5767-95 ORDINANCE NO. 5767-95
A, OI )INA.NCE OF THE CITE' OF CLEARWATER,
FLORIDfi®, RELATING TO THE, STANDARD CODES;
AMENDING CHAPTER 47, CODE OF ORDINANCES,
'LTT7[I KY TO BUILDINGAND BUILDING REGULXI'IONS;
D P�TI ICS T SPECIFICATIONS REIAMYG TO THE,
STA TDA D BUILDING, I'LU ING, MECHANICAL
CODES, T=—NATIONAL FUEL G S CODES, AND THE
Si ARD" FOR STORAGE AI*M HANDLING OF
I.I U) PETROLEUM GASES. AMF24DING VARIOUS
SECTIONS OF CHAPTER 47; CODE OF ORDINANCE
RELATING TO OI~°'M ADMINISTRATION AND
"
ENFORCEMENT PROCEDURES FOR SUCH CODES AND
STANDARDS; PROVIDING AN EFFECTIVE DATE
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WHEREAS4'the.l"nnellas County Construction Licensing Board adopted the 199 4 editions
of the Stan d Building;Code, the Standard Plumbing Code and the Standard MecharAcal'Code
on November 15, 111994; and
WHEREAS: the City desires to update the City Code of Ordinances with the 1994
editions of dine St�atndard Codes and amend the sections of the administrative chapters of the those
codes which apply to th e City of Clearwater; now, therefore,
BE IT bRDA1NED BY ,THE CITY CONMUSSION10F THE
C A FLORIDA:
C�T'i' CJ�F .,�.F, ,
Section 1.' Chapter 47, Buildings and Building Regulations, is mended to read;
NERAL
ARTICLE 1. IN GE
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See. 47m d, --Stop;work orders. Replaces Standard Code 5 n 103.3.
Upon notice from the building official, work on any building, structure or electrical,)
5w gas, mechanical'oriptuumbing system that is being done contrary to the provisions of the
standard codes adopted in this chapter or in a dangerous or unsafe manner or without proper
permits shall imm6,diately cease. Such notice shall be in writing and shall be given to the
owner of the propeo.,y, his agent or the person,doing the work and shall,state the conditions)
under which work i aaY be resumed. mere an emergency exists, the building official shah 1
not be required to give a written notice prior to stopping the work.
s uits. lLelaees Standard Code section 103.4Sec. 4"01.0062. �--Zevo:atian of pei
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(1) Afisr�,brsscntatian of application or change in circumstances. The building i
official may revoke a permit or approval issued under the provisions of the standard'codes
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adopted in this chapter in case there has been any false statement, change in circumstances �r
misrepresentation as to materW fact in the application or plans on which the permit or
approval was based[.
(2) 14olarion of code provisions. The building official may revoke a permit upon
determination that the constructio=n, erection, alteration, repair, moving, demolition,
installation or replacer'rent of the building, structure or electrical, gas, mechanical or
plumbing systems four which the pen nit was issited is in violation of, or not in conformity
with, the provisions of the codes.
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rules and regulations.
(1) The Wilding official is authorized to promulgate rules and regulations not in
conflict with this chapter or the standard codas adopted in this chapter for the purposes of
providing g fur standards: plan specifications, practical resolution of conflicting provisions, and
the application and supplementation of the provisions of the codes. I The rules and regulations
promulgated by the builldirig official shall have the same force and effect and shall be
enforced the same as the provisions of such codes.
(2) If thelprtrvisions of the codes axe not adequate to completely prescribe the
manner of construction,or the design or construction procedure of any structure, the
structure, design or procedure shall be spade or accomplished according to specific rules,
regulations, plans or specie cations therefor set out by the building official.
Sec. 47.01Q4. Exception to coastal construction zone; floodproofing certification.
(1), Within the landward 50 feet of Zone 2 and all of Zone,3, as such zones are
established cinder Chapter 39, the Coastal Construction Code of the Standard Building Code
adopted in this chapter, the building official shall ha v the power to grant exceptions for
nonresidential structures; as stated within section 3906.4 of the 'Coastal Construction Code.
