O-249-C
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CITY OF CLERMONT
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. CODE ORDINANCES
No. 249-C
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING CHAPTER 5 BUILDINGS,
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH,
PROVIDING FOR SEVERABILITY, PROVIDING FOR
AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION.
THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT:
Chapter 5 Buildings is hereby amended as follows:
SECTION 1.
Article I General
Section 5-1. Statement of Purpose.
The purpose of this ordinance is to promote the public health, safety
and welfare by establishing codes and regulations for buildings and
construction.
Section 5-2. Adoption of Codes.
The following standard codes relating to building construction are
hereby adopted by reference as if set out at length herein and shall
be controlling in the construction of all buildings and other struc-
tures in the City of Clermont:
(a)
(b)
(c)
(d)
Standard Building Code, 1985 edition and 1986 amendments
Standard Plumbing Code, 1985 edition and 1986 amendments
Standard Housing Code, 1985 edition
National Electrical Code, 1987 edition
(e) Standard Gas Code, 1985 edition and 1986 amendments
(f) Standard Mechanical Code, 1985 edition and 1986 amendments
(g) Standard Swimming Pool Code, 1985 edition
(h) Life Safety Code, 1985 edition
(i) Standard Excavating and Grading Code, 1981 edition and
amendments
(j) Standard Fire Prevention Code, 1985 edition and 1986
amendments
(k) Florida Energy Code, 1985 edition
(1) Standard Unsafe Building Abatement Code, 1985 edition
Section 5-3. Building Official - Definition
For the purposes of this chapter the building official shall be a
qualified City employee appointed by the city manager. Nothing herein
shall prohibit the City of Clermont from contracting with the County
or another agency to act as the building official for the City.
Section 5-4. Amendments to National Codes.
The building and construction codes adopted in this ordinance are
amended as follows:
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CODE ORDINANCES
No. 249-C
Page two
(1) Standard Building Code -- Sections 103.8 (reports), 106.2
(contractors license and bond), 111 (board of adjustment
and appeals), 112 (appeals), 113 (decision of board of
adjustment and appeals) of Chapter I; are not adopted.
(2) Standard Building Code -- Section 1001.6(d) shall only
require ~" thick gypsum board on ceiling joists placed on
24" centers.
(3) Standard Building Code -- Section 105.6 of Chapter I is
amended to add Subsection (c) as follows:
(c) Threshold buildings.
(1) For all threshold buildings, as defined in Florida
Statutes, the building official shall require that the build-
ing plans be sent to the Southern Building Code Congress
International, Inc., to be checked for compliance with codes.
All costs of checking the plans shall be paid by the appli-
cant. Plans may be submitted to the building official to
be checked for compliance with codes prior to the issuance
of a building permit and imposition of building permit fees.
In all cases, the cost of plan checking shall be submitted
with the plans.
(2) Pursuant to Florida Statute 553.79(5), all struc-
tural components of a threshold building which relate to the
public health, safety or welfare shall be inspected by a
special inspector who shall be present during any time such
components are being constructed. In such a case the actual
cost of employing such outside special inspector shall be
borne by the building permit applicant and shall be paid
prior to issuance of the certificate of occupancy.
(3) For all threshold buildings as defined in Florida
Statutes, a registered architect. or engineer must submit a
sworn affidavit stating that the plans submitted conform to
the laws as to egress, type of construction and general
arrangement and if accompanied by drawings, showing the
structural design and by a statement that the plans and
design conform to the requirements of this Code as to
strength, stresses, strains, loads and stability. On the
completion of the structure the architect or engineer must
submit a sworn affidavit that the structure has been
erected in accordance with the requirements of this Code.
The architect or engineer assumes full responsibility for
the compliance with all provisions of this Code and other
pertinent laws or ordinances.
(4) Section 504 of the Standard Plumbing Code is hereby amended
to read as follows:
Exception No.1: "No hub" cast iron is allowed when prop-
erly installed on firmly tamped ground and supported
horizontally by brick or concrete supports.
Exception No.2: The only PVC pipe allowed will be Schedule
40 DWV NSF or 1120 Schedule 40-CS272-65 DWV, or its
equal. 40 Schedule PVC used for drinking water supply
must be stamped NSF.
