Loading...
HomeMy WebLinkAbout2005-048ORDINANCE NO. 2005-048 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING INDIAN RIVER COUNTY CODE CHAPTER 401, BUILDING CODES, TO ADOPT THE FLORIDA BUILDING CODE; AND ADDING CHAPTER 403 THE PROPERTY MAINTENANCE CODE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida legislature enacted the "Florida Building Codes Act" in 2001 to provide for uniform adoption, updating, amendment, interpretation, and enforcement of a single, unified statewide building code; and WHEREAS, the Florida Building Code is currently applied, administered, and enforced uniformly and consistently in Indian River County; and WHEREAS, the Florida Building Code is adopted and updated with new editions every three years pursuant to Florida Statutes. Changes to the previous code include addition of Residential and Existing Building Codes; and WHEREAS, Chapter 401 of the Code of Indian River County currently adopts the Florida Building Code and pursuant to state law, the County Code must now be amended; and WHEREAS, the Florida Building Commission recommends adoption of the International Property Management Code which regulates the maintenance, repair or demolition of structures; and WHEREAS, the County currently has code enforcement regulations that govern the exterior of structures but has no ordinances concerning maintenance of structures that are enforced by the County Building Inspectors; and WHEREAS, the health safety and welfare of the citizens of Indian River County will be benefited by enacting an ordinance that requires building owners to maintain their structures in a safe and sanitary manner. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that SECTION 1. AMENDMENT. Chapter 401. Building Codes, of the Code of Indian River County is hereby amended to read as follows: PART I. STANDARD CODES GENERALLY Coding: Words underscored are additions to text; words in strikethrough format are deletions to text. 1 ORDINANCE NO. 2005-048 S ection 401.01. Standard technical codes. Indian River County hereby adopts and incorporates the following standard technical codes as part of the Code of Indian River County, except to the extent that specific additions, deletions, or amendments are set forth in this title, provided, however, should the State of Florida enact standards which adopt later editions, the editions set forth in the Florida Statutes shall apply: Florida Building Code, 2004 Edition, less and except Chapter 1, Administration; and as modified in Chapter 1, Model Administrative Code 2004, by Building Officials Association of Florida Final Draft dated 10/10/01 Standard Housing Code (SHC), 1991 Edition. (Ord. No. 91-12, § 1, 3-26-91; Ord. No. 92-6, § 1, 3-10-92; Ord. No. 95-31, § 1, 11-21- 95; Ord. No. 97-27, § 11 12-2-97; Ord. No. 99-29, § 1, 10-19-99; Ord. No. 2002-007, § 1, 3-5-02) S ection 401.02. - 401.06. No change. S ection 401.07. The Indian River County Wind Borne Debris Region and Basic Wind Speed Map. Indian River County hereby adopts and establishes the geographic boundary of the wind borne debris regions in Indian River County as set out in the attached Exhibit A "Indian River County Wind Speed Map." This wind borne debris region coincides with Figure 1609 4606 of the Florida Building Code, 2004 and has a basic wind speed of one hundred twenty (120) miles per hour or greater. Wind borne debris requirements of the Florida Building Code apply in the region seaward of the one hundred twenty (120) miles per hour map contour lines. Wind Speed Map (attached) (Ord. No. 2002-008, § 1, 3-5-02) S ECTION 2. ADOPTION Chapter 403 is adopted as follows: CHAPTER 403 S ection 403.01 Title S ection 403.02 Applicability S ection 403.03 Duties and Powers of the Code Official S ection 403.04 Violations and penalties S ection 403.05 Notices and Orders Coding: Words underscored are additions to text; words in strikethrough format are deletions to text. 2 S ection 403.06 S ection 403.07 S ection 403.08 S ection 403.09 Section 403.10 S ection 403.11 S ection 403.12 Section 403.13 S ection 403.14 S ection 403.15 S ection 403.16 S ection 403.17 S ection 403.18 S ection 403.19 S ection 403.20 S ection 403.21 S ection 403.22 S ection 403.23 S ection 403.24 S ection 403.25 S ection 403.26 S ection 403.29 S ection 403.30 ORDINANCE NO. 2005-048 U nsafe Structures and Equipment E mergency Measures Demolition Definitions Maintenance Requirements Exterior Property Areas. Swimming Pools, Spas and Hot Tubs Exterior Structure Interior Structure H andrails and Guardrails Refrigerators Light, Ventilation and Occupancy Limitations Ventilation General Plumbing Facilities and Fixture Requirements Water System S anitary Drainage System S torm Drainage. H eating Facilities. Mechanical Equipment. E lectrical Facilities. E lectrical Equipment E levators, Escalators And Dumbwaiters. D uct Systems. S ection 403.01 Title (1) Title. These regulations shall be known as the Property Maintenance Code of Indian River County, hereinafter referred to as "this code." (2) Scope. The provisions of this code shall apply to all existing residential and n onresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. (3) Intent. This code shall be construed to secure its expressed intent, which is to e nsure public health, safety and welfare insofar as they are affected by the continued o ccupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with the Florida Existing Building Code. Coding: Words underscored are additions to text; words in strikcthrough format are deletions to text. 3 ORDINANCE NO. 2005-048 (4) Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. Section 403.02 Applicability (1) General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 403.01. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern. (2) Maintenance. Equipment, systems, devices and safeguards required by this code o ra previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or o ccupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises. (3) Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Florida Building Code. Nothing in this code shall be construed to cancel, modify o r set aside any provisions of the existing code of ordinances for Indian River County. (4) Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and insanitary. (5) Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions. (6) Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. (7) Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in the Florida Building Codes and considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Coding: Words underscored are additions to text words in .strikethrough format are deletions to text. 4 ORDINANCE NO. 2005-048 (8) Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. Section 403.03 Duties and Powers of the Code Official (1) General. The code official shall enforce the provisions of this code. (2) Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. (3) Right of entry. The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law. (4) Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. (5) Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. (6) Department records. The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence, unless otherwise provided for by other regulations. (7) Coordination of inspections. Whenever