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Ord 05-03
ORDINANCE NO. 5-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVFJ.OPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 7, "BUII.DING REGULATIONS", SECTION 7.1.3, "BUILDING CODE" AND SECTION 7.1.7, "SEAWAI.I$"; ARTICLE 7.2, "ELECTRICAL CODE", SECTION 7.2.1, "GENERAL PROVISIONS", SECTION 7.2.2, "PERMITS AND INSPECTIONS", AND SECTION 7.2.3, 'q~ECHNICAL REQUIREMENTS"; ARTICLE 7.3, "GAS CODE", SECTION 7.3.1, "ADOPTION BY REFERENCE"; ARTICLE 7.5, "MECHANICAL CODE"; ARTICLE 7.6, "PLUMBING CODE"; CHAPTER 2, "ADMINISTRATIVE PROVISIONS", SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS AND APPROVALS", SUBSECTION 2.4.6(B), "BUILDING PERMITS" AND SUBSECTION 2.4.6(C), "CERTIFICATE OF OCCUPANCY"; CHAPTER 4, "ZONING REGULATIONS", SECTION 4.5.4 "COASTAL CONSTRUCTION", SUBSECTION 4.5.4(C) "DEVELOPMENT REGULATIONS", TO PROVIDE FOR THE ADOPTION OF THE 2001 FLORIDA BUILDING CODE AND AMENDMENTS TO THE 2001 FLORIDA BUILDING CODE ADOPTED BY PAI.M BEACH COUNTY, TO ELIMINATE DUPLICATIONS, TO RENUMBER AND REORGANIZE AS APPROPRIATE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public heating held on March 17, 2003 and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOIJ.OWS: Section 1. That Chapter 7, "Building Regulations", Article 7.1, "Building Regulations", Section 7.1.3, "Building Code", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 7.1.3 Building Code: o e e fence ................. ~,~ ~.~ ..... ~ G C, .... ~ ~e 2001Flofi~ B~e Code. as amended, and ~e ~en~ents to ~e 2001 Florida Code as adopted by Pa~ Beach Coun~ ar~ hereby adopted and ~co~orated ~ as if ~ended M Section 7.1.2~) offs A~cle. ~s A~cle ~so adopts ........... ~ :-~'-~-a ~e ~oo~ .... 1999 W~dbome Deb~s ~pact S~nd~d (SS~ 12~. If a ~ter e~fion of ~s code or subsequent ~en~ents ~e made to ~e apphcable ~m code, ~en ~ose tensions or ~en~en~ sh~ automafic~y become ~e adopted code ~d~ ~s chapter. (1) Appeals concerning interpretation or administration of the provisions of this chapter shall be heard by the Board of Construction Appeals. (~B_B_) Amendments and Additions to Code. The following amendments and additions are made to the 2001 Florida Building Code adopted by this subchapter: 2 ORD. NO. 5-03 (/31_) Unity of Title Declaration: When it is found necessary in order to obtain a building site plan of sufficient size and dimension to meet the minimum applicable yard requirements, setback distances or lot area that separate lots, plots, parcels or portions thereof, must be combined, added or joined together the applicant for such building permit shall first place on file or record as a public document in the official records in the office of the Clerk of the Circuit Court of Palm Beach County, an instrument hereinafter referred to as a Unity of Title Declaration. Such Unity of Title Declaration shall be in a form and content sufficient to unequivocally state that the aforesaid combination of separate lots, plots, parcels, or portions thereof shall be regarded as unified under one tide as an indivisible building site. Where a Unity of Tide has been recorded and the owner abandons the project before utilizing the Unity of Tide, the Chief Building Official is authorized to release the Unity of Tide. (g2_) Survey: Before shb inspection or prior to framing, the Building Depatunent shall be supplied two cc~cd skctc?.ca surveys or engineering plans certified by a Florida registered engineer or surveyor, showing setback distances from each property line to the stem walls or sills of the building or structure under construction. The Building Department shall also be furnish written certification from a Florida registered engineer or land surveyor, stating that the top of the floor slab is above the one hundred-year flood plain and a minimum of 18 inches above the crown of the road or measured to the bottom of the wood joists will be a minimum of 18 inches above the crown of the road. Should the property owner desire to set the floor elevation at less than 18 inches above the crown of the road, but above the one hundred-year storm or National Flood Insurance minimum elevations, then a variance may be granted by the City Engineer or A~: ..... r-:._, x2_~ .... desienee ff the applicant provides an accer>table Justification letter .......... j ....... ~ ~..~ ................... s .~..~...~c, from an en ee firm ce the drainage conditions have been investigated, and the proposed floor elevation is above the flooding level. To determine whether the proposed floor elevation is above the flooding level, it must be shown that the structure has adequate drainage to ensure that flooding will not occur in a one hundred-year storm. No wall, however, shall be constructed which would exceed by over one foot the elevation of the floor slab before the stem wall survey has been submitted to the Building Depa~anent. (Ga_.) Any violations existing at this stage of construction must be corrected before the construction may proceed and before other inspections are made. 3 ORD. NO. 5-03 3~ A ----11---~ .... Handicapped Accessibility m-~__:.3_ a ..... :L:I.'~... CGJ~O The requirements of this section shall apply to all levels and areas of buildings and structures except as 4 ORD. NO. 5-03 modified by the Florida Accessibility Code for Building Construction as amended, aaa-. A .....:U:I:.. r-ah Fair Housine Act for a..-1 ......c ..... o o_~:a__.'._, Refer to the Flo~da ........... ~ application in the case of o..gL- .... j .... ..., ,~,v.~o multiple family residenfal units consistine of condominium or rental urdts. Cooling Towers: (Aa_) Cooling towers in excess of 250 square feet in base area or in excess of 15 feet in height, when located on buildings more than 50 feet in height in or out of the fire district, shall be noncombustible construction; except that drip boards may be of wood not less than one inch nominal thickness and the enclosing framework may be of wood, if covered on the exterior of the tower with noncombustible material. Cooling towers shall not exceed one-third of the supporting roof area. (t~b_) Positive provisions shall be made for adequate disposal of bleed water overflow and maintenance draining or properly designed drywells. All cooling towers shall be sited or constructed to prevent any nuisance due to spray, spatter, foaming, drainage or excessive noise or the like onto any building, walk, alley, or street, or the public in general. When after erection such nuisance is found in the opinion of the Building Official to occur, it shall be abated within a period of 90 days. ORD. NO. 5-03 Section 2. That Chapter 7, "Building Regulations", Article 7.1, "Building Regulations", Section 7.1.7, "Seawalls", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 7.1.7 Seawalls: (A) Permit Required; Approval: In addition to the application procedures of Section 2.4.6, tal/rior to the erection, construction, or alteration of any seawall or bulkhead, there shall first be submitted to the Chief Building Official an application in the form prescribed by the City, containing detailed plans and specifications for the structure at the proposed site, together with a plot plan showing the location of the