TOWN OF JUPITER (Local Building Code Amendment to the Florida Building Code 2020 (7th Edition)) DATE: November 3, 2020 TO: The Honorable Mayor and Members of the Town Council THRU: Matt Benoit, Town Manager FROM: Roger Held, Building Department MB Director SUBJECT: Ordinance 19-20, Local Building Code Amendment to the Florida Building Code 2020 (7th Edition) EXECUTIVE SUMMARY: The Florida Legislature enacted Florida Statute Section 553.73, mandating statewide Florida Building Code (FBC), allowing local governments to adopt their own Administrative Chapter of the FBC, which we have shown in underlined text. This proposed Ordinance 19-20 adopts an updated Chapter 1 “Administration” of the FBC 7th edition (2020). The amendments are not codified into the Town’s code but rather adopted by reference. If approved, Ordinance 19-20 will be available for review with the Florida Building Commission and also posted on Town of Jupiter’s website effective December 31, 2020. Exhibit “A” Outlines the duties and responsibilities of the Building Department and the minimum standards for construction documents; outline permit requirements, minimum inspection requirements and provide for an appeal process. Exhibit “B” Provides for higher regulatory standards related to construction taking place in a special flood hazard area. These amendments are in compliance with the National Flood Insurance Program (NFIP) and are known as higher “regulatory standards” or “free board”. A higher compliance standard helps assure safe and dry structures in flood events and improves our Community Rating System (CRS) score, resulting in lower flood insurance premiums for our residents. The Planning and Zoning Commission voted and approved Ordinance 19-20 on October 13, 2020. RECOMMENDATION: Staff finds the recommended text amendments benefit the health, safety and general welfare of the public, and are consistent with the comprehensive plan. Therefore, staff recommends approval. Strategic Priority: Safety Attachments: Ordinance 19-20 Exhibit A Exhibit B Funding Source: Funding is not necessary for this request For more information or to request attachments, please contact Lilian Cain, [email protected] 1 ORDINANCE NO. 19-20 2 3 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF 4 JUPITER, FLORIDA, AMENDING ORDINANCE 28-14 TO 5 UPDATE AND AMEND CHAPTER 21 OF THE CODE OF 6 ORDINANCES, ENTITLED "BUILDINGS AND BUILDING 7 REGULATIONS"; PROVIDING FOR THE AMENDMENT OF 8 SECTION 21-106 REGARDING THE ADMINISTRATION OF THE 9 7th EDITION 2020 OF THE FLORIDA BUILDING CODE AS SET 10 FORTH IN EXHIBIT “A” AND EXHIBIT “B” ATTACHED HERETO 11 AND INCORPORATED HEREIN; PROVIDING FOR THE 12 ENFORCEMENT OF VIOLATIONS; PROVIDING THAT IN THE 13 EVENT OF CONFLICT THE MORE STRINGENT PROVISIONS 14 SHALL PREVAIL; PROVIDING FOR CODIFICATION; PROVIDING 15 FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS 16 IN CONFLICT; PROVIDING FOR INCLUSION IN THE CODE BY 17 REFERENCE ONLY; PROVIDING FOR AN EFFECTIVE DATE. 18 19 WHEREAS, the Town Council of the Town of Jupiter, Florida has previously 20 adopted the Florida Building Code which provides for a uniform building code throughout 21 the state of Florida: and 22 23 WHEREAS, the Florida Legislature has authorized and the Town Council has 24 enacted certain modifications to the Florida Building Code which are intended to address 25 specific local conditions within the Town of Jupiter, Florida; and 26 27 WHEREAS, the uniform Florida Building Code which pre-empts all local 28 government building codes except for authorized “local” amendments thereto; and 29 30 WHEREAS, the Section 553.73, Florida Statutes, authorizes local governments to 31 adopt amendments to provide for the local administration of the Florida Building Code Ord. 19-20 10.13.20 Page 2 32 provided that said amendments do not reduce the minimum standards of the Florida 33 Building Code; and 34 35 WHEREAS, pursuant to 163.317(4)(c), F.S. the Town’s Local Planning Agency 36 has reviewed this Ordinance amending the Florida Building Code and has recommended 37 to the Town Council that it adopt the Ordinance; and 38 39 WHEREAS, the Town Council has determined the amendments contained herein, 40 are consistent with the adopted Comprehensive Plan of the Town of Jupiter, Florida as 41 required by 163.3194(2), F.S.; and 42 43 WHEREAS, the Town Council has determined that the amendments herein 44 properly implement the amendments to the Florida Building Code and that the “local” 45 amendments are necessary for the Town’s administration of its Building Code; and 46 47 WHEREAS, the Town Council has determined the adoption of a requirement to 48 increase the minimum elevation requirement for buildings and structures in flood hazard 49 areas would further the public’s health safety and general welfare; and WHEREAS, 50 pursuant to section 553.73(5), F.S. the town participates in the National Flood Insurance 51 Program’s Community Rating System, and has adopted a technical amendments to the 52 Florida Building Code: Ord. 19-20 10.13.20 Page 3 53 NOW THEREFORE, be it ordained by the Town Council of the Town of Jupiter, 54 Florida that: 55 Section 1: Enforcement 56 The building official of the Town of Jupiter, Florida, shall have the authority and 57 responsibility to enforce this Ordinance. The building official or his designee, and police 58 or code enforcement officers of the town are authorized by Chapter 162, Florida Statutes 59 and Chapter 8 of the Town’s code of Ordinances to enforce the provisions of the Florida 60 Building Code, including the “local” amendments which are set forth in this Ordinance. 