HomeMy WebLinkAboutAgenda Council Agenda 120408
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
December 4, 2008
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. (Page 5) Palm Beach Gardens Historical Society.
b. (Page 6) Economic Development and Transportation.
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. (Page 13) Approve Minutes from October 2, 2008 regular City Council meeting.
b. (Staff Report on Page 20, Resolution on Page 22) Resolution 101, 2008 –
Village Square Plat III. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the Village Square Plat No. 3; providing an
effective date; and for other purposes
Mayor Jablin
Vice Mayor Levy
Council Member Russo
Council Member Barnett
Council Member Premuroso
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
Part II – Non-Quasi-judicial
a. (Staff Report on Page 28, Ordinance on Page 49) Ordinance 12, 2008 – (2nd
reading and adoption) Land Use Designation of the Loxahatchee Slough and
Sandhill Crane. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida adopting a large scale amendment to its Comprehensive
Development Plan in accordance with the mandates set forth in Chapter 163,
Florida Statutes, specifically Section 163.3184, et seq., Florida Statutes, pursuant
to City-initiated application no. CPMA-08-04-000008, which provides for an
amendment to the City's Future Land Use Map designating fourteen (14) parcels
of real property comprising approximately two thousand twenty-four (2,024+)
acres, more or less, in size as “Cons - Conservation”; such parcels of land are
located North of Beeline Highway and PGA Boulevard, informally known as the
“Loxahatchee Slough and Sandhill Crane Natural Areas”; providing for
compliance with all requirements of Chapter 163, Florida Statutes; providing for
transmittal to the State Land Planning Agency; providing a conflicts clause, a
severability clause and authority to codify; providing an effective date; and for
other purposes.
b. (Staff Report on Page 55, Ordinance on Page 59) Ordinance 29, 2008 - (2nd
reading and adoption) Establishing a Construction Board of Adjustment. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending Chapter 2, Administration, at Sections 2-145, 2-146, 2-147, and 2-148
in order to establish a Construction Board of Adjustment and Appeals (CBAA) to
designate the Planning, Zoning, and Appeals Board as the CBAA and to clarify
the process by which appeals of staff level administrative decisions may be taken;
providing that each and every other Section and Sub-section of Chapter 2,
Administration, shall remain the same as previously adopted; providing a
conflicts clause, a severability clause, and authority to codify; providing an
effective date; and for other purposes.
c. (Staff Report on Page 64, Ordinance on Page 68) Ordinance 30, 2008 - (2nd
reading and adoption) Amending Chapter 78. An Ordinance of the City Council
of the City of Palm Beach Gardens, Florida amending Chapter 78, Land
Development at Section 78-49 entitled “Amendments to Approved Development
Orders” at Subsection (d) by repealing Subparagraph (5) and readopting same as
revised in order to provide for internal consistency; further amending Chapter 78
by repealing Section 78-56 entitled “Appeals and Reconsideration” and
readopting same, as revised in order to provide procedures by which appeals from
decisions of the Growth Management Director may be taken: providing that each
and every other Section and Sub-section of Chapter 78 Land Development shall
remain the same as previously adopted; providing a conflicts clause, a severability
clause, and authority to codify; providing an effective date; and for other
purposes.
d. (Staff Report on Page 72, Ordinance on Page 76) Ordinance 31, 2008 - (2nd
reading and adoption) Florida building codes and unsafe building codes. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending Chapter 86, entitled “Buildings and Building Regulations” at Section
86-26 of the City Code of Ordinances to provide local amendments to the Florida
Building Code related to Administration and to Wind Loads; further amending
Chapter 86 by adopting new Section 86-29, entitled “Hurricane Shutters” and
adopting new Section 86-30, entitled “Maximum Occupancy”; repealing Article
III, entitled “Storage of Building Material and Equipment,” Article IV, entitled
“Structures Used As Models,” and Article V, entitled “Swimming Pools”;
providing a conflicts clause, a severability clause, and authority to codify;
providing an effective date; and for other purposes.
e. (Staff Report on Page 170, Ordinance on Page 174) Ordinance 32, 2008 – (2nd
reading and adoption) Post Disaster Debris. An Ordinance of the City Council of
the City of Palm Beach Gardens, Florida amending Chapter 54, Solid Waste, at
Article I, in general, by amending Section 54-1, Definitions, by adopting the new
definition “Post Disaster Debris”; further amending Chapter 54 at Article III,
Collection, by adopting an entirely new Section 54-63, entitled “Post-Disaster
Debris Collection”, in order to provide for implementation of the City’s
Comprehensive Emergency Management Plan (CEMP); further providing for
declaration of findings and intent; providing that every other Section and Sub-
Section of Chapter 54, Solid Waste shall remain the same as previously adopted;
providing a conflicts clause, a severability clause, and authority to codify;
providing an effective date and for other purposes.
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. (Page 178) District Park.
b. (Page 189) Proposed Ordinance to amend the composition of the City’s Boards
and Committees.
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
Palni Beach Gardens Historical Society
6231 PGA Boulevard
Suite 104 #181
Palm Beach Gardens, Florida 33418
MEMBERSHIP APPLICATION FORM
Contact Name
Company Name
Street Address
City State Zip
Email Phone
Membership Type (Circle One)
Student
Individual
Family
Institutional/Non-Profit
CorporatelBusi ness
Friends of the Society
$ 10.00
$ 35.00
$ 50.00
$100.00
$200.00
$500.00
Please make your check payable to Palm Beach Gardens
Historical Society. Dues are due October I& of each year. This
year’s membership dues will extend through October I, 2009.
Florida East Corrid
follows the federal
on and commute times
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1
10•02•08
CITY OF PALM BEACH GARDENS 1
CITY COUNCIL 2
REGULAR MEETING 3
OCTOBER 2, 2008 4
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The October 2, 2008 Regular Meeting of the City Council of the City of Palm Beach Gardens, 6
Florida, was called to order at 7:06 p.m. in the Council Chambers of the Municipal Complex, 7
located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Eric Jablin. 8
I. PLEDGE OF ALLEGIANCE 9
II. ROLL CALL 10
The City Clerk called the roll and the following elected officials were found to be in 11
attendance: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo, 12
Councilmember Jody Barnett and Councilmember Robert Premuroso. 13
III. ADDITIONS, DELETIONS, MODIFICATIONS 14
Additions: 15
Item XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: 16
1. City Attorney Applications and Legal Services Financial Analysis 17
2. Nova Southeastern University – a request for municipal sponsorship to join the Palm 18
Beach County League of Cities. 19
Motion 20
Councilmember Russo made a motion approving the additions. Vice Mayor Levy seconded. 21
The motion passed by unanimous vote, 5-0. 22
Deletions: None. 23
Modifications: None. 24
IV. ANNOUNCEMENTS AND PRESENTATIONS 25
a. Let Us Vote presentation. Richard Radcliff gave a presentation explaining the Let Us Vote 26
Charter Amendment that will appear on the November 4, 2008 ballot. 27
V. ITEMS OF RESIDENT INTEREST AND BOARD/COIMMITTEE REPORTS 28
a. Councilmember Barnett reported on the Community Aesthetics Board (CAB) meeting, 29
which has become involved in the Green Initiative. Speakers from Solid Waste Authority and 30
from Waste Management gave presentations. Highlights from the meeting include single-31
stream recycling and Land Tracker for the disposal of light bulbs. 32
b. Vice Mayor Levy reported attending the September 24, 2008 League of Cities meeting 33
where a presentation on the County-wide Water Supply Task Force was given, which will 34
study ways of capturing rain water so less is lost to discharge with the tide. The Intracoastal 35
Advisory Committee was considered and they will address fresh water pollutants coming into 36
the Intracoastal. The Solid Waste Authority presentation explained that a revenue sharing 37
program for recycled items will begin. Resolution 08-04 was passed in support of an inland 38
port and economic transition plan for the Glades area. An Associate Membership Application 39
for the Palm Beach County Literacy Coalition was passed. Dates for upcoming events were 40
announced. 41
c. Councilmember Russo announced attending the Riverside Youth Enrichment Center 42
national reading day. Ordinance 8, 2007 has not come back before Council and 43
Councilmember Russo would like to see at least the residential portion completed. 44
Councilmember Barnett asked that Council have individual meetings with staff to get a better 45
understanding of the present status. Councilmember Russo would like to find out if any local 46
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2
10•02•08
organizations are planning any programs to help citizens through the financial crisis such as 1
finding where to go and how to apply for government-sponsored assistance programs. 2
d. Councilmember Premuroso read to Miss Mandy’s class at the Riverside Youth 3
Enrichment Center and thanked the Palm Beach Gardens Youth Athletic Association 4
(PBGYAA) for their efforts in the community, especially Tory Buckley, Phil Milton and 5
Timothy Frohling who have retired. 6
Mayor Jablin announced the upcoming Youth Triathlon. 7
VI. CITY MANAGER REPORT 8
Councilmember Russo questioned a memorandum distributed by City Manager Ferris 9
regarding the Planning, Zoning and Appeals Board (PZAB) declining to hear a staff 10
presentation. Mayor Jablin agreed that staff should always be able to make a presentation. 11
Councilmember Barnett stated that City Council should observe the same rules and set the 12
example. 13
Motion 14
Councilmember Russo made a motion extending City Council policies to the PZAB. 15
Councilmember Barnett seconded. The motion passed unanimously, 5-0. 16
City Council agreed to Mayor Jablin inviting the Palm Beach Gardens Girls Slow Pitch 17
Travel Softball Team to the October 16, 2008 meeting to recognize them for their success in 18
winning the championship game. 19
VII. COMMENTS FROM THE PUBLIC 20
Phil Woodall, 13 Dorchester Circle, Palm Beach Gardens, representing the PGA Corridor 21
Associaiton, thanked the Council and City Manager for their efforts and support. 22
Timothy Stieren, 11546 Villa Vasari Drive, Palm Beach Gardens, stated his concerns for Fire 23
Rescue service reduction. 24
Andrew Lezza, 1215 12th Lane, Palm Beach Gardens, concerned for Fire Rescue service 25
reduction. 26
Anthony Giarrusso, 101 Beaumont Lane, Palm Beach Gardens, stated his concerns for Fire 27
Rescue service reduction. 28
David Zanotelli, 1014 Woodfield Circle, Palm Beach Gardens, stated his concerns for Fire 29
Rescue service reduction. 30
Greg Gast, 10046 Dahlia Avenue, Palm Beach Gardens, stated his concerns for Fire Rescue 31
service reduction. 32
Jim Twist, 111 Bent Tree Drive, Palm Beach Gardens, stated his concerns for Fire Rescue 33
service reduction. 34
Chief Bergel, Palm Beach Gardens Fire Rescue, stated the proposed change in policy will not 35
affect response time or leave stations unstaffed. The level of service will not change. City 36
Manager Ferris stated that Vice Mayor Levy had requested a six-month follow-up report. 37
Councilmember Barnett stated her concern that two manned vehicles for each fire station has 38
not been met. Chief Bergel stated the one manned vehicle policy will not start until after the 39
contract negotiations are complete. Councilmember Barnett does not advocate the new policy. 40
Greg Gerlach, 4687 Holly Drive, Palm Beach Gardens, stated his concerns for Fire Rescue 41
service reduction. 42
Carol Estrada, 309 Riverside Drive, Palm Beach Gardens, stated Gardens United was a 43
wonderful program. Ms. Estrada thanked the Councilmembers and City Manager Ferris for 44
their participation in the school reading event. 45
Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, inquired about the Going 46
Green in the Gardens program and the Kyoto Protocol. Vice Mayor Levy replied that the City 47
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3
10•02•08
Pulse is a section of the Palm Beach Post where they report on all municipalities and 1
explained the Kyoto Accord is a promise that we have made to ourselves to reduce 2
greenhouse gases. City Manager Ferris introduced Jamie Cobb, Executive Assistant to the 3
City Manager, who has been very involved in the City’s Going Green Initiative and offered to 4
have her meet with Ms. Chaplik and explain all aspects of the program. 5
VIII. CONSENT AGENDA 6
a. Resolution 77, 2008 – Christ Fellowship Replat. A Resolution of the City Council of the 7
City of Palm Beach Gardens, Florida approving the Christ Fellowship Church North Campus 8
Replat; providing an effective date; and for other purposes. 9
b. Resolution 91, 2008 – Work Authorizations with Boyle Engineering, Inc. A Resolution of 10
the City Council of the City of Palm Beach Gardens, Florida approving work authorizations 11
with Boyle Engineering Corporation to provide surveying, engineering, design, and 12
construction services for improvements to three intersection projects; providing an effective 13
date; and for other purposes. 14
Councilmember Barnett requested the withdrawal of item b., Resolution 91, 2008, from the 15
Consent Agenda and requested an explanation of the changes. 16
Motion 17
Vice Mayor Levy made a motion for approval of the Consent Agenda without item b., 18
Resolution 91, 2008. Councilmember Barnett seconded. The motion passed unanimously, 5-0. 19
Discussion ensued regarding item b. Jack Doughney, Community Services Administrator, 20
explained all three projects have been approved, mast arms are purchased and design is 21
complete. Tonight’s request is for construction management. Councilmember Barnett pursued 22
the length of time involved and Administrator Doughney explained the average time and cost 23
for a signalized intersection. John Donahue, City Engineer, explained the permitting process. 24
Councilmember Barnett expressed her dissatisfaction with the 18-month timeframe involved. 25
Discussion ensued regarding the phases of the project and the County’s requested changes. 26
John Donahue stated he hopes the project will be complete by year end 2008. Kyoto Gardens 27
Drive from Military Trail to Alt A1A will be open before season begins. Signals will be in 28
place 30 days before opening. 29
The City Clerk read Resolution 91, 2008 by title. 30
Resolution 91, 2008 – Work Authorizations with Boyle Engineering, Inc. A Resolution of the 31
City Council of the City of Palm Beach Gardens, Florida approving work authorizations with 32
Boyle Engineering Corporation to provide surveying, engineering, design, and construction 33
services for improvements to three intersection projects; providing an effective date; and for 34
other purposes. 35
Motion 36
Vice Mayor Levy made a motion for approval of the Resolution 91, 2008. Councilmember 37
Barnett seconded. The motion passed unanimously, 5-0. 38
IX. PUBLIC HEARINGS 39
Park I –Quasi –judicial 40
None. 41
Park II – Non-Quasi-judicial 42
Mayor Jablin announced the procedures that would be followed in tonight’s proceedings. The 43
City Clerk swore in all those intending to offer testimony in any of tonight’s public hearings. 44
The City Clerk read Ordinance 25, 2008 by title. 45
46
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a. Ordinance 25, 2008 – (2nd reading and adoption) Mitigation Cost Recovery. An 1
Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to 2
Mitigation Cost Recovery; creating a new Section 38-2, Code of Ordinances, to be entitled 3
“Recovery of City Response Costs’; providing a conflicts clause; providing a severability 4
clause; providing authority to codify; providing an effective date; and for other purposes. 5
Chief Bergel stated there have been no changes since first reading. 6
Mayor Jablin opened the public hearing. 7
With no one wishing to be heard, Mayor Jablin closed the public hearing and brought 8
Ordinance 25, 2008 back to the City Council. 9
Motion 10
Vice Mayor Levy made a motion for approval and adoption of Ordinance 25, 2008 on second 11
reading. Councilmember Barnett seconded. The motion passed unanimously, 5-0. 12
X. RESOLUTIONS 13
The City Clerk read Resolution 90, 2008 by title. 14
a. Resolution 90, 2008 – Re-Appointment of members to the Planning, Zoning and Appeals 15
Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida 16
appointing regular and alternate members to the Planning, Zoning and Appeals Board; 17
providing an effective date; and for other purposes. 18
Discussion ensued regarding the requirement that the PZAB have a professional engineer as a 19
member. Joanne Koerner is the only applicant that is a professional engineer. R. Max 20
Loehman, Interim City Attorney, explained the requirement has to do with the upcoming 21
building official Ordinance and a building code. A Construction Board of Adjustment and 22
Appeal is required. The most efficient answer is to make the PZAB the Construction Board of 23
Adjustment. Councilmember Barnett requested further explanation. Attorney Lohman 24
explained a State law requiring a Construction Board of Adjustment hear appeals on the 25
decisions of building officials as they relate to building codes and building permits. 26
Councilmember Russo inquired about a possible conflict of interest regarding the present 27
PZAB membership and asked staff to follow up. 28
Motion 29
Vice Mayor Levy made a motion for postpone Resolution 90, 2008. Councilmember Barnett 30
seconded. The motion passed unanimously, 5-0. 31
The City Clerk read Resolution 82, 2008 by title. 32
b. Resolution 82, 2008 – Appointment of Regular and Alternate Members to the Community 33
Aesthetics Board (CAB). A Resolution of the City Council of the City of Palm Beach 34
Gardens, Florida appointing regular and alternate members to the Community Aesthetics 35
Board; providing an effective date; and for other purposes. 36
Councilmember Barnett pointed out that both Joanne Koerner and Rosie Carr were applicants 37
for the alternate positions for the PZAB, which will be considered at the next City Council 38
meeting (October 16, 2008). It was suggested that only regular members be appointed to the 39
CAB tonight and alternate members be appointed at the following City Council meeting. 40
Motion 41
Councilmember Barnett made a motion for approval of Resolution 82, 2008 for appointment 42
of regular CAB members: Donna Wisneski, Terence Brady, Mark Lenow and Synn Silber. 43
Vice Mayor Levy seconded. The motion passed unanimously, 5-0. 44
The City Clerk read Resolution 86, 2008 by title. 45
46
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c. Resolution 86, 2008 – Reappointment of members to the Recreation Advisory Board 1
(RAB). A Resolution of the City Council of the City of Palm Beach Gardens, Florida 2
appointing regular and alternate members to the Parks and Recreation Advisory Board; 3
providing an effective date; and for other purposes. 4
Motion 5
Vice Mayor Levy made a motion for approval of Resolution 86, 2008 reappointing regular 6
members: Tory Buckley, Amie Schneider, William Sonnenreich, Ernest Volonte and alternate 7
members: William Olsen (first alternate) and Scott Smith (second alternate). Councilmember 8
Russo seconded. The motion passed unanimously, 5-0. 9
The City Clerk read Resolution 87, 2008 by title. 10
d. Resolution 87, 2008 – Reappointment of members to the General Employees Pension 11
Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida 12
reappointing three (3) members to the Board of Trustees of the City of Palm Beach Gardens 13
General Employee Pension Board; providing an effective date; and for other purposes. 14
Motion 15
Vice Mayor Levy made a motion for approval of Resolution 87, 2008 reappointing Kenneth 16
Steele as a Council appointed resident trustee, Jamie Smith as a Council appointed resident 17
trustee and Allan Owens as the fifth trustee. Councilmember Barnett seconded. The motion 18
passed unanimously, 5-0. 19
The City Clerk read Resolution 89, 2008 by title. 20
e. Resolution 89, 2008 – Reappointment of members to the Art in Public Places Advisory 21
Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida 22
appointing regular and alternate members to the Art in Public Places Advisory Board; 23
providing an effective date; and for other purposes. 24
Mayor Jablin is the Council Liaison to the Art in Public Places Advisory Board and, therefore, 25
passed the gavel to Vice Mayor Levy. 26
Motion 27
Mayor Jablin made a motion for approval of Resolution 89, 2008 reappointing: Lee Bickford, 28
Diane Cappella, Jennifer O’Brien and David Porter as regular members and Susan Tornabene 29
(first alternate) and Diane Sacchetti (second alternate). Councilmember Russo seconded. The 30
motion passed unanimously, 5-0. 31
XI. ORDINANCES 32
None. 33
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 34
Mayor Jablin opened discussion of the applications for City Attorney and legal services and 35
financial analysis. A memorandum from City Manager Ferris was referenced. Councilmember 36
Barnett questioned the absence of contract attorney Robert Norton of Allen, Norton and Blue 37
from the list. City Manager Ferris stated that not all attorneys working for the City are on the 38
list. Discussion ensued regarding the responsibilities of an in-house attorney and those of a 39
labor attorney. Councilmember Russo stated his preference for outside counsel. Mayor Jablin 40
agreed with Councilmember Russo’s opinion and stated he prefers the present arrangement. 41
Councilmember Premuroso agreed with the having outside counsel and stated his approval of 42
the present arrangement. City Manager Ferris explained the Request for Proposal (RFP) 43
process and reviewed costs for several neighboring municipalities. Vice Mayor Levy stated 44
his preference for in-house counsel, but was agreeable to trying an outside firm. 45
Councilmember Barnett stated her objection to the present attorney, but is agreeable to using 46
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6
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an RFP to choose an outside legal firm. Councilmember Barnett stated that other applicants 1
had more experience than Interim Attorney Lohman. 2
Motion 3
Councilmember Russo made a motion to seek an outside attorney through the RFP process. 4
Vice Mayor Levy seconded. The motion passed unanimously, 5-0. 5
Mayor Jablin announced the request of Armand Gregorian, Nova Southwest University Palm 6
Beach Gardens Campus, for municipal sponsorship for associate membership to the Palm 7
Beach County League of Cities. 8
Motion 9
Councilmember Russo made a motion to approve the request. Vice Mayor Levy seconded. 10
The motion passed unanimously, 5-0. 11
XIII. CITY ATTORNEY REPORT 12
None. 13
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(The remainder of this page intentionally left blank.) 19
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CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 7
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XIV. ADJOURNAMENT 1
There being no further business to come before the Council, Vice Mayor Levy made a motion 2
to adjourn. Councilmember Barnett seconded. The motion carried unanimously, 5-0. The 3
meeting was adjourned at 8:44 p.m. The next regularly scheduled City Council meeting will 4
be held October 16, 2008. 5
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APPROVED: 7
8
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Eric Jablin, Mayor 12
13
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David Levy, Vice Mayor 17
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Joseph R. Russo, Councilmember 22
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Jody Barnett, Councilmember 27
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Robert G. Premuroso, Councilmember 32
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ATTEST: 37
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41 Patricia Snider, CMC 42
City Clerk 43
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Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim 46
transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 47
All referenced attachments are on file in the Office of the City Clerk. 48
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 13,2008
Meeting Date: December 4, 2008
Resolution 101, 2008
SubjecVAgenda Item: Village Square Plat No. 3
[XI Recommendation to APPROVE
I ] Recommendation to DENY
Reviewed by:
Growth Mwagement
Finance Administrator
- NIA
Submitted by:
-eo Giangrande, P.E.
3ty Engineer l
Ypproved by: I
Originating Dept.:
Engineering
AT Leo Gian ande, P.E.
Acting Crty Engineer
Advertised:
Date:
Paper:
[ X ] Not Required
Affected parties
[X ] Notified
Costs:$ NIA
(Total)
$ NIA
Current FY
Funding Source:
[ ]Operating
[X ] Other
Budget Acct.#:
Council Action:
[ ]Approved
[ Ppproved w/
conditions
[ ]Denied
[ ] Continued to:
Attachments:
Resolution 68,2008
: ]None
Page 2 of 2
Date Prepared: November 13,2008
Meeting Date: December 4,2008
Resolution 101,2008
STAFF RECOMMENDATION
Village Square Plat No. 3 includes the platting of a 2.57-acre commercial parcel located west of
Prosperity Farms Road and south of RCA Boulevard.
StafT recommends approval of Resolution 10 1,2008.
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RESOLUTION 101,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE VILLAGE
SQUARE PLAT NO. 3; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the City Engineer has reviewed the Village Square Plat No. 3; and
WHEREAS, the City Engineer has determined that the proposed plat meets all
the technical requirements of the City’s Land Development Regulations and Chapter
177, Florida Statutes, and recommends approval of the plat; and
WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs;
and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Mayor and City Clerk are hereby directed and authorized to
execute the Mylar of the Village Square Plat No. 3 consisting of two (2) sheets,
prepared by Mixon Land Surveying, Inc., attached hereto as Exhibit “A.”
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: November 13, 2008
Resolution 101, 2008
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PASSED AND ADOPTED this day of , 2008.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
VOTE: -- AYE NAY ABSENT
--- MAYOR JABLIN
VICE MAYOR LEVY ---
COUNCILMEMBER RUSSO
COUNCILMEMBER BARNETT ---
COUNCILMEMBER PREMUROSO
M-
G:\attorney-share\RESOLUTlONS\2008\Resolution 101, 2008 - PLAT - village square plat no 3.docx
2
Date Prepared: November 13, 2008
Resolution 101, 2008
EXHIBIT “A”
---__ -----
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: December 4,2008
Date Prepared: November 18,2008
Ordinance 12,2008
Sub j ect/Agenda Item:
ORDINANCE 12, 2008. (CPMA-08-04-000008) LARGE-SCALE LAND-USE
AMENDMENT FOR THE LOXAHATCHEE SLOUGH NATURAL AREA
Public Hearing and Second Reading: A joint City-County Comprehensive Plan Map
Amendment request to modify the Future Land Use Category on several parcels within the area
known as the Loxahatchee Slough and Sandhill Crane Natural Areas fiom Commercial
Recreation (CR), Industrial (I), and Residential Very Low (RVL) to Conservation (CONS). The
properties are owned by Palm Beach County and have a total acreage of 2,024 acres.
[XI Recommendation to APPROVE
] Recommendation to DENY
Reviewed by:
P
Development Compliance
Bahareh K. Wolfs, AICP
NIA
Growth
Administrator
Kara L. Irwin, AICP
Originating Dept.:
Growth Management:
Project Manager
Stephen Mayer
5-
Advertised:
Date: November 19,
2008
I
Paper: Palm Beach Post
[ ] Not RFquired
Affected parties:
[ XI Notified
[ ] Not Required
/---
FINANCE: NA
Costs: $ NA
Total
$ NA
Current FY
Funding Source:
[ ] Operating
[XIOther NA
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ ] App. wl conditions
[ ]Denied
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
0 Location Map
0 DCA “no objection”
letter
0 Ordinance 12,2008
Meeting Date: December 4,2008
Date Prepared: November 6,2008
Ordinance 12,2008
Page 2 of 7
EXECUTIVE SUMMARY
The proposed large-scale Comprehensive Plan Map amendment is a cooperative effort between
Palm Beach County and the City of Palm Beach Gardens in order to provide the appropriate
Future Land Use Category of Conservation (CONS) to properties owned and maintained by the
County. Although the properties have existing conservation easements, the City is proposing the
proposed large-scale Comprehensive Plan Map amendment to rectify inconsistencies with
City’s adopted Future Land Use Map (FLUM) and the existing land uses. The City Council
voted 5-0 to transmit the map amendment on August 21,2008. The Department of Community
Affairs (DCA) completed its review of the petition and stated no objections to the proposed map
amendment in an October 31, 2008 letter to the City. Staff recommends the City Council adopt
the proposed map amendment.
BACKGROUND
The subject properties are located in various areas throughout western Palm Beach Gardens, in
the general vicinity of the existing Loxahatchee Natural Slough more specifically illustrated on
the attached location map. The properties are owned by Palm Beach County (“County”), and
were acquired to preserve and maintain the natural habitat in the Loxahatchee Slough and
Sandhill Crane Natural Areas. Although the subject areas have existing conservation easements
in place to protect their natural environment, the Future Land Use (FLU) category of
Commercial Recreation, Industrial, and Residential Very Low are not appropriate since the
nature and character of these properties now functions exclusively for Conservation purposes.
The proposed large-scale Comprehensive Plan Map Amendment will provide the appropriate
FLU category of Conservation (CONS) to the subject properties. It will provide an additional
layer of protection for the properties to remain protected in perpetuity.
The Loxahatchee Slough Natural Area is the largest and most diverse of the sites acquired as
natural areas by Palm Beach County. It extends for up to seven miles north and south of the
intersection of the Bee Line Highway and PGA Boulevard. The Loxahatchee Slough is a wide,
shallow channel of water that flows approximately 250 days per year. It provides a deep
drainage-way through historical strand swamp and peat soil swale systems. The Slough is a
regionally significant wetland and the historic headwaters of the Loxahatchee National Wild and
Scenic River. It is a mosaic of high-quality freshwater wetlands such as cypress swamps,
marshes, and wet prairies, interspersed with pine flatwoods and hammocks.
The County purchased 10,389 acres of the Slough fiom the John D. and Catherine T. MacArthur
Foundation in October 1996. The Loxahatchee Slough is managed as part of a countywide
system of natural areas, protected to maintain the diversity of biological communities and species
in Palm Beach County. This area is open to the public for environmental education, scientific
research, and passive recreation activities, such as nature walks, bird watching, and photography,
which are all permitted uses with the proposed Conservation (CONS) FLU category. The County
recently completed the Loxahatchee Slough Restoration Project which involved the removal of
exotic vegetation, ditch filling and the restoration of hydraulic conditions.
The Sandhill Crane property was purchased by the South Florida Water Management District
(“District”) in 1999 from the MacArthur Foundation with the intention of giving the land
Meeting Date: December 4,2008
Date Prepared: November 6,2008
Ordinance 12,2008
Page 3 of 7
management to the County so that it could be managed as part of the Loxahatchee Slough
Natural Area. The Sandhill Crane property was donated to the County from the District in
November 2007 for conservation purposes in exchange for a Deed of Conservation Easement of
the Loxahatchee Slough Natural Area to provide an additional layer of protection to the
conservation lands. The County manages the habitat and species of the Sandhill Crane property
while the District retains its responsibilities to manage the water flowing through the C-18 canal.
The subject sites consist of several different parcels, which total approximately 2,029 acres. The
proposed FLU category will help preserve the existing native resource and native vegetation on
the sites and provide an additional layer of protection to these environmentally sensitive lands.
LAND USE COMPATIBILITY WITH SURROUNDING AREA
The subject areas are outside urban service boundary and function as part of the Loxahatchee
Slough and Sandhill Crane Natural Areas. All three areas are immediately contiguous to
adjacent eco-corridors or natural areas.
The subject sites have been broken into three (3) parcel areas for the purposes of this report.
Parcel ‘1’ is located south of Jupiter Farms along the northern 113 of the County’s Loxahatchee
Slough Natural Area; Parcel ‘2’ is located north of the Beeline Highway, approximately 1 mile
NE of PGA Boulevard; and Parcel ‘3’ is located north of Northlake Boulevard, approximately 3
miles west of the Bee Line Highway. See Table 1 (below) and the location map on the following
page that corresponds to these location numbers.
Preserve
I
CONSISTENCY WITH COMPREHENSIVE PLAN
The Conservation FLU category applies to areas identified as environmentally sensitive or
environmentally significant which have been set aside as protected preserves. Limited
development, such as passive recreation or ecotourism is permitted within this category. The
intent of the designation is to ensure that areas designated CONS are preserved or developed in a
manner that is responsive to on-site environmental constraints. The proposed amendments
further the Goals, Objectives and Policies of the Conservation Element, and also furthers the
GOPs in the Intergovernmental Coordination Element. The proposed Comprehensive Plan Map
amendment is consistent with the Goals, Objectives, and Policies of the City’s adopted
Comprehensive Plan:
GOAL 6.1.: The natural resource of the City of Palm Beach Gardens shall be preserved or
managed in a manner which maximizes their protection, functions, and values.
Policy 6.1.2.8.: The City shall cooperate with the SFWMD and Palm Beach County in their
efforts in restoring the Loxahatchee Slough Sanctuary. The City in conjunction with the
SFWMD and Palm Beach County, shall review any development adjacent to the Sanctuary for
possible adverse impact on the Sanctuary during the development approval process.
Policy 6.1.5.3 (a).: The City shall continue to cooperate with SFMWD and Palm Beach County
through the exchange of technical information and information coordination in order to make a
concerting effort to protect and conserve unique vegetation communities that exist in the
Loxahatchee Slough area and which fall under multiple local jurisdictions. Further, the City
shall assist in the Loxahatchee Slough ecosite’s protection by designating it with Conservation
land use, and assisting with management activities.
Policy 6.1.5.4.: The City shall maintain land development regulations containing specific
standards and guidelines for the protection of environmentally sensitive lands containing one or
more of the following:
a.
b.
c.
d.
A habitat of critical value to regional populations of threatened and endangered species;
A rare and unique upland community such as coastal scrub;
Functioning and jurisdictional wetlands and deepwater habitats;
Any part of the Loxahatchee Slough Sanctuary; (emphasis added)
(e. through r. omitted for brevity)
Goal 8.1.: Establish effective coordination measures among all pertinent public and quasi-public
entities so to best maintain Palm Beach Gardens’ quality of life and efficient use of resources.
Native habitats other than those listed above may also be designated as environmentally
significant if they are actively used by or likely to support or contain U.S.- listed endangered, or
threatened species and/or state listed endangered or threatened species, or species of special
concern.
Meeting Date: December 4,2008
Date Prepared: November 6,2008
Ordinance 12,2008
Page 5 of 7
MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING FLU CATEGORIES
The maximum development potential allowed under the existing FLU categories are further
described in the following tables (please see the next page):
I
‘1’ ; 40% lot coverage/45
Sandhill Crane Site
Recreation 1,46 1
Natural Area
*Average Annual Daily Traffic
,and Use Categories
25,546,175 SF ’ 584,496 1 AADT* trips
MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED FLU CATEGORY
The maximum development potential that is allowed under the proposed FLU category of
Conservation is outlined in the table below. The analysis is based on the total acreage of the site,
which is 2,029 acres.
Pote
Sandhill Crane Site
Loxahatchee
of Proposed Future Land Use Car
p- --F-----
1 duI20 acres ’ 73.3 SF DU
1 du/ 20 acres 23.9 SF DU
I
*Average Annual Daily Traffic
733
AADT*
trips
239
AADT*
trips
43 AADT*
trips
Meeting Date: December 4,2008
Date Prepared: November 6,2008
Ordinance 12,2008
Page 6 of 7
Net I
Loxahatchee Slough
Natural Area I
‘3’ 15,504 43 15,461 I Loxahatchee Slough
Natural Area t t I I
. .verage Annual Daily Traffic
The trip generation analysis reflects that there will be a net DECREASE of 603,764 external
trips.
NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS
The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) has
reviewed the proposed amendment and has raised no objections to date.
STAFF COMMENTS
The proposed Comprehensive Plan Map amendment modifying the FLUM from Commercial
Recreation, Residential Very Low and Industrial to Conservation is compatible with the
surrounding land uses of adjacent properties and with the City’s Vision Plan. Since the County
and the District acquired these properties for Conservation purposes, it is only appropriate that
the FLUM for these areas be designated with the Conservation FLU category. The Conservation
FLU category will provide an additional layer of protection for these natural areas. The
Department of Community Affairs (DCA) completed its review of the large scale map
amendment and has no objections to the proposed amendment.
The City did receive one comment from the South Florida Water Management District
(SFWMD). SFWMD recommended that the City confirm that there will be no development on
the property and provide an analysis that documents the source of water supply and availability
of facilities to serve the new land use. According to the City’s Comprehensive plan, the
maximum development potential of the land use amendment is 10 1 single-family dwelling units.
The City does not intend to modify the Conservation land use to eliminate the existing
entitlements of the Conservation land use, and acknowledges that any residential development
on the site would require a detailed concurrency analysis for water supply and availability of
facilities. The properties are owned by Palm Beach County and the South Florida Water
Management District and have conservation management programs. The City does not
anticipate residential uses on the properties, other than those necessary to conserve the property
(such as a park ranger station).
Meeting Date: December 4,2008
Date Prepared: November 6,2008
Ordinance 12,2008
Page 7 of 7
LOCAL PLANNING AGENCY
On July 8, 2008 the Planning and Zoning Commission, acting as the Local Planning Agency
voted unanimously to approve the subject petition.
CITY COUNCIL
On August 21,2008, the City Council voted 5-0 to pass Ordinance 12,2008 onto second reading.
The Department of Community Affairs (DCA) completed its review of the petition and had no
objections to the proposed map amendment in an October 3 1,2008 letter to the City.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 12,2008.
,
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
“Dedicated to making Florida a better place to call home”
CHARLIE CRIST
Governor THOMAS G. PELHAM
SeUetaW
October 3 1,2008
The Honorable Eric Jablin, Mayor
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 3341 0-4698
Dear Mayor Jablin:
The Department has completed its review of the City of Palm Beach Gardens proposed
Comprehensive Plan Amendment (DCA Number 08-2), which was received on August 29,2008.
Copies of the proposed amendment have been distributed to appropriate state, regional and local
agencies for review, and their comments are enclosed.
The Department has reviewed the comprehensive plan amendment for consistency with
Chapter 163, Part 11, Florida Statutes, and Rule 9J-5, Florida Administrative Code. The
Department has no objections to the proposed amendment, and this letter serves as the
Objections, Recommendations and Comments (ORC) Report.
For your assistance, we have enclosed procedures for final adoption and transmittal of the
comprehensive plan amendment. If you have any question, please contact Sevini Guffey, AICP,
Community Planner at sevini.guffey@dca.state.fl.us or at (850) 922-53 15.
Sincerely yours,
Mike McDaniel, Chief
Office of Comprehensive Planning
MWskg
cc: Ms. Kara Irwin, AICP, Growth Management Administrator, City of Palm Beach Gardens
Mr. Michael Busha, AICP, Executive Director, Treasure Coast Regional Planning
Council
2555 SHUMARD OAK BOULEVARD + TALLAHASSEE, FL 32399-2100
850-488-8466 (p). + 850-921-0781 (f) + Website: www.dca.state.fl.us
#-@??’ab P05:48 IN
t COMMUNITY PLANNING 850-488-2356 (p) 650-488-3309 (f) + FLORIDA COMMUNITIES TRUST 850-922-2207 (p) 850-921-1747 (f) t
t HOUSING AND COMMUNITY DEVELOPMENT 850-488-7956 (p) 8 922
Upon receipt of this letter, the City of Palm Beach Gardens has 60 days in which to
adopt, adopt with changes, or determine that the City will not adopt the proposed amendment.
The process for adoption of local government comprehensive plan amendments is outlined in s.
163.3 184, F. S., and Rule 9J-11.011, F.A.C. The City must ensure that all ordinances adopting
comprehensive plan amendments are consistent with the provisions of Chapter 163.3 189(2)(a),
F.S.
Within ten (1 0) working days of the date of adoption, the City must submit the following
to the Department:
Three copies of the adopted comprehensive plan amendments;
A listing of additional changes not previously reviewed;
A listing of findings by the local governing body, if any, which were not included in the
ordinance; and
A statement indicating the relationship of the additional changes to the Department's
Objections, Recommendations and Comments Report.
The above amendment and documentation are required for the Department to conduct a
compliance review, make a compliance determination and issue the appropriate notice of intent.
In order to expedite the regional planning council's review of the amendments, and
pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly
to the Executive Director of Treasure Coast Regional Planning Council.
Please be advised that Section 163.3184(8)(~), F.S., requires the Department to provide a
courtesy information statement regarding the Departments' Notice of Intent to citizens who
furnish their names and addresses at the local governments plan amendment transmittal
(proposed) or adoption hearings. In order to provide this courtesy information statement, local
governments are required by law to furnish the names and addresses of the citizens requesting
this information to the Department. Please provide these required names and addresses to
the Department when you transmit your adopted amendment package for compliance
review. In the event there are no citizens requesting this information, please inform us of
this as well. For efficiency, we encourage that the information sheet be provided in electronic
format.
