumbing
contractor, architect, engineer and two members of the general public whenever possible. A board
member shall not act in a case in which he or she has a personal or financial interest and are subiect
to the ethics laws and policies qenerallv applicable to local qovernment officials.
110.2.2. Terms. The terms of office of the board members shall be staggered so no more than one-
third of the board is appointed or replaced in any 12-month period. Vacancies shall be filled for an
unexpired term in the manner in which original appointments are required to be made. Continued
absence of any member from required meetings of the board shall, at the discretion of the City
Commission applicable governing body, render any such member subject to immediate removal from
office. Anv qeneral provision of the City Code relative to terms of office shall prevail over this
proVIsion.
110.2.3. * * *
110.2.4. Secretary of board. A person shall be appointed by the Buildinq Official local jurisdiction to
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.
110.3. * * *
110.4. Appeals.
110.4.1.
* * *
110.4.2.
* * *
110.4.2.1. * * *
110.4.3. Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after
the decision is rendered by the building official. Appeals shall be in a form acceptable to the building
official. Appeals relating to provisions of the Florida Building Code, other than local amendments,
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may be appealed to the Florida Building Commission, pursuant to F.S. 9 120.569, regarding the
City's looal government's action. Notice of administrative rights may be obtained from the IDGat
building department.
110.4.4. Unsafe or dangerous buildings or service systems. In the case of a building, structure or
service system which, in the opinion of the building official has found to be ., is unsafe, unsanitary or
dangerous, the building official may, in his or her order, limit the time for such appeals to a shorter
period and provide notice to all affected parties of such action in a reasonable manner under the
circumstances.
110.5. Procedures of the board.
110.5.1. * * *
110.5.2. Decisions. The construction board of adjustment and appeals shall, in every case, reach a
decision without unreasonable or unnecessary delay. Each decision of the board shall also include
the reasons for the decision in accordance with the provisions of Section 166.033, Florida Statutes. If
a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or
varies the application of any provision of this code, the building official shall immediately take action
in accordance with such decision or seek relief from a hiqher authority. Every decision shall be
promptly filed in writing in the office of the building official and shall be open to public inspection. A
certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be
kept publicly posted in the office of the building official for two weeks after filing. Every decision of the
board shall be final, subject however to such remedy as any aggrieved party might have at law or in
equity.
Section 18-3.
* * *
Section 18-4. Finished floor elevations. * * *
Section 18-5. Slope of driveways. * * *
Section 18-6. Construction in flood prone areas.
The codes and ordinances of the City provisions of sections 18 "I and 18 5 shall not be in violation of
or supersede any section of this code, or any ordinanoe or zoning regulation, pertaining to
construction within flood prone areas shall prevail over the provisions of this Chapter.
Section. 18-7. Television dish antennas and satellite antennas.
(a) Building permit required. The installation of all television dish antennas and/or satellite antennas
shall require a building permit.
(b) Installation regulations. Installations of Over-the-Air Reception Devices ("aT ARD") shall onlv be subiect to the
provisions of Section 207 of the Telecommunications Act of 1996. as amended from time-to-time. and the rules of the
Federal Communications Commission.
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(47, Code of Federal Reaulations, Section 1.4000, as amended and supplemented from time-to-time)
concerninq permissible qovernmental restrictions on viewers' abilitv to receive video proqramminq
siqnals from direct broadcast satellites ("DBS"), broadband radio service providers (formerlv
multichannel multipoint distribution service or MMDS), and television broadcast stations ("TVBS").
(1) Television dish ::mtennac or satellite antennas shall not be installed on or attaohed to any part of
the roof structure of any residentbl building.
(2) Television dish antennae or satellite antennas may be installed on or attaohed to roofe of
commercial or industrbl buildings but only upon submiseion of a certificate of an engineer or architect
currently regietered to do busineee in the state. Such certification shall be to the effect that a
etructural analyeie hac been made of the building and the building can eafely eupport the epecific
antenna with a minimum wind loading of 100 miles per hour.
(3) Television dish antennas or satellite antennas ehall not be installed in front of the front line of any
recidentbl, oommercial, or induetrbl building.
('I) Television dish antennas or satellite antennae may only be installed in side yards or back yards of
any building.
(5) No portion of any antenna or support etructure ehall be closer than five feet to any property line.
(6) Televieion dish antennae or satellite antennas shall not be located on any public way, easement,
or park'....ay.
(7) Televisions dieh antennas or satellite antennae ehall not be installed in any designated parking
area of any building.
(8) Mobile mounted televieion dich antenna or satellite antenna etructure shall comply with all
requirements of eubeections (b)(1) through (7) of thie eection.
(c) Apartment Ot condominium buildings abovo three stoties. J\partment or condominium buildinge
above three etories in height shall be treated ae commercial structuree for the purpose of this section
for televieion dieh antennas or satellite antennas.
(d) CompUance lI'.1th height resttictions of zoning ordinance. The install:1tion of any television dish
antenna or satellite antenna shall not exceed the height reetriction set forth in the zoning ordinance
for that location."
Section 18-8. Tent permits.
(a) Required. No tent shall be erected within the city until a permit has been obtained from the
building division and the fire department.
(1) Tents/canopies meeting all of the following requirements are will be exempt from permitting
through the building division:
a. Is 400 square feet or less;
b. Does not have attachable sides;
c. Does not have provisions for electricity;
d. Is not utilized for a place of assembly for more than 50 people; and
e. Does not provide for the sale of hazardous materials.
(2) All tents/canopies require a permit from the fire department.
(b) Application. An application for a tent permit shall include the following:
(1) Letter from the property owner, authorizing use of the property.
(2) Certification of tent fire resistance, effective for the period specified by the permit.
(3) Tent permit application form.
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(c) Issuance; conditions. A!! permits shall will be subiect to the followinq conditions issued upon
submittal of the documents specified in subsection (b) of this cection, and payment of the applicable
fee, contingent upon the following conditions:
(1) Inspection shall be requested bv the permittee when the grounds are prepared by cutting grass,
removing debris, or any other potential fire hazards, and electric service is ready for connection.
Inspection approval will authorize erection of the tent.
(2) Final inspection by the building department and fire prevention inspector shall be requested bv the
permittee when the tent is erected, sanitary facilities are provided, and seats and fire extinguishers
are installed.
(3) The tent shall not be occupied or electrical service connected until satisfactory final inspections~
as determined bvthe City. have been performed.
(4) Permits are limited to two weeks, with provision for one extension of two weeks after satisfactory
reinspection and approval bv the City to ensure safety to life conditions have not deteriorated.
(5) No tent shall be permitted on a site for a period longer than 28 days. No permit shall be issued
obtained for the same site within a period of 180 days following expiration of a tent permit.
(6) Adequate parking shall be provided as a condition precedent to the issuance of a tent permit.
