ORDINANCE NO. 2008-__
AN
ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO BUILDING
AND CONSTRUCTION-RELATED CODES; MAKING FINDINGS; AMENDING CHAPTER 4A, APPENDIX
A, MELBOURNE BEACH CODE OF ORDINANCES; REPEALING SECTION 4A-3, RELATING
CERTIFICATES OF COMPETNENCY AND INSURANCE REQUIREMENTS; AMENDING SECTION 4A-20,
DELETING REFERENCES TO THE SOUTHERN STANDARD BUILDING CODE AND ADOPTING THE
FLORIDA BUILDING CODE AND THE FLORIDA RESIDENTIAL BUILDING CODE; REPEALING
SECTIONS 4A-21, 4A-22, 4A-23, 4A-24, 4A-25, RELATING TO THE SOUTHERN STANDARD
BUILDING CODE APPENDICES, ACCESS BY HANDICAPPED PERSONS, MANUFACTURED
BUILDINGS, THERMAL EFFICIENCY STANDARDS, AND REPEALING THE SWIMMING POOL CODE; CREATING
SECTION 4A-26 ADOPTING THE FLORIDA EXISTING BUILDING CODE; AMENDING SECTION
4A-35 RELATING TO APPROVAL BY THE DIVISION OF HOTELS AND RESTAURANTS FOR
CERTAIN PUBLIC LODGING AND FOOD SERVICE ESTABLISHMENTS; REPEALING SECTION 4A-36
RELATING TO EXTENSION AND EXPIRATION OF BUILDING PERMITS; AMENDING SECTION
4A-37 DELETING REFERENCES TO REPEALED SECTION 4A-3; AMENDING SECTION 4A-50
MODIFYING THE CURRENTLY EFFECTIVE ELECTRICAL CODE; REPEALING SECTIONS 4A-51 AND
4A-52 RELATING ELECTRICAL CODE APPENDICES AND ELECTRIC RACEWAYS; REPEALING
SECTION 4A-60 RELATING THE FLORIDA EXISTING BUILDING CODE, 1988 EDITION; AMENDING
SECTION 4A-63 RELATING TO THE 1985 UNSAFE BUILDING ABATEMENT CODE BY REVISING
REFERENCES TO THE BUILDING CODE; AMENDING SECTION 4A-65 DELETING THE SOUTHERN
STANDARD PLUMBING CODE AND ADOPTING THE FLORIDA PLUMBING CODE; REPEALING
SECTIONS 4A-66, 4A-67, AND 4A-68 ADOPTING APPENDICES TO THE SOUTHERN STANDARD
PLUMBING CODE, PLUMBING OFFICIAL DUTIES, AND CHECKING OF PLANS AND
SPECIFICATIONS BY PLUMBING OFFICIAL; REPEALING SECTIONS 4A-69, 4A-70, AND 4A-71
RELATING ALTERNATE MATERIALS AND METHODS, STOP WORK ORDERS, AND PLUMBING
PERMITS; AMENDING SECTION 4A-81, DELETING REFERENCES TO THE STANDARD MECHANICAL
CODE AND ADOPTING THE FLORIDA MECHANICAL CODE; REPEALING SECTION 4A-82 RELATING
TO APPENDICES TO THE STANDARD MECHANICAL CODE; AMENDING SECTION 4A-83, DELETING
REFERENCES TO THE STANDARD GAS CODE AND ADOPTING THE FLORIDA FUEL GAS CODE; REPEALING
SECTION 4A-84 RELATING TO APPENDICES TO THE STANDARD GAS CODE; REVISING SECTION
4A-83 DELETING REFERENCES TO THE 1997 EDITION OF THE STANDARD GAS CODE AND
ADOPTING BY REFERENCE THE FLORIDA FUEL GAS CODE; REPEALING SECTION 4A-84
RELATING TO APPENDICES OF THE SOUTHERN STANDARD GAS CODE; AMENDING SECTION
4A-94(a) ADOPTING ADDITIONAL STANDARDS REQUIRED FOR CONSTRUCTION REQUIREMENT IN
SPECIAL FLOOD HAZARD AREAS; REVISING SECTION 4A-123(a) RELATING TO STRUCTURAL
STANDARDS UNDER THE COASTAL CONSTRUCTION CODE; REPEALING SECTIONS 4A-141 AND
4A-142, RELATING TO THE BUILDING OFFICIAL SERVING EX OFFICIO AS THE PLUMBING INSPECTOR AND THE PLUMBING INSPECTOR AND
TO PENALTIES; AMENDING SECTION 4A-145 RELATING TO THE REQUIREMENT OF A BUILDING PERMIT AND WITH REGARD TO EXPIRATION
THEREOF; REPEALING SECTIONS 4A-146 AND 4A-147 RELATING TO CERTIFICATES OF
OCCUPANCY AND REQUIRING COMPLIANCE WITH THE SOUTHERN STANDARD BUILDING CODE; PROVIDING
FOR SEVERABILITY AND INTERPRETATION; PROVIDING FOR THE REPEAL OF INCONSISTENT
RESOLUTIONS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 2000-141, §73, Laws