September 23,2008
FLORIDA DEPARTMENT OF STATE
Kurt S. Browning
Secretary of State
DIVISION OF HISTORICAL RESOURCES
Mr. Ray Eubanks
Department of Community Affairs
Bureau of State Planning
2555 Shumard Oak Boulevard
Tallahassee, FIotida 32399-2100
Re: Historic: Reservation Review of the Palm Beach Gardens (08-2) Comprehaive Plm
Amendtinent (Palm Beach County)
Dear Mr. Eubanks
According to this agency's responsibilities under Sections 163.3177 and 163.3178, Florida
Stritrrfes, and Chapter 9J-5, Florida Administrative Code, we reviewed the above document to
determine if data regarding historic resources have been given sufficient consideration in the
request to amend the Palm Beach Gardens Comprehensive Plan.
We reviewed one proposed amendment to the Future Land Use Map consisting of three
parcels proposed to be designated as Conservation, to consider the potential effects of this
action on Iustoric resources. Our cursory review suggests that the prop,osed changes should
have no adverse effects on historic resources.
If you have any questions regarding our comments, please feel free to contact Susan M. Harp
of the Division's Compliance Review staff at (850) 245-6333.
Sincerely,
Frederick P. Gaske, Director
xc: Mr. BobDennis
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
October 2,2008
Mr. Ray Eubanks
Florida Department of Community Affairs
Division of Community Planning
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399-21 00
Dear Mr. Eubanks: .- .
ensive Plan Amendm
proposes to change the future land use designation on 2,029 acres of vacant, County-
owned land to Consewation. We have the following recommendation which we request
you incorporate into your response to the City.
0 Confirm that there will be no development on the property or provide an analysis
that documents the source of water supply and availability of facilities to sewe
the new land use. Supportin ndicates that the maximum development
potential of the I mily dwelling units.
We look forward to continuing this collaboration with the City of Palm Beach Gardens
and the Department of Community Affairs in developing sound, sustainable solutions to
meet future water nal information, please contact
John Muftiken, Director
c: Rim Bishop, Seacoast Utility Authority
Marjorie Craig, SFWMD
Bob Dennis, DCA
Terry Hess, TCRPC
Stephen Mayer, Palm Beach Gardens
Murray Miller, SRNMD
3301 Gun Club Road, West Palm Beach, Florida 33406 8 (561) 686-8800 FL. WATS 1-800-432-2045
Mailing Address: P.O. Box 24680, West Palm Reach, FL 339164680 wwwsfwmd gov
TREASURE COAST REGIONAL PLANNING COUNCIL
MEMORANDUM
To: Council Members AGENDA ITEM 5K
From: Staff
Date: September 19,2008 Council Meeting
Subject: Local Government Comprehensive Plan Review
Draft Amendments to the City of Palm Beach Gardens Comprehensive Plan
DCA Reference No. 08-2
Introduction
The Local Government Comprehensive Planning and Land Development Regulation Act,
Chapter 163, Florida Statutes, requires that Council review local government
comprehensive plan am-dments prior to their adoption. Under the provisions of this
law, the Department of Community Affairs (DCA) prepares an Objections,
Recommendations, and Comments (ORC) Report on a proposed amendment only if
requested to do so by the local government, the regional planning council, an affected
person, or if an ORC Repolt is otherwise deemed necessary by the DCA. If an ORC
Report is to be prepared, then Council must provide DCA with its fmding of consistency
or inconsistency with the Strategic Regional Policy Plan (SRPP), and provide any
comments and recommendations for modification on the proposed amendments within 30
days of its receipt.
Back mound
The City of Palm Beach Gardens proposes three amendments to the Future Land Use
Map (FLUM) of the City Comprehensive Plan. The City requests a formal review of the
amendments .
Table 1
Proposed Amendments to the Futum Land Use Map
Palm Beach Gardens Comprehensive Plan
DCA Reference No. 08-2
Kev to RUM Desimations
I Indust rial
CR Commercial Recreation
CONS Conservation
RL
Evaluation
Residential Low- maximum of one hlling unit per acre
The FLUM amendments consist of three separate parcels of land totaling 2,024 acres.
They are all owned by Palm Bath County. The amendments are summarized ir-Table 1.
The locations of the properties are shown on the attached maps.
The amendments represent a cooperative effort between the City and Palm Beach County
to assign the appropriate FLUM designation of Conservation to these properties. Each of
the properties is located along the Loxah Slou&. The Loxahatchee Slough Natural
Area is the largest natural area own It is a-regionafly
significant wetland mosaic of high quality freshwater wetlands such as cypress swanps,
marshes, and wet prairies, interspersed with flatwoods and hammocks.
Palm Beach County.
The subject properties were acquired to preserve and maintain the native habitat in the
Loxahatchee Slough and Sandhill Crane Natural Areas. Much of the land in the
Loxahatchee Slough Natural Area (10,839 acres) was purchased by Palm Beach County
in October, 1996. The Sandhi11 Crane property was acquired by the County in 2007.
Parcel #1 (Sandhill Crane Site) has a current FLUM designation of Commercial
Recreation. It is surrounded by Conservation lands on three sides, and by the low density
2
Caloosa residential development on the west. Parcel #2 has a current FLUM designation
of Residential Low Density. It is an irregularly shaped propew bounded by Conservation
lands and residential development. Parcel #3 has a current FLUM designation of
Industrial. It is bordered by Conservation lands on the noah and east, by a low density
residential development (Carlton Oaks) on the west and by Northlake Boulevard on the
south.
The City considers the proposed amendments to be consistent with the goals, objectives,
and policies of the City Comprehensive Plan.
Extraiurisdictional ImDacts
osed amendments to the Palm Beach County
Review Committee. The amendments were
8. Based on the information available to Council,
the proposed amendments.
Analysis ofthe proposed amendments indicates that they would not have adverse effects
on significant regional resources or facilities.
Analysis of Consistency with Strategic Regional PoIicv Plan
Council has no comments/recommendations for modification to the proposed
amendments, The City is commended for assigning the appropriate FLUM designation
sewation landsconsis with Regional Goals 6.6 and 6.7 regardingthe protection
of wetland habitats and up natural communities and ecosystems. The amendments
are donsidered to be consistent with the SRPP.
Consistenev with Strategic Regional Policv Plan
The contract agreement between the DCA and the Treasure Coast Regional Planning
Council requires Council to include a determination of consistency with the SRPP as part
of the written report to be submitted to the DCA. Council finds the proposed amendments
to be CONSISTENT with the SRPP.
Recommendat ion
Council should adopt the above comments and instruct staff to transmit the r$ort to the
Department of Community Affairs.
Attachments
3
List of Exhibits
Exhibit
1 Ornetat Location Map
2 Amendment toeadan Map
3 Propased FUnm Land Use Dcrigdons
.
4
Exhibit 1
General heation Map
City of Palm Bcaeh Gardens
5
Exhi bit 2
Amendment Location Map
6
Exhibit 3
Pron~~ Future Land Use Designations
7
Please respond to
<sheidt@tcrpc.org>
Sevini:
As requested, please find attached the staff report on the above referenced draft amendments.
If you need additional information, please do not hesitate to contact me.
Subject Palm Beach Gardens Draft Amendments 08-2
Stephanie Heidt
egional Planning Council
Florida Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 CommonweaIth Boulevard
Tallahassee, Florida 32399-3000
E %LORC 1
~ w%%5s4sswA2s~
October 8,2008
Mr. D. Ray Eubanks
Plan Review and DRI Processing Team
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
RE: Palm Beach Gardens 08-2
Dear Mr. Eubanks:
On behalf of the Department of Environmental Protection, the Office of Intergovernmental Programs has
reviewed DRI-related comprehensive plan amendments hl accordance with the provisions of Chapter 163,
Florida Statutes. As required by law, the scope of our comments and recommendations is limited to the
environmental suitability of the proposed changes in light of the Department's regulatory and proprietary
responsibilities. Based on our review of the report, the Department has found no provision that requires
comment, recommendation or objection under the laws that form the basis of the Department's
hanges in the hture land use map or supporting text,
are proposed for development, the
review the proposal to ensure compli-ce with environmental rules and regulations in
such action is proposed. In addition, any development of the subject lands will have to comply with loa1
ordinances, other comprehensive plan requirements and restrictions, and applicable rules and regulations
of other state and regional agencies.
Thank you for the opportuni@ t6 comment on this proposal. If1 may be of fbrther assistance. please call
me at (850) 245-1169.
Sincerel:-.
a
Christopher J. Stahl
Environmental Specialist
Office of Intergovernmental Programs
Icj s
. , ., . . I 7s.. . , "
Date Prepared: June 13,2008
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ORDINANCE 12,2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, ADOPTING A LARGE SCALE
AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN
ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER
163, FLORIDA STATUTES, SPECIFICALLY SECTION 163.31 84, ET
SEQ., FLORIDA STATUTES, PURSUANT TO CITY INITIATED
APPLICATION NO. CPMA-08-04-000008, WHICH PROVIDES FOR
AN AMENDMENT TO THE CITY’S FUTURE LAND USE MAP
DESIGNATING FOURTEEN (14) PARCELS OF REAL PROPERTY
COMPRISING APPROXIMATELY TWO THOUSAND TWENTY-
FOUR (2,024~) ACRES, MORE OR LESS, IN SIZE AS “CONS -
CONSERVATION”; SUCH PARCELS OF LAND ARE LOCATED
NORTH OF BEELINE HIGHWAY AND PGA BOULEVARD,
INFORMALLY KNOWN AS THE “LOXAHATCHEE SLOUGH AND
SANDHILL CRANE NATURAL AREAS”; PROVIDING FOR
COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163,
FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO
CODlfy, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the State Legislature of the State of Florida has mandated that all
municipalities draft and adopt comprehensive development plans to provide thorough
and consistent planning with regard to land within their corporate limits; and
WHEREAS, all amendments to the comprehensive development plan must be
adopted in accordance with detailed procedwes which must be strictly followed; and
WHEREAS, the City of Palm Beach Gardens has carefully prepared an
amendment to its Comprehensive Development Plan pursuant to a City-initiated
amendment; and
WHEREAS, the City of Palm Beach Gardens has held all duly required public
hearings, both prior to submission of the proposed amendment of the plan to the State
Department of Community Affairs and after the proposed amendment of the plan was
returned to the City of Palm Beach Gardens, in amdance with Chapter 163.3184,
Florida Statutes; and
WHEREAS, the City Council desires to adopt the amendment to the current
Comprehensive Development Plan to guide and control the future development of the
City, and to preserve, promote, and protect the public health, safety, and welfare.
Dde Prepared: June 13,2008
Ordinance 12,2008
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTIONZ. The Future Land Use Map of the City’s Comprehensive
Development Plan is hereby amended, as set forth in accordance with Exhibit *A”,
attached hereto and incorporated herein.
SECTION 3. A copy of the Comprehensive Development Plan, as amended, shall
be kept on file in the office of the City Clerk, City of Palm Beach Gardens, Florida.
SECTIONA The Growth Management Administrator is hereby directed to
transmit three (3) copies of the amendment to the current Comprehensive Development
Plan to the State Land Planning Agency, along with a copy to the Treasure Coast
Regional Planning Council, and to any other unit of local government who has filed a
written request for a copy, within ten (10) working days Mer adoption, in accordance with
Section 163.31 84(7), Flbrida Statutes.
SECTION 5. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION 6. Should any section OT pvision of this Ordinance or any portion
thereof, any pamgmph, sentence, OT wwd be declared by a court of competent jurisdiction
to be invalid, such decision shall not Met3 the validii of the remainder of this Ordinance.
SECTION 7. Specrfic auvlority is hereby given to codicy this Ordinance and make it
part of the Cdy‘s Comprehensive Development Plan.
SECTION 8. The effective date of this plan amendment shall be the date a final
order is issued by the Department of Community Affairs or Administration Commission
finding the amendment in compliance in aamdmce with Sectii 163.3184(l)(b), Florida
Statutes, whiier occurs earlier. No development orders, development permits, or land
uses dependent on this amendment may be issued or commence before it has become
effective. If a final order of noncxwnplimce is issued by the Administration Commission,
this amendment may mvBcfhe(Bss be made effective by adoption of a resolution affirming
its effective status, a copy of which resoklfKxI - shall be sent to the Department of
Community Affairs, Division of Community Plarming, Plan Processing Team.
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Date Prepared: June 13, 2008
Ordinance 12, 2008
PASSED this A! >‘day of
PASSED AND ADOPTED this day of , 2008, upon
prvb vs 5’ , 2008, upon first reading.
second and final reading.
CITY OF PALM BEACH GARDENS FOR
Eric Jablin, Mayor
David Levy, Vice Mayor
Joseph R. Russo, Councilmember
Jody Barnett, Councilmember
Robert G. Premuroso, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
R. Max Lohman, Interim City Attorney
G:\attorney-~hare\ORDINANCES\2008\Ordinance 1 2 2008 - final version.docx
AGAINST ABSENT
w-
3
Date Prepared: June 13,2008
Ordinance 12, 2008
EXHIBIT “A”
z
L C z rn
N
m
I'
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
-/ Date Prepared: November 7,2008
Meeting Date: December 4,2008
Ordinance 29.2008
~_____
SubjedAgenda Item:
Ordinance 29,2008: Creation of the Construction Board of Adjustments and Appeals (CBAA)
Second Reading and Adoption: An Ordinance of the City of Palm Beach Gardens amending Chapter 2 of
the City Code of Ordinances in order to create a Construction Board of Adjustments and Appeals
(CBAA) and designate the Planning, Zoning, and Appeals Board (PZAB) to serve as the CBAA.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Finance Administrator
Gr P Management
Administrator
Submitted by:
Jack Doughney
Community Services
Administrator
City Manager
Originating Dept.:
Doug Wise
Building Offi
Todd Engle,
Director
Advertised: NIA
Paper:
[ ] Not Required
Affected parties
[ ]Notified
[ 3 Not required
Costs2
(Total)
costs-
Current FY
Funding Source:
[ x ] Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ 3 Approved wl
conditions
[ ]Denied
[ 3 Continued to:
Attachments:
0 Ordinance 29,2008
[ ]None
Date Prepared November 7,2008
Meeting Date: December 4,2008
Ordinance 29,2008
Page 2 of4
BACKGROUND:
This Ordinance has been drafted to establish a Construction Board of Adjustments and Appeals
(CBAA) for the City of Palm Beach Gardens and to also designate the Planning, Zoning, and
Appeals Board (PZAB) to serve in this role. Currently, any party aggrieved by a decision of the
Building Official within the City must appeal the decision directly to the Florida Building
Commission (FBC) through a process outlined in F.S. 553.775. The FBC formal appeal process
can be expensive and difficult, particularly when travel may be required in order to attend and
participate in an appeal hearing.
Recognizing that a local appeal mechanism is appropriate and warranted, the Legislature has
empowered local jurisdictions to establish boards pursuant to F.S. 553.80(3) and Florida
Building Code Section 102.2.5, which both contain the same exact language: "Each enforcement
district shall be governed by a board, the composition of which shall be determined by the
afected localities. ''
Additional statutory support for this action is found within F.S. 553.73(1)(e) which states:
Subject to the provisions of this act, responsibility for enforcement, interpretation,
and regulation of the Florida Building Code shall be vested in a speci3ed local
board or agency, and the words "local government" and "local governing body"
as used in this part shall be construed to refer exclusively to such local board or
agency.
Additionally F.S. 553.73( 1 O)(a-f) provides some guidelines for the interpretation of conflicts and
appeals by a local board:
(lO)(a) In the event of a conflict between the Florida Building Code and the
Florida Fire Prevention Code and the Life Safety Code as applied to a specific
project, the conflict shall be resolved by agreement between the local building
code enforcement ofJicial and the localfire code enforcement oflcial in favor of
the requirement of the code which oflers the greatest degree of lifesafety or
alternatives which would provide an equivalent degree of lifesafety and an
equivalent method of construction.
(b) Any decision made by the local fire oflcial and the local building oficial may
be appealed to a local administrative board designated by the municipality,
county, or special district having firesafety responsibilities. If the decision of the
local fire oficial and the local building oficial is to apply the provisions of either
the Florida Building Code or the Florida Fire Prevention Code and the Life
Safety Code, the board may not alter the decision unless the board determines
that the application of such code is not reasonable. Ifthe decision of the local fire
Date Prepared: November 7,2008
Meeting Date: December 4,2008
Ordinance 29,2008
Page 3 of4
oficial and the local building oficial is to adopt an alternative to the codes, the
local administrative board shall give due regard to the decision rendered by the
local oficials and may modi& that decision if the administrative board adopts a
better alternative, taking into consideration all relevant circumstances. In any
case in which the local administrative board adopts alternatives to the decision
rendered by the local jre oficial and the local building oficial, such alternatives
shall provide an equivalent degree of lifesafety and an equivalent method of
construction as the decision rendered by the local oficials.
(c) Ifthe local building oficial and the localjre oficial are unable to agree on a
resolution of the conflict between the Florida Building Code and the Florida Fire
Prevention Code and the Life Safety Code, the local administrative board shall
resolve the conflict in favor of the code which oflers the greatest degree of
lifesafety or alternatives which would provide an equivalent degree of lifesafety
and an equivalent method of construction.
(d) All decisions of the local administrative board, or ifnone exists, the decisions
of the local building oficial and the localjre oficial, are subject to review by a
joint committee composed of members of the Florida Building Commission and
the Fire Code Advisory Council. If the joint committee is unable to resolve
conjlicts between the codes as applied to a speciJic project, the matter shall be
resolved pursuant to the provisions of paragraph (l)(d).
(e) The local administrative board shall, to the greatest extent possible, be
composed of members with expertise in building construction and jresafety
standards.
@ All decisions of the local building oficial and local >re oflcial and all
decisions of the administrative board shall be in writing and shall be binding
upon all persons but shall not limit the authority of the State Fire Marshal or the
Florida Building Commission pursuant to paragraph (I)(d) and ss. 633.01 and
633. I61. Decisions of general application shall be indexed by building ana‘ $re
code sections and shall be available for inspection during normal business hours.
The proposed CBAA will also be empowered to hear variances of the technical codes in strict
accordance with criteria established in Section 113.4.2 contained in Exhibit A of companion
Ordinance 31, 2008. These appeals may allow use of alternative methodologies to those
expressed in the building code through a public hearing process.
The makeup of the existing PZAB Board has been modified slightly in order to comply with the
specific requirements of F.S. 553.73( lO)(e) (above) which states: “The local administrative
board shall, to the greatest extent possible, be composed of members with expertise in building
Date Prepared: November 7,2008
Meeting Date: December 4,2008
Ordinance 29,2008
Page 4 of4
construction and Jresafety standards. ” Accordingly, the professions of Architect, Engineer, and
Division I (General, Building, or Residential) Contractor have been added as “required”
professions. Additionally, a Firesafety Professional profession has also been added as a “desired”
profession and clearly defined. Other clarifications of the PZAB appeals board role have been
added to clarify the appeals process and to more closely align these functions with the changes
being proposed in Chapter 78 of the Code of Ordinances in companion Ordinance 30,2008.
In summary, this ordinance provides a mechanism to create enhanced protections for City
residents and property owners utilizing framework provided for by the State Statute, and does so
without any significant impact in operational costs. Building and Growth Management Staff both
support this action as being both efficient and effective while enhancing our ability to protect the
life, health, safety, and welfare of the public in our community.
This proposed Ordinance was approved by City Council on November 20,2008 on first reading.
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance 29,2008 as presented on second reading.
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ORDINANCE 29,2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING CHAPTER 2,
IN ORDER TO ESTABLISH A CONSTRUCTION BOARD OF
ADJUSTMENT AND APPEALS (CBAA) TO DESIGNATE THE
PLANNING, ZONING, AND APPEALS BOARD AS THE CBAA AND
TO CLARIFY THE PROCESS BY WHICH APPEALS OF STAFF
LEVEL ADMINISTRATIVE DECISIONS MAY BE TAKEN;
SECTION OF CHAPTER 2, ADMINISTRATION, SHALL REMAIN
THE SAME AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
ADMINISTRATION, AT SECTIONS 2-145, 2-146, 2-147, AND 2-148
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-
WHEREAS, the City Council of the City of Palm Beach Gardens has become
aware of the need to establish a Construction Board of Adjustment and Appeals; and
WHEREAS, the City staff has drafted certain amendments to the Florida Building
Code in order to facilitate procedures more favorable to the residents of the City of Palm
Beach Gardens and the public in general; and
WHEREAS, the City Council of the City of Palm Beach Gardens has become
aware that a need exists to clarify the process by which appeals from staff level
administrative decisions may be taken; and
WHEREAS, Staff recommends that Chapter 2, Administration, be amended to
accomplish this purpose; and
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Section 2-145, entitled “Creation”
by repealing and readopting same, as revised, providing that this section shall hereafter
read as follows:
Date Prepared: October 9, 2008
Date Prepared: October 9, 2008
Ordinance 29, 2008
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Sec. 2-145. Creation.
There is hereby created the planning, zoning, and appeals board, which shall
also be known and shall serve as the construction board of adjustment and ameals (the
“board 1.
SECTION 2. Chapter 2, Administration, of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Section 2-1 46, entitled “Purpose”
by numbering the original paragraph as subsection (1) and adopting an entirely new
subsection (2), providing that this section shall hereafter read as follows:
Sec. 2-146. Purpose.
u) The purpose of the planning, zoning, and appeals board is to make
recommendations to the city council on development petitions that appear
before the board, and hear and decide upon variance requests and appeals
to administrative decisions made by the administrative officials of the city on
issues related to the land development regulations, as more particularlv set
forth herein below.
42J As the construction board of adiustment and ameals. the board shall have
the Dower to hear atmeals of the decisions and interpretations of the
buildina official and to consider variances of the technical chaDters of the
buildina code as set forth in ChaDter 86 of the citv code.
SECTION 3. Chapter 2, Administration, of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Section 2-147, entitled “Powers
and duties; appeals” by repealing subsections (7) and (1 0) and readopting subsection
(7), as revised, and adopting an entirely new subsection (IO) and renumbering the
previous subsection (IO) as new subsection (11), providing that this section shall
hereafter read as follows:
Sec. 2-147. Powers and duties; appeals.
The city council hereby authorizes the board to hold and perform the following powers
and duties:
(1)-(6) (These subsections shall remain in full force and effect as previously
enacted.)
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Date Prepared: October 9, 2008
Ordinance 29, 2008
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(7) Hear and decide appeals from and review any written order, written
requirement, written decision, or written determination made rendered by
the g rowth management director. who is charged
with the administration, e~ interpretation and application ~R#WWW& of the
city’s land development regulations. Anv such appeal mav be taken by the
aarieved Dartv. in accordance with the procedures set forth at section 78-
56 of the citv code.
.. ..
(8)-(9) (These subsections shall remain in full force and effect as previously
enacted.)
As the
construction board of adiustment and appeals! the board shall hear and
decide appeals of decisions and interpretations of the buildina official! and
shall hear and decide reauests for variances from the technical chapters of
the buildinu code, all as set forth in section 113 of the administrative chapter
of the buildina code. which is adopted bv reference at chapter 86 of the citv
code.
(4-Q &L.J Further appeals. An appeal may be made to the circuit court from any
final decision of the planning, zoning, and appeals board or the construction
board of adiustment and appeals, except as otherwise set forth at section
78-56 of the citv code. provided the appeal shall be filed within 30 days from
the date e# the decision is rendered.
SECTION 4. Chapter 2, Administration, of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Section 2-148, entitled
“Membership” by repealing subsections (b)(l) and (b)(2) and readopting same, as
revised, and adopting an entirely new subsection (b)(4), providing that this section shall
hereafter read as follows:
Sec. 2-148. Membership.
(a) The board shall consist of seven regular members and two alternates.
Additionally, there shall be a representative of the school district appointed by the
school board as a nonvoting member. Initial appointment of members of the board shall
be for the following respective terms: four regular members and one alternate for two
years; three regular members and one alternate for one year; thereafter, all
appointments shall be for a term of two years.
(b) Members of the board shall be residents of the City of Palm Beach
Gardens, and shall be chosen from the following professions as outlined below:
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Date Prepared: October 9, 2008
Ordinance 29, 2008
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At least one of each of the following disciplines:
Architects;
Enaineers;
Division 1 (general! buildina. or residential) contractors.
At least one of the following disciplines:
Attorneys;
Real estate professionals;
Environmental professionals;
Landscape architects;
Planners;
Division 2 (MEPI contractors;
Land surveyors;
Fire-Safetv Professional, which shall mean a person who has experience
interpretina and applvina state and national fire codes. Fire-Safety
Professionals mav include. but are not limited to, Fire Protection Svstems
Enaineers: Fire Marshals and Inspectors: Fire Sprinkler! Fire Suppression
and Fire Alarm Svstem Contractors: and Fire Protection Contractors.
(This subsection shall remain in full force and effect as previously adopted.)
44) When necessarv. alternate members should be seated to the greatest
extent possible. based on the need for anv particular discipline.
SECTION 5. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION 6. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
SECTION 7. Specific authority is hereby given to codify this Ordinance.
SECTION 8. This Ordinance shall become effective immediately upon adoption.
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Date Prepared: October 9, 2008
Ordinance 29, 2008
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PASSED this aoSday of IJw& r8 03~ , 2008, upon first reading.
PASSED AND ADOPTED this day of ,2008, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Eric Jablin, Mayor
David Levy, Vice Mayor
Joseph R. Russo, Councilmember
Jody Barnett, Councilmember
FOR AGAINST ABSENT
Robert G. Premuroso, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFlCl ENCY
BY:
R. Max Lohman, Interim City Attorney
G:\attorney-share\ORDINANCES\2008\0rdinance 29 2008-Creating CBAA-barbs changesdoc
5
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: December 4,2008
Ordinance 30.2008
SubjectIAgenda Item:
Ordinance 30, 2008: Amendment to the Land Development Regulations Relating to an
Appeals Process
Second Reading and Adoption: A City-initiated request to mend the Palm Beach Gardens Land
Development Regulations to revise and cle the administrative appeals process under certain
circumstances.
[XI Recommendation to APPROVE
1 Recommendation to DENY
R. MaxLo
Development
Compliance NIA
Baharch Keshavarz-Wdfk,
AICP
w Kara L. Irwin, ALC.P.
A*
[ ]Quasijudicial
[XI Legislative
[ ] PUMicHearing
FINANCE: N/A
cosg: $3
Td
$ NIA
CUrrentFY
CityCwncllAction:
[ ] App. wl conditions
[ IApprOved
1-
1 3Ra. aPPd
[ ] Rec. app. wl conds.
[ IRecDenial
[ ]continuedto:~
Meeting Date: December 4,2008
ordinance 30,2008
Page 2 of 4
BACKGROUND
Currently, the City’s Code of Ordinances has multiple references to an “appeals process,” yet the
Code lacks a defined procedure for handling appeals to the interpretations or decision of the Growth
Management Administrator or the Planning, Zoning, and Appeals Board. The proposed language sets
forth a process for an appeal to any written decision rendered by the growth management director.
The language provides timelines for appeals and further appeals, which currently the Code lacks.
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
This City Code amendment provides for minor changes to various sections of Chapter 78, the Land
Development Regulations. The proposed amendment will revise and clm the administrative
appeals process under certain circumstances. The revised procedure provides for appeals to decisions
of the Growth Management Director and the Planning, Zoning, and Appeals Board.
Section 78-49 is amended to state the following: (Deletions are s&&, new language is underlined):
Sec. 78-49. Amendments to approved development orders.
(a)-(c) (These subsections shall remain in full force and effect as previously adopted.)
(d) Administrative variances. The growth management director or designee may issue
administrative variances pursuant to the following conditions:
(1)-(4) (These subparagraphs shall remain in full force and effect as previously adopted.)
(5) Appeal of growth management director’s decision. A petitioner may appeal the written
determination of the growth management director to the planning, zoning, and appeals
board in accordance with the Drocedures set forth at Section 78 -56. -
Sec. 78-56. Appeals and reconsideration.
(a) Appeals.
[Appeals fiom a final decision of the planning, zoning, and appeals board LEN%) or the
city council shall be made within 30 calendar days of the &such decision is rendered,
and shall be filed h,E&n Beach COW with the Circuit Court of the Fifteenth Judicial
Circuit. H jeal n firi om w tten dec 1 *. slonso fh t e
Meeting Date: December 4,2008
ordinance 30,2008
Page 3 of 4
eals board bv wh wnttcmxgeal wrth the citv clcxkmthL- ..
such decision is rendered,
e boar- reverse or atEm, wholly or ~artlv. or tmymd&k-
e bv the e-ement hector Dursuant to ths code.
b.Theintert>retation or declslonowth mananement director shall be txesumed
to be correct. a nd the aupl' lCant s hall have t he burde n to demonst rate the err0 r*
whc-ved bv a QmonderwgdUeewd-
be cornt>&nt and substantial.
..
eals of deceowth nwugmm3 director s-- ..
of the &v won which the moeal i s fi 1 ed wrth t h e c;1 'tv clerk.
d.M d-e PZAB on iuwalkm a nditlp or &mion of the arowth
manazemat&xtor.t to ths section, shau be final and smbtect
.. ..
u
Reconsi&ration.
Rezoning. Any parcel, or substantially the same parcel, which is the subject of a
rezoning which has been denied by the city council shall not be eligible for
reconsideration agttht by the planning, zoning, and appeals board or the city council for
a rezoning to the same classification for one year from the date such application was
denied by the city council, unless there has been material change to the application as
determined by the growth management director.
.. Other development orders. Any parcel, or substantially the same parcel, which was the
subject of an application for development order approval, including, but not hted to,
any form of conditional use, major or minor site plan review, variance aoDllcatlon. or
development order amendment, which has been denied by the development review
committee, the city council, or the planning, zoning, and appeals board, shall not be
eligible for reconsideration by that body for six months from the date the application
was denied, unless there has been material change to the application as determined by
the growth management director.
..
PLANNING, ZONING, AND APPEALS BOARD
On November 10, 2008, the Planning, Zoning, and Appeals Board recommended approval of the
petition with a vote of 6-0.
CITY COUNCIL
On November 20, 2008, the City Council adopted Ordinance 30,2008 on first reading.
I Meeting Date: December 4,2008
Ordinance 30,2008
STAFF RECOMMENDATION
Staffrecommends approval of Ordinance 30,2008.
Page 4 of 4
Date Prepared: October 9, 2008
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ORDINANCE 30,2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING CHAPTER 78, LAND
TO APPROVED DEVELOPMENT ORDERS” AT SUBSECTION (d)
BY REPEALING SUBPARAGRAPH (5) AND READOPTING SAME
AS REVISED IN ORDER TO PROVIDE FOR INTERNAL
CONSISTENCY; FURTHER AMENDING CHAPTER 78 BY
RECONSIDERATION” AND READOPTING SAME, AS REVISED IN
ORDER TO PROVIDE PROCEDURES BY WHICH APPEALS FROM
DECISIONS OF THE GROWTH MANAGEMENT DIRECTOR MAY BE
TAKEN; PROVIDING THAT EACH AND EVERY OTHER SECTION
AND SUBSECTION OF CHAPTER 78, LAND DEVELOPMENT,
SHALL REMAIN THE SAME AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
DEVELOPMENT, AT SECTION 78-49, ENTITLED “AMENDMENTS
REPEALING SECTION 78-56, ENTITLED “APPEALS AND
WHEREAS, the City Council of the City of Palm Beach Gardens has determined
that a need exists to revise and clarify the administrative appeals process under certain
circumstances; and
WHEREAS, the revised procedure provides for appeals from decisions of the
Growth Management Director and the Planning, Zoning, and Appeals Board; and
WHEREAS, this Land Development Regulations amendment was reviewed by
the Planning, Zoning, and Appeals Board at a duly noticed public hearing on October
28, 2008, and the Board recommended approval by a vote of 6 to 0; and
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. Chapter 78, Land Development of the Code of Ordinances of the
City of Palm Beach Gardens, Florida is hereby amended at Section 78-49, entitled
“Amendments to approved development orders” at subsection (d) “Administrative
variances” by repealing subparagraph (5) and readopting same, as revised, providing
that this section shall hereafter read as follows:
Date Prepared: October 9, 2008
Ordinance 30, 2008
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Sec. 78-49. Amendments to approved development orders.
(a)-(c) (These subsections shall remain in full force and effect as previously
adopted.)
(d) Administrative variances. The growth management director or designee
may issue administrative variances pursuant to the following conditions:
(1)-(4) (These subparagraphs shall remain in full force and effect as previously
adopted.)
(5) Appeal of growth management director’s decision. A petitioner may appeal
the written determination of the growth management director to the
planning, zoning, and appeals board in accordance with the procedures set
forth at Section 78-56. 3 fmakksm of tk grW ..
hn Qn ..
Y”
SECTION 2. Chapter 78, Land Development of the Code of Ordinances of the
City of Palm Beach Gardens, Florida is hereby amended by repealing Section 78-56,
entitled “Appeals and reconsideration’’ and readopting same, as revised, providing that
this section shall hereafter read as follows:
Sec. 78-56. Appeals and reconsideration.
(a) Appeals.
41) Appeals from a final decision of the planning, zoning, and appeals board
JPZAB) or the city council shall be made within 30 calendar days of the date
such decision is rendered, and shall be filed in Palm Beach County with the
Circuit Court of the Fifteenth Judicial Circuit. However! decisions rendered
bv PZAB on atmeal from written decisions of the growth management
director shall be subiect to the Drocedures set forth in subsection (a)(2) and
shall not otherwise be subiect to appeal.
42) Decisions of the growth manaaement director, which are subiect to appeal
pursuant to section 2-147. mav be appealed bv anv aggrieved partv to the
planning, zonina. and appeals board bv filina such written appeal with the
citv clerk within 20 calendar davs of the date such decision is rendered.
a. The board mav reverse or affirm! whollv or Dartlv, or mav modifv the
interpretation or decision made by the arowth manaaement director
pursuant to this code.
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Date Prepared: October 9, 2008
Ordinance 30, 2008
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b. The interpretation or decision of the arowth manaaement director shall
be presumed to be correct. and the aPplicant shall have the burden to
demonstrate the error. which must be proved bv a preponderance of the
evidence, and such evidence must be competent and substantial.
c. Appeals of decisions of the arowth manaaement director shall be heard
within 45 davs of the dav upon which the appeal is filed with the citv
clerk.
d. All decisions of the PZAB on appeal from a rulina or decision of the
growth management director. pursuant to this section. shall be final and
shall not be subiect to appeal.
Reconsideration.
Rezoning. Any parcel, or substantially the same parcel, which is the subject
of a rezoning which has been denied by the city council shall not be eligible
for reconsideration again by the planning, zoning, and appeals board or the
city council for a rezoning to the same classification for one year from the
date such application was denied by the city council, unless there has been
material change to the application as determined by the growth
management director.
Other development orders. Any parcel, or substantially the same parcel,
which was the subject of an application for development order approval,
including, but not limited to, any form of conditional use, major or minor, site
plan review, variance application, or development order amendment, which
has been denied by the development review committee, the city council, or
the planning, zoning, and appeals board, shall not be eligible for
reconsideration by that body for six months from the date the application
was denied, unless there has been material change to the application as
determined by the growth management director.
SECTION 3. All ordinances or parts of ordinances in conflict be and the same are
here by repealed.
SECTION 4. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
SECTION 5. Specific authority is hereby given to codify this Ordinance
SECTION 6. This Ordinance shall become effective immediately upon adoption. .
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Date Prepared: October 9, 2008
Ordinance 30.2008
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PASSED this 20 =day of Po V&&m , 2008, upon first reading.
PASSED AND ADOPTED this day of , 2008, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Eric Jablin, Mayor
David Levy, Vice Mayor
-
Joseph R. Russo, Councilmember
-
Jody Barnett, Councilmember
Robert G. Premuroso, Councilmember-
FOR AGAINST ABSENT
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
G:\attorney-share\ORDINANCESL?OO8\0rdinance 30 2008-PZAB Appeals Process-FINAL.doc
4
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 7,2008
Meeting Date: December 4,2008
Second Reading - Ordinance 31,2008
SubjecVAgenda Item: An Ordinarlce of the City of Palm Beach Gardens amending Chapter
86 of the City Code of Ordinances adopting an amended administrative chapter to the Florida
Building Code, establishing an unsafe structure abatement process, and adoDtina minimum ." health and safety standards for existing structures including swimming pools.
[XI Recommendation to APPROVE
11 Recommendation to DENY
L&uL- Finance Administrator
Growth Management
Administr r 5-
Submitted by:
Jack Doughney
Administrator
Originating Dept.:
Doug Wise
Todd Constructio Englee
Director
Advertised: NIA
Paper:
[ ] Not Required
Affected partiqs
[ ] Notified
\
[ ] Not required
-
Costs2
(Total)
No Fiscal Impact
costs2
Current FY
No Fiscal Impact
Funding Source:
[ x ] Operating
[ ] Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ] Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Ordinance 31,2008
0 Exhibit "A" to
Ordinance 31, 2008
0 Proposed Wind
Speed Map
0 The International
Code Congress (ICC)
International Property
Maintenance Code
(IPMC) 2006 Edition
[ ]None
Date Prepared: November 7,2008
Meeting Date: December 4,2008
Second Reading - Ordinance 31,2008
Page 2 of 4
BACKGROUND:
With the enactment of the Florida Building Code on March 1, 2002 through FS 553, the Florida
State Legislature established a uniform set of standards with the express intent to promulgate
“...effective and reasonable protection for public health, safety and general welfare for all the
people of Florida at reasonable cost to the consumer.” The legislature further states in FS
553.72(2) that u.. .local governments shall have the power to inspect all buildings, structures,
and facilities within their jurisdictions in the protection of the public health, safety and welfare.. .”.
To facilitate the enforcement process, the FS553.80 expressly directs local jurisdictions to
require strict compliance with the provisions of the Florida Building Code for all regulated
construction projects under our jurisdiction. Within FS553.73(4)(a) the statute also states: “Local
governments may adopt amendments to the administrative provisions of the Florida Building
Code, subject to the limitations of this paragraph. Local amendments shall be more stringent
than the minimum standards described herein and shall be transmitted to the commission within
30 days after enactment.”
The new administrative chapter provides the following enhancements to the building department
administrative process for the benefit of residents, property owners, and customers of the
division:
1. Clarifies and defines terms not defined elsewhere in the code.
2. Clarifies and expands the conditions under which a permit is issued and under which a
permit may be revoked.
3. Clarifies the permit expiration process.
4. Places clear ethical standards governing the actions of division staff.
5. Establishes a procedure and process for the abatement of unsafe structures and unsafe
building systems.
6. By adopting pertinent portions of the nationally recognized ICC International Property
Maintenance Code, the new administrative chapter provides a clear mechanism to
define minimum standards for health, safety, and welfare in existing structures and
building systems including existing swimming pools.