ARTICLE II. UNSAFE OR UNSANITARY BUILDINGS
Section 18-31. Authority to condemn.
The city commission is authorized to condemn and order to be demolished and removed, or to be put
in a sound state of repair, any and all buildings and structures within the city found to be in a
dilapidated, unsanitary, unsafe or uninhabitable condition. Additionallv. City officials. as desiqnated
herein in emerqencv circumstances. are authorized to demolish and remove, or to be put in a sound
state of repair. any and all buildinqs and structures within the City found to be in a dilapidated.
unsanitary, unsafe or uninhabitable condition as set forth in the City's codes and ordinances.
Section 18-32. Periodic inspection of buildings; notice of condemnation; hearing.
(a) The building official, the fire chief, the code official or their designees, are authorized to
periodically inspect buildings and structures within the city, and if such official finds any building, or
structure to be in a dilapidated, unsanitary, unsafe or uninhabitable condition, shall report such fact in
writing to the city manager, specifying in detail the condition of the building or structure. The city shall
thereupon determine whether or not a public hearing shall be held to condemn such building or
structure. If the city manager determines such hearing will be held, he or she shall cause to be it shall
GfGef placed upon such building or structure a notice of condemnation, and simultaneously therewith
direct to be delivered to the owner or owners, or anyone owner, either in person or by certified or
registered mail to the last known address as shown by the tax assessment rolls of the county, a
notice to the owner of the property involved, that the building or structure thereon has been found by
officials of the city to be in dilapidated, unsanitary, unsafe or uninhabitable condition, and that the city
intends to condemn the same. Such notice shall further provide that a hearing will be held before the
city commission at a stated time and at a stated place, and that at such time and place a full
determination will be made by the city commission as to the condition of the building or structure. If
the owner cannot be located for personal delivery or receipt of certified or registered mail of the
notice, after reasonable inquiry, then the notice shall be published once a week for two consecutive
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weeks in a newspaper of general circulation within the city, and such service shall be deemed
sufficient to show that the notice requirements of this section have been met without regard to
whether or not the property owner actually received such notice.
(b) The property owner and the City Manaqer, or desiqnee, at the hearing, shall have a full
opportunity to be heard and to present such relevant evidence as they desire the owner sees fit. The
City Commission may accept evidence from the qeneral public as deemed appropriate for the
particular case.
Section 18-33. Uninhabitable. dilapidated. unsafe or unsanitary buildings or structures.
(a) A building or structure shall be uninhabitable, dilapidated, unsafe or unsanitary when:
(1) An order has been issued by the City under its codes or ordinances findinq that a public nuisance
exists; and It is visited by persons for the purpose of unbvlfully procuring or using any controlled
substance, as defined under F.S. ch. 893, or any drugs, as defined in F.S. ch. 199;
(2) It is used for the illegal keeping, selling or delivering of such controlled
substances or drugs; or
~ @ It is found to have one or more of the following characteristics:
a. It is vacant, unguarded and open at doors or windows;
b. There is an unwarranted accumulation of debris or other combustible material therein;
c. The structure's condition creates hazards with respect to means of egress and fire protection as
provided for the particular occupancy;
d. There is a falling away, hanging loose or loosening of any siding, block, brick, or other building
material; ,
e. There is deterioration of the structure or structural parts;
f. The structure is partially destroyed;
g. There is an unusual sagging or leaning out of plumb of the structure or any parts of the structure
and such effect is caused by deterioration or over-stressing;
h. The electrical or mechanical installations or systems create a hazardous condition; or
i. An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste
disposal systems-;- ~
j. It is in substantial non -compliance with the 2006 International Prooertv Maintenance Code as
enacted by the City; or
(3) It is found to have one or more of the characteristics in Section 18-33(a) (2) a - i and an order has
been issued by the City Commission sittinq as the City's public nuisance abatement board declarinq
the subiect property to be a public nuisance.
(b) 1\ building or structure shall be presumed to be utilized for the purposes set forth in subsection
(a)(1) or (2) of this section ,,:hen there are one or more arrests or police reports of incidents which
involve the keeping, consumption, or delivery of controlled substances or drugs on the premises of
the subject building or structure.
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{Gt A building or structure found to be uninhabitable, dilapidated, unsafe or unsanitary as provided in
this section shall be subject to demolition.
(c) The City shall implement the provisions of the 2006 International Property Maintenance Code, as
enacted bv the City, in coniunction with the provisions of this Article.
(d) The City may sell any material salvaqed from any demolished buildinq or structure and any other
property contained therein or thereupon and credit the proceeds aqainst the cost of demolition or
removal, or where an independent contractor is emploved to demolish or remove any such buildinq or
structure, to convey such material or property to the contractor as compensation or partial
compensation for such demolition or removal. Should the proceeds from the disposition of such
materials or property exceed the cost of such demolition or removal. such excess shall be used,
applied, or paid over in accordance with the written directions of the parties entitled thereto.
(e) The City Commission is authorized to appropriate and expend such funds as may be necessary
to carry out the provision of this Article. Nothinq contained herein shall require the City Commission to
appropriate or expend any funds to carry out the purpose of this Article. The authority qranted herein
is permissive and shall not be construed to impose an obliqation on the Buildinq Official or the City to
condemn any buildinq or structure.
(f) Nothinq herein precludes exercise of emerqencv powers otherwise available In the face of
imminent threat to public safety.
(q) The provisions of this Article shall not be deemed to repeal or modify any provision of a City code
or ordinance relatinq to condemninq of buildinqs and structures but the provisions herein shall be
supplemental and in addition to the powers that may be exercised by the City throuqh its City
Commission or its officers and emplovees.
Section 18-34. Order of condemnation; repair or removal.
If the city commission determines upon f.H.U hearing as provided in section 18-32 that such building or
structure should be condemned, such fact shall be stated in writing to the property owner including
reasonable specifications as to the deficiencies justifying such condemnation and the property owner
shall be given a reasonable time, according to the size, condition and location of such building or
structure, in which to cause the building or structure to be demolished and removed, the illeqal
conditions abated, or placed in a state of sound repair, and in the event of failure on the part of the
property owner within such time period to effect the demolition and removal, abatement or repair,
then such building or structure will be demolished and removed by the city and the cost of the same
speciallv assessed as a lien against the land. The order of condemnation shall be delivered to the
property owner or owners, or anyone owner, either in person or by certified or registered mail to the
last known address as shown by the tax assessment rolls of the county. The lack of a signed returned
receipt shall not constitute a failure to notify owners or interested parties. Service shall be deemed
complete upon mailing. The order of condemnation shall be recorded in the public records of the
county as a municipal special assessment lien. The recordation of such order of condemnation[ as a
municipal special assessment lien as provided in this section shall constitute notice to any
subsequent purchasers, transferees, grantees, mortgagors, mortgagees, lessees, lienors, and all
persons having, claiming or acquiring any interest in the property described therein, or affected
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thereby. No condemned building or structure stating that the same is condemned shall be occupied
or used for any purpose during the period of time the same is condemned.
