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HomeMy WebLinkAboutR-1999-108 Ir .v® r. ' r / Y RESOLUTION NO. 108.99 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING THAT THE FLORIDA BUILDING COMMISSION ADOPT A FLORIDA BUILDING CODE THAT WILL MAINTAIN THE CURRENT LEVEL OF LIFE SAFETY PROVIDED TO THE CITIZENS AND RESIDENTS OF BROWARD COUNTY IN THE CURRENT SOUTH FLORIDA BUILDING CODE; AUTHORIZING AND DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE GOVERNOR OF THE STATE OF FLORIDA, THE FLORIDA BUILDING COMMISSION, THE INSURANCE COMMISSIONER OF THE STATE OF FLORIDA, THE DIRECTOR OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE BOARD OF COUNTY COMMISSIONERS OF BROWARD, MIAMI-DADE AND MONROE COUNTIES, THE BROWARD COUNTY LEGISLATIVE DELEGATION, THE CITY COMMISSION OF EACH CITY IN BROWARD COUNTY, THE FLORIDA LEAGUE OF CITIES, THE BROWARD COUNTY LEAGUE OF CITIES AND OTHER INTERESTED GOVERNMENTAL AGENCIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to§553.73, Florida Statutes, the Florida Building Commission is required to submit to the State of Florida Legislature a statewide uniform Florida Building Code prior to the 2000 regular legislative session; and WHEREAS, the Florida Building Commission is in the process of drafting, reviewing and revising the Florida Building Code; and WHEREAS, Broward County is the second largest County in the State of Florida and, due to its geographical location, is likely to be subjected to tropical hurricanes, as are many of the extensive number of coastal counties in Florida; and WHEREAS, the proposed draft of the Florida Building Code will not ensure adequate protection by the structural components and envelope system of the building, administrative requirements and enforcement provisions, detailed plan review, and comprehensive inspection processes; and RESOLUTION NO. 108-99 f Y r 7 WHEREAS, the Florida Building Commission and its appointed Technical Advisory Committees have not acted within the spirit and intent of the legislative directive to promulgate a code that addresses regional and local concerns and variations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2. The City Commission of the City of Dania Beach, Florida hereby petitions the Governor of the State of Florida, the State of Florida Legislature and the Florida Building Commission to adopt and authorize the use of pertinent sections of the South Florida Building Code in hurricane prone areas such as Broward County, Florida. Section 3. The City Commission hereby petitions the Governor of the State of Florida, the State of Florida Legislature and the Florida Building Commission to adopt administrative provisions which would ensure the retention of a higher caliber of individuals enforcing the Florida Building Code. Section 4. The City Commission shall continue to vigorously present such provisions to the Florida Building Commission and take all other actions as deemed appropriate, to maintain the level of life safety protection currently provided to the residents of South Florida and, in particular, Broward County, Florida. Section 5. The City Commission hereby petitions the Governor of the State of Florida, the State of Florida Legislature and the Florida Building Commission to adopt provisions which will ensure that South Florida and Broward County maintains their its current level of enforcement and superior hurricane provisions and which adequately protect the property of citizens of the region, including Broward County, thereby avoiding the escalation of insurance rates in Broward County. Section 6. The City Clerk is hereby authorized and directed to transmit a certified copy of this Resolution to the Governor of the State of Florida, the Florida Building Commission, 2 Resolution No. 108-99 t- i h T 1 r the Insurance Commissioner of the State of Florida, the Florida Department of Community Affairs, the director of the Federal Emergency Management Agency, the Board of County Commissioners of Broward, Miami-Dade and Monroe Counties, the Broward County Legislative Delegation, the City Commission, or City Council, of each City in Broward County, the Florida League of Cities, the Broward County League of Cities and any other interested agency of government having jurisdiction over the matter. Section 7. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 8. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 9. This resolution shall become effective immediately upon its passage and adoption. PASSED and ADOPTED this 8"day of June, 1999. i MAYG R� COMMISSIONER ATT T: ��J/� ROLL CALL: T MAYOR BERTINO- YES CITY CLERK VICE-MAYOR MCELYEA -YES COMMISSIONER CALI —YES COMMISSIONER ETLING-YES APPROVED AS TO FORM COMMISSIONER MIKES-YES AND CORRECTNESS: By: CITY A TORT •Y 3 Resolution No. 108-99 i r 7 SUN-SrNlINIA., Soll'I'I1 1:1OW )A I t'IiS1)AI', JUL1 13, 1999 Buildin //���y... The first draft the proposed state- wide code,however,eliminated tougher walls, requirements for shutters and higher-quality roofs required underthe, South Florida Building Code used in ® CI S Broward Monday, ay,bo rDade. 1 On Monday,board members ranked a dozen proposals that grew out of sharp complaints from the public and govern. ment officials that the building commis- sion might abandon local hurricane pro. tections._akeThe two highest-rated proposals by, commissioners create high-risk hurri- ,anezonesfor Palm Beach, Broward �� and Miami-Dade. YOneproposalestablishesthehurri- head cane zone for nearly all Florida coastal' counties. I'' The highest-ranked proposals gener- StateCo 7es*lll ally mirror construction practices al. (� l ready used in Palm Beach County,but they don't go far enough for some offi- worries S. Florida cials in Broward and Miami-Dade. There are concerns among Broward By ALAN CHERRY and Miami-Dade officials that the top STAFF WRITER two proposals leave too much to risk. . The greatest disagreement is all. ST.AUGUSTINE—Movement was chmed in construction philosophy. made on Monday toward keeping South Monday's top suggestions say any Florida homes safe in a hurricane.But it material or method of construction wasn't enough to satisfy some South should be allowed if it meets basic stan- Florida officials. Bards established by professional engi- The Florida Building Commission,a neers and architects. 