7. Provides a process for appeals and variances of the decisions of the Building Official or
the technical code and adds filing time limits.
8. Outlines the duties and function of the Construction Board of Adjustments and Appeals
(CBAA) in the appeal and variance processes.
9. Adds specific provisions to the building code which identify and prohibit adverse impacts
of construction activities on adjacent properties.
In addition to the specific enhancements contained in Exhibit A, the ordinance adopts a wind
speed map which clarifies the wind speed zone boundaries in our geographical area. The
ordinance also contains specific language limiting the period of time that hurricane shutters may
be left in place upon structures. A clear definition as to exactly what constitutes overcrowding in
a residential unit has also been added, which is based upon a definition drawn from a nationally
recognized standard.
In summary, this ordinance provides significant enhancements and improvements to the City
Code of Ordinances which enhances the ability of City staff to protect the health and safety of
residents, visitors, workers and property owners within buildings and structures in our City. It
should also be noted that there is no significant fiscal impact anticipated from the adoption of
this ordinance.
Date Prepared: November 7,2008
Meeting Date: December 4,2008
Second Reading - Ordinance 31,2008
Page 3 of 4
Pursuant to a request on first reading from City Council, the language in the Section 86-30(d) of
the proposed Ordinance has been modified to ensure the proposed will not conflict with other
provisions of the City Code of Ordinances. In addition, the following material has been added to
clarify the application of the language contained in Ordinance 31, Section 86-30(a) and (b).
Maximum Occupancv Calculation Example:
Assumptions: Two bedroom dwelling total square footage is 1250. There is 212
SF contained in a single bathroom, hallway, closets and a utility room.
Remainder = 750 SF
(See Note 1)
Bedroom 1 = 144 SF
Bedroom 2 = 144SF
Maximum Occupancy Calculation based upon habitable area:
1250 SF - 212 SF (see note 1) = 1038
888 I 100 = 8.88
Maximum Occupancy Calculation based upon sleedna room area:
Bedroom 1 - 144 SF (Minimum = 70) (OK)
Calculation Number of Occupants
1038 SF - 150 SF (first occupant) remainder = 888 1
- 8
Total = 9
Calculation Number of Occupants
144 SF 150 SF = 2.88 (See Note 2) 2
Bedroom 2 - 144 SF (Minimum = 70) (OK)
144 SF 150 SF = 2.88 (See Note 2) - 2
Total = 4
In this example the maximum occupancy of this residence would be limited the
most restrictive of the two calculations or 4 persons.
Note 1: Section 86-30(a) refers to "habitable rooms". Habitable spaces are defined in Chapter 2 of
the ICC IPMC as "Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet
rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable
spaces." In this example it is given there is 212 SF in non-habitable spaces in the residence.
Note 2: Remainders are always rounded down since there is not sufficient area to support the
habitation of an additional person.
Date Prepared: November 7,2008
Meeting Date: December 4,2008
Second Reading - Ordinance 31,2008
Page 4 of 4
It is also important to note that the limiting factor can be total habitable area,
particularly if the example residence had a large number of bathrooms, closets
hallways and storage spaces. Both calculations must be performed in each case
to ensure adequate suitability for the proposed number of occupants.
This proposed Ordinance was approved by City Council on first reading on November 20,2008
STAFF RECOMMENDATION: Approve Ordinance 31,2008 as presented on second reading.
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ORDINANCE 31,2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING CHAPTER 86,
ENTITLED “BUILDINGS AND BUILDING REGULATIONS” AT
PROVIDE LOCAL AMENDMENTS TO THE FLORIDA BUILDING
CODE RELATED TO ADMINISTRATION AND TO WIND LOADS;
FURTHER AMENDING CHAPTER 86 BY ADOPTING NEW
SECTION 86-26 OF THE CITY CODE OF ORDINANCES TO
SECTION 86-29, ENTITLED “HURRICANE SHUTTERS” AND
ADOPTING NEW SECTION 86-30, ENTITLED “MAXIMUM
OCCUPANCY”; REPEALING ARTICLE 111, ENTITLED “STORAGE
OF BUILDING MATERIAL AND EQUIPMENT,” ARTICLE IV,
ENTITLED “STRUCTURES USED AS MODELS,” AND ARTICLE V,
ENTITLED “SWIMMING POOLS”; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, Chapter 86 of the City Code of Ordinances establishes building
reg u I at i o ns; and
WHEREAS, the Florida legislature, under Section 553.73, Florida Statutes, has
provided for the statewide adoption and application of the Florida Building Code; and
WHEREAS, Section 553.73(4)(a), Florida Statutes, provides that local
governments may adopt amendments to the administrative provisions of the Florida
Building Code that are more stringent than the minimum state administrative standards;
and
WHEREAS, the City Council has determined that it is necessary to amend
Chapter 86, entitled “Buildings and Building Regulations” to adopt certain administrative
amendments, including enforcement provisions, to provide for wind load regulations
related to basic wind speeds and to establish minimum floor space and minimum
sleeping space requirements; and
WHEREAS, the City Council has further determined that Article Ill, entitled
“Storage of Building Material and Equipment,” Article IV, entitled “Structures Used as
Models,” and Article V, entitled “Swimming Pools” are no longer necessary and should
be repealed since the City has also adopted the Florida Building Code; and
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
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Date Prepared: October 10, 2008
Ordinance 31,2008
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. Chapter 86, entitled “Buildings and Building Regulations” of the
Code of Ordinances of the City of Palm Beach Gardens is hereby amended at Section
86-26 to include Exhibit A, Florida Building Code, Chapter 1 and Section 1609 of
Chapter 16, attached hereto, providing that this section shall hereafter read as follows:
Sec. 86-26. Building code adopted; permit fees.
(a) Adoption. The Florida Building Code, as adopted and updated by the
Florida Building CommissionA , except as
Chapter 1 and Section 1609 of Chapter 16 are amended herein, is adopted as
the building code of the city. The local amendments to the Florida Building Code,
Chapter 1 and Section 1609 of Chapter 16, as set forth and contained in Exhibit
A, are herebv adopted and incorporated herein and shall be maintained on file
with the offices of the citv clerk and the building department.
(b) Permit fees, charges, and expenses.
The permit fees, charges, and expenses authorized by the city council
shall be adopted by resolution and shall be collected by the city upon issuance of
building permits.
SECTION 3. Chapter 86, entitled “Buildings and Building Regulations” of the
Code of Ordinances of the City of Palm Beach Gardens is hereby amended by adopting
an entirely new Section 86-29, entitled “Hurricane shutters,” providing that this section
shall hereafter read as follows:
Sec. 86-29. Hurricane shutters.
Beginning December 1“ of each year through June 1‘‘ of the following year, the
use or closure of hurricane shutters, of any tvpe whatsoever, to cover building/structure
openings shall be strictlv prohibited. However, in the event that any portion of Palm
Beach County falls within the National Hurricane Center’s 5-dav cone of probabilitv for a
named tropical storm event, hurricane shutters may be used to protect building/structure
openings up to 5 davs prior to storm landfall and may remain in place for no more than
5 davs following storm passage. Nothing in this section shall preclude the issuance of
building permits for the installation of various hurricane shutter svstems.
SECTION 4. Chapter 86, entitled “Buildings and Building Regulations” of the
Code of Ordinances of the City of Palm Beach Gardens is hereby amended by adopting
an entirely new Section 86-30, entitled “Maximum occupancy,” providing that this
section shall hereafter read as follows:
2
Date Prepared: October IO, 2008
Ordinance 31, 2008
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Sec. 86-30. Maximum occupancy.
la) Minimum floor area. Everv dwelling unit shall contain at least 150 sq. ft. of
floor space for the first occupant thereof and at least an additional 100 sq. ft. of floor
area per additional occupant. The floor area shall be calculated on the basis of the total
area of all habitable rooms.
/b) Rewired soace in sleeoing rooms. In a dwelling unit, even/ room
occupied for sleeping purposes bv one occupant shall contain at least 70 sq. ft. of floor
area, and every room occupied for sleeping purposes bv more than one occupant shall
contain at least 50 sa. ft. of floor space for each occupant thereof.
IC, Violations. Each occupant in excess of the maximum number allowed
pursuant to the minimum floor area or minimum sleeping area requirements, as set forth
hereinabove, shall be considered a single and separate irreversible/irreparable violation
and shall be further considered a threat to the health, safetv, and welfare of the public.
The citv specificallv reserves the right to enforce the provisions of this section bv any
legal means available.
/d) Additional regulations. The regulations contained in subsections (a), (b),
and (c) above are minimum standards in addition to those regulations set forth in the
Florida Building Code. In the event of a conflict between this section. the Florida
Building Code, or any other section of the Palm Beach Gardens Code of Ordinances,
the most restrictive provision shall control.
SECTION 5. Article Ill, entitled “Storage of Building Material and Equipment,”
Article IV, entitled “Structures Used as Models,” and Article V, entitled “Swimming
Pools” of Chapter 86, are hereby repealed in their entirety.
SECTION 6. Each and every other section and subsection of Chapter 86,
“Buildings and Building Regulations” shall remain in full force and effect as previously
enacted.
SECTION 7. All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
SECTION 8. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
SECTION 9. Specific authority is hereby granted to codify this Ordinance.
SECTION IO. This Ordinance shall take effect immediately upon adoption.
3
Date Prepared: October 10, 2008
Ordinance 31, 2008
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PASSED this 2Oeday of POv@f6m , 2008, upon first reading.
PASSED AND ADOPTED this day of , 2008, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Eric Jablin, Mayor
David Levy, Vice Mayor
Joseph R. Russo, Councilmember
Jody Barnett, Councilmember
FOR AGAINST ABSENT
Robert G. Premuroso, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
G:\attorney~share\ORDI"NCES\2008\Ordinance 31 2008-building code-Revision-9-1 U-08.doc
4
Exhibit A
CHAPTER I
ADMINISTRATION
SECTION 101
GENERAL
101.1 Title.
These regulations shall be known as the Florida Building Code, hereinafter referred to as "this
code."
101.2 Scope.
The provisions of this code shall apply to the construction, alteration, movement, enlargement,
replacement, repair, equipment, use and occupancy, location, maintenance, removal and
demolition of every building or structure or any appurtenances connected or attached to such
buildings or structures as herein amended by the City of Palm Beach Gardens.
Exceptions:
1. Detached one- and two-family dwellings and multiple single-family
dwellings (town houses) not more than three stories above grade plane in
height with a separate means of egress and their accessory structures
shall comply with the Florida Building Code, Residential.
2. Existing buildings undergoing repair, alterations or additions and change
of occupancy shall comply with Chapter 34 of this code.
101.2.1 Appendices.
Provisions in the appendices shall not apply unless specifically adopted.
101.3 Intent.
The purpose of this code is to establish the minimum requirements to safeguard the public
health, safety and general welfare through structural strength, means of egress facilities,
stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and
property from fire and other hazards attributed to the built environment and to provide safety to
fire fighters and emergency responders during emergency operations.
101.3.1 Quality Control. Quality control of materials and workmanship is not within the
purview of this code except as it relates to purposes stated herein.
101.3.2 Permitting, Plan Review and Inspection. The permitting, plan review or
inspection of any building, system or plan by this City under the requirements of this
code shall not be construed in any court as a warranty of the physical condition of such
building, system or plan or their adequacy. The City shall not be liable in tort for
damages or hazardous or illegal condition or inadequacy in such building, system or
plan, nor for any failure of any component of such, which may occur subsequent to such
inspection or permitting. Further, no Building Department employee shall be liable in tort
for damages from such conditions, in accordance with Section 768.28(9)(a), Florida
Statutes, as may be amended.
101.4 Referenced codes.
Draft 09-22-08
The other codes listed in Sections 101.4.1 through 101.4.8 and referenced elsewhere in this
code shall be considered part of the requirements of this code to the prescribed extent of each
such reference.
101.4.1 Electrical.
The provisions of Chapter 27 of the Florida Building Code, Building shall apply to the installation
of electrical systems, including alterations, repairs, replacement, equipment, appliances,
fixtures, fittings and appurtenances thereto.
101.4.2 Gas.
The provisions of the Florida Building Code, Fuel Gas shall apply to the installation of gas piping
from the point of delivery, gas appliances and related accessories as covered in this code.
These requirements apply to gas piping systems extending from the point of delivery to the inlet
connections of appliances and the installation and operation of residential and commercial gas
appliances and related accessories.
101.4.3 Mechanical.
The provisions of the Florida Building Code, Mechanical shall apply to the installation,
alterations, repairs and replacement of mechanical systems, including equipment, appliances,
fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning
and refrigeration systems, incinerators and other energy-related systems.
101.4.4 Plumbing.
The provisions of the Florida Building Code, Plumbing shall apply to the installation, alteration,
repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings
and appurtenances, and where connected to a water or sewage system and all aspects of a
medical gas system.
101.4.5 Reserved.
101.4.6 Fire prevention.
For provisions related to fire prevention, refer to the Florida Fire Prevention Code. The Florida
Fire Prevention Code shall apply to matters affecting or relating to structures, processes and
premises from the hazard of fire and explosion arising from the storage, handling or use of
structures, materials or devices; from conditions hazardous to life, property or public welfare in
the occupancy of structures or premises; and from the construction, extension, repair, alteration
or removal of fire suppression and alarm systems or fire hazards in the structure or on the
premises from occupancy or operation.
101.4.7 Energy.
The provisions of Chapter 13 of the Florida Building Code, Building shall apply to all matters
governing the design and construction of buildings for energy efficiency.
101.4.8 Accessibility.
For provisions related to accessibility, refer to Chapter 11 of the Florida Building Code, Building.
101.4.9 Manufactured buildings.
For additional administrative and special code requirements, see Section 428, Florida Building
Code, Building, and Rule 9B-1 F.A.C.
2
Draft 09-22-08
SECTION 102
APPLICABILITY
102.1 General.
Where, in any specific case, different sections of this code specify different materials, methods
of construction or other requirements, the most restrictive shall govern. Where there is a conflict
between a general requirement and a specific requirement, the specific requirement shall be
applicable.
102.1.1
The Florida Building Code does not apply to, and no code enforcement action shall be
brought with respect to, zoning requirements, land use requirements and owner
specifications or programmatic requirements which do not pertain to and govern the
design, construction, erection, alteration, modification, repair or demolition of public or
private buildings, structures or facilities or to programmatic requirements that do not
pertain to enforcement of the Florida Building Code. Additionally, a local code
enforcement agency may not administer or enforce the Florida Building Code, Building
to prevent the siting of any publicly owned facility, including, but not limited to,
correctional facilities, juvenile justice facilities, or state universities, community colleges,
or public education facilities, as provided by law. In addition to the requirements of this
code, there may be other regulations by other agencies affecting details of development,
building design and construction, such as, but not limited to:
OTHER AGENCIES: TOPICS REGULATED:
Federal EPA & State DEP: Wetlands & Dock Permitting
State Health Department: Wells & Septic Systems
PBG Police Department: Commercial Building Security
PBG Growth Management Department: Floodplain Regulation
Zero Lot Line Homes
Townhouses
Patio Screens and Roofs
Setbacks
Height Limitations
Irrigation Rainfall Sensors
Roof Overhangs in Easements
102.2 Building.
The provisions of the Florida Building Code shall apply to the construction, erection, alteration,
modification, repair, equipment, use and occupancy, location, maintenance, removal and
demolition of every public and private building, structure or facility or floating residential
structure, or any appurtenances connected or attached to such buildings, structures or facilities.
Additions, alterations, repairs and changes of use or occupancy group in all buildings and
structures shall comply with the provisions provided in Chapter 34 of this code. The following
3
Draft 09-22-08
buildings, structures and facilities are exempt from the Florida Building Code as provided by
law, and any further exemptions shall be as determined by the legislature and provided by law:
Building and structures specifically regulated and preempted by the federal
government.
Railroads and ancillary facilities associated with the railroad.
Nonresidential farm buildings on farms.
Temporary buildings or sheds used exclusively for construction purposes.
Mobile or modular structures used as temporary offices, except that the
provisions of Part V (Section 553.501-553.51 3, Florida Statutes) relating to
accessibility by persons with disabilities and permits shall be required for
structural support and tie down, electric supply and all other such utility
connections to such mobile or modular structures as required by this City.
Those structures or facilities of electric utilities, as defined in Section 366.02,
Florida Statutes, which are directly involved in the generation, transmission, or
distribution of electricity.
Temporary sets, assemblies, or structures used in commercial motion picture or
television production, or any sound-recording equipment used in such
production, on or off the premises.
Chickees constructed by the Miccosukee Tribe of Indians of Florida or the
Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means
an open-sided wooden hut that has a thatched roof of palm or palmetto or other
traditional materials, and that does not incorporate any electrical, plumbing, or
other nonwood features.
102.2.1
In addition to the requirements of Section 553.79 and 553.80, Florida Statutes, facilities
subject to the provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400,
Florida Statutes, shall have facility plans reviewed and construction surveyed by the
state agency authorized to do so under the requirements of Chapter 395, Florida
Statutes, and Part II of Chapter 400, Florida Statutes, and the certification requirements
of the federal government.
102.2.2
Buildings or structures for residential uses moved into or within a county or municipality
shall not be required to be brought into compliance with the state minimum building code
in force at the time the building or structure is moved, provided:
1. The building or structure is structurally sound for wind speed
requirements of the new location and in occupiable condition for its
intended use;
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Draft 09-22-08
2. The occupancy use classification for the building or structure is not
changed as a result of the move;
3. The building is not substantially remodeled;
4. Current fire code requirements for ingress and egress are met;
5. Electrical, gas and plumbing systems meet the codes in force at the time
of construction and are operational and safe for reconnection; and
6. Foundation plans are sealed by a professional engineer or architect
licensed to practice in this state, if required by the applicable Florida
Statutes for all residential buildings or structures of the same residential
occupancy class.
102.2.3
The building official shall apply the same standard to a moved residential building or
structure as that applied to the remodeling of any comparable residential building or
structure to determine whether the moved structure is substantially remodeled.
The cost of the foundation on which the moved building or structure is placed shall not
be included in the cost of remodeling for purposes of determining whether a moved
building or structure has been substantially remodeled.
102.2.4
This section does not apply to the jurisdiction and authority of the Department of
Agriculture and Consumer Services to inspect amusement rides or the Department of
Financial Services to inspect state-owned buildings and boilers.
102.2.5
Each enforcement district shall be governed by a board, the composition of which shall
be determined by the affected localities. The building official, at his or her option, may
promulgate rules granting the owner of a single-family residence one or more
exemptions from the Florida Building Code relating to:
1. Addition, alteration or repair performed by the property owner upon his or
her own property, provided any addition or alteration shall not exceed
1,000 square feet (93 m2) or the square footage of the primary structure,
whichever is less.
2. Addition, alteration or repairs by a nonowner within a specific cost
limitation set by rule, provided the total cost shall not exceed $5,000
within any 12-month period.
3. Building and inspection fees.
Each code exemption, as defined in this section, shall be certified to the local board 10
days prior to implementation and shall be effective only in the territorial jurisdiction of the
enforcement district or local enforcement agency implementing it.
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102.2.6
This section does not apply to swings and other playground equipment accessory to a
one- or two-family dwelling.
Exception: Electrical service to such playground equipment shall be in
accordance with Chapter 27 of this code.
102.3 Application of references.
References to chapter or section numbers, or to provisions not specifically identified by number,
shall be construed to refer to such chapter, section or provision of this code.
102.4 Referenced codes and standards.
The codes and standards referenced in this code shall be 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 referenced codes and standards, the provisions of this code shall
apply-
102.5
Reserved.
102.6 Existing structures.
The legal occupancy of any structure existing on the date of adoption of this code shall be
permitted to continue without change, except as is specifically covered in this code, or the
Florida Fire Prevention Code, or as is deemed necessary by the building official for the general
safety and welfare of the occupants and the public.
102.7 Relocation of manufactured buildings.
(1) Relocation of an existing manufactured building does not constitute an alteration.
(2) location, using the appropriate wind speed map. If the existing building was
manufactured in compliance with the Standard Building Code (prior to March 1, 2002),
the wind speed map of the Standard Building Code shall be applicable. If the existing
building was manufactured in compliance with the Florida Building Code (after March 1,
2002), the wind speed map of the Florida Building Code shall be applicable.
A relocated building shall comply with wind speed requirements of the new
102.8 Rules of Construction. The rules of construction set out in this section shall be
observed, unless such construction is inconsistent with the manifest intent of this chapter. The
rules of construction and definitions set out here shall not be applied to any section of this
chapter which contains any express provisions excluding such construction, or where the
subject matter or content of such section would be inconsistent with this section.
102.8.1 Generally. All provisions, terms, phrases and expressions contained in this
chapter shall be liberally construed in order that the true intent and meaning of the
administration of the jurisdiction may be fully carried out. Terms used in this chapter,
unless otherwise specifically provided, shall have the meanings prescribed by the
statutes of this state for the same terms.
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102.8.2 Text. In case of any difference of meaning or implicatifon between the text of
this chapter and any figure, the text shall control.
102.8.3 Delegation of authority. Whenever a provision appears requiring the building
official or some other officer or employee to do some act or perform some duty, it is to be
construed to authorize the building official or other officer to designate, delegate and
authorize professional level subordinates to perform the required act or duty unless the
terms of the provision or section specify otherwise.
102.8.4 Month. The word “month” shall mean a calendar month.
102.8.5 Shall, may. The word “shall” is mandatory; “may” is permissive. The word “shall”
takes precedence over “may”.
102.8.6 Written or in writing. The term “written” or “in writing” shall be construed to
include any representation of words, letters or figures whether by printing or otherwise.
102.8.7 Year. The word “year” shall mean a calendar year, unless a fiscal year is
indicated.
102.8.8 Interpretation. Interpretations of this chapter shall be made by the building
official.
102.9 Words Defined
Abandon or abandonment (1) Termination of a construction project by a contractor without
just cause or proper notification to the owner including the reason for termination. (2) Failure of
a contractor to perform work without just cause for ninety (90) days. (3) Failure to obtain an
approved inspection within one hundred eighty (1 80) days from the previous approved
inspection.
Appraised value. For the purpose of this section, appraised value is defined as either (1 ) one
hundred and twenty (1 20) percent of the assessed value of the structure as indicated by the
County Property Appraiser’s Office or (2) the value as indicated in a certified appraisal from a
certified appraiser.
Assessed value. The value of real property and improvements thereon as established by the
County Property Appraiser.
Authorized agent. A person specifically authorized by the holder of a certificate of competency
to obtain permits in his stead.
Basic Wind Speed Line. The basic wind speed line for the City shall be as established by the
wind speed countour map attached to, and made part of, this code. .
Board. The City of Palm Beach Gardens Construction Board of Adjustments and Appeals.
Building shell. The structural components that completely enclose a building, including, but not
limited to, the foundation, structural frame, floor slabs, exterior walls and roof system.
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Building system. A functionally related group of elements, components and/or equipment,
such as the electrical, plumbing and mechanical systems of a building.
Certificate of occupancy. (C.O.). An official document evidencing that a building satisfies the
requirements of the jCity for the occupancy of a building.
Certificate of completion. (C. of C.). An official document evidencing that a building satisfies
the requirements of the City for the completion of a building.
Change of occupancy. A change from one Building Code occupancy classification or sub
classification to another.
Commercial building. Any building, structure, improvement or accessory thereto, other than a
one- or two-family dwelling.
Demolition. The act of razing, dismantling or removal of a building or structure, or portion
thereof, to the ground level.
Examination. An exam prepared, proctored and graded by a recognized testing agency unless
otherwise implied in contex or specifically stated otherwise.
lmminent Danger. Structurally unsound conditions of a structure, or portion thereof, that are
likely to cause physical injury to a person entering the structure: or, due to structurally unsound
conditions, any portion of the structure is likely to fall, be carried by the wind, or otherwise
detach or move, and in doing so, cause physical injury or damage to a person on the property,
or to a person or property nearby: or, the condition of the property is such that it harbors or is
inhabited by pests, vermin, or organisms injurious to human health, the presence of which
constitutes an immediate hazard to the people in the vicinity.
inspection warrant A court order authorizing the official or his designee to perform an
inspection of a particular property named in the warrant.
lntensification of use. An increase in capacity or number of units of a residential or commercial
building.
Permit card orplacard. A document issued by the City evidencing the issuance of a permit
and recording of inspections.
Resident Inspector. An individual appropriately licensed pursuant to FS 468, retained by the
property owner, who provides special onsite inspection duties during the course of construction,
throughout the term of the project, based upon requirements unique to the nature of the
proposed construction, The resident inspector serves at the discretion and under the direct
supervision of the building official,.
Site preparation. The physical clearing of the site in preparation for foundation work including,
but not limited to, site clearing, excavation, dewatering, pilings and soil testing activities.
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SECTION 103
BUILDING DEPARTMENT
103.1 Establishment. There is hereby established a department to be called the building
department, and the person in charge shall be known as the building official. All code officials
employed by the department shall be certified in accordance with Chapter 468, Part XII, Florida
Statutes.
103.2 Employee qualifications.
103.2.1 Building official’s qualifications. The building official shall have at least ten
years combined experience as an architect, engineer, construction code official,
contractor or construction superintendent with at least five years of such experience in
supervisory positions. The building official shall be certified as a building official or
building code administrator by the State of Florida.
103.2.2 Deputy building official qualifications. The building official may designate as
a deputy an employee in the department who shall, during the absence or disability of
the building official, exercise all the powers of the building official. The deputy building
official shall have the same qualifications listed in 103.2.1.
103.2.2 Chief inspector qualifications. The building official, with the approval of the
governing authority, may designate chief inspectors to administer the provisions of the
Building, Electrical, Gas, Mechanical, Plumbing, Residential, and Existing Building
Codes. Each chief inspector shall have at least ten years combined experience as an
architect, engineer, construction code official, contractor, or construction superintendent
with at least five years of such experience in supervisory positions.
103.2.3 Plans examiner and inspector qualifications. The building official, with the
approval of the applicable governing authority, may appoint or hire such number of
officers, plans examiners, inspectors, assistants and other employees as shall be
authorized from time to time. A person shall not be appointed or hired as a plans
examiner or inspector of construction who has not had at least five years experience as
a building inspector, engineer, architect, or as a superintendent, foreman, or competent
mechanic in charge of construction, in the corresponding trade. The plans examiners
and inspectors shall be certified, through the State of Florida for the appropriate trade.
103.3 Restrictions on employees. An officer or employee connected with the department,
except one whose only connection is as a member of the board, shall not be financially
interested in the furnishing of labor, material, or appliances for the construction, alteration, or
maintenance of a building, structure, service, system or in the making of plans or of
specifications thereof, within the jurisdiction of the department, unless he is the owner of such.
This officer or employee shall not engage in any other work which is inconsistent with his duties
or conflict with the interests of the department.
103.4 Records. The building official shall keep, or cause to be kept, a record of the business of
the department. The records of the department shall be open to public inspection.
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103.5 Reserved.
103.6 Liability. Any officer or employee, or member of the Board of Adjustments and Appeals,
charged with the enforcement of this code, acting for the City in the discharge of his duties,
shall not thereby render himself personally liable, and is hereby relieved from all personal
liability, for any damage that may occur to persons or property as a result of any act required or
permitted in the discharge of his duties. Any suit brought against any officer or employee or
member because of such act performed by him in the enforcement of any provisions of this
code shall be defended by the City Attorney until the final termination of proceedings, unless
such person is found to have acted in bad faith or with malicious purpose or in a manner
exhibiting wanton and willful disregard for the safety, health and welfare of the public.
SECTION 104
DUTIES AND POWERS OF BUILDING OFFICIAL
104.1 General. The building official is hereby authorized and directed to enforce the provisions
of this code. The building official shall have the authority to render interpretations of this code
and to adopt policies and procedures in order to clarify the application of its provisions. Such
interpretations, policies and procedures shall be in compliance with the intent and purpose of
this code, and shall not have the effect of waiving requirements specifically provided for in this
code.
104.2 Right of entry.
104.2.1 Whenever necessary to make an inspection to enforce any of the provisions of
this code, or whenever the building official has reasonable cause to believe that there
exists in any building or upon any premises any condition or code violation which makes
such building, structure, premises, electrical, gas, mechanical or plumbing systems
unsafe, dangerous or hazardous, the building official may enter such building, structure
or premises at all reasonable times to inspect the same or to perform any duty imposed
upon the building official by this code. If such building or premises are occupied, he shall
first present proper credentials and request entry. If such building, structure, or premises
are unoccupied, he shall first make a reasonable effort to locate the owner or other
persons having charge or control of such and request entry. If entry is refused, the
building official shall have recourse to every remedy provided by law to secure entry.
104.2.2 When the building official shall have first obtained a proper inspection warrant or
other remedy provided by law to secure entry, no owner or occupant or any other
persons having charge, care or control of any building, structure, or premises shall fail or
neglect, after proper request is made as herein provided, to promptly permit entry therein
by the building official for the purpose of inspection and examination pursuant to this
code.
104.3 Reserved
104.4 Revocation of permits. The building official is authorized to suspend or revoke a permit
issued under the provisions of this code wherever the permit is issued in error or on the basis of
incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or
any provisions of this code.
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104.4.1 Misrepresentation of application. The building official may revoke a permit or
approval, issued under the provisions of this code, in case there has been any false
statement or misrepresentation as to the material fact in the application or plans on
which the permit or approval was based.
104.4.2 Violation of code provisions. The building official may revoke a permit upon
determination by the building official that the construction, erection, alteration, repair,
moving, demolition, installation, or replacement of the building, structure, electrical, gas,
mechanical or plumbing systems for which the permit was issued is in violation of, or not
in conformity with, the provisions of this code.
104.5 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or
plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which
constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing
use, constitute a hazard to safety or health, are considered unsafe buildings or service systems.
All such unsafe buildings, structures or service systems are hereby declared illegal and shall be
abated by repair and rehabilitation or by demolition in accordance with the provisions of this
code. The extent of repairs-shall be determined by the building official.
When the buildinq official determines that an unsafe building, structure, or service svstem
cannot be reasonablv repaired in accordance with this or the technical codes, it shall be
demolished in accordance with this section.
104.5.1 When the building official determines a building. structure, electrical, gas, mechanical,
or plumbina svstem or portion thereof is unsafe, as set forth in this Code, or in reference to the
International Propertv Maintenance Code, current edition, promulgated bv the International
Code Council, Inc., he/she shall, in accordance with established procedure for legal notices,
give the owner, aqent, or person in control of such building, structure, electrical, gas,
mechanical, or plumbing svstem written notice statins the defects thereof. This notice shall
rewire the owner within a stated time either to complete specified repairs or improvements, or
to demolish and remove the buildinq, structure, electrical, gas, mechanical, or plumbina svstem
or portion thereof. The building official shall refer to the International Propertv Maintenance
Code exclusivelv for safety purposes and not for aesthetic purposes, and onlv as to structural,
electrical, gas, mechanical, or plumbinq deficiencies. For the purposes of Drotectina life, health,
property, and ensurinq public safetv, enforcement activitv bv the buildins official shall be limited
to Chapter 2, Chapter 3 - Sections 303, 304 (excludinq 304.31, 305, and 306. Chapter 4,
Chapter 5, and Chapter 6 of the IPMC.
104.5.2 If necessary, such notice shall also require the building, structure, electrical, gas,
mechanical, or plumbinq svstems or portion thereof to be vacated forthwith and not
reoccupied until the specified repairs and improvements are completed, inspected and
approved bv the building official. The building official shall cause to be posted at each
entrance to such buildins a notice stating: THIS BUILDING IS UNSAFE AND ITS USE
OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. Such
notice shall remain posted until the required repairs are made or demolition is
comdeted. It shall be unlawful for any person, firm, or corporation or its officers, agents,
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or other servants to remove such notice without written permission of the building official,
or for any person to enter the buildinq, or use such svstems except for the purpose of
making the required repairs or of demolishinq same.
1. Upon failure of the owner, aqent, or person in control to complv with the notice
provisions within the time qiven, the building official shall post on the premise or
on defective equipment a placard bearinq the word “Condemned” and a
statement of the penalties provided for occupving the premises, operatinq the
equipment, or removinq the placard.
2. The building official shall remove the condemnation placard whenever the
defect or defects upon which the condemnation and placarding action were
based have been eliminated. Anv person who defaces or removes a
condemnation placard without the approval of the buildinq official shall be subiect
to the penalties provided bv this code.
104.5.3 The owner, agent, or person in control shall have the riqht to appeal from the
decision of the buildinq official, as provided hereinafter, and to appear before the
Construction Board of Adiustment and Appeals pursuant to section 113 of this chapter to
show cause whv he should not complv with said notice, except that an appeal of a notice
for demolition may be made to the circuit court in and for Palm Beach Countv without the
necessitv to appeal to the Construction Board of Adiustments and Appeals.
104.5.4 In case the owner, agent, or person in control cannot be found within the stated
time limit, or if such owner, agent, or person in control shall fail, neglect, or refuse to
complv with notice to repair, rehabilitate, or to demolish and remove said buildinq,
structure, electrical, gas, mechanical, or plumbing svstem or portion thereof, the buildinq
official, after having ascertained the cost, shall cause such buildinq, structure, electrical,
gas, mechanical or plumbinq svstem or portion thereof to be secured or required to
remain vacant or unused.
104.5.5 The decision of the buildinq official shall be final in cases of emergency, which in
the opinion of the buildinq official, involve imminent danger to human life or health or the
propertv of others. He/she shall promptlv cause such building, structure, electrical, gas,
mechanical, or plumbing svstem or portion thereof to be made safe or cause its removal.
For this purpose he/she may at once enter such structure or land on which it stands, or
abutting land or structures, with such assistance and at such cost as he/she may deem
necessary. He/she may order the vacating of adiacent structures and may rewire the
protection of the public bv appropriate fence or such other means as may be necessary,
and for this purpose may close a public or private way.
104.5.6 Costs incurred under 104.5.4 and 104.5.5 shall be charged to the owner of the
premises involved. If charqes are not paid within a ten (IO) dav period following the
billinq notification sent bv certified mail, the owner of the premises will be charged in the
followinq manner:
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1. The building official shall assess the entire cost of such vacation, demolition, or
removal against the real property upon which such cost was incurred, which
assessment shall include, but not be limited to, all administrative costs, postal
expenses, newspaper publication, and shall constitute a lien upon such property
superior to all others except taxes.
2. The buildina official shall file such lien in the public records of Palm Beach
Countv showina the nature of such lien, the amount thereof, and an accurate legal
description of the propertv, including the street address, which lien shall be effective
from the date of filina and recite the names of all persons notified and interested
persons. After three (3) months from the filing of any such lien which remains
unpaid, the citv may foreclose the lien in the same manner as mortgage liens are
foreclosed. Such lien shall bear interest from date of abatement of nuisance at the
rate of 10 percent per annum and shall be enforceable if unsatisfied as other liens
may be enforced bv the citv.
104.6 Requirements not covered by code. Any requirements necessary for the strength,
stability or proper operation of an existing or proposed building, structure, electrical, gas,
mechanical or plumbing system, or for the public safety, health and general welfare, not
specifically covered by this or the other technical codes, shall be determined by the building
official.
104.7 Reserved.
104.8 Reserved.
104.9 Approved materials and equipment.
Materials, equipment and devices approved by the building official shall be constructed and
installed in accordance with such approval.
104.9.1 Used materials and equipment.
The use of used materials which meet the requirements of this code for new materials is
permitted. Used equipment and devices shall not be reused unless approved by the
building official.
104.10
Reserved,
104.1 1 Alternative materials, design and methods of construction and equipment.
The provisions of this code are not intended to prevent the installation of any material or to
prohibit any design or method of construction not specifically prescribed by this code, provided
that any such alternative has been approved. An alternative material, design or method of
construction shall be approved where the building official finds that the proposed design is
satisfactory and complies with the intent of the provisions of this code, and that the material,
method or work offered is, for the purpose intended, at least the equivalent of that prescribed in
this code in quality, strength, effectiveness, fire resistance, durability and safety. When alternate
life safety systems are designed, the SFPE Engineering Guide to Performance-Based Fire
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Protection Analysis and Design of Buildings, or other methods approved by the building official
may be used. The building official shall require that sufficient evidence or proof be submitted to
substantiate any claim made regarding the alternative.
104.11.1 Research reports.
Supporting data, where necessary to assist in the approval of materials or assemblies
not specifically provided for in this code, shall consist of valid research reports from
approved sources .
104.1 1.2 Tests.
Whenever there is insufficient evidence of compliance with the provisions of this code, or
evidence that a material or method does not conform to the requirements of this code, or
in order to substantiate claims for alternative materials or methods, the building official
shall have the authority to require tests as evidence of compliance to be made at no
expense to the jurisdiction. Test methods shall be as specified in this code or by other
recognized test standards. In the absence of recognized and accepted test methods, the
building official shall approve the testing procedures. Tests shall be performed by an
approved agency. Reports of such tests shall be retained by the building official for the
period required for retention of public records.
104.1 1.3 Accessibility.
Alternative designs and technologies for providing access to and usability of a facility for
persons with disabilities shall be in accordance with Section 11.2.2.
SECTION 105
PERMITS
105.1 Required.
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish,
or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair,
remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation
of which is regulated by this code, or to cause any such work to be done, shall first make
application to the building official and obtain the required permit.
105.1.1 Annual facility permit.
In lieu of an individual permit for each alteration to an existing electrical, gas,
mechanical, plumbing or interior nonstructural office system(s), the building official is
authorized to issue an annual permit for any occupancy to facilitate routine or
emergency service, repair, refurbishing, minor renovations of service systems or
manufacturing equipment installations/relocations. The building official shall be notified
of major changes and shall retain the right to make inspections at the facility site as
deemed necessary. An annual facility permit shall be assessed with an annual fee and
shall be valid for one year from date of issuance. A separate permit shall be obtained for
each facility and for each construction trade, as applicable. The permit application shall
contain a general description of the parameters of work intended to be performed during
the year.
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105.1.2 Annual permit records.
The person to whom an annual permit is issued shall keep a detailed record of
alterations made under such annual permit. The building official shall have access to
such records at all reasonable times. The permit holder shall list or identify all work
performed on a form approved by the building official. At the end of the permit validation
period, a copy of the log shall be filed with the building official. The building official is
authorized to revoke or withhold the issuance of the future annual permits if code
violations are found to exist.
105.1.3 Food permit.
As per Section 500.12, Florida Statutes, a food permit from the Department of
Agriculture and Consumer Services is required of any person who operates a food
establishment or retail store.
105.2 Work exempt from permit.
Exemptions from permit requirements of this code shall not be deemed to grant authorization for
any work to be done in any manner in violation of the provisions of this code. Permits shall not
be required for the following:
Building:
1. Building permits are not required for replacement or repair work having value of less
than $1,000.00 at the discretion of the Building Official, providing, however, that such
work will not effect the structural integrity, fire rating, exit access or egress requirements.
Gas:
1.
2.
Mechanical:
1.
2.
3.
4.
5.
6.
7.
Portable heating appliance.
Replacement of any minor part that does not alter approval of equipment or
make such equipment unsafe.