Section 18-35. Demolition by city; municipal special assessment lien.
If, within the time stated in the order of condemnation/municipal special assessment lien provided for
in section 18-34, the property owner fails to demolish and remove or repair such condemned building
or structure, and has not shown cause before the city commission which justifies an extension of
time, the city commission shall forthwith order such building or structure to be demolished or removed
by the city and the actual cost~ including administrative cost~ of the same specially assessed as a
municipal special assessment lien upon the land. The city may enforce its municipal special
assessment lien and maintain a personal action against the property owner or owners at the same
time to recover such cost and any and all interest accrued thereon. In any suit by the city either at law
or in equity for the collection of the amount of the lien, the city shall be entitled to recover its actual
costs and attorney's fee for the suit and such costs and attorney's fee shall also become a lien upon
the land. Any lien for costs and fees incurred pursuant to sections 18-31 through 18-36 shall
constitute a lien against the premises to the same extent and character as the lien for special
assessments, and with the same penalties and rights of collection, foreclosure, sale and forfeiture as
obtained for special assessment liens.
Section 18-36. Emergency powers
The City Manaqer, building official, fire chief, or code official shall have the power to promptly cause a
building, structure or portion thereof to be made safe or cause its removal in cases of emergency
which have been determined to involve imminent danger to human life or health. For this purpose
such structure or land on which such structure stands or abutting land or structures may be entered
by such official with such assistance and at such cost as the official may deem necessary. The official
may order the vacation of adjacent structures and may protect the public by appropriate fencing or
such other means as may be necessary, and for this purpose may close a public or private way. All
costs incurred by the city pursuant to this section shall be assessed and enforced as stated in section
18-35 and other controllinq provisions of the City's codes and ordinances.
Section 4. Implementing Administrative Actions. A new section of the City Code of the
City of Sanford is created to read as follows:
The City Manager, or designee, is hereby authorized and directed to implement the provisions
of this Ordinance and to take any and all necessary administrative actions to include, but not be
limited to, the adoption of administrative rules.
Section 5. Repealer/Conflicts.
(a). Sections 50-31, 50-32, 50-33, 18-37 and 18-38 of the City Code ofthe City of Sanford
are hereby repealed.
(b). All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed.
Section 6. Savings.
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The prior actions of the City of Sanford relating to property maintenance requirements,
condemnation and demolition activities, as well as all code enforcement activities of the City relating
thereto are hereby ratified and affirmed.
Section 7. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid,
unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity,
force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise
determined to be invalid, unlawful, or unconstitutional.
Section 8. Codification.
This Ordinance shall be codified in the City Code of the City of Sanford; provided, however,
that Sections 5, 6, 7, 8 and 9 shall not be codified. The Code Codifier is granted broad and liberal
authority to change section numbers in the current City Code and other appropriate actions as set
forth in Section 1-1 0 of the City Code.
Section 9. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 23rd day of March, 2009.
City Commission of the City of Sanford, Florida
Seminole County, Florida
c ~. . .~. -
Linda Kuhn, Mayor
Attest:
rn W1ij
illiam L. Colbert, Esquire
City Attorney
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THIS PAGE INTENTIONALLY LEFT BLANK.
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EXHIBIT TO ORDINANCE
2006 International Property Maintenance Code
As Enacted By The City Of Sanford
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CHAPTER 1
ADMINISTRATION
SECTION 101
GENERAL
101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of
Sanford, hereinafter referred to as "this code."
101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential
structures and all existing premises and constitute minimum requirements and standards for
premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation,
protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary
maintenance; the responsibility of owners, operators and occupants; the occupancy of existing
structures and premises, and for administration, enforcement and penalties.
101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public
health, safety and welfare in so far as they are affected by the continued occupancy and maintenance
of structures and premises. Existing structures and premises that do not comply with these provisions
shall be altered or repaired to provide a minimum level of health and safety as required herein. It is
not the intent of the City to cause conflict with the controlling provisions of Federal and State law and,
to the extent of conflict, if any, such provisions shall prevail over the provisions of this code.
SECTION 102
APPLICABILITY
102.1 General. The provisions of this code shall apply to all matters affecting or relating to structures
and premises, as set forth in Section 101. Where, in a specific case, different sections of this code
specify different requirements, the most restrictive shall govern.
102.2 Maintenance. Equipment, systems, devices and safeguards required by this code or a
previous regulation or code under which the structure or premises was constructed, altered or
repaired shall be maintained in good working order. No owner, operator or occupant shall cause any
service, facility, equipment or utility which is required under this section to be removed from or shut
off from or discontinued for any occupied dwelling, except for such temporary interruption as neces-
sary while repairs or alterations are in progress. The requirements of this code are not intended to
provide the basis for removal or abrogation of fire protection and safety systems and devices in
existing structures. Except as otherwise specified herein, the owner or the owner's designated agent
shall be responsible for the maintenance of buildings, structures and premises.
102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of
occupancy, shall be done in accordance with the procedures and provisions of the Florida Building
Code. Nothing in this code shall be construed to conflict with any provision of the Florida Building
Code.
102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair
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existing remedies of the City or its officers or agencies relating to the removal or demolition of any
structure which is dangerous, unsafe and insanitary.
102.5 Workmanship. Repairs, maintenance work, alterations or installations which are caused
directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike
manner and installed in accordance with the manufacturer's installation instructions.
102.6 Historic buildings or structures/other existinq buildinqs or structures.
@1 The provisions of this code shall not be mandatory for existing buildings or structures
designated as historic buildings when such buildings or structures are judged by the code official to
be safe and in the public interest of health, safety and welfare.
(b). The provisions of this code shall not apply to buildinQs or structures existinQ on the
effective date of this Ordinance when lawfully permitted and constructed in accordance with the
applicable codes at the time of construction if the current condition of the buildinQ or structure is not
deemed hazardous to the public health, safety or welfare.
(c). A property owner may apply to the City for a certificate of vested status relative to the
requirements of this code which shall be issued upon a findinQ that the buildinQ or structure
was constructed in accordance with the applicable codes at the time of construction and the current
condition of the buildinQ or structure is not hazardous to the public health, safety or welfare.
102.7 Referenced codes and standards. The codes and standards referenced in this code shall be
those that are listed in Florida Building Code requirements of this code to the prescribed extent of
each such reference. Where differences occur between provisions of this code and the referenced
standards, the provisions of this code shall apply.
102.8 Requirements not covered by code. Requirements necessary for the strength, stability or
proper operation of an existing fixture, structure or equipment, or for the public safety, health and
general welfare, not specifically covered by this code, shall be determined by the code official.
SECTION 103
DEPARTMENT OF COMMUNITY IMPROVEMENT
103.1 General. The Department of Community Improvement is hereby created and the executive
official in charge thereof shall be known as the code official said official to operate under the authority
and direction of the City Manager.