proposed structure or alteration in conjunction with adjoining lands, waters and channels. The above shall be prepared and sealed by a registered professional engineer registered in the State of Florida. In addition, approval from the applicable reviewing agencies is required, prior to issuance of a building permit. Application to these agencies is the responsibility, of the applicant. Section 3. That Chapter 7, "Building Regulations", Article 7.2, "Electrical Code", Section 7.2.1, "General Provisions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 7.2.1 General Provisions 6 ORD. NO. 5-03 (A) Definitions: For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) Electrical Construction: All work and material used in installing, maintaining, and extending a system of electrical wiring for lights, heat, or power, and all appurtenances thereto; and all apparatus or equipment used in connection therewith, inside of, or attached to any building, lot or premises, done by licensed electricians, public utilities companies, or firms, corporations, or individuals. (2) Electrical Contractor: A person engaging in the business of electrical contracting. The individual in charge of the electrical installations for that person shall have passed the Depaxunent of Professional Regulation or the County competency test and registered same with the state or have passed the state certification examination. (3) Licensed Sign Electrician: A person who possesses the necessary qualifications, traimng, and technical knowledge to plan, build lay out, and supervise the insr~lhtion of all types of electrical signs. 03) Electrical Code Adopted By Reference: Except as in this chapter otherwise provided, all electrical construction and all material and appliances used in connection with electrical work and the operation of all electrical apparatus within the City shall conform to the rules and regulations of the National Electrical Code, 19931999 edition, as recommended and published by the National Fire Protection Association for the installation of wiring and electrical apparatus for provided that the rules and regulations of thc National Elccthc Code arc not in any respect in conflict with the provisions of this chapter, this code, thc laws of the State of Florida. or subsequent ordinances and resolutions of thc City. If a later edition of this code or subsequent amendments arc made the applicable minimum code, then those revisions or amendments shall automatically become thc adopted code under this chapter (C) Licensed Electrician Permitting Misuse Of Name: No licensed electrician shall allow his name to be used by any person or party, directly or indirectly, either for the purpose of obtaining a permit or to do any work under his license. S¢c~on 4. That Chapter 7, "Building Regulations", Arfide 7.2, "Electrical Code", Section 7.2.2, "Permits and Inspections", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 7.2.2 Permits And Inspections 7 ORD. NO. 5-03 (~A_) Issuance Of Permits To Licensed Electricians; Exception: Permits to do electrical work will be issued to licensed electricians only, holding a current Florida State registration or certification and registered with the City of Delray Beach, Florida. (1) The plans shall show the outline of the total floor area, the square feet of the building under consideration, the point at which the service connection is to be made with the public utility or isolated plant, or with another building, the size of service and subfeeder wires, the location of service switches and center, or centers, of distribution, and the arrangement of circuits showing the number of outlets connected thereto, together with location and size of all appliances, motors, and space heating units. (32_) The installation of the wiring, apparatus, or equipment for light, heat, or power, within or attached to any building or premises, whether for private or public use, must be done in accordance with the plans and specifications submitted as described in this chapter. (4~ Any changes or omissions in the wiring system shown on the plans must be made by the owner in the form of a letter setting forth the changes and accepting the responsibilities for the changes. This letter must be addressed to the Building Official or his autu. c.'"~zcd a:.alatanta des'~mnee and shall be filed in his office. 8 ORD. NO. 5-03 ........ · ..,., ,,..,.., ..... ~ ..................... '~ t"'-'"t-' ........ , k'"'" .... 1o, ..... fro, .......... · .,.~.,..,...p.,....,~./ ..... .y ......... 1 ....... )- ................................. ,...,., ,, L,~,,.,V .......... ....... ,..,..,.~ ............. t" ....... ,.,.o ..... ,.,.L,.,.t, ....... "'""~5 ......... '~ ..... '~ J'"'"°, .......... ~B_) Final Inspection And Approval; Coveting Uninspected Work: (;~1_) It shah be unlawful to lath, ccilseal, or in any manner conceal, any electrical wiring or equipment until the same has been inspected and a notice posted as herewith required. (GC__~ Using Uninspected Appaxams: It shall be unlawful for any person to use any electrical current in, or through, any wiring apparatus or fixtures for lights, heat, or power in, or on, any building, structure, lot, or premises within the City without having first received written approval from the r,~..'.__, T ........ ........... r ..... Chief Building Official or des'Lgnee to furnish current for that wiring, apparatus, or fixtures. The approval shall be given by the ........... tn^_..-'__1 T ........ V ..... Chief' Building' ' Official or designee at any time after the certificate hereinafter provided shall have been issued. 0tD_.) Temporary Permission To Furnish Current: (1) The Building Official or his authorized assistants may, before a certificate of final approval is issued, give temporary permission to connect and furnish electric current to any wiring, apparatus, or fixtures for a period of not exceeding 30 days, if in his opinion, that wirkng, apparatus, or fixtures axe in a condition that current may be safely connected therewith, and there exists an urgent necessity for such use, when written application is filed with him requesting penrdssion. (2) The person or company requesting temporary electrical power shall sign an affidavit stating that it is understood that the service is temporary and may be disconnected upon 48 9 ORD. NO. 5-03 hour notice at the expiration of the temporary period upon the request of the Building OfficiaL The Building Official may at his option extend the temporary power for an additional 30 day time period. The Building Official shall have the authority to order the power company to disconnect its service wires from any building, structure, lot, or premises when the time period has expired. Section 5. That Chapter 7, "Building Regulations", Article 7.2, "Electrical Code", Section 7.2.3, "Technical Requirements", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be and the same is hereby amended to read as follows: Section 7.2.3 Technical Requirements: (gA) various Services: (1) Approved rigid metal conduit or electrical metallic tubing required for certain types of buildings. Approved galvanized rigid metal conduit, electrical metMlic tubing, or approved rigid nonmetallic