Portable heating appliance.
Portable ventilation equipment.
Portable cooling unit.
Steam, hot or chilled water piping within any heating or cooling equipment
regulated by this code.
Replacement of any part which does not alter its approval or make it unsafe.
Portable evaporative cooler.
Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of
refrigerant and actuated by motors of 1 horsepower (746 W) or less.
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8. The installation, replacement, removal or metering of any load management
control device.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe provided,
however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes
defective and it becomes necessary to remove and replace the same with new material,
such work shall be considered as new work and a permit shall be obtained and
inspection made as provided in this code.
2.
and the removal and reinstallation of water closets, provided such repairs do not involve
or require the replacement or rearrangement of valves, pipes or fixtures.
The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures,
105.2.1 Emergency repairs.
Where equipment replacements and repairs must be performed in an emergency
situation, the permit application shall be submitted within the next working business day
to the building official.
105.2.2 Minor repairs.
Ordinary minor repairs or installation of replacement parts may be made with the prior
approval of the building official without a permit, provided the repairs do not include the
cutting away of any wall, partition or portion thereof, the removal or cutting of any
structural beam or load-bearing support, or the removal or change of any required
means of egress, or rearrangement of parts of a structure affecting the egress
requirements; additionally, ordinary minor repairs shall not include addition to, alteration
of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain
leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical
equipment or other work affecting public health or general safety, and such repairs shall
not violate any of the provisions of the technical codes.
105.2.3
Reserved.
105.3 Application for permit.
To obtain a permit, the applicant shall first file an application therefor in writing on a form
furnished by the building department for that purpose. Permit application forms shall be in the
format prescribed by the building official and must comply with the requirements of Section
71 3.1 35(5) and (6), Florida Statutes.
Each application shall be inscribed with the date of application, and the code in effect as of that
date. For a building permit for which an application is submitted prior to the effective date of the
latest edition of the Florida Building Code, the state minimum building code in effect in the
permitting jurisdiction on the date of the application governs the permitted work for the life of the
permit and any extension granted to the permit.
105.3.1 Action on application.
The building official shall examine or cause to be examined applications for permits and
amendments thereto within a reasonable time after filing. If the application or the
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construction documents do not conform to the requirements of pertinent laws, the
building official shall reject such application in writing, stating the reasons therefor. If the
building official is satisfied that the proposed work conforms to the requirements of this
code and laws and ordinances applicable thereto, the building official shall issue a
permit therefor as soon as practicable. When authorized through contractual agreement
with a school board, in acting on applications for permits, the building official shall give
first priority to any applications for the construction of, or addition or renovation to, any
school or educational facility.
105.3.1.1
If a state university, state community college or public school district elects to use the
City’s code enforcement offices, fees charged by the City for enforcement of the Florida
Building Code on buildings, structures, and facilities of state universities, state colleges,
and public school districts shall not be more than the actual labor and administrative
costs incurred for plans review and inspections to ensure compliance with the code.
105.3.1.2
No permit may be issued for any building construction, erection, alteration, modification,
repair, or addition unless the applicant for such permit provides to the building official
any of the following documents which apply to the construction for which the permit is to
be issued and which shall be prepared by or under the direction of an engineer
registered under Chapter 471, Florida Statutes:
1. Electrical documents for any new building or addition which requires an
aggregate service capacity of 600 amperes (240 volts) or more on a residential
electrical system or 800 amperes (240 volts) or more on a commercial or
industrial electrical system and which costs more than $50,000.
2.
plumbing system with more than 250 fixture units or which costs more than
$50,000.
Plumbing documents for any new building or addition which requires a
3.
fire sprinkler system which contains 50 or more sprinkler heads. A Contractor I,
Contractor II, or Contractor IV, certified under Section 633.521, Florida Statutes,
may design a fire sprinkler system of 49 or fewer heads and may design the
alteration of an existing fire sprinkler system if the alteration consists of the
relocation, addition or deletion of not more than 49 heads, notwithstanding the
size of the existing fire sprinkler system.
Fire sprinkler documents for any new building or addition which includes a
4.
or addition which requires more than a 15-ton-per-system capacity which is
designed to accommodate 100 or more persons or for which the system costs
more than $50,000. This paragraph does not include any document for the
replacement or repair of an existing system in which the work does not require
altering a structural part of the building or for work on a residential one, two, three
or four-family structure.
Heating, ventilation, and air-conditioning documents for any new building
An air-conditioning system may be designed by an installing air-conditioning
contractor certified under Chapter 489, Florida Statutes, to serve any building or
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Draft 09-22-08
addition which is designed to accommodate fewer than 100 persons and requires
an air-conditioning system with a value of $50,000 or less; and when a 15-ton-
per system or less is designed for a singular space of a building and each 15-ton
system or less has an independent duct system. Systems not complying with the
above require design documents that are to be sealed by a professional
engineer.
Example 1: When a space has two 10-ton systems with each having an
independent duct system, the contractor may design these two systems since
each unit (system) is less than 15 tons.
Example 2: Consider a small single-story office building which consists of six
individual offices where each office has a single three-ton package air
conditioning heat pump. The six heat pumps are connected to a single water
cooling tower. The cost of the entire heating, ventilation and air-conditioning work
is $47,000 and the office building accommodates fewer than 100 persons.
Because the six mechanical units are connected to a common water tower this is
considered to be an 18-ton system. It therefore could not be designed by a
mechanical or air conditioning contractor.
NOTE: It was further clarified by the Commission that the limiting criteria of 100
persons and $50,000 apply to the building occupancy load and the cost for the
total air-conditioning system of the building.
5.
building or addition which includes a medical gas, oxygen, steam, vacuum, toxic
air filtration, halon, or fire detection and alarm system which costs more than
$5,000.
Any specialized mechanical, electrical, or plumbing document for any new
Documents requiring an engineer seal by this part shall not be valid unless a
professional engineer who possesses a valid certificate of registration has signed, dated,
and stamped such document as provided in Section 471.025, Florida Statutes.
105.3.2 Time limitation of application.
An application for a permit for any proposed work shall be deemed to have been
abandoned, becoming null and void, 180 days after the date of filing, unless such
application has been pursued in good faith or a permit has been issued; except that the
building official is authorized to grant one or more extensions of time for additional
periods not exceeding 90 days each. The extension shall be requested in writing prior to
the abandonment date and justifiable cause demonstrated.
105.3.3 The City may not issue a building permit for any building construction, erection,
alteration, modification, repair or addition unless the permit either includes on its face or
there is attached to the permit the following statement: “NOTICE: In addition to the
requirements of this permit, there may be additional restrictions applicable to this
property that may be found in the public records of this county, and there may be
additional permits required from other governmental entities such as water management
districts, state agencies, or federal agencies.”
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105.3.4 A building permit for a single-family residential dwelling must be issued within 30
working days of application therefor unless unusual circumstances require a longer time
for processing the application or unless the permit application fails to satisfy the Florida
Building Code or the City’s laws or ordinances.
105.3.5 Identification of minimum premium policy. Except as otherwise provided in
Chapter 440, Florida Statutes, Workers’ Compensation, every employer shall, as a
condition to receiving a building permit, show proof that it has secured compensation for
its employees as provided in Section 440.10 and 440.38, Florida Statutes.
105.3.6 Asbestos removal.
Moving, removal or disposal of asbestos-containing materials on a residential building
where the owner occupies the building, the building is not for sale or lease, and the work
is performed according to the owner-builder limitations provided in this paragraph. To
qualify for exemption under this paragraph, an owner must personally appear and sign
the building permit application. The building department shall provide the person with a
disclosure statement in substantially the following form:
Disclosure Statement: State law requires asbestos abatement to be done by licensed
contractors. You have applied for a permit under an exemption to that law. The
exemption allows you, as the owner of your property, to act as your own asbestos
abatement contractor even though you do not have a license. You must supervise the
construction yourself. You may move, remove or dispose of asbestos-containing
materials on a residential building where you occupy the building and the building is not
for sale or lease, or the building is a farm outbuilding on your property. If you sell or
lease such building within 1 year after the asbestos abatement is complete, the law will
presume that you intended to sell or lease the property at the time the work was done,
which is a violation of this exemption. You may not hire an unlicensed person as your
contractor. Your work must be done according to all local, state and federal laws and
regulations which apply to asbestos abatement projects. It is your responsibility to make
sure that people employed by you have licenses required by state law and by county or
municipal licensing ordinances.
105.3.7 Public right of way. A permit shall not be given by the building official for the
construction of any building, or for the alteration of any building where the building is to
be changed and such change will affect the exterior walls, bays, balconies, or other
appendages or projections fronting on any street, alley or public lane, or for the placing
on any lot or premises of any building or structure removed from another lot or premises,
unless the applicant has made application for right of way permits from the authority
having jurisdiction over the street, alley or public lane.
105.4 Conditions of the permit.
105.4.1 Permit intent.
A permit issued shall be construed to be a license to proceed with the work and not as
authority to violate, cancel, alter or set aside any of the provisions of the technical codes,
nor shall issuance of a permit prevent the building official from thereafter requiring a
correction of errors in plans, construction or violations of this code. Every permit issued
shall become invalid unless the work authorized by such permit is commenced within six
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months after its issuance, or if the work authorized by such permit is suspended or
abandoned for a period of six months after the time the work is commenced.
105.4.1.1
If work has commenced and the permit is revoked, becomes null and void, or
expires because of lack of progress or abandonment, a new permit covering the
proposed construction shall be obtained before proceeding with the work.
105.4.1.2
If a new permit is not obtained within 180 days from the date the initial permit
became null and void, the building official is authorized to require that any work
which has been commenced or completed be removed from the building site.
Alternately, a new permit may be issued on application, providing the work in
place and required to complete the structure meets all applicable regulations in
effect at the time the initial permit became null and void and any regulations
which may have become effective between the date of expiration and the date if
issuance of the new permit.
105.4.1.3
Work shall be considered to be in active progress when the permit has received
an approved inspection within 180 days. This provision shall not be applicable in
case of civil commotion or strike or when the building work is halted due directly
to judicial injunction, order or similar process.
105.4.1.4
The fee for renewal reissuance and extension of a permit shall be set forth by the
City.
105.5 Expiration.. Failure to obtain an approved inspection within 180 days of the previous
approved inspection shall constitute suspension or abandonment. The building official is
authorized to grant, in writing, one or more extensions of time, for periods not more than 90
days each. The extension shall be requested in writing and justifiable cause demonstrated.
Permits issued for the demolition of a structure shall expire sixty (60) days from the date of
issuance. For a justifiable cause, one (1) extension of time for a period not exceeding thirty (30)
days may be allowed. Such request shall be in writing to the building official.
105.6
Reserved.
105.7 Placing of permit. Work requiring a permit shall not commence until the permit
holder or his agent places the permit card and all related documents in a conspicuous
place on the premises. The permit and all related documents shall be protected from
the weather and located in such position as to allow the building official or
representative to conveniently make the required entries thereon. The permit and all
related documents shall be maintained in such position by the permit holder until the
Certificate of Occupancy or Completion is issued by the building official.
105.8 Notice of commencement.
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As per Section 71 3.1 35, Florida Statutes, when any person applies for a building permit, the
authority issuing such permit shall print on the face of each permit card in no less than l&point,
capitalized, boldfaced type: “WARNING TO OWNER: YOUR FAILURE TO RECORD A
NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR
IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING,
CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE
OF COMMENCEMENT.”
105.9 Asbestos.
The City shall require each building permit for the demolition or renovation of an existing
structure to contain an asbestos notification statement which indicates the owner’s or operator’s
responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify
the Department of Environmental Protection of his or her intentions to remove asbestos, when
applicable, in accordance with state and federal law.
105.10 Certificate of protective treatment for prevention of termites.
A weather-resistant job-site posting board shall be provided to receive duplicate treatment
certificates as each required protective treatment is completed, providing a copy for the person
the permit is issued to and another copy for the building permit files. The treatment certificate
shall provide the product used, identity of the applicator, time and date of the treatment, site
location, area treated, chemical used, percent concentration and number of gallons used, to
establish a verifiable record of protective treatment. If the soil chemical barrier method for
termite prevention is used, final exterior treatment shall be completed prior to final building
approval.
105.1 1 Notice of termite protection.
A permanent sign which identifies the termite treatment provider and need for reinspection and
treatment contract renewal shall be provided. The sign shall be posted near the water heater or
electric panel.
105.12 Work starting before permit issuance.
Upon approval of the building official, the scope of work delineated in the building permit
application and plan may be started prior to the final approval and issuance of the permit,
provided any work completed is entirely at risk of the permit applicant and the work does not
proceed past the first required inspection.
105.13 Phased permit approval.
After submittal of the appropriate construction documents, the building official is authorized to
issue a permit for the construction of foundations or any other part of a building or structure
before the construction documents for the whole building or structure have been submitted. The
holder of such permit for the foundation or other parts of a building or structure shall proceed at
the holder’s own risk with the building operation and without assurance that a permit for the
entire structure will be granted. Corrections may be required to meet the requirements of the
technical codes.
105.14 Permit issued on basis of an affidavit.
Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered
by a permit involves installation under conditions which, in the opinion of the building official, are
hazardous or complex, the building official shall require that the architect or engineer who
signed the affidavit or prepared the drawings or computations shall supervise such work. In
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addition, they shall be responsible for conformity to the permit, provide copies of inspection
reports as inspections are performed, and upon completion make and file with the building
official written affidavit that the work has been done in conformity to the reviewed plans and with
the structural provisions of the technical codes. In the event such architect or engineer is not
available, the owner shall employ in his stead a competent person or agency whose
qualifications are reviewed by the building official. The building official shall ensure that any
person conducting plans review is qualified as a plans examiner under Part XI1 of Chapter 468,
Florida Statutes, and that any person conducting inspections is qualified as a building inspector
under Part Ill of Chapter 468, Florida Statutes. Nothing aforesaid shall preclude plan review or
inspections by the building official.
SECTION 106
CONSTRUCTION DOCUMENTS
106.1 Submittal documents.
Construction documents, special inspection and structural observation programs, and other data
shall be submitted in one or more sets with each application for a permit. The construction
documents shall be prepared by a design professional where required by the statutes. Where
special conditions exist, the building official is authorized to require additional construction
documents to be prepared by a design professional.
Exception: The building official is authorized to waive the submission of construction
documents and other data not required to be prepared by a registered design
professional if it is found that the nature of the work applied for is such that review of
construction documents is not necessary to obtain compliance with this code.
If the design professional is an architect legally registered under the laws of this state regulating
the practice of architecture as provided for in Chapter 481, Florida Statutes, Part I and Rule
61 G1, Florida Administrative Code, or engineering as provided for in Chapter 471, Florida
Statutes and Rule 61G15, Florida Administrative Code, then he or she shall affix his or her
official seal, original signature and date to said drawings, specifications and accompanying data,
as required by Florida Statute. If the design professional is a landscape architect registered
under the laws of this state regulating the practice of landscape architecture as provided for in
Chapter 481, Florida Statutes, Part II, then he or she shall affix his or her seal, original signature
and date to said drawings, specifications and accompanying data as defined in Section
481.303(6)(a)(b)(c)(d), Florida Statutes and Rule 61 G10, Florida Administrative Code.
106.1 .I Information on construction documents.
Construction documents shall be dimensioned and drawn upon suitable material.
Electronic media documents are permitted to be submitted when approved by the
building official. Construction documents shall be of sufficient clarity to indicate the
location, nature and extent of the work proposed and show in detail that it will conform to
the provisions of this code and relevant laws, ordinances, rules and regulations, as
determined by the building official (see also Section 106.3.5).
106.1.1 .I Fire protection system shop drawings.
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Shop drawings for the fire protection system(s) shall be submitted to indicate
conformance with this code and the construction documents and shall be
approved prior to the start of system installation. Shop drawings shall contain all
information as required by the referenced installation standards in Chapter 9.
106.1.1.2
For roof assemblies required by the code, the construction documents shall
illustrate, describe, and delineate the type of roofing system, materials, fastening
requirements, flashing requirements and wind resistance rating that are required
to be installed. Product evaluation and installation shall indicate compliance with
the wind criteria required for the specific site or a statement by an architect or
engineer for the specific site must be submitted with the construction documents.
106.1.2 Additional data. The building official may require details, computations, stress
diagrams, and other data necessary to describe the construction or installation and the
basis of calculations. All drawings, specifications and accompanying data required by
the building official to be prepared by an architect or engineer shall be affixed with an
official seal, signature and date as state law requires.
106.1.3 Quality of building plans. The building official may establish through
departmental policy, standards for plans and specifications, in order to provide
conformity to its record retention program. This policy may include such things as
minimum size, shape, format, contrast, clarity, or other items related to records
management.
106.1.4 Hazardous occupancies. The building official may require the following:
1. General site plan. A general site plan drawn at a legible scale which shall
include, but not be limited to, the location of all buildings, exterior storage
facilities, permanent access ways, evacuation routes, parking lots, internal roads,
chemical loading areas, equipment cleaning areas, storm and sanitary sewer
accesses, emergency equipment and adjacent property uses. The exterior
storage areas shall be identified with the hazard classes and the maximum
quantities per hazard class of hazardous materials stored.
2. Building floor plan. A building floor plan drawn to a legible scale, which shall
include, but not be limited to, all hazardous materials storage facilities within the
building and shall indicate rooms, doorways, corridors, exits, fire rated
assemblies with their hourly rating, location of liquid tight rooms, and evacuation
routes. Each hazardous materials storage facility shall be identified on the plan
with the hazard classes and quantity range per hazard class of the hazardous
materials stored.
106.2
Reserved.
106.3 Examination of documents.
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The building official shall examine or cause to be examined the accompanying construction
documents and shall ascertain by such examinations whether the construction indicated and
described is in accordance with the requirements of this code and other pertinent laws or
ordinances.
Exceptions:
1.
and state-approved manufactured buildings are exempt from local codes
enforcing agency plan reviews except for provisions of the code relating to
erection, assembly or construction at the site. Erection, assembly (excluding
utility crossover connections) and construction at the site are subject to local
permitting and inspections.
Building plans approved pursuant to Section 553.77(5), Florida Statutes,
2.
are supervised by licensed design and inspection professionals and which
contain adequate in-house fire departments and rescue squads is exempt,
subject to approval of the building official, from review of plans and inspections,
providing the appropriate licensed design and inspection professionals certify
that applicable codes and standards have been met and supply appropriate
approved drawings to local building and fire-safety inspectors.
Industrial construction on sites where design, construction and fire safety
106.3.1 Approval of construction documents.
When the building official issues a permit, the construction documents shall be
approved, in writing or by stamp, as “Reviewed for Code Compliance.” One set of
construction documents so reviewed shall be retained by the building official. The other
set shall be returned to the applicant, shall be kept at the site of work and shall be open
to inspection by the building official or a duly authorized representative.
106.3.2 Previous approvals.
This code shall not require changes in the construction documents, construction or
designated occupancy of a structure for which a lawful permit has been heretofore
issued or otherwise lawfully authorized, and the construction of which has been pursued
in good faith within 180 days after the effective date of this code and has not been
abandoned.
106.3.3 Product approvals. Those products which are regulated by Rule 9B-
72, Florida Administrative Code, shall be reviewed and approved in writing by the
designer of record prior to submittal for City approval.
106.3.4 Reserved
106.3.4.1 Reserved
106.3.4.2 Reserved.
106.3.4.3
Certifications by contractors authorized under the provisions of Section
489.1 15(4)(b), Florida Statutes, shall be considered equivalent to sealed plans
and specifications by a person licensed under Chapter 471, Florida Statutes, or
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Chapter 481, Florida Statutes, by the City for plans review for permitting
purposes relating to compliance with the wind-resistance provisions of the code
or alternate methodologies approved by the Florida Building Commission for one-
and two-family dwellings. The City may rely upon such certification by contractors
that the plans and specifications submitted conform to the requirements of the
code for wind resistance. Upon good cause shown, the building official may
accept or reject plans sealed by persons licensed under Chapters 471,481 or
489, Florida Statutes.
106.3.5 Minimum plan review criteria for buildings.
The examination of the documents by the building official shall include the following
minimum criteria and documents: a floor plan; site plan; foundation plan; floorlroof
framing plan or truss layout; and all exterior elevations:
106.3.5.1 Commercial Buildings:
106.3.5.1.1 Building
1. Site requirements:
Parking
Fire access
Vehicle loading
Drivingkurning radius
Fire hydranvwater supply/post indicator valve (PIV)
Set backlseparation (assumed property lines)
Location of specific tanks, water lines and sewer lines
2. Occupancy group and special occupancy requirements shall be
determined.
3. Minimum type of construction shall be determined (see Table
503).
4. Fire-resistant construction requirements shall include the following
components:
Fire-resistant separations
Fire-resistant protection for type of construction
Protection of openings and penetrations of rated walls
Fire blocking and draftstopping and calculated fire
resistance
5. Fire suppression systems shall include:
Early warning smoke evacuation systems
Schematic fire sprinklers
Standpipes
Preengineered systems
Riser diagram
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6. Life safety systems shall be determined and shall include the
following requirements:
Occupant load and egress capacities
Early warning
Smoke control
Stair pressurization
Systems schematic
7. Occupancy load/egress requirements shall include:
Occupancy load
Gross
Net
Means of egress
Exit access
Exit
Exit discharge
Stairs construction/geometry and protection
Doors
Emergency lighting and exit signs
Specific occupancy requirements
Construction requirements
Horizontal exitslexit passageways
8. Structural requirements shall include:
Soil conditions/analysis
Termite protection
Design loads
Wind requirements
Building envelope
Structural calculations (if required)
Foundation
Wall systems
Floor systems
Roof systems
Threshold inspection plan
Stair systems
9. Materials shall be reviewed and shall at a minimum include the
following:
Wood
Steel
Aluminum
Concrete
Plastic
Glass
Masonry
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Gypsum board and plaster
Insulating (mechanical)
Roofing
Insulation
10.
11.
12.
13.
Accessibility requirements shall include the
following:
Site requirements
Accessible route
Vertical accessibility
Toilet and bathing facilitiesDrinking fountains
Equipment
Special occupancy requirements
Fair housing requirements
Interior requirements shall include the following:
Interior finishes (flame spread/smoke development)
Light and ventilation
Sanitation
Special systems:
Elevators
Escalators
Lifts
Swimming pools:
Barrier requirements
Spas
Wading pools
106.3.5.1.2 Electrical
1. Electrical:
Wiring
Services
Feeders and branch circuits
Overcurrent protection
Grounding
Wiring methods and materials
GFCls
2. Equipment
3. Special occupancies
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4. Emergency systems
5. Communication systems
6. Low voltage
7. Load calculations
106.3.5.1.3 Plumbing
1.
2.
3.
4.
5.
6.
7.
8.
9.
IO.
11.
12.
13.
Minimum plumbing facilities
Fixture requirements
Water supply piping
Sanitary drainage
Water heaters
Vents
Roof drainage
Back flow prevention
Irrigation
Location of water supply line
Grease traps
Environmental requirements
Plumbing riser
106.3.5.1.4 Mechanical
1. Energy calculations
2. Exhaust systems:
Clothes dryer exhaust
Kitchen equipment exhaust
Specialty exhaust systems
3. Equipment
4. Equipment location
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Draft 09-22-08
5.
6.
7.
8.
9.
IO.
11.
12.
13.
14.
15.
Make-up air
Roof-mounted equipment
Duct systems
Ventilation
Combustion air
Chimneys, fireplaces and vents
Appliances
Boilers
Refrigeration
Bathroom ventilation
Laboratory
106.3.5.2 Gas
1.
2.
3.
4.
5.
6.
7.
8.
9.
Gas piping
Venting
Combustion air
Chimneys and vents
Appliances
Type of gas
Fireplaces
LP tank location
Riser diagram/shutoffs
106.3.5.3 Demolition
1. Asbestos removal
106.3.5.4 Residential (one- and two-family)
1. Site requirements
29
2.
3.
4.
5.
6.
7.
0.
9.
Set backlseparation (assumed property lines)
Location of septic tanks
Fire-resistant construction (if required)
Smoke detector locations
Egress
Egress window size and location stairs construction requirements
Structural requirements shall include:
Wall section from foundation through roof, including assembly and
materials connector tables wind requirements structural
calculations (if required)
Accessibility requirements: showhdentify accessible bath
Electrical:
Electric service riser with wire sizes, conduit detail and grounding
detail.
Complete load calculations, Panel schedules
Mechanical
Energy calculations,. Equipment and location, Duct systems
Plumbing
Plumbing riser
106.3.5.5 Manufactured I Mobile Homes
1. Site requirements
setbackheparation (assumed property lines)
location of septic tanks (if applicable)
2. Structural
wind zone
anchoring
blocking
3. Plumbing
List potable water source and meter size (if applicable)
4. Mechanical
Exhaust systems
clothes dryer exhaust
kitchen equipment exhaust
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5. Electrical
exterior disconnect location
106.3.5.6 Swimming pools:
1. Barrier requirements, Spas, Wading pools
106.3.5.7 Exemptions.
Plans examination by the building official shall not be required for the
following work:
1.
2.
Replacing existing equipment such as mechanical units, water
heaters, etc.
Reroofs except as required by FS 553.844 and Rule 98-3.0475
3. Minor electrical, plumbing and mechanical repairs
Annual maintenance permits
5. Prototype plans
Except for local site adaptations, siding, foundations and/or
modifications.
Except for structures that require waiver.
6. Manufactured buildings plan except for foundations and
modifications of buildings on site.
106.4 Amended construction documents.
Work shall be installed in accordance with the reviewed construction documents, and any
changes made during construction that are not in compliance with the reviewed construction
documents shall be resubmitted for approval as an amended set of construction documents.
106.5 Retention of construction documents.
One set of approved construction documents shall be retained by the building official for a
period of not less than 180 days from date of completion of the permitted work, or as required
by Florida Statutes.
106.6 Affidavits.
The building official may accept a sworn affidavit from a registered architect or engineer stating
that the plans submitted conform to the technical codes. For buildings and structures, the
affidavit shall state that the plans conform to the laws as to egress, type of construction and
general arrangement and, if accompanied by drawings, show the structural design and that the
plans and design conform to the requirements of the technical codes as to strength, stresses,
strains, loads and stability. The building official may without any examination or inspection
accept such affidavit, provided the architect or engineer who made such affidavit agrees to
submit to the building official copies of inspection reports as inspections are performed and
upon completion of the structure, electrical, gas, mechanical or plumbing systems a certification
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that the structure, electrical, gas, mechanical or plumbing system has been erected in
accordance with the requirements of the technical codes. Where the building official relies upon
such affidavit, the architect or engineer shall assume full responsibility for compliance with all
provisions of the technical codes and other pertinent laws or ordinances. The building official
shall ensure that any person conducting plans review is qualified as a plans examiner under
Part XI1 of Chapter 468, Florida Statutes, and that any person conducting inspections is
qualified as a building inspector under Part XI1 of Chapter 468, Florida Statutes.
SECTION 107
TEMPORARY STRUCTURES AND USES
107.1 General.
The building official is authorized to issue a permit for temporary structures and temporary uses.
For the purposes of building code requirements, such permits shall be limited as to time of
service, but shall not be permitted for more than 180 days. The building official is authorized to
grant extensions for demonstrated cause.
107.2 Conformance.
Temporary structures and uses shall conform to the structural strength, fire safety, means of
egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to
ensure the public health, safety and general welfare.
107.3 Temporary power.
The building official is authorized to give permission to temporarily supply and use power in part
of an electric installation before such installation has been fully completed and the final
certificate of completion has been issued. The part covered by the temporary certificate shall
comply with the requirements specified for temporary lighting, heat or power in Chapter 27 of
the Florida Building Code, Building.
107.4 Termination of approval.
The building official is authorized to terminate such permit for a temporary structure or use and
to order the temporary structure or use to be discontinued.
SECTION 108
FEES
108.1 Prescribed fees.
A permit shall not be issued until fees authorized under Section 553.80, Florida Statutes, have
been paid. Nor shall an amendment to a permit be released until the additional fee, if any, due
to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical
or gas systems, has been paid.
108.2 Schedule of permit fees.
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On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations
requiring a permit, a fee for each permit shall be paid as required, in accordance with the
schedule as established by the City.
108.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following:
Permits;
Plans examination;
Certificates of competency (including fees for applications, examinations, renewal, late
Re-inspections;
Variance requests;
Administrative appeals;
Violations; and
Other fees as established by local ordinance.
renewal, and reciprocity);
108.3Building permit valuation. If, in the opinion of the building official, the claimed valuation
of building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be
underestimated on the application, the permit shall be denied, unless the applicant can show
detailed estimates, andlor bona fide signed contracts (excluding land value) to meet the
approval of the building official. For permitting purposes, valuation of buildings and systems
shall be total replacement value to include structural, electric, plumbing, mechanical, interior
finish, normal site work (excavation and backfill for buildings), architectural and design fees,
marketing costs, overhead and profit; excluding only land value. Valuation references may
include the latest published date of national construction cost analysis services (Marshall-Swift,
Means, etc.) or as published by International Code Congress bi-annually.
108.4 Work commencing before permit issuance.
Any person who commences any work on a building, structure, electrical, gas, mechanical or
plumbing system before obtaining the building official’s approval or the necessary permits shall
be subject to a penalty of 300 percent of the usual permit fee in addition to the required permit
fees or as provided by City ordinance. This provision shall not apply to emergency work when
delay would clearly have placed life or property in imminent danger. But in all such cases the
required permit(s) must be applied for within three (3) business days and any unreasonable
delay in obtaining those permit(s) shall result in the charge of a double fee. The payment of a
double fee shall not preclude or be deemed a substitute for prosecution for commencing work
without first obtaining a permit. The building official may grant extensions of time or waive fees
when justifiable cause has been demonstrated in writing.
108.5 Reserved.
108.6 Reserved.
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SECTION 109
INSPECTIONS
109.1 General.
Construction or work for which a permit is required shall be subject to inspection by the building
official and such construction or work shall remain accessible and exposed for inspection
purposes until approved. Approval as a result of an inspection shall not be construed to be an
approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.
Inspections presuming to give authority to violate or cancel the provisions of this code or of
other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant
to cause the work to remain accessible and exposed for inspection purposes. The building
official shall be permitted to require a boundary line survey prepared by a qualified surveyor
whenever the boundary lines cannot be readily determined in the field. Neither the building
official nor the City shall be liable for expense entailed in the removal or replacement of any
material required to allow inspection.
109.1.1 Manufacturers and fabricators. When deemed necessary by the building
official, he shall make, or cause to be made, an inspection of materials or assemblies at
the point of manufacture or fabrication. A record shall be made of every such
examination and inspection and of all violations of the technical codes.
109.1.2 Inspection service. The building official may make, or cause to be made, the
inspections required by section 109. He or she may accept reports of department
inspectors, independent inspectors or of recognized inspection services, provided that
after investigation helshe is satisfied as to their licensure, qualifications and reliability. A
certificate required by any provision of this code shall not be based on such reports
unless the same are recorded by the building code inspector or the architect or engineer
performing building code inspections in a manner specified by the building official. The
building official shall ensure that all persons making such inspections shall be certified in
accordance to Chapter 468, Florida Statues.
109.2 Preliminary inspection.
Before issuing a permit, the building official is authorized to examine or cause to be examined
buildings, structures and sites for which an application has been filed.
109.3 Required inspections.
The building official upon notification from the permit holder or his or her agent shall make the
following inspections, and such other inspections as deemed necessary, and shall either
release that portion of the construction or shall notify the permit holder or his or her agent of any
violations which must be corrected in order to comply with the technical codes. The building
official shall determine the timing and sequencing of when inspections occur and what elements
are inspected at each inspection.
Building
1. Foundation inspection. To be made after trenches are excavated and forms erected and
shall at a minimum include the following building components:
Stem-wall
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-Monolithic slab-on-grade
-Piling/pile caps
-Footers/grade beams
1 .I Slab Inspection: To be made after the reinforcement is in place, all concealed
conduit, piping, ducts and vents are installed and the electrical, plumbing and
mechanical work is complete. Slab shall not be poured until all required inspections have
been made and passed.
1.2 A foucdation/Form board survey prepared and certified by a registered surveyor
shall be required for all new construction prior to approval of the slab inspection. The
survey shall certify placement of the building on the site, illustrate all surrounding
setback dimensions and shall be available at the job site for review by the building
inspector. In lieu of providing a survey, the contractor may elect to uncover all property
line markers and string-up all property lines in preparation for inspection.
2. Framing inspection. To be made after the roof, all framing, fireblocking and bracing is in
place, all concealing wiring, all pipes, chimneys, ducts and vents are complete and shall
at a minimum include the following building components:
.Window/door framing and installation
.Vertical cells/columns
.Lintelhie beams
-Framing/trusses/bracing/connectors (including truss layout & Engineered
drawings)
.Draft stopping/fire blocking
Curtain wall framing
.Energy insulation
.Accessibility .
2.1. Insulation Inspection: To be made after the framing inspection is approved and the
insulation is in place.
2.2 -Gypsum board nailing inspection
3. Sheathing inspection. To be made either as part of a dry-in inspection or done
separately at the request of the contractor after all roof and wall sheathing and fasteners
are complete and shall at a minimum include the following building components:
.Roof sheathing
.Wall sheathing
.Sheathing fasteners
Roof/wall d ry-in .
Sheathingkladding inspection
Window/door buck attachment
NOTE: Sheathing fasteners installed and found to be missing the structural
member (shiners) shall be removed and properly reinstalled prior to installa.,m of
the dry-in material.
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4.
include the following building components:
Roofing inspection. To be made in at least two inspections and shall at a minimum
.Dry-in
.Insulation
-Roof coverings (including In Progress)
.Flashing
5. Final inspection. To be made after the building is completed and ready for occupancy.
6. Swimming pool inspection.
First inspection to be made after excavation and installation of reinforcing steel, bonding
and main drain and prior to placing of concrete shell.
Underground electric inspection.
Underground plumbing inspection including a pressure test.
Deck inspection: to be made prior to installation of the deck material (with forms,
deckdrains, and any reinforcement in place)
Final inspection to be made when the swimming pool is complete and all required
enclosure requirements are in place.
In order to pass final inspection and receive a certificate of completion, a residential
swimming pool must meet the requirements relating to pool safety features as described
in Section 424.2.1 7.
7. Demolition inspections. First inspection to be made after all utility connections have been
disconnected and secured in such manner that no unsafe or unsanitary conditions shall
exist during or after demolition operations.
Final inspection to be made after all demolition work is completed.
8. Manufactured building inspections. The building department shall inspect construction of
foundations; connecting buildings to foundations; installation of parts identified on plans
as site installed items, joining the modules, including utility crossovers; utility
connections from the building to utility lines on site; and any other work done on site
which requires compliance with the Florida Building Code. Additional inspections may be
required for public educational facilities (see Section 423.27.20).
Electrical
1. Underground inspection. To be made after trenches or ditches are excavated, conduit or
cable installed, and before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in
place and prior to the installation of wall or ceiling membranes.
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3. Final inspection. To be made after the building is complete, all required electrical fixtures
are in place and properly connected or protected, and the structure is ready for
occupancy.
Plumbing
1. Underground inspection. To be made after trenches or ditches are excavated, piping
installed, and before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in
place and all soil, waste and vent piping is complete, and prior to this installation of wall
or ceiling membranes.
3. Final inspection. To be made after the building is complete, all plumbing fixtures are in
place and properly connected, and the structure is ready for occupancy.
Note: See Section P312 of the Florida Building Code, Plumbing for required tests.
Mechanical
1.
2.
3.
Gas
1.
2.
3.
Underground inspection. To be made after trenches or ditches are excavated,
underground duct and fuel piping installed, and before any backfill is put in place.
Rough-in inspection. To be made after the roof, framing, fire blocking and bracing are in
place and all ducting, and other concealed components are complete, and prior to the
installation of wall or ceiling membranes.
Final inspection. To be made after the building is complete, the mechanical system is in
place and properly connected, and the structure is ready for occupancy.
Rough piping inspection. To be made after all new piping authorized by the permit has
been installed, and before any such piping has been covered or concealed or any
fixtures or gas appliances have been connected.
Final piping inspection. To be made after all piping authorized by the permit has been
installed and after all portions which are to be concealed by plastering or otherwise have
been so concealed, and before any fixtures or gas appliances have been connected.
This inspection shall include a pressure test.
Final inspection. To be made on all new gas work authorized by the permit and such
portions of existing systems as may be affected by new work or any changes, to ensure
compliance with all the requirements of this code and to assure that the installation and
construction of the gas system is in accordance with reviewed plans.
Site Debris
1. The contractor and/or owner of any active or inactive construction project shall be responsible
for the clean-up and removal of all construction debris or any other miscellaneous discarded
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articles prior to receiving final inspection approval. Construction job sites must be kept clean,
such that accumulation of construction debris must not remain on the property for a period of
time exceeding 14 days.
2. All debris shall be kept in such a manner as to prevent it from being spread by any means.
109.3.1 Written release. Work shall not be done on any part of a building, structure,
electrical, gas, mechanical or plumbing system beyond the point indicated in each
successive inspection without first obtaining a written release from the building official.
Such written release shall be given only after an inspection has been made of each
successive step in the construction or installation as indicated by each of the foregoing
inspections.
109.3.2 Reserved.
109.3.3 Reinforcing steel and structural frames.
Reinforcing steel or structural frame work of any part of any building or structure shall
not be covered or concealed without first obtaining a release from the building official.
Certification that field welding and structural bolted connections meet design
requirements shall be submitted to the building official, upon request.
109.3.4 Termites.
Building components and building surroundings required to be protected from termite
damage in accordance with Section 1503.6, Section 2304.1 3 or Section 2304.1 1.6,
specifically required to be inspected for termites in accordance with Section 21 14, or
required to have chemical soil treatment in accordance with Section 1816 shall not be
covered or concealed until the release from the building official has been received.
109.3.5 Shoring.
For threshold buildings, shoring and associated formwork or false work shall be
designed and inspected by a Florida licensed professional engineer, employed by the
permit holder or subcontractor, prior to any required mandatory inspections by the
threshold building inspector.
109.3.6 Threshold building.
109.3.6.1 The enforcing agency shall require a special inspector to perform
structural inspections on a threshold building pursuant to a structural inspection
plan prepared by the engineer or architect of record. The structural inspection
plan must be submitted to the building department prior to the issuance of a
building permit for the construction of a threshold building. The purpose of the
structural inspection plans is to provide specific inspection procedures and
schedules so that the building can be adequately inspected for compliance with
the permitted documents.
109.3.6.2 The special inspector shall inspect the shoring and reshoring for
conformance to the shoring and reshoring plans submitted to the building
department. A fee simple title owner of a building which does not meet the
minimum size, height, occupancy, occupancy classification or number-of-stories
criteria which would result in classification as a threshold building under Section
553.71 (7), Florida Statutes, may designate such building as a threshold building,
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subject to more than the minimum number of inspections required by the Florida
Building Code, Building.
