Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 20-52, Public Hearing, An Ordinance of the City of Port St. Lucie repealing and replacing Chapter 150, Building Regulations, Article I, Administration of the City’s Code of Ordinances adopting the 2020 edition of the Florida Building Code with certain administrative amendments, establishing a City Construction Board of Adjustments and Appeals, setting forth procedures for declaring structures unsafe, and proposing a reduction in the permit fee schedule.
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Submitted By: Tracy Valure, Support Systems Manager
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Executive Summary (General Business): Chapter 150, Building Regulations, Article I, Administration of the City’s Code of Ordinances sets forth the administrative amendments to the Florida Building Code. The proposed ordinance repeals and replaces Ch. 150, Article I to adopt the 2020 edition of the Florida Building Code with certain administrative amendments. Included in these administrative amendments, the proposed ordinance also re-establishes a City Construction Board of Adjustment and Appeals, adopts the nuisance abatement procedures of Ch. 40 for removal of unsafe structures, and modifies the Building Department’s fee schedule, providing for a reduction in the permit fees.
Presentation Information: 15 minutes, Joel Dramis, Building Official
Staff Recommendation: Move that the Council adopt the proposed ordinance as attached.
Alternate Recommendations:
1. Move that the Council amend and approve the proposed ordinance.
2. Move that the Council deny the proposed ordinance and provide staff with direction.
Background: The Florida Building Code Act of 1998 directed the Florida Building Commission to establish a statewide uniform building code known as the Florida Building Code. The 7th Edition Florida Building Code will be in effect throughout the State of Florida as of January 1, 2021. The enforcement of the Florida Building Code is the responsibility of local governments. To facilitate the enforcement of the Florida Building Code, the City Council enacted Title XV, Land Usage, Chapter 150, Building Regulations, of the City’s Code of Ordinances which applies to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. The proposed ordinance is necessary to update the administrative provisions of the City Building Code to reflect the most current provisions of the 7th edition (2020) of the Florida Building Code. In addition to updating the provisions of the Code, the proposed ordinances adopts administrative amendments to the Florida Building Code as authorized by Chapter 553, Florida Statutes. Florida Statutes Chapter 553 allows local governments to adopt and enact local administrative amendments to the Florida Building Code that are more stringent than the minimum standards described therein, so long as such amendments are transmitted to the Florida Building Commission within 30 days after enactment and are made available to the general public in a useable format. In addition to updating the City’s administrative portions of the Florida Building Code, some of the other proposed administrative amendments include re-establishment of a City Construction Board of Adjustment and Appeals, adoption of the nuisance abatement procedures of Ch. 40 for removal of unsafe structures, and modification of the Building Department’s fee schedule to reduce the permit fees.
Issues/Analysis: The Building Official worked with the City Attorney’s Office to update and draft the administrative amendments to the Florida Building Code, to provide a process for the declaration and removal of unsafe buildings and structures, to re-establish a Construction Board of Adjustment and Appeals, and to provide for a reduction in permit fees, among other changes.
Financial Information: The proposed ordinances reduces permit fees (see section 150.001, subsection 109 of the attached for details).
Special Consideration: Although it may appear as though sections were deleted, many sections were moved to another section of the code. For example, section 104.2.2 and 104.2.3 of the current code were moved to sections 105.6.1 and 105.6.2. In addition, section 105.4.1.5 (the requirement that a home be constructed within 3 years) is not in the Florida Building Code, but the Building Official recommended that this section remain in the City’s Code. Nonsubstantive provisions include removing extra section titles and providing consistency in formatting.
Location of Project: City wide as applicable.
Attachments: (1) Proposed Ordinance for adoption; (2) Strike through and underline version of administrative amendments to Ch. 150, Art. I to show proposed revisions; and (3) letters of support.
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
LEGAL SUFFICIENCY REVIEW:
Reviewed by Stefanie Beskovoyne, Deputy City Attorney and Caroline A. Valentin, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.