of Florida, codified as Section 553.73, Florida Statutes, the Legislature
provided that local governments within the State of Florida would no longer use
the Southern Standard Building Code, the Standard Plumbing Code, the Standard
Mechanical Code, the Standard Gas Code, and other construction-related codes;
WHEREAS, pursuant to Chapter 2000-141, §73,
Laws of Florida, codified as Section 553.73, Florida Statutes, the Legislature
has provided that local governments within the State of Florida will utilize
The Florida Building Code, and that the Florida Building Code will “contain
shall contain provisions or requirements for public and private buildings,
structures, and facilities relative to structural, mechanical, electrical,
plumbing, energy, and gas systems, existing buildings, historical buildings,
manufactured buildings, elevators, coastal construction, lodging facilities,
food sales and food service facilities, health care facilities, including
assisted living facilities, adult day care facilities, hospice residential and
inpatient facilities and units, and facilities for the control of radiation
hazards, public or private educational facilities, swimming pools, and
correctional facilities”;
WHEREAS, the purpose of this Ordinance is to
implement Chapter 2000-141 and other revisions to
WHEREAS, the Town of Melbourne Beach Planning
and Zoning Board, sitting as both the Planning and Zoning Board and the Local
Planning Agency, has found and determined that this Ordinance is in the best
interest of the public health, safety, aesthetics, and welfare, and is
consistent with the applicable provisions of the Town’s adopted Comprehensive
Plan; and
WHEREAS, the Town Commission adopts the
findings of the Local Planning Agency as its own,
BE IT
ENACTED BY THE TOWN OF
SECTION
1. That Section 4A-3, Appendix A, of the
Town Code of the Town of Melbourne Beach, Florida, is hereby amended to read as
follows:
No permit shall be
issued to a building contractor, electrical contractor, plumbing contractor, or
any other commercial mechanic requesting to perform a service who does not have
a Certificate of Competency issued by the county or the state for the current
period and who has not complied with all state insurance requirements of the
laws of the state. Homeowners shall comply with any and all requirements
prescribed in the appropriate building or other codes adopted in this chapter.
SECTION 2.
That Section 4A-20, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
[Substantial Rewording of Language. See Section 4A-20.]
§4A-20.
(a) The Florida Building Code and the Florida
Residential Building Code, current editions as mandated by the Florida
Legislature and published by the Florida Building Commission, are hereby
adopted by reference and incorporated herein, as if fully set out.
(b) The
board of adjustment shall serve as the board of adjustment and appeals, as
described in the
(c) Wind
speed zones. The following wind speed zone is hereby established for
the entire town: One hundred thirty
(130) mph, three-second gust.
(d) Wind
exposure categories. The following wind exposure category is hereby
established for the entire town: Exposure "C".
(e) Wind borne debris region. All of the town in the wind borne
debris region.
SECTION 3.
