1998¦1<
ORDINANCE NO. ]99g
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ARTICLE V, MARINE IMPROVEMENTS, OF
CHAPTER 7, BUILDINGS, OF THE CODE OF ORDINANCES
OF THE CITY OF CLEARWATER, FLORIDA, 1962, TO
SET MINIMUM SPECIFICATIONS FOR THE CONSTRUCTION
OF DOCKS, PIERS AND WHARVES; TO REQUIRE PERMITS
FOR CONSTRUCTION OF DOCKS, PIERS AND WHARVES;
TO REQUIRE PERSONS, FIRMS OR CORPORATIONS TO
OBTAIN CERTIFICATES OF COMPETENCY FOR CON-
STRUCTION OF ALL DOCKS, PIERS AND WHARVES;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO
THE EXTENT OF SUCH CONFLICT; PROVIDING PENALTIES
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR THE SEPARABILITY OF THE PROVISIONS HEREOF;
DECLARING THAT A PUBLIC EMERGENCY EXISTS
AFFECTING THE HEALTH, SAFETY AND WELFARE
OF THE CITIZENS OF THE CITY; AND PROVIDING FOR
THE EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the current Code of Ordinances of the City of Clearwater
contains no minimum standards governing the construction, repair or
replacement of docks, piers or wharves; and
WHEREAS, the City of Clearwater, being a water oriented community
with numerous docks, piers and wharf facilities, is in need of such a
minimum code; and
WHEREAS, an emergency exists within the City of Clearwater in
that it is immediately necessary to provide such a construction code for
preserving the safety of the citizens of the City of Clearwater;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA;
Section 1. Section 7-81, Permit, required, of Article V, Marine
Improvements, of Chapter 7, Buildings, of the Code of Ordinances of the
City of Clearwater, Florida, 1962, is hereby amended to read as follows:
Section 7-51. Permit, required.
No sea wall, bulkhead, 40-ckz-pies, groin, marine improve-
ment, bridge, or other similar marine structure of any nature
shall be built within the city until the city building official shall
first issue a permit therefor, after the approval of the city
engineer, upon written application and detailed plans and specifi-
cations therefor having been duly submitted. Said plans and
specifications shall be prepared by an engineer duly registered
in the state, and said plans and specifications shall bear the
seal of said engineer. The city engineer is authorized to establish
minimum specifications for all such marine improvements, bridges,
or other similar marine structures, and is hereby authorized to
approve or disapprove said plans and specifications in his sound
discretion.
Ord 1998 -'emergency
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9/6/79
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Section Z. Article V, Marine Improvements, of Chapter 7, Buildings,
of the Code of Ordinances of the City of Clearwater, Florida, 1962, is hereby
amended to enact the following new sections:
Section 7-83. Definitions.
As used in L%is ordinance, the following words and
terms shall have the following meaning unless a different
meaning is clearly intended:
(a) "City" shall mean, the City of Clearwater, Florida.
(b) "Commercial dock" shall mean any dock used in connection
with or owned by a hotel'. motel, apartment house (three or
more units), condominium, cooperative apartment, restaurant,
social or fraternal club or organization, or commercial enter-
prise of any type whatsoever.
(c) "Residential dock" shall mean any dock which will be
used by an individual owner, his family and friends and
not included in (b) above.
(d) "Navigable waters", as used in this ordinance, shall mean
any stream or body of water which can be put to public use
whether or not it can be used for commercial navigation.
(e) "Construction" as used in this ordinance shall mean
completely new work, repairs, replacements and extensions
to existing structures except that it shall not include the
repair or replacement of decking, stringers, railing, lower
landings or the patching or reinforcing of existing piling on
private and commercial docks for which a City permit was
originally issued.
(f) Where lumber sizes are referred to herein they refer to
nominal sizes.
(g) "Dock" as used in this article shall mean any structure,
otherwise known as a pier, wharf, or loading platform,
which is constructed on piling, over open water, or which
is supported by flotation on the water.
