9349-20ORDINANCE NO. 9349-20
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
AMENDING SECTION 3-1502 OF THE CLEARWATER
COMMUNITY DEVELOPMENT CODE TO ADOPT THE
INTERNATIONAL PROPERTY MAINTENANCE CODE, 2018
EDITION WITH CERTAIN LOCAL AMENDMENTS; AMENDING
SECTION 3-2304 OF THE CLEARWATER COMMUNITY
DEVELOPMENT CODE TO REMOVE REFERENCE TO THE
STANDARD HOUSING CODE AND REPLACE WITH
REFERENCE TO THE INTERNATIONAL PROPERTY
MAINTENANCE CODE, 2018 EDITION; AMENDING SECTION 3-
2305 OF THE CLEARWATER COMMUNITY DEVELOPMENT
CODE TO REMOVE REFERENCE TO THE STANDARD
HOUSING CODE AND REPLACE WITH REFERENCE TO THE
INTERNATIONAL PROPERTY MAINTENANCE CODE, 2018
EDITION; AMENDING SECTION 47.033 OF THE CLEARWATER
COMMUNITY DEVELOPMENT CODE TO EXPAND THE
POWERS OF THE BUILDING/FLOOD BOARD OF ADJUSTMENT
AND APPEALS; AMENDING SECTION 47.051 OF THE
CLEARWATER COMMUNITY DEVELOPMENT CODE TO ADOPT
THE FLORIDA BUILDING CODE; REPEALING CHAPTER 47,
ARTICLE VII OF THE CLEARWATER COMMUNITY
DEVELOPMENT CODE IN ITS ENTIRETY; REPEALING
CHAPTER 49 OF THE CLEARWATER COMMUNITY
DEVELOPMENT CODE IN ITS ENTIRETY; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code
("the Code") on January 21, 1999 which took effect on March 8, 1999; and
WHEREAS, Chapter 47, Article VII of the Code establishes standards for unsafe
building abatement as articulated by the 1985 "Standard Unsafe Building Abatement Code"
published by "Southern Building Code Congress International" ("SBCCI"); and
WHEREAS, Chapter 49 of the Code also establishes minimum housing standards for
the City as articulated by the 1991 "Standard Housing Code" (as amended), also published
by SBCCI; and
WHEREAS, in 1998, SBCCI, a statutory member of the "International Code Council"
("ICC"), participated in the development of the first edition of the "International Property
Maintenance Code" ("IPMC"); and
WHEREAS, the IPMC prescribes minimum maintenance standards for both
residential and non-residential structures and buildings, as well as unsafe building abatement
standards for both residential and non-residential buildings; and
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WHEREAS, the City of Clearwater has determined that it is in the best interests of the
citizens and to adopt parts of the IPMC, with certain local amendments, in order to properly
secure the health, safety, and welfare of the public by prescribing minimum property
maintenance standards for all buildings and structures within the City's municipal limits; and
WHEREAS, the Building/Flood Board of Adjustment and Appeals ("the Board") has
the power to hear appears from the decisions of the building official related to unsafe
buildings, structures, and services systems but the Board does not have the power to issue
orders requiring repair or demolition of unsafe buildings and structures; and
WHEREAS, pursuant to Chapter 553, Florida Statutes, the City has adopted by
reference the Florida Building Code with certain amendments; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 3-1502 of the Clearwater Community Development Code is
hereby amended to read as follows:
Section 3-1502. — Property maintenance requirements.
(A). Minimum building and fire code requirements. All buildings shall be
maintained in accordance with the Standard Florida Building Code, the Florida Fire
Protection Prevention Code, and the - - International Property Maintenance Code.
(B) -(L). No change.