(2) The floodFsroofing shall be a minimum one foot above base flood elevation and
certification of the floodprcofuig method used must be filed with the building official prior to
the issuance of a ceitifRci�t+a of occupancy. Certification shall be by a professional engineer or
architect.
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See. 77.45. Mi'ir6ujmi floor elevation.
(1)
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yen,,` a The minimum floor elevation for new
buildings additions to e adsting buildings shall be:
a tree 56ot abode the crown of the;p aveztient abutting the building site for the
an
lowest floond six inches for all floors not considered the lowest floor as defined
section 51.03, ci code c&ordinancess
bit -the city engineer for new develoomnts or unusual buildinnn sites: or
c see b�Lqhe flood insurance rate mates.
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(2) The building �official'is herebY'designated and authoriz ed to enforce this
requirement.
See.. 47.0126. estar "i��n f electrical service to flooded structaarm
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(1) , "7his=section shall apply to all structures that receive electrical service frow a
licensed public utility for any other source, un order to prevent the creation of unsafe or
hazardous conditions through the continuation or restoration of electrical service to a
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structure that has sustai ned flooding or high water intrusion.
(2) Any structure located within the boundaries of the city that has sustained water
intrusion with the result that such water intrusion,has covered electrical appliances, outlets,
connections and similau.devices shall have the power service to such structure terminated.
Such power shall,riot be resupplied to the structure until such time as the electrical system
within the sir icture is I car rifled as being safe for operation and use.
1
`r n hall be b a licemsed electrical contractor, who sha?1 provide
(3) The cer�til,a Catio s y p
a report to the building official.
4 The OwnE,r of the structure rile owner's agent.o. tenant shall en a e the
services of a licensed electrical contractor to inspect the electrical outlets, connections,
appliances and systemi of the structure to determine that the system, its improvements and
appliances are in;proper operating condition and safe to receive electricity. Such certification
shall be in writing :and en.ecuted by the inspecting electrical contractor.
5 LT n rt° ei. t and verification of the certificate, the building official shall notify
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the public utility that the structure bas been certified as safe to receive electricity.
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see. 47.007.' Thresholld,buildings.
Any building classified as a threshold building under the provisions of F.S. § 553.79,
referred to in this tick'w; the statute, shall, with regard to the.issuance of building
Permits, special inspections during construction,,and the issuance of certificates of
occupancy, be subject to the following procedure-
(1) Theo ner of any proposed building classifier) is a threshold building shall
engage a specie inspector:to conduct all inspections required by-the statute.
(2) Prior to t 20 issuance of a building permit, the special inspector shall perform
structural inpections;p4suant to a structural inspection plan prepared by the engineer or
architect of record, and shall insperct shoring and reshoring for conformance with the shoring
and reshorin.g plans submitted to the city, and shall furnish to the building services division
an affidavit attesting that such inspections have been satisfactorily completed. The affidavit
shall include the name and state certification number of the special inspector.
(3) Throughout the course of constaction the special inspector shall submit to the
building services division a weekly report listing all structural elements put in place during
the previous weep fvr which insp�tiora is required ender the statute. The report shall state
that the,placement,of all roach structural elements was observed by the dial inspector and
found to comply with plans and codes. The report.shall bear the signatuure of the special
inspector and shag. be due not later than Wednesday following the weep covered by the
:irwrt. A failure to file the wkly report by 4:00 p.m. on Friday fallowing the weep
covered by e,report s1W1 be considered clue cause`for the building official to order
construction stopped Until"all necessary, reports have been filed.
(4) Upon completion of construction of the threshold building, and prior to the
issue of a certificate of occupancy, the special inspector and the contractor shall file'with the
building official affidavits attesting that all requirements of the statute have been complied
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'S�. 47. Identification g
It shall be unlawful to operate, park, stand or use Capon any public street any truck or
other vehicle used for coraamercial purposes, to tramrport workmen, tools, equipment or
materials for contracting c i subcontracting work, unless the vehicle is designated by lettering
of three inches mm' imurin size on both sides oi'the vehicle, indicating the name and address
of the corporation,`Arm or person operating the same.
ARTICLE H. BUIMING/FLOOD BOARD OF ADJUSTMENT AND PEAJ-S*
Re-places' Standard Code section 105.
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See. 47.031. Created;'rnemhe hip- terms.