(h) "Tie piles" when used in this ordinance shall include dolphins
or mooring piles which are placed to provide anchorage,
mooring or space for a ship or boat.
(i) "Property line", as used in this ordinance, shall mean
those lines described in the legal description of the applicant's
recorded deed.
Section 7-84. Maximum width, length and position of residential
docks, piers and wharves.
(a) All residential docks to be constructed in navigable waters
of the City of Clearwater shall be constructed so that the
width of same shall not exceed twenty-five per cent (25%)
of the width of the property involved at the waterfront and shall
be further constructed so that the length of the dock shall not
extend further from the water line of the property than one-
half the width of the property at the waterfront or one-fourth
the width of the waterway.
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_(b) All residential docks to be constructed on waterfront
property of less than 60 feet frontage must be so located
that no, portion of the proposed dock is closer to either
extended property line than one-third of the waterfront
measurement. All residential docks to be constructed
on waterfront property of more than 60 foot frontage must
be located at least 20 feet from either adjacent extended
property line.
Section 7-85. Minimum specifications for residential
dock construction,
(a) All piling shall be of precast concrete testing 3000 pounds
or better in twenty-eight (28) days or of creosoted piles,
pressure treated to twenty-two (22) pounds of a minimum tip
size of six (6) inches in diameter and a minimum butt size
nine (9) inches diameter; or Southern Pine piles conforming
to physical quality to Specifications ASTM D25-55, which
have been treated in conformance with AWPA Standard C-3
with Chromated Copper Arsenate (CCA - Type A, B or C)
in accordance with AWPA Standard P-5, and which have
minimum butt and tip sizes equal to those specified for
creosoted piles above. When Southern Pine piles treated
with CCA - Type A, B or C are used, analysis by assay
extraction in accordance with AWPA Standard A-2 may be
required to show a minimum retention and distribution of
solid preservative of 2. 5 p. c. f. in the zone 0" to 1. 511 from
the surface and 1. 5 p. c. f. in the zone 1.5" to 2. 0" from the
surface. Concrete piling shall be at least eight inches (811)
square in cross-section. In no event shall penetration be
less than 61011, providing however that this penetration does
not create a hardship due to rock or impenetrable material.
(b) Concrete piling shall incorporate at least four (4) one-half
inch (1/211) diameter steel rods running the entire length
thereof and covered by at least two inches (211) of concrete,
(c) Tie piling shall project above the surface of the water or
-land only as high as may be reasonably necessary for use
and application, and all such piling shall be either twenty-
two (22) pound pressure treated creosote wood or concrete,
or Southern Pine Piling treated in conformance with AWPA
Standard C-3 with Chromated Copper Arsenate (CCA) Type A, B
or C, and as approved by the City of Clearwater Engineering
Department.
(d) All fastenings shall be hot-dip galvanized or better.
(e) All other timber shall be pressure treated.
(f) Span spacing between pile bents shall not exceed 1210".
For timber decked dock construction, the second bent
shall not exceed 1210" in front of the beginning of the dock.
Outside stringer systems shall be doubled 2" x 8" pressure
treated timber or greater. 5/8" diameter galvanized bolts
or greater are to be used for attachment of stringers to caps
on piling. Intermediate stringers shall be single 2" x 8" with
a maximum 310" on-center spacing. Decking shall be 201 x 611,
211 x 811 size, or greater, pressure treated timber.
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9/6/79
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(g) All floating private docks to be constructed in the
City of Clear water must have a minimum of .20 pounds
per square foot floatation.
(h) All floating docks to be utilized as commercial structures
in the City of Clem water must have an engineer's signature
and seal affixed to said plans.;`
(i) Covered Boat Lifts wF:.
(1)All roof designs must conform to the Southern
Building Code applicable to the type of construction:.';`;' ,'-
being used to cover the lift.