(M). Adoption of the International Property Maintenance Code, 2018 ed. There
shall be enforced in the city, by the building official, the "International Property
Maintenance Code," 2018 Edition, a copy of which is kept with the office of the city clerk,
which is incorporated into the Code and adopted by reference with the following local
amendments:
1. General amendments. The International Property Maintenance Code, 2018
addition is amended in that:
a. Wherever the terms "International Building Code," "International Energy
Conservation Code," "International Existing Building Code,"
"International Fire Code," 'International Fuel Gas Code," International
Mechanical Code," "International Plumbing Code," "International
Residential Code," or "International Zoning Code" are found, the term
"Florida Building Code" shall be substituted.
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b. Whenever the term "code official" is found it shall be replaced with the
term "building official."
2. Section 101.1 "Title" is amended to read as follows: These regulations shall
be known as the City of Clearwater Property Maintenance Code, hereinafter referred to
as "this code."
3. Section 102.1 "General' is amended to read as follows: Where there is a
conflict between a general requirement and a specific requirement, the specific
requirement shall govern. Where differences occur between provisions of this code and
the Clearwater Code of Ordinances or the Clearwater Community Development Code
and any ordinance of the City which is not specifically set forth therein, the most restrictive
shall apply. Where differences occur between provisions of this code and a referenced
code other than the Clearwater Code of Ordinances or the Clearwater Community
Development Code and any ordinance of the City which is not specifically set forth therein,
the provisions of this code shall apply. Where, in a specific case, different sections of this
code specify different requirements, the most restrictive shall apply.
4. Section 102.3 "Application of other codes" is amended to read as follows:
Repairs, additions, or alterations to a structure or changes of occupancy shall be done in
accordance with the provisions of the Florida Building Code, Florida Fuel Gas Code,
Florida Mechanical Code, and the National Fire Protection Act 70. Any conflict between
this code and Chapter 553, Florida Statutes, as may be amended, the Florida Building
Code, and the Florida Fire Prevention Code shall be resolved in favor of Chapter 553,
Florida Statutes, the Florida Building Code, or the Florida Fire Prevention Code and
nothing herein shall be deemed to be an amendment to those provisions of Florida law.
5. Section 103.1 "General" is amended to read as follows: The provisions of
this code shall be administered by the building official or such other person or persons
designated by the building official or the community development coordinator.
6. Section 103.2 "Appointment" is deleted in its entirety.
7. Section 103.4 "Liabilit✓' is amended so that the term "board of appeals" is
replaced with the terms "the municipal code enforcement board" and "the building/flood
board of adiustment and appeals."
8. Section 103.5 "Fees" is deleted in its entirety.
9. Section 104.3 "Right of entry' is deleted in its entirety.
10. Section 106.3 "Prosecution of violation" is amended to read as follows: The
building official may, in addition to or in alternative of, any criminal or civil penalties or
seeking injunctive relief, bring violations of this code for prosecution before the municipal
code enforcement board or the building/flood board of adiustment and appeals. In any
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case in which either board finds that a violation has occurred, the board may order
corrective action to be taken by a date certain, which corrective action may include the
repair, improvement, vacation, or demolition of the building or structure. Both boards may
also enter an order declaring that the city has the right to enter the property and have
such work done on behalf of the owner at the owner's cost, including administrative costs,
which shall become a lien against the property as provided in Section 7-103(G) of the
Clearwater Community Development Code.
11. Section 107.1 "Notice to person responsible" is amended to read as follows:
Whenever the building official determines that there has been a violation of this code or
has grounds to believe that a violation has occurred, notice shall be given in the manner
prescribed in Sections 107.2 and 107.3 to the property owner for the violation as specified
in this code. Notices for condemnation procedures shall comply with Section 108.3.
12. Section 107.2 "Form" is amended to read as follows: Such notice
prescribed in Section 107.1 shall be in accordance with Section 7-102(B) of the
Clearwater Community Development Code.
13. Section 107.3 "Method of Service" is amended to read as follows: Such
notice prescribed in Section 107.3 shall be served upon the alleged violator as provided
in Section 162.12, Florida Statutes (2018), and all subsequent amendments.