109.3.6.3 The fee owner of a threshold building shall select and pay all costs of
employing a special inspector, but the special inspector shall be responsible to
the building department. The inspector shall be a person certified, licensed or
registered under Chapter 471, Florida Statutes, as an engineer or under Chapter
481, Florida Statutes, as an architect.
109.3.6.4 The City shall require that, on every threshold building:
109.3.6.4.1 The special inspector, upon completion of the building and
prior to the issuance of a certificate of occupancy, file a signed and
sealed statement with the enforcement agency in substantially the
following form: “To the best of my knowledge and belief, the above
described construction of all structural load-bearing components complies
with the permitted documents, and the shoring and reshoring conforms to
the shoring and reshoring plans submitted to the enforcement agency.”
109.3.6.4.2 Any proposal to install an alternate structural product or
system to which building codes apply be submitted to the building
department for review for compliance with the codes and made part of the
building department’s recorded set of permit documents.
109.3.6.4.3 All shoring and reshoring procedures, plans and details be
submitted to the enforcement agency for recordkeeping. Each shoring
and reshoring installation shall be supervised, inspected and certified to
be in compliance with the shoring documents by the contractor.
109.3.6.4.4 All plans for the building which are required to be signed and
sealed by the architect or engineer of record contain a statement that, to
the best of the architect’s or engineer’s knowledge, the plans and
specifications comply with the applicable minimum building codes and the
applicable fire-safety standards as determined by the local authority in
accordance with this section and Chapter 633, Florida Statutes.
109.3.6.5 The building department may not issue a building permit for
construction of any threshold building except to a licensed general contractor, as
defined in Section 489.105(3)(a), Florida Statutes, or to a licensed building
contractor, as defined in Section 489.105(3)(b), Florida Statutes, within the scope
of her or his license. The named contractor to whom the building permit is issued
shall have the responsibility for supervision, direction, management and control
of the construction activities on the project for which the building permit was
issued.
109.3.6.6 The building department may allow a special inspector to conduct the
minimum structural inspection of threshold buildings required by this code,
Section 553.73, Florida Statutes, without duplicative inspection by the building
department. The building official is responsible for ensuring that any person
conducting inspections is qualified as a building inspector under Part XI1 of
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Chapter 468, Florida Statutes, or certified as a special inspector under Chapter
471 or 481 , Florida Statutes. Inspections of threshold buildings required by
Section 553.79(5), Florida Statutes, are in addition to the minimum inspections
required by this code.
109.3.7 Other inspection services. The building official may make, or cause to be
made by others, the inspections required by Section 109. He/she may accept
reports of inspectors of recognized inspection services, provided that after
investigation he/she is satisfied as to their qualifications and reliability. A certificate
called for by any provision of the technical codes shall not be based on such reports
unless the same are in writing and certified by a responsible officer of such service.
The building official may require the owner to employ an inspection service in the
following instances:
1. For buildings or additions of Type I or Type II construction
2. For all major structural alterations
3. Where the concrete design is based on compressive strength (f 'c) in excess of
3000 pounds per square inch
4. For pile driving
5. For buildings with area greater than 20,000 square foot
6. For buildings more than 2 stories in height
7. For buildings and structures of unusual design or methods of construction
Such inspectors shall be adequately present at times work is underway on the
structural elements of the building. Such inspectors shall be a registered architect, or
engineer, or a person licensed under Chapter 468, Part XII, Florida Statutes. Such
inspectors shall submit weekly progress reports including the daily inspections to the
building official, and including a code compliance opinion of the resident inspector.
At the completion of the construction work or project, such inspectors shall submit a
certificate of compliance to the building official, stating that the work was done in
compliance with this code and in accordance with the permitted drawing. Final
inspection shall be made by the building official before a Certificate of Occupancy or
Certificate of Completion is issued; and confirmation inspections may be made at any time to
monitor activities and resident inspectors.
109.3.8 Plaster fire protection. In all buildings where plaster is used for fire
protection purposes, the permit holder or his agent shall notify the building official
after all lathing and backing is in place. Plaster shall not be applied until the release
from the building official has been received..
109.3.9 Fire resistant joints and penetrations. The protection of joints and penetrations in
required fire resistant construction assemblies shall not be covered or concealed from view
without first obtaining a release from the building official.
109.3.10 Impact of construction All construction activity regulated by this code shall be
performed in a manner so as not to adversely impact the condition of adjacent property. This
includes, but is not limited to, the control of dust, noise, water or drainage run-offs, debris, and
the storage of construction materials. New construction activity shall not adversely impact legal
historic surface water drainage flows serving adjacent properties, and may require special
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drainage design complying with engineering standards to preserve the positive drainage
patterns of the affected sites. Accordingly, developers, contractors and owners of all new
residential development, including additions, pools, patios, driveways, decks or similar items, on
existing properties resulting in a significant decrease of permeable land area on any parcel or
has altered the,drainage flow on the developed property shall, as a permit condition, provide a
professionally prepared drainage plan clearly indicating compliance with this paragraph. Upon
completion of the improvement, a certification from a licensed engineer shall be submitted to the
inspector in order to receive approval of the final inspection..
109.4 Inspections prior to issuance of Certificate of Occupancy or Completion.
The building official shall inspect or cause to be inspected, at various intervals, all
construction or work for which a permit is required, and a final inspection shall be made
of every building, structure, electrical, gas, mechanical or plumbing system upon
completion, prior to the issuance of the Certificate of Occupancy or Certificate of
Completion. In performing inspections, the building official shall give first priority to
inspections of the construction, addition, or renovation to, any facilities owned or
controlled by a state university, state community college or public school district.
109.5 Inspection requests.
It shall be the duty of the holder of the building permit or its duly authorized agent to notify the
building official when work is ready for inspection. It shall be the duty of the permit holder to
provide access to and means for inspections of such work that are required by this code.
109.6 Approval required.
Work shall not be done beyond the point indicated in each successive inspection without first
obtaining the approval of the building official. The building official, upon notification, shall make
the requested inspections and shall either indicate the portion of the construction that is
satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails
to comply with this code. Any portions that do not comply shall be corrected and such portion
shall not be covered or concealed until authorized by the building official.
SECTION 110
CERTIFICATE OF OCCUPANCY
110.1 Use and occupancy.
110.1.1 Building occupancy No building or structure shall be used or occupied, and no
change in the existing occupancy classification of a building or structure or portion
thereof shall be made until the building official has issued a certificate of occupancy
therefor as provided herein. Issuance of a certificate of occupancy shall not be construed
as an approval of a violation of the provisions of this code or of other ordinances of the
jurisdiction.
110.1.2 Certificate issued.
After the building official inspects the building or structure and finds no violations of the
provisions of this code or other laws that are enforced by the building department, the
building official shall issue a certificate of occupancy that contains the following:
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Draft 09-22-08
1.
2.
3.
4.
5.
6.
7.
0.
9.
IO.
11.
12.
The building permit number.
The address of the structure.
The name and address of the owner.
A description of that portion of the structure for which the certificate is issued.
A statement that the described portion of the structure has been inspected ior
compliance with the requirements of this code for the occupancy and division of
occupancy and the use for which the proposed occupancy is classified.
The name of the building official.
The edition of the code under which the permit was issued.
The use and occupancy, in accordance with the provisions of Chapter 3.
The type of construction as defined in Chapter 6.
The design occupant load.
If an automatic sprinkler system is provided, whether the sprinkler system is
required.
Any special stipulations and conditions of the building permit.
110.1.2.1 Digital Drawings The building official is authorized to require the
submittal of digital “as-built” drawings, in a format acceptable to the City GIS
Manager, for all modified commercial occupancies, subsequent to the final
inspection, in order to assist emergency services responders at the site in the
event of an emergency situation. The building official is further authorized to
withhold release of any certificate of completion or certificate of occupancy for
commercial facilities until such digital images are on file.
110.1.3 Temporary occupancy.
The building official is authorized to issue a temporary certificate of occupancy before
the completion of the entire work covered by the permit, provided that such portion or
portions shall be occupied safely. The building official shall set a time period during
which the temporary certificate of occupancy is valid. The building official may require a
cash surety be provided for 110% of the value of the remaining work outstanding based
upon the estimation of value of the design professional. The City retains the right to have
the applicant surrender the cash surety which then may be utilized to complete the
remaining work. The surety may be returned to the applicant upon approval of all
required final inspections, and upon written request, pending the approval of the building
official.
110.2 Certificate of Completion. Upon satisfactory completion of a building, structure,
electrical, gas, mechanical or plumbing system, a Certificate of Completion may be issued. This
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certificate is proof that a structure or system is complete and for certain types of permits is
released for use and may be connected to a utility system. This certificate does not grant
authority to occupy or connect a building, such as a shell building, prior to the issuance of a
Certificate of Occupancy.
110.3 Posting floor loads
110.3.1 Occupancy. An existing or new building shall not be occupied for any purpose
that will cause the floors thereof to be loaded beyond their safe capacity.
The building official may permit occupancy of a building for mercantile, commercial or
industrial purposes, by a specific business, when he/she is satisfied that such capacity
will not thereby be exceeded.
11 0.3.2 Storage and factory-industrial occupancies. It shall be the responsibility of
the owner, agent, proprietor or occupant of Group S and Group F occupancies, or any
occupancy where excessive floor loading is likely to occur, to employ a competent
architect or engineer in computing the safe load capacity. All such computations shall be
accompanied by an affidavit from the architect or engineer stating the safe allowable
floor load on each floor in pounds per square foot uniformly distributed. The
computations and affidavit shall be filed as a permanent record of the building division.
110.3.3 Signs required. In every building or part of a building used for storage,
industrial or hazardous purposes, the safe floor loads, as reviewed by the building official
on the plan, shall be marked on plates of approved design which shall be supplied and
securely affixed by the owner of the building in a conspicuous place in each story to
which they relate. Such plates shall not be removed or defaced, and if lost, removed or
defaced, shall be replaced by the owner of the building.
110.4 Revocation.
The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or
completion issued under the provisions of this code wherever the certificate is issued in error, or
on the basis of incorrect information supplied, or where it is determined that the building or
structure or portion thereof is in violation of any ordinance or regulation or any of the provisions
of this code.
SECTION 1 I1
SERVICE UTILITIES
11 1.1 Connection of service utilities.
No person shall make connections from a utility, source of energy, fuel or power to any building
or system that is regulated by this code for which a permit is required, until released by the
building official.
11 1.2 Temporary connection.
The building official shall have the authority to authorize the temporary connection of the
building or system to the utility source of energy, fuel or power for the purpose of testing building
service systems or for use under a temporary Certificate of Occupancy.
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11 1.3 Authority to disconnect service utilities.
The building official shall have the authority to authorize disconnection of utility service to the
building, structure or system regulated by this code and the codes referenced in case of
emergency where necessary to eliminate an immediate hazard to life or property. The building
official shall notify the serving utility, and wherever possible the owner and occupant of the
building, structure or service system of the decision to disconnect prior to taking such action. If
not notified prior to disconnecting, the owner or occupant of the building, structure or service
system shall be notified in writing, as soon as practical thereafter.
SECTION 112
TESTS
The building official may require tests or test reports as proof of compliance. Required tests are
to be made at the expense of the owner, or agent, by an approved testing laboratory or other
approved agency.
SECTION 113
CONSTRUCTION BOARD OF
ADJUSTMENTS AND APPEALS
113.1 Appointment There is hereby established the City of Palm Beach Gardens Construction
Board of Adjustments and Appeals (board), which shall consist of the City Planning and Zoning
Appeals Board as established at Section 2-145 of the City code.
rms shall be as set forth in Sectio n 2-148 of
the Citv code, with the exceDtion thaUhe Construction Boa rd of Adjustment and Appeals sha II
113.2 Membership and terms. Membership and te
not have anv school board aDpointed members.
Draft 09-22-08
113.3 Powers. The Construction Board of Adjustments and Appeals shall have the power, as
further defined in 1 13.4, to hear appeals of decisions and interpretations of the building official
and consider variances of the technical codes.
11 3.4 Appeals
113.4.1 Decision of the building official The owner of a building, structure or service
system, or duly authorized agent may appeal a decision of the building official to the
Board whenever any one of the following conditions are claimed to exist:
1. The building official rejected or refused to approve the mode or manner of
construction proposed to be followed or materials to be used in the
installation or alteration of a building, structure or service system.
2. The provisions of this code do not apply to this specific case.
3. That an equally good or more desirable form of installation can be employed
in any specific case.
4. The true intent and meaning of this code or any of the regulations hereunder
have been misconstrued or incorrectly interpreted.
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5. That the building, structure, or service system, which has been declared
unsafe, unsanitary, or dangerous does not actually pose a hazard to the
building occupants or the public.
113.4.2 Variances. The Board, when so appealed to and after a hearing, may vary the
application of any provision of this code to any particular case when, in the board’s
opinion, the enforcement thereof would do manifest injustice and would be contrary to
the spirit and purpose of this or the technical codes or public interest, and also finds all
of the following:
1. That special conditions and circumstances exist which are peculiar to the
building, structure or service system involved and which are not applicable to
others.
2. That the special conditions and circumstances do not result from the action or
inaction of the applicant.
3. That granting the variance requested will not confer on the applicant any
special privilege that is denied by this code to other buildings, structures or
service system.
4. That the variance granted is the minimum variance that will make possible the
reasonable use of the building, structure or service system.
5. That the grant of the variance will be in harmony with the general intent and
purpose of this code and will not be detrimental to the public health, safety and
general welfare.
11 3.4.2.1 Conditions of the variance. In granting the variance, the board may
prescribe a reasonable time limit within which the action for which the variance is
required shall be commenced or completed or both. In addition, the board may
prescribe appropriate conditions and safeguards in conformity with this code.
Violation of the conditions of a variance shall be deemed a violation of this code.
113.4.3 Notice of appeal Notice of appeal shall be in writing and filed within 30
calendar days after the building official renders the decision. Appeals shall be submitted
in a form acceptable to the building official.
113.4.4 Unsafe or dangerous buildings or service systems In the case of a building,
structure or service system, which in the opinion of the building official, is unsafe,
unsanitary or dangerous, the building official may, in the order, limit the time for such
appeals to a shorter period.
113.5 Procedures of the Construction Board of Adjustments and Appeals
113.5.1 Rules and procedures. The board shall adopt rules and procedures for the
conduct of their duties under this section.
11 3.5.2 Decisions. The board shall, in every case, reach a decision without
unreasonable or unnecessary delay. Each decision of the board shall also include the
reasons for the decision. If a decision of the board reverses or modifies a refusal, order,
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or disallowance of the building official or varies the application of any provision of this
code, the building official shall immediately take action in accordance with such decision.
Every decision shall be promptly filed in writing in the office of the building official and
shall be open to public inspection. A certified copy of the decision shall be sent by mail
or otherwise to the appellant and a copy shall be kept publicly posted in the office of the
building official for two weeks after filing. Every decision of the board shall be final;
subject however to such remedy as any aggrieved party might have at law or in equity.
SECTION 114
STOP WORK ORDER
114.1 Authority.
Whenever the building official finds any work regulated by this code being performed in a
manner either contrary to the provisions of this code or in a dangerous or unsafe manner, the
building official is authorized to issue a stop work order.
114.2 Issuance.
The stop work order shall be in writing and shall be given to the owner of the property involved,
or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order,
the cited work shall immediately cease. The stop work order shall state the reason for the order,
and the conditions under which the cited work will be permitted to resume. Where an
emergency exists, the building official shall not be required to give a written notice prior to
stopping the work.
114.3 Unlawful continuance.
Any person who shall continue any work after having been served with a stop work order,
except such work as that person is directed to perform to remove a violation or unsafe condition,
shall be subject to penalties as prescribed by law.
SECTION 115
SEVERABILITY
115.1 If any 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 116
VIOLATIONS AND PENALTIES
116.1 Any person, firm, corporation or agent who shall violate a provision of this code, or fail to
comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter,
install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or has
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erected, constructed, altered, repaired, moved or demolished a building, structure, electrical,
gas, mechanical or plumbing system, in violation of a detailed statement or drawing submitted
and permitted there under, shall be guilty of a misdemeanor of the second degree. Each such
person shall be considered guilty of a separate offense for each and every day or portion
thereof during which any violation of any of the provisions of this code is committed or
continued. Upon conviction of any such violation such person shall be punished within the limits
as provided by law and local ordinance.
48
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I
2006 International Property Maintenance CodeU
First Printing: Jutiuary 2006
ISBN- 13: 978-1-58001-263-8 (soft)
ISBN- IO: 1-5800 1 -263-9 (Soft)
ISBN- 13: 978- 15800 1-3 I 1-6 (e-document)
ISBN-IO: 1-58001-3 I[-2 (e-docuinent)
COPYRIGHT 0 2006
b!“‘ERNA’I‘IONAL CODE COUNCIL,, INC.
by
ALL RlGIITS RESERVED. This 2006 htemitiond Prop(vfy Mtri~itcrictric~ Cob@ is a copyrighted work owncd by Ihc Inlcrna-
tioiial Code Couiicil, Inc. Without advaiicc writlcii permission lroin thc copyright owncr, no part of this book may be repioducctl,
distributcd or transmitted in any forin or by any mcaiis, including, without liinitatioii, clcctroiiic, optictil or mcchruiical meillis (by
way ofcxamplc aiitl not limitiition, photocopying, or i-ccordiiig by or in a11 information storage rctricval systcm). For iiiforinatioii 011
pcniiission to copy nintcrinl cxcceding Ihir use, plcasc coiitnct: Publiciitions, 405 I Wcst Flossmtwr iioatl, Country Club tIills, 1L
Tradciii:irks: “Intcniational Codc Council,” the “lntcniational Codc Council” logo aiitl the “liitcriiational Property Maintcniincc
Codc” iicc trntlciunrks or the Iiitertiatioiial Codc Council. Iiic.
60478-5795. PliOllc I -888-1CC-SAFE (422-7233).
PREFACE
Introduction
Intcmationally, code officials recognize thc necd for n inodcrn. up-to-datc property inaintcnancc code govcrning the niaintcnancc of
cxisting buildings. The /r~/eritu/ioi~ul Piupet-/y Muiri/eiicrrice CodeM, in this 2006 cdition, is dcsigncd to ineet this nccd through
model codc regiilatioiis that contain clear and specific property niaintciiance rcquircnicnts with requtrcd property improvement pro-
visions.
This 2006 cdition is fully coinpetible with all Iitreriiuiioricd Cod~s@ (I-Co<lcs@) publislicd by the Inteiiiationnl Code Council
(KC)@, including thc Iii/erirutioricrl Building Code? TCC Electrical Co~l~~-Acli~rirtis/r~i~ive Piovisioiis, liiteriiutioiiul Eiiergy Con-
.s~rv~/ioii Code@, li~teriia/ior to1 Exisring Birikliiig Cod@, Iiileriiutiortnl Fire Code@, Iii/enrtrtioiiul Fird Gus Code@, Iii/eriiafinncrl
Mechaiiiccrl Code@, ICC Per;(i,rinuiice Code@, Iri~eriicr~ioriirl I%rnibiirg Code? hiterria/ionul Privcite Sewcige Disposd CodiP, lii/er-
ircrrbital Kcsideiitiol Code@, li~/errrutiuiid Wilcllarid- Urlmi 1iitetjk.v Code" and Irrter~icilioricd Zoiriiig Code@.
The Iii/eri~~tioird Property M~rbiteiirince Code pi-ovisioiis provide iiiany benefits, mong which is the modcl code developineiit
proccss that offers an intcmational forum for code officials and other iiitcrcstcd partics to cliscuss performance and prescriptive code
requirenicnts. This forum pinvides an excellent arena to debate proposed revisions. This model code also cncouragcs international
consistcncy in the application of provisions.
Development
The firstcditioii of the fii/erirtitioiitil P rvperry Muiir/errnncc Code (1998) was the culmination ofan cffoil initiated in I906 by acodc
tlevelopmciit committee appointcd by ICC and consisting ol' rcpresentativcs of the three statutory inenibcrs ol' the Intcrnntional
Codc Council at that tiinc, incluctisg: Building Officials aiid Code Administixtors Inteniatioiial, Iiic. (BOCA), Internatioiial Con-
Tcrcncc or Building Ol'licials (ICBO) aiid Southern Building Code Congress Iiiterniitional (SBCCI). Tlic coinrnittcc drafted a coni-
prchensrve set OF t-epulations for cxistiag buildings that was consistcnt with the cxisting motlel propcrly niainteiiaiicc codes at tlie
time. This 2006 edition prcscnts thccode asoriginally issued, with changes i-ellected through thc previous 2003 cdilions and ruithcr
chiinges dcvclopcd through tlic ICC Codc Developmciit Proccss through 200.5. A new cditiou of Ihc codc IS promulgated evcry thiu
ycnw.
This cotlc is rountlcd on principles intcntlcd to cstablisli provisions consistent with thc scope ora propcrty niaiiitcniincc code that
ntlcquatcly protects public health, safcty :id wcl fare; provisions that (lo not unnecessarily iiicrcasc consfiiictioii ~051s; provisions
thiit (lo not rcstr'ict (he tisc of ncw materials, products or nxtliocls ofcons~ruc~io~t; aiid provisions thiit do not givc prcfctcnlial treat-
nient to particular types 01 classcs ol' niatcriais, products or nicthotls of constriiction.
Adoption
Tlic lii!eritutiomi/ /'ropo./y Muin/crrurrce Code is itvililable Cor adoption and tisc by jurisdictions intciiietioilally. ILS usc withia G
govcriimentat jurisdiction is iiitcndetl to bc accomplishcd through cidoptiori by rcferencc in accoidiincc with procccduigs establish-
ing thc jurisdiction's laws. At the time of atloption, jurisdictions should inscrt thc appropriatc in forination in provisions rcqiiiriiig
spccific local information, such as the nainc orthc adoptingjurisdictioii. Thcsc locations ai-e shown in hrackctccl worcls iii sinall cap-
ital lettcrs in tlic corle anti in the saniplc oitlinnncc. Thc sample :idoption ordinance 011 piigc v addrcsscs scvcral lccy clenicnts of a
code adoption ordinance. including tlic iii(i)rination rcquircd for insertion into the coclc tcxt.
Maintenance
The /~i/~'riiutioir~I I'mper1y n/ltiiit/eriuiice Cock is kept up to date through tlic rcview of proposcd changcs subinittctl by codccnforc-
ing officials, industry rcprcscntativcs, dcsign plwl'essionals atid other intctcstcd partics. Proposcd changcs arc caicFiilly considered
through an open code tlevclopincnt proccss in which all intcmsted and afkctcd panics may participate.
Tlic contents of this work arc siibjcct to chciiigc both through thc Codc Dcvclopment Cyclcs and tlic govcrnmcntal body that
enacts the code into law. For inore information rcgaiding chc code devclopmcnt proccss, contact tlie Cotlcs :tnd Skindnrds Develop-
nicnt Dcpartiiicnt of the International Cotlc Council.
Wliile tlie development procedure of the Iir/erriu/ioiid Properqp Muiri/e1t~iii4:e Cork ctisures tlic highest degrte of carc, ICC, its
ineiiibcrship :ind thosc participating in tlic developmcnt of this ccxlc do not acccpt any liability resulting from compliancc or 11011-
compliance with the provisions bccainc ICC does not have the power or authority to policc or enforce complinncc with the contcnts
of this code. Only tlic govcrnmcntnl body that cn:icts thc codc into law lias such iiuthority.
2008 INTERNATIONAL PROPERTY MAINTENANCE CODE" iii
Letter Designations in Front of Section Numbers
In cach cock clcvelopinent cycle, proposed changes to this codc arc consideiwl at tlie Code Dcvelopineiit Hcnrings by the ICC Pivp-
ei~y Maintenniice/Zoning Codc Dcvelopirient Committee. whose action constitutes a iwommenclation to the voting nienibership
for final irctioii on the proposcd ch;uigcs. Proposed changes lo n cotlc section liaviiig a nuinbcr bcginning with a letter iii brackets are
coiisidercd by a different codc dcvelopinent committec. For cxciniplc, proposed changes 10 codc scctions that havc the letter [F] 111
rront of thcni (c.g., [FI 704.1) are consideiul by tlic International Firc Code Dcvclopnient Commillce at the Code Dcvclopmeiit
Hearings.
Thc coiitciit or sections in thiscode that begin with a Ictter tlesignalion are niaintainctl by another code dcvcloymcnt comniillee iii
accordance with tlie following:
[F] = Inwnational Firo Code Developincnt Coniiniltec;
[PI = Jii lernat ioiial PI u in b ing Code Dcve lopmcnt Co inin i ttec;
[F] = Internalional Fire Code Developtneiit Cointniltce; and
[B] = Liternational Building Code Devclopmcnt Coinmittce.
Marginal Markings
Solid vertical lines in tlic margins within the botly of the code indicating a tcchnical change from tlic izquireinenLv of tlic pizviows
edition. Deletioil indicators in the foiin of an arrow ( e) are pinvidcd in the margin wherc an ciitiix scction, paragraph, cxceptioiior
tablc has been delclcd or an item in a list of items or a table has been dclcteci.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@
ORDINANCE
The Intcrrturiortal Cut1o.s ai'c designed and promulgated to bc adopted by rcfcitncc by ordinance. Jurisdictions wishing to adopt the
2006 I~~/mru/iur~ctl Pwperty Muiritcncrrice Code as an enforceable regulation governing existing structures and prcmises should
cnsiiic that certain filctual information is iiicludcd in thc adopting ordinance ai the time adoption is being consitlcrcd by the appro-
priatc governmental body. Thc following sample adoption ordinance addrcsscs several key elements of a code adoption orulinancc,
including the inforisation required for insertion into the code tcxt.
SAMPLE ORDINANCE FOR ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE ORDINANCE NO.
An ordinance of the [JURlSDiCTlON] adopting thc 2006 edition of the Irrtcrrict~iortnl ProperI): Mtrirrfcritr/ice Code, regulating and
governing the conditions and inaintcniiilcc of a11 prupcrty, buildings and structures; by providing thc standartls for supplied utilities
and facilitics and other physical things and conditions essential to cnsurc that stivctiires are safe, sanitary and lit for occupation and
usc; and lhecondetnnation of buildings and structures unlit for human occupancy and USC. and thcdeinolition of such cxisting stiuc-
lures in lhe [JURISDICTION]; pmviding for the issuance of permits antl collection of fces thcrcfor; repenling Ordinnncc No.
of thc [JURISDICTION] and all othcr orclinanccs and parts of the ordinances in conflict therewith.
Thc [GOVERNING BODY] or the [JURISDICTION] does ordain as follows:
Section 1. That n certain document, three (3) copies of which a18 on file in the ol'fce of thc [TITLE OF JURISDICTION'S KEEPER OF
RECORDS] of [NAME OF JURISDICTION], being markcd and designakd as the I~t/er/rcr/iorrcrl Pru/xwy Mchtericoice Code, 2006 cdi-
lion. as publishcd by the Inlernalional Cotlc Council, bc antl is hereby adopted as the Property Maintenance Code of the [JURISDIC-
TION], in thc Stale of [STATE NAME] for icgulaling and governing the conditions and maintenance of all property, buildings itnd
stiucturcs; by providing [he standards for supplied utilities and hcilities aiitl other physical things antl conditions essential to ensure
that slructures are safc, sanitary antl lit for occupation antl use: and the contlemnation of buildings and stiuctures unfit for human
occupancy and use, and the demolition of such cxisting struciurcs as hereiii providcd; providing k)i- the issuance of permits iitid col-
lection oI*l'ccs therefor; and each end all ofthe regulations, provisions, pcnaltics, conditions antl tei'ins of'siiid Propcrty Maintenance
Codc on filc in thc orticcof thc [JURlSl)ICl'ION1 are hcrcby rcferrcd to, adopted, and niatlc 21 part hcrcof, as il'rully setout in this or&
nance, with the ivlditions, inscilions, tlcletions end changes, i f any, prcscribetl in Scction 2 ol' this ordinance.
Section 2. Tlic following scctions arc hcrcby revised:
Scctioii 101. I. [nscrl: [NAME OF JURISDICTION]
Section 103.5. Inscrl: [APPROPRIATE SCHEDULE]
Section 302.4. Iiiscrt: [HEIGHT IN INCHES]
section 304.14. hseil: [DATES IN TWO LOCATIONS]
Scction 602.3. fnscrl: [DATES IN TWO LOCATIONS]
Section 602.4. Inscrl: [DATES IN TWO LOCATIONS]
Section 3. That Ordinance No. OF [JURISOICTION) entitled [FILL IN HERE THE COMPLETE TITLE OF THE ORDINANCE OR
ORDINANCES IN EFFECT ATTHE PRESENTTIME SO THATTHEY WILL BE REPEALED BY DEFINITE MENTION] and :dl other ort~inanccs
or parts of ortlinanccs in conflict herewith arc hcrcby repealctl.
Section 4. That il';~iiy section, subsection, sciitencc, clausc or phrase of this ordinance is, for any tXiiSoIi, held to bc uiicoiistit~itioiial,
such decision shall not atl'cct thc validity ofthc rcninining portions ofthis ordiniuicc. Tlic [GOVERNING BODY] hercby tleclalcs that it
would haw passccl this ordinancc, antl each section, subsection,clausc orphlasc thcrcof, irrespcctivcol'the fact that sny one or Inorc
sections. subsections, scntences, clauscs antl phrascs bc tlcclarccd iiticonstilutioiial.
Section 5. That nothing in this ordinancc or in the Propcrty Meintcnancc Code hcrcby adoptcd shall bc construed to alTect any suit
orprocccding impending in any court, or any rightsacquiretl, or liability incurred, orany causc orcauscs ol'action acquircdorcxist-
2008 INTERNATIONAL PROPERTY MAINTENANCE CODE@ V
ins, undcr any act or oirliniiiice hei-eby repcaled as cited in Scctiou 3 of this orclinancc; nor shall any just or legal right or reniedy of
any chariicrcc be lost. impailed or affected by this ordinance.
Section 6. That the [JURISDICTION'S KEEPER OF RECORDS] is hereby ordei-cd and diicctcd to cause this ordinance to be publishcd.
(An additional provision 1Diby be mquiretl to direct the number of limes thc ordinance is to bc publishcd and to specify that it is to be
in ;I iicwspapcr in gcnerul circulation. Posting may also be rcquired.)
Section 7. That this onlinancc and thc rules, regulations, provisions, requirements, orders and matters established and ;idop~cd
hcrcby shall take effect and be in full force and cl'fcct VIM€ PERIOD] from and aftcr thc dale of its Final passage and adoption.
VI 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@
TABLE OF CONTENTS
CHAPTER 1 ADMINISTRATION ............... 1
Section
101 General ................................... 1
IO2 Applicability .............................. 1
103 Departmcnt of Propcrty Maintcnance
Inspection ............................... I
104 Dulies and Powers of the Code Ol'licial ......... 2
105 Approval .................................. 2
106 Violations ................................. 2
I07 Notices and Orders ......................... 3
108 Unsafe Structures and Equipiiiciit ............. 3
109 Emcrgency Measures ........................ 4
I IO Demolition ................................ 4
I I I Means of Appcal ........................... 5
CHAPTER 2 DEPINITIONS .................... 7
Scctioii
201 Gcncral ................................... 7
202 General Dcfitiitions ......................... 7
CHAPTER 3 GENERAL REQUIREMENTS ...... 9
Section
301 Ociicral ................................... 9
302
303 Swimming Pools. Spas iilitl 1.101 'Tubs ........... 9
304 Exlerior Structure ......................... IO
305 Intcrior Structurc .......................... I I
306 lhndrails and Guardrails ................... I I
307
308 Externiinatioii ............................. I I
Exterior Propcrty Arcas ...................... 9
Rubbish and Garbngc ...................... I I
CHAPTER J iAIcIw.r. VENTILATION AND
OCCUPANCY 1.IMITA'I'IONS ...... 13
Scclion
401 General.. ................................ 13
402 Light .................................... I3
403 Vcntilation ............................... I3
404 Occupai~cy I. iniitatioiis ..................... I3
CHAPTER 5 PLUMBING FACILITIES AND
Scction
501 Geiicral .................................. 15
502 Rcquired Facilities ......................... 15
FIXTURE REQUIREMENTS ...... 15
503 Toilct Room ............................. i5
504 Plumbing Systems and Fixtures .............. 15
505 Water Systcm ............................. i5
506 Sanitary Drninagc System ................... 16
507 Storin Drainage ........................... 16
CHAPTER 6 MECHANICAL AND ELECTRICAL
RBQUIREMENTS ................ 17
Sectioii
601 General .................................. 17
602 Heating Facilities .......................... 17
603 Mcchanical Equipment ..................... 17
604 Electrical Facilities ........................ 17
605 Electrical Equipment ....................... 18
606 Elevators, Escalators and Dumbwaiters ........ 18
607 Duct Systems ............................. 18
CHAPTER 7 FIRE SAFETY
REQUIREMENTS ................ 19
Section
701 Gcncral .................................. 19
702 Means of Egress ........................... 19
703 Firc-Rcsistatice Ratings ..................... 19
704 Firc Prokction Systems ..................... 19
CHAPTER 8 REFERENCED STANDARDS ...... 21
INDEX ........................................ 23
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@
viii 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@
CHAPTER 1
ADMINISTRATION
SECTION 101
GENERAL
101.1 Title. Thcsc rcpulntions shall bc known as the P~vperr)~
bfok~crrciracc code of [NAME OF JURISDICTION], hercinaflcr
referred to as "this cotlc."
101.2 Scope. The provisions of this codc shall apply to all
existing residcntial and nonresidential sti'uctures and all exist-
ing prcmiscs and constitutc minimum irquirenients and stan-
dards for premises, structuics, cquipinent and facilities for
light, ventilation, spacc, heating, sanitation, protcction from
theelements, lifc safety, safcty from fire aiid other hazards, aid
for safc antl sanitary maintenance; the responsibility of owners,
operators antl occupants; the occupa~~cy of existing stiiicturcs
and premises. and for cvlininistration, ciiforccmcnt ant1 penal-
tics.
101.3 Intent. This codc shall be construed to sccurc its
exprcsscd intent, which is to ensure public health, safcty and
welfare in so far as they arc afTectet1 by thc continucd occu-
pancy iuid iniiiiiteiiancc of sti-ucttiies and prciniscs. Existing
structuics and prciiiises that do not comply with thcsc provi-
sions shall bc tiltercd or repaired to providc a niiniinuiii Icvd of
health and safety as rcquii-cd hcicin.
101.4 Severability. Ira section, subscction, scntcncc, clawcor
phrasc of this cotlc is, for any rcnson, held to be unconstitu-
tional, such decision shall not alreci the validity of the i-einain-
ing poitions ol'this codc.
SECTION 102
APPLICABILITY
102.1 General. The provisions or this cock shall apply to all
matters dfecting or rclaliiig IO structurcs zinc1 prcmiscs, iis se~
forth in Section 101. Whcrc, in a spccitic casc, differcii~ scc-
lions of this code spccify tlifl'erent rcquircnicnts, llic iiiost
rcstriclive shall govcrn.
102.3 Application of other codes. Repairs, additions or eltcr-
ations to a structure, or changcs oloccupancy. shall bc done in
accordance with tlic proccduiw aiid provisions of thc frtfenici-
iioiid BiriMirzg Code, lrr/erriutioiid Fiid Gus Code, fii/erii(i-
tiorid Mechciiiicul Code and thc ICC Elec/riccrl Cock Nothing
in thiscode shall beconsti*ucd tocancel, niotlil'y or sctasidcany
provision of the fr~/entci/iortcr/ Zoribtg Code.
102.4 Existing remedies. Thc provisions in this code sliall not
beconsinicd to abolish 01' impair existing remedies of thcjuris-
diction or its officcrs or agencies relating to thc removal or
dcinolition of any structuic which is dangcrous, unsafe and
insanitary.
102.5 Workmanship. Repairs, maintciiancc work, allcrations
or installations which aie caused diiwtly or indircctly by the
ciiforccnicni of this codc shall bc executed antl installed in a
workrnanlikc iiiiiniicr ant1 installed in accordance with the
manu facturcr's ins~~llation instructions.
102.6 Historic buildings. Thc provisions of this code shall not
be mandatoiy I'oi.cxistinp buildings or structurcs tlcsignated iIS
historic buil(1inps wlicil such buildings or S~IUC~U~CS judged
by thc ccxle official to be safc and in (lie public interest of
health. safety antl welfai-c.
102.7 Referenced codes and standards. The codcs and staii-
dards rcfciznccd in this cotlc shall be thosc that are listed in
Chaptcr 8 ant1 considered part of thc rcyuireiiicnh of this cotlc
to tlie prescribed extcnt of each such rcfercncc. Whcrc difkr-
enccs occur bctwecn provisions ofthis codc end the icfcrcncctl
standartls, the provisions ol' this codc shall :ippLy.
102.8 Reqiiireiiien(s not covered by code. Rcquircnients ncc-
essriry for the strength. siiibility orpropcropcintioii of an cxisk-
ing lixturc, struckurc or equipincnt, or (or thc public safety,
hcalth and general welfiirc, not spccilically covcrcd by this
code, shall be dcterminctl by tlic cock oflicial.
I
SECTION 103
DEPARTMENT OF PROPERTY
MAINTENANCE INSPECTION
103.1 General. Thc rlepartnieiit of propcrty maintenance
inspcclioii is llcrcby ci.ci\led an(l the cxccu[ivc official in charge
thct.eoC shall bc known as thc codc official.
102.2 Maintenance. Equipment, systcins, tlcviccs aiid safc-
guards required by this cock or a pi'cvious icgukition or code
undcr which the structurc or pi'cniiscs was cotisti'uctcd, altcred
or rcptiiretl shall be nieintainetl in good working ordcr. No
owncr, opcrator or occupwt shall ciwe any scrvicc, fiicility,
cquipmciit or utility which is rccluirecl undcr this section to be
r-cinovctl lim or shut off Tram or rliscontinued for any occii-
as Ilcccs-
sary whilc rcpairs or alterations iirc in progress. Thc
103.2 Appointment. Thc codc ollicial shall be irppointcd by
thc chief appocnting authority 01 thc jurisdiction; and thc code
oflicial shall not be izmovctl from olficc cxccpt for cause and
after full opportunity to bc heiircl on specilic antl rclcvwt tlwcllillg, exccpl ,-orsucl, tei,ll~or~lry
I.ccqLlircllicilts of this c<)(lc ;ire llOt illlcIldcd (0 provide basis cllilr!$s by bcroLr: lhc appoillting
foi' rcnicivol or abrogation of fire protcction and safcty systcins
iintl dcviccs iii cxisting structurcs. Except as otherwise spcci-
lictl licrcin, tlic owner or tlie owiicr's dcsignatcd agent shall be
rcsponsibie Tor thc inilintcnaiicc of buildings, structurcs and
prcmlscs. and other employees.