(Z) In no case shall administrative approval be given ' ,{fy ? ? `t
for the enclosing of the sides of any boat lift.'
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Section 7-86. Minimum Specifications for Commercial Docks,;
(a) Commercial docks shall be constructed in such a manner
as to equal or better the construction requirements set
out herein for residential docks.
(b) All commercial dock applications, except for applications
for the piling only, shall require the signature and seal
of a Florida Registered Engineer to be affixed to
the plans submitted for approval.
Section 7-86. 1 Variance Requirements
(a) The Board of Adjustment and Appeal on Zoning shall
have the power to grant variances from the minimum
standards relating to width, length and position standards
contained in this ordinance, upon formal application being
made to the Board pursuant to Section 35. 09 of the Clearwater
Code of Ordinances and for good cause shown.
(b) The Board of Adjustment and Appeal on Building shall
have the power to grant variances from any of the minimum
standards relating to construction material requirements
contained in this ordinance, upon application being made
to the Board and for good cause shown.
Section 7-86.2 Permits Required
(a) No person, firm or corporation shall undertake construction,
as defined in this ordinance, of any commercial or residential
dock on any of the navigable water in the City of Clearwater
without having first obtained a permit from the Building
Department.
(b) Any person, firm or corporation undertaking any of the
following activities on the navigable water of Clearwater,
Florida, shall be required to obtain a permit'from the
Building Department. Permits shall be required for:
(1) The installation, placement or replacement of tie piles.
(2) Any repairs to a dock or replacement of a portion thereof.
(3) Placement or replacement of any pilings.
(4) Removal of any dock..
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(c) The documents required to be submitted in support of M
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the application for permits issued pursuant to subsections
(a) and (b) of this section, which documents may include, N.N13s;?,'{
but shall in no way be limited to, plans and specifications, ? ,•,..
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architectst drawings, surveys, construction contracts and .
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other pertinent information which the Building Official deems
necessary for proper consideration of the application. ° =`;•; ;;
(d) Permits, for docks, issued by the Building Department
shall be effective for six (6) months from date of issuance.
Such permits may be renewable for an additional term of
ninety (90) days upon the written request of the applicant at :'. .::,i`V . _ •
least thirty (30) days prior to the expiration date of the :?. + i`,.::s'.;;;?•+?'•s- 5' ,
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permit and for justifiable cause
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Section 7-86. 3 Disrepair or Dilapidated Docks
If any pier or dock, presently existing, constructed hereunder
or continued in existence hereunder is permitted to fall into
disrepair so as to become a dangerous structure involving risks
to the safety and well being of the community or individual members
thereof such structure must either be removed or repaired so as
to conform with the requirements of this ordinance. Upon deter-
mination by the Building Official or his designated representative
that any pier or dock has become a dangerous structure, written
notice thereof shall be given by registered or certified mail. Any
party so informed shall have thirty (30) days from the date of the
notice within which to remove or repair said structure to conform
with the requirements of this ordinance.
Section 7-86.4 Periodic Inspection Requirements
(a) All existing commercial docks and all docks hereinafter
constructed containing forty (40) or more slips shall be
inspected to determine their, condition and compliance
with the minimum standards of this code with such
inspection to be conducted at three (3) year intervals
by an engineer trained in the construction of such docks
and the owner of such docks shall submit a report bearing
seal of such engineer to the Building Official or his
designated representative demonstrating that such dock
or docks whether presently existing or hereinafter constructed,
comply with the minimum standards set forth in this code.
(b) The first inspection report to be submitted pursuant to this
code shall be submitted no later than ninety (90) days after
the ordinance becomes effective. Upon the ordinance becoming
effective, the Building Official or his designated representative
shall immediately notify the owner or owners of all existing
docks, piers or wharves of the requirement for an inspection
as imposed by this section. Subsequent inspection shall occur
following the expiration of a three (3) year period.