14. Section 107.6 "Transfer of ownership" is deleted in its entirety.
15. Section 108.2 "Closing of vacant structures" is deleted in its entirety.
16. Section 108.3 "Notice" is amended to read as follows: Whenever the
building official has condemned a structure or equipment under the provisions of this
section, notice shall be given to the person responsible in a form substantially similar to
that found in Section 7-102(B) of the Clearwater Community Development Code and
served upon the property owner as provided in Section 162.12. Florida Statutes, and all
subsequent amendments.
17. Section 109 "Emergency Measures" is deleted in its entirety except for
Section 109.2 "Temporary Safeguards" which is amended to read as follows:
Notwithstanding other provisions of this code. whenever in the opinion of the building
official there is imminent danger due to an unsafe condition, the building official shall order
the necessary work to be done, including the boarding of openings, to render such
building or structure temporarily safe whether or not the legal procedure herein described
has been instituted and shall cause such other action to be taken as the building official
deems necessary to meet such emergency. Any costs associated with this, including
administrative costs, which shall become a lien against the property as provided in
Section 7-103(G) of the Clearwater Community Development Code.
18. Section 110.3 "Failure to Comply" is amended to read as follows: If the
owner of a premises or the owner's authorized agent fails to comply with a demolition
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order or an unsafe notice given pursuant to Section 108.3 within the time prescribed, the
building official in addition to or in alternative of anv criminal or civil penalties or seeking
iniunctive relief, may request a hearing before the municipal code enforcement board or
the building/flood board of adjustment and appeals. In any case in which either board
finds that a building or structure is dangerous, unsafe, insanitary, or otherwise unfit for
human habitation or occupancy, the board may order corrective action to be taken by a
date certain, which corrective action may include the repair, improvement, vacation, or
demolition of the building or structure. Both boards may also enter an order declaring that
the city has the right to enter the property and have such work done on behalf of the
owner at the owner's cost, including administrative costs, which shall become a lien
against the property as provided in Section 7-103(G) of the Clearwater Community
Development Code. Both boards may also issue fines as provided in Section 7-103(B)
of the Clearwater Community Development Board.
19. Section 111 "Means of Appear is deleted in its entirety except for Section
111.1 "Application for Appear which is amended to read as follows: Any person directly
affected by a decision of the building official shall have the right to appeal that decision to
the building/flood board of adiustment and appeals as provided in section 47.035 of the
Clearwater Community Development Code.
20. Section 112.2 "Issuance" is amended to read as follows: A stop work order
shall be in writing and shall be given to the property owner. Upon issuance of a stop work
order, the cited work shall immediately cease. The stop work order shall state the reason
for the order and the conditions under which the cited work is authorized to resume.
21. Section 112.4 "Failure to comply' is amended to read as follows: anv
Personal who shall continue any work after having been served with a stop work order,
except such work as that person is directed to perform to remove a violation or unsafe
conditions, shall be prosecuted in any manner authorized by the Clearwater Code of
Ordinances or the Clearwater Community Development Code..
22. Section 302 "Exterior Property Areas" is deleted in its entirety.
23. Section 303.2 "Enclosures" is deleted in its entirety.
24. Section 304.2 "Protective Treatment" is deleted in its entirety.
25. Section 304.3 "Premises identification" is deleted in its entirety.
26. Section 304.14 "Insect screens" is amended to read as follows: Every
window in a residential structure that is capable of being opened and every door, window,
and other outside opening required for ventilation of habitable rooms, food preparation
areas, food service areas, or any areas where products to be included or utilized in food
for human consumption are processed, manufactured, packaged, or stored shall be
supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh
per 25 mm), and every screen door used for insect control shall have a self-closing device
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in good working condition. Screens shall not, however, be required where other approved
means, such as air curtains or insect repellent fans, are employed.
27. Section 304.18.1 "Doors" is amended to read as follows: Doors providing
access to a dwelling unit, rooming unit, or housekeeping unit that is rented, leased, or let
shall be equipped with a lock designed to be readily openable from the side from which
egress is to be made without the need for keys, special knowledge, or effort. Such locks
shall be installed according to the manufacturer's specifications and maintained in good
working order. For the purpose of this section, a sliding bolt shall not be considered an
acceptable lock.