103.3 Deputies. 111 accordance with tlic pirscribetl ptncctlui~s
of this jurisdiction and with the concurrcncc of lhc appointing
authority, ttlc codc olricial s1i:ill Iiavc tlic authority to appoint a
clcputy code official, other rclatcd technical olliccrs, inspwtors
2006 INTERNATIONAL PROPERTY MAINTENANCE COD9 1
ADMINISTRATION
103.4 Liability. The code official, off'icer orcinployee chaiged
with the enforcement ollhis code, whileacting for the jurisdic-
tion, shall no1 thereby be rendcred liable personally, and is
hereby relievcd from all personal liability for any darnage
i\ccruing to pcrsons or property as a iesult of an act icquired or
permitted in thc discliargc of official duties.
Any suit institutcd against any oflicer or cinployce becausc
of an act performed by that ofl'icer or ciiiploycc ii: thc lawliil
discharge oftlutics and under the provisions of this code shall
bc derended by the lcgal rcprcsciitative of the jurisdiction until
the tinul terniination of Uic proceedings. The code official or
any subordinate Shi\ll not bc liable for costs in an action. suit or
proceeding that is instituted in puixuance of thc provisions of
this code; and aiiy ofliccr of the departinciit of propcrty mainte-
nance inspection, acting in good Faith and without malice, shall
be frec from liability for acts performed under any of its provi-
sions or by ieason of any act or omission in the performance of
official duties in coiincctioii therewith.
103.5 Fees. The fees for activities aiid serviccs pcrforincd by
the department in carrying out its respoiisibilities under this
code shall be as itidicatcd in the following schedule.
[JURISr~lCTlON TO INSER1' APPROPRIATE SCIIEDULE.]
SECTION 104
DUTIES AND POWERS OF THE CODE OFFICIAL
104.1 General. The code officii11 shall enforcc lhc provisions
of this code.
104.2 Rule-niakiag authority. The code official shall havc
authority as ticccssary in thc iiiteirst of public hcalth. safcly
and general welfarc, to idopt and promulgate i.ulcs and procc-
durcs; to iiitciprct and iinplcniciit thc provisions ofthis codc; to
sccure thc intent theivol'; and to clcsignatc rcquirements appli-
cable because of local climatic or othcr conditions. Such riilcs
shall not havc thc effect of waiving structural or lire pcrfor-
mance rcquircnicnts spccifically providctl for in this corlc, or of
vidiltikig acccptctl ciigiiiccriiig mcthotls iiivolving public
safety.
104.3 Inspections. Thc codc olficial shall make all oT ihc
requirctl inspcctions, or shall accept rcports of inspcction by
approvctl iigcncics 01' iixlivitluids. 1\11 i'eporis of such inspec-
tions shall be in writing and beccrtilied by a rcsponsibleofliccr
of such approved agency or by the responsible individual. Thc
code offiiciid is authorized to c~igagc such cxp~ opinion RS
tleeiiicd iieccssary to report upon unusual tcchnical issues thiit
ilrisc, siibjccl to thc approval of the appointing authority.
104.4 Riglit of entry. Thc codc ollicial is authorizcd to eiitcr
the structiiir or prvinises at rcitsonablc tiincs to inspect subjccl
LO constitutional rcstrictioiis on unreasonable scarches and sei-
ZIIICS. If entry is rcl'usctl or not obtained. the cock official is
auihorizctl to piirsuc ~W~LII'SC as provitlcd by law.
104.5 Identification. The codeoflicial sttiill carry propcr icicn-
tification whcti inspccting stiiiciurcs or pretniscs in the pcifor-
iiiancc oC duties undcr this codc.
104.6 Notices and orders. Thc cocle official shall issue all nec-
cssary iioticcs or ordcrs to ciisurc coiiipliaiicc with this code.
104.7 Department records. The codc olficinl sliall keep offi-
cial records of all business anti activities of the department
specified in die provisions of this code. Such recotxts shall be
rckincd in lhe official records as long as the building or struc-
ture to which such records relate rcniains in cxistence, unless
otherwise provided for by othcr i.egiilations.
c
SECTION 105
APPROVAL
105.1 Modifications. Whenever there are practical difficulties
involvctl in carrying out the provisioiis of this cotlc. the code
oflicial shall have the authority to giant modifications for intli-
vidual cascs, provided thc code oflicial shall first Iind that spe-
cial individual ~tason inakcs the strict letter of this codc
impractical aiid Lhc modification is in compliance with thc
intent ittxl purpose of this code iid that such inodification does
not lessen health, life and fire safety rcquireniciils. The details
of action granling modifications shall bc rccotdcd and entend
in the departinent filcs.
105.2 Alternative materials, methods and equipment. The
provisions of this codc are no1 intendcd to prevent thc installa-
tion of any material or to prohibit any method of construction
not specifically prescribed by this code, provided that aiiy such
altcriiative has been approved. An altcrnativc inatcrial or
method of construction shall be r\pprovetl whcrc the code olli-
cia1 finds that the proposcd design is satisfactory and coniplics
with the inlent or tlic provisions of his codc, and that the mate-
rial, inethod or work offercd is, Tor the purpose intendcd, a1
least the equivalent of that prescribed in this code in quiility,
stirngth, cffcciivcncss, firc rcsistancc, durability and safety.
105.3 Reqoid testing. Whciievcr there is insufficient evi-
dencc of compliancc with thc provisions of this code, or cvi-
dcncc that a inatrial or rncthod tlocs not conform to the
requirements of this codc, or in order to substantialc claims for
altcrnntive inaterinls or inethods, [tic code olliciiil shall liiive thc
authority to rcquirc tests to be iiiatlc its cvitlcncc ofcoinpliancc
at no cxpcnsc to thc jurisdiction.
105.3.1 Tcst methods. Test inethotls shall be BS sl'ccilicd in
this code or by other rccogiiizcd test staiIdaids. In thc
abscnce or rccognized antl accepted test incthads, tlic code
oflicial shall bc pcmiittctl to approvc appropriate testing
proccdurcs performed by iin approvcd agcncy.
105.3.2 Test i-ports. Reports of tests shall be ixuincd by
thc code official for the pcriotl requiicd for rcteiitioti ofpiib-
lic i*ecoirls.
105.4 Material and equipment reuse. Mutcrials, cquipinciit
and tlcviccs shall not be i-euscd unless such eleiiicnts arc in
good repair or have been iccondiiionccl and lcstcd when neces-
saIy, placcd in good antl prop~i. working coiitlition itlltl
approvcd.
SECTION 106
VIOLATIONS
106.1 Unlawful nctu. It shall bc milawful Ibra pcrson, firin or
corporiitioa to bc in conflict with or in violation of any or thc
provisions of this code.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE' 2
ADMINISTRATION
106.2 Notice oPviolation.The code omcial shall scrvc a notice
of violation or ordcr in accoiulancc with Section 107.
106.3 Prosecution of violation, Airy person failing to comply
with a notice of violation or order scrvd in accordiIlicC with
Scction 107 shall be deeined guilty of a misdemeanor or civil
infraction (IS tletcriiiinctl by the local municipality, and tlie vio-
lation shall bc dceinetl a strict liability olTense. IL'thc noticc of
violation is not complied with, thc code orlicial shall institute
the appropriate procceding at law or in equity to rcstrain, cor-
i-ect or abatc such violation, or to requirc the removal or rcrmi-
tiation of the unlawful occupancy of the stiucturc in violation
of the provisions of this code or of the otuler or direction mdc
pursuant thcrcto. Any action taken by the authority having
jurisdiction on such preniiscs shall bc charged against the real
estate upon which the structure is located and shall be a lien
106.4 Violation penalties. Any person who shall violate a pro-
vision of this code, or fail to coinply thcrcwith, or with any of
Ihc cequii*enients tlicreof, shall be pir)secuted within thc limits
pt'ovided by stale or local laws. Each day that a violation con-
tinues after due notice has bcen scrvcd shall be de~i~ietl n sepa-
rate offense.
106.5 Abatement of violatioii.Thc imposition ofthe penaltics
herein prescribed shall not prcclude tlic legal ofliccr of the
jurisdiction from insti tuting apptnpriate idol1 to rcstrain, cor-
rcct or abate 9 violation, or to prevent illegal occttpiInCy of I\
building, structure or premiscs, or to stop an illegal act, coli-
duct, business or utilization of the building. sttvcturc or pre-
mises.
I
upon such rcal cs1ate.
SECTION 107
NOTICES AN0 ORDERS
107.1 Notice to person responsible. Whencvcr the cotlc olti-
cia1 tlctciinincs that thcrc has beeti a violation of this codc or
ha\ grounds to bclicvc that a violation has occurrccl, notice
shall be given in tlic manncr prcscribcd in Scctions 107.2 and
107.3 to the person rcsponsible for tlic violation as spccificd in
this codc. Noticcs for coiidcinnatioii procedurcs shall iilso
comply with Section 108.3.
107.2 Form. Such notice prescribed in Section 107. I shall be
in accordancc with all of the I'ollowing:
I. Be in writing.
2. Inclutlc :I tlcscription of thc ~cal estate sul'ficicnt for itlcn-
tification.
3 Includc a statctivxt ol'thc violation or violations ittld why
the noticc is bcing issucd.
4. Includc a correction order allowing a rcasonablc timc to
nuke the repairs and improvctncnts rcquircd to bring the
clwelling unit or stiucttire into compliancc with thc pro-
visioiis of this codc.
5. Inform the property owncr of the right LO apped.
6. Inclutlc a statement ofthe right to filc a licn in accorclance
with Scction 106.3.
1073 Method oP service. Such notice shall be dccincd to be
piaperly served if a copy thercof is:
I. Deliverccl personally;
2. Sent by certified or first-class mail addrcssed to thc last
known address; or
3. If thc notice is returned showing that the letter was not
dclivcred, a copy thercof shall bc postctl in a conspicu-
ous place in or about tlie structure affected by such
notice.
107.4 Penalties. Penaltics lor noncompliance with orders and
notices shall be as set forth in Section 106.4.
107.5 'l'rsnsfer of ownership. It shall be unlawfiil Tor the
owncr of any dwelling unit or structurc who has received a
compliance oi*der or upon whom a noticc of violation has becn
served to sell, transfer, mortgagc, lease or otherwise dispose of
such dwelling unit or structure to anothcr until the provisions
of the compliancc ortlcr or notice of violation have bccn com-
plied with, or until such owner shall tht furnish the grantce,
transferee, mortgagee or lcsscc a tiuc copy of any compliance
order or noticc of violation issued by the cdc ofticial and shall
furnish to the code oflicial a signed and notarizcd statcinelit
from the grantec, transfeitc, mortgagcc or lassee, acknowlcdg-
ing the receipt of such compliance orclcr or noticc of violation
and fully acccpting the responsibility without condition for
making the corrections or rcpairs txquircd by such compliance
order 01' noticc or violation.
SECTION 108
UNSAFE STRUCTURES AND EQUIPMENT
108.1 General. Wlicn a striictuic or cquipmcnt is found by thc
codeoffcia1 to he unsal'c, or whcn 11 structiire is round unlit ror
human occupancy, or is I'oitntl unlawful, such structurc shall be
condcninecl pursuant to the provisions of this codc.
108.1.1 Unsafe structirws. An uns:rfc SIIIIC~UI'L' is otic that
is found to be tl;ingeir,us to the lifc, health, ptuperty or
srrfcty ol'tlic public or thc occuparits 01 thc slructurc by not
providing m i n imulii sa fcguarcls to protcc t or warn occu-
pants in ihc cvcnt of lire, or bccaiise such structure contains
uosal'c cquipmcnt or is so damaged, decayed, tlilapitlatcd,
structurally unsafe or of such lhul~y construction or unstablc
foundation, chat purtiill or complete COII:I~SC is possiblc.
108.1.2 Unsafe equiplnenl. Unsafe cquipinent includes
any boiler, hcating equipment, clevatot; moving stairway,
electrical wiring or device, I'lnminable liquid containcrs or
othcr equipment on the prcmises or within the sti~ictur~:
which is in such disrcpnir or condition thitt such cquipnient
is a hazard to life. health, property or safety of the public or
occupants of the premises or structure.
108.1.3 Structiire unfit for Iiuinan occapaiicy. A struc-
tiire is unfit for hutnil11 occupancy whcncver tlic codc ol'fi-
cia1 lintls that such structwc is unsafe, unlawful or, because
ofthe degree LO which tlie structurc is in tlisicpair or lacks
maintenance, is insanitary, vermin or rat infcstetl, contains
filth and contaminalion, or lacks vetitilatiori, illuniinalion,
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ 3
ADMlNlSTRATlON
sanitary or heating facilities or other essential equipment
rcquittd by this code, or because the location of the struc-
ture constitutes a ha7~1.d to the occupants of the structure or
to the public.
108.1.4 Unlanfiil structure. An unlawful structure is otic
found in whole or in part to be occupicd by more pewons
then pcrmittetl untlcr this cotlc, or was erected, altered or
occupicd contriwy to law.
108.2 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 ofliciirl is aulhorized to
post a placard of condetnnation on thc prctirtscs and oirlcr thc
structure closcd up so as not to be an attractive nuisnncc. Upon
hilure of the owticr to closc up tlic premises within the time
specified in thc order, thecodc official shallcause the prcniiscs
to be closed and sccuretl through any available public iigclicy
or by contiact or amngcment by privatc persons and tlie cost
thcreof shall be charged against the real estate upon which the
structurc is locatcd and shall be a lien upon such rcal estate and
1083 Notice. Whenever tlic code official has condemned a
structtm or equipment under the provisions of this scction,
notice shall be postccl in a conspicuous place in or about thc
s(rirctuic affectcd by such notice and served on the owncr or thc
pciwn or persons responsible for the stritcturc occquipn~cnl in
accortlancc with Section 107.3. lf the notice pertains to cquip-
ment, it shall also be placcd on the coiitlcninctl cquipmcnt. The
notice shall bc in the form prescribed in Scction 107.2.
108.4 Placarding. Upon failureoftlie owncror person rcspoii-
siblc to coiiiply with the notice provisions within tlic time
given, the cock officinl shall post on thc premises or on clefcc-
tivc cquipincnt a placard bcaring the word “Condcninetl” and ii
statcnicnt of thc pcnaltics provided lbroccupying thc picmises,
operating the cquilment or removing the placiircl.
1018.4.1 Placard removal. Thc codc official shill1 izniovc
the condcmnation placard whenevcr the tlcl’ect or clcfccts
upon which tlic cotitlctiination and pl;sarding action wcrc
based havc been cliniinatctl. Any lxrson who dcfaces or
rcniovcs a coiitlcmnation placard withoul tlic it1>l>rovi\I of
the codc officinl shall be siibjcct IO the pcnaltics piwiclcd by
this code.
108.3 Prohibited occupuncy. Any occupicd sti ucturc con-
dcninerl :uid placa~~lcd by the CO~C olticial shall be vacatctl as
ordc~cd by the code official. Any pcrson who shall occupy a
placcirded premises 01 shall o1xmte placarded cquipincnt, arid
my owner or any person responsiblc Tor the piamiscs who shall
ICC ijliyo~ic occupy il pl~~rtled preniises 01’ opcl.atc pl~~d~d
cqu~pnicnt shall bc liable for the pctiidtics prcwidcd by this
code
11iay be collcctcd by i\tiy other legal resource.
SECTION 109
EMERGENCYMEASURES
109.1 Itnininent danger. When, in theopinion ofthc cotlc oili-
cial, clicia is itnniincut tl:inger of Ihiluic or collapse of a builtl-
ing orslritctwc which endnngers lit%, or whcn iUiy slizictiire or
p:~iz ora structure has fallen and life is CndnIigCl-Cd by thc occu-
piition of thc structure, or whcn thcrc is actual or potcntid dan-
ger to the building tmxtpanLs or thosc in thc proximity of any
structure because of explosives, explosivc futncs or vapors or
the presence of toxic fumes, gases or materials, or operation of
defectivc or dangerous equipment, the code official is hercby
;tuthorized iltitl cmpowcicd to ordcr and icquire the occupftnLs
to vacate tlie piwises forthwith. The code official shall caw
to be poskd at each entrance to such structure a notice readins
as follows: “This Struclun: Is Unsafc and Its Occupniicy I-Ias
Been Prohibited by the Code Ollicial.” It shall be unlawful Cor
any person to cntcr sucli structure exccpt for tlic puiposc 01‘
securing the structure, making the required repairs, reniovitig
the hnzardous condition or of dcttiolisliing thc same.
109.2 Temporary safeguards. Notwithstanding olhcr provi-
sions of this code, whenever, in the opinion ofthe code officiol,
therc is imminent dangcr due to an unsafc condition, thc code
official shall order the neccssaiy work to becloac, including the
boarding up of opcnings, to rcndcr such striicturc tcinporarily
sarc whether or not the legal procedure herein described has
been instituted; :rnd shall cause such other tiction to be taken as
the code official tlecins necessary to mcct such cmergency.
109.3 Closing streets. When necessary for public safcty, the
code official sliall tempotalily close structures and C~OSC, or
order the authority having jurisdiction to close, sidewalks.
streets, public ways and placcs adjacciit to unsafc structures.
and prohibit the satiie from being utilized.
109.4 Emergency i-cpaii.s. For the purposes of this scctioii, the
code offici;il sbcill cinploy thc nccessary labor and materials to
pcrl‘ortn the rcquind work as cxpeditiously as possible.
109.5 Costs of einergency repairs. Costs incurrctl in the pcr-
fortnance ofcmergency work shall be paid by thc jurisdiction.
The legal counscl of thc jurisdiction shall institutc appropriatc
action ngainsl thc owncr of thc premises wherc the uilsitfe
structure is or was 1oc;itetl for the recovery of such costs.
109.6 Hearing. Any pcrson ordcrctl to take enicrgcncy nica-
surcs shall comply with such order l’orhwitli. Any afl‘ectctl per-
son shall thcrccrftci; upon petition dircctcd to the appcals board,
be cin’oi*clctl a hewing as tlescribed in this cotlc.
SECTION 11 0
DEMOLITION
110.1 General. Thc cotlc ofliciitl shall onicr the ownci‘ of any
prcniises upon which is locatcd ;lily StriIcture, which in thecode
official’s jutlgnicnt is so old, dilnpiclatcd or has bccoinc so out
of tcpair as to bc claiigcroiis, unsafc, insanitary or otherwisc
unfit for human habitatioii or occupancy, ant1 such that it is
uniwsonable to rcpair tlic structurc, to tlcniolish and rcinovc
such structure; 01‘ il’such structure is capnblc of being niaclc
safc by rcpairs, to repair mid make safe and sanikiry or to
dcmolish and rcniovc tit tlic owncr’s option; or where thcrc has
bccn a ccssation of nonnal construction of any st~z~cturc for ii
pcriod of niore than two yc;irs, to demolish and rcniovc such
structuiv.
110.2 Notices and orders. All noticcs aticl orders shall coinply
with Scction 107.
110.3 Pailtin: to comply. If the owncr of a prctniscs fails to
coinply with a (leinolition order within the titile prescribed, the
2006 INTERNATIONAL PROPERTY MAINTENANCE Cool? 4
ADMINISTRATION
code ollicial shall cause thc structurc to be detiiolished and
rcinoved, either through an available public ageiicy or by coli-
tract or arrangemcnt with privatc persons, and the cost of such
dcniolitioti and rcmoval shall bc charged against the real estate
upon which thcstructuir is located and shall be a lieii upon such
I-cal cstatc.
110.4 Salvage muterialu. When any structure has been
oidcred demolishcrl and itmovetl, thc govcrning body or other
designatcd oflicer iintler said contract or arrangement at'orcsaid
shall havc thc right to sell the salvagc and valuable malerials at
the highest price obtainable. The iiet proceeds of such snlc,
aRer deducting the cxpcnses of such cleinolition and reinoval,
shall be promptly rciiiittcd with a report of such sale or transac-
tion, including the items of expense and the anioutilS tleductetl,
for the person who is ciititlcd theirto, subject to aiiy otdcr ofa
court. If such iI surplus docs not icmain to be turned over, the
report shall so state.
SECTION 11 1
MEANS OF APPEAL
1 11.1 Application for appeal. Any person diivctly al'fectcd by
a decision oT the code official or a notice or oirler issued under
this cocle shall havc thc right to appeal to the board of appcals,
providcd that it written applicdon for appcal is lilcrl within 20
days after the clay the decision, noticc or order wils scrvcd. An
application For apvi\l shall be based on a claim that the true
intent of this cotlc or thc rulcs IcgiIlly adopted tlicrcuntler have
been incorrectly intcrprctcd, the pinvisions of this code do not
Tully apply, or the rcquireinents of this code arc ndcquatcly sat-
islicd by othcc means.
11 1.2 iklembcrship of board. Thc bod of appeals shall con-
sist ofa minimum of three niciiibcrs who arequalilicd by cxpc-
ricncc and training to pass on inatten pertaining to propct-ty
inaintenancc and who arc not ctnployccs of tlic jurisdiclion.
The cotlc oflicial shall be an cx-officio nieinbcr but shall havc
no vote on any ninltcr kforc thc boaitl. The bonirl shall be
aplwintetl by the chicf appointing authority, and shall scrvc
1 11.2.1 Alternate menibers. The chid appointing author-
ity shall appoint two or niorc nltcrnatc mcmbci-s who shall
be called by thc bocud chairinan to 1ie;ir oppeals tluring the
nbscncc or clisqtiuli ficnt ion of ~i member. Alternate mcinbcrs
shall possess the qunlifications I-cquircd for board member-
ship.
111.2.2 Chnirman. The bod shall annually sclcct one of
its members to scrve iis chairinan.
11 1.2.3 Disqiialitication of riictiibcc A tnenibcr sliall 1\01
hear an appcal in which that nicinbcrhas a personal, prol'cs-
sional or fin:incral intcicst.
111.2.4 Secrctary. The chief administrative officcr shall
dcsignatc ii qualilied pcr'son to sccvc as secretary to the
board. The secretary shall lilc a dctailcd record oF all pro-
ceedings in the ol'licc of tlic chief administrative ol'ficcr.
11 1.2.5 Compensation of nicmbcrs. ConipensaIioii ol'
members shall be dctci tnincd by law.
ht:~ggei ctl at1d ovchp1lttig tcrlns.
111.3 Notice of meeting. The board shall niect upon notice
from the chairman. within 20 days of the filiag of an appeal, or
at statcd periodic mectings.
111.4 Open hearing. All hearings before the board shall be
open io the public. Thc appellant, tlic appellimt's i.cpresenta-
tivc, the code oTficii\l ant1 any person whose ititcrcsa arc
affcctcd shall bc given an oppoilunity to bc lieard. A quorum
shall coiisist of not less than two-thirds of the board mctnber-
ship.
111.4.1 Procedurc. The board shall adopt and make avail-
able to the public through the secrelary procedures under
which a hearing will be conduckd. The procedurcs shall not
require cooipliatice with strict rules of cvitlence, but shall
iiiandotc that only rclevant information be received.
111.5 Postponed Ilearing. When the full board is not present
to hciu a11 appcd, either thc iIpplliInt or the appellant's EPIC-
sctitativc shall have the right to itquest a postponemcnt of tlic
Iicaring.
111.6 Board decision. The boairl shall inoclify or rcvcrse the
decision of the code official only by a concurring vote of a
majority of the total tiuinber of appointed board menibcrs.
111.6.1 Records and copies. The dccision of the board
shall be recorded. Copies shall be lbrnishctl to the appellant
and to the code official.
111.(,.2Adniinistr;ltion.TIiccodco~~cial shall takc immc-
diate action in accordance with the decision of the board.
111.7 Court review. Any pcrson. wlicthcr or not ii previous
party of the appcal, shall have thc right to apply to tlic nppropri-
atc court Tor a writ or ccrtiorari to correct errors of law. Appli-
cation for rcvicw shall be made in the manner and tiiiic rcquirccl
by law following the filing of the decision in tlic office or tlic
chicf atliiiinistrativc olliccr.
111.8 Stays of enfotrenicnt. Appeals of notice and oiders
(othcr than Ininiinciit 1hngc:cr notices) shall stay thc enforcc-
mclit of the ti011ce d order unlil ilic tIi)~)CiIl is he;id by the
appcals board.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ 5
6 2006 INTERNATtONAL PROPERTY MAINTENANCE CODE@
CHAPTER 2
DEFINITIONS
SECTION 201
GENERAL
201.1 Scope. Unlcss otherwix expressly slatcd, the Following
term shall, For the purposes of this code, have the ineitnings
shown in this chaplet..
201.2 Interchangeability. Words stated in thc prcsent tense
include tlie future; words stated in the masculioc gcnder
includc the fctninine and ncutcr; the Sil1gttlitl’ nuinber includcs
the plural and lhe plural, thc singular.
201.3 Terms defined in other codes. Whcre tcrms arc not dc-
fined in this codc and are clefincd in the I~i/erirci/ioi~crl Bitildiiig
Code, Inreriiutionul Fire Code, Iiit~ritutioiid Zoiiiitg Code, In- I teriiuiiuwl ~tiiin~iiiig Cocle, Inrerriutiorto~ Mec/iunical code or
the ICC Elecwicd Corle, such terms shall have lhe meanings
ascribed to them as staled in those codes.
201ATerms not defined. Where tenns are not defincd through
the methods authorized by this section, such term shall have
ordinarily riccepted meanings such as tlic contcxt implies.
201.5 Parts. Whcncvcr the words “dwelling unit,” “dwclling,”
’* p rcm i scs ,” “bu i Itl i ng ,” “roo ni i n g house,” “rooming 11 n i 1”
“housekecping uliil” or “story” arc stated ill this code. Ihcy
shall be construcd as though they WCI‘C followcd by lhc words
“or any part tliercof.”
SECTION 202
GENERAL DEFINITIONS
APPROVED. Approvcd by the code oflkial.
BASEMENT. ThiIt portion of a building which is partly or
coitiplctely below gratlc.
BATHROOM. A i~~iii con taioin g plumbing ti x turcs i nclutl-
iiig it bathtub or showcr.
B&l>ROOM. Any rooin 01‘ spacc used or iiitcndcd Lo bc used
for sleeping purposes in cilhcr il dwelling 01’ slccpiiig unit.
CODE OFVICIAL. The official who is chargcd with thc
adniinistration ontl etiforccinciit of this code, or any cluly
nuthorizcd representative.
CONDEkIN. To adjudge unfit for occupaiicy.
[B] DWELLING UNIT. A single unit pioviding complete,
intlcpcndcnt living facilities for otic or inorc persons, including
pcrnianent provisions For living, slccping, cating, cooking and
siiii i tat ion.
EASEMENT. That potlion of land or propcrty reserved lor
prcscnl or lirtiirc usc by a person or iigciicy other lhirii the lcgal
fcc owncr(s) of the property. Thc casciiienl shall bc pcrtnittcd
to bc for use under, on or above a said lot or lob.
EXTERIOR PROPERTY. The open spacc on thc pieinises
and on adjoining pmpcrty undcr thccontrol of owners or opcra-
tors of such pi-einises.
2006 INTERNATIONAL PROPERTY MAINTENANCE COOP
EXTERMINATION. The control and eliminotion of insects,
rats or other pcsts by eliminating theii* turboragc places; by
reinovirig or making inacccssiblc inaterials that scrvc as their
food; by poison spraying. Tumigating, trapping or by any other
approved pest elimination methotls.
GARBAGE. The anitnal or vcgctable waste rcsulting from the
ha tidl i ng, pmparat ion, cooking :i od cons ti nip tion of food.
GUARD. A building component or a systeni of building com-
pooaib locatcd at or near thc open sides of elevated walking
surfaces that niiniinizes tlie possibility of a fall from the walk-
ing surfacc to a lower Icvcl.
HABITABLE SPACE. Space in a structure for living, slccp-
ing, eating or cooking. Bathrooms, toilct rooins, closets, halls.
storage or tilility spccs. and similar areas arc iiot considcrcd
habitable spaces.
HOUSEKEEPING UNIT. A room or group of roonis form-
ing a single habitablc spacc equipped and intended to bc uscd
for living, sleeping, cooking and cating which docs not contnin,
within such a unit, a toikt, lavatory and bathtub or shower.
IMMINENT DANGER. A condition which could causc scri-
ous or lilt-thre;tlening injury or death at any hc.
INFFSTATTON. The prescnce, withiit 01’ contiguous IO, il
structure or prcmiscs of insccts, rats, vcrinin or othcr pcsts.
INOPICRABLE MOTOR VEHIC1,E. A vcliiclc which can-
not be driven upon thc public streets Tor rcason including but
not liinitcd to bciiig unliccnsed, wreckcd, abandoned, in :I state
ol‘tlisrcpaii; or incapablc of bciiig inovcd under its own power.
LABELEI). Devices, equipment, npplinnccs. or nutcriiils to
which has been nl‘fixcd a lahcl, seal, synibol or other itlcilliry-
ing Init1.k of 21 ntitionally recognizctl testing laboriltory, inspcc-
tion agyncy or other org;inizatioil concerned with product
evaluation that maintains pcriodic iaspcction oT the production
of the above-labclcd itcnis and by wliosc label thc inaniil‘ac-
LIIIW attcsts to coinpliancc with applicalde nationally rccog-
nizcd s1antlartls.
LET FOR OCCUPANCY OR LET. To pcrniit, provitlc or
offer possession or occupaiicy of a dwclling, dwelling unit,
rooming unit, building, prcinisc or structure by a pcrsotl who is
or is not thc lcgal owner of rccotd ihcrcof, pursuant to a written
or irriwrittcii le;isc, agrccniciit or liccnsc, or pursu:int to i~
~*ccoi*dcd or unrccortlctl agrccmcnt of contract for the salc ol‘
land.
OCCUI’ANCY. The pwposc for which ii building or portion
thereof is utilizcd or occupied.
OCCUPAN‘L Any individual living or slccping in il builditig,
or having possession of a spacc within a building.
OIWNAB1,li: AREA. That part ore window, skylight or door
which is available for unobstructctl vcntilation awl which
opens dircctly 10 the outdoors.
7
DEFINITIONS
OPERATOR. Any person who has charge, care or control of a
structure or prciniscs which is let or offcred for occupancy.
OWNER. Any person. agent, operator. firm or corporation
having it legal or equitable interest in the property; or ~zcordcd
in the official records of the state, county or niunicipality as
holding title to the property; or otlicrwise having control of the
property, including the guardian of the estate of any such per-
son. iitid the executor or administrator of the estate of such pcr-
soil if ordered to take posscssion of real property by a court.
PERSON. An individual, corporntion, partnership or any
other group acting ;ts a unit.
PREMISES. A lot, plot 01' piiixcl of land, easement or public
way, including any structures thcrcon.
PUBLIC WAY. Any sttat, alley or similar pairel of land
esseiitiiilly unobstructed froin the gmund to thc sky, which is
deeded, dedicated or otherwise permanently appropriatcd LO
the public for public use.
ROOMING HOUSE. A building ar*i*anged or occupicd for
lodging. with or without meals, Cor compensation and not
occupicd as a one- or two-family dwelling.
ROOMING UNIT. Any room or group of rooins forming a
siiiglc habitable unit occupied or intcndcd to he occupicd for
sleeping or living, but not for cooking purposcs.
RUBUISH. Combustible and noncoiiibustiblc waste niateri-
ids, exccpt garbage; the term shall inclutlc the mitlue from the
burning of wood, coal, coke and olhcr coinbustiblc materials.
paper, rags, cartons, boxes, wooti. excelsior, rubber, leather,
trec branches, yard trimmings, tin cans, iiictals, iniiieral matter,
glass, crockery arid dust and othcr sitnilnr nintcrials.
[U] SLEEPING UNI'I'. A room or spacc in which people
sleep, which can also include pecinnnent provisions for living,
ciiting anti cither sanitation or kitchen Ihcilitics, but not both.
Such room and spaccs that are also part of a dwclliiig unit arc
not sleeping units.
STRICT LIABI1,ITY OFFENSIS. An ol'fciisc iii which thc
prosccuhn in a Icgitl procectling is not required to provc crinii-
nal intent as n part of it.. case. It is cnough to prove that the
clefendant cithcrclitl iin act which was prohibited, or failctl to do
an act which thc tlcfcntlant was Icgally rcquirectl to do.
STRUCTURE. That which is built or constructcd or a porlion
t heleof.
TENANT. A person, corporation, partiicrship or group,
whether or 1101 the legal owner of record, occupying a building
or portion thereof iis n unit.
TOILET HOOM. A room contailring it walcr closet or urioal
but not it bathtub or showcl:
VENTI1,h"ION. The natural or iiicclianical process of sup-
plyiiig contliIioncc1 or unconditioned air to, or rcrnoviiig such
air from, any spacc.
WORKMAN1,IKE. Exccutcd in a skillcd inanncq e.&, gcn-
elally plumb, Icvcl, stluiirc, in linc. uildatliaged and without
marring adjacent work.
YARD. An opcn spacc on the same lo1 with a stiucture.
8 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE'
CHAPTER 3
GENERAL REQUIREMENTS
SECTION 301
GENERAL
301.1 Scope, The provisions of this chapter shall govcrn tlic
minimum conditions ant1 thc responsibilities of persons for
inaiiiteiimicc of structures, equipmcnt and cxterior ptaperty.
301.2 Responsibility. The owner of the premises shall niain-
cain the 9tructurcs and cxterior property in collipliillicc with
thcsc itquiremenis. except as othcrwise provided for iii this
codc. A person shall not occiipy as owner-occupant or pertnit
another person to occupy piemises which arc not in a sanitary
and safe condition aiitl which do not comply with the rcquirc-
inents of this chaptcr, Occupants of a dwclling unit, rooming
unit or housckecping unit are icspoosible for keeping in a
clcan, sanitary and safe condition that part ofthe dwelling unit,
rooming unit, housekceping unit or prcmiscs which they
occupy and control.
301.3 Vacant structures and land. All vacant structu~cs aiid
prcmises theicofor vacant Ia~id shall be maintaincd in a clcan,
safe. securc and sauilary condition as provitlcd herein so iis not
to C~USC a blightiug problem or adversely affcct the public
hcalth or safcty.
SECTION 302
EXTERIOR PROPERTY AREAS
302.1 Sanitation. All cxtcrior property and prciniscs shall be
maintaiiicd io a clean, safe and senitary condition. The occu-
paiit shall kccp that part of the cxtcrior propcity which such
occupant occupies or controls in aclcan aiid saiiitary condition.
302.2 Grading 2nd drainage. All prcinises shall be gradcd
ittit1 tnaiiitaincd 10 prcvcilt thc crosioa of soil id to prevent thc
accuniulntion ofstiagiiarit water thercon, or within any sIiwtui'e
locatctl lhcrcorl.
Exceptios: Approved rctcntion arcits and rcsci voirs.
302.3 Sidewalks and clrivewnys. All sitlcwalks, walkways,
stiiirs, tlriveways, parking spaces and similar aicas shall be kept
in a proper sliitc of rcpair, and inaintainetl fi-cc from hazardous
conditions.
302.4 Weeds. All prciniscs ;tiit1 cxterior propcrty shall bc maiii-
taiiictl frcc from wcccls or plant growth in excess of (jurisdic-
tion to iiiscrt height in inchcs). All noxious wccds shall bc
prohibited. Wecds sh:ill bc tlelinetl as all grasses. aliliuiil plants
uiitl vcgetadon, othcr than tiyes or shrubs providcd; howcvcr,
this tcriii shall not include cultivatcd llowcrs and gartbiis.
Upon l'rtilurc of thc owner or ageiir having charge ol'a prop-
erty to cut iiiitl tlcstiuy weeds after scrvice of a noticc of viola-
tion, they skill be subjcct to prosecutioti in accortlence with
Section 106.3 and as prescribed by tlic authority having juris-
diction. Upon rail tire to comply with tlie iioticc ol' violation,
any duly ituthori/&d cinployce of thc jurisdiction or contractor
hired by the jurisdiction shall be iWtholiXcd to enter upon tlie
property in violation and cut aid destroy the wccds growing
thcrcoii, and tlic costs of such removal shall be paid by the
owner or agcnt responsiblc for the property.
302.5 Rodent harborage. All structures airtl exterior property
shall bc kcpt lice from rodent harboixgc slid infcstation. Where
rodents are found. they shall be promptly cxtcrminated by
approved processes which will not be injurious to human
health. After extcrmination, proper precautions shall be iaken
to eliininatc rodcnt harboragc and prevcnt izinl'cstatioii.
302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers
shall not discharge gases, steam, vapor, hot air, gitase, smokc,
odors or other gascous or particulate wastes directly iipoii abut-
ting or adjacent public or privatc property or that of anothcr
tenant.
302.7 Accessory structures. All accessory stluctuios, includ-
ing tletached garages, fences atid walls, shall be maintained
structurally sound and in good repair.
302.8 Motor vehicles. Exccpt as provided for in other rcgula-
tions, 110 iiiogerative or uiilicciised motor veliiclc shall be
parketl, kepi or stoizd on any prcmiscs, and no vehiclc shall at
any time be in a state of major tlisasscnibly, disrepair, or it1 the
pmccss of being stripped or tlisiiiantlcd. Painting ol' veliiclcs is
prohibited unlcss conducted inside an approved spray booth.
Exception: A vchiclc of any typc is pcriiiittetl to undergo
major ovcrhaul, including body work, provitlctl that such
work is pcrfoi*mcd iiisitle a structure or similarly enclosctl
arca dcsignctl and approved for such purposes.
302.9 Defacement of property. No person shall willflilly or
wantonly d;unsgc, mutilatc or dcfacc any exterior surface of
any structuic or builtling on any privatc or public propcrty by
placing thcrcoii aiip marking, carving or yrnfl'iti.
It shall bc tlic icspoiisibility of thc owiicr to rcstore said stir-
face to iiii approvcd statc of maiutencuice and repair.
SECTION 303
SWIMMING POOLS, SPAS AND HOT TUBS
303.1 Swimming pools. Swiminiiig pools shall be niainlained
iti a clcaii and sanitary condition, aiid in good rcpirir.
303.2 Enclosures. Pr~vatc swimiiiiiig pools. hot tubs ant1 spas,
containing water more than 24 inchcs (GI 0 irini) in tle~itli ShiIll
be complctely surrounded by a bicc or' barrier at Icast 48
inchcs (I 2 IO inin) in Iicight above ttic liiiislictl ground lcvcl
measuird on the side of the barricr away froin tlic pool. Getcs
and doors in such barriers shall bc sclf-closing aiid sell-latch-
iiig. Wlicrc tlic sclf-latclii~igdcvicc is lcss than 54 inches (I 372
mm) above the bottom of tlic gatc, thc release iiicclianism shall
bc locatcd on the pool side of the gatc. Sclf-closing arid sclf-
latching gates shall bc maintained such that the gatc will posi-
tively close and latch whcii rcleased from an open positioa or6
inchcs (I 52 mm) from thc gatepost. No cxistiiig pool cnclosurc
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ 9
GENERAL REQUIREMENTS
shall be removed. replaced orchanged in a niiiiincr that reduces
its effectiveness as a safety barrier.
Exception: Spas or hot tubs with i\ safety cover that com-
plies with ASTM F 1346 shall be exempt from the provi- I sions of this section.