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Ord .19 9 8 , emergency
9/6/'79
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Section 7-86.5 Certificate of Competency
All persons, firms or corporations prior to commencing
construction or repair or replacement of any dock, pier
or wharf subsequent to the effective date of this ordinance
shall present to the Building Official or his designated
representative evidence that such person, firm or corporation
holds a certificate of competency issued by the Pinellas County
Building Advisory Board.
Section 7-86.6 County Ordinance Not Applicable
The area included within the corporate limits of the City of
Clearwater, Florida, is deleted from the provisions of
Pinellas County Ordinance No. 70-2, as amended, entitled:
An ordinance setting minimum specifications for
the construction of docks, piers and wharves;
requiring permits for construction of docks, piers,
and wharves, and the charging of fees therefor;
requiring persons, firms or corporations to obtain
certificates of competency for construction of all
docks, piers and wharves when construction is to
commence subsequent to the effective date hereof;
requiring all persons, firms or corporations, upon
issuance of certificate of competence, to post a
FIVE THOUSAND ($5, 000. 00) DOLLAR surety bond
to secure faithful performance of contracts; pro-
viding penalties for violation of any of the provisions
hereof; providing an effective date
and said ordinance and any amendment or substitutions thereto
shall have no effect within the City of Clearwater, Florida.
Section 3. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 4. Any person, organization, society, association or
corporation, or any agent or representative thereof, who shall violate the
provisions of this ordinance shall be subject, upon conviction, to a fine not
to exceed the sum of Five Hundred Dollars ($500.00), or imprisonment for
not exceeding sixty (60) days, or by both such fine and imprisonment in the
discretion of the Judge.
Section 5. Should any section, paragraph, sentence or word of this
ordinance be declared for any reason to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
:Ord ; x,99'8 ?meicgency
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9/6/•79
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Section 6. This ordinance is adopted as an emergency ordinance
pursuant to Section 166.041, Florida Statutes, and the Clearwater City
Charter.
Section 7. It is hereby found, determined and declared that this
ordinance is necessary and urgently needed for the preservation of the health,
safety and welfare of the citizens and inhabitants of the City of Clearwater,
in that passage of this ordinance is required in order to provide minimum
standards to govern the construction, maintenance, repair and replacement
of existing and newly constructed docks, piers and wharves, thereby providing
for the safety of all citizens who might use such facilities; by reason of such
fact an emergency is hereby declared; and that this ordinance shall be in
full force and effect immediately upon its passage. This ordinance shall
automatically expire ninety (90) days from the date of its passage unless
the ordinance is submitted during such time for consideration as a non-
emergency ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Attest:
QL
City Clerk
-7-
September 6, 1979
September 6, 1979
ayor- Commis sioner
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' ;,?' ?? CLEARWATER SUN RECEIVED
??•-? Published Daily
` • x?i'h
t•. Clearwater, Pinellas County, Florida OCT 5 1979
STATE OF FLORIDA
1 ?a y r?k "''=-. •t. COUNTY OFI'INF.I.LA8,
Before the undersigned authority personally appeared Nlnxlnc•}ij?tlf?aLt?o an oath
66.
says that site Is the Classified Sales Manager of the Clearwater Sun, a ally nc per pub•
fished at Clearwater In Pinellas County, Florida-, that the attached copy of advertisement,
?`?'?, -`? ?; , '"?•v ;'???,? b[inga.i?q?#•??..4?.?x.?P??e.d..?ne?chml?n?..o.f..ozd...inthematlcraf
...........................Qi'.d?41aa11G?...'.8..1.998.?20.Q3.,20.0?, 20?C
;?? ? . r } M1 ? ;, >: s X]CX$]I , . , . , ......Court was published In
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sold newspaperintheissuesof...O.GX... A,• . 3.9 •••••••••••••••••••••••••••" •.
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.................................................................................
