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HomeMy WebLinkAboutO-2008-020 Storm Shutters ORDINANCE 2008-020 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA CREATING ARTICLE XII TO BE ENTITLED "STORM SHUTTER REGULATIONS"FOR PLACEMENT IN CHAPTER 8, "BUILDINGS", OF THE CITY CODE OF ORDINANCES; PRESCRIBING REQUIREMENTS FOR STORM SHUTTER PLACEMENT AND REMOVAL TO BE APPLICABLE TO ALL STRUCTURES CERTIFIED FOR OCCUPANCY IN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA THAT: Section 1. That Article XII, to be entitled"Storm Shutter Regulations", of Chapter 8, "Buildings", of the City Code of Ordinances is created to read as follows: ARTICLE XII. Storm Shutter Regulations Sec. 8-141. Storm shutters placed on structures certified for occupancy. Storm shutters are encouraged for all structures certified for occupancy in the City. Any permanently installed storm shutters shall be installed and designed in conformance with the standards set forth in the Florida Building Code, as amended from time to time. Sec. 8-142. Storm shutter placement. (1) Consistent with the provisions regarding storm shutters as defined and set forth in the Florida Building Code, as such Code is amended from time to time, it is prohibited for anyone to maintain storm shutters in a closed and secured position on a structure for a period in excess of thirty consecutive days and they must be removed or opened after that period of time, unless: (a) at least two (2) means of ingress and egress such as doors and windows are provided and remain unobstructed and at least one such means of ingress and egress is provided for each bedroom; or (b) a hurricane watch or warning is issued and applicable to the City and occurs during the thirty day period, at which point the thirty day period will begin anew the day after a hurricane watch or warning has been lifted; or (c) hurricane conditions are expected to occur within 36 hours after the thirtieth day; or (d) the structure is used for residential purposes, but no person is in residence for a period in excess of thirty consecutive days, except that (a) and (b) above, shall still apply during periods when a person is in residence. If no person is in the residence, notice of the dates the building will be vacant shall be provided to the code enforcement division of the City on forms provided by that division. The information required on the forms shall include but not be limited to the following: name of resident(s), address of residence, type of shutters, emergency contact number(s), and dates that the residence will be vacant. (2) Except during the period from June 15` to November 300, of each calendar year, storm shutters are not permitted to be in a closed and secured position, unless there is a hurricane or tropical storm watch outside of the designated hurricane season. (3) With reference to commercial structures who use storm shutters as a method of securing the business and its contents from theft or other illicit acts, this practice shall be permitted only during non-business hours, which must be clearly posted and visible on the exterior of the structure, whether or not the shutters are in the closed or open position, and must contain a contact phone number in cases of emergency. (4) While plywood boards are a permissible type of emergency storm shutter device under the Florida Building Code, such emergency shutters shall be removed within 7 days after a hurricane watch or warning has been lifted, whether or not any person is residing in the residence. Sec. 8-143. Permissible storm shutters. Any types of storm shutters that meet the requirements for storm shutters set forth in the Florida Building Code, as amended from time to time, may be installed within the City. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. 2 ORDINANCE#2008-020 Section 4. That this Ordinance shall take effect immediately at the time of passage and adoption. PASSED on first reading on July 22, 2008. PASSED AND ADOPTED on second reading on August 12, 2008. AAA-0� �,— ALBERT C. JONE �PoaanoIS MAYOR-COMMIS NER AT EST: LOUISE STILSON, CMC CITY CLERK RATEO APPROVED AS TO RM D CORRECTNESS: BY: THOMok-4NAMRO CITY ATTORNEY 3 ORDINANCE#2008-020