3694 ORDINANCE NO. 3694
AN ORDINANCE OF THE CITY OF SANFORD,
FLORIDA RELATING TO BUILDINGS; AMENDING
CHAPTER 6 TO INCORPORATE THE FLORIDA
BUILDING CODE AND CERTAIN ADMINISTRATIVE
AMENDMENTS AS PART OFTHE CITY OF SANFORD
CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS, PROVIDING FOR
CODIFICATION AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Building Code Act of 1998 directed the Flodda Building
Commission to establish a statewide uniform building code known as the Florida
Building Code; and
WHEREAS, the Florida Building Code will be in effect throughout the State of
Florida on March 1, 2002; and
WHEREAS, the enforcement of the Florida Building Code is the responsibility of
local governments; and
WHEREAS, the City of Sanford actively participates in the enforcement of
building construction regulation for the benefit of the public safety of its citizens; and
WHEREAS, the City of Sanford desires to facilitate the enforcement of the
Florida Building Code by enacting administrative and technical amendments which meet
the needs of its citizens,
NOW, THEREFORE, BE IT ENACTED by the people of the City of Sanford, Florida
as follows:
SECTION 1: Chapter 6 of the Sanford City Code, Buildings, Sec. 6-1 entitled "Adoption
of the Standard Building Code", is hereby deleted in its entirety and a new Sec. 6-1 is
adopted as follows:
Sec. 6-1. Adoption of Florida Building Code.
Adoption of Florida Building Code. The Florida Building Code prepared by
the Florida Building Commission, is hereby adopted by the City as the City
of Sanford Building Codes and includes Florida Accessibility Code, Florida
Energy Code, Building, Plumbing, Electrical, and Mechanical Codes, Gas
Code, and Swimming Pool Code. The construction of signs are included
in the Building Section of the Florida Building Code.
SECTION 2: Chapter 6 of the Sanford City Code, Buildings, Sec. 6-1.1. entitled
"Building Code Amended", is hereby deleted in its entirety and the new Sec. 6-1.1 is
adopted as follows:
Sec. 6-1.1. Florida Building Code Amended.
Ordinance No.3694
Chapter 1 of the Florida Building Code entitled "Administration", is amended as follows:
101.3.3 Permitting and inspection. The inspection or permitting of any building, system or plan by the
jurisdiction under the requirements of this code shall not be construed in any court as a warranty of the
physical condition of such building, system or plan or their adequacy. Neither the City nor any employee
thereof shall be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in
such building, system or plan, nor for any failure of any component of such, which may occur subsequent
to such inspection or permitting, unless the employee of the City is found to have acted in bad faith or
with malicious purpose in a manner exhibiting wanton and willful disregard of the safety, health and
welfare of the public.
101.4.2.3.2 Unsafe Buildings shall be abated using the Standard Unsafe Building Abatement Code, 1985
edition, promulgated by the Southern Building Code Congress International, Inc., subject to all
amendments, modifications or deletions hereinafter contained.
101.4.13 Rules of Construction The rules sat out in this section shall be observed, unless such
construction is inconsistent with the manifest intent of this chapter. The rules of construction and
definitions set out here shall not be applied to any section of this chapter which contains any express
provisions excluding such construction, or where the subject matter or content of such section would be
inconsistent with this section.
101.4.13.1 Generally. All provisions, terms, phrases and expressions shall be liberally construed in order
that the true intent and meaning of the administration of the judsdiction may be fully carried out. Terms
used, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of this
state for the same terms.
101.4.13.2 Text. In case of any difference of meaning or implication between the text of this division and
any figure, the text shall control.
101.4.13.3 Delegation of authority. Whenever a provision appears requiring the buildin9 official or some
other officer or employee to do some act or perform some duty, it is to be construed to authorize the
building official or other off~:er to designate, delegate and authorize professional level subordinates to
perform the required act or duty unless the terms of the provision or section specify otherwise.
101.4.13.4 Month. The word "month" shall mean a calendar month.
101.4.13.5 Shall, may. The word "shall" is mandatory; "may" is permissive. The word "shall" takes
precedence over "may."
101.4.13.6 Written or in writing. The term "written" or "in writing" shall be construed to include any
representation of words, letters or figures whether by printing or otherwise.
101.4.13.7 Year. The word "year" shall mean a calendar year, unless a fiscal year is indicated.
101.4.13.8 Interpretation. Interpretations of this chapter shall be made by the building official.
101.4.t4 Words not defined.
101.4.14.1 Words not defined herein shall have the meaning-stated in the Florida Statutes or other
nationally recognized codes, or other documents, manuals or standards adopted elsawhera in this
chapter. Words not defined in those documents shall have the meaning stated in the Webster's Ninth
New Collegiate Dictionary, as revised.
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Ordinance No.3694
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Demolition. The act of razing, dismantling or removal of a building or structure, or portion thereof, to the
ground level.
Examination. An exam prepared, proctored and graded by a recognized testing agency unless otherwise
implied in context or specifically stated otherwise.
FCILB. The Flodda Construction Industry Licensing Board.