Afflant further says that the said Clearwater Sun Is a newspaper published at Clear
water, in said Pinellas County. Florida. and that the said newspaper has heretofore becrl
continuously published in said Pinellas County, Florida, each day and has been entered rib
second class mail matter at the post office In Clearwater, In said Pinellas County, Florida,
>'+ a Cr oa period of one year next preceding the first publication of the attached copy of adver.
S , ?.v,_I tisemenl; and atfiant further says that she tins neither paid nor promised any person, firm
or or corporation any discount, rebate, commission or refund for the purpose of securing thl:
advertisement for publicallut, in the said newspaper.
Sworn to and subscribed tkfore me
this ...th........... aa' 01tabax.:.,n.n.1979
?rr ?OIA",Y 11?L1', 57kiC el YrpRlp
... MY C IN13910 C1P14ts ?!:'Y
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4
ORDINANCE NO. 1998
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ARTICLE V, MARINE IMPROVEMENTS, OF
CHAPTER 7, BUILDINGS, OF THE CODE OF ORDINANCES
OF THE CITY OF CLEARWATER, FLORIDA, 1962, TO
SET MINIMUM SPECIFICATIONS FOR THE CONSTRUCTION
OF DOCKS, PIERS AND WHARVES; TO REQUIRE PERMITS
FOR CONSTRUCTION OF DOCKS, PIERS AND WHARVES;
TO REQUIRE PERSONS, FIRMS OR CORPORATIONS TO
OBTAIN CERTIFICATES OF COMPETENCY FOR CON-
STRUCTION OF ALL DOCKS, PIERS AND WHARVES;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO
THE EXTENT OF SUCH CONFLICT; PROVIDING PENALTIES
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR THE SEPARABILITY OF THE PROVISIONS HEREOF;
DECLARING THAT A PUBLIC EMERGENCY EXISTS
AFFECTING THE HEALTH, SAFETY AND WELFARE
OF THE CITIZENS OF THE CITY; AND PROVIDING FOR
'THE EFFECTIVE DATE OF THIS ORDINANCE; AND .PROVIDING
FOR PROPER NOTICE OF PROPOSED ENACTMENT.
WHEREAS, the current Code of Ordinances of the City of Clearwater
contains no minimum standards governing the construction, repair or
replacement of docks, piers or wharves; and
WHEREAS, the City of Clearwater, being a water oriented community
with numerous docks, piers and wharf facilities, is in need of such a
minimum code; and
WHEREAS, an emergency exists within the City of Clearwater in
that it is immediately necessary to provide such a construction code for
preserving the safety of the citizens of the City of Clearwater;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. Section 7-81, Permit, required, of Article V, Maxine
Improvements, of Chapter 7, Buildings, of the Code of Ordinances of the
City of Clearwater, Florida, 1962, is hereby amended to read as follows:
Section 7-81. Permit, required..
No sea wall, bulkhead, 4oc4c7-pi-&x6, groin, marine improve-
ment, bridge, or other similar marine structure-of any nature
shall be built within' the city until the city building official shall
first issue a permit therefor,' after the approval of the city
engineer, upon written application and detailed plans and specifi-
cations therefor having been duly submitted. Said plans and
specifications shall be prepared by an engineer duly registered
in the state, and said plans and specifications shall bear the
seal of said engineer. The city engineer is authorized to establish
minimum, specifications for all such marine improvements, bridges,
or other smear marine structures, and is hereby authorized to
approve or disapprove said plans and specifications in his sound
discretion.
,•1.10/18/79 .
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Section 2. Article V, Marine Improvements, of Chapter 7, Buildings,
of the Code of Ordinances of the City of Clearwater, Florida, 1962, is hereby
amended to enact the following new sections:
Section 7-83. Definitions.
As used in this ordinance, the following words and
terms shall have the following meaning unless a different
meaning is clearly intended:
(a) "City" . shall mean- the City of Clearwater, Florida.