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(1) There is hereby established the building/flood board of adjustment and appeals,
which shall consist of five members. The members of the board shall be appointed by the
city manager.
2 Members of the board shall be persons with knowledge and experience with
( )._ g,.
the technical codes adootod in this chapter, such as design professionals, contractors or
building industry representatives.
(3) A board',°rnember shall not act in a case in which'the member has a personal or
financial interest.
4 The tem of offs e of a board member shall be four years. Vacancies shall be
filled for an unexpired'term by appointment by the city,manager. Continued absence of any ,
member from requirad i meetings of the board shall, at the discretion of the city manager,
render any such metribbr subject to removal from office'.
Ste. 47.032. Quote; voting; secretary.
1 A airy l6 majority of the building/flood/flood board of adjustment and appeals shill
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constitute a quorum: 10 vasymg any provision of thee; technical codes adopted in this chapter,
the af'f'irmative vote;of the majority present, but not less than three affirmative votes, shall be
required. In mod fji ng a decision of the,building official, not less than four affirmative �
votes; but not less than a majority of the board, shall be wired.
(2) The builldiing official shall act as secretary of the board and shall make a
detailed record of I all of its proceedings, which shalt set forth the reasons for its decision, the
vote of each member, !the absence of a member and. any failure of a member to vote.
Sec. 47.033. Posers.
The,'buildrn /hood board of adjustment and appeals shah have the power to hear
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appeals from decisibns,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 ap eads shall be as provided in the Standard Unsafe Building
Abatement Code adopted in section 47.051.
7' Procedures.
Ste. 4. .03. I
Rules, re ulations. The building/flood`/flood board of adjustment and appeals
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shall establish rules'and regulations for its own procedure not inconsistent with the provisions
of the standard codes adopted in this chapter. The board shall meet on call of the chairman.
The boerrd shall meet within 3045 calendar days after notice of appeal;has been received.
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2 Decisions; The board shall in every case reach a decision without unreasonab le
or unnecessary delay, Each decision of the board ball include the reasons for the decision.
If a derision of the d reverses or modifies a refusal, order or disallowance of the
building official or varies the application of any provision of this Code, the building official
shall immed ately tape 4wodon in�acco ce with such derision. 'Every;decision shall be .
promptly filed in writing in the office of the building official and shall be open to public
inspection.' A cent ed v)liy of the decision shall be sent by mail or otherwise to the
appellant and a copy shall be Dept in the office of the building official.: Every decision of the
board shall be fruW,;subjtxct to judicial review in the circuit court by common law certiorari. '
However, an aggrieved m ty array, within 15 days following a decision:of the board, file an
Appeal with the couptywul e board of adjustment and appeals (CBAA) in those cases involving
codes adopted for co:uniywide application and enforcement. Final decisions of the CBAA
shall be subject to judicial review in the circuit count by common law certiorari.
Sec;. Als 'is amll variances.
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(1) Decision i grthe building official. The owner of a building, structure or service
system, or his duly aaatiaorized agent, may appeal a decision of the hulloing official to the
building/flood board ofi ait,,us and appeals whenever any one of the following conditions
are claimed to e)ist:;
(a) a The building,official .rejected or refused to approve the mode or mariner
of construction proposed to be followed or materials to be used in the installation or
Alteration of a building, sta•ucture or service system.
tb) The provisions of the standard codes adopted in this chapter do not
apply to this specific cast,,.
(c) An equally good or more desirable.fora of installation can be
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employed in specific case,
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(d) The true intent and meaning of the codes or any of the regulations
thereunder have been misconstrued or incorrectly'interpreted.
2 tlaHancees.' The board when so appealed to and after a hearing, may vary the
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application of any provision of the standard codes adopted in this chapter to any particular
case when, in its opinion, the enforcement thereof would do manifest injustice and would be
contrary to the spirit and purpose of the codes or p ublic interest, and also finds all of the
following:
(a) That special conditions and circumstances exist which are peculiar to
h building, stnc�tarre or service system involved and which are not applicable to others.
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not result from. the i conditions and circumstance do o es t
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(c) Thai" granting the variance requested will not confer on the applicant
any special privilege that is denied by the codes to other buildings, structures or service
system.