Imminent Danger. Structurally unsound conditions of a structure or portion thereof that is likely to cause
physicel 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 designee to perform an inspection of a
particular proper~ 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 commemial building for the first occupancy thereof.
Licensed contractor. A contractor certified by the State of Flodda or the 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.
Owners agent. A person, firm or entity authorized in writing by the owner to act for or in place of the
owner.
PeruTit. An official document authorizing performance of a specific activity regulated by this chapter,
Permit card orplacard. 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 is associated; who has the responsibility
to supervise, direct, manage and control construction activities on a job for which he has obtained a
permit; and whose technicel and personal qualifications have been determined by investigation and
examination and is evidenced by his 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 has obtained a permit, and whose technical and personal qualifications
have been determined by investigation and examination and is evidenced by his possession of a
certificate of competency.
Reciprocity. To accept a ved~ed affidavit from any municipality or county of the State of Florida 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 professional regulation of
the State of Florida pursuant to fulfilling the competency requirements of the local judediction.
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 municipality.
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Ordinance NO.3694
Remodeling. Work which changes the odginal 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 covedngs.
Spa. Any constructed or prefabdcated pool containing water jets.
Specialty contractor. A contractor whose services do not fall within the categories specified in Section
489.105(3), Flodda Statutes, as amended.
Start of construction:
Site: The physical cleadng of the site in preparation for foundation work including, but not limited to, site
+clearing, excavation, de-watering, pilings and soil testing activities.
Building: The removal, disassembly, repair, replacement, installation or assembly of the building,
structure, building system or building components in whole or parts thereof.
Stop work order. An order by the building official, or his designee, which requires the immediate cessation
of all work and work activities described in the order.
Structural componenL Any part of a system, building or structure, load beadng or non-load bearing, 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 completk~n. 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 t02
BUILDING DEPARTMENT
102.1 Establishment. There is hereby established a department to be called the Building Department
and the person in charge shall be known as the Building Official.
102.2 Employee qualifications
102.2.t Building Official Qualifications. The Building Official shall be licensed as a Building Code
Administrator by the State of Florida. The Building Official shall be appointed or hired by the applicable
governing authority and shall not be removed from office except for cause after full opportunity has been
given to be heard on specific charges before such applicable governing authority.
102.2.3 Employee Qualifications. The Building Official, with the approval of the applicable 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 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 apprepdate trade as established by the State of Flodda.
102.3 Restrictions on employees. An offcar 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
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Ordinance No.3694
110.2 Membership and terms
1 t 0.2.1 Membership. The Construction Board of Adjustment and Appeals should be composed of two
(2) division I contractors, one(l) electrical contractor, one (1) mechanical contractor, one(l) plumbing
contractor, (1) amhitect, (1) engineer and two(2) members of the general public whenever possible. A
board member shall not act in a case in Which he has a personal or financial interest,
110.2.2 Terms. The terms of office of the board members shall be staggered so no more than 1/3 of the
board is appointed or replaced in any 12 month period. Vacancies shall be filled for an un-expired 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 applicable governing body, render any
such member subject to immediate removal from office
110.2.3 Quorum and voting. A simple majodty of the board shall constitute a quorum. In varying any
provision of this code, the affirmative votes of the majodty present, but not less than three affirmative
votes, shall be required. In modi~ing a decision of the building official, not less than four affirmative votes,
but not less than a majodty of the board, shall be required.
'110.2.4 Secretary of board. A person shall be appointed by the 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 Powers. The Construction Board of Adjustments and Appeals shall have the power, further
defined in 110.4, to hear appeals of decisions and interpretations of the building official and consider
variances of the technical codes.
1t0.4 Appeals
110.4.1 Decision of the building official. The owner of a building, structure or service system, or his
duly authorized agent, may appeal a decision of the building official to the Construction Board of
Adjustment and Appeals whenever any one of the following conditions are claimed to exist:
1. The building official rejected or refused to approve the mode or manner of construction
proposed to be followed or materials to be used in the installation or alteration of a building,
structure or service system.
2. The provisions of this code do not apply to this specific case.
3. That an equally good or more desirable form of installation can be employed in any specific
case.
4. The true intent and meaning of this code or any of the regulations thereunder have been
misconstrued or incorrectly interpreted.
'110.4.2 Variances. The Construction Board of Adjustments and Appeals, when so appealed to and after
a hearing, may vary the application of any provision of this code to any particular case when, in its
opinion, the enforcement thereof would do manifest injustice and would be contrary to the spidt and
purpose of this or the technical cedes or public interest, and also finds all of the following:
1. That special conditions and circumstances exist which are peculiar to the building, structure or
service system involved and which are not applicable to others.
2. That the special conditions and cimumstances do not result from the action or inaction of the
applicant.
3. That granting the vadance requested will not confer on the applicant any special pdvilege that
is denied by this code to other buildings, structures or service system.
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Ordinance No,3694
ATTEST: Mayor/c~2/~
·
" ~ ~~f the
City of Sanford, Florida
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Banford, Florida, do hereby certify
~ ,2002, was posted at the front door of the City Hall in the City of
a, on the f .se day of ~,_- , A.D. 2002.
City of Sanford, Florida
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Ordinance No.3694