HomeMy WebLinkAbout2023-019ORDINANCE NO. 2023- 019
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 401.07 (THE
INDIAN RIVER COUNTY WIND BORNE DEBRIS REGION AND BASIC
WIND SPEED MAP) OF PART I (STANDARD CODES GENERALLY) OF
CHAPTER 401 (BUILDING CODES) OF THE CODE OF INDIAN RIVER
COUNTY, TO REPLACE THE EXISTING WIND SPEED MAP WITH TWO
UPDATED WIND SPEED MAPS; AND PROVIDING FOR CODIFICATION;
SEVERABILITY; CONFLICT OF ORDINANCES; AND EFFECTIVE DATE
OF THE ORDINANCE.
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
revision of the Wind Borne Debris Region and Basic Wind Speed Map affecting 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
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. Enactment Authority.
Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest
broad home rule powers in counties to enact ordinances, not inconsistent with general or
special law, for the purpose of protecting the public health, safety and welfare of the
residents of the county. The Indian River County Board of County Commissioners
specifically determines that the enactment of this ordinance is necessary to protect the
health, safety and welfare of the residents of Indian River County.
Section 2. Amendment of Section 401.07 (The Indian River County Wind Borne
Debris Region and Basic Wind Speed Map) of Part 1 (Standard Codes Generally) of
Chapter 401 (Building Codes) of the Code of Indian River County, Florida.
Section 401.07 (The Indian River County Wind Borne Debris Region and Basic Wind Speed
Map) of Part 1 (Standard Codes Generally) of Chapter 401 (Building Codes) of the Code of
ORDINANCE NO. 2023- 019
Indian River County, Florida is hereby stricken in its entirety and replaced with the
following:
CHAPTER 401. — BUILDING CODES
PART 1. - STANDARD CODES GENERALLY
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 Speeds Risk Categories 1 thru 3 Map" and Exhibit 2 "Indian River
County Wind Speeds Risk Category 4 Map." This wind borne debris region coincides with
Figures 1609.3 (1), (2), (3) and (4) of the Florida Building Code, 2020 7th 2023 8th Edition,
and has a basic wind speed of one hundred forty (140) miles per hour or greater. Wind
borne debris requirements of the Florida Building Code applies in the entire county.
Section 3. Codification. It is the intention of the Board of County Commissioners that the
provision of this ordinance shall become and be made part of the Indian River County
Code, and that the sections of this ordinance may be renumbered or re -lettered and the
word ordinance may be changed to section, article or such other appropriate word or
phrase in order to accomplish such intention.
Section 4. Severability. If any part of this ordinance is held to be invalid or
unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall
not be affected by such holding and shall remain in full force and effect.
Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 6. Effective Date. This ordinance shall become effective upon adoption by the
Board of County Commissioners and filing with the Department of State.
This ordinance was advertised in the Indian River Press Journal on the 26th day of
November, 2023, for a public hearing to be held on the 12th day of December, 2023, at which
time it was moved for adoption by Commissioner Loar , seconded by
Commissioner Flescher , and adopted by the following vote:
Chairman Susan Adams
NAY
Vice -Chairman Joseph E. Flescher
AYE
Commissioner Deryl Loar
AYE
Commissioner Joseph H. Earman
ABSENT
Commissioner Laura Moss
AYE
ORDINANCE NO. 2023- 019
The Chairman thereupon declared the ordinance duly passed and adopted this 12thday
of December, 2023.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COtMTY._ELORIDA
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By:
Sus n Adams, Chairman;*::
ATTEST: Ryan L. Butler, Clerk
") and Comptroller
•°�R�VER
By: 1, .....
Deputy Clerk
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the oat
day of J,.CP,vn 6e4- , 2023.
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AND
DEPUTY COUNTY ATTORNEY
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