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O-61-197 ~. -.- .f . ". ORDINANCE No. /91 AN ORDINANCE ADOPTING BY REFERENCE THE REGULATIONS OF THE SOUTHERN STANDARD BUILDING CODE; PROVIDING PENALTY FOR VIOLATION OF TillS CODE AND THIS ORDINANCE; DECLARING PASSAGE OF THIS ORDINANCE AS AN EMERGENCY MATTER, AND EFFECTIV£ DATE; PROVIDING OTHER MATTERS RELATING THERETO. WHEREAS, the City Council of the City of Clermont believes that the building progress of the City of Clermont can best be served by a modern Building Code, kept to-date by those best qualified to prepare and maintain same; and, WHEREAS, this Council finds the Southern Standard Building Code, 1960-1961 edition, as promulgated by The Southern Building Code Congress, 1116 Brown-Marx Building, Birmingham, Alabama, if adopted by this Council as the Building Code of this City, will more equitably serve those constructing buildings and other structures, altering or repairing same, than a Code drafted by this Council; and, WHEREAS, the immediate adoption of said Code is necessary so that this City will have a current and complete Building Code in effect; therefore, BE IT ORDAINED AND ESTABLISHED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLO~lDA: SECTION 1. Permit required. It shall be unlawful to construct any building or structure in the City where the cost of such construction exceeds one hundred dollars or to alter or remodel any building or structure so as to change the bearing walls, beamE\" supports or the roof thereof, without having first secured a permit therefor, or in violation of the terms of such permit, or in vio- lation of the terms of this chapter. . . SECTION I 1. Plans and specifications. No permit shall be issued for the construction of any building or structure, or for remodeling or repairing affecting bearing walls, roofs other than resurfacing, or chimneys, or for moving a building onto premises in the City, unless the application is accompanied by a plat or sketch of the proposed location showing lotrboundaries, and by plans and specifications showing the work to be done. Such plans and specifications shall, if required by the City Council, or its Building Committee shall bear the seal or signature of a licensed architect or designer. New materials will be approved by inspector when approved by Bureau of Standards . SECTION III:. Other Ordinances. All work done under any permit issued shall be in full com- pliance with the Zoning Ordinance, the Water Ordinance, the Street Ordi- ances, the Sanitary Ordinances of the City and of the State of Florida, and all other"ordinances of the City pertaining thereto. In addition to the fees for permits hereinafter provided for, there shall be paid the City such other fees pertaining to water connections, meters, and so forth, as pre- scribed and required under ordinances pertaining to the construction, alteration or repairing of buildings and other structures in the City of Clermont. SECTION IV. Adoption of Regulations. (a) The regulations of the 1960-1961 Revision of the Southern Standard Building Code, including Appendices A to D inclusive, recom- mended and published by the Southern Building Code Congress, 1116 Brown- Marx Building, Birmingham, Alabama, published in book form, are hereby adopted as the resulations governing the construction of buildings or other structures in the City of Clermont, Florida; and, it shall beiUnlawful to -two- . . erect or construct any buildings or structures in this City in violation of, or without complying with, those regulations. At least two (2) copies of said Code shall be kept at all times on file in the City Clerk's office for inspection. (b) The term "Building Department" as used in said Code shall mean the City Council and the Building Committee thereof. (c) The term "Building Official"as used in the said Code shall mean the Building Inspector, or any other officer of the City designated by the City Council having the duty to enforce the building regulations of the City. SECTION V. Administration - Fees. (a) The Building Inspector shall have the power and duty to en- force the provisions of this Ordinance. (b) All permits shall be issued by the Building Inspector after approved by the Council or the Building Committee thereof. (c) Any schedule of fees in the Code shall be disregarded and like fees heretofore established by ordinances of the City shall be in effect in \ \ li~u thereof. f f SECTION V I. Stop Order. (a) Whenever any work is being done in violation of provisions of this Ordinance, or at variance with the terms of any permit issued for such work, the Building Inspector may order all work on the job stopped until such violation or variance is eliminated and any work or installation made in violation of this Ordinance corrected. Such stop order, if oral, shall be followed by a written stop order within twenty-four hours (excluding Satur- day, Sunday, or holidays). (b) It shall be unlawful to do or perform any work in violation of -three- . . such stop order, except as may be necessary to prevent injury or damage to persons or property. (c) A stop order may be appealed in writing to the City Council, delivered to the City Clerk, and when so received he shall notify the Mayor whQ3hall call a special meeting of the Council within forty-eight hours of his receipt thereof. At this meeting the Building Inspector and the person, firm or corporation against whom the stop