That Section 4A-21, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
The
following appendices of the Florida Building Code 1997 edition of the Standard
Building Code, as revised, are hereby adopted for use within the town: Appendix
A, Appendix D, Appendix G, Appendix H, and Appendix I.
SECTION 4.
That Section 4A-21, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
The 1988 edition of
the Southern Standard Swimming Pool Code, shall be known as the Town of
Melbourne Beach Swimming Pool Code and is hereby adopted by reference and
incorporated herein as if fully set out. The provisions thereof shall be
controlling within the town except to the extent any such provision is in conflict
with the Town Charter or any town ordinance or provision therein. The following
appendices of the 1988 edition of the Standard Swimming Pool Code are hereby
adopted: Appendix A, Appendix B and Appendix C.
SECTION 5.
That Section 4A-23, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
The standards for
Accessibility by Handicapped Persons, Part V, Section 553.45 et seq. Florida
Statutes, shall be known as the Town of Melbourne Beach Standards for
Accessibility by Handicapped and is hereby adopted by reference and
incorporated herein as if fully set out. The provisions thereof shall be
controlling within the town.
SECTION 6.
That Section 4A-24, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
The standards for
manufactured buildings, Florida Administrative Code Chapter 9B-1, shall be
known as the Town of Melbourne Beach Standards for Manufactured Buildings and
is hereby adopted by reference and incorporated herein as if fully set out. The
provisions thereof shall be controlling within the town.
SECTION 7.
That Section 4A-25, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
The Florida Energy
Efficiency Code for Building Construction, 1997 edition, as published by the
State of Florida Department of Community Affairs, shall be known as the
"Town of Melbourne
Beach Thermal Efficiency Code" and is hereby adopted by reference and
incorporated herein, as if fully set out. The provisions thereof for all
new and renovated buildings, except as exempted by law or by rule promulgated
by the Florida Department of Community Affairs, shall be controlling within the
town.
SECTION 8.
That the Town Code of the Town of Melbourne Beach, Florida, is hereby
amended by adding a Section, to be numbered Section 4A-26, Appendix A, which
said section reads as follows:
§4A-26.
The Florida Existing Building Code, most current
edition, as mandated by the Florida Legislature and published by the Florida
Building Commission, is hereby adopted by reference and incorporated herein as
if fully set out.
(a) The Board of Adjustment and Appeals shall
serve as the Board of Adjustment and Appeals for this code.
(b) Appendices
B, C and D of the
Code are hereby adopted.
SECTION 9.
That Section 4A-35, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
All applications for
building permits requiring plan or other approvals by the Florida
Division of Hotels and Restaurants approval of the Hotel/Motel
Restaurant Commission of the state shall be stamped, sealed or and
signed by the duly authorized representative of the aforesaid division State
Commission. All applications for
building permits requiring sanitary facilities shall be accompanied by the
approval of the County Health Department or the County Utilities Department for
sanitary connections.
SECTION 10.
That Section 4A-36, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
(a)
Notwithstanding any provision of the Standard Building Code to the contrary,
all applications for building permits shall state a reasonable completion date
which shall be approved by the Building Official. Every permit issued
hereunder for single-family residence will become invalid if not completed
within 90 days of the completion date, and every permit for multiple-family or
commercial buildings will become invalid if not completed within 360 days of
the completion date.
(b)
Notwithstanding any provision of the Standard Building Code to the contrary,
every permit issued hereunder shall become invalid 90 days after its issuance
unless the work authorized thereunder has been commenced or 90 days after any
commenced work is suspended or abandoned.
(c) The Building
Official may, for just cause shown, extend the time limit of building permits
for an additional 90 days. If such extension is so granted, a fee of 10% of the
original permit cost shall be paid for the extension.
SECTION 11.
That Section 4A-37, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
All parties identified
in § 4A-3 must receive a permit and inspection for the work described
below. The fee schedule for any
permit to be issued pursuant to Chapter 4A shall be provided by the
Town Commission by resolution.
SECTION 12.