(b) "Commercial dock" shall mean any dock used in connection
with or owned by a hotel, motel, apartment house (three or
more units), condominium, cooperative apartment, restaurant,
social or fraternal club or organization, or commercial enter-
prise of any type whatsoever.
(c) "Residential docks" shall mean any dock which will be
used by an individual owner, his family and friends and
not included in (b) above.
is
(d) "Navigable waters", as used in this ordinance, shall mean
any stream or body of water which can be put to public use
whether or not it can be used for commercial navigation.
(e) "Construction" as used, in this ordinance shall mean
completely new work, repairs, replacements and extensions
to existing structures except that it shall, not include the
repair or replacement of decking, stringers, railing, lower
landings or the patching or reinforcing of existing pilling on
private and commercial docks for which a City permit was
originally issued.
(f) Where lumber sizes are referred to herein they refer to
nominal sizes.
(g) "Dock" as used in this article shall mean any structure,
otherwise known as a pier, wharf, or loading platform,
which is constructed on piling, over open water, or which
is supported by flotation on the water.
(h) "Tie piles" when used in this ordinance shall include dolphins
or mooring piles which are placed to provide anchorage,
mooring or space for a ship or boat.
(i) "Property line", as used in this ordinance, shall mean
those lines described in the legal description of the applicant's
recorded deed.
Section 7-84. Maximum, width, length and position of residential
docks, piers and wharves.
(a) . All residential docks to be constructed in navigable waters
of the City of Clearwater shall be constructed so that the
width of same shall not exceed twenty-five per cent (2576)
of the width of the property involved at the waterfront and shall
be further constructed 'so that the length of the dock shall not
extend further from the water line of the property than one-
half the width of the property at the waterfront or one-fourth
the width of the waterway.
Ord. #1498 10/18/74
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(b) All residential docks to be constructed an waterfront
property of less than 60 feet frontage must be so located
that no portion of the proposed dock is closer to either
extended property line than one-third of the waterfront
measurement. All residential docks to be constructed
on waterfront property of more than'60 foot frontage must
be located at least 20 feet from either adjacent extended
property line,
Section 7-85. Minimum specifications for residential
dock construction.
(a) All piling shall be of precast concrete testing 3000 pounds
or better in twenty-eight (2$) days or of creosoted piles,
pressure treated to twenty-two (22) pounds of a minimum tip
size of six (6) inches in diameter and a minimum butt size
nine (9) inches diameter; or Southern Pine piles conforming
to physical quality to Specifications ASTM D25-55, which
have been treated in conformance with AWPA Standard C-3
with Chromated Copper Arsenate (CCA - Type A, B or C)
in accordance with AWWPA Standard P-5, and which have
minimum butt and tip sizes equal to those specified for
creosoted piles above. When Southern Pine piles treated
with CCA - Type A, B or C are used, analysis by assay
extraction in accordance with AWPA Standard A-2 may be
required to show a minimum retention and distribution of
solid preservative of 2. 5 p. c. f. in the zone 0" to 1.5" from
the surface and 1.5 p. c. f. in the zone 1.5" to 2. 0" from the
surface. Concrete piling shall be at least eight inches (811)
square in cross-section. In no event shall penetration be
less than 610", providing however that this penetration does
not create a hardship due to rock or impenetrable material.
(b) Concrete piling shall incorporate at least four (4) one-half
inch (1/211) diameter steel rods running the entire length
thereof and covered by at least two inches (2") of concrete.
(c) Tie piling shall project above the surface of the water or
land only as high as may be reasonably necessary for use
and application, and all such piling shall be either twenty-
two (22) pound pressure treated creosote wood or concrete,
or Southern Pine Piling treated in conformance with AWPA
Standard C-3 with Chromated Copper Arsenate (CCA) Type A, B
or C, and as approved by the City of Clearwater Engineering
Department.
(d) All fastenings shall be hot-dip galvanized or better.
(e) All, other timber shall be pressure treated.