103.2 Appointment. The code official shall be appointed by the City Manager.
103.3 Deputies. In accordance with the prescribed procedures of the City and with the concurrence
of the City Manager, the code official shall have the authority to appoint a deputy code official, other
related technical officers, inspectors and other employees.
SECTION 104
DUTIES AND POWERS OF THE CODE OFFICIAL
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104.1 General. The code official shall enforce the provisions of this code.
104.2 Rule-making authority. The City Manager shall have authority as necessary in the interest of
public health, safety and general welfare, to adopt and promulgate rules and procedures to
implement this Code. The code official shall have the authority to interpret and implement the
provisions of this code; to secure the intent thereof; and to designate requirements applicable
because of local climatic or other conditions. Such rules and interpretations shall not have the effect
of waiving structural or fire performance requirements specifically provided for in this code, or of
violating accepted engineering methods involving public safety.
104.3 Inspections. The code official shall make all of the required inspections, or shall accept reports
of inspection by approved agencies or individuals. All reports of such inspections shall be in writing
and be certified by a responsible officer of such approved agency or by the responsible individual.
The code official is authorized to engage such expert opinion as deemed necessary to report upon
unusual technical issues that arise, subject to the approval of the City Manager.
104.4 Right of entry. The code official is authorized to enter the structure or premises at reasonable
times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry
is refused or not obtained, the code official is authorized to seek the City Attorney to take actions to
pursue recourse as provided by law.
104.5 Identification. The code official shall carry proper identification when inspecting structures or
premises in the performance of duties under this code.
104.6 Notices and orders. The code official shall issue all necessary notices or orders to ensure
compliance with this code.
104.7 Department records. The code official shall keep official records of all business and activities
of the department specified in the provisions of this code. Such records shall be retained in the official
records as long as the building or structure to which such records relate remains in existence, unless
otherwise provided for by other regulations.
SECTION 105
APPROVAL
105.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions
of this code, the code official shall have the authority to grant modifications for individual cases,
provided the code official shall first find that special individual reason makes the strict letter of this
code impractical and the modification is in compliance with the intent and purpose of this code and
that such modification does not lessen health, life and fire safety requirements. The details of action
granting modifications shall be recorded and entered in the office of the City Clerk as a development
order.
105.2 Alternative materials, methods and equipment. The provisions of this code are not intended
to prevent the installation of any material or to prohibit any method of construction not specifically
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prescribed by this code, provided that any such alternative has been approved. An alternative
material or method of construction shall be approved where the code official finds that the proposed
design is satisfactory and complies with the intent of the provisions of this code, and that the material,
method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this
code in quality, strength, effectiveness, fire resistance, durability and safety. Such decisions shall be
recorded in the office of the City Clerk as development orders.
105.3 Required testing. Whenever there is insufficient evidence of compliance with the provisions of
this code, or evidence that a material or method does not conform to the requirements of this code, or
in order to substantiate claims for alternative materials or methods, the code official shall have the
authority to require tests to be made as evidence of compliance at no expense to the City.
105.3.1 Test methods. Test methods shall be as specified in this code or by other recognized test
standards. In the absence of recognized and accepted test methods, the code official shall be
permitted to approve appropriate testing procedures performed by an approved agency.
105.3.2 Test reports. Reports of tests shall be retained by the code official for the period required for
retention of public records.
105.4 Material and equipment reuse. Materials, equipment and devices shall not be reused unless
such elements are in good repair or have been reconditioned and tested when necessary, placed in
good and proper working condition and approved.
SECTION 106
UNSAFE STRUCTURES AND EQUIPMENT
106.1 General. When a structure or equipment is found by the code official to be unsafe, or when a
structure is found unfit for human occupancy, or in a dilapidated, unsanitary, or uninhabitable
condition, or is found unlawful, such structure shall be condemned pursuant to the provisions of the
City's codes and ordinances.
106.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life,
health, property or safety of the public or the occupants of the structure by not providing minimum
safeguards to protect or warn occupants in the event of fire, or because such structure contains
unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty
construction or unstable foundation, that partial or complete collapse is possible.
106.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator,
moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the
premises or within the structure which is in such disrepair or condition that such equipment is a
hazard to life, health, property or safety of the public or occupants of the premises or structure.
106.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever
the code official finds that such structure is unsafe, unlawful or, because of the degree to which the
structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and
contamination, or lacks ventilation, illumination,
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sanitary or heating facilities or other essential equipment required by this code, or because the
location of the structure constitutes a hazard to the occupants of the structure or to the public.
106.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by
more persons than permitted under this code, or was erected, altered or occupied contrary to law.
106.1.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code
official shall be vacated as ordered by the code official. It is prohibited and unlawful for any person to
occupy a placarded premises or to operate placarded equipment.
SECTION 107
EMERGENCY MEASURES
107.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure
or collapse of a building or structure which endangers life, or when any structure or part of a structure
has fallen and life is endangered by the occupation of the structure, or when there is actual or
potential danger to the building occupants or those in the proximity of any structure because of
explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or
operation of defective or dangerous equipment, the code official is hereby authorized and empowered
to order and require the occupants to vacate the premises forthwith. The code official shall cause to
be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe
and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to
enter such structure except for the purpose of securing the structure, making the required repairs,
removing the hazardous condition or of demolishing the same.
107.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the
opinion of the code official, there is imminent danger due to an unsafe condition, the code official
shall order the necessary work to be done, including the boarding up of openings, to render such
structure temporarily safe whether or not the legal procedure herein described has been instituted;
and shall cause such other action to be taken as the code official deems necessary to meet such
emergency.
107.3 Closing streets. When necessary for public safety, the code official shall temporarily close
structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways
and places adjacent to unsafe structures, and prohibit the same from being utilized.
107.4 Emergency repairs. For the purposes of this section, the code official shall employ the
necessary labor and materials to perform the required work as expeditiously as possible.
107.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be
paid by the owner of the property causing such costs to the City. Upon failure to pay the City, the
City shall record a municipal special assessment lien upon the property.
107.6 Hearing. Any person ordered to take emergency measures shall comply with such order
forthwith. Any affected person shall thereafter, upon petition directed to the City Manager and be
afforded a hearing consistent with controlling law.
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CHAPTER 2
DEFINITIONS
SECTION 201
GENERAL
201.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this
code, have the meanings shown in this chapter.
201.2 Interchangeability. Words stated in the present tense include the future; words stated in the
masculine gender include the feminine and neuter; the singular number includes the plural and the
plural, the singular.
201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in
the Florida Building Code or the City's codes and ordinances, such terms shall have the meanings
ascribed to them as stated in those codes when applicable.
201.4 Terms not defined. Where terms are not defined through the methods authorized by this
section, such terms shall have ordinarily accepted meanings such as the context implies.