conduit with metal detector strip shall be required, except as hereinafter provided, for all wires used to conduct current for lights, heat, or power in the wiring of new buildings, the rewiring of old buildings and in installation of new widng in old buildings, or additions thereto, within the fire districts of the City, as they now are, or may be hereafter established, and in apa~hiient houses to be occupied by three families or more, or where three or more dwelling units are on the same lot; in churches, schools, hotels, theaters, public buildings, commercial buildings, manufacturing establishments, unfinished basements, and all garages of three cars or more, public or private, outside of the fire limits, but within the City limits. (2) Service wires from the outside of buildings. Overhead service entrance conductors must be installed in rigid metal conduit or as approved by the Electrical Inspector. Direct buried service is permitted for Florida Power Utility Company. The direct buried service shall be installed and maintained at a minimum depth of not closer than 24 inches to the surface of the ground. This service shall be restricted to single-family and duplex dwellings only. All service shall be installed, operated, and maintained by a public utility company or communication company. No direct buried cable shall be installed under any construction unless in conduit and in conformance with the National Electrical Safety Code. (Exception: aluminum conductors are prohibited). Section 6. That Chapter 7, "Building Regulations", Article 7.3, "Gas Code", Section 7.3.1, 10 ORD. NO. 5-03 f-, r-h "Adoption by Reference", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section7.3.1 Adoption by Reference: ~r~_ ~gnA ~n;.'-~- _c a._ e,__n_.n ~A~ r-_n~ · u- _a .... a _~a .... a~..~:- ~ ..... ~e 2001 Flofi~ B~ Code - Fuel Gas Vol~e, as amended, is hereby adopted as ~e Gas Code for ~e Ci~ of Dekay Beach. Section 7. That Chapter 7, "Building Regulations", Article 7.5, "Mechanical Code", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: ARTICLE 7.5 MECHANICAL CODE .... n of thc e.__nA_a .M, cckzw.:.c-A Codc Section 7.5.1 Adoption by Reference: The !994 _a:=~ ~ .... .~ ..... ~x~ ~.c -~;5-: .... &czct~ 2001 ~ofida B~g Code - Mecha~c~ Volme, as ~ended. ~ by Ci~ ~y ....... r .....~_ ~na ~ here adopted as ~e Mecha~c~ Code for ~e of De Beach ..... r ................ , Section 7.5.2 Amendments and Additions to Code: /AX (A) Work to be done by a licensed mechanical contractor holding a current Florida State registered or certified mechanical license and registered by the City of Delray Beach, Florida. {e) (B) Change-out permit fees. The provisions of Section 7.1.3, Building Code, Subacc~on 10~..7.1 regarding change-out permits, shall also be applicable to this chapter. 11 ORD. NO. 5-03 Section 8. That Chapter 7, "Building Regulations", Article 7.6, "Plumbing Code", of the Land Development Regulations of the Code of Ordinances of the City of DeLray Beach, Florida, be and the same is hereby amended to read as follows: ARTICLE 7.6 PLUMBING CODE Section 7.6.1 Adoption By Reference: Thc ~ naa A.::.'-_- c.f '~-- c.__._., m.._~.:-_ r_~ .... ~a ~.. ,~_ c:,. 2001 Flofi~ B~e Code - Pl~b~e Vol~e, as amended, is hereby adopted as ~e Plmb~g Code for ~e Ci~ of Dekay Beach. -~r .~ ~ ..... ~-~:~ ~.~r .~:~o ~-~ ~- Section 7.6.2 Amendments And Additions To Code: The following amendments and additions are hereby made to the Plumbing Code adopted by this chapter: Prohibited Traps No trap which depends for its seal upon the action of movable parts shall be used. Co2_) Tubular traps less than 17 gauge are prohibited. 12 ORD. NO. 54)3 (B) Lawn Sprinklers: (al_) Lawn sprinkler systems shall be equipped with an approved backflow preventer on the discharge side of each of the last valves. The backflow preventer shall be at least six (6) inches above the highest head, and at no time less than six (6) inches above the surrounding ground. Where combination control valves and backflow preventers are installed, the bottom of the valve shall constitute the bottom of the backflow preventer. (d2_) All sprinkler systems shall also comply with the State sanitary code and any current revisions. (e3_) Sprinkler heads will be installed so that no water shall spray on a public street or sidewalk. If after they are installed the plumbing inspector should find such a condition exists at any time, the contractor who installed same, shall correct the condition after being notified by the plumbing inspector. (4) Refer to Section 4.6.16(F) for additional requirements. Section 9. That Chapter 2, "Administrative Provisions", Article 2.4, "General Provisions", Section 2.4.6, "Procedures for Obtaining Permits and Approvals", Subsection (B), "Building 13 ORD. NO. 5-03 Permits", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.4.6 Procedures for Obtaining Penxtits and Approvals: (13) Building Permits: A building permit is required for all items as set forth in the Standard 2001 Florida Building Code and Chapter 7 of these Land Development regulations, as amended. A building permit shall be sought via application through the Building Depatmaent on an application form as promulgated by the Chief Building Official. Prior to issuance of a building permit, the Chief Building Official shall certify that the provisions of concurrency as set forth in the City's Comprehensive Plan and by Section 3.1.1 (B) is, or will be, appropriately met. (1) Drawin~ and Specifications: (a) All drawin~ and specifications shall bear the appropriate seal of engineer or architect as required by State Statute Chapter 471 for en_tdneers and State Statute Chapter 481 for architects and Chapter 553 for threshold building. (,2) Plot Dia~am: (.a.) Before a building permit shall be issued, the building department shall be supplied with the followin~ (i) Drawin~ to scale showing the location of thc pl:oposed building or structure and existing building or structure on the site or lot. Building permit applicants for developments having had either conditional use or site and development plan approval shall submit two copies of the approved site plan. (ii) A certified sketch prepared by a Florida re~stered hnd surveyor or a Florida registered engineer, showing the boundary, line survey of said lot or site and existing building and/or smactuze, if any. (.3) Permits: (3) Work to be done by either a general contractor, residential contr;~¢t0r or building contractor as appropriate, holding a current Florida State re~strafion or certification and re~stered with the City of Delray Beach, Florida. Nothing hereby shall prohibit homeowners from doing this work in accordance with Section 7.1.1. (.4) Conditions of the Permit: (a) The Building Official shall act upon an application for a permit with plans as filed, or as amended, without unreasonable or unnecessary delay. A permit issued shall be 14 ORD. NO. 5-03 construed to be a license to proceed with the work and shall not be constxued as authority to violate. cancel, alter or set aside any of the provisions of this code. nor shall such issuance of a permit prevent the Building Official from thereafter requiring a correction of errors in plans or in