61 Section 2: Prevailing Standards In the Event of Conflict 62 It is the intent of this Ordinance to maintain the highest standards for the Building and 63 Construction Codes of the Town of Jupiter, Florida. In the event of a conflict between the 64 standards of the several codes hereby adopted, the more stringent provisions shall 65 prevail. 66 Section 3: Repeal of Laws in Conflict 67 Any and all other Ordinances of the Town of Jupiter, Florida, or parts thereof, which are 68 in conflict herewith, or any part hereof, are hereby repealed. 69 Section 4: Severability 70 If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any 71 reason held invalid or unconstitutional by any court of competent jurisdiction, such portion 72 shall be deemed a separate, distinct and independent provision and such holding shall 73 not affect the validity of the remaining portions hereof. 74 Section 5: Fiscal Impact Statement Ord. 19-20 10.13.20 Page 4 75 In terms of design, plan application review, construction and inspection of buildings and 76 structures, the cost impact as an overall average is negligible in regard to the local 77 technical amendments because all development has been subject to the requirements of 78 the local floodplain management ordinance adopted for participation in the National Flood 79 Insurance Program. In terms of lower potential for flood damage, there will be continued 80 savings and benefits to consumers. 81 Section 6: Amendments to Chapter 21 of the Town Code. 82 Chapter 21, Buildings and Building Regulations is revised as follows: 83 Sec. 21-106. Building Code-adopted by reference. 84 The amendments to the Florida Building Code, as set forth in Exhibit “A” and Exhibit “B” 85 which is attached hereto and incorporated herein, is hereby adopted and incorporated 86 into the Town’s Code of Laws and Ordinances as though fully set forth herein. 87 Section 7: Effective Date 88 This Ordinance shall become effective December 31, 2020. 89 Exhibit "A" - Town of Jupiter Administrative Amendments to the Florida Building Code 90 91 Exhibit “B” - Technical amendments to the Florida Building Code, Residential; Florida 92 Building Code, Existing Building and Florida Building Code, Building. 93 94 Ord. 19-20 10.13.20 Page 5 95 EXHIBIT A 96 97 TOWN OF JUPITER ADMENDMENTS TO THE 98 FLORIDA BUILDING CODE 7TH EDITION 2020 99 CHAPTER 1 100 101 Table of Contents 102 103 Section 101 GENERAL 104 Section 102 APPLICABILITY 105 Section 103 DEPARTMENT OF BUILDING SAFETY 106 Section 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 107 Section 105 PERMITS 108 Section 106 FLOOR AND ROOF DESIGN LOADS 109 Section 107 SUBMITTAL DOCUMENTS 110 Section 108 TEMPORARY STRUCTURES AND USES 111 Section 109 FEES 112 Section 110 INSPECTIONS 113 Section 111 CERTIFICATES OF OCCUPANCY AND COMPLETION 114 Section 112 SERVICE UTILITIES 115 Section 113 CONSTRUCTION BOARD OF ADJUSTMENTS AND 116 APPEALS 117 Section 114 VIOLATIONS 118 Section 115 STOP WORK ORDERS 119 Section 116 UNSAFE STRUCTURES AND EQUIPMENT 120 Section 117 VARIANCES IN FLOOD HAZARD AREAS 121 Section 118 SEVERABILITY 122 123 Exhibit B TECHNICAL AMENDMENTS TO THE FLORIDA 124 BUILDING CODE 125 Ordinance 19-20 126 127 CHAPTER 1 128 ADMINISTRATION 129 Ord. 19-20 10.13.20 Page 6 130 131 SECTION 101 132 GENERAL 133 134 101.1 Title. These regulations shall be known as the Florida Building Code hereinafter 135 referred to as “this code.” 136 137 101.2 Scope. The provisions of this code shall apply to the construction, alteration, 138 movement, enlargement, replacement, repair, equipment, use and occupancy, location, 139 maintenance, removal and demolition of every building or structure or any appurtenances 140 connected or attached to such buildings or structures. 141 142 Exceptions: 143 144 1. Detached one- and two-family dwellings and multiple single-family dwellings 145 (townhouses) not more than three stories above grade plane in height with a 146 separate means of egress and their accessory structures shall comply with the 147 Florida Building Code, Residential. 148 149 2. Existing buildings undergoing repair, alterations or additions and change of 150 occupancy shall comply with the Florida Building Code, Existing Building.