SECTION 304
EXTERIOR STRUCTURE
304.1 General. The exterior of n structurc shall bc maintained
in good repair, structurally souiid and sanitary so tis not to pose
a threat to thc public health, safety or wellarc.
304.2 Protective treatment, All exterior surl'aces, including
but not limited to, doors, door iind window frames, cornices,
pmhcs, trim, balconies, decks and fences shall be muintainctl
in good condition. Exterior wood surfaces, other than decay-
resistant woods, shall be protected from thc elements aoci
decay by painting or other protective covering or treatment.
Peeling, flaking and chipped paint shall beeliminated and sur-
faces ltpintcd. All siding and mnsonry joints as well as those
between the building envelope and the perimctcr of windows,
doors, niid skylights shall be maintained weather resistant and
water tight. All nictal surfaccs subjcct to rust or corrosion shall
bc coatctl to inhibit such litst and corrosion and all surfaces
with rust or corrosion shall be stabilized and coated to inhibit
futurc rust and cori-osioii. Oxidation stains shall he removed
rrom exterior surfaces. Surfiaces dcsigncd for stabilization by
oxidation arc cxcnipt from this rcqiiiixnient.
[F] 304.3 Preniises identification. Buildings shall have
approved addicss nunibcrs placed in a position to be plainly
Legible and visible froin [lie street or roacl fronting thc propeily.
These numbers sliiill contrast with thcir bitckgi40untl. Acldrcss
nuinbers shall be Arabic numcr:ils or alphabet letters. Numbers
shall bc a minimum 01'4 inches (102 mm) high with B minimum
stroke width of 0.5 inch ( 12.7 inin).
304.4 Striictiiral menil)eix All structural nicnibers shall be
niaintaiiictl free rroni tlctcrior;ition. end shall be capable of
sal'cly suppoiling tho imposed dead and live loads.
304.5 Foundation walls. All foutdatioll walls shall bc luitili-
tainccl plumb iuid frcc Froin opcn cracks eiacl brc;iks ant1 shall bc
kcpl in such condition so 11s to prcvcnt the entry ofrotlcnts mad
othcr pests.
304.6 Exterior walls. All exterior walls sliiill be frec from
holes, brcaks. iuid loose or rotting materials; ad inaintainetl
weathcrproor and properly surface coated whcrc reciuiiul to
prevent tlctcrioration.
304.7 Roofs and drainage. The roof ;tiid Ilasliing shall be
sound. tight antl not have defects that admit rain. Roof drainage
shall bc adcclu;itc to prcvcnt tlaiiipness or dctcrioration in the
walls or interior portion 01' the structure. Rool' tliains, guttcrs
and downspouts shall be niaintainctl in good repair nnd free
from obstructions. Roof watcrshall not bedischarged in a nian-
ncr thiU crciitcs a public nuisancc.
304.8 Decorative features. All cornices, belt courses, corbcls,
terra cotta trial, wall facings cind similar decorativc Ibatuixs
shall bc li~i\ilitiliiictl in good repair with proper nnchoragc anel
in ;I safc condition.
304.9 Overhang extensioirs, All overhang extensions includ-
ing, but not limited to canopies, marquees, signs, metal awn-
ings, tirc escapes, standpipes and exhaust ducts shall be
maintaincd in good wpsirand be piupcrly anchoml so as to be
kept in $1 sound condition. When ivquiretl, all cxposed surfaces
of metal or wood shall be pi-otected from the elements and
against decay or iust by periodic applicutioo of wcrithcr-coat-
iiig materials, such as paint or similar surface treatment.
304.10 Stairways, decks, porches and balconies. Every cxte-
rior stairway, deck, porch and balcony, and all uppurtenanccs
attached thercto, shall be inaintained structurally sound, in
good repair, with proper anchoragc and capable of supporting
tlic imposed loads.
304.1 1 Chimneys and towers. All chimneys, cooling towers,
smoke stacks, and siinilar appurtenances shall be ninintainctl
stntcturally safe antl sound, antl in good rcpaii: All cxposed
surfaces of iiictal or wood shall be protected from the eletnciits
and against dccay or rust by periodic application of wcather-
coating materials, such as paint or similar siirface trcatnicnt.
304.12 Handrails and guards. Eveiy handrail and guard shrill
be firmly fastened and capableof supporting normally imposed
loads and shall be maintained in good condition.
304.13 Window, skylight and door frames. Every window,
skylight, door illltl franic shall bc kept in sound condition, good
repair and weatlicr tight.
304.13.1 Glaxing. All glazing matcrials shall be tnainlaiticd
rrec froin cracks and holes.
304.13.2 Openable windows. Every window, other thiin :i
fixcd window, shall bccasily opcnablc and capable of being
held in position by window hnrdwarc.
304.14 Insect screeiis. During the period from [DATE1 to
[DATE], every tloor, window and other outsitlc opening required
for ventilation of liabitable roonis, food preparation :ireas, food
scrvice arcas or any arcas whcrc proclucts to be inclutlcd or uti-
lized in 1'wtl for human consutnptioii ai'c: proccsscd, mnnuliic-
tui-cd, packaged or stoi.cd shall be supplied with approved
lightly litting sciwns of not less than 16 mcsli per inch (I 6
itiesli per 25 min), trntl cvcry SCI'CCII door usctl Tor insccicontrol
shall have ;I self-closing dcvice in good workiiig condition.
Exception: Screens shall not be recpircd whcrc other
tippmvctl means, such as aircurtains or insect repcllcnt Cans.
are employed.
304.15 Doors. All extctk)r doors, door assciiiblies arid liai'tl-
wiiit shall be maintained in good condition. Locks at all cn-
trances KO dwelling units anel sleeping units shall tighrly scciire
thc door. Locks oii means olcgrcss doots shall be in accortlaticc
with Section 702.3.
304.lG I%asemcnt Iiatcliways. Evcry basciiicnt hatchwiiy shall
be inaintaincd to prcvciit the cntrancc or rodents, lain iind sur-
kicc tliainagc watcr.
304.17 Guards for basenleiit windows. Every bascinelit win-
dow that is openablc shall be supplied with rotleal shields,
storiii windows or other approvcd protection against the cntry
of Indents.
I
10 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@
GENERAL REQUIREMENTS
304.18 Building security. Doors, windows or hatchways for
dwelliiig units, rooin units or housekeeping units shall be pro-
vided with devices designed to provide security for the occu-
pants nnd property witliin.
304.18.1 Doors. Doors providing acccss to adwelling unit,
rooming unit or housekeeping unit that is rented, lerisccl or
let shall be equipped with a deadbolt lock clcsigiicd to be
readily opecable from the side Troiii which egrcss is to be
made without the need for keys, special knowledge or elTort
and shall have ii lock throw of not less than I inch (25 mm).
Suchdeadbolt locks shall be iiistullctloccording to thc inan-
ufacturer's spccifications and inainkiincd in good working
order. For the purpose of this section, a sliding bolt shall not
304.18.2 Windows. Opcrable windows located in whole or
in l)i\lI within 6 Ccct (1828 mm) above ground level or a
walking surlhce below that piwide access to ;I dwelling
unit, rooming unit or housckccping unil that is rented.
be consitlcrctl an acceptable tlcadbolt lock.
leased or let shall be equipped with a window sash locking
device.
304.18.3 Basement hatchrvays. Bascmeni hatchways that
provide access 10 i\ dwclling unit, rooming unit or house-
keeping unit that is rcnted, leasctl or let shall bc equipped
with tlcviccs thiIt secui'c tlic units from uiiauthorizcd entry.
I
I)
SECTION 305
INTERIOR STRUCTURE
305.1 General. The interior of ti siructurc ad ccpipi~icnt
thcrcin shall bc maiiitaincd in good repair, striictiiinlly sound
and in a sanitary condition. Occupents shall keep that part of
thc slriicturc which they occupy or coiicrol in a clean iuid sani-
tary contlitioii. Every owner of a structiirc containing a room-
ing house, housckccpiiig units, it hotel, a dormitory, two or
iiiorc clwclling units or two or inorc nonrcsitlcnti:d occupan-
cics, shall iiiaiiitain, in a clcaii and satlititl'y condition, thc
sliitrctl or public arci\s of Lhc strilcturc ;nit1 cxtcrior propcrty.
305.2 Structural iiienibers. All structural riiciiibcrs shall be
iiiaiilbaiilcd StrtIcturiilty soulid, tt~l be capitblc 01 supporting
the iinposcd loads.
305.3 Interior sorfaces. All interior sui~rr\ccs. including win-
dows nncl tloors, shnll be niaiiitaioctl in good, clcau ant1 sanitary
condition. l'celing. chipping, llakiiig or abmtlctl paint shall be
rcpired, rcinovcd 01. covcreil. Cracked or loose piaster,
cleciiyed wood and othcr defcctivc surfacc contlitioiis shall bc
corrected.
305.4Slairs and walkingsurfaces. Every stair, raiiip, lautling.
balcony, porch, deck or other walking sui~l~ice shall hc main-
toincd in sound condition arid good repiIil'.
305.5 Huntlrnils iiiitl glliIrtls. Evcry haiitlniil and guard shall
be liriiily fastened aiitl capablcofsupl,ortiiig iiorm;tlly imposecl
IOidS nnrl shall bc maiiitainctl in good condition.
305.6 Interior doors. Every interior door shall fit re:Isoii;ibly
well within its Irme and Shiill be capable of being opictl niicl
closcd by being properly aitd sccurely attachctl to jambs. head-
crs or tracks as intcndecl by thc manufacturer oftlie attachnicnt
hardwalr.
SECTION 306
HANDRAILS AND GUARDRAILS
306.1 Genernl. Every extcrior and interior flight of stairs hav-
ing more than four risers shall have ahandrail on onesideofthe
stair and every opcn portion of a stair, landing, balcony, porch,
deck, rrriiip or other walking surlacc which is niorc than 30
inchcs (742 mm) above the floor or grade below shall have
guards. Handiails shall not bc less than 30 inches (762 inm)
high or nioir: tlian 42 iiiclics (lM7 mm) high ineasiircd vcrti-
cally above the nosing ofthe ti-ead or abovc the linishcd floor of
the landing or walking surfaces. Gu;irds shall not be less than
30 inches (762 mm) high above the lloor of the landing, bal-
cony, porch, dcck, or raiiip or other walking surface.
Exception: Guards shall not be rcquircd whcre cxemptcd
by the adopted building codc.
SECTION 307
RUBBISH AND GARBAGE
307.1 Accumulation of rubbish or garbage. All extcrior
propcrty and pieiniscs, and tlic interior ol'evcry slnicture, shall
bc free I'iuin any accumulation of rubbish or garbage.
307.2 Disposal of rubbish. Evcry cxcupant of a structurc shall
dispose ol'all rubbish in a clcan :uid s;uiitary niaiiiier by placing
such rubbish in approved containets.
307.2.1 Rubbish storage facilities. The owner of evcry
occupied premiscs shall supply approved covciwl contain-
ers for rubbish, and the owner of the premises shall be
responsible for the rciiioval of rubbish.
307.2.2 Refrigerittors. Refrigerators and similar cquip-
iiietit not in opcration shall not be cliscardctl, abandoned or
stored on premises without first rcmoviiig thc doors.
307.3 Disposal of garbage. Every occtipini ofa structurc shall
dispose of garbage in a clean and sanitary iiiaiiiicr by plrtcing
such gwbage iri iui approved garbitgc disposal I'ncility or
itpprovcrl garbage coiitaincrs.
307.3.1 Garbage facilities. The owner of every dwelling
shall supply oiic of tlic following: an q~provetl mcchitnical
li~od waste grinder iii cadi dwclliiig unit; an approved incin-
erator unit in the structure nvailnblc to !lie occqxuits iii ench
dwelling unit; or :in npprovctl Icakprool', covcixd, outside
garbage container.
307.3.2 Contnincrs. The opcratoi- of every cslablishinent
producing garbage shall provitlc, and at all times ciiiisc to bc
uti1 izccl, approved Icakproo 1' con taincrs provitlccl with
close-fitting covcrs for die storagc of such materials until
rcmovcd from the prciniscs lor disposal.
SECTION 308
EXTERMINATION
308.1 Infestation. All structui-cs shall tic kept free from insect
and rotlent iiiltstation. A11 stnicturcs in which inscck or
roodc~it~ iire foulid shall be prolilptly exterriiiiiatctl by :~ppro~~tl
proccsscs that will not be injurious to human health. Aftcr
cxtennination, proper prccautions shall be takcn (o prevent
rcinfestation.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE? 11
GENERAL REOUIREMENTS
308.2 Owner. Thc owner of any sti-ucturc shall be responsible
for extermination within thc shuctiiit prior to renting or leas-
ing thc structurc.
308.3 Single occupant. The occupant ofti onc-family dwelling
or of a single-tcnant nonresidential structure shall be rcsponsi-
hie for extermination on the prcmises.
308.4 M~iltiple occupancy. Thc owncr of u structum conkiin-
ing two or niore dwelling units, a niultiplc occupancy, a room-
ing housc or :i nonresidcntial structuw shall be iwponsiblc for
cxtermination in thc public or shared arcas of the structuic and
exterior property. If infcstation is causcd by failure of an occu-
pant to prevent such infcstation in thc iwa occupied, the occu-
punt shall be responsible for cxtcrminntion.
308.5 Occupant. Thc occupant of any sti-uctiire shall be
ixsponsible foI the continued rodent and pest-frce condition of
thc sbucturc.
Exception: Where thhc infestations arc caused by defccts in
the structurc, thc owner shall bc rcsponsible for cxtci~iiina-
t1011.
12 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE"
CHAPTER 4
LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
SECTION 401
GENERAL
401.1 Scope. Thc provisions of this chnptcr shall govcrn the
minimum conditions ond standards for light. ventilation and
space kw occupying a stiucture.
401.2 Kesponsibility. The owaer of the structure shall providc
and niaintain light. ventilation and space conditions in cotnpli-
imcc with thcse iequircmcnts. A pelson shall not occupy as
owner-occupant, or perinit another person to occupy, any pre-
iniscs that do not coinply with tlic i-cquiremcnts of this chaptcr.
4013 Alternative devices. In Iicu of thc mcans lor natural
light antl ventilation herein prescribed, artificial light or
mcchanical ventilation complying with tlic Iiirmtcrtioiid
Builtliug Code shall be permitted.
SECTION 402
LIGHT
402.1 Habitable spaces. Every habititble spiicc shall have at
least oiic window of approved size racing tlircctly lo the out-
doors or to ii couit. The minimum total glazed area for every
habitiiblc space shall bc 8 pcrccnt of thc floor tima of such
room. Whcrevcr walls or othcr portions of a structuir: face ;i
window of any rooin and such obstructions iiic located lcss
tlriin 3 fccl (914 mm) from the window and extend to a lcvcl
ithove that of thc ceiling of tlic room, such window shall not he
dceriictl to face clircctly to tlrc outdoors nor to ;I COUII and shall
not bc inclutlcd as contributing to the requircd ininirnum totiIi
window arcii for thc rooin.
Kxception: Whcrc natural light for rooms or spaccs without
exterior glaing arcits is provided through an adjoining
room, the unobstructed opening to the adjoining room shall
be ai least 8 peircnt of the floor arcii of thc interior roan or
spacc, hut not lcss thnn 25 square I'cet (2.33 in2). Thc cxte-
rior glwiiig area shall bc based on thc total Iloor area being
served.
402.2 Coliinion halls and stairways. Evcry coniinon hall and
stairway in rcsitlential occupancics, othcr th:in in oiic- and two-
liiinily dwellings, shall be lighted i\t all iiiilcs with a1 lcast it 60-
watt standard incantlcsccnt light hulb for each 200 squcirc fcet
(I 9 inz) of lloor tirca or cquivalcnt illuiniiration, provitlctl that
the 'ipacing bctwccn lights shull not bc grcatcr thae 30 feet
(9 I44 mnr). In oilier th:m rcsitlcntial occiip~incics, inciins of
egrcss, including cxtcrior incans of cgrcss, stairways shall bc
illuminiitcd at all tiincs tlic building spacc wrvctl by the incans
ol'cgrcss is occupictl with a inininiuin of I footcandle (I I lux)
ai floors, landings aiid ti-cads
402.3 Other spaces. All othcr spiiccs shall bc provided with
nntural or artiticiai light suflicient to pelinit the nlaiiitenancc of
saiiitary conditions, and thc sih occupancy of the spacc itlid
utiliziiiion or thc applianccs, equipment and fixturcs.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@
SECTION 403
VENTILATION
403.1 Habitable spaces. Evcry habitable space shall havc at
leiist one opcniible window. The total openable nKii of tile win-
dow in every rooin shall be cqiial to at lcilst 45 pcrcent of tlrc
minimum gla~ccl am required in Section 402. I.
Exception: Whcrc rooms and sprtccs without opcniugs to
the outdoors are vcntilated through an adjoining room, the
unobsti-uctcd opening to [he adjoining room shall be at Icast
8 percent of thc Iloor area of thc interior room or space, but
not less than 25 square feet (2.33 id). The ventilation opcn-
ings to tlrc outdoors shall bc based on a total floor area bcing
vcnlilated.
403.2 Batlrrooms and toilet moiiis. Evcry bathroom and toi-
let rooni shall comply with the vcntilation rcquirements for
habitablc spaccs as requii-cd by Section 403. I, exccpt that a
window shall not bc trquiird in such spaccs cquipped with a
mechanical vcntilation system. Air exhausted by a mechanical
ventilation system from a bathroom or toilct room shall dis-
charge io ttic outdoors and shall not bc rccirculatcd.
403.3 Cooking facilities. Uiilcss ilpprOvetl thi.ough thc certili-
cate of occupancy. cooking Shiill not be pcrinittctl in any rooin-
ing imil or clormitory unit. ant1 a cooking facility or appliancc
shall not be prniittcd to be present in the rooming unit ordor-
iiiilory unit.
Exceptions:
I, Whei-c spccil'ic;illy approved in writing hy thc codc
official.
2. Deviccs such as coffee pots antl microwave ovcns
shall 1101 bc considcied cooking ilppli:illccs.
403.4 Process ventilation. Whcrc injurious, toxic, irritating or
noxious rumcs, giiscs, dusts or mists iltz gcilcwted, a local
exhaust vcntiliition systcm shall be providcd to i-cinovc thecon-
taminating agent :it the soui'ce. Air shall be exhaustctl to the
exterior itld 1101 bc recirculated 10 any space.
403.5 Clothes dryer exhaust. Clothes clrycr exhaust systcnis
shall be intlependctit of all other systems aiid shall bc exhausted
in accorclancc with the maiiuF;icturcr's instructions.
I
SECTION 404
OCCUPANCY LIMITATIONS
404.1 Privacy. Dwclliiig units, hotcl units, housckccping units,
rooming units and dormitoiy units shall bc arranged to provide
privacy antl be scparale from othcr atlJoillillg spaccs.
404.2 iVIininintii roo111 widths. A habitable iwoni, othcr thaii :I
kitchen. shall not he lcss than 7 fcet (2134 mm) iii any plan
dimension. Kitchens shall havc a clcar piissageway of no1 lcss
13
LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
than 3 fcct (914 mtn) betwccii counterfronts antl appliances or
countcrfronts and walls.
404.3 Minimum ceiling heights. IIabitablc spaces, hallways,
corridors, laundry areas, bathrooms, toilct rooms and habitiiblc
bascment arcas shall have a clear ceiling height of not lcss tllm
7 fect (2 I34 mm).
Exceptions:
I. In one- and two-family dwellings, bcams or girdcrs
spaced not lcss than 4 fcct (12 I9 mm) on center and
projecting not mot? than 6 inches ( 152 mm) below the
rcquircd ceiling height.
2. Bascmciit rooms in onc- and two-family dwellings
occupied cxclusively for liiuntlry, study or recreation
purposcs, having a ceiling height of not less than 6
Tee1 8 inchcs (2033 mm) with not less than 6 I'cet 4
inches (1932 mm) of clear height under bcams, gird-
CIS, ducts and similar obstructions.
3. Rooms occupied exclusivcly for slecpiiig, study or
similiir purposes and having a slopcd ceiling over all
or part of the room, with a clear cciling height of a1
least 7 fcet (21 34 mm) over not less than onc-third of
thc required miiiimuni floor aim. In calculating thc
lloor arei of such iwoins. only those portions of the
floor mu with ii clcar ceiling hciglit of 5 fcct (I 524
mm) or iiiorc shall bc included.
404.4 Uedrooni and living rooin requirements. Evcry bcd-
i'ooni and liviiig room shall comply with the rcquirciiients oI'
Sections 404.4. I through 404.4.5.
404.4.1 Room area. Every living roo111 sh;ill conlain ilt
least 120squaic fcct( I I .2 in') andcvcry bedroom shall con-
tain 81 least 70 squarc fcct (6.5 in2).
404.4.2 Access from bedroom. Bctlrooins shall not coli-
stitutc thc only incans of access to othcr bctlrooms or liabit-
ablc q>accs and shsll not serve as thc only ineaiis orcyrcss
Croin other habitiiblc spaccs.
Exception: Units that contain Tcwcr than two bctli.ooms
I
404.4.3 Wntcr closet accessibility. Every beclrooiii shall
havc iicccss to ;it least one watcr closct and onc lavatory
without piiswig 1hi.ough aliothcr bedroom. Evcry bctltvom
iii a dwelling unit hii ill havc acccss to at least 011c WiitCr
closct and I;w;itory located in thc same story as the bcdiwoin
404.4.4 Prohibited occupancy. Kitchens and nonhabitnblc
spi~ccs shall not bc usul Tor slccping purposcs.
404.4.5 Other requirements. Rcdrooins shall comply with
[lie applicablc pi'ovisions ol'this codc including, but not Irm-
itcd to, the light, vciitilstion. inom mil. ceiling height ant1
room width rcquitwiicnts of this chaptcr; thc pluinbing
l'aciliiics niitl w;tkr-hcilIil1g facilitics rcquircmcnts of CIiiIp-
tcr 5; tlic heiituiig facilitics aid clectricnl rcccptaclc requirc-
mciits of Chaptei 6; and thc smoke dcteclor and cincrgcncy
escapc rcquiicineiits of Chapter 7.
404.5 Overcrowding. Thc number or pcrsons occupying a 1 clwclliiig unit shall not crcclitc contlitions that. in thc opinion of
Of ill1 LldJ,?cCllt Story.
I the code official. entlaiigcr the life, health, safcty or wclRre of
thc owupanis.
404.6 Efficiency unit. Nothing in this scctioii shall prohibit an
efficiency living unit Twin mccting the rollowing rcquire-
nients:
1. A unit occupied by not inorc than two occUpiWtS ~1~~111
have a clcar floor urea of not lcss than 220 squarc fcet
(20.4 in?). A unit occupied by three occupants shall have
a clcar Iloor area OF not lcss than 320 aqirarc I'cct (20.7
in2). These requircd iircas shall be exclusivc of thc arcas
rcquird by Items 2 and 3.
2. The unit shall be piavitlcd with a kitchen sink, cooking
appliance and refrigeration facilitics, each having a clear
workiiig space of not lcss than 30 inchcs (762 111111) in
front. Light and ventilation con~orming to this codc shall
bc provided.
3. The unit shall be pi*ovidcd with a scpaintc bothroom coii-
taining a water closct, liivatory and bathtub or shower.
4. Thc mnxiinum number of occupants shall be thrcc.
404.7 Food preparation. All spaces to bc occupied for food
preparation purposes shall contain suilnble space and cquip-
iiicnt to store, prcparc and scrve foootls in a sanitary iiiaiiner.
Thorn shall be ndequate filcilirics and services lor thc sa1iitiil.y
disposal of food wastes antl rcfiisc, including I';tcilitics Tor tcni-
c
pOl-Wy St0r;lge.
14 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@
CHAPTER 5
PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
SECTION 501
GENERAL
501.1 Scope. The provisions of this chiiptcr Shiill govern thc
minimum plumbing system, facilities and plumbing fixtures
to be provicled.
501.2 Responsibility. Tlic owiicr ofthc structure shall providc
and inaintaiii such plumbing facilitiesaiid plumbing Iixtuies in
compliance with thcse requii-cnicnb. A person shall not occupy
as owner-occupant or perriiit another person LO occupy tiny
structure or premises which does not coinply with the rcquirc-
mcnts of this chaptcr.
[PI SECTION 502
REQUIRED FACILITIES
502.1 Dwclling units. Evcry dwelling unit shall contain its
own bathtub or shower, lavatory, water closet and kitchen sink
which shall bc maintninetl in a saaivary, safe working contli-
lion. The lavatory shall be placed in the same room :IS the water
closct or loc;itcd in close proximity 10 the door lending directly
iiilo the room in which such water closet is located. A kitchen
sink shall not bc used as :I substitute fortlie required lavatory.
502.2 Rooming home% At Least oiic water closet, lavatory iiiid
bathtub or shower shall be supplicd for cach four rooming
it ii its.
502.3 Hotels. Whcrc private watcrcloscts, lavatories and baths
arc not provitlcd, oiic water closet, oiie lavatory and oiie bsth-
tub oi*showerhaviiig access from ii public hollway shall be pro-
vided for cach ten occupcints.
502.4 Ewployees' facilities. A minimum of ow water closet,
one lavatory antl oiic drinking facility shall be available to
502.4.1 Drinking hcililies. Drinkiiig I'acililics shall bc a
clrinking Fountain, waicr coolei, bottlcd wntcr coolcr or (lis-
posablc cups next to a sink or wiitcr dispenser. Drilikiiig
facilities shall not be locatccl in toilct iuoins or bathrooins.
cllrployccs.
[PI SECTION 503
TOILET ROOMS
503.1 Privacy. Toilet rooins and bathrooms shall providc pl.i-
vacy and sliall iiot constitute tlie only pa~~age~iiy to a hall or
other space. or to tlic cxterioi: A door and interior lockiiig
clcvicc shall be provitlcd for all coliinion or shnrcd bathrooins
antl toilct rooins in a multiple dwelling.
503.2 Location. Toilet rooins iuicl bathrooms scrviiig hotel
units, rooming units or tloriiiitory uiiits or housekeeping units,
shall havc acccss by traversirig not iiiorc than one flight of slain
;uid shall havc access from a coiiiiiion hall or passageway.
5033 Location of employce toile& facilities. Toilet facilities
shall have acccss from within the employees' working area.
The required toilet facilities sliall be locatat 1101 more than oiic
story above or below the employees' working area and thc path
of travcl tosuch facilities shall not excccd adistanceof500 fcct
(1.52 in). Eiiiployee facilities shall eithcr be scpariite facilities
or coinbiiicd cinployee and public l'acilities.
Exception: Facilities that arc rcqiiircd for cmplo)ws in
storagc structures or kiosks, which arc located in iidjacciit
structures undeiS the same ownership, leasc or coiih~ol, shall
not exceed a tfiivel distance of 500 feet (I52 in) froin the
employees' regular working area to the facilities.
503.4 Floor surface. In othcr thctn tlwclling units, every toilet
room floor shall bc iiiaintained to be a smooth, hard,
nonabsorbent surface to permit such floor to bc easily kcpt in a
clean and sanitary condition.
[PI SECTION 504
PLUMSING SYSTEMS AND FIXTURES
504.1 General. All plumbing fixturcs shall hc properly
installed and maintained in working order, arid sliall bc kept
ftre flwn obstiuctions, leaks and defects and be capable ofper-
Forming the function for which such plumbing fixtures tiit
dcsigncd. All plumbing fixtures shall bc maintiiincd in a siifc,
sanitary and liinctional condition.
504.2 Fixtore clearances. Pluiribitig lixtures shall havc atlc-
quote clearances for usage aiicl cleaning.
504.3 Plumbing system hazards. Whcit it is I'ound that a
pluiiit~iiig systclii in ii stt*tlcturc constitutes ti ha~iit'tl 10 thc OcclI-
pants or thc structure by rc;isoii of iiintlequatc scrvicc, inatle-
quate venting, cross connection, hacksiphonage, impropcr
iiistallatioa, dctcrioration 01. clamagc or l'or similar rciisoIiS, the
codc oflicial shall rcquirc thc dcl'ects to hc coivxtctl to elimi-
link the tiazarcl.
SECTION 505
WATER SYSTEM
505.1 General. Evcry sink. lavntory, bathtub or shower, drink-
ing fountain, wiitcr closet or othcr pluinbing Axturc shall bc
properly coiiiiected to either a public wntcr system or to :in
iIpprovctl privutc wiiter system. All kitchen sinks, lavatories,
laundry kicilitics, bathtubs and showcrs shall be supplictl with
hot or tcmpcrcd mtl cold runiiiiig water in accordance with the
illlerrrclliollrrl i'llrrnbilly Code.
[I?] 505.2 Contamination. Thc water supply shall bc main-
tained I'm from contiiminatiou, and all wIitcr inlets for pluinb-
ing fixtiices shall be located above the flood-lcvel rini of thc
fixture. Shainpcx) basin faucets, janitor sink Faucets and othcr
hose bibs or liticeis to which hoses air, attachcd and lcrt in
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ 15
PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
place, shall be protected by at1 approved ntmosphcric-type vac-
uum breaker or an approved permanently attached hosc con-
nection viiciium breiikcr.
505.3 Supply. The watcr supply systctii shall be installed and
maintainccl to provide ;I supply of watcr to plumbing tixtures,
tlcvices and appurtenauccs i ti suflicient volumc and zit pres-
sures adcquate to enable the fixtures to function properly,
505.4 Water heating facilities. Water hcatiiig facililics shall
be properly instnllcd. maintainctl atid capablc or providing ail
tidcqttiUe amount of water to be clrawn at every required sink,
liivaloiy, bathtub, showcr and laundry facility at a tempcraturc
of not less than I IOOF(43'C). A gas-burning water 1icatersh;ilI
not bc locatctl in any biitlirooin. toilet room, bcdrootn or other
occupicd room noi*tiially kept closed, unless udcquate combus-
tion air is provided. An approvctl combination tcmptature nncl
prcssure-relief valvc arid relief valve dischargc pipe shall be
propcrly installed and maititaitied on water Iicatctx
sarciy, atid fw i-rotn dcrects nt1d leaks.
[P] SECTION 506
SANITARY DRAINAGE SYSTEM
506.1 Geiicral. All plumbing fixtures shall bc properly con-
ticctcd to either a public scwer system or to an approvcd privatc
sewage disposal systcin.
506.2 Maintenance. Evcry plumbing stack, vent, waste and
scwcr line sliall function properly and bc kept lice from
obstlwio11S. leaks ant1 cicrects.
[PI SECTION 507
STORM DRAINAGE
507.1 General. Drainagc of roofs and paved areas, yards ml
courts, and othcr opi areas on thc pniniscs shnll not bc tlis-
chitrgctl iii ii manner that ctwles a public nuisancc.
16 2006 INTERNATIONAL PROPERTY MAINTENANCE CODEm
CHAPTER 6
MECHANICAL AND ELECTRICAL REQUIREMENTS
SECTION 601
GENERAL
601.1 Scope. The provisions of this chapter shall govcrn the
minimum mcchonical and electrical facilities and cqiiipinent to
be pl.ovidec1.
601.2 Responsibility, The owncr or the structure shall provide
and maintain mcchonical and electrical Facilities iiiid equip-
nicnt in compliance with these requirements. A petson shall
not occupy as owner-occupant or permit atiothcr penon to
occupy any picmiscs which does not comply with the require-
inelits of this cliaptcr.
SECTION 602
HEATING FACILITIES
602.1 Facilities required. Heating fncilitics shall be providcd
in structutw as required by this scction.
602.2 Residential occiipancies. Dwellings shall bc providcd
with heating facilities capable of nieintainiiig n room tempera-
tiirc of6X"F (20°C) in all habitable rooins, hathroonis antl toilet
roonis bnsed on the winter outclool~ clesigti teniperatuiz for thc
locality indicatcd in Appendix D ofthe fnrer.rrofiond Pltrmhirig
Code. Cooking appliances shall not be used to provide space
heating to iiicct the Icquircnicnts of this section.
Exception: In arcas where the average monthly tcnipew
tiw is ahovc 30°F (- I "C), a tnininium teiiiper:ituic of 65°F
(I 8°C) shall bc ninintaincd.
602.3 Heiit supply. Evcry owncr antl opcrator of any building
who rcnts, Icascs or lets one or nioi't: clwelliiig units or slccping
units on ternis, cithcr exprcsscd or implictl, to furnish heat to
the occupants illereof shall supply hcnt clur111g thc period from
IDATE] to [DATE] to maintain ii tcinpcrntureol'iiot less th:iii 68°F
(20°C) in all linbitablc rooins, hathrooms, and toilet rooins.
Exceptions:
I. When the outdoor tcnipcrnticrc is below thc wintcr
outdoor desigii temperature for thc locality. maintc-
iiance of tlic iniiriinum rooni tcmpcrature shall not be
iccqui~ctl provided that the heating systcrn is operibling
:it its full design cnpacity. The wintcr outdoor design
temperature for tlic locality shall l?c as indicated in
/\ppclltliX D of the h/w!futiwid f'/wn/>i/Ig (h/e.
2. In arcas whcix the average Inomlily tctiiperaturc is
abovc 30°F (-I "C) a tiiiniitiiiiii tcinpcraturc of 65°F
( I8OC) shall be rnaintaincd.
602.4 Occupiable work space.. Intloor ~cct~pii~blc woi k
spaccs shiill be supplied with heat during tlic period from
1 DATE^ to [DATE] to maintain a tcmpcfiiturc of not less than 65°F
(I 8T) (luring thc pcricxl the spaccs arc occupicd.
Exceptions:
I. Processing, storagc and opcretion areas that require
2. Areas in which pcrsons arc pr-itnarily engaged in vig-
602.5 Rooin teniperstitre measurement. Thc required rooni
teinpcratuirs shall be measumd 3 feet (914 nim) above thc
lloor ncar the center of the rooni and 2 feet (610 mni) inward
from the ceiitcr of cach exterior wall.
cooling or special tenipcraturc conditions.
orous physical activities.
SECTION 603
MECHANICAL EQUIPMENT
603.1 Meclianical appliances. All niechanical applianccs,
fiicplaces, solid fuel-burning appliances, cooking appliances
and water hcating appliiinccs shall be properly installcd and
maintained in a safe working condition, and shall bccapableof
pcrforniing thc interidcd function.
603.2 Removal of conibustioa products. All fuel-burning
cquipmcnt and apglinnces shall be conncctcd to an approvctl
chimney or vent.
Exception: Fuel-burning cquiptncnt antl appliances which
are labclcd for tinvented operation.
03.3 Clearances. All twpircd clciit~iiticcs to coinbustiblc
inatcrials shall bc iiioiiitaiiicd.
603.4 Safety controls. A11 safcty controls for fiicl-burning
equipment 4inll bc mninttiinctl in efrcctivc operation.
603.5 Coinbilstion sir. A supply of air for complctc combus-
tion of the rucl and for vcntilation of tlic spacc containing the
litel-burning cquipnicnt shall Lw provitlctl Tor tlie I'uel-burning
cqu I pmc ti t .
603.6 Eiiergy conservation devices. Devices iiitendcd to
rcducc fuel consuinption by attachincat IO ii fuel-burning iippli-
ancc, to llic fuel supply linc tticrcto, or to tlic vent outlct or vent
piping thcrcfroni. shall not bc installcd unlcss labclctl for such
purpose zinc1 the installation is specihlly approvctl.
SECTION 604
ELECTRICAL FACILITIES
604.1 Facilities reqiiirccf. Evcry occupicd building shall he
providcd with an clectrical systcin in coniplicincc with the
ixquircinents of this section iincl Scction 605.
604.2 Servicc.Thc size iitid usage of appliances ~id equipment
shall serve as ;I basis for tlctcrniining thc nced for iidditional
licilities in iiccordaiice with tlie ICC Elecrriccd C(1de. Dwelling
units shall bc served by a thrcc-wirc, 120/240 volt, singlc-
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE" 17
MECHANICAL AND ELECTRICAL REQUIREMENTS
phasc electrical service having a rating of not less than 60
arnpercs.
604.3 Electrical system hawards. Whciz it is found that the
clectricnl system in a structurc constitutes a hazard to the occu-
pants or (lie structure by reason of inadequate service,
iiiipropcr fusing. insufficient iweptacle and lighting outlets,
iinpropcr wiring 01' installation, detcrioration or damage, 01' Tor
siiiiilar icasons, the code orficial shall requirc thc defects to bc
coriccted to climinate the hazard.
SECTION 605
ELECTRICAL EQUIPMENT
605.1 Installation. All clectrical cquipincnt, wiring and appli-
ances shall be properly installed and maintained in a safc and
epprovcd inanncr.
605.2 Receptncies. Every habitablc space in a dwelling shall
contain at least two sepacatc and winotc rcccptaclc outlets.
Every laundry nrca shall contain at least one grounded-typc
rcccptncle or a reccptaclc with a ground fault circuit inter-
i-uptcr. Every bathram shall contain at lcast oiie receptacle.
Aiiy new bathrooin icccptacle outlct shall have ginuiitl fault
ci rcii I t interrupter protection.
1 6053 1,uniinaii.es. Every public hall, intcrior stairway, toilet
rooin, kitchen, bathroom, liiulidry room, boilcr rooin and fur- I iiiicc rooin shall contain at least one clcclric liitninnirc.
SECTION 606
ELEVATORS, ESCALATORS AND DUMBWAITERS
606.1 Gencral. Elevators, duinbwaitcrs and cscalators shall bc 1 nisintaincd in compliance with ASME A 17. I. Thc iiiost cur- e rcni ccriilicatioii of inspcction shall be on display :it all timcs
within the clcvator or nttachcd lo llic cscalalor or duinbwaitcr,
or tho ccrtilicnte shnll bc available lor public inspection in thc
ollicc ol'thc building opelator. Thc inspcction and tests slinll bc
pcrli)rmctl at 1101 lcss than thc IXrlodici\l iiltcrvills listcd in
ASME A 17. I, Appcnclix N, cxccpt wlicrc otherwise spccifictl
by thc authority having jurisdiction.
606.2 Elevntors. In buildings cquippcd wilh passcngcr clcva-
tors. iit lcast oiic elevator shall be tnnintniiicd in opciation at all
times whcn thc building is occupictl.
Excel)tion: Buildings ccluippcd with only oiicclcvator shall
bc pcrinitted to have thc elevator tciiiporarily out of scrvicc
for lcstiiig or servicing.
I
SECTION 607
DUCT SYSTEMS
607.1 General. Duct systcins shnll be niaintainctl lrce of
obstructions and shall bc c;ipablc of pcrfol-ining the rcquiixd
function.
2006 INTERNATIONAL PROPERTY MAINTENANCE CODEa
CHAPTER 7
FIRE SAFETY REQUIREMENTS
SECTION 701
GENERAL
701.1 Scope. Thc provisions of this chapter shal: govern thc
minimum conditions and standards for fire safcty iclating to
structurcs and cxtcrior premises, including lirc safety filcilities
Fire doors and srnokc barrier doors shall not be blocked or
obstructed or otherwise inadc inoperable.