construction, or violations of this code. Any permit issued shall become invalid (1) unless the work authorized shall have been commenced within six months after its issuance, or (2) if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced. (b) One or more extensions of time, for periods not exceeding 90 days each, may be allowed in writing by the Chief Building Official, pursuant to LDR Section 2.4.4(F). (5) Schedule of Permit Fees: (a) On all building, structures, or alterations requiring a building permit. a fee for each building permit shall be paid as required at the time of filing application, in accordance with the schedule as established herein. (b.) For new building, the value of construction for the purposes of calculating permit fees shall be established by the Building Department from rec%mfized sources. such as the latest edition of the Means Cost Estimating Publications (c) For additions, remodeling, or partial contracts, thc Buildilag Department will accept signed contracts between the owner and contractor as evidence of construction costs or in lieu thereof will determine costs using Means Cost Estimating Publications. (4) The pen'nit fees to be charged shall be based upon the total ¢0~ of the work being performed, including equipment, labor, and material costs required to complete the_ work as illustrated by the permit drawing. Section 10. That Chapter 2, "Administrative Provisions", Article 2.4, "General Provisions", Section 2.4.6, "Procedures for Obtaining Permits and Approvals", Subsection (C), "Certificate of Occupancy", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.4.6 Procedures for Obtaining Permits and Approvals: (C) Certificate of Occupancy: A Certificate of Occupancy is required prior to the establishment of use on any site or occupancy of a structure. An occupancy permit shall be sought via application through the Building Depa~iment on an application form as promulgated by the Chief Building Official. Prior to issuance of an occupancy permit, the Chief Building Official shall certify that all conditions of approval affixed to an associated development approval and provisions of the Standard 2001 Florida Building Code and Chapter 7 of the Land Development Regulations. 15 ORD. NO. 5-03 as amended, are met. A certificate of occupancy will not be issued for any building or structure or portion thereof which fails to meet all applicable development standards and zoning requirements. A conditional Certificate of Occupancy may be issued when all conditions of development or permit am~roval ..... a_-. ._ r ......... are not met but the Chief Building Official has assurance, to his satisfaction, that they will be met and that occupancy :m a',:¢F, r, .';.r,:',,'~cz will not present a danger to the public's health, safety, or general welfare. A failure to comply with conditions as imposed by the Chief Building Official shall be cause for vacation of use or the structure. Section 11. That Chapter 4, "Zoning Regulations", Article 4.5, "Overhy and Environmental Management Districts", Section 4.5.4, "Coastal Construction", Subsection (C), "Developmental Regulations", Paragraph (3), "Structural Requirements", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be and the same is hereby amended to read as follows: Section 4.5.4 Coastal Construction: Section 4.5.4(C) Development Regulations: (3) Structural Requirements: (a) Design and Construction: Major structures, except for mobile homes, shall be designed and constructed in accordance with 2001 Florida Building Code. as amended, and applicable federal and state agencies, accdan 1205 of :kc 19°,,6 Section 12. That Chapter 4, "Zoning Regulations", Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.4, "Coastal Construction", Subsection (C), "Developmental Regulations", Paragraph (4), "Velocity Pressure", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: 16 ORD. NO. 5-03 *'T'IA'[iT ~ 1,"~flr ,'"1 A ~ A C'"T'q:'C~"I-~ AJ'TT ~ TV'IT'I~TT"% Tr~'T r~rT~ X~ ~rTT ~ ~D T_~r~TTD\ n.,c -2..g --3g CA ~l~U(~q~ AffTT ~ '~"~7T'KT'T'% XT'~'T /-'~,'"T'T"V TT /"I~I'TT ~ T)~'D Ut'~TTD'~ 11C I00-200 299300 ann cnn Section 13. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 14. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 17 ORD. NO. 5-03 Section 15. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED dayof / in regular session on second and final reading on this the ,2003. City Clerk First Reading Second Reading_/~4~/,fi', ~O~. 18 ORD. NO. 5-03 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ A(~ENDA ITEM # \~k)~.~ - REGULAR MEETING OF APRIL 15, 2003 ORDINAN(;E NO, 5-03 (AMENDING CHAPTERS 7, 2, AND 4 O1~ THE LAND DEVELOPMENT REGULATIONS) DATE: APRIL 11, 2003 This ordinance is before Commission for second reading and public hearing to amend Chapter 7, "Building Regulations", of the Land Development Regulations of the Code of Ordinances, and also Chapter 2, "Administrative Provisions" by amending Section 2.4.6, "Procedures for Obtaining Permits"; and Chapter 4, "Zoning Regulations" by amending Section 4.5.4 "Coastal Construction" to provide consistency with the 2001 Florida Building Code Changes. At the first reading on April 1, 2003, the City Commission passed this ordinance. Recommend approval of Ordinance No. 5-03 on second and final reading. S:\City Clerk\chevelle folder\agenda memo,\Ord.5.03.4.15.03 TO: THRU: FROM: SUBJECT: PAUL DORLING~RRECTOR OF PLANNING A~ JEFFREY A. COSTELLO, PRINCIPAL PLANN~~'~° MEETING OF APRIL 1, 2003 CONSIDERATION OF AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS CHAPTER 7 (BUILDING REGULATIONS), SECTION 2.4.6 (PROCEDURES FOR OBTAINING PERMITS AND APPROVALS), AND SECTION 4.5.4(C) (COASTAL CONSTRUCTION, DEVELOPMENT STANDARDS) TO ACHIEVE CONSISTENCY WITH THE 2001 FLORIDA BUILDING CODE. The proposed text amendments are to modify the applicable LDR sections to achieve consistency with the 2001 Florida Building Code and amendments to the 2001 Florida Building Code adopted by Palm Beach County, as well as to eliminate duplications, and to renumber and reorganize as appropriate. The amendments to Chapter 7 include relocating submission requirements to LDR Section 2.4.6 (Procedures for Obtaining Permits and Approvals). The proposed changes include various renumbering and deletions to "clean-up" this Chapter of the LDRs. Also, LDR Section 4.5.4(C) is being modified to eliminate duplication of requirements found in the Florida Building Code. Additional background and a complete analysis are found in the attached Planning and Zoning Board staff report. The Planning and Zoning Board held a public hearing regarding this item at its meeting of March 17, 2003. There was no public testimony in opposition to the proposed text amendment. After discussing the amendment, the Board voted 6-0 (Pike absent) to recommend to the City Commission approval of the proposed amendment to the Land Development Regulations, based upon a positive finding with LDR Section 2.4.5(M)(5), that while the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. By motion, approve on first reading an the amendment to the Land Development Regulations regarding Chapter 7 (Building Regulations), Section 2.4.6 (Procedures for Obtaining Permits and Approvals) and Section 4.5.4(C) (Coastal Construction, Development Standards), based upon positive findings with LDR Section 2.4.5(M)(5), and setting a public hearing date of April 15, 2003. Attachments: Planning and Zoning Board Memorandum Staff Report of March 17, 2003 Proposed Ordinance by Others i 2 PLANNING AND ZONING BOARD MEMORADUM STAFF REPORT DE~LR~AY, MEETING OF: AGENDA ITEM: MARCH 17, 2003 IV.C. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS CHAPTER 7 (BUILDING REGULATIONS), SECTION 2.4.6 (PROCEDURES FOR OBTAINING PERMITS AND APPROVALS), AND SECTION 4.5.4(C) (COASTAL CONSTRUCTION, DEVELOPMENT STANDARDS) TO BE CONSISTENT WITH THE 2001 FLORIDA BUILDING CODE. The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations regarding Chapter 7 (Building Regulations), Section 2.4.6 (Procedures for Obtaining Permits and Approvals) and Section 4.5.4(C) (Coastal Construction, Development Standards) to be consistent with the 2001 Florida Building Code, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. This amendment is corrective in nature. The Florida Building Code Act of 1998 directed the Florida Building Commission to establish a statewide uniform building code known as the Florida Building Code. This Code has been in effect throughout the State of Florida since March 1, 2002. At its meeting of November 19, 2001, Planning and Zoning Board recommended approval of the text amendment. At that time the proposed ordinance included the insertion of tables and language from the 2001 Florida Building Code. The modifications primarily related to changing references in the LDRs from previously adopted codes to the 2001 Florida Building Code. The amendment was not forwarded to the City Commission for adoption, as a more comprehensive review of Chapter 7 was undertaken. The proposed text amendments are to provide for the adoption of the 2001 Florida Building Code and amendments to the 2001 Florida Building Code adopted by Palm Beach County, to eliminate duplications, and to renumber and reorganize as appropriate. The amendments to Chapter 7 include relocating submission requirements IV. C. Planning and zoning Board Memorandum Staff Report LDR Amendment - 2001 Florida Building Code Page 2 to LDR Section 2.4.6 (Procedures for Obtaining Permits and Approvals). The proposed changes include various renumbering and deletions to "clean-up" this Chapter of the LDRs. The proposed amendments are now before the Board for action. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As noted previously, this amendment is being initiated more for "housekeeping" purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. By motion, recommend to the City Commission approval of the amendment to the Land Development Regulations regarding Chapter 7 (Building Regulations), Section 2.4.6 (Procedures for Obtaining Permits and Approvals) and Section 4.5.4(C) (Coastal Construction, Development Standards), based upon positive findings with LDR Section 2.4.5(M)(5). Attachment: · Proposed Amendments ORDINANCE NO. 5-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DFJI.RAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 7, "BUILDING REGULATIONS", SECTION 7.1.3, "BUILDING CODE" AND SECTION 7.1.7, "SEAWA I.I,S"; ARTICLE 7.2, "ELECTRICAL CODE", SECTION 7.2.1, "GENERAL PROVISIONS", SECTION 7.2.2, "PERMITS AND INSPECTIONS", AND SECTION 7.2.3, "TECHNICAL REQUIREMENTS"; ARTICLE 7.3, "GAS CODE", SECTION 7.3.1, "ADOPTION BY REFERENCE"; ARTICLE 7.5, "MECHANICAL CODE"; ARTICLE 7.6, "PLUMBING CODE"; CHAPTER 2, "ADMINISTRATIVE PROVISIONS", SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS AND APPROVALS", SUBSECTION 2.4.6(B), "BUILDING PERMITS" AND SUBSECTION 2.4.6(C), "CERTIFICATE OF OCCUPANCY"; CHAPTER 4, "ZONING REGULATIONS", SECTION 4.5.4 "COASTAL CONSTRUCTION", SUBSECTION 4.5.4(C) "DEVF. I,OPMENT REGULATIONS", TO PROVIDE FOR THE ADOPTION OF THE 2001 FLORIDA BUILDING CODE AND AMENDMENTS TO THE 2001 FLORIDA BUILDING CODE ADOPTED BY PALM BEACH COUNTY, TO FJI.IMINATE DUPLICATIONS, TO RENUMBER AND REORGANIZE AS APPROPRIATE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on March 17, 2003 and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 7, "Building Regulations", Article 7.1, "Building Regulations", Section 7.1.3, "Building Code", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 7.1.3 Building Code: (A) Adopted by Reference. Tl-.c ~nna _a:.:__ _c.~[z e._-.~__a n..:~a:__ ~a ..... ~_.~ r~--~.~.~.., .o ;- ~e 2001Florida B~g Code, as amended, and ~e amen~ents to ~e 2001 Florida B~g Code as adopted by Pa~ Beach Co~ ~.~ hereby adopted and ~co~orated aa ~y as if amended ~ Section 7.1.2~) of ~s A~cle. ~s ~cle also adopts Ab~ :~c?a~cg ~e ~1999 W~dbome Debris Impact Smnd~d (SS~ 12~. If a later e~fion of ~s code or subsequent amen~ents ~e ~de to ~e app~cable ~~ code, ~en ~ose tensions or ~en~ents sh~ automafic~y become ~e adopted code ~der ~s chapter. (']) Appeals concerning interpretation or administration of the provisions of this chapter shall be heard by the Board of Construction Appeals. (~B_) Amendments and Additions to Code. The following amendments and additions are made to the 2001 Florida Building Code adopted by this subchapter: ........ ~,0 andn ,.,.... Stat Stamt cc ..... ~-~ c_~ gin 2 ORD. NO. 5-03 (/31_) Unity of Title Declaration: When it is found necessary in order to obtain a building site plan of sufficient size and dimension to meet the minimum applicable yard requirements, setback distances or lot area that separate lots, plots, parcels or portions thereof, must be combined, added or joined together the applicant for such building permit shall first place on file or record as a public document in the official records in the office of the Clerk of the Circuit Court of Palm Beach County, an instrument hereinafter referred to as a Unity of Title Declaration. Such Unity of Title Dedarafion shall be in a form and content sufficient to unequivocally state that the aforesaid combination of separate lots, plots, parcels, or portions thereof shall be regarded as unified under one rifle as an indivisible building site. Where a Unity of Title has been recorded and the owner abandons the project before urili?.ing the Unity of Title, the Chief Building Official is authorized to release the Unity of Title. ~2_) Survey: Before slab inspection or prior to framing, the Building Depa~mxent shall be supplied two cc~£cd ;'.;ctc~c; sunreys or engineering phns certified by a Florida registered engineer or surveyor, showing setback distances from each property line to the stem walls or sills of the building or structure under construction. The Building Depatunent shall also be furnish written certification from a Florida registered engineer or land surveyor, stating that the top of the floor slab is above the one hundred-year flood plain and a minimum of 18 inches above the crown of the road or measured to the bottom of the wood joists will be a minimum of 18 inches above the crown of the road. Should the property owner desire to set the floor elevation at less than 18 inches above the crown of the road, but above the one hundred-year storm or National Flood Insurance minimum elevations, then a variance may be granted by the City Engineer or A~: ..... r:,-. t:_~ .... designee if the applicant provides an acceptable justification letter ~_,'-~c .........u~ r:~. ~_~ ...... s _~; ..... r:-- ~ .... from an engineering firm certifying the drainage conditions have been investigated, and the proposed floor elevation is above the flooding level. To determine whether thc proposed floor elevation is above the flooding level, it must bc shown that the structure has adequate drainage to ensure that flooding will not occur in a one hundred-year storm. No wall, however, shall be constructed which would exceed by over one foot thc elevation of the floor slab before the stem wall survey has been submitted to the Building Dcpa~uent. (C-a_) Any violations existing at this stage of construction must be corrected before the construction may proceed and before other inspections are made. 3 ORD. NO. 5-03 has kccn ..... p, ~a yca aftcr hhe a_., of ~.e n.