Orangeburg pipe is not allowed. Asbestos cement pipe
may be used only for water service connections. (Ord.
No. 179-C §7, 7-25-78; Ord. No. 217-C, §l, 8-25-81;
Ord. No. 219-C, §1, 11-24-81.)
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CODE ORDINANCES
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Page three
(5) Standard Mechanical Code -- Section 608 (g)(3) (refrigerant
piping) is not adopted.
(6) Standard Fire Prevention Code -- Chapter 2 (board of appeals
and adjustment) is not adopted.
(7) National Electrical Code -- (a) All electrical wH1ng in
commercial or industrial buildings will be in conduit.
(b) Whether solid or stranded, conductors shall not be
smaller than No. 12 copper. All aluminum wiring is pro-
hibited, except that No. 6 or larger may be used between
the meter and the panel.
Article 230-72 of the National Electrical Code is hereby
amended as follows:
Exception No.8: The service disconnecting means, if resi-
dential, shall be installed on the outside of the
building, as near the point of entrance of service
wires as possible, considering the type of building
and accessibility in case of fire. Service disconect-
ing means may be installed on the inside of the build-
ing if approved by the building official or fire
official, if necessary for fire or security reasons.
Section 5-5. Qualifications for practice; State certified or have a
valid Lake County Certificate of Competency. Any person who desires
to engage in the following contracting classifications shall be state
certified or have a valid Lake County Certificate of Competency.
(1) General Contractor
(2) Building Contractor
(3) Residential Building Contractor
(4) Master Electrical Contractor
(5) Master Plumbing Contractor
(6) Mechanical Contractor
(7)
(8)
(9)
Class A Air Conditioning Contractor
Class B Air Conditioning Contractor
Class C Air Conditioning Contractor
(10) Roofing Contractor
(11) Sheet Metal Contractor
(12) Commercial Pool Contractor
(13) Residential Pool Contractor
(14) Swimming Pool Servicing Contractor
(15) Underground Utility Contractor
(16) Solar Water Heater Contractor
Section 5-6. Exemptions. Exemptions to Certification of Contractors
listed in Section 4.08 of the Lake County Building Code shall also
apply within the corporate limits of the City of Clermont.
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Page four
Section 5-7. Building permit fees. Building, plumbing, electrical,
mechanical and other related permit fees shall be established by
Resolution by the City Council of the City of Clermont.
Section 5-8. Administration.
(a) The building official shall have the power and duty to enforce
the provisions of this article.
(b) All permits required by the provisions herein shall be issued by
the building official. (Ord. No. 179-C, §2, 7-25-78)
Section 5-9. Plans and specifications.
(a) 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 site plan of the proposed location
showing lot boundaries, and by plans and specifications showing
the work to be done.
(b) All work done under any permit issued shall be in full compliance
with all other applicable ordinances and regulations of the City
of Clermont, including but not limited to the zoning ordinance,
the waterworks and sewers ordinance, the street ordinances, the
sanitary ordinances of the City and with the laws of the State of
Florida. In addition to the fees for permits hereinafter provided
for, there shall be paid to the City such other fees pertaining
to water connections, meters and so forth, as prescribed and
required under ordinances and regulations of the City pertaining
to the construction, alteration or repairing of buildings and
other structures in the City.
(c) Survey data. Each application for permit for new buildings or
structures, and for additions to existing buildings or structures,
shall be accompanied by two (2) copies of a certified scale
drawing prepared by a Florida registered land surveyor or engineer
on which shall be clearly indicated the property corner stakes,
property line dimensions, existing and proposed buildings or
structures, their locations, their overhangs, critical elevations,
yard and building setback requirements, existing rights-of-way,
sidewalks, easements and other pertinent survey data, as may be
required. The building official may waive the requirements for
such survey data when previous survey data are available, no
changes have been made since the survey was completed or the work
is minor and/or clearly within code and zoning requirements.
Section 5-10. Unity of title.
(I) Whenever it is necessary that two or more recorded lots,
plots or parcels or portions thereof be combined, added or joined,
in whole or in part, to any other recorded lot, plot, parcel or
acreage to meet minimum plot area and/or plot dimensions required
by applicable code requirements, the application for building permit
shall be accompanied by official evidence of filing a unity of title
declaration, as herein described, with the Clerk of the Circuit
Court of Lake County. The filing of a copy of the recorded unity of
title declaration is a prerequisite to final approval of the appli-
cation and issuance of a building permit.
