HomeMy Public PortalAboutOrd 1619-Amending Chapter 14 of the Builiding RegsORDINANCE 1619
AN ORDINANCE OF THE CITY OF CRESTVIEW FLORIDA,
PROVIDING FOR REVISING THE ATTACHMENT REFERRED TO AS
EXHIBIT "A" OF CHAPTER 14, BUILDINGS AND BUILDING
REGULATIONS, OF THE CRESTVIEW CODE OF ORDINANCES;
PROVIDING FOR AUTHORITY; PROVING FOR FINDING OF FACT;
PROVIDING FOR THE PURPOSE OF CORRECTING A SCRIVENER'S
ERROR BY AMENDING "EXHIBIT "A", SECTION 116, UNSAFE
STRUCTURES AND EQUIPMENT, WITH THE ADDITION OF
SUBSECTION 116.2.1 UNSAFE STRUCTURES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE.
Whereas, the City of Crestview, Florida, functions as a local government under the Florida Building
Code and related laws, rules and regulations relative to the building and construction activities
occurring within the City of Crestview; and
Whereas, the 1998 Florida Legislature amended Chapter 553, Florida Statutes, Building
Construction Standards, to create a single State building code of broad and uniform application that
is mandated to be enforced by all local governments; and
Whereas, as of March 1, 2002, the Florida Building Code supersedes all local building codes and the
Florida Building Code is developed and maintained by the Florida Building Commission and is
updated every three (3) years and may be amended annually to incorporate interpretations and
clarifications; and
Whereas, Section 553.73, Florida Statutes, mandates the use of the current version of the Florida
Building Code and Subsection (6) states, "The initial adoption of, and any subsequent update or
amendment to, the Florida Building Code by the commission is deemed adopted for use statewide
without adoptions by local government"; and
Whereas, the enforcement of the Florida Building Code is the responsibility of local governments;
and
Whereas, the City of Crestview actively participates in the enforcement of building construction
regulation for the benefit of the public safety of its citizens; and
Whereas, pursuant to Section 553.73, Florida Statutes, the City Council may adopt amendments to
the administrative provisions of the Florida Building Code, subject to the limitations of said statute;
and
Whereas, the City of Crestview desires to facilitate the enforcement of the Florida Building Code by
enacting administrative amendments which meet the needs of its citizens, attached as "Exhibit A";
and
Adoption Reading: March 27, 2017
Page 1 of 3 Ordinance 1619
Whereas, such amendments must be transmitted to the Florida Building Commission within thirty
(30) days after enactment; and
Whereas, the City of Crestview has complied with all requirements and procedures of Florida law in
processing and advertising this Ordinance; and
Whereas, this Ordinance is consistent with the goals, objectives and policies of the Comprehensive
Plan of the City of Crestview,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CRESTVIEW, FLORIDA:
SECTION 1. Authority. The authority for enactment of this Ordinance is found in §166.021 and
§166.041, Florida Statutes and Section 2 of the City Charter of Crestview, Florida.
SECTION 2. Findings of Fact.
A. Ordinance 1513 repealed and replaced Chapter 14, Buildings and Building Regulations in
its entirety; and
B. Article II.- Building Code Administration, Sec. 14-2 Building Code Administration states:
The City Council of the City of Crestview hereby adopts, in lieu of Chapter 1 of the
Florida Building Code, the "Model Administrative Code for the Florida Building Code", as
promulgated by the Building Officials Association of Florida, with amendments, as
attached hereto as Exhibit "A" and incorporated herein as if fully set from herein verbatim;
and
C. "Exhibit A" Section 116, Safe Structures and Equipment. Subsection 116.1.2 Scope, states:
The provisions of Section 108, Unsafe Structures and Equipment of the 2012 International
Property Maintenance Code, as adapted and incorporated herein, shall apply to all existing
residential and nonresidential structures for administration, enforcement, and penalties
pertaining to regulation of unsafe structures; and
D. Said Section 108, Unsafe Structures and Equipment of the 2012 International Property
Maintenance Code Subsection 116.2.1 Unsafe Structures, defines unsafe structures; and
E. Subsection 116.2.1 Unsafe Structures, does not appear within Exhibit "A" of Ordinance
1513, and has been omitted due to a scrivener's error; and
SECTION 3. Purpose. "Exhibit "A," Section 116, Unsafe structures and Equipment, shall be
amended to include the following verbiage:
116.2.1 Unsafe structures. An unsafe structure is one that is found to be dangerous
to the life, health, property or safety of the public or the occupants of the structure by
not providing minimum safeguards to protect or warn occupants in the event of fire,
or because such structure contains unsafe equipment or is so damaged, decayed
dilapidated, structurally unsafe or of such faulty construction or unstable foundation
that partial or complete collapse is possible.
SECTION IV: Severability. If any word, phrase, sentence, paragraph or provision of this ordinance
or the application thereof, to any person or circumstance is held invalid or unconstitutional, such
finding shall not affect the other provisions or applications of this ordinance which can be given
effect without the invalid or unconstitutional provision or application, and to this end the provisions
of this ordinance are declared severable.
Adoption Reading: March 27, 2017
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SECTION V: Repeal of Ordinances in Conflict. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION VI: Effective Date. This ordinance shall take effect immediately upon its adoption.
PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF
CRESTVIEW, FLORIDA ON THE 27th DAY OF MARCH, 2017.
ATTEST:
ELI7ABETH M. ROY
City Clerk
Th—J tri74._)'
JOSEP BLO R
Council P esident
APPROVED BY ME THIS DAY OF , 2017.
DAVID CADLE
Mayor
Adoption Reading: March 27, 2017
Page 3 of 3 Ordinance 1619