28. Section 308 "Rubbish and Garbage" is deleted in its entirety.
29. Section 602.2 "Residential Occupancies" is amended to read as follows:
Dwellings shall be provided with heating facilities capable of maintaining a room
temperature of 68° F (20° C) in all habitable rooms, bathrooms, and toilet rooms. Cooking
appliances shall not be used, nor shall portable unvented fuel-buming space heaters be
used as a means to provide required heating. If the heating facility is a portable electric
space heater, then it must have a tip -over switch with automatic shut-off capability and
overheat protection with automatic shut-off capability.
30. Section 602.3 "Heat SupmI✓' is amended to require the supply of heat year-
round and Exceptions Number 1 and 2 are hereby deleted in their entirety.
31. Section 602.4 "Occupiable Work Spaces" is amended to require the supply
of heat year-round.
entirety.
32. Section 603 "Mechanical Equipment" is deleted in its entirety.
33. Section 606 "Elevators, escalators and dumbwaiters" is deleted in its
34. Section 607 "Duct Systems" is deleted in its entirety.
35. Chapter 7 "Fire Safety Requirements" is deleted in its entirety except for
Section 702 "Means of Egress" and Section 704.1 "Inspection, testing and maintenance."
Further, Section 704.1.3 "Fire protection systems" is amended to read as follows: The
following fire protection systems shall be inspected, maintained, and tested in accordance
with the Florida Building Code: 1) carbon monoxide alarms and carbon monoxide
detection systems; and 2) single- and multiple -station smoke alarms.
36. Chapter 8 "Referenced Standards" is deleted in its entirety.
37.Appendix A101.1 "Genera!' is amended to read as follows: Windows and
doors shall be boarded in an approved manner to prevent entry by unauthorized persons.
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38.Appendix A102 "Materials," Appendix A103 "Installation," and Appendix
A104 "Referenced Standard" are deleted in their entirety and replaced with the following
specifications:
To secure structures: materials to be used are as follows:
Wire mesh % inch hardware cloth 19 gauge, galvanized to resist rust.
Edges must be finished with no sharp proiections.
Frame 1 "x 4" pressure treated wood pre -drilled for screws.
Installation: Wire will cover window and or door with mitered corners
wood frame on the outside 2" inches of the perimeter of wire and be
screwed no more than 12" inches apart in center of run and at each
end of wood, frame, and screwed to solid surface of metal, wood,
and or concrete walls.
Section 2. Section 3-2304 of the Clearwater Community Development Code is
hereby amended to read as follows:
Section 3-2304. – Residential rental compliance—Notice requirements of
minimum applicable standards form acknowledging notice of housing and
development standards.
Each owner of real property to which this division is applicable shall receive notice
of and shall file, with an initial business tax receipt application or, for existing licensees,
by October 1 of each business tax receipt year, a notice requirements of minimum
applicable standards form with the development and neighborhood services department
acknowledging receipt of housing and development standards contained in Section
28.82, the the International Property Maintenance Code, 2018
edition, as adopted by - : = _ _ ' _ _ . e 3 1502(m) of the
Clearwater Community Development Code, and the Development Standards, Divisions
8, 12, 13, 14, 15, 18, contained in Community Development Code, Article 3.
Section 3. Section 3-2305 of the Clearwater Community Development Code is
hereby amended to read as follows:
Section 3-2305. – Inspections; noncompliance inspection fee.
Complaint -driven or inspector -initiated inspections of properties subject to this
division shall be conducted by the city to ensure that such properties are in compliance
with the provisions of the International Property Maintenance
Code, 2018 edition, and the city's development standards; provided, however, this
provision shall not be interpreted as authorizing the city to conduct inspections of
properties without the consent of the owner or occupant or without a warrant.
