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HomeMy WebLinkAboutO-2023-017 Amending Ch. 8, Sec. 8-25 Building Safety Inspection Program (40 yrs cert)ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 8 ENTITLED `BUILDINGS", ARTICLE II, ENTITLED "PROPERTY STANDARDS'; AT SECTION 8-25, ENTITLED "BUILDING SAFETY INSPECTION PROGRAM - 40-YEAR CERTIFICATION PURSUANT TO SECTION 110.15 BROWARD COUNTY ADMINISTRATIVE PROVISIONS, CHAPTER 1, FLORIDA BUILDING CODE AND POLICY #5-05 OF THE BROWARD COUNTY BOARD OF RULES AND APPEALS (BORA) AND RE -CERTIFICATION EVERY 10 YEARS THEREAFTER" TO REFLECT BROWARD COUNTY REQUIREMENTS ELIMINATING REFERENCE TO A 40 YEAR RECERTIFICATION AND IMPLEMENTING A "BUILDING SAFETY INSPECTION PROGRAM'; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Broward County Ad Hoc Building Safety Inspection Program Committee recommended that the Broward County Commission amend the Board of Rules and Appeals (`BORA") approve by vote revisions to Policy #05-05 and Section 110.15 "Building Safety Inspection Program" of the FBC 7th Edition (2020) Broward County Administrative Provisions, which incorporated Florida Statute 553.899 into the existing Building Safety Inspection Program; and WHEREAS, the modifications to Policy #05-05 were a result of Senate Bill 40, which required a structural building safety inspection program to be implemented throughout the State; and . WHEREAS, the BORA edits based upon state law are required to be incorporated by all local municipalities; and WHEREAS, pursuant to the requirements of Senate Bill 40, BORA has established a Building Safety Inspection Program at Section 110.15, of the BORA Rules for buildings and structures that are 25 years of age or older, and greater than 3,500 square feet, and not a single family or duplex structure; and WHEREAS, the City is incorporating by reference the BORA requirements into the City's Code, requiring building safety inspection for buildings over 25 years of age, that is greater than 3,500 square feet, and not a single family or duplex structure. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above "WHEREAS" clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Ordinance by this reference. ORDINANCE NO.2023- ` Section 2. That Chapter 8 entitled `Buildings", Article II, entitled "Property Standards'; at Section 8-25, entitled "Building safety inspection program — 40-year certification pursuant to section 110.15 Broward County administrative provisions, Chapter 1, Florida Building Code And Policy #5-05 of the Broward County Board of Rules And Appeals (BORA) and re- certification every 10 years thereafter" is amended as follows: Sec. 8-25. Building safety inspection program A0 Year Ce -'=fleation pursuant to Section 110.15 Broward County Administrative Provisions, Chapter 1, Florida Building Code and Policy #5-05 of the Broward County Board of Rules and Appeals (BORA) and Re- certification every 10 years thereafter. (a) No person shall own, maintain or operate any residential, commercial, industrial or institutional building or structure that fails to timely comply with the provisions of the Broward County Administrative Provision, Chapter 1, Florida Building Code, section 110.15 entitled `Building Safety Inspection" 40 Year Certification Pfegi-7am and Policy #5-05 of the Broward County Board of Rules and Appeals (BORA), referred to in this section as the "program." Failure to timely comply with the provisions of the program shall be subject to a fine not to exceed five hundred dollars ($500.00), daily, for a first offense and a second offense. A third offense for failure to obtain the building safety inspection program 48 year reeei4ifieafie or Broward County Inspection Report shall be considered irreparable harm and cause for the city to seek issuance of a fine of five thousand dollars ($5,000.00), per day. Additionally, the city may require that the building or structure be presented for review by the Broward County Unsafe Structures Board to determine and declare the building or structure unsafe and unfit for occupancy. (b) The requirements contained in subsection (a), above, shall also be required for compliance every ten (10) years thereafter. Failure to obtain the recertification every ten (10) years after the building safety inspection program is initiated 40 year ....,.eitifieatio shall subject the owner of the property to a fine not to exceed five hundred dollars ($500.00), daily, for a first and second offense. A third offense for failure to comily with obtain the buildingsafety inspection program requirement 40 yea ree A4fieff6on or failure to obtain the Broward County Inspection Report shall be considered irreparable harm and cause for the city to seek issuance of a fine of five thousand dollars ($5,000.00), per day. Additionally, the city may require that the building or structure be presented to the Broward County Unsafe Structures Board to determine and declare the building or structure unsafe and unfit for occupancy. © In the interim, should the building official find that the building or structure is unsafe and unfit for occupancy, the building official may declare the building unsafe, require the building to be vacated and institute proceedings for the building or structure to be presented to the Broward County Unsafe Structures Board for further action, which may include but not be limited to demolition. ORDINANCE NO. 2023- Section 3. 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 4. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. Section 5. That this Ordinance shall be effective 10 days after passage on second reading. PASSED on first reading on _-�J Gib 22. 2023. PASSED AND ADOPTED on second reading on '�t }fCyy)y�{ 1 �2023. First Reading - Motion by: V 1 Cyy, 2°i I,r % r Second by: 0a vL', Second Reaq, kin Motion by: `�l Y LX"N( itifA Second by: Cuvflcm >S ng )(my FINAL VOTE ON ADOPTION: Commissioner Joyce Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen °f a Mayor Archibald J. Ryan IV 4,.. ATTEST ELORA RA, MC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: ATTORNEY o� ORDINANCE NO. 20231