in the enforcement of this code or another code or ordinance, the responsibility of more than one code official of the jurisdiction is involved, it shall be the duty of the code officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector's authority to enforce, the inspector shall report the findings to the code official having jurisdiction. Section 403.04 Violations and penalties (1) Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. Coding: Words underscored are additions to text words in strikcthrough format are deletions to text. 5 ORDINANCE NO. 2005-048 (2) Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 403.05. (3) Prosecution of violation. Any person failing to comply with a notice of violation or o rder served in accordance with Section 403.05 shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of ✓ iolation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal o r termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate u pon which the structure is located and shall be a lien upon such real estate. (4) Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due n otice has been served shall be deemed a separate offense. (5) Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. Section 403.05 Notices and Orders (1) Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has o ccurred, notice shall be given in the manner prescribed in Sections 403.05(2) and 403.05(3) to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 403.08 (2) Form. Such notice prescribed in Section 403.5 shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code. 5. Inform the property owner of the right to appeal. 6. Include a statement of the right to file a lien in accordance with Section 403.04(4). (3) Method of service. Such notice shall be deemed to be properly served if a copy thereof is: Coding: Words underscored are additions to text; words in strikethrough format are deletions to text. 6 ORDINANCE NO. 2005-048 1. Delivered personally; 2. Sent by certified or first-class mail addressed to the last known address; or 3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. (4) Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 403.05. (5) Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit o r structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. Section 403.06 Unsafe Structures and Equipment (1) General. When a structure or equipment is found by the code official to be unsafe, o r when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. (2) Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. (3) Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, e levator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public o r occupants of the premises or structure. (4) Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is in sanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. Coding: Words underscored are additions to text; words in strike#wou^" format are deletions to text. 7 ORDINANCE NO. 2005-048 (5) Unlawful structure. An unlawful structure is one found in whole or in part to be o ccupied by more persons than permitted under this code, or was erected, altered or o ccupied contrary to law. (6) Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract o r arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. (7) Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 403.05(3). If the n otice pertains to equipment, it shall also be placed on the condemned equipment. The n otice shall be in the form prescribed in Section 403.05(2). (8) Placarding. Upon failure of the owner or person responsible to comply with the n otice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. (9) Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. (10) Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall o ccupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. Section 403.07 Emergency Measures 1. Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or Coding: Words underscored are additions to text words in strikethrough format are deletions to text. 8 ORDINANCE NO. 2005-048 the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be u nlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. 2. Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of o penings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. 3. Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. 4. Hearing. Any person ordered to take emergency measures shall comply with such o rder forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. Section 403.08 Demolition 1. General. The code official shall order the owner of any premises upon which is located any structure, which in the code official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure. 2. Notices and orders. All notices and orders shall comply with Section 403.08. 3. Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 4. Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement Coding: Words underscored are additions to text words in strikethrough format are deletions to text. 9 ORDINANCE NO. 2005-048 aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. Section 403.09 Definitions. (1) Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter. (2) Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. (3) Terms defined in other codes. Where terms are not defined in this code and are defined in the Florida Building Code or Code of Ordinances Of Indian River County, such terms shall have the meanings ascribed to them as in those codes. (4) Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. (5) Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit" "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof." Approved means approved by the code official. Basement means that portion of a building which is partly or completely below grade. Bathroom means a room containing plumbing fixtures including a bathtub or shower. Bedroom means any room or space used or intended to be used for sleeping purposes. Code Official means the official who is charged with the administration and enforcement of this code, or any duly authorized representative. Condemn means to adjudge unfit for occupancy. Dwelling Unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Coding: Words underscored are additions to text; words in stFike* rough format are deletions to text. 10 ORDINANCE NO. 2005-048 Easement means that portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots. Exterior Property means the open space on the premises and on adjoining property u nder the control of owners or operators of such premises. Extermination means the control and elimination of insects, rats or other pests by e liminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. Garbage means the animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. Guard means a building component or a system of building components located at or n ear the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. Habitable Space means a Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are n ot considered habitable spaces. Housekeeping Unit means a room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does n ot contain, within such a unit, a toilet, lavatory and bathtub or shower. Imminent Danger means a condition which could cause serious or life-threatening injury or death at any time. Infestation