201.5 Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house,"
"rooming unit" "housekeeping unit" or "story" are stated in this code, they shall be construed as
though they were followed by the words "or any part thereof."
SECTION 202
GENERAL DEFINITIONS
APPROVED. Approved by the code official.
BASEMENT. That portion of a building which is partly or completely below grade.
BATHROOM. A room containing plumbing fixtures including a bathtub or shower.
BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a
dwelling or sleeping unit.
CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or
any duly authorized representative.
CONDEMN. To adjudge unfit for occupancy.
[B) DWELLING UNIT. A single unit providing complete, independent living facilities for one or more
persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
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EASEMENT. That portion of land or property reserved for present or future use by a person or
agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for
use under, on or above a said lot or lots.
EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the
control of owners or operators of such premises.
EXTERMINATION. The control and elimination of insects, rats or other pests by eliminating their
harborage places; by removing or making inaccessible materials that serve as their food; by poison
spraying, fumigating, trapping or by any other approved pest elimination methods.
GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and
consumption of food.
GUARD. A building component or a system of building components located at or near the open sides
of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower
level.
HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet
rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and
intended to be used for living, sleeping, cooking and eating which does not contain, within such a
unit, a toilet, lavatory and bathtub or shower.
IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any
time.
INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin
or other pests.
INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon the public streets for
reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or
incapable of being moved under its own power.
LABELED. Devices, equipment, appliances, or materials to which has been affixed a label, seal,
symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or
other organization concerned with product evaluation that maintains periodic inspection of the
production of the above-labeled items and by whose label the manufacturer attests to compliance
with applicable nationally recognized standards.
LET FOR OCCUPANCY OR LET. To permit, provide or offer possession or occupancy of a dwelling,
dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner
of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a
recorded or unrecorded agreement of contract for the sale of land.
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OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a
building.
OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
OPERATOR. Any person who has charge, care or control of a structure or premises which is let or
offered for occupancy.
OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the
property; or recorded in the official records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the guardian of the estate of any such
person, and the executor or administrator of the estate of such person if ordered to take possession
of real property by a court.
PERSON. An individual, corporation, partnership or any other group acting as a unit.
PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon.
PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to
the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public
use.
ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for
compensation and not occupied as a one- or two-family dwelling.
ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to
be occupied for sleeping or living, but not for cooking purposes.
RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include
the residue from the burning of wood, coal, coke and other combustible materials, paper, rags,
cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals,
mineral matter, glass, crockery and dust and other similar materials.
SLEEPING UNIT. A room or space in which people sleep, which can also include permanent
provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and
spaces that are also part of a dwelling unit are not sleeping units.
STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not
required to prove criminal intent as a part of its case. It is enough to prove that the defendant either
did an act which was prohibited, or failed to do an act which the defendant was legally required to do.
STRUCTURE. That which is built or constructed or a portion thereof.
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TENANT. A person, corporation, partnership or group, whether or not the legal owner of record,
occupying a building or portion thereof as a unit.
TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower.
VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to,
or removing such air from, any space.
WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line,
undamaged and without marring adjacent work.
YARD. An open space on the same lot with a structure.
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CHAPTER 3
GENERAL REQUIREMENTS
SECTION 301
GENERAL
301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the
responsibilities of persons for maintenance of structures, equipment and exterior property.
301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property
in compliance with these requirements, except as otherwise provided for in this code. A person shall
not occupy as owner-occupant or permit another person to occupy premises which are not in a
sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants
of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary
and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which
they occupy and control.
301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall
be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a
blighting problem or adversely affect the public health or safety.
SECTION 302
EXTERIOR PROPERTY AREAS
302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary
condition. The occupant shall keep that part of the exterior property which such occupant occupies or
controls in a clean and sanitary condition. Nothing in this code shall be deemed to preclude action
being taken by the City under the provisions of Sections 38-143 through 38-150 of the City Code
relating to weeds, wild growth and debris remediation by the City.
302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of
soil and to prevent the accumulation of stagnant water thereon, or within any structure located
thereon, except for
approved retention areas and reservoirs.
302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and
similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
302.4 Weeds. All premises and exterior property shall be maintained free from weeds, noxious
weeds, or plant growth in excess of 12 inches in height.
302.5 Rodent harborage. All structures and exterior property shall be kept free from rodent
harborage and infestation. Where rodents are found, they shall be promptly exterminated by
approved processes which will not be injurious to human health. After extermination, proper
precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
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302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam,
vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or
adjacent public or private property or that of another tenant.
302.7 Accessory structures. All accessory structures, including detached garages, fences and
walls, shall be maintained structurally sound and in good repair.
302.8 Vehicles. Except as provided for in other regulations, no inoperative or unlicensed vehicle shall
be parked, kept or stored on any premises (including public property), and no vehicle shall at any
time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled.
Painting of vehicles is prohibited unless conducted inside an approved spray booth. Removal of junk
vehicles on public property shall be subject to the provisions of Section 38-177 of the City Code.
Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, on a
property owner's property if such work is performed inside a structure or similarly enclosed area
designed and approved for such purposes.
302.9 Defacement of property. It is prohibited and unlawful for a person to willfully or wantonly
damage, mutilate or deface any exterior surface of any structure or building on any private or public
property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner
to restore said surface to an approved state of maintenance and repair.
SECTION 303
SWIMMING POOLS, SPAS AND HOT TUBS
303.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and
in good repair.
303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches
(610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm)
in height above the finished ground level measured on the side of the barrier away from the pool.
Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching
device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall
be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such
that the gate will positively close and latch when released from an open position of 6 inches (152 mm)
from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner
that reduces its effectiveness as a safety barrier.
Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt
from the provisions of this section.
SECTION 304
EXTERIOR STRUCTURE
304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and
sanitary so as not to pose a threat to the public health, safety or welfare.
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304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and
window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good
condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the
elements and decay by painting or other protective covering or treatment. Peeling, flaking and
chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as
those between the building envelope and the perimeter of windows, doors, and skylights shall be
maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be
coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and
coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces.
Surfaces designed for stabilization by oxidation are exempt from this requirement.
304.3 Structural members. All structural members shall be maintained free from deterioration, and
shall be capable of safely supporting the imposed dead and live loads.
304.4 Foundation walls. All foundation walls shall be maintained plumb and free from open cracks
and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
304.5 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting
materials; and maintained weatherproof and properly surface coated where required to prevent
deterioration.
304.6 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that
admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or
interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good
repair and free from obstructions. Roof water shall not be discharged in a manner that creates a
public nuisance.
304.7 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and
similar decorative features shall be maintained in good repair with proper anchorage and in a safe
condition.
304.8 Overhang extensions. All overhang extensions including, but not limited to canopies,
marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in
good repair and be properly anchored so as to be kept in a sound condition. When required, all
exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by
periodic application of weather-coating materials, such as paint or similar surface treatment.