That Section 4A-50, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
§4A-50. ELECTRICAL
OODE ADOPTED.
(a) The National Electric Code 1993, NFPA
70, current edition as mandated by the Florida Legislature and published by
the National Fire Protection Association of Quincy, Massachusetts,
02210 and standards set forth in Section 553.19, Florida Statutes, is
hereby adopted by reference by the town and incorporated by reference into
the laws and ordinances of the town as though set forth in full herein as
if fully set out and shall be known as the “Town of Melbourne Beach
Electrical Code”. The provisions
thereof shall be controlling within the town except to the extent any such
provision is in conflict with the Town Charter or any town ordinance or
provision therein.
(b) The
electrical inspector is hereby given the power to disconnect extension cords,
temporary wiring, branch circuits, sub-feed conductors, or the main service
supplying electrical energy to any portion of an electrical wiring system on or
in buildings, or on premises, if this wiring is in the opinion of the inspector
considered to be hazardous to life or property. Any person supplying current
must disconnect service from the source of supply upon instructions from the
electrical inspector where hazards are deemed to exist, after receiving written
notice from the electrical inspector.
(c) The
board of adjustment and appeals shall serve as the board of adjustment
and appeals for this code.
SECTION 13.
That Section 4A-51, Appendix A, of the Town Code of the Town of Melbourne
Beach, Florida, is hereby amended to read as follows:
Reserved.
SECTION 14.
That Section 4A-52, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
All electrical wiring
within or on all buildings hereinafter erected, and all such alterations in and
additions to such wiring in or on buildings now existing shall be installed in
an approved raceway system approved by a testing laboratory listed in the
National Electrical Code, with the equivalent of not less than No. 12 wire,
except that this provision shall not apply to private residences and duplex
apartment buildings.
SECTION 15.
That Section 4A-60, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
The 1988 edition of
the Standard Existing Buildings Code, as published by the Southern Standard
Building Code Congress International, Inc., is hereby adopted by reference by
the town for the purpose of prescribing minimum standards governing the use,
occupancy and maintenance of existing buildings and other physical things and
conditions essential to make existing buildings safe, sanitary and fit for
human habitation. The 1988 edition of the Standard Existing Buildings
Code shall be known as the "Town of Melbourne Beach Existing Buildings Code" and its
adoption by reference incorporates same as if fully set out. The provisions
thereof shall be controlling within the town except to the extent any such
provision is in conflict with the Town Charter or any town ordinance or
provision therein.
SECTION 16.
That Section 4A-63, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
(a) The Standard
Unsafe Building Abatement Code, 1985 edition, as published by the Southern
Building Congress International, Inc., shall be known as a part of the
"Town of Melbourne Beach Unsafe Building Abatement Code" and is
hereby adopted by reference and incorporated herein, as if fully set out.
The provisions thereof, shall be controlling within the town, except to
the extent any such provision is in conflict with the town charter Town
Charter or any town ordinance or provision therein. The board of adjustment and appeals shall
serve as the board of adjustment and appeals for this cod
(b) Amendments
to Standard Unsafe Building Abatement Code. The Standard Unsafe
Building Abatement Code, 1985 edition, is hereby amended as follows:
101.3. The provisions of this code shall
apply to all unsafe buildings or structures, as herein defined, and shall apply
equally to new and existing conditions. Any
reference in this code to the Board of Adjustments and Appeals shall refer to
the Board of Adjustment as created in Chapter 7A, Appendix A, Town Code.
101.4 Alteration,
Repairs or Rehabilitation Work.
101.4.1. Alterations, repairs or rehabilitation
work may be made to any existing building without requiring the building to
comply with all the requirements of the Standard Building Code provided that
the alteration, repair or rehabilitation work conforms to the requirements of
the Standard Building Code as adopted and modified by § 4A-20, Appendix A,
Town Code, for new construction. The Building Official shall
determine, subject to appeal to the Board of Adjustment the extent, if any, to
which the existing building shall be made to conform to the requirements of the
applicable Standard Building Code for new construction.