(d) That the variance granted is the minimum,variance that will make
possible the onable use'of file building, structure or services s tem.
p y.
(e) That the grant of the variance will be in harmony with the general
intent and pu se of these codes and will not be detrimental to the public health, safety and
general welfare.
(3) Variance conditions. In granting a variance, the board may prescribe a'
reasonable, e within which the,action-for which the variance is required shall be
commenced, ampleted, or both. If no time is specified, the time limit to commence,shall be
six nnonths., with the'btnildit official having the authority tsi tone 9 da extension with
oast a fdrmal hearine. A WL idditional gatension be made to 1he Board.' The,
board may prescribe apprlopriate conditions and safeguards in conformity with the codes. A
violation of a condition of a variance shall be dwrned an ordinance violation.
(4) Notices Of appeal; requests for vad ances. A notice of appeal shall be in
writing and filed not more than 30 calendax days after the decision is rendered and sued by
the building g official, or not more than ten calendar,days in the case of an unsafe building,
structure or service system. Appeals and variance requests shall be on a;form supplied by
the building official. A fee as set_forth in the fee schedule shall accompany each notice of
appeal and request f or'a *anance.
5' Notice to prcpeny owners. Except in cases of unsafe buildings, structures or
service systems, the bi ilding official shall cause notice of an appeal or variance request to all
property owners within 200 :feet of subject property as identified in the application. Such
notice shall be sent not lai r than ten calendar days before the hearing date.
ARTICLE M. STANDARD GOLFS*
See. 47.051. Adoption and enforcement.
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(1) There shalt be enforced within the city, by the building, official, the following I,
standard or national codes, which are adopted by reference:
(a) Standard Codes, 19944 editions, published by the Southern Building
Code Congress International, Inc.:
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1, Stalls Building bode including but at
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Coastal Construction Code; chapter 4�, the o�� r� �J.�do Pool Fade, and Appendixes
I. Standard Plumbing Code, with Appendixes P, C, A and I. and J.
3. , Stai €lard Mechanical Code.
'f OIM: All refime ces t)o the tandaad (jAs Cale are the'Standgrd&fi din�<
Plumb ti sir I chaLical Code are to be j e reted as Mference to NFPA 54 or
-55.
ib) National lElectrical Code, 1993 ealitiou, publishaxl by the National Fire
Protection Association.
(a;) National Fuel Gas Cody:, NFPA 54, 1992 edition, published by the
National Fire Protection.:A.ssociation.
(d.) , Standard for the Storage and Handling of Liquefied Petroleum Gases, !;
NFPA 5S, 1992 edition, published by the National Fire Protection Association.
(e) Stwadard Unsafe Building Abatement Code, 1955 edition, published by
the Southern l3uildi Code Congress International, Inc.
2} The codes and standards described in this section, referred to generally as the
"cods" shall be tf►e editions described in this section or later editions, as may subsequently
be adopted or arneni Led,by the hrellas eCounty eConstruction Micensing b oard;_eE_; ;,ept
the administrative sectioris or provisions and such o,he r p rovisions of each code as are
amended and set forth in this chapter. A copy of each code and amendments shall be Dept
on ffle in the office?of ithe city clerk.
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ARTICLE IV. P t S*
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't'iie desi rrafessional shall be an ,architect or en eer Iegay registered under the
laws 6f Florida ze' u1 Ln oiract ce of airchiteeture or engineering neerin and sball afffix his
ae seal to r�rig �, specifications«�__ansl aconuandata for allccas
e t rdtr ��tn dzt s regardless, of size, where the work affects the structural
con tonents of a built � � east be esi n car compliance to Chap 16, "Structural
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�..:�ds, hv an a�l�t6�t or enaia�eer;wlaa srtir�ll af�a�i s_;o��c1 sal to said�r wzn s
secificat ons:and aoc m an in �d ta, r�r shall otherwise demonstrate co nuance usin
alternatives a rb�red b',the, eLlas Countv Canstraction Licensin Board.
Ecceution: onsi r°s on less than 110,000.00 and not affectinz the structural
components of the by kRU .
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Sec. 47.0832. M6vftC of buildings.
