HomeMy WebLinkAbout2012-005ORDINANCE NO. 2012- 005
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
UPDATED 2010 FLORIDA BUILDING 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 adopted and updated with new editions
every three years pursuant to Florida Statutes. In last year's session, the legislature
approved the 2010 Florida Building Code; and
WHEREAS, the 2007 Florida Building Code was adopted by reference by the
Board in 2009 and is currently applied, administered, and enforced uniformly and
consistently in Indian River County; 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, changes to the previous code include adoption of a separate access
code, providing for increased wind speed protections in coastal high hazard areas and
changes concerning replacement of heating and air conditioning equipment;
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
Section 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:
Coding: Words underscored are additions to text; words in stFikethre unh format are
deletions to text.
ORDINANCE NO. 2012- 005
the latest edition of the Florida Building. Code, 2004 Win, less and except Chapter 1,
Administration; and the latest edition of Chapter 1, Model Administrative Code 2004,
Building Officials Association of Florida.
Section 401.02. - 401.06. No change.
Section 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 1
"Indian River County Wind Speed Map." This wind borne debris region coincides with
Figure 1609 of the Florida Building Code, 2010,-2904 and has a basic wind speed of
one hundred forty (140) twenty (120) miles per hour or greater. Wind borne debris
requirements of the Florida Building Code applies in the entire County apply the
Wind Speed Map (attached)
SECTION 2. 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 Code of Indian River County 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 2, 3 and 4 shall not be
codified.
SECTION 3. 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 4. EFFECTIVE DATE.
This ordinance shall take effect on March 15, 2012 or upon filing with the Florida
Secretary of State, whichever occurs later.
Coding: Words underscored are additions to text; words in stFikethFou format are
deletions to text.
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ORDINANCE NO. 2012- 005
This ordinance was advertised in the Press Journal on the 21St day of February 2012,
for a public hearing on the 6th and 13th day of March 2012, at which time it was moved
for adoption by Commissioner Davis , and seconded by Commissioner
O'Bryan and adopted by the following vote:
Chairman Gary C. Wheeler Ave
Vice Chairman Peter D. O'Bryan Ave
Commissioner Wesley S. Davis Ave
Commissioner Joseph E. Flescher Ave
Commissioner Bob Solari Nay
The Chairman thereupon declared the ordinance duly passed and adopted this 13th day
of March, 2012.
Attest: J. K. Berton, Cle
ty Cl
Approved as to form and legal
sufficiency
ti
Alan S. Polack ich, Sr., County Attorney
INDIAN RIVER COUNTY, FLORIDA,
by its Board of County Commissioners
Gary C. Wl eeler, Chairman
ACKNOWLEDGMENT by the Department of State of the State of Florida, this
of , 2012.
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