304.9 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony,
and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with
proper anchorage and capable of supporting the imposed loads.
304.10 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar
appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed
surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic
application of weather-coating materials, such as paint or similar surface treatment.
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304.11 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of
supporting normally imposed loads and shall be maintained in good condition.
304.12 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in
sound condition, good repair and weather tight.
304.12.1 Glazing. All glazing materials shall be maintained free from cracks and holes.
304.12.2 Openable windows. Every window, other than a fixed window, shall be easily openable
and capable of being held in position by window hardware.
304.13 Insect screens. Every door, window and other outside opening required for ventilation of
habitable rooms, food preparation areas, food service areas or any areas where products to be
included or utilized in food for human consumption are processed, manufactured, packaged or stored
shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per
25 mm), and every screen door used for insect control shall have a self-closing device in good
working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect
repellent fans, are employed.
304.14 Doors. All exterior doors, door assemblies and hardware shall be maintained in good
condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door.
304.15 Basement hatchways. Every basement hatchway shall be maintained to prevent the
entrance of rodents, rain and surface drainage water.
304.16 Guards for basement windows. Every basement window that is openable shall be supplied
with rodent shields, storm windows or other approved protection against the entry of rodents.
304.17 Building security. Doors, windows or hatchways for dwelling units, room units or
housekeeping units shall be provided with devices designed to provide security for the occupants and
property within.
304.17.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is
rented, leased or
let shall be equipped with a deadbolt lock designed to be readily open able from the side from which
egress is to be made without the need for keys, special knowledge or effort and shall have a lock
throw of not less than 1 inch (25 mm). Such deadbolt locks shall be installed according to the man-
ufacturer's specifications and maintained in good working order. For the purpose of this section, a
sliding bolt shall not be considered an acceptable dead bolt lock.
304.17.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above
ground level or a walking surface below that provide access to a dwelling unit, rooming unit or
housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device.
304.17.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit,
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rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that
secure the units from unauthorized entry.
SECTION 305
INTERIOR STRUCTURE
305.1 General. The interior of a structure and equipment therein shall be maintained in good repair,
structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which
they occupy or control in a clean and sanitary condition. Every owner of a structure containing a
rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more
nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public
areas of the structure and exterior property.
305.2 Structural members. All structural members shall be maintained structurally sound, and be
capable of supporting the imposed loads.
305.3 Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in
good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired,
removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions
shall be corrected.
305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking
surface shall be maintained in sound condition and good repair.
305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of
supporting normally imposed loads and shall be maintained in good condition.
305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be
capable of being opened and closed by being properly and securely attached to jambs, headers or
tracks as intended by the manufacturer of the attachment hardware.
SECTION 306
HANDRAILS AND GUARDRAILS
306.1 General. Every exterior and interior flight of stairs having more than four risers shall have a
handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp
or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall
have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1067
mm) high measured vertically above the nosing of the tread or above the finished floor of the landing
or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor of the
landing, balcony, porch, deck, or ramp or other walking surface.
Exception: Guards shall not be required where exempted by the Florida Building Code.
SECTION 307
RUBBISH AND GARBAGE
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307.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of
every structure, shall be free from any accumulation of debris, rubbish, junk, trash, cans, paper, tires,
furniture, building material or appliances.
307.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and
sanitary manner by placing such rubbish in approved containers.
307.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved
covered containers for rubbish, and the owner of the premises shall be responsible for the removal of
rubbish.
307.2.2 Refrigerators. Refrigerators and similar equipment not in operation shall not be discarded,
abandoned or stored on premises without first removing the doors.
307.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and
sanitary manner by placing such garbage in an approved garbage disposal facility or approved
garbage containers.
307.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an
approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the
structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside
garbage container.
307.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all
times cause to be utilized, approved leakproof containers provided with close-fitting covers for the
storage of such materials until removed from the premises for disposal.
SECTION 308
EXTERMINATION
308.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in
which insects or rodents are found shall be promptly exterminated by approved processes that will
not be injurious to human health. After extermination, proper precautions shall be taken to prevent
reinfestation.
308.2 Owner. The owner of any structure shall be responsible for extermination within the structure.
CHAPTER 4
LIGHT. VENTILATION AND OCCUPANCY LIMITATIONS
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SECTION 401
GENERAL
401.1 Scope. The provisions of this chapter shall govern the minimum conditions and
standards for light, ventilation and space for occupying a structure.
401.2 Responsibility. The owner of the structure shall provide and maintain light,
ventilation and space conditions in compliance with these requirements. A person shall
not occupy as owner-occupant, or permit another person to occupy, any premises that
do not comply with the requirements of this chapter.
401.3 Alternative devices. In lieu of the means for natural light and ventilation herein
prescribed, artificial light or mechanical ventilation complying with the Florida Building
Code shall be permitted.
SECTION 402
LIGHT
402.1 Habitable spaces. Every habitable space shall have at least one window of
approved size facing directly to the outdoors or to a court. The minimum total glazed
area for every habitable space shall be 8 percent of the floor area of such room.
Wherever walls or other portions of a structure face a window of any room and such
obstructions are located less than 3 feet (914 mm) from the window and extend to a
level above that of the ceiling of the room, such window shall not be deemed to face
directly to the outdoors nor to a court and shall not be included as contributing to the
required minimum total window area for the room.
Exception: Where natural light for rooms or spaces without exterior glazing areas is
provided through an adjoining room, the unobstructed opening to the adjoining room
shall be at least 8 percent of the floor area of the interior room or space, but not less
than 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor
area being served.
402.2 Common halls and stairways. Every common hall and stairway in residential
occupancies, other than in one-and two-family dwellings, shall be lighted at all times
with at least a 60watt standard incandescent light bulb for each 200 square feet (19 m2)
of floor area or equivalent illumination, provided that the spacing between lights shall
not be greater than 30 feet (9144 mm). In other than residential occupancies, means of
egress, including exterior means of egress, stairways shall be illuminated at all times
the building space served by the means of egress is occupied with a minimum of 1
footcandle (11 lux) at floors, landings and treads.
402.3 Other spaces. All other spaces shall be provided with natural or artificial light
sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of
the space and utilization of the appliances, equipment and fixtures.
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SECTION 403
VENTILATION
403.1 Habitable spaces. Every habitable space shall have at least one openable
window. The total openable area of the window in every room shall be equal to at least
45 percent of the minimum glazed area required in Section 402.1.
Exception: Where rooms and spaces without openings to the outdoors are ventilated
through an adjoining room, the unobstructed opening to the adjoining room shall be at
least 8 percent of the floor area of the interior room or space, but not less than 25
square feet (2.33 m2). The ventilation openings to the outdoors shall be based on a
total floor area being ventilated.