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CODE ORDINANCES
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Page five
(2) All lots, plots, parcels or similar legally described and
recorded acreages, or portions thereof to be combined, joined or
added to, in whole or in part, under a unity of title declaration,
shall be adjacent and shall not be physically separated by a dedi-
cated public right-of-way.
(3) The unity of title declaration shall state unequivocally
that the combining of separated recorded lots, plots, parcels,
acreage, or portions thereof shall be regarded as unified under one
title as indivisible building site; that the said property shall be
henceforth considered as one plot or parcel of land, and that no
portion thereof shall be sold, assigned, transferred, conveyed or
devised separately except in its entirety as one plot or parcel of
land. The parties to the declaration shall further agree that the
declaration of unity of title shall constitute a covenant to run
with the land, as provided by law, and shall be binding upon the
signatories thereto, their heirs, successors and assigns, and all
parties claiming under them until such time as the declaration may
be released, in writing, by a properly authorized representative of
the City of Clermont.
(4) The City Manager, or his designated representative, is auth-
orized on behalf of the City of Clermont to release a unity of title
declaration. Such release shall be granted only when such declaration
is no longer necessary or required due to the discontinuance or aban-
donment of the proposed construction giving rise to its issuance. The
City Manager, or his designated representative, is further authorized
on behalf of the City of Clermont to approve changes or amendments
to an existing unity of title declaration when necessary to correct
errors, mistakes or changes in circumstances.
Section 5-11. Special inspectors.
(a) The building official may require the owner to employ, at
the owner's expense, an architect or engineer registered in the State
of Florida under the laws regulating the professions of architecture
and engineering, or a duly credited employee or representative of
either, to inspect and verify on-site that actual construction in a
category or categories, as listed below, complies with the approved
drawings and specifications and the applicable codes and ordinances
of the City.
1. Structural steel framework, or parts thereof
2. Structural steel welding, or critical structural
connections
3. Structural alterations
4. Pile driving
5. Special design or construction methods
6. Buildings or structures three (3) or more stories in
height or in excess of 20,000 square feet of gross
floor area
7. Windows, sliding glass doors and curtain walls of build-
ings or structures three (3) or more stories in height
8. Other buildings or structures, or components thereof,
where the building official determines that on-site
inspection by an architect or engineer, or a represent-
ative thereof, is necessary to protect the health,
safety and interests of the public.
(b) Upon determination by the building official that on-site
inspection by an architect or engineer, or a representative thereof,
is required, he shall so notify the owner who shall select the archi-
tect or engineer and require the selected individual, or the duly
appointed accredited representative, to file a certificate with the
building official on a form provided for that purpose.
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CODE ORDINANCES
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Page six
(c) The architect or engineer, or a representative thereof,
shall be present on the project site at all times when construction
activities for which that individual is responsible are in progress.
He or she shall verify that the work as actually performed complies
with the approved drawings and specifications and applicable codes
and ordinances of the City. The representative shall submit inspec-
tion and progress reports during the time the construction is actually
in progress to the building official on a weekly basis. Upon comple-
tion of the construction work or project, the representative shall
submit a certificate of compliance to the building official stating
that the work was performed in accordance with the approved plan or
plans and specifications and City ordinances. The duties of the
representative shall end with the submission of said certificate.
(d) A final inspection shall be made by the building official
before issuance of a certificate of occupancy.
Section 5-12. Inspections.
(a) A building is considered ready for occupancy after the
actions and inspections listed below are complete, the permit holder
has assured himself that the building is ready for occupancy, and
prior to issuance of a certificate of occupancy.
1. Final plumbing inspection
2. Final mechanical inspection
3. Final electrical inspection
4. State inspection and approval of elevators and escalators,
where installed
5. Final engineering inspection
6. Final fire prevention and protection inspection
7. Final landscaping inspection
8. Inspection of termite treatment
9. Certificate of thermal performance has been filed with
building official
10. Final cleanup of construction site has been performed to the
satisfaction of the building official
II. House numbers (address) are on building
12. Front yard sodded and rear and side yard sodded or seeded
(Note: Items 5, 6, and 7 not required for one, two and three
family dwellings.)