23-member board,took steps to allow That practice leaves room for error, South Florida to keep current hurricane say Broward and Miami-Dade officials. protections and higher construction For example, materials and work- standards in a proposedstate building manship of the Country Walk develop- code. ment in Miami-Dade were approved,but But the board will have tocompro- the CountryWalswas destroyed byFfur: mise more before fully meetingthe de. ricane Andrew in 1992. mands 0f Broward and Miami-Dade The leading proposals also might al- countyof(icials. lowshutters that are slightly less sub. "It is a great first step,but there is a stantial than those mandated in Brow- longwallttogo,"said Rusty Carroll,a ardandMiami -Dade. structural expert with the Broward County Board of Rules and Appeals. The commission will continue meet- ing today to discuss building inspections and code-enforcement issues. The board has a legislative mandate to create a new statewide building code this year.It would take effect in 2001, The legislature ordered the creation of the new code,in part,to streamline hun• dreds of conflicting construction laws in Florida. f s l4-- Ir r-, -r 03 State reviews S. Fla. code concerns BYcFF AEAsNnITER CHERRY Statewide building rules would cut back standards' officials in region say willing(haven't real ly touched tlie tip of(Ile iceberg in the issues we The Florida Building Commis- that night keep this area happy. from county and city governments When commission members Florida keep its own building rules have with the[statewide]code," Sion today will review nearly a doz. "Just leave us alone,"said James in Broward and Miami Dade can it nice for two days in SL Augustine to ignoring this regioITS worries said Frank Zuloaga,a rcmfingcodc en plans intended to address war. Pillon,executive director of the ties as the build ing commission has starting loday,lheywill resiewand over the proposed state rules. expert wish the Miami-Dade Build ries South Flo ridians have with a Broward County Board of Rules ignited a controversy separating rate proposals Intended toaddress Most options arecompromises, ing Department. proposed statewide building code. and Appeals, South Florida from the rest of Ilie South Florida's concerns.Those which manygovernmenlconslruc- Bu(there is only one solution That sentiment also has come slate. proposals range from letting South (ion experts in this area are not ■CODES continues on 28 Alla\Vn,,IUTA 1!.1999 -rcp LOCAL aim Se It""I Ito m - SUN-SLNTI NIA.,s0UTii bLOR I1)A State buildingcommission reviewm lans gp ® CODES and and Miami Dade officials. Astudyordered by(hc governor's cent to 12 percend,say industryex- South Florida's concerns were Rick Dixon,the building com. Broward and Miami-Dade offi. office in 1996 cited poor inspec- perls, Nomebuilders packed a rejected at that meeting. mission's executive director,said CONTINUED FROM PAGE 18 cials have organized protests and tionsand construction for the$IG building commission meeting in Builders say theywould Indict he expects all ofSouth Florida's is promoted policy statements from billion in insured state losses March,when it appeared tougher have tougher protections added to sues to be addressed. The firs(draft of the code guts local governments such asone ap- caused by Andrew,the nation's provisions of the South Florida the slate code can county-by court 7hegovernor's office and slate the strongest hurricaneprovisions proved by Fort lauderdale last mosteostly natural disaster. Building Code M eregoingto be in ty basisafter the slate code is ap legislators are committed to not offered in the South Florida Build weekthat demanded toughereon- Asecond draft of the code is ex- served in the font draft of thestale proved Local officials say (hat water down local construction inig Code,the longtimeconslruc- stmetion standards be kept. peeled in Augus,wilh 11 final dealt M ide codeasanoption would be risky, opening South rules,hesaid. lion rules in Browarciand Miami- "These were the lessons we in November Thal would be In Florida Home Builders ASSocia- Florida standards to additional 'it is no longer if[South Flori. Dade.Protections suchas mandm learned front lturricane Andrew" seated for legislative approval car- (ion literature staled they`face the challenges da's concerns will be addressed], gory shutters,stronger roofs and in 1992,said John Smith,a Fort ly next year.Tlie new statewide very serious threat of havingesces Broward and Miami-Dade guv but how,"Dixonsaid. tougherwalls have becncast aside. lauderdalebuildingofficial. code would begin in2001. sine"South Florida rulesspread to ernonent inspecrol:s also say the _ it also cuts back standards in The building commission is fol. Nomebuilders haveenlbraced a the rest of the slate and increase poposedslade rules allow shoddi Palm Beach County.Officialsthere lowinga 1998 mandate by the Flat staewide code to simplify can housingcosts,at least outside Palin cr materialslo be used and don't Alan Chenycan bereadledot want those standards restored,but ida Legislature tocreatea state. s(ruction and potentially reduce 11cach,Browardand Miami Dade address proper Tasting of construe acherryosumsentind.corn or have been less agitated(Iran Bray- wide code to improve construct ion. 111e cost of a typical home by 7 per- counties lion materials. 954-572-2016.