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When moving la`building onto a lot within the city, the applicant shall provide a list of
names ands addresses o€all property owners with 250 feet of the proposed site of.the
building. The building affncial shall;mail a notice of the application to the owners of all
properties situated within 250 feet of the subject property. All such notices shall be sent by
mail to the last mown i ia:mes and addresses as indicated on the county tax roll. l�io permit
for the moving of any, building onto a site within the city linxiits shall be issued by the
building official until written application, has been on file for a min imum period of seven II
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days after filing of suc' hi application to allow the wilding official to give written notice of,
such application toll all property owners within 250 feet of the proposed site.
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Sec. 47e 3a a Fees. laces Standard Code section' 104.7.
(1) Preseribied. A,permit required by this article shall not be issued until the fees
prescribed in appendix ktoe this Code have been.paid. An amendment to a permit shall not
be released until the additional fee, if any, due to an increase in the estimated cost of the
building, structure, or-electrical, plumbing, mechanical or gas systems has been paid.
(2) Work cetmnteacing before;permit issuance. F any person commences any work
on a building, structure, or electrical, plumbing, mechanical or gas system before obtaiiiing
the necessary permit, he shall be subject to a penalty as provided in appendix A to this Code.
(3) Acco urttiag. nL e building offici l shall keep a permanent and accurate
accounting of all permit lees and other anonies collected, and the names of all persons upon
whose account the fees or monies were paid, along with the date and amount thereof.
(4) Schedule. On all buildings, structures, said electrical, plumbing, mechanical
and gas systems or alterations requiring,a permit, a fee for each permit shall be paid as
requiredd at the time of fil4 ng application or issuing of permits, in accordance with the
schedule in appendix A. to this Code.
(5) Builftg penrait valuations. If, in the opinion of the building official, the
valuation of building, alteration, structure, or electrical, gas, mechanical or plumbing
systems'appears to be'uaaderestimated on the application, the permit shall be denied, unless
the applicant can show detailed estimates to meet the approval of the building official. ]Permit
valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment
and other systems, including materials and labor,
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ARTICLE V. P4SPECTIONS
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See. 47.116 1. Re4ullre l inspections. Amends Standard Code sect ion 105.6.
The permit iho deg- or his agent shall request a'final inspection'upon completion of'the
work and other'inspections as P-*iced by the it, in a timely manner. The building'
official upon,requqst by the permit holder or his agent shall retake the following minimum
inspections and such other is dohs may be necessary, and shall either release that
portion of the congtrulcti6n or shall notify the permit holster or his agent of any violations
which must be co ; ite d in order to comply with the standard codes adopted in this chapter,
be made after- "e-
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aced
`aye s�FCW6
and
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Rod.
(a) 4eck. To be made after the deck is clears, tightly fitted, sound and free
of debris.'
Dr y-in inspection. During course o f a pP1_Y roofing paper.
(c) Roof cove;ang inspection. During the course of installing roof covering
material.
'd Tile inspection. During the course of installing roof tiles, if applied. '
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(e) Final. After all work is completed on roof.
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(a) Ulru'krrground piping inspection,'. To be made after trenches or ditches
are excavated, after piping or tams are installed, and before backfill is put in glace'. All
sl 21
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joints shall be open indipiping shall be uncovered at least every 20 feet. Tank tid,down
strips shall be visible
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(b) Ro4gh-in inspection. To be made after the roof,"framing, fireblocldng
and bracing are in place and all`ga.s astd vent jpiping is complete, aiad prior to the installatio
of wall or ceiling membranes.
�i
(c) F?' ud iMpection.` To be grade after the equipment and vent piping are
in place and iproperly cone meted:
,
(d') :ce�ations. When one of the following appliances has fuser installed,
only a final ispecti n A, l be required, provided that the installer shad have complied with
the requirements fear;unile,rground piping and the installer shall have furnished a notarized
letter to the building'official before, requesting final inspection., The letter shall contain the
address and perm t dumber of the job, shall state that the piping and appliance are free of
leakage, and shall be signed by the license [solder or other authored person, Any,such
appliance may,be placed in operation prior to requesting final inspection. This exception. shall �
be available for the nstalla.tion of any one of the following:
I Water heater;
heater
2. 'rao1 o r spa eats
4
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1i Mobile home furnace; or
4, Other appliance as may be approved by the building offiicial.