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If the inspection of a property reveals violations of three or more of the provisions
of Section 28.82, the International Property Maintenance Code,
2018 edition, or the city's development standards contained within Division 8, 12, 13, 14,
15, and/or 18, or a combination thereof, this may trigger a code inspector's request with
the consent of the owner/occupant or designee, for an inspection of the interior of the
property and/or a random sampling of the properties involved which may include multiple
units.
For inspections involving multiple units at one location and upon consent of owner
or designee or issuance of inspection warrant, a random sampling of the properties will
be inspected as follows:
• One—four units, all units
• Five—ten units, 50 percent of units
• 11-29 units, 20 percent of units
• 30-49 units, 15 percent of units
• 50 or greater, if one location, five percent of the units with a maximum of 20 units
In the case of 50 or greater units, buildings/developments if the inspector finds one
or more, major, life safety or habitability violations in five percent of the units, the inspector
may ask to see more units up to a total of 100 percent of the units in the community.
The development services director shall assess a noncompliance inspection fee
of $50.00 per unit inspected per re -inspection if any violation still exists after allowance of
a reasonable time period for compliance.
Section 4. Section 47.033 of the Clearwater Community Development Code is
hereby amended to read as follows:
Powers. The building/flood board of adjustment and appeals shall have the power
to hear appeals from decisions and interpretations of the building official and to grant
variances from the provisions of the technical codes adopted in this chapter and from the
provisions of the flood protection ordinance of the city. The board shall have the power to
hear appeals from decisions of the building official relating to unsafe buildings, structures
and service systems, but the procedures for such appeals shall be as provided in the
the International Property Maintenance Code,
2018 edition adopted in section /17.051 3-1502(m) of the Clearwater Community
Development Code. The board shall also have the power to hear alleged violations of
the International Property Maintenance Code, 2018 edition and in any case in which the
board finds that a building or structure is dangerous, unsafe, insanitary. or otherwise unfit
for human habitation or occupancy, the board mav order corrective action to be taken by
a date certain, which corrective action mav include the repair, improvement, vacation, or
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demolition of the building or structure. The board may also enter an order declaring that
the city has the right to enter the property and have such work done on behalf of the
owner at the owners cost, including administrative costs, which shall become a lien
against the property as provided in Section 7-103(G) of the Clearwater Community
Development Code. The board shall also have the power to issue fines as provided in
Section 7-103(B) of the Clearwater Community Development Board.
Section 5. Section 47.051 of the Clearwater Community Development Code is
hereby amended to read as follows:
(1) There shall be enforced within the city, by the building official, the following
staosslaFd-ef -national state-wide codes, which are adopted by reference:
Inc.:
•••
Assssiafion.
(a) The Florida Building Code, as adopted by the Florida Building
Commission, which is composed of:
1. Florida Building Code—Accessibility-6th Edition
2. Florida Building Code—Existing Building -6th Edition
3. Florida Building Code—Fuel Gas -6th Edition
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4. Florida Building Code—Mechanical-6th Edition
5. Florida Building Code—Plumbing-6th Edition
6. Florida Building Code—Energv Conservation -6th Edition
7. Florida Building Code Test Protocols for High -Velocity
Hurricane Zones -6th Edition
8. Florida Building Code—Building-6th Edition
Section 6. Chapter 47, Article VII of the Clearwater Community Development
Code "Unsafe Buildings and Systems" is hereby repealed in its entirety.
Section 7. Chapter 49 of the Clearwater Community Development Code "Housing
Code" is hereby repealed in its entirety.
Section 8. Should any part or provision of this Ordinance be declared by a court
of competent jurisdiction 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.
Section 9. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with applicable
law.
Section 10. This ordinance shall take effect immediately upon adoption.
DEC 1 9 2019
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL JAN 11 202.0
READING AND ADOPTED
Approved as to form:
Michael P. Fuino
Assistant City Attorney
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— cteo rtv\c•eckof
George N. Cretekos
Mayor