(b) No work shall be done on any part of a building or structure,
or on any plumbing, electrical or mechanical installation, beyond
the point where each successive required inspection is required until
such inspection has been made, the work approved, and the inspector
has so indicated on the permit card at the job site. .
(c) Reinforcing steel or structural framework of any part of any
building or structure shall not be covered or concealed in any manner
whatsoever without first obtaining the approval of the building
official, his representative, or the special inspector if one was
required on the project.
(d) In all buildings where plaster is used for fire protection
purposes, the permit holder or his agent shall notify the building
official after all lathing and backing are in place. Plaster shall
not be applied until the approval of the building official has been
received.
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CODE ORDINANCES
No. 249-C
Page seven
Article II. Standard Building Code. Certificate of Occupancy
Section 5-14. When required. No new building shall be occupied and
no change in occupancy of an existing building or part of a building
shall be made, nor shall an occupational license be issued, until after
the building official shall have issued a certificate of occupancy
therefor. No certificate of occupancy shall be issued until all the
requirements of the City codes for such use are met.
Section 5-15. Contents of Certificate. Upon completion of a building
hereafter erected in accordance with approved plans, and after the
final inspection herein referred to, and upon application therefor,
the building official shall issue a certificate of occupancy stating
the nature of the occupancy permitted, the number of persons for each
floor when limited by law, the allowable load per square foot for
each floor in accordance with the provisions of this code.
Section 5-16. Temporary or partial certificate of occupancy.
(a) Upon written application by the permit holder, the building
official may issue a temporary or partial certificate of occupancy
for a building or structure, or portion thereof to be occupied as
clearly designated and all code requirements for sanitary facil-
ities, means of egress, fire-resistive separation, fire prevention
and protection, structural adequacy and public safety, to include
adequate barricading of the work areas from the areas to be occu-
pied, have been inspected and approved by the building official
or his designee. The application for a temporary or partial cer-
tificate of occupancy shall be accompanied by the following
documents:
(1) A complete description of the work authorized by the
permit remaining to be completed, with the estimated cost of
labor and materials required to complete the project and the
schedule for completion.
(2) Certification that the persons who will occupy the
building or structure, or portion thereof, have been notified,
in writing, that only a temporary or partial certificate of
occupancy will be issued, that physical occupancy by them is
voluntary and that if the permit holder fails to complete the
building or structure, or portion thereof, and obtain a permanent
certificate of occupancy within the ninety (90) day period as
prescribed by section 5-16(b) of this code, they will be re-
quired to vacate the premises. .
(b) A temporary or partial certificate of occupancy shall be
issued for a limited period not to exceed ninety (90) days. All
work required to complete the building or project and obtain final
inspections and a permanent certificate of occupancy shall be
completed within the maximum ninety (90) day time limit. These
provisions shall not apply in case of civil disorder or natural
disaster, or when construction activities are halted due directly
to judicial injunction, order, or similar process. The fact that
the parties or property may be involved in litigation, or that
the owner or his representative did not accurately estimate the
time required for completion prior to requesting a temporary or
partial certificate of occupancy, shall not constitute a justi-
fication for failure to complete the building or project within
the above specified time limit.
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CODE ORDINANCES
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Page eight
(c) If the building or project is not completed within the
maximum ninety (90) day period for a temporary or partial certi-
ficate of occupancy, and the building official has not extended
the time limit for cause as specifically provided in this code,
the temporary or partial certificate of occupancy will auto-
matically terminate.
(1) The building official may extend a temporary or partial
certificate of occupancy for cause in cases of civil disorder,
strike, natural disaster, or when the construction activities
are halted due directly to judicial injunction, order or similar
process; or for failure of any federal, state, county or City
agency to process and complete required documents within the
ninety (90) day time limit.
(2) It shall be the responsibility of the permit holder
who desires to obtain an extension of his partial or temporary
certificate of occupancy to notify the building official of the
reason for cause ten (10) days prior to the expiration date of
the temporary or partial certificate of occupancy.
