Res 14-85 ORDINANCE NO. 14-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND
CONSTRUCTION", ARTICLE II, "BUILDING CODE", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 9-17, "AMENDMENTS AND ADDITIONS TO CODE", TO
INCLUDE AMENDMENTS TO SECTION 508 OF THE STANDARD
BUILDING CODE, BY ADDING A NEW SUBSECTION 508.1, "APPLI-
CATIONe, TO REFER TO SUBSECTION 508.4(g) FOR APPLICATION
OF SINGLE FAMILY UNITS AND DUPLEXES; BY ADDING A NEW
SUBSECTION 508.4(g), TO ADD MINIMUM DOOR WIDTH REQUIRE-
MENTS FOR DWELLING UNITS INCLUDING SINGLE FAMILY UNITS
AND DUPLEXES UNDER CERTAIN CONDITIONS, AND HOTELS AND
MOTELS; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Delray Beach, Florida, finds it to
be in the public interest to have accessibility to all dwelling units including single
family units and duplexes, and hotels and motels within the incorporated area by all
residents and visitors, including the handicapped; and,
WHEREAS, Florida Statutes Section 553.73(3) permits local governments to
provide more stringent requirements than those specified in the State Minimum Building
Codes; and,
WHEREAS, the City Council of the City of Delray Beach, Florida in recogni-
tion of the composition of the population of the City of Delray Beach contains a large
percentage of elderly and physically handicapped persons does hereby find and declare
that there is a need to strengthen the requirements of the State Minimum Building
Codes adopted by the City based upon the conditions as herein described and such
additional requirements are not discriminatory against materials, products or
construction techniques; and,
WHEREAS, Florida Statutes Section 553.48(3) provides that nothing in the
exemption section of Florida Statutes Section 553, Chapter V, "Accessibility by
Handicapped Persons" shall be construed to prohibit incorporation of the accessibility
features as set forth in Florida Statutes Section 553.48(2).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 9-17, "Amendments and additions to code", of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by adding
a new subsection 508.1, "Applications", to read as follows:
SEC. 508.1. APPLICATIONS
The requirements of this section shall apply to all levels and areas of build-
ings and structures except as modified by Section 508.7(a), 508.7(b), 508.7(c), and to
all occupancy classifications except group H-Hazardous and except single family
structures and duplexes of group R-Residential. Refer to Section 508.4(g) for applica-
tion in the case of single family units and duplexes.
Section 2. That Section 9-17, ~Amendments and additions to code", of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by adding
a new subsection $08.4(g) to read as follows:
508.4(g) Ail interior doors on floors in all dwelling units including single
f~_.mtly units and duplexes which are otherwise accessible from ~ound level by ramp or
elevator, and hotel rooms and motel rooms on first floor only or floors serviced by
elevators, shall have a minimum of twenty-nine inches (29") clear opening, with the
exception of storage rooms and closets, to make units fully accessible to the handi-
capped and/or disabled.
Section 3. That all ordinances or parts of ordinances which are in conflict
herewith are hereby repealed.
Section 4. 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 5. That this ordinance shall become effective at 12:01 a.m. on
April 15, 1985, and shall be applicable to all those dwelling units, hotels, and motels
described herein which have not received their final necessary building permits from
the City of Delray Beach, Florida prior to this ordinance becoming effective.
PASSBD AND ADOPTF. D in regular session on second and final reading on this the
29th day of January , 198 5 ·
ATTEST:
First Reading January 15, 1985
Second l{eadin~. January 29, 1985
2 ORD. NO. 14-85