~. r: .... ~ o~op .....d abandoned far pc~ad of sk -- _.u_ ..... o ..... aftcr abc '--~ ' 'rr ........ Handicapped. _ Accessibility. (Florida .A.,~..~,..o~.,...u.~Lj:t':l:"" '-"-"'"/r'~a~ The requirements of this section shall apply to all levels and areas of buildings and structures except as 4 ORD. NO. 5-03 modified by the Florida Accessibility Code for Building Construction as amended, ang tc. -'~ ~..-, ......c ..... o t,_.:a~_~A1 Refer to the mA.aaA s ..... :~,:,. r_a~ Fair Housine Act for application in the case of~..s.,~:--'- ""-~'2cA--n ..... ~....~o: .... ,...,~ '~'v''~°a''-I ..... multiple family, residential units consisting of ~ondominium or rental umts. Cooling Towers: (Ava_) Cooling towers in excess of 250 square feet in base area or in excess of 15 feet in height, when located on buildings more than 50 feet in height in or out of the fire district, shall be noncombustible construction; except that drip boards may be of wood not less than one inch nominal thickness and the enclosing framework may be of wood, if covered on the exterior of the tower with noncombustible material. Cooling towers shall not exceed one-third of the supporting roof area. (t~b_) Positive provisions shall be made for adequate disposal of bleed water overflow and maintenance draining or properly designed dtTwells. All cooling towers shall be sited or constructed to prevent any nuisance due to spray, spatter, foaming, drainage or excessive noise or the like onto any building, walk, alley, or street, or the public in general. When after erection such nuisance is found in the opinion of the Building Official to occur, it shall be abated within a period of 90 days. 5 ORD. NO. 5-03 .L,,..,,,..d ~,:11~, /'1 "7f~O ,4\ ~. ~ ...... ~ ©n-.'.t :ntizc ::cdc, n: Section 2. That Chapter 7, "Building Regulations", Article 7.1, "Building Regulations", Section 7.1.7, "Seawalls", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be and the same is hereby amended to read as follows: Section 7.1.7 Seawalls: (A) Permit Required; Approval: In addition to the application procedures of Section 2.4..6, taprior to the erection, construction, or alteration of any seawall or bulkhead, there shall first be submitted to the Chief Building Official an application in the form prescribed by the City, containing detailed plans and specifications for the structure at the proposed site, together with a plot plan showing the location of the proposed structure or alteration in conjunction with adjoining lands, waters and channds. The above shall be prepared and sealed by a registered professional engineer registered in the State of Florida. In addition, approval from the applicable reviewing agencies is required, prior to issuance of a building permit. Application to these agencies is the responsibility, of the applicant. Section 3. That Chapter 7, "Building Regulations", Article 7.2, "Electrical Code", Section 7.2.1, "General Provisions", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be and the same is hereby amended to read as follows: Section 7.2.1 General Provisions 6 ORD. NO. 5-03 (A) Definitions: For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) Electrical Construction: All work and material used in installing, maintaining, and extending a system of electrical wiring for lights, heat, or power, and all appurtenances thereto; and all apparatus or equipment used in connection therewith, inside of, or attached to any building, lot or premises, done by licensed electricians, public utilities companies, or firms, corporations, or individuals. (2) Electrical Contractor: A person engaging in the business of electrical contracting. The individual in charge of the electrical installations for that person shall have passed the Depati~nent of Professional Regulation or the County competency test and registered same with the state or have passed the state certification examination. (3) Licensed Sign Electrician: A person who possesses the necessary qualifications, training, and technical knowledge to plan, build lay out, and supervise the installation of all types of electrical signs. (13) Electrical Code Adopted By Reference: Except as in this chapter otherwise provided, all electrical construction and all material and appliances used in connection with electrical work and the operation of all electrical apparatus within the City shall conform to the rules and regulations of the National Electrical Code, 19931999 edition, as recommended and published by the National Fire Protection Association for the installation of wiring and electrical apparatus for electrical purp _c _.t.:_u pics ..... c.~^ :_ ~x._ _c~_A _c .~._ Ci~- r~_~ .... t.:_L _.~ ....a provided that the roles and regulations of the National Electric Code are not in any respect in conflict with the provisions of this chapter, this code, the laws of the State of Florida, or subsequent ordinances and resolutions of the City. If a later edition of this code or subsequent amendments are made the applicable minimum code, then those revisions or amendments shall automatically become the adopted code under this chapter (C) Licensed Electrician Permitting Misuse Of Name: No licensed electrician shall allow his name to be used by any person or party, directly or indirectly, either for the purpose of obtaining a permit or to do any work under his license. Section 4. That Chapter 7, "Building Regulations", Article 7.2, "Electrical Code", Section 7.2.2, "Permits and Inspections", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 7.2.2 Permits And Inspections 7 ORD. NO. 5-03 (&A_) Issuance Of Permits To Licensed Electricians; Exception: Permits to do electrical work will be issued to licensed electricians only, holding a current Florida State registration or certification and registered with the City of Deiray Beach, Florida. (1) The plans shall show the outline of the total floor area, the square feet of the building under consideration, the point at which the service connection is to be made with the public utility or isolated plant, or with another building, the size of service and subfeeder wires, the location of service switches and center, or centers, of distribution, and the arrangement of circuits showing the number of outlets connected thereto, together with location and size of all appliances, motors, and space heating units. (;~2_) The installation of the wiring, apparatus, or equipment for light, heat, or power, within or attached to any building or premises, whether for private or public use, must be done in accordance with the plans and specifications submitted as described in this chapter. (43.) Any changes or omissions in the wiring system shown on the plans must be made by the owner in the form of a letter setting forth the changes and accepting the responsibilities for the changes. This letter must be addressed to the Building Official or his .t._..'