(f) Span spacing between pile bents shall not exceed 1210".
For timber decked dock construction, the second bent
shall not exceed 1210" in front of the beginning of the dock.
Outside stringer systems shall be doubled 2" x $" pressure
treated timber or greater. 5/8" diameter galvanized bolts
or greater are to be used for attachment of stringers to caps
on piling. Intermediate stringers shall be single 2" x 8" with
a maximum 310" on-center spacing. Decking shall be 2" x 6110
21t x $" size, or greater, pressure treated timber. .
X1998.
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(g) All floating private docks to be constructed in the
City of Clearwater must have a minimum of 20 pounds
per square foot floatation.
(h) All floating docks to be utilized as commercial structures
in the City of Clear water must have an engineer's signature
and seal affixed to said plans.
(i) Covered Boat Lifts
(1)All roof designs must conform to the Southern
Building Code applicable to the type of construction : ,*' ' r?A• ";, :i'_
being used to cover the lift.
des*?? .;Ya?t?-?? (2) In no case shall administrative approval be given .,"' 4' .gyp t 4 `
for the enclosing of the sides of any boat lift.`,
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Section 7-86. Minimum Specifications for Commercial Docks
(a) Commercial docks shall be constructed in such a manner
as to equal or better the construction requirements set
out herein for residential docks.
(b) All commercial dock applications, except for applications
for the piling only, shall require the signature and seal
of a Florida Registered Engineer to be affixed to
the plans submitted for approval.
Section 7-86.1 Variance Requirements
(a) The Board of Adjustment and Appeal on Zoning shall
have the power to grant variances from the minimum
standards relating to width, length and position standards
contained in this ordinance, upon formal application being
made to the Board pursuant to Section 35.09 of the Clearwater
Code of Ordinances and for good cause shown.
(b) The Board of Adjustment and Appeal on Building shall
have the power to grant variances from any of the minimum
standards relating to construction material requirements
contained in this ordinance, upon application being made
to the Board and for good cause shown.
Section 7-86.2 Permits Required
(a) No person, firm or corporation shall undertake construction,
as defined in this ordinance, of any commercial or residential
dock on any of the navigable water in the City of Clearwater
without having first obtained a permit from the Building
Department.
(b) Any person, firm or corporation undertaking any of the
following activities on the navigable water of Clearwater,
Florida, shall be required to obtain a permit'from the
Building Department. Permits shall be required for:
(1) The installation, placement or replacement of tie piles.
(2) Any repairs to a dock or replacement of a portion thereof.
(3) Placement or replacement of any pilings.
(4).Re.noval of any dock.
., -4 10/18/79
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(c p The documents required to be submitted in stiY` V6rt of
the application for permits issued pursuant to subsections
(a) and (b) of this section, which documents may include,
but shall in no way be limited to, plans and specifications,
architects' drawings, surveys, construction contracts and
other pertinent information which the Building Official deems
necessary for proper consideration of the application.
(d) Permits, for docks, issued by the Building Department
shall be effective for six (6) months from date of issuance.
Such permits ma; be renewable for an additional term of
ninety (90) days upon the written request of the applicant at
least thirty (304. days prior to the expiration date of the
permit and for justifiable cause. '
Section 7-86. 3 Disrepair or Dilapidated Docks
If any pier or dock, presently existing, constructed hereunder
or continued in existence hereunder is permitted to fall into
disrepair so as to become a dangerous structure involving risks
to the safety and well being of the community or individual members
thereof such structure must either be removed or repaired so as
to conform with the requirements of this ordinance. Upon deter-
mination by the Building Official or his designated representative
that any pier or dock has become a dangerous structure, written
notice thereof shall be given by registered or certified mail. Any
party so informed shall have thirty (30) days from the date of the
notice within which to remove or repair said structure to conform
with the requirements of this ordinance.