403.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with
the ventilation requirements for habitable spaces as required by Section 403.1, except
that a window shall not be required in such spaces equipped with a mechanical
ventilation system. Air exhausted by a mechanical ventilation system from a bathroom
or toilet room shall discharge to the outdoors and shall not be recirculated.
403.3 Cooking facilities. Unless approved through the certificate of occupancy,
cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking
facility or appliance shall not be permitted to be present in the rooming unit or dormitory
unit.
Exceptions:
1. Where specifically approved in writing by the code official.
2. Devices such as coffee pots and microwave ovens shall not be considered cooking
appliances.
403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases,
dusts or mists are generated, a local exhaust ventilation system shall be provided to
remove the contaminating agent at the source. Air shall be exhausted to the exterior
and not be recirculated to any space.
403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of
all other systems and shall be exhausted in accordance with the manufacturer's
instructions.
SECTION 404
OCCUPANCY LIMITATIONS
404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and
dormitory units shall be arranged to provide privacy and be separate from other
adjoining spaces.
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404.2 Minimum room widths. A habitable room, other than a kitchen, shall not be less
than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a clear passageway
of not less than 3 feet (914 mm) between counterfronts and appliances or counterfronts
and walls.
404.3 Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas,
bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height
of not less than 7 feet (2134 mm).
Exceptions:
1. In one-and two-family dwellings, beams or girders spaced not less than 4 feet (1219
mm) on center and projecting not more than 6 inches (152 mm) below the required
ceiling height.
2. Basement rooms in one-and two-family dwellings occupied exclusively for laundry,
study or recreation purposes, having a ceiling height of not less than 6 feet 8 inches
(2033 mm) with not less than 6 feet 4 inches (1932 mm) of clear height under beams,
girders, ducts and similar obstructions.
3. Rooms occupied exclusively for sleeping, study or similar purposes and having a
sloped ceiling over all or part of the room, with a clear ceiling height of at least 7 feet
(2134 mm) over not less than one-third of the required minimum floor area. In
calculating the floor area of such rooms, only those portions of the floor area with a
clear ceiling height of 5 feet (1524 mm) or more shall be included.
404.4 Bedroom and living room requirements. Every bedroom and living room shall
comply with the requirements of Sections 404.4.1 through 404.4.5.
404.4.1 Room area. Every living room shall contain at least 120 square feet (11.2 m2)
and every bedroom shall contain at least 70 square feet (6.5 m2).
404.4.2 Access from bedrooms. Bedrooms shall not constitute the only means of
access to other bedrooms or habitable spaces and shall not serve as the only means of
egress from other habitable spaces.
Exception: Units that contain fewer than two bedrooms.
404.4.3 Water closet accessibility. Every bedroom shall have access to at least one
water closet and one lavatory without passing through another bedroom. Every
bedroom in a dwelling unit shall have access to at least one water closet and lavatory
located in the same story as the bedroom or an adjacent story.
404.4.4 Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used
for sleeping purposes.
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404.4.5 Other requirements. Bedrooms shall comply with the applicable provisions of
this code including, but not limited to, the light, ventilation, room area, ceiling height and
room width requirements of this chapter; the plumbing facilities and water-heating
facilities requirements of Chapter 5; the heating facilities and electrical receptacle
requirements of Chapter 6.
404.5 Overcrowding. The number of persons occupying a dwelling unit shall not create
conditions that the code official finds and determines, based upon generally accepted
practices and principles, endanger the life, health, safety or welfare of the occupants.
404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from
meeting the following requirements:
1. A unit occupied by not more than two occupants shall have a clear floor area of not
less than 220 square feet
(20.4 m2). A unit occupied by three occupants shall have a clear floor area of not less
than 320 square feet (29.7 m2). These required areas shall be exclusive of the areas
required by Items 2 and 3.
2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration
facilities, each having a clear working space of not less than 30 inches (762 mm) in
front. Light and ventilation conforming to this code shall be provided.
3. The unit shall be provided with a separate bathroom containing a water closet,
lavatory and bathtub or shower.
4. The maximum number of occupants shall be three.
404.7 Food preparation. All spaces to be occupied for food preparation purposes shall
contain suitable space and equipment to store, prepare and serve foods in a sanitary
manner. There shall be adequate facilities and services for the sanitary disposal of food
wastes and refuse, including facilities for temporary storage.
CHAPTER 5
PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
SECTION 501
GENERAL
501.1 Scope. The provIsions of this chapter shall govern the minimum plumbing
systems, facilities and plumbing fixtures to be provided.
501.2 Responsibility. The owner of the structure shall provide and maintain such
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plumbing facilities and plumbing fixtures in compliance with these requirements. A
person shall not occupy as owner-occupant or permit another person to occupy any
structure or premises which does not comply with the requirements of this chapter.
SECTION 502
REQUIRED FACILITIES
502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower,
lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe
working condition. The lavatory shall be placed in the same room as the water closet or
located in close proximity to the door leading directly into the room in which such water
closet is located. A kitchen sink shall not be used as a substitute for the required
lavatory.
502.2 Rooming houses. At least one water closet, lavatory and bathtub or shower shall
be supplied for each four rooming units.
502.3 Hotels. Where private water closets, lavatories and baths are not provided, one
water closet, one lavatory and one bathtub or shower having access from a public
hallway shall be provided for each ten occupants.
502.4 Employees' facilities. A minimum of one water closet, one lavatory and one
drinking facility shall be available to employees.
502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler,
bottled water cooler or disposable cups next to a sink or water dispenser. Drinking
facilities shall not be located in toilet rooms or bathrooms.
SECTION 503
TOILET ROOMS
503.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not
constitute the only passageway to a hall or other space, or to the exterior. A door and
interior locking device shall be provided for all common or shared bathrooms and toilet
rooms in a multiple dwelling.
503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or
dormitory units or housekeeping units, shall have access by traversing not more than
one flight of stairs and shall have access from a common hall or passageway.
503.3 Location of employee toilet facilities. Toilet facilities shall have access from
within the employees' working area. The required toilet facilities shall be located not
more than one story above or below the employees' working area and the path of travel
to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities
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shall either be separate facilities or combined employee and public facilities.
Exception: Facilities that are required for employees in storage structures or kiosks,
which are located in adjacent structures under the same ownership, lease or control,
shall not exceed a travel distance of 500 feet (152 m) from the employees' regular
working area to the facilities.
503.4 Floor surface. In other than dwelling units, every toilet room floor shall be
maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily
kept in a clean and sanitary condition.
SECTION 504
PLUMBING SYSTEMS AND FIXTURES
504.1 General. All plumbing fixtures shall be properly installed and maintained in
working order, and shall be kept free from obstructions, leaks and defects and be
capable of performing the function for which such plumbing fixtures are designed. All
plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
504.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for usage
and cleaning.