means the presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. Inoperable Motor Vehicle means a vehicle which cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. Labeled means devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above -labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards. Let For Occupancy Or Let means to permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, Coding: Words underscored are additions to text; words in strikethreugh format are deletions to text. 11 ORDINANCE NO. 2005-048 agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. Occupancy means the purpose for which a building or portion thereof is utilized or o ccupied. Occupant means any individual living or sleeping in a building, or having possession of a space within a building. Openable Area means that part of a window, skylight or door which is available for u nobstructed ventilation and which opens directly to the outdoors. Operator means any person who has charge, care or control of a structure or premises which is let or offered for occupancy. Owner means any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county o r municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. Person means an individual, corporation, partnership or any other group acting as a u nit. Premises means a lot, plot or parcel of land, easement or public way, including any structures thereon. Public Way means any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. Rooming House means a building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling. Rooming Unit means any room or group of rooms forming a single habitable unit o ccupied or intended to be occupied for sleeping or living, but not for cooking purposes. Rubbish means combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. Strict Liability Offense means an offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do. Coding: Words underscored are additions to text; words in strikethrough format are deletions to text. 12 ORDINANCE NO. 2005-048 Structure means that which is built or constructed or a portion thereof. Tenant means a person, corporation, partnership or group, whether or not the legal own& of record, occupying a building or portion thereof as a unit. Toilet Room means a room containing a water closet or urinal but not a bathtub or shower. Ventilation means the natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. Workmanlike means executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work. Yard means an open space on the same lot with a structure. Section 403.10 Maintenance Requirements. (1) Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. (2) Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner -occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. (3) Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. Section 403.11 Exterior Property Areas. (1) Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. (2) Accessory structures. All accessory structures, including detached garages and walls, shall be maintained structurally sound and in good repair. Coding: Words underscored are additions to text; words in strikethrough format are deletions to text. 13 ORDINANCE NO. 2005-048 Section 403.12 Swimming Pools, Spas and Hot Tubs. (1) Swimming pools. Swimming pools, spas and hot tubs shall be maintained in a clean and sanitary condition, and in good repair. Section 403.13 Exterior Structure. (1) General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. (2) Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. (3) Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. (4) Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. (5) Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. (6) Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. (7) Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. (8) Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. (9) Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather -coating materials, such as paint or similar surface treatment. Coding: Words underscored are additions to text; words in strikethrough format are deletions to text. 14 ORDINANCE NO. 2005-048 (10) Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. (11) Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. (12) Glazing. All glazing materials shall be maintained free from cracks and holes. (13) Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. (14) Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. (15) Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. Section 403.14 Interior Structure. (1) General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition; the shared or public areas of the structure and exterior property. (2) Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. (3) Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, .chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. (4) Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Coding: Words underscored are additions to text; words in ctrikethrough format are deletions to text. 15 ORDINANCE NO. 2005-048 (5) Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. (6) Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. S ection 403.15 Handrails And Guardrails. (1) General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1067 mm) high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code. S ection 403.16 Refrigerators. (1) Refrigerators. Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors. Section 403.17 Light Ventilation and Occupancy Limitations. (1) Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. (2) Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner -occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter. (3) Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Florida Building Code shall be permitted. S ection 403.18 Ventilation. (1) Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in the Florida Building Code. Coding: Words underscored are additions to text, words in strikethrough format are deletions to text. 16 ORDINANCE NO. 2005-048 Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated. (2) Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section403.18(1), except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. (3) Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormitory unit. Exception: Where specifically approved in writing by the code official. (4) Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove. the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. (5) Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions: Section 403.19 Plumbing; Facilities and Fixture Requirements (1) Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. (2) Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this chapter. (3) Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. (4) Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. Coding: Words underscored are additions to text words in strikethrough format are deletions to text. 17 ORDINANCE NO. 2005-048 (5) Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants. (6) Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees. (7) Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. (8) Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. (9) Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. (10) Location of employee toilet facilities. Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located not more than one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities. (11) Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. (12) Plumbing systems and fixtures. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. (13) Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. (14) Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, back siphonage, improper installation, Coding: Words underscored are additions to text; words in s+nkat ir-ou " format are deletions to text. 18 ORDINANCE NO. 2005-048 deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. Section 403.20 Water System. (1) General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with. the International Plumbing Code. (2) Contamination. The water supply shall be maintained free from contamination, and all .water inlets for plumbing fixtures shall be located above the flood -level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric -type vacuum breaker or an approved permanently attached hose connection vacuum breaker. (3) Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. (4) Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110°F (43°C). A gas -burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure -relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. Section 403.21 Sanitary Drainage System. (1) General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system. (2) Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. Section 403.22 Storm Drainage. (1) General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. Coding: Words underscored are additions to text; words in ctrikethrough format are deletions to text. 19 ORDINANCE NO. 2005-048 S ection 403.23 Mechanical and Electrical Requirements. (1) Scope. The provisions of this chapter shall govern the minimum mechanical and e lectrical facilities and equipment to be provided. (2) Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter. S ection 403.24 Heating Facilities. (1) Facilities required. Heating facilities shall be provided in structures as required by this section. (2) Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in the Florida Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. (3) Heat supply. Every owner and operator of any building who rents, leases or lets o ne or more dwelling .unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from November 1 to March 1 to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms, and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in the Florida Plumbing Code. 2. In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained. (4)_ Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from November 1to March 1 to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied. Coding: Words underscored are additions to text words in strikethrough format are deletions to text. 20 ORDINANCE NO. 2005-048 Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vigorous physical activities. (5) Room temperature measurement. The required room temperatures shall be measured 3 feet (914mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. Section 403.25 Mechanical Equipment. (1) Mechanical appliances. All mechanical appliances, fireplaces, solid fuel - burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. (2) Removal of combustion products. All fuel -burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel -burning equipment and appliances which are labeled for unvented operation. (3) Clearances. All required clearances to combustible materials shall be maintained. (4) Safety controls. All safety controls for fuel -burning equipment shall be maintained in effective operation. (5) Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel -burning equipment shall be provided for the fuel -burning equipment. (6) Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel -burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping there from, shall not be installed unless labeled for such purpose and the installation is specifically approved. Section 403.26 Electrical Facilities. (1) Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 403.26(2). (2) Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the NEC 2002. Dwelling units shall be served by a three -wire, 120/240 volt, single phase electrical service having a rating of not less than 60 amperes. Coding: Words underscored are additions to text; words in strikethrough format are deletions to text. 21 ORDINANCE NO. 2005-048 (3) Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. S ection 403.28 Electrical Equipment (1) Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. (2) Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded - type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. (3) Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric lighting fixture. S ection 403.29 Elevators, Escalators And Dumbwaiters. (1) General. Elevators, dt mbwaiters and escalators shall be maintained to sustain safely all imposed loads, operate properly, and to be free from physical and fire hazards. The most currentertificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter; or the certificate shall be available for public inspection in the office of the building operator. (2) Elevators. In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. S ection 403.30 Duct Systems. (1) General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function. SECTION 3. CODIFICATION. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Indian River County Code and the word "ordinance" may be changed to "section," "article," or other appropriate word or phrase and the sections of this Ordinance may be renumbered or relettered to accomplish such intention; providing, however, that Sections 3, 4 and 5 shall not be codified. Coding: Words underscored are additions to text words in strikethrough format are deletions to text. 22 ORDINANCE NO. 2005- 048 SECTION 4. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 5. EFFECTIVE DATE This ordinance shall take effect upon filing with the Florida Secretary of State. This ordinance was advertised in the Press Journal on the 8th day of October 2005, for a public hearing on the .18th day of October and continued to November 15, 2005, at which time it was moved for adoption by Commissioner Davis , and seconded by Commissioner Wheel er , and adopted by the following vote: Chairman Thomas S. Lowther Vice Chairman Arthur R. Neuberger Commissioner Wesley S Davis Commissioner Gary C. Wheeler Commissioner Sandra L. Bowden Aye Aye Aye Aye Aye The Chairman thereupon declared the ordinance duly passed and adopted this 15thday of November , 2005. Attest: J. K Barton, Clerk Deputy Clerk • •, r • • Approved as to form and Legal Sufficiency /, William aal Assistant County Attorney INDIAN RIVER COUNTY, FLORIDA by it oard of County Commissioners By Thomas S. Lowther, Chairman BCC Approved: November 15, 2005 ACKNOWLEDGMENT by the Department of State of the State of Florida, this 20 day of i '0 .6Ml0JZ\(, 2005. Coding: Words underscored are additions to text; words in strikethrough format are deletions to text. 23 1 • auoz sugad awogpui Ob l peadspu!M 0£L paadspuinn oZ l-paadspuiM uegsegas;o 40 sauiq a6uea/•dMLuogoas saipogja;eM / sleueo W V m w COm 0 m 0)