105 Board of
Adjustment. The
Board of Adjustment shall operate pursuant to the provisions set forth
in §§ 7A-150 through 7A-152, Appendix A, Town Code. Sections 105.1
through 105.5 are hereby deleted from this code.
302
Notice.
302.1.1 Content. The Building Official shall prepare
and issue a notice of unsafe building directed to the owner of record of the
building or structure. The notice shall contain, but not be limited to,
the following information:
* * *
4. A statement advising that any person having any legal interest
in the property may appeal the notice by the Building Official to the Board of
Adjustment; and that such appeal shall be in writing in the form specified in
Section 401 and shall be filed with the Building Official within 30 days from
the date of the notice and that failure to appeal in the time specified will
constitute a waiver of all rights to an administrative hearing.
302.2 Recording of
Notice. If the notice
is not complied with nor an appeal filed within the allotted time, the Building
Official shall file in the Office of the Clerk of the Circuit Court a
certificate describing the property and certifying that the building or
structure is unsafe and that the owner of record has been served. This
certificate shall remain on file until such time as the conditions rendering
the building or structure unsafe have been abated. At such time, the
Building Official shall file a new certificate indicating that corrective
action has been taken and the building or structure is no longer unsafe from
that condition.
401 Right of
Appeal.
401.1 Filing. Any person entitled to service in
accordance with the provisions of Chapter 3 may appeal any action of the
Building Official under this code to the Board of Adjustment. Such appeal
must be filed in writing with the Building Official within 60 days from the
date of service and must contain at least the following information:
1. Identification of the building or structure concerned by street
address or legal description.
2. A statement identifying the legal interest of each appellant.
3. A statement identifying the specific order or section being
appealed.
4. A statement detailing the issues on which the appellant desires
to be heard.
5. The legal signature of all appellants and their official mailing
address.
SECTION 17.
That Section 4A-65, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
[Substantial Rewording of Language. See Section 4A-65.]
§4A-65. STANDARD PLUMBING CODE ADOPTED.
(a) The
Florida Plumbing Code, current edition as mandated by the Florida Legislature,
and published by the Florida Building Commission is hereby adopted by reference
and incorporated herein as if fully set out.
(b) The
board of adjustment and appeals shall serve as the board of adjustment and
appeals for this code.
(c) The
following appendices of the
SECTION 18.
That Section 4A-66, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
The following
appendices of the 1994 edition of the Standard Plumbing Code are hereby
adopted: Appendix A, Appendix B,
Appendix C, Appendix D, Appendix F, Appendix G, Appendix I, and Appendix
J. All other appendices are deleted.
SECTION 19.
That Section 4A-67, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
(a) The Building Official shall act as the
Plumbing Official and as a plumbing inspector. Whenever necessary to make an
inspection to enforce any of the provisions of this Code or whenever the
Plumbing 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 or premises unsafe, dangerous or hazardous, the Plumbing Official may enter
such building or premises at all reasonable times to inspect the same or to perform
any duty imposed upon the Plumbing Official by this Code, provided that if such
building or premises is occupied, he shall first present proper credentials and
request entry. If such building or premises is unoccupied, he shall first make
a reasonable effort to locate the owner and other persons having charge or
control of the building or premises and request entry. If such entry is
refused, the Plumbing Official shall have recourse to every remedy provided by
law to secure entry.
(b) When the Plumbing Official shall have first
obtained a proper inspection warrant or other remedy provided by law to secure
entry, no owner or occupant or any other persons having charge, care or control
of any building or premises shall fail or neglect after proper request is made
and herein provided, to promptly permit entry therein by the Plumbing Official
for the purpose of inspection and examination pursuant to this Code.
SECTION 20.
That Section 4A-68, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
The plans and
specifications and all information filed by an applicant for a plumbing permit
shall be carefully checked by the Plumbing Official to ascertain that the same
comply with and meet the minimum requirement necessary to safeguard life and
limb, health, property and the public welfare, as well as the requirements of
this subchapter and other applicable laws and ordinances.