504.3 Plumbing system hazards. Where it is found that a plumbing system in a
structure constitutes a hazard to the occupants or the structure by reason of inadequate
service, inadequate venting, cross connection, backsiphonage, improper installation,
deterioration or damage or for similar reasons, the code official shall require the defects
to be corrected to eliminate the hazard.
SECTION 505
WATER SYSTEM
505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet
or other plumbing fixture shall be properly connected to either a public water system or
to an approved private water system. All kitchen sinks, lavatories, laundry facilities,
bathtubs and showers shall be supplied with hot or tempered and cold running water.
505.2 Contamination. The water supply shall be maintained free from contamination,
and all water inlets for plumbing fixtures shall be located above the flood-level rim of the
fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to
which hoses are attached and left in place, shall be protected by an approved
atmospheric-type vacuum breaker or an approved permanently attached hose con-
nection vacuum breaker.
505.3 Supply. The water supply system shall be installed and maintained to provide a
supply of water to plumbing fixtures, devices and appurtenances in sufficient volume
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and at pressures adequate to enable the fixtures to function properly, safely, and free
from defects and leaks.
505.4 Water heating facilities. Water heating facilities shall be properly installed,
maintained and capable of providing an adequate amount of water to be drawn at every
required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less
than 1100F (430C). A gas-burning water heater shall not be located in any bathroom,
toilet room, bedroom or other occupied room normally kept closed, unless adequate
combustion air is provided. An approved combination temperature and pressure-relief
valve and relief valve discharge pipe shall be properly installed and maintained on water
heaters.
SECTION 506
SANITARY DRAINAGE SYSTEM
506.1 General. All plumbing fixtures shall be properly connected to either a public
sewer system or to an approved private sewage disposal system.
506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function
properly and be kept free from obstructions, leaks and defects.
SECTION 507
STORM DRAINAGE
507.1 General. Drainage of roofs and paved areas, yards and courts, and other open
areas on the premises shall not be discharged in a manner that creates a public
nUisance.
CHAPTER 6
MECHANICAL AND ELECTRICAL REQUIREMENTS
SECTION 601
GENERAL
601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and
electrical facilities and equipment to be provided.
601.2 Responsibility. The owner of the structure shall provide and maintain
mechanical and electrical facilities and equipment in compliance with these
requirements. A person shall not occupy as owner-occupant or permit another person to
occupy any premises which does not comply with the requirements of this chapter.
SECTION 602
HEATING FACILITIES
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602.1 Facilities required. Heating facilities shall be provided in structures as required
by this section.
602.2 Residential occupancies. Dwellings shall be provided with heating facilities
capable of maintaining a room temperature of 680F (200C) in all habitable rooms,
bathrooms and toilet rooms based on the winter outdoor design temperature for the
locality indicated in Appendix D of the Florida Building Code. Cooking appliances shall
not be used to provide space heating to meet the requirements of this section.
Exception: In areas where the average monthly temperature is above 300F (-10C), a
minimum temperature of 650F (180C) shall be maintained.
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets
one or more dwelling units or sleeping units on terms, either expressed or implied, to
furnish heat to the occupants thereof shall supply heat during the period to maintain a
temperature of not less than 680F (200C) in all habitable rooms, bathrooms, and toilet
rooms.
Exceptions:
1. When the outdoor temperature is below the winter outdoor design temperature for the
locality, maintenance of the minimum room temperature shall not be required provided
that the heating system is operating at its full design capacity. The winter outdoor
design temperature for the locality shall be as indicated in Florida Building Code.
2. In areas where the average monthly temperature is above 300F (-10C) a minimum
temperature of 650F (180C) shall be maintained.
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with
heat during the period to maintain a temperature of not less than 650F (180C) during the
period the spaces are occupied.
Exceptions:
1. Processing, storage and operation areas that require cooling or special temperature
conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
602.5 Room temperature measurement. The required room temperatures shall be
measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610
mm) inward from the center of each exterior wall.
SECTION 603
MECHANICAL EQUIPMENT
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603.1 Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning
appliances, cooking appliances and water heating appliances shall be properly installed
and maintained in a safe working condition, and shall be capable of performing the
intended function.
603.2 Removal of combustion products. All fuel-burning equipment and appliances shall
be connected to an approved chimney or vent.
Exception: Fuel-burning equipment and appliances which are labeled for unvented
operation.
603.3 Clearances. All required clearances to combustible materials shall be maintained.
603.4 Safety controls. All safety controls for fuel-burning equipment shall be maintained
in effective operation.
603.5 Combustion air. A supply of air for complete combustion of the fuel and for
ventilation of the space containing the fuel-burning equipment shall be provided for the
fuel-burning equipment.
603.6 Energy conservation devices. Devices intended to reduce fuel consumption by
attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent
outlet or vent piping therefrom, shall not be installed unless labeled for such purpose
and the installation is specifically approved.
SECTION 604
ELECTRICAL FACILITIES
604.1 Facilities required. Every occupied building shall be provided with an electrical
system in compliance with the requirements of this section and Section 605.
604.2 Service. The size and usage of appliances and equipment shall serve as a basis
for determining the need for additional facilities in accordance with the Florida Building
Code, Electrical. Dwelling units shall be served by a three-wire, 120/240 volt, single
phase electrical service having a rating of not less than 60 amperes.
604.3 Electrical system hazards. Where it is found that the electrical system in a
structure constitutes a hazard to the occupants or the structure by reason of inadequate
service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or
installation, deterioration or damage, or for similar reasons, the code official shall
require the defects to be corrected to eliminate the hazard.
SECTION 605
ELECTRICAL EQUIPMENT
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605.1 Installation. All electrical equipment, wiring and appliances shall be properly
installed and maintained in a safe and approved manner.
605.2 Receptacles. Every habitable space in a dwelling shall contain at least two
separate and remote receptacle outlets. Every laundry area shall contain at least one
grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every
bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet
shall have ground fault circuit interrupter protection.
605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom,
laundry room, boiler room and furnace room shall contain at least one electric luminaire.
SECTION 606
ELEVATORS, ESCALATORS AND DUMBWAITERS
606.1 General. Elevators, dumbwaiters and escalators shall be maintained in
compliance with ASME A 17.1. The most current certification of inspection shall be on
display at all times
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within the elevator or attached to the escalator or dumbwaiter, or the certificate shall be
available for public inspection in the office of the building operator. The inspection and
tests shall be performed at not less than the periodical intervals listed in ASME A 17.1,
Appendix N, except where otherwise specified by the authority having jurisdiction.
606.2 Elevators. In buildings equipped with passenger elevators, at least one elevator
shall be maintained in operation at all times when the building is occupied.
Exception: Buildings equipped with only one elevator shall be permitted to have the
elevator temporarily out of service for testing or servicing.
SECTION 607
DUCT SYSTEMS
607.1 General. Duct systems shall be maintained free of obstructions and shall be
capable of performing the required function.
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