(e) Tisiring. Testing shall be done in accordance witty Part 4 of IAA �4
adopted by section 47.g5l, except that section 4.1.4 is amended to read in its entirety:
4.4.4. Test of p' -1 for tightness.
a. Procedure and precautions. Before any system of consumer's gas
piping is put in service, it shall be cai„efully tested to assure that it is gas tight. Where any
part of the system,is�,to be enclosed or conceded, this test shall precede the work of closing
in. To test for tightness, the piping shall be filled with air or inert gas, but not with any,
other gas or liquid In!:no case shall oxygen ever be used.
la. Method of testing. Low pressure (not in excess of 0.5 psi) gas piping
shall withstand a pressure of at least 10 psi or n inches of mercury for not less than 10
minutes without sh ow hig any drop in pressure. Higher pressure gas piping shall withstand a
pressure,of at least twiee the maximum pressure to which the piping will be subjected in
operation, but not Tess III= 10 psi, for not less than 10 minutes without showing any drop in
Pressure. Piping, regulators, valves and appliances shall not be subjected to pressures higher
than their rated rapacity,".'
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c. ?C,st instruments >ror pressure tests, pressure shall be measured with alb
manometer, slope ga lge, or other accurate and sensitive pressure indicating device, the scale
of which is so 'gmduOul that variations in pressure may be accurately read. A bourdon tulle
type.gauge calibrates in a maximum of quarter-pound increments shall be acceptable. Th ew '
shall be a,tag attached to the gauge indicating the date, time and pressure applied to the
system upon completion of the test.
f Fo&s owl�Das.
(a)4 cell. To be made when excavation and structural frarnework, as
appropriate, are qompllete.
a �
€b). ck. To be glade after electrical bonding is complete and pool
plumbing is insaalled.
�" for se.
l and o u
Y complete an
Final. 'To be made when pool or spa, s c p y '
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See. 47.161. Declared ills mealy amendments to standard code.
(l) All buildings, 'structures, or electrrcal, gas, mechanical or plumbing systems
which are unsafe or unsanitary, or which do riot provide adequate egress, or which constitute ii
a fire hazard, or whkh lare otherwise dangerous to human;life, or which constitute a hazard
to safety or health,;are o'>onsidered unsafe buildings structures or service systems and are
hereby declared illegal. AM such unsafe building, structures or service systems shall be
abated by repair and rehabilitation or by demolition in accordance with the provisions of the
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Standard Unsafe lr3uaildiaag Abatement Cade, adapted in section 47.051 of this Cade of
Ordinances, with the following amendments:
Section 105. Section J05 is amended to read in its entirety:
105. Board of adjustment and appoeall s. The building/flood board of adjustment and
appeals shall have the auuthority to provide for adjustments and appeals to the Standard for
Unsafe Building Abatement Code, and shall have the authority to make the final
interpretation of provisions of such code. This section shall not be construed as depriving the
Municipal Code WoTcement Board of its authority to conduct hearings relating to violations
of the Start Unsafe 131ailding .Abatement Code or to carry out its powers pursuant to '
Division 9 of Article ffi of Chapter 2'of the Code of Ordinances.
Sect,in,302.1.1, para j gj7h 3.1. paragraph 3.1.of section 302A.1 is amended to read:
3.1 If the building or structure is to be rep ' or secured, the notice shall require
that all necessary permil�s be secured and the work 'commenced within seven calendar-days
following service'6,f notice and that the work be completed within 20 calendar days following
issuance of the permit. 'l�i'e notice shall also indicate the degree to which the repairs must.
comply with the ptovi ipns of the Standard Building Code, in accordwice with section 101.4
of this Standard Urisaf'e Building Abatement Code.
Sectaoh 302.1.1, pqra rqph 3.3. Paragraph 3.3 of section 302.1.l is amended to read:
3.3 If the building or,structure is to be demolished, the notice shalt rewire that the
premises be vacated within 30':calendar days following service of notice, or immediately f
following service'`of notice in the case of an occupied building or structure which constitutes �
an immediate hazard to life or to the safety'of the occupants and the public. The notice shall
also require that all reagtared permits for demolition be secured and the work commenced'
within seven calendar id, following service of notice, and that the demolition be completed
within no longer than 20 calendar days following issuance of the permit.