__a __: ...... des'_lgnee and shall be filed in his office. 8 ORD. NO. 5-03 (taB_) Final Inspection And Approval; Covering Uninspected Work: (gl) It shah be unlawful to lath, c?.seal, or in any manner conceal, any electrical wiring or equipment until the same has been inspected and a notice posted as herewith required. (GC_) Using Uninspected Apparatus: It shall be unlawful for any person to use any electrical current in, or through, any wiring apparatus or fixtures for lights, heat, or power in, or on, any building, structure, lot, or premises within the City without having first received written approval from the ~.a~, T ............ r ..... Chief Building Official or designee to furnish current for that wiring, apparatus, or fixtures. The approval shall be given by the x~,..'_~ ............. r ..... Chief Building Official or designee at any time after the certificate hereinafter provided shall have been issued. Temporary Permission To Furnish Current: (1) The Building Official or his authorized assistants may, before a certificate of final approval is issued, give temporary permission to connect and furnish electric current to any wiring, apparatus, or fixtures for a period of not exceeding 30 days, if in his opinion, that wiring, apparatus, or fixtures are in a condition that current may be safely connected therewith, and there exists an urgent necessity for such use, when written application is filed with him requesting permission. (2) The person or company requesting temporary electrical power shall sign an affidavit stating that it is understood that the service is temporary and may be disconnected upon 48 9 ORD. NO. 5-03 hour notice at the expiration of the temporary period upon the request of the Building Official. The Building Official may at his option extend the temporary power for an additional 30 day time period. The Building Official shall have the authority to order the power company to disconnect its service wires from any building, structure, lot, or premises when the time period has expired. Section 5. That Chapter 7, "Building Regulations", Article 7.2, "Electrical Code", Section 7.2.3, "Technical Requirements", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 7.2.3 Technical Requirements: (:gA_) Vazious Services: (1) Approved rigid metal conduit or electrical metallic tubing required for certain types of buildings. Approved galvanized rigid metal conduit, electrical metallic tubing, or approved rigid nonmetallic conduit with metal detector strip shall be required, except as hereinafter provided, for all wires used to conduct current for lights, heat, or power in the wiring of new buildings, the rewiring of old buildings and in installation of new wiring in old buildings, or additions thereto, within the fire districts of the City, as they now are, or may be hereafter established, and in apartment houses to be occupied by three families or more, or where three or more dwelling units are on the same lot; in churches, schools, hotels, theaters, public buildings, commercial buildings, manufacturing establishments, unfinished basements, and all garages of three cars or more, public or private, outside of the fire limits, but within the City limits. (2) Service wires from the outside of buildings. Overhead service entrance conductors must be installed in rigid metal conduit or as approved by the Elecn:ical Inspector. Direct buried service is permitted for Florida Power Utility Company. The direct buried service shall be installed and maintained at a minimum depth of not closer than 24 inches to the surface of the ground. This service shall be restricted to single-family and duplex dwellings only. All service shall be installed, operated, and maintained by a public utility company or communication company. No direct buried cable shall be installed under any construction unless in conduit and in conformance with the National Electrical Safety Code. (Exception: aluminum conductors ate prohibited). Section 6. That Chapter 7, "Building Regulations", Article 7.3, "Gas Code", Section 7.3.1, 10 ORD. NO. 5-03 "Adoption by Reference", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 7.3.1 Adoption by Reference: The 1994 .... c ........ ~ .. e uac, m~ntcnancc, .... occu_an_ of '~; ~d .... ~nd;~ ~2a ;h~pt;r. ~e 2001 Flohda B~g Code - Fuel Gas Volme, as mended, is hereby adopted as ~e Gas Code for ~e Ci~ of Dekay Beach. Section 7. That Chapter 7, "Building Regulations", Article 7.5, "Mechanical Code", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: ARTICLE 7.5 MECHANICAL CODE Section 7.5.1 Adoption by Reference: The 1994 c~fion of t~c S'mndz, zd MccSar2--,~2 Cc, dc .~ ............................. 2001 Florida B~g Code - Mecha~cal Volme, as amended, is hereby adopted as ~e Mechmcal Code for ~e Ciw of Dekay Beach. except for 9cc~on ' aa ~ Section 7.5.2 Amendments and Additions to Code: (A) Work to be done by a licensed mechanical contractor holding a current Florida State registered or certified mechanical license and registered by the City of Delray Beach, Florida. {e) CB) Change-out permit fees. The provisions of Section 7.13, Building Code, S"~sccdon 10~,.7.1 regarding change-out permits, shall also be applicable to this chapter. l 1 ORD. NO. 5-03 Section 8. That Chapter 7, "Building Regulations", Article 7.6, "Plumbing Code", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: ARTICLE 7.6 PLUMBING CODE Section 7.6.1 Adoption By Reference: The 1994 ed2fic, n of a.~.,. ~,--.~-~e'--'~-'~ m.._k;-~. '~"~ r~ .... .~. k_..k~ c:~. 2001 Florida B~&g Code - Pl~b~g Vol~e, as amended, is hereby adopted as ~e Pl~b~g Code for ~e Ci~ of Dekay Beach. -~r ~ ~.~ ..... ~.~:~- ~.~r .u:~_o ~ ~.~- ..... ~ ..... amcn&~cnta ~..~ ~e cab!c .... , ................. Section 7.6.2 Amendments And Additions To Code: The following amendments and additions are hereby made to the Plumbing Code adopted by this chapter: Prohibited Traps No trap which depends for its seal upon the action of movable parts shall be used. (b2_.) Tubular traps less than 17 gauge are prohibited. 