order was issued shall be fully heard, and at the immediate conclusion of the hearing the Council shall, by a majority vote of those present, either confirm or re- voke the stop order. Until the Council's decision is handed down it shall be unlawful to do or perform any work in violation of the stop order. SECTION V II. Interpretation. (a) Whenever in the building regulations it is provided that anything must be done to the approval of or subject to the direction of the Building Inspector or any other officer of the City, this shall be construed to give such officer only the discretion of determining whether the rules and standards established by ordinance have been complied with; and, no such provision shall be construed as giving any officer discretionary powers as to what such regulations or standards shall be, or power to require con- ditions not prescribed by ordinance or to enforce ordinance provisions in an arbitrary or discriminatory manner. (b) If any person is not in agreement with the Building Inspector's determination of whether the rules and standards established have been complied with, then such person shall appeal to the City Council in the same manner as provided for in Section VI above, and the Council shall then make such determination. -four - o SECTION V I I I. Certificate of Occupancy. No certificate of occupancy for any building or structure erected, altered or repaired after the adoption of this Ordinance shall be issued un- less such building or structure was erected, altered or repaired in com- pliance with the provisions of this ordinance. SECTION IX. Standards. All work on the construction, alteration and repair of buildings and other structures shall be performed in a good, workmanlike manner according to the accepted standards and practices in the trade. The pro- visions of the Southern Standard Building Code, 1960-1961 edition, shall be considered standard and acceptable practice for all matters not specifically covered in this Ordinance, and the fire resistance ratings for materials in the Southern Standard Building Code, 1960-1961 edition, shall be considered as correct in the application of the provisions of this Or- dinance. SECTION X. Penalties. (a) Any person, firm or corporation, or agent, who shall be found guilty of violating this Ordinance shall be fined a" sum not in excess of $300.00 or imprisoned for not more than thirty days in the City Jail, or both. o (b) Each such person, firm or corporation, or agent, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Ordinance or Code herein adopted by reference is committed, or continued, and upon convic- tion of any such violation such person, firm, corporation or agent shall be punished as herein provided. (c) Any provision in Sec. 114 of said Code pertaining to the -five- . . . , . , limits of punishment as provided by "State laws" shall be interpreted herein to mean and refer to the penalties herein provided. SECTION X 1. Invalidity of any Section or Provision - Separability. (a) It is the intention of the City Council that this Ordinance and every portion thereof, shall be considered separable; and the in- validity of any Section, clause, provision or part or portion of any Section, clause or provision of this Ordinance, shall not affect the validity of any other portion of this Ordinance. SECTION XII. General repealing clause - Saving clause. (a) Repeal of other ordinances and provisions: All ordinances and parts of ordinances in conflict herewith be, and the same hereby are repealed. (b) Saving clause - pending action: The repeal of the ordinances or parts of ordinances effectuated by the enactment of this Ordinance shall not be construed as abating any actions now pending under or by virtue of such ordinance or as discontinuing, abating, modifying or altering any penalty accruing or to accrue or as affecting the liability of any such person, firm or corporation, or agent, or as waiving any right of the City under any section or provision existing at the time of the passage of this Ordin- ance. SECTION X I II. Finding of Emergency. This Ordinance is passed as an emergency measure, and the Council does, by the vote by which this Ordinance is passed, hereby de- clare that an emergency exists, which makes it imperative that this Ordin- ance should become effective forthwith in order that the public health, wel- fare and safety might most effectively be provided for. ------------------------- PASSED by the City Council of the City of Clermont on its first -six- . . reading on June 6, 1961. PASSED by the City Council of the City of Clermont on its second reading on June 6, 1961. PASSED by the City Council of the City of Clermont on its third reading on June 6, 1961. e J ~et;i£ofce~{lncil .....~. " {' .. . #~ /; >,? ;.~,,~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECEIVED AND APPROVED by me this June 7d. , 1961. . ,y;; Cl~¿þ.~J - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CER TlFICA TE PO$TlNG OF .... " ~. $' ,~ '" I HEREBY CERTIFY that a copy of this Ordinance was posted as requi-r:ed by the Charter and General Ordinances of the City of Clermoñt, Florida, this June 6, 1961. ª.~ ~,,/ ~. '. " '~"",. ... , " - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -seven - 1-'-..... ?r"'~. < -- .~ /< --~ ~= ~- = -~ ~ ~ ':'-~ '" ~ . ,~ ': ~.;"'"... ;;..'-'-\ :;...~,. :.0.'6. ;'t;. ~ ~~.~ :f~ -: .- ......-.~ ~~ (. ~ -;, ~ . ....~.'.:~~......,~ ...,.