Section 7-86.4 Periodic Inspection Requirements
(a) All existing commercial docks and all docks hereinafter
constructed containing forty (40) or more slips shall be
inspected to determine their condition and compliance
with the minimum standards of this code with such
inspection to be conducted at three (3) year intervals
by an engineer trained in the construction of such docks
and the owner of such docks shall submit a report bearing
seal of such engineer to the Building Official or his
designated representative demonstrating that such dock
or docks whether presently existing or hereinafter constructed,
comply with the minimum standards set forth in this code.
(b) The- first inspection report to be submitted pursuant to this
code shall be submitted no later than ninety (90) days after
the ordinance becomes effective. Upon the ordinance becoming
effective, the Building Official or his designated representative
shall immediately notify the owner or owners of all existing
docks, piers or wharves of the requirement for an inspection
as imposed by this section. Subsequent inspection shall occur
following the expiration of a three (3) year period.
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n 7-86.5 Certificate of Competency ?.
All persons; firms or corporations prior to commencing
construction or,repair or replacement of any dock, pier
or wharf subsequent to the effective date of this ordinance
shall present to the Building Official or his designated
representative evidence that such person, firm or corporation
holds a certificate of competency issued by the Pinellas County
'Building Advisory Board.
Section 7-86.6 County Ordinance Not Applicable
The area included within the corporate limits of the City of
Clearwater, Florida, is deleted from the provisions of
Pinellas County Ordinance No. 70-2, as amended, entitled:
An ordinance setting minimum specifications for
the construction of docks, piers and wharves;
requiring permits for construction of docks, piers,
and wharves, and the charging of fees therefor;
requiring persons, firms or corporations to obtain
certificates of competency for construction of all
docks, piers and wharves when construction is to
commence subsequent to the effective date hereof;
requiring all persons, firms or corporations, upon
issuance of certificate of competence, to post a
FIVE THOUSAND ($5, 000. 00) DOLLAR surety bond
to secure faithful performance of contracts; pro-
viding penalties for violation of any of the provisions
hereof; providing an effective date'
and said ordinance and any amendment or substitutions thereto
shall have no effect within the City of Clearwater, Florida.
Section 3. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 4. Any person, organization, society, association or
corporation, or any agent or representative thereof, who shall violate the
provisions of this ordinance shall be subject, upon conviction, to a fine not
to exceed the sum of Five Hundred Dollars ($500. 00), or imprisonment for
not exceeding sixty (60) days, or by both such fine and imprisonment in the
discretion of the Judge.
Section 5. Should any section, paragraph, sentence or word of this
ordinance be declared for any reason to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part Cher eof other than the
part.declared to be invalid.
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Ord. #1998 10/18/79
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";1' AO:??'w?itx4:"F`.{t'r.a'1'jr'Y .r.??Kd..?..:ti:.3:."'`^????ia :?• 'j'`S ,?- ^'S'? Section 6.. This ordinance is adopted as an emergency ordinance
pursuant to Section 166.041, Florida Statutes, and the Clearwater City
Charter,
Section 7. It is hereby found, determined and declared that this
ordinance is necessary and urgently needed for the preservation of the health,
safety and welfare of the citizens and inhabitants of the City of Clearwater,
in that passage of this ordinance is required in order to provide minimum
standards to govern the construction, maintenance, repair and replacement
of existing and newly constructed docks, piers and wharves, thereby providing
for the safety of all citizens who might use such facilities; by reason of such
fact an emergency is hereby declared; and that this ordinance shall be in
full force and effect immediately upon its passage. This ordinance shall
automatically expire ninety (90) days from the date of its passage unless
the ordinance is submitted during such time for consideration as a non-
. emergency ordinance.
Section 8. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Chapter 166, 041, Florida Statutes.
PASSED ON FIRST READING October 4, 1979
Attest:
City Clerk .1
PASSED ON SECOND AND FINAL
READING AND ADOPTED October 18. 1979
Ma or-Commissioner
1.0/18/79
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