SECTION 21.
That Section 4A-69, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
The provisions of this
Code are not intended to prevent the use of any material or method of
construction not specifically prescribed by this Code, provided any such
alternate has been approved by the Plumbing Official. The Plumbing Official
shall approve any such alternate, provided he finds that the alternate for the
purpose intended is at least the equivalent of that prescribed in this Code in
quality, strength, effectiveness, durability and safety. The Plumbing Official
shall require that sufficient evidence or proof be submitted to substantiate
any claim made regarding its use.
SECTION 22.
That Section 4A-70, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
Upon notice from the
Plumbing Official, work on any system that is being done contrary to the
provisions of this Code or in a dangerous, unhealthy or unsafe manner, shall
immediately cease. Such notice shall be in writing and shall be given to the
owner of the property or to the owner's agent, or to the person doing the work
and shall state the conditions under which work may be resumed. Where an
emergency exists, the Plumbing Official shall not be required to give a written
notice prior to stopping the work.
SECTION 23.
That Section 4A-71, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
A person, firm or
corporation shall not install, enlarge, alter, repair, improve, remove, convert
or replace any plumbing work or cause the same to be done without first
obtaining a plumbing permit for such plumbing installation from the Plumbing
Official.
SECTION
24. That Section 4A-81, Appendix A, of
the Town Code of the Town of Melbourne Beach, Florida, is hereby amended to
read as follows:
[Substantial Rewording of Language. See Section 4A-81.]
(a) The
Florida Mechanical Code, current edition as mandated by the Florida
Legislature, and published by the Florida Building Commission, is hereby
adopted by reference and incorporated herein as if fully set out.
(b) The
board of adjustment and appeals shall serve as the board of adjustment and
appeals for this code.
SECTION 25.
That Section 4A-82, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
The following
Appendices of the 1997 edition of the Standard Mechanical Code are hereby
adopted for use within the town: Appendix A and Appendix C. All
other appendices are specifically deleted.
SECTION 26.
That Section 4A-83, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
[Substantial Rewording of Language. See Section 4A-83.]
(a) The
Florida Fuel Gas Code, current edition as mandated by the Florida Legislature,
and published by the Florida Building Commission, is hereby adopted by
reference and incorporated herein as if fully set out.
(b) The
board of adjustment and appeals shall serve as the board of adjustment and
appeals for this code.
(c) The
following appendices of the
SECTION 27.
That Section 4A-84, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
The following Appendices
of the 1997 edition of the Standard Gas Code are hereby adopted for use within
the town: Appendix A, Appendix D, and Appendix E. All other
appendices are specifically deleted.
SECTION 28.
That Section 4A-94(a), Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
(a) General standards. In all areas of special flood hazard the
standards set forth in ASCE 24-05 Flood Resistant Design and Construction as
well as the following provisions are required:
(1) New construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement of the
structure.
(2) Manufactured homes shall be anchored to prevent flotation,
collapse or lateral movement. Methods of anchoring may include, but are not
limited to, use of over-the-top or frame ties to ground anchors. This standard
shall be in addition to and consistent with applicable state requirements for resisting
wind forces.
(3) New construction and substantial improvements
shall be constructed with materials and utility equipment substantially
resistant to flood damage.
(4) New construction or substantial improvements
shall be constructed by methods and practices that minimize flood damage.
(5) Electrical, heating, ventilation, plumbing,
air conditioning equipment, and other service facilities shall be designed
and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
(6) New and replacement water supply systems
shall be designed to minimize or eliminate infiltration of flood waters into
the system.
(7) New and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration of flood waters into
the systems and discharges from the systems into flood waters.
(8) On-site waste disposal systems shall be
located and constructed to avoid impairment to them or contamination from them
during flooding.
(9) Any alteration, repair, reconstruction, or
improvements to a structure on which is in compliance with the provisions of
this article meet the requirements of new construction as contained in this
article.
* * *
SECTION 29.
That Section 4A-123(a), Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
(a)
Major structures.