12 ORD. NO. 5-03 (B) Lawn Sprinklers: {60g) (al_) Lawn sprinkler systems shall be equipped with an approved backflow preventer on the discharge side of each of the last valves. The backflow preventer shall be at least six (6) inches above the highest head, and at no time less than six (6) inches above the surrounding ground. Where combination control valves and backflow preventers are installed, the bottom of the valve shall constitute the bottom of the backflow preventer. (d2_) All sprinkler systems shall also comply with the State sanitary code and any current revisions. (e3_) Sprinkler heads will be installed so that no water shall spray on a public street or sidewalk. If after they are installed the plumbing inspector should find such a condition exists at any time, the contractor who installed same, shall correct the condition after being notified by the plumbing inspector. (4.) Refer to Section 4.6.16(F) for additional requirements. Secdon 9. That Chapter 2, "Administrative Provisions", Article 2.4, "General Provisions", Section 2.4.6, "Procedures for Obtaining Permits and Approvals", Subsection (B), "Building 13 ORD. NO. 5-03 Permits", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.4.6 Procedures for Obtaining Permits and Approvals: 03) Building Permits: A building permit is required for all items as set forth in the S'~ndzrd 2001 Florida Building Code and Chapter 7 of these Land Development re~m~lations, as amended. A building permit shall be sought via application through the Building Department on an application form as promulgated by the Chief Building Official. Prior to issuance of a building permit, the Chief Building Official shall certify that the provisions of concurrency as set forth in the City's Comprehensive Plan and by Section 3.1.1 03) is, or will be, appropriately met. (1) Drawin~ and Specifications: (a) All drawings and specifications shall bear the appropriate seal of en~dneer or architect as required by State Statute Chapter 471 for en~tdneers and State Statute Chapter 481 for architects and Chapter 553 for threshold building. (2) Plot Dia~am: (a) Before a building permit shall be issued, the building department shall be supplied with the following: (i) Drawin~ to scale showing the location of the proposed building or structure and existing building or structure on the site or lot. Building permit applicants for developments having had either conditional use or site and development plan approval shall submit two copies of the approved site phn. (ii) A certified sketch prepared by a Florida re~stered land surveyor or a Florida re~stered en~neer, showing the boundary line survey of said lot or site and existing building and/or structure, if any. (3) Permits: (a) Work to be done by either a general contractor, residential contractor or building contractor as appropriate, holding a current Florida State re~stration or certification and re~stered with the City of Delray Beach, Florida. Nothing hereby shall prohibit homeowners from doin~ this work in accordance with Section 7.1.1. (4) Conditions of the Permit: (a) The Building Official shall act upon an application for a permit with plans as filed, or as amended, without unreasonable or unnecessary delay. A permit issued shall be 14 ORD. NO. 5°03 construed to be a license to proceed with the work and shall not be construed as authority to violate. cancel, alter or set aside any of the provisions of this code, nor shall such issuance of a permit prevent the Building Official from thereafter requiting a correction of errors in plans or in construction, or violations of this code. Any permit issued shall become invalid (1) unless the work authorized shall have been commenced within six months after its issuance, or (2) if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced. (b) One or more extensions of time, for periods not exceeding 90 days each, may be allowed in writing by the Chief Building Official, pursuant to LDR Section 2.4.4(F). (5) Schedule of Pexmit Fees: (a) On all buildings, structures, or alterations requiring a building permit. a fee for each building permit shall be paid as required at the time of filing application, in accordance with the schedule as established herein. (b) For new building, the value of construction for the purposes of calculating permit fees shall be established by the Building Department from recognized sources, such as the latest edition of the Means Cost Estimatine Publications (¢) For additions, remodeling, or partial contracts, the Building Department will accept signed contracts between the owner and contractor as evidence of construction costs or in lieu thereof will determine costs using Means Cost Estimating Publications. (d) The permit fees to be charged shall be based upon the total cost of the work being performed, including equipment, labor, and material costs required to complete the work as illustrated by the permit drawing. Section 10. That Chapter 2, "Administrative Provisions", Article 2.4, "General Provisions", Section 2.4.6, "Procedures for Obtaining Permits and Approvals", Subsection (C), "Certificate of Occupancy", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.4.6 Procedures for Obtaining Permits and Approvals: (C) Certificate of Occupancy: A Certificate of Occupancy is required prior to the establishment of use on any site or occupancy of a structure. An occupancy permit shall be sought via application through the Building Department on an application form as promulgated by the Chief Building Official. Prior to issuance of an occupancy permit, the Chief Building Official shall certify that all conditions of approval affixed to an associated development approval and provisions of the Standard 2001 Florida Building Code and Chapter 7 of the Land Development Re~malations. 15 ORD. NO. 5-03 as amended, are met. A certificate of occupancy will not be issued for any building or structure or portion thereof which fails to meet all applicable development standards and zoning requirements. A conditional Certificate of Occupancy may be issued when all conditions of development or permit approval ..... ~ r ......nt are not met but the Chief Building Official has assurance, to his satisfaction, that they will be met and that occupancy :m a'.:ck a manncz will not present a danger to the public's health, safety, or general welfare. A failure to comply with conditions as imposed by the Chief Building Official shall be cause for vacation of use or the structure. Section 11. That Chapter 4, "Zoning Regulations", Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.4, "Coastal Construction", Subsection (C), "Developmental Regulations", Paragraph (3), "Structural Requirements", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 4.5.4 Coastal Construction: Section 4.5.4(C) Development Regulations: (3) Structural Requirements: (a) Design and Construction: Major structures, except for mobile homes, shall be designed and constructed in accordance with 2001 Florida Building Code. as d ppli bi al .. ~-,n~ ~c a.~ ~ ~o~. amended, an a ca e feder and state aeencies. ""'" ""-"'"'" _/-.'""- ,.,..,t~,.. ~,.,.,,.j,.,,. ou.,.,,..,.,.,.,.,,,,,, ""'""'"'t"" Section 12. That Chapter 4, "Zoning Regulations", Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.4, "Coastal Construction", Subsection (C), "Developmental Regulations", Paragraph (4), "Velocity Pressure", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: 16 ORD. NO. 5-03 .(FEET) 'T~ (K~I'TT ~C' I")T~-'D 51-100 IOO 200 200300 ~1- Section 13. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 14. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 17 ORD. NO. 5-03 Section 15. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2003. ATTEST MAYOR City Clerk First Reading Second Reading 18 ORD. NO. 5-03