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O-244-C 1) C1TY OF CLERMONT . CODE ORDINANCES No. 244-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 and welfare by construction. this ordinance is to promote the public health, safety establishing codes and regulations for buildings and 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) Standard Building Code, 1982 edition and 1984 amendments Standard Plumbing Code, 1982 edition and 1984 amendments Standard Housing Code, 1982 edition and 1984 amendments National Electrical Code, 1984 edition Standard Gas Code, 1982 edition and 1984 amendments (d) (e) (f) Standard Mechanical Code, 1982 edition and 1984 amendments (g) Standard Swimming Pool Code, 1982 edition (h) Life Safety Code, 1982 edition (i) Standard Excavating and Grading Code, 1981 edition and amendments (j) Standard Fire Prevention Code, 1982 edition and 1984 amendments (k) Florida Energy Code, 1984 edition (1) Standard Code for the Elimination or Repair of Unsafe Buildings 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. Nòthing 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: · C1TY OF CLERMONT . CODE ORDINANCES No. 244-C Page two (1) Standard Building Code -- Sections 103.8 (reports), 106.2 (contractors license and bond), III (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 architeçt 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. Orange burg pipe is not allowed. Asbestos cement pipe may be used only for water service connections. (Ord. No. l79-C §7, 7-25-78: Ord. No. 2l7-C, §l, 8-25-81; Ord. No. 2l9-C, §l, 11-24-81.) · ClTY OF CLERMONT . CODE ORDINANCES 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 wiring 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 ) Class A Air Conditioning Contractor (8 ) Class B Air Conditioning Contractor (9 ) 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. . C1TY OF CLERMONT . CODE ORDINANCES No. 244-C 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. l79-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. (1) 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. . C1TY OF CLERMONT . CODE ORDINANCES No. 244-C 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. . C1TY OF CLERMONT . CODE ORDINANCES No. 244-C 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 11. 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. . C1TY OF CLERMONT . CODE ORDINANCES No. 244-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-l6(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. . C1TY OF CLERMONT . CODE ORDINANCES No. 244-C 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 maybe 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: . C1TY OF CLERMONT . CODE ORDINANCES No. 244-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. l79-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 . C1TY OF CLERMONT . CODE ORDINANCES No. 244-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 Z3"~ay of ~ SECOND READING this ~ day of .L.-,.¡C ?t{;;ý , 1985. , 1985. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS ~day of ~~ ' 1985. ~.af1d- ATTEST: V~~fi- / WAY~SAUNDERS, CITY CLERK