Section 302.1.1, pgra r ph 4. Paragraph 4 of section 302.1.1 is amended to read:
4. A statement advising that any person having any legal or equitable interest in the
property may appeal the, notice by the building official to the building/flood'board of
adjustment and appeals; that such appeal shall be in writing in the form specified in section
401 of this Standard Unsafe Building batement ;ode and shall be filed with the buildin
g _ .g
official within severe calendar days following; service of the notice, that upon a failure to
appeal in the time specified, the notice shall constitute a final order and no additional notice
shall be required or provided; and that failure to appeal in the time specified will constitute a
waiver of all rights to an administrative hearing.
Section 303. Section 30.) is amended to read in its entirety:
�... 26
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303, Standards pot Compliance. The following action shall betaken by the building
official when ordering: the repair, vacation or demolition of m unsafe building',or structure`
1. The building shall be ordered repaired in accordance with the Standard
Buil€mg Code or demolished at the option of the owner.
2. if the building or structure constitutes an immediate hazard to life or to the
safety of the public;
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a. Ih e building official shall order the build_in o r`stru
cture vacated r
immediately; and
,
b. T1,ele buailslin official shall cause the building or structure to be made safe. if
g g
the cost to re-p= is Move than 50 percent of the value of that building; or structure, the
building official shall order,the building or structure demolished.
3. The aiild�ing or structure may be secured or boarded up for a maximum of 30
calendar days, alter which tim. the necessary repairs or construction, alterations, removal, or
demolition shall have beers commenced and completed, provided,;than if an appeal has been
taken, the building or structure may be secured or boarded up during the pendency of the
appeal and for such additional time as the reviewing; board may allow.
4. The 'building official may extend a deadline for repairing, securing or boarding
UP, or demolishing a;building or structure upon a showing of good cause by the owner, and
upon a showing by the owner that the owner has entered into a contract with a licensed
contractor,to perform the necessary work. To allow the owner to be eligible fora deadline
extension, the contract shall require the necessary work to be commenced not later than 60
days followine service of notice to the owner and shall require the work to be completed not
later than 30 days following commencement of the work if the work consists of nonstructural
repairs, or not later Chart s1Cl days followi
� ° from the date of service
filed uD writtang withthe building official vithrn ,�e en caflendaar days
on,a foam provided by the building official containing at least the following information:
1. Identifwation of the building or structure by street address or legal description.
2. A�statement identifying the legal or equitable interest of each appellant.
. .A,statement identifying the specific order of the building official or section ofl�
the code being appealed.
4. A,statement detailing the issues on which the appellant desires to be heard.
5. Tie lqignature of all appellants and their mailing addresses.
6. An ai4&ication ee as determined in the fee schedule. If appellant is successfu
the fee will be ref tided.
Chapter,5. Chapter '.5 is an ended to ready in its entirety:
501.1. As n alternative code enforcement remedy, the Municipal Code Enforeemelin t
Boar&is hereby;authorized to conduct hearings relating to violations of the Standard Unsafe
Building Abatement Code. In any case in which the board finds that a violation has
occurred, the board may order corrective action to be taken by a darts certain, which
k 1 corn tine action may include the repair, improveanent, vacation, or demolition of the
building or structure, and'nmay otherwise;carryout its powers pursuant to Division 9 of
Article III of Chapter 2 of the Code of Ordinances relating to any such violations.
501.2. The dit:aring notice shall be served personally or mailed as required by
section 302.1.3 of 9.his Standard Unsafe Building abatement Code at least ten calendar days
prior to the hearing date.
502. Judicial review. The decision of the building/flood board of adjustment and
appeals shall be subject to judicial review in the circuit court by common law certiorari.
(2) Those provisions of the Standard Unsafe Building Abatement Code not
expressly amended ib, this section 47.161 shall continue in full force and,effect.