Section 5-17. Limited Use Partial Certificate of Occupancy
Upon written application by the permit holder, the building
official may issue a limited use partial temporary certificate of
occupancy for a portion of the building or structure, providing the
portion of the building or structure to be occupied is clearly des-
ignated and all code requirements for sanitary facilities, means of
ingress and egress, fire prevention and protection, and public safety
have been inspected and approved by the building official and the
fire chief or his designee.
(a) The application must contain the areas of the building to
be occupied under the limited use partial temporary certificate
of occupancy. It must clearly state how the general public will
obtain access to this section of the building and how construction
areas will be barricaded from public access. In the case of a
single family residence being used for a construction or sales
area, the application must contain a date certain when the struc-
ture will be completed with the approved plans.
(b) A limited use partial temporary certificate of occupancy may
be issued by the building official to remain in force until the
issuance of a temporary or permanent certificate of occupancy.
Section 5-18. Existing buildings.
A certificate of occupancy for an existing building may be ob-
tained by applying to the building official and supplying the infor-
mation and data necessary to determine compliance with this code.
Section 5-19. Appeals.
All appeals to any decision of the building official shall be
referred to the Lake County Board of Examiners.
Article III. Specialized Structures
Section 5-20. Riparian structure requirements.
Structures may be built on or over waterways provided that they
meet the following requirements:
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CODE ORDINANCES
No. 249-C
Page nine
(a) They are located a minimum of ten (10) feet from side lot
lines as extended;
(b) Length shall be no greater than required to provide naviga-
bility, but not more than one hundred (100) feet, whichever is
less, measured from the shore at the established ordinary high
water mark of the waterway;
(c) No part of the structure may be so located as to inhibit
flow or to restrict navigation,
(d) Deck elevation should be at least one foot above the estab-
lished maximum desirable or operating level of the waterway,
except for floating structures;
(e) Warning reflectors shall be installed;
(f) All state and county regulations are met.
Article IV. Fire District
Section 5-21. For the purposes of this code there are no fire dis-
tricts within the City of Clermont. All types of construction are
permitted, provided that they comply with the provisions prescribed
elsewhere in this code.
Article V. Legal Provisions
Section 5-22. Penalties.
(a) Any person, firm or corporation, or agent, who shall be
found guilty of violating this article shall be subject to the
penalties provided by Chapter 1, section 1-8, Code of Ordinances.
(b) Any provision of said code pertaining to the limits of pun-
ishment as provided by State laws shall be interpreted herein to
mean and refer to the penalties herein provided.
(Ord. No. 179-C, §8, 7-25-78)
If any section, sentence, clause, phrase or word of this ordinance is
for any reason held or declared to be unconstitutional, inoperative
or void, such holding of the invalidity shall not affect the remain-
ing portions of this ordinance; and it shall be construed to have
been the Commission's intent to pass this ordinance without such un-
constitutional, invalid or inoperative part therein; and the remain-
der of this ordinance, after the exclusion of such part or parts
shall be deemed and held to be invalid as if such parts had not been
included herein; or if this ordinance or any provisions thereof
shall be held inapplicable to any person, groups of persons, property,
kind of property, circumstances or set of circumstances, such holdings
shall not affect the applicability thereof to any other person,
property or circumstance.
SECTION 2.
All ordinances or parts of this ordinance in conflict herewith
are hereby repealed.
SECTION 3.
Should any section or part of this section be declared invalid by
any court of competent jurisdiction, such adjudications shall not
apply or affect any other provision of this ordinance, except to the
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CODE ORDINANCES
No. 249-C
Page ten
extent that the entire section or part of the section may be insep-
arable in meaning and effect from the section to which such holding
shall apply.
SECTION 4.
This ordinance shall be published as provided by law and it shall
become law and shall take effect immediately upon its second reading
and final passage.
FIRST READING this IO.q¡, day of l.11?..&U~
SECOND READING this 24-« day of J~71?J.
PASSED AND CRDAINED BY THE CI,1Y COUNCIL OF 1H CITY OF CLERMONT, LAKE
COUNTY, FLORIDA THIS Z4,,-fIt day of 1..1q,6fUi1~
R~~&~
, 1987.
, 1987.
, 1987.
ATTEST:
~/?/Ø: CITY CLERK