(1) Major structures shall conform to the state
minimum building code in effect in the jurisdiction.
(2) Major structures shall also be designed,
constructed, and located in compliance with National Flood Insurance Program
regulations as found in 44 C.F.R. Parts 59 and 60 or §§ 4A-85 through
4A-98 (flood damage prevention), whichever is more restrictive.
(3) Major structures shall, at a minimum be
designed and constructed in accordance with the Florida Building Code, utilizing
a wind speed zone of 130 mile per hour 3-second gust §1205 of the
Standard Building Code, as required by Rule 9B-3.047, Florida Administrative
Code, using a fastest mile-wind velocity of 110 miles per hour.
(4) Foundation design and construction of a major
structure shall consider all anticipated loads resulting from a 100-year storm
event, including wave, hydrostatic, and hydrodynamic loads acting
simultaneously with live and dead loads. Erosion computations for
foundation design shall account for all vertical and lateral erosion and
scour-producing forces, including localized scour due to the presence of
structural components. Foundation design and construction shall provide
for adequate bearing capacity taking into consideration the anticipated loss of
soil above the design grade as a result of localized scour. The erosion
computations required by this division (a)(4) do not apply landward of coastal
construction control lines which have been established or updated since
SECTION 30.
That Section 4A-141, Appendix A, of the Town Code of the Town of Melbourne
Beach, Florida, is hereby amended to read as follows:
The Building Official
shall also act as ex officio Electrical Inspector and Plumbing Inspector of the
town.
SECTION 31.
That Section 4A-142, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
(a) Whoever
shall violate this chapter for which another penalty has not been provided
shall be fined not more than $500 or imprisoned for a term not exceeding 60
days, or both. Each day any violation of any provision shall continue shall
constitute a separate offense.
(b) Violation of
the provisions of §§ 4A-85 through 4A-98 or failure to comply with any of
its requirements, including violation of conditions and safeguards established
in connection with grants of variance or special exceptions, shall constitute a
misdemeanor. Any person who violates §§ 4A-85 through 4A-98 or fails to
comply with any of its requirements shall, upon conviction thereof be fined not
more than $500 or imprisoned for not more than 30 days, or both, and, in
addition, shall pay all costs and expenses involved in the case. Each day such
violation continues shall be considered a separate offense. Nothing herein
contained shall prevent the town from taking such other lawful action as is
necessary to prevent or remedy any violation.
SECTION 32.
That Section 4A-145, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
(a) Building permits required.
(1) No building or other structure shall be
erected, moved, added to, or structurally altered without a permit therefor,
issued by the Building Official. No building permit shall be issued except in
conformity with the provisions of this chapter, except after written order from
the Board of Adjustments in the form of an administrative review, exception, or
variance as provided by this chapter.
(2) Every contractor or subcontractor shall, as a
condition to receiving a building permit and as required by Section 440.10(1),
Florida Statutes, show proof that he has compensation for his employees
pursuant to state workers' compensation laws.
(3) The issuance of a permit upon plans and
specifications shall not prevent the Building Official from thereafter
requiring the correction of errors in those plans and specifications or
preventing the building operations from being carried on thereunder when in
violation of this chapter, or any town ordinance.
(b) Application for building permit.
(a) (1)
If the application structure is for a commercial structure or an
expansion of a commercial structure, the applicant must follow additional
procedures outlined in § 7A-51. The Building Official can issue a
building permit for commercial structures only following procedures outlined in §
7A-51.
(b) (2) All applications for building permits for any
structure and its accessory buildings, shall be accompanied by a scale drawing
at a scale acceptable to the Building Official, in duplicate showing the
following:
(1) a.
The actual dimensions and shape of the lot or lots to be built upon,
including the location and actual boundaries of abutting watercourses and
waterbodies;
(2) b. The exact sizes and locations
on the lot of buildings already existing, if any;
(3) c. The location and dimensions
of the proposed buildings or alterations;
(4) d. When applicable, the required
parking spaces, loading and unloading spaces, maneuvering space, and openings
for ingress and egress;
(5) e. When applicable, grading and
drainage plans showing any and all cuts, fills, and provisions for adequately
carrying off surface water on premises, plus provisions for any surface water
which would naturally flow over or through the area;
(6) f.