'
ARTICLE VM. SIDEWALKS
ALKS
required for new construction and major alterations or
Sim 411.181., Sndead4►s _
additions.
re safer from traffic and other similar dangers, to rovicle
1) £'rt:rt�!'rc�nlly._ To secure Y g 3 1�
areasliich can be utilized by peciestriah traffic and to promote the general welfare and
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safety of the public; all new developments and major;alterations to structures within the city'I
that abut a public right-of= y shall.provide a sidewalk or sidewalks constructed on, across i
or adjacent thereto vis provided in this article.
"2 Pkn considerations. In order to secure a buildin permit to erect a structure ,
�. ) g l
on vacant land, remodel an existing structure where such remodeling will exceed by 50
percent the asses�sed valuation of the property, or add an additional building or structure to
land where a hulldhig or structure already exists and where the value of such additional
building or stricture will exc by 50 percent-the assessed valuation of the property, where
a s not exact, the building plan submitted as part of the securing the building
permit shall prduide for construction of a sidewalk either upon the property or where I the
property is abutting:the:public right-of-way, or upon such right-of-way. The building offrcial�,
when reviewing the,building pens and specifications, shall coordinate with the city engineer)
to insure that the plar.is meet all city sidewalk construction specifications and shall adequateli�
meet the alignment for desirable, convenient and safe pedestrian usage, including routes to yl
existing schools or)proposed schools.
( ) Sfaecoawatlans and construction. The design, materials, width and location of
sidewalks shall be in accordance with city standards as established by the'city engineer.
� )
Selz la 1� a earn l-tfan. Sidewalk construction shall be required to be
official may issue a certificat
completed at the property owner"s expense before the building ® y
of'occupancy for any 1 building or structure for which sidewalks are required. However, the
'3 certify to of oc�up ancy may be issued if the sidewalk construction is fully teed by ths�
execution and delivery to the city engineer of a bond or certified check covering the cost of
construction. 'Clue city engineer shall place such bond or certified check in escrow with the
office of the city finance director,'and shall notify the city clerk in writing of the action
taken.
Sec, 41 182. Tempmarary waiver of sidewalk requirement.
(1) ProO:?drure. Upon appeal try, an affected property owner, the city manager
shall,have power 4o grant a'temporary waiver of the installation requirement unposed lry thi
article; following a hearing and inspection of the,property,where:
(a) The city manager has determined that natural`topographical conditions,
existing ditchics, tree`location, inadequate right-of-way or other similar physical conditions 'I
peculiar to the premises exist such as would prevent construction of the sidewalk; or,
(p) property pro pertY owner can demonstrate that he would have the only sidewalk
within 200 =t of In )property on the streets which the.property abuts, that such sidewalk
would not forma a part of a route leading to a school or public park, and that the absence of,a
sidewalk would not create a pedestrian hazard by reason of the proximity of the )property toj'
motor vehicle traffic:
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(2) D�cisibn �5yf city manager. Following the hearing and inspection of the
property, the city manager shall render his decision in writing, including written findings of
fat upon which the decis ion is fused, and shaJI serve the decision upon the affected property
owner by maiiling copy of such Inding y certified mail to the`address provided by the
rty,owner,
,
(3) Appeal ter city commission. If the request for a weer is denied, the affected
p sperty owner may a 'm it the decision to the city commission by fifling a notice of appeal`
with the city clerk- within to r, days following receipt of the decision of the city manager.
(�) Decision bh!Y ivi con unission. Upon appeal by the property owner to the city
comm,ission of a decision not to grant a temporary waiver, the city commission may,grant
temporary waiver, frith or without conditions, upon the affirmative vote of four
commissioners after.Bete mix-gig that the conditions described in subsection (l) of this section
exist.
(5), Constrlucaon pursuant,to assessment procedure. The grant of the temporary
waiver provided for in this section shall not be construed or applied to deprive the city of the
right to construct such sidewalk pursuant to an assessment procedure.
i
Section 2. 7Giais ordinance shall take effect on March 31, 1995;
PASSED ON',ku'r READING March 2, 1995
,•,3ilc�k.:. t
,r PASSED GN'i SEACCUD APM FINAL
READING ANt) ADOPTED Ma ch 16, 1995
,
Rita Garvey,'-' Mayor-Commissioner
Attest:
a 1
Cynthia E. G deau,;City Clerk
Approved as to form and
legal sufficiency:
Pamela K. Albin, City Attorney
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