Such other information as lawfully may be required
by the Building Official, including existing or
proposed building or alteration; existing or proposed uses of the building and
land; the number of families, housekeeping units, or rental units the building
is designed to accommodate; conditions existing on the lot; and such other
matters as may be necessary to determine conformance with, and provide for the
enforcement of this chapter; and
(7) g.
Attach proof that he has secured compensation, required by Section
440.10(1), Florida Statutes, for his employees as provided under the state
Workers' Compensation laws.
(c) (3)
One copy of the plans shall be returned to the applicant by the Building
Official after he shall have marked such copy either as approved or disapproved
and attested same by his signature on such copy. The original, similarly
marked, shall be retained by the Building Official.
(c) Expiration of building permits. If the work
described in any building permit has not begun within 90 days from the date of
issuance thereof, the permit shall expire. If the work described in any
building permit has not been substantially completed within six months of the
issuance thereof, the permit approved shall expire.
SECTION 33.
That Section 4A-146, Appendix A, of the Town Code of the Town of Melbourne
Beach, Florida, is hereby amended to read as follows:
No land or building or
part thereof hereafter erected or altered in its use or structure shall be used
or occupied until the Building Official shall have issued a certificate of
occupancy stating that such land, building, or part thereof, and the proposed
use thereof are found to be in conformity with the provisions of this chapter. Within three days after notification that a
building or premises, or part thereof, is ready for occupancy or use, it shall
be the duty of the Building Official to make a final inspection thereof and to
issue a certificate of occupancy if the land, building, or part thereof and the
proposed use thereof are found to conform with the provisions of this chapter;
or, if such certificate is refused, to state such refusal in writing with the
cause. Before a certificate of occupancy is issued, all plumbing and
electrical wiring shall be 100% completed and approved.
SECTION 34.
That Section 4A-146, Appendix A, of the Town Code of the Town of
Melbourne Beach, Florida, is hereby amended to read as follows:
No certificate of
occupancy shall be issued unless buildings have been constructed compliance
with the requirements of the Standard Building Code.
SECTION 35.
Severability/Interpretation Clause.
(a)
In the event that any term, provision, clause, sentence or section of
this Ordinance shall be held by a court of competent jurisdiction to be
partially or wholly unenforceable or invalid for any reason whatsoever, any
such invalidity, illegality, or unenforceability shall not affect any of the
other or remaining terms, provisions, clauses, sentences, or sections of this
Ordinance, and this Ordinance shall be read and/or applied as if the invalid,
illegal, or unenforceable term, provision, clause, sentence, or section did not
exist.
(b) In
interpreting the provisions of this Ordinance, the following rules and symbols
shall apply:
(1)
Words underlined are additions to existing text.
(2)
Words stricken through are deletions from existing text.
(3)
Asterisks (* * *) indicates a deletion from the Ordinance of text
existing in the Code of Ordinances. It
is intended that the text in the Code of Ordinance denoted by the asterisks and
not set forth in this Ordinance shall remain unchanged from the language
existing prior to adoption of this Ordinance.
SECTION
36. Ordinances and Resolutions in
Conflict. All ordinances or resolutions
or parts thereof that may be determined to be in conflict herewith, except
portions of the Comprehensive Plan, are hereby repealed.
SECTION
37. Effective Date. This Ordinance shall become effective upon
adoption.
PASSED by the Town
Commission of the Town of Melbourne Beach on first reading on the ___ day of February,
2008, and ADOPTED by the Town Commission of the Town of Melbourne Beach,
Florida, on final reading on the ___ day of March, 2008.
TOWN OF
By:____________________________
William G. Stacey, Mayor
ATTEST:
(TOWN SEAL)
_______________________
Lenore
R. Milan, CMC,
Town
Clerk