[q SECTION 704
FIRE PROTECTION SYSTEMS
owner-occupant or permit another person to occupy any pre-
,-,,ises (hat do llot colrlply with recquilTl,ients ofthis chapter, 704.2 Smoke rlarnis. Single or multiple-station snioke aliirlns
shall be installed atid maintained in Groups R-2, R-3, R-4 and
[FJ SECTION 702
MEANS OF EGRESS
702.1 General. A safe, continuous and unobstructccl path of
travcl shall be provided from any point in a building oi*structure
to the public way. MtansoFegress shall coinply with the Ittwr-
ttutiu/iu/ Fire Code.
702.2 Aisles. The required width of aisles in accordancc with
the hfenw~iomd. Fire Code shall be unobstructed.
702.3 Locked doors. All rncans oregress doors sliall tic rcadily
openable froni the si& froin wliicli cgrcss is to bc made without
the need for keys, special knowledgeor eKoii. exccpt whcrc thc
door hardware conl'ornis to that pcrniittcd by the hi/enttrrio/rtr/
Birikdit rg Code.
702.4 Emergency escape openings. Rcquircd ctncigcncy
cscirpc opcnings shall be iiiriintained in accoirlance with the
code in cl'fccct a1 the tiitic ol' constiwtion, anti the following.
Rcquircd citicrgciicy cscapc and rcscuc opcnings shall be oper-
ational from the insitlc of tlic room without thc use of kcys or
tools. Ban, grilles. grates or similar tlcviccs are pcrniittctl to bc
placctl ovcr cincrgeircy cscapc and rcscuc opcnings provided
the minimum net clcaropcning sizccomplies with thc code ihnt
was in cl'fcct at thc timc of construction antl such clcvices shall
bc rclcasablc or rcmovablc Trom the inside without thc use of 21
kcy, tool or l'orcc grcatcr than that which is requirccl for noinial
opcmtion of the cscapc and rescuc oping.
[F] SECTION 703
FIRE-RESISTANCE RATINGS
in dwellings not regulatctl in Group R occupancies, iqprdlcss
of occupant load at all of the following loci1tions:
I. On thc ceiling or wall outside of cach separate sleeping
i\rea in the immediate viciiiity of bedrooms.
2. In cach rooin used for sleeping purposcs.
3. In each story within itdwelli11g unit, including bascincnts
and ccllars but 1101 including crawl spaces and uiiinhabit-
able attics. In clwcllings or tlwelling units with split lev-
CIS and without si11 intervening door between the ilcljaccllt
levcls, it smoke alarin installed on the upper lcvel shall
sukc for thc adjacent lower level provided that the
lower lcvel is lcss than one full story below thc upper
level.
Single or multiple-station smoke iilarins shall be installctl in
othcr groups in accortlaiicc with thc I/rr/euttr/io/rtr/ Fire Code.
704.3 Power source. In Gmirp R occupancics and in dwellings
not reguliitetl as Group R occupancics, singlc-statior sinokc
aliirins shiill irccivc thcir priItIi\ry power I'IWII thc building wir-
ing provitlctl hi such wiring is scrved from ii coinincrcial
source ;rnd shall be cquippecl with a battcry backup. Sinokc
idi1rtiis sliall cinit a signal when ihe batteries arc low. Wiring
shall bc pcrmoncnt antl without n clisconncctiiig switch othcr
than as required Tor ovcrcu~rcnt protection.
Exception: Sniokc nlariiis ;ire perniittrxl to be solcly battcry
o~l~iitctl io buildings whcre no consiruction is taking place,
builclings that arc not scrvcd I'nm a coinmcicial power
source and in cxisting arcas of buildings uiidcrgoing altcr-
ations or rcpairs thiit (lo not rcsult in the removal of intccior
wall or ceiling tinislics exposing thc structurc, unlcss their:
is an attic, crawl sp;icc or basement available which could
703.1 Fire-resistance-rated assemblies. Thc rcquiircl lirc-
resistance rating al' fire-i.esistance-iate~1 walls, lirc stops, sliaft
ciiclosurcs, partitions and Iloors shall be maintaincd.
703.2 Opening protectives. Rcquircd opciiing protectivcs
shall be niaintoiiied ill an operativc condition. All lire iintl
siiiokcstop doors shall be iiiaintainccl in opcrablc condition.
proviclc iicccss for-tiuil(Iiiig wiring without tlic rcinova~ of
interior fin ishcs.
704.4 hiterconacclion. Whcrc nioic than one sinokc iilarni is
rcquired to be installcd within ;in intlividual dwclliirg unit in
Group R-2, R-3, R-4 itlltl in dwellings not regulated as Group R
occupancies, the smokc iilarnis shall bc iuicrconncctetl in such
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ 19
FIRE SAFETY REQUIREMENTS
a inanner that thc tictivation ofoiie alarm will acLivate all of the
alarms in the individual unit. Thc alarm shall be clcarly audible
in all bedrooms over background noisc levcls with all intcrvcn-
ing doors closed.
Exceptions:
I. Interconnection is not required in buildings which are
not undergoing altcraiioiis, repairs, or construction ol'
tiny kind.
2. Smokc aii\mms in cxisting aims are not rcquircd 10 bc
interconiiectccl wherc alterations or rcpairs do not rcsult
in the reinovril of intcrior wall or cciling finishes cxpos-
ing the structure, unlcss there is an attic, crawl spacc or
basement available which could providc ticcess for inter-
connection without the reinoval of interior finishes.
20 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE'
CHAPTER 8
REFERENCED STANDARDS
This chapicr lists the slaiidairls that are refcreiicctl in various sections of this tIocuincii1. Thc slendai-ds arc listed herein by the pro-
miilpating ngciicy ofthe skindard, thestaridortl itlentification, the efl'eclive daleand title ;tiid the section or sections orthis clocuniciil
that Icfeicnce the siandarcl. The application of the rcl'eerencctl skiiidards shall bs as specified in Section 102.7.
Aiiiericaii Socicly of Meclinnicnl biginwa
Thi~c Wrk Avciiiic ASME ....... - . Ncw.Ynrk. NY 10016-5900
S1nndard Rckiciicetl
derence in codu
lllllllbcr seciinii niimber
A 17.1-2ooO Snfctv Code for filevaiors and Escnlntors with A17.h 2002 Adtlenda .. , ............... , .... , , ............... AM. I
.............................. .................. Ti!!! .... ....... " --lll--.l.llll--l..." ^_l..l_._._.._l...__.._ . _I_._____
ASTM Iiiicin:itioiial
IO0 Barr Harhor rhive ASTM West COIishOlltrkCn. PA 10428-2959
Stalitlard Rcfereiiccd
I~relcncc in code
!!!!!!!E- 'riilc slrtion nunibor
P1346-01 (2003)
for Swiiiimiiie Pwls, SINIS iiiid I.loi 'rub ... .. ..303.2
~____. ............. ........................................................................................................ ................... ....
Perrorni;ince SpMicnlions Tnr Sahy Cows niid 1.ulxliiig Rccluireiiiciils For All Ctwrs
ICC _.
liiiuiiintionai Cotlo Council
5203 I.ecstnirg Pike. Siiitc 600
Piills Chaicli. VA 22041 .... ........................... _. ...
Rcl'erenced
in c(dc
......... liilc ........ _ ......... " scclioi riuiiibrr
ICC Clcctrical Ctd& - Adriiiiiislinlive Prnvisions , . , . , , ... , , . , . , , .... , , .. , , ........ , . , .. , . , ..... , .20 I .3. (i11.2
liitcinatioiiol I3riiltling Code@ ....................................................... ,102.3, 201 3,401 3, 702.3
Iiitcrriatioilal Fiic CntleO ................ ......... 201.3, 702.1, 7(12.2.70J.I, 704.2
Intcnintioiial hid Gas CotkO. ............ ................................................... 102.3
Iiit6riiiiticiiiiil Mcchnnicd CalcO. .. , , , .. , , ................... , . , ............. , , . , ........ , , .. , , . ,102.3, 20 1.3
lntwnatioiral Pliiiiibiiig Code@ 20 I 3, 50s. I, (m.2.602.3
Iritci~~~ntioiinl Zniiiiia C(xlc0 ................................................................... .10?.3.201.3
........................... .........................................................................
2006 INTERNATIONAL PROPERTY MAINTENANCE COOP 21
22 2008 INTERNATIONAL PROPERTY MAINTENANCE COOP
INDEX
A Alternative materials. methods and ..
ACCEPTED ENGINEERING METHODS ...... .lo 4.2
ACCESS
Egress ............................... 702
From bedrooms .................... .404. 4.2
Plumbing fixtures, access for cleaning ..... 504.2
To public way ....................... .70 2.1
Toilet room as passageway ............ .50 3.1
Water closet ....................... .404. 4.3
Privacy (hotel units, rooming units) ...... .40 4.1
ADJACENT
ADMINISTRATION
Scope .............................. 101.2
AGENT (See also OPERATOR) ............... 202
(See OWNER)
Combustion air ...................... .60 3.5
AIR
AISLES
ALTERATION
Minimum width ...................... .70 2.2
Applicability of other codes .............. 102.3
Condemnation ................. .108.1,10 8.2
Inspection ........................... 10 4.3
Prosecution .......................... 106.3
Unlawful acts ........................ 10 6.1
Architectural trim ..................... .30 4.8
Signs, marquees and awnings .......... .30 4.9
ANCHOR
APPEAL ......... .11 1.1 .................... 111.6
Court review ......................... 11 1.7
Financial interest ...
Hearing, emergency
Board of appeals ...................... 11 1.2
Membership ......................... 11 I . 2
Notice of appeal ..... ............ ,111.1
Postponed hearing ... ............ 111.5 ........... .10 4.7
Right to appeal ................ .ll 1.1
Vote ................................ 111.6
Cooking ...................... .403.3,60 2.2
Heating ...................... .602.2,60 3.1
Mechanical .......................... 603.1
Othercodes ......................... 102.3
....................... 105.2 ................ .104.1, 105.2
Modifications ......................... 105. 1
APPLIANCE
APPLICATION
APPROVAL
APPROVED
equipment ......................... 10 5.2
Definition ............................. 202
Energy conservation devices ........... .60 3.6
Fireplaces .......................... .60 3.1
Garbage storage facilities ............ .307. 3.1
Used materials and equipment ........... 105.4
Modifications ........................ .10 5.1
ARCHITECTURAL
Structural members .................. .30 4.4
Trim ................................ 304.8
Lighting of habitable rooms ............ .40 1.3
Lighting of other spaces ............... .40 2.3
Motor vehicles ....................... ,302.8
Signs, marquees and awnings ........... 304.9
ARTIFICIAL
AUTOMOBILE
AWNING
6
BALCONY
BASEMENT
Handrails and guardrails ............... 306.1
Definition ............................. 202
Hatchways ........................ .30 4.16
Windows ........................... 304.17
Common bathrooms ............ .502.3, 503.1
Hotels ............................. .50 2.3
Lighting ....... ................ 605.3
Locks ............................... 503.1
Outlets required ..................... ,605.2
Privacy ............................. 503.1
Ventilation .......................... .40 3.2
Required facilities .................... .50 2.1
Roominghouses ...................... 502.2
Sewage system ..................... .50 6.1
Water heating facilities ................ .50 5.4
Water system ....................... .50 5.1
Room area ........................ ,404.4.1
Unsafe equipment .................. .108. 1.2
BATHROOM
BATHTUB
BEDROOM
BOILER
C
CAPACITY
CAR (See AUTOMOBILE)
CEILING
Heating facilities .......... .602.2. 602.3, 602.4
Basement rooms ..................... .40 4.3
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ 23
INDEX
Fire-resistance ratings ................ .70 3.1
Interior surfaces ..................... ,305.3
Minimum height ..................... .40 4.3
Application of other codes .............. 102.3
Exterior structure ................... .30 4.11
Fireplaces .......................... .60 3.1
Flue ......................... .603.2,60 3.3
Access for cleaning ................... .50 4.2
Bathroom and kitchen floors ...... ,305.3, 503.4
Disposal of garbage .................. .30 7.3
Disposal of rubbish ................... ,307.2
Interior sanitation .................... ,307.1
Interior surfaces ..................... .30 5.3
Plumbing facilities. maintained .......... .50 4.1
Required plumbing facilities ............... 502
Responsibility of persons .............. .30 5.1
Trash containers ................... .307. 3.2
Vacant structures and land ............. .30 1.3
Heating facilities ..................... .60 3.3
Plumbing fixtures .................... ,504.2
Streets ............................. .lo 9.3
Vacant structures ..................... 10 8.2
Exhaust ............................. 403.5
Condemnation ...................... ,108.1
Demolition ............................ 110
Duties ................................ 104
Emergency order ....................... 109
Enforcement authority .................. 104.1
Failure to comply with demolition order .... 110.3
Identification ......................... 10 4.5
Inspections ......................... .IO 4.3
Liability. relief of personal ............... 103.4
Membership of board of appeals ......... 11 1.2
Notice of violation ................. 104.6, 107
Notices and orders ...................... 107
Official records ...................... .lo 4.7
Personal liability ...................... 103.4
Placarding ........................... 10 8.4
Prosecution .......................... 106.3
Removal of placard ................. .108. 4.1
Right of entry ....................... .10 4.4
Rule-making authority .................. 104.2
Transfer of ownership .................. 107.5
Vacant structures ..................... 10 8.2
Voting of appeals board ........... 11 1.2, 1 11.6
Drinking ............................ .50 2.4
Required facilities ...................... 502
Rooming houses ...................... 502.2
Water system .......................... 505
Combustion air ...................... .60 3.5
CHANGE. MODIFY
CHIMNEY
CLEANING
CLEARANCE
CLOSING
CLOTHESDRYER
CODE OFFICIAL
COLD WATER
COMBUSTION
CONDEMNATION
Closing of vacant structures ............. 108.2
Failure to comply ..................... .11 0.3
General ............................ .IO 8.1
Notices and orders .............. 1 08.2, 108.3
Placarding .......................... .lo 8.4
Removal of placard ................. .108. 4.1
Conflict of interest ................... 1 11 2.3
Violations .......................... ,106.1
Plumbing fixtures .................... ,504.1
Sewage system ..................... .50 6.1
Water heating ....................... ,505.4
Water system ....................... .50 5.1
Existing structures .................... 101.2
Garbage .......................... .307. 3.2
Rubbish storage .................... .307. 2.1
Egress .............................. 702.1
Conflict of interest ................... 11 1.2.3
Insect and rodent control ......... .302.5, 304.5
Safety controls ...................... .60 3.4
Cooling towers ..................... .30 4.11
Accumulation of rubbish ................ 307.1
Light ............................... 402.2
Lighting fixtures ...................... .60 5.3
Ratings maintained ..................... 703
Toilet rooms, access .................. ,503.1
CONFLICT
CONNECTION
CONSTRUCTION
CONTAINER
CONTINUOUS
CONTRACTOR
CONTROL
COOLING
CORRIDOR
D
DAMP. DAMPNESS
Roofs ............................... 304.7
Window. door frames ................ ,304.1 3
Condemnation ...................... .lo 8.1
Demolition ............................ 110
Electrical hazards .................... .60 4.3
Elevators ........................... .60 6.1
Existing remedies .................... .IO 2.4
Fire safety .......................... .70 1.1
Heating facilities ................. .602. 603.1
lmminentdanger ....................... 202
Unsafe structures and equipment .......... 108
Handrails and guardrails ............... 304.1 2
Maintenance ................. .304.2,30 4.10
Exterior structure .................... -304.8
Existing remedies ..................... 10 2.4
DANGEROUS. HAZARDOUS
DECKS
DECORATION
DEMOLITION
24 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@
INDEX
Failure to comply ...................... 1 10.3
General .............................. 1 10
Order ............................... 1 10.2
Salvage materials .................... .I1 0.4
Violations .......................... ,110.3
Smoke ............................... 704
Exterior walls ....................... .30 4.6
Egress .............................. 702.1
Disposal of garbage .................. .30 7.3
Disposal of rubbish ................... .30 7.2
Exit doors .......................... .70 2.3
Fire ................................ 703.2
Hardware ......................... .30 4.15
Insect screens ...................... ,304.1 4
Interior surfaces ..................... ,305.3
Locks ....................... .304.15,70 2.3
Maintenance ................ ,304.1 3,304.15
Weather tight ....................... .30 4.13
Window and door frames .............. 304.13
Lockeddoors ........................ 702.3
Privacy ....................... .503.1,50 3.2
Basement hatchways ................ .30 4.16
Plumbing connections ................... 506
Storm drainage ........................ 507
Exhaust duct ........................ .30 4.9
Process ventilation ................... .40 3.4
Cleanliness ................... ,305.1, 307.1
Definition ............................. 202
Electrical ........................... .60 4.1
Heating facilities ........................ 602
Required facilities ...................... 502
DETECTORS
DETERIORATION
DIRECT
DISPOSAL
DOOR
DORMITORY (ROOMING HOUSE, HOTEL, MOTEL)
DRAIN, DRAINAGE
DUCT
DUST
DWELLING
E
EASEMENT
EGRESS
Definition ............................. 202
Aisles ............................. .70 2.2
Emergency escape ................... ,702.4
General ............................ .70 2.1
Lighting ............................ .40 2.2
Locked doors ....................... ,702.3
Obstructions prohibited ................ ,702.1
Stairs. porches and
railings ......... .304.10. 305.4, 305.5, 306.1
Condemnation ...................... ,108.1
ELECTRIC, ELECTRICAL
Facilities required .................... ,604.1
General ............................. 601 . 1
Hazards ........................... .60 4.3
Installation .......................... -605.1
Luminaires ......................... .60 5.3
Receptacles. .................. .604.3,60 5.2
Responsibility ....................... .60 1.2
Service ............................ .60 4.2
Condemnation ....................... 10 8.1
General ............................. 606.1
Maintenance .................. .606.1.60 6.2
Emergency measures ................... 109
Emergency orders .................... 10 9. 1
Escape ............................. 702.4
Duties and powers ...................... 104
Scope .............................. 101.2
Alternative .......................... .IO 5.2
Combustion air ...................... ,603.5
Condemnation ............... .108.1.2.10 8.3
Electrical installation .................. .60 5.1
Energy conservation devices ........... .60 3.6
Fire safety requirements, responsibility ... .70 1.2
Flue ................................ 603.2
Installation .......................... .60 3.1
Interior structure ..................... ,305.1
Placarding .................... .108. 3. 108.4
Prohibited occupancy ................. .IO 8.5
Responsibility ....................... .60 1.2
Safety controls ...................... .60 3.4
Scope .............................. 101.2
Scope. mechanical and electrical ......... 601 . 1
Unsafe ............................... 108
Used ............................... 105.4
ELEVATOR
EMERGENCY
ENFORCEMENT
EQUIPMENT
Emergency order .................... .IO 9.1
EXHAUST
Clothes dryer ....................... ,403.5
Exhaustducts ........................ 304.9
Process ventilation ................... ,403.4
Remedies ........................... 10 2.4
Scope .............................. 101.2
Structural members .................. .30 4.4
Structures ........................... 10 1.3
Decorative features ................... .30 4.8
Egress .............................. 702.1
Exterior structure ....................... 304
Exterior walls ....................
Painting ...................... ,304.2.304.6
Rodent harborage .............. .302.5.30 4.5
Sanitation .......................... ,304.1
Scope .............................. 301.1
Stair .............................. ,304.10
Street numbers ...................... .30 4.3
EXISTING
EXTERIOR
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ 25
INDEX
Weather tight ....................... .30 4.13
Definition ............................. 202
Insect and rodent control .... .302.5.304.5.30 4.14
Responsibility of owner .......... .301.2. 306.2
Responsibility of tenant-occupant ... 306.3,306.5
EXTERMINATE
F
FAN
FEES. EXPENSES. COST
Exhaustvents ........................ 302.6
Closing vacant structures ............... 108.2
Demolition ................ 110.1, 110.3, 110.4
Extermination ....... 308.2, 308.3, 308.4, 308.5
General ............................. 103.5
Relief from personal liability ............. 103.4
Responsibility. fire safety .............. -701 -2
Accessory ........................... 302.7
Maintenance ........................ .30 4.2
Fire-resistance ratings ................ .70 3.1
General. fire-protection systems .......... -704
Responsibility. fire safety .............. .70 1.2
Scope .............................. 101.2
Scope. fire safety ..................... 701.1
Smoke alarms ....................... .70 4.2
Containers ........................ .108. 1.2
Area for bedrooms and living rooms ..... 404.4.1
Fire-resistance ratings ................ .70 3.1
Interior surfaces ................ .305.1.30 5.3
Space requirements ........... .404.4.1.40 4.6
Cooking equipment ............. .403.3.60 2.2
Sanitary condition .............. .305.1. 404.7
Ventilation .......................... .40 3.4
Condemnation ..................... ,108.1.1
Foundation walls ..................... .30 4.5
Window and door frames ............. .30 4.13
FENCE
FIRE
FLAMMABLE LIQUID
FLOOR. FLOORING
FOOD PREPARATION
FOUNDATION
FRAME
G
GAS
Energy conservation devices ........... .60 3.6
Exhaustvents ........................ 302.6
Process ventilation ................... .40 3.4
Materials ........................ .304.1 3.1
Drainage ....................... .302.2. 507
Basement windows .................. .30 4.17
Definition ............................. 202
GLAZING
GRADE
GUARD
Anchorage and maintenance .......... .30 4.12
H
HABITABLE
Definition ............................. 202
Light ................................. 402
Minimum ceiling height. ............... .40 4.3
Minimum room width .................. .40 4.2
Residential heating facilities ....... 602.2, 602.3
Space requirements ................ .404. 4.1
Ventilation ............................ 403
Handrails .............. .304.12.305.5. 306.1
Door hardware ................ .304.15.70 2.3
Required plumbing facilities ............... 502
HANDRAIL
HARDWARE
Openable windows ................ .304.1 3.2
Cooking equipment ............. .403.3,60 2.2
Fireplaces .......................... .60 3.1
HAZARDOUS (See DANGEROUS, HAZARDOUS)
HEAT, HEATING
Energy conservation devices ........... .60 3.6
Heating ............................ .60 3.1
Mechanical equipment ................ .60 3.1
Required capabilities .................... 602
Residential heating ............. ,602.2, 602.3
Scope .............................. 101.2
Supply .............................. 602.3
Water system .......................... 505
Water heating facilities ................ ,505.4
HOUSEKEEPING UNIT
HEIGHT
HOT (See HEAT, HEATING)
HOTELS, ROOMING HOUSES AND DORMITORY
Definition ............................. 202
Minimum ceiling height ................ .40 4.3
UNITS, MOTELS
Definition ............................. 202
Locked doors ....................... .70 2.3
Required facilities ...................... 502
Toilet rooms ........................... 503
I
IDENTIFICATION
INFESTATION
Code official ........................ .IO 4.5
Condemnation ..................... .108. 1.3
Definition ............................. 202
Insect and rodent ........ .302.5. 304.14, 308.1
Extermination .......................... 308
Infestation .......................... .30 8.1
Insect screens ...................... .30 4.14
General ............................ .IO 4.3
Right of entry ....................... .10 4.4
INSECTS
INSPECTIONS
26 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE"
INDEX
INSPECTOR
Identification ......................... 10 4.5
Inspections .......................... 10 4.3
Records ............................ 104.7
Code ............................... 101.3
Rule-making authority .................. 104.2
Interior structure ....................... 305
Interior surfaces ..................... .30 5.3
Sanitation .......................... .30 5.1
INTENT
INTERIOR
Meansofegress ....................... 702
J
JURISDICTION
Title ................................ 101.1
K
KlTCH E N
Electrical outlets required .............. .60 5.2
Minimum width ...................... .40 4.2
Prohibited use ..................... .404. 4.4
Room lighting ....................... -605.3
Water heating facilities ................ .50 5.4
L
LANDING
Handrails and guards ..... 304.12, 305.4, 305.5,
306.1
Maintenance ................. .304.10.30 5.4
Room lighting ....................... ,605.3
Water heating facilities ................ .50 5.4
Hotels ............................. .50 2.3
Required facilities ...................... 502
Rooming houses ..................... .50 2.2
Sanitary drainage system ................ 506
Water heating facilities ................ .50 5.4
Water system .......................... 505
Heat supplied ....................... .60 2.3
Salvage materials ..................... 1 10.4
Transfer of ownership .................. 10 7.5
Closing of vacant structures ............. 108.2
Demolition .......................... .I1 0.3
Failure to comply ...................... 1 10.3
Common halls and stairways ...... .402.2. 605.3
Luminaires ......................... .60 5.3
General .............................. 402
Habitable rooms ..................... .40 2.1
Otherspaces ........................ 402.3
LAUNDRY
LAVATORY
LEASE (SELL, RENT)
LIEN
LIGHT, LIGHTING
Responsibility ....................... .40 1.2
Scope ............................. .10 1.2
Toilet rooms ........................ -605.3
Room area ........................ .404. 4.1
Elevators. escalators and dumbwaiters .... 606.1
Handrails and guards .......... .304.12. 305.5
Live load ..................... .304.4.30 5.2
Stairs and porches ............. .304.10. 305.2
Structural members ............. ,304.4, 305.2
LIVtNG ROOM
LOAD. LOADING
M
MAINTENANCE
MATERIAL
Required ............................ 102.2
Alternative .......................... .IO 5.2
Used ............................... 105.4
Salvage ............................. 110.4
MEANS OF EGRESS (See EGRESS)
MECHANICAL
Installation .......................... .60 3.1
Ventilation. general ..................... 403
Ventilation. toilet rooms ................ ,403.2
Ceiling height ....................... ,404.3
Room width ......................... ,404.2
Responsibility ....................... .60 1.2
Scope .............................. 601.1
MINIMUM
Scope .............................. 301.1
MODIFICATION
MOTEL (See HOTELS)
MOTOR VEHICLES
Approval ............................ 105.1
Inoperative ......................... ,302.8
Fainting ............................ .30 2.8
N
NATURAL
Lighting ........................ .401.3. 402
Ventilation ...................... .401.3. 403
Appeal .............................. 111.1
Form ............................... 107.2
Method of service ..................... 10 7.3
Orders ............................... 107
Owner, responsible person ............. ,107.1
Penalties ............................ 10 7.4
Placarding of structure ................. 108.4
Transfer of ownership .................. 107.5
Vacating structure ..................... t 08.2
Process ventilation ................... .40 3.4
Weeds .............................. 302.4
NOTICE
NOXIOUS
2006 INTERNATIONAL PROPERTY MAINTENANCE COOP 27
INDEX
NUISANCE
Closing of vacant structures ............. 108.2
0
OBSTRUCTION
Light ............................... 402.1
Right of entry ....................... .10 4.4
OCCUPANCY (See USE)
OPENABLE
Definition ............................. 202
Habitable rooms ..................... .40 3.1
Lockeddoors ........................ 702.3
Windows ........................ .304.1 3.2
Definition ............................. 202
OPERATOR
ORDER (See NOTICE)
ORDINANCE, RULE
Applicability ........................... 102
Application for appeal .................. I1 1 . 1
OUTLET
OWNER
Electrical ........................... .60 5.2
Closing of vacant structures ............. 108.2
Definition ............................. 202
Demolition ............................ 1 10
Extermination ....................... ,308.2
Failure to comply ...................... 1 10.3
Insect and rodent control .... 302.5, 308.2, 308.4
Notice ........................ .107.1.10 8.3
Placarding of structure ................. 108.4
Responsibility ........................ 30 1.2
Responsibility. fire safety .............. ,701.2
Responsibility. light. ventilation. ......... .40 1.2
Responsibility. mechanical and electrical ... 601.2
Responsibility. plumbing facilities ......... 501.2
Right of entry ....................... ,104.4
Rubbish storage .................... ,307.2.1
Scope .............................. 101.2
Transfer of ownership .................. 107.5
P
PASSAGEWAY
Common hail and stairway ............. .40 2.2
Interior surfaces ..................... .30 5.3
Toilet rooms. direct access ............. ,503.1
Notices and orders ................... .IO 7.4
Placarding of structure ................. 108.4
Prohibited occupancy ................. ,108.5
Removal of placard ................. ,108.4.1
Scope .............................. 101.2
Violations ........................... 10 6.4
Condemnation ...................... .lo 8.1
Extermination ....................... .30 8.1
Insect and rat control ...... 302.5, 304.14, 308.1
PENALTY
PEST (VERMIN)
PLACARD. POST
Closing ............................ .IO 8.2
Condemnation ...................... .lo 8.1
Demolition ............................ 110
Emergency. notice ................... .IO 9.1
Notice to owner ................ .107.1. 108.3
Placarding of structure ................. 108.4
Prohibited use ....................... .IO 8.5
Removal .......................... .108. 4.1
Access ............................. 504.2
Clean and sanitary ................... .50 4.1
Connections ......................... 505.1
Contamination ....................... .50 5.2
Employee's facilities .................. .50 3.3
Fixtures ............................ .50 4.1
Required facilities ...................... 502
Responsibility ....................... .50 1.2
Sanitary drainage system ........
Scope ........................
Storm drainage ........................ 507
Supply .............................. 505.3
Water heating facilities ................ .50 5.4
Handrails ........................... ,306.1
PLUMBING
PORCH
Structurally sound ................... .30 4.10
Cooking equipment ................... .60 3.1
Water supply ........................ ,505.3
Bathtub or shower .................... .50 3.1
Occupancy limitations ................. .40 4.1
Required plumbing facilities .....
Sewage system ..............
Water closet and lavatory .............. ,503.1
Water system ....................... .50 5.1
Cleanliness ................... .304.1.30 7.1
Condemnation ......................... 108
Definition ............................. 202
Demolition ............................ 110
Emergency measures ................... 109
Exterior areas ......................... 302
Extermination. multiple occupancy . .302.5. 308.4
Extermination. single occupancy ... .302.5. 308.3
Failure to comply ..................... .11 0.3
Grading and drainage ................. .30 2.2
Responsibility ....................... .30 1.2
Scope .............................. 301.1
Storm drainage ........................ 507
Vacant structures and land ............. ,301.3
Basement windows .................. .30 4.17
Fire-protection systems .................. 704
Signs. marquees and awnings ........
Cleanliness ................... .304.1.30 5.1
Egress .............................. 702.1
PORTABLE (TEMPORARY)
PRESSURE
PRIVATE, PRIVACY
PROPERTY, PREMISES
PROTECTION
PUBLIC
28 2008 INTERNATIONAL PROPERTY MAINTENANCE CODE@
INDEX
Hallway ............................ .50 2.3
Sewage system ..................... -506.1
Toilet rooms ........................... 503
Vacant structures and land ............. .30 1.3
Water system .......................... 505
Definition ............................. 202
PUBLIC WAY
R
RAIN
Basement hatchways ................ .30 4.16
Exterior walls ....................... .30 4.6
Grading and drainage ................. .30 3.2
Roofs ............................... 304.7
Window and door frames ............. .30 4.13
Official records ...................... ,104.7
Intent ............................... 10 1.3
Application of other codes .............. 102.3
Chimneys .......................... 304.11
Demolition ........................... 1 10.1
Exterior surfaces ..................... .30 4.1
Maintenance ........................ 10 2.2
Public areas ........................ .30 2.3
Signs, marquees and awnings .......... .30 4.9
Stairs and porches .................. .30 4.10
Weather tight ....................... .30 4.13
Workmanship ....................... .IO 2.5
Test reports ....................... ,105.3.2
Extermination ................. 308
Residential heating ............. 02.2
Scope .............................. 101.2
Extermination .......................... 308
Fire safety .......................... .70 1.2
Garbage disposal .................... ,307.3
General ......... ....... .30 1.2
Mechanical and ele
Persons .........
Placarding of structure ................. 108.4
Plumbing facilities .................... .50 1.2
Rubbish storage .................... .307. 2.1
Scope ........................ .101.2.30 1.1
Demolition ....
Process ventilation .........
Removal of placard ........
RECORD
REHABILITATION
REPAIR
REPORTS
RESIDENTIAL
RESPONSIBILITY
REVOKE, REMOVE
RIGHT OF ENTRY
Duties and powers of code official ........ 104.4
Inspections .......................
RODENTS
Basement hatchways ................ .30 4.16
Condemnation ......................... 108
Exterior surfaces ..................... .30 4.6
Extermination ................... .302.5. 308
Guards for basement WiRdOWS ......... .30 4.17
Harborage .......................... .30 2.5
Insect and rodent control .............. .30 8.1
Exterior structure .................... .30 4.1
Roofs ............................... 304.7
Storm drainage ........................ 507
ROOF
ROOM
Bedroom and living room .............. .40 4.4
Cooking facilities ..................... .40 3.3
Direct access ....................... .50 3.2
Habitable ........................... ,402.1
Heating facilities ........................ 602
Light ................................. 402
Minimum ceiling heights ............... .40 4.3
Minimum width ...................... .40 4.2
Overcrowding ....................... -404.5
Prohibited use ..................... .404. 4.4
Temperature ........................ .60 2.5
Toilet ................................. 503
Ventilation ............................ 403
ROOMING HOUSES (See DORMITORY)
RUBBISH
Accumulation ....................... ,307.1
Definition ............................. 202
Disposal ............................ 307.2
Garbage facilities ................... ,307.3.1
Rubbish storage .................... ,307.2.1
Storage .......................... .307. 2.1
S
SAFETY. SAFE
Chimney ........................... 304.11
Condemnation ...........
Electrical installation .................. .60 5.1
Emergency measures ...............
Fire safety requirements .............
Fireplaces .......................... .60 3.1
Intent .............................. .10 1.3
Safety controls ...................... .60 3.4
Scope .............................. 101.2
Unsafe structures and equipment .......... 108
Bathroom and kitchen floors ............. 305.3
Cleantiness ................... .304.1,30 5.1
Disposal of garbage .................. .30 7.3
Disposal of rubbish ........... ... .30 7.2
... .30 2.1 Exterior property areas ........
Exterior structure .................... .30 4.1
Food preparation .................... .40 4.7
Furnished by occupant ................ .30 2.1
Interior surfaces ..................... .30 5.3
SANITARY
2006 INTERNATIONAL PROPERTY MAINTENANCE COO€@ 29
INDEX
Plumbing fixtures .................... .50 4.1
Required plumbing facilities ............... 502
Scope .............................. 101.2
Window ............................ 304.13
Insect screens ...................... .30 4.14
SASH
SCREENS
SECURITY
Basement hatchways ............... ,304.1 8.3
Building ........................... .30 4.18
Doors ........................... .304.1 8.1
Vacant structures and land ............. .30 1.3
Windows ........................ .304.1 8.2
Insect screens ...................... .30 4.14
Fire-resistance ratings ................... 703
Privacy ............................. 404.1
Separation of units ................... .40 4.1
SELF-CLOSING SCREEN DOORS
SEPARATION
Water closet and lavatory .............. .50 2.1
Electrical ........................... .60 4.2
Method ............................. 107.3
Notices and orders .............. 107.1, 108.3
Service on occupant .................. .IO 8.3
General ............................ .50 6.1
Maintenance ........................ .50 6.2
Bathtub or shower .................... .50 2.1
Rooming houses ..................... .50 2.2
Water heating facilities ................ .50 5.4
Water system. ......................... 505
Signs. marquees and awnings .......... ,304.9
Extermination .......................... 308
Kitchen sink ........................ .50 2.1
Sewage system ........................ 506
Water supply ........................ .50 5.3
Habitable room. light .................... 402
Habitable room. ventilation ............... 403 Room area ........................ .404. 4.1
Alarms ............................. .70 4.2
Interconnection ...................... .70 4.4
Power source ....................... .70 4.3
General. light .......................... 402
General. ventilation ..................... 403
Occupancy limitations ................... 404
SERVICE
SEWER
SHOWER
SIGN
SINGLE-FAMILY DWELLING
SINK
SIZE
SMOKE
SPACE
Privacy ............................. 404.1
Scope .............................. 401.1
STACK Chimneys .......................... 304.11
STAIRS
Common halls and stairways. light ....... .40 2.2
Exit facilities ........................ .30 5.4
Handrails .................... .304.12,30 5.5
Luminaires ......................... .60 5.3
Public areas ........................ .30 2.3
Stairs and porches .................. .30 4.10
Referenced ......................... ,102.7
Food preparation .................... .40 4.7
Garbage storage facilities .............. .30 7.3
Rubbish storage facilities ............. .307. 2.1
Sanitation .......................... .30 7.1
Accessory structures ................. .30 2.7
Closing of vacant structures ............. 108.2
Definition ............................. 202
Emergency measures ................... 109
General. exterior ..................... .30 4.1
General. condemnation .................. 110
General, interior structure .............. .30 5.1
Placarding of structure ................. 108.4
Structural members ............. .304.4.30 5.2
Vacant structures and land ............. .30 1.3
Combustion air ...................... .60 3.5
Connections ........................ .50 5.1
Water heating facilities ................ .50 5.4
STANDARD
STORAGE
STRUCTURE
Scope .............................. 301.1
SUPPLY
Water supply ........................ .50 5.3
Water system .......................... 505
Exterior surfaces ............... .304.2.30 4.6
Interior surfaces ..................... .30 5.3
Swimming pools ............... .303.1.30 3.2
Safety covers ....................... .30 3.2
SURFACE
SWIMMING
T
TEMPERATURE
Nonresidential structures .............. .60 2.4
Water heating facilities ................ .50 5.4
Residential buildings .................. .60 2.2
Scope .............................. 101.2
Agency ............................ 105.3.2
Methods .......................... .105. 3.1
Reports .......................... .105. 3.3
Required ............................ 10 5.3
Process ventilation ................... .40 3.4
Rubbish and garbage ................... 307
TENANT
TEST, TESTING
TOXIC
TRASH
30 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@
INDEX
U W
UNOBSTRUCTED
Access to public way .................. .70 2.1
Qeneral. egress ..................... .70 2.1
Equipment ........................ ,108.1.2
Existing remedies .................... .IO 2.4
General. condemnation ............. .108. 1 10
General. demolition ..................... 110
Notices and orders ............... .107.10 8.3
Structure .......................... 10 8.1 . 1
Application of other codes .............. 102.3
UNSAFE
USE
General. demolition ..................... 110
VACANT
Closing of vacant structures ............. 108.2
Emergency measure .................... 109
Method of service ............... 107.3, 108.3
Notice to owner or to person
responsible ................... .107.10 8.3
Placarding of structure ................. 108.4
Vacant structures and land ............. .30 1.3
Exhaust vents ....................... ,302.6
Process ventilation ................... .40 3.4
Inoperative ......................... .30 2.8
Painting. ........................... .30 2.8
Connections ........................ .50 4.3
Exhaust vents ....................... .30 2.6
Flue ................................ 603.2
VAPOR
VEHICLES
VENT
V ENTl LATlON
Clothes dryer exhaust ................. .40 3.5
Combustion air ...................... .60 3.5
Definition ............................. 202
General. ventilation ..................... 403
Habitable rooms ..................... ,403.1
Process ventilation ................... .40 3.4
Recirculation .................. .403.2. 403.4
Toilet rooms ........................ .40 3.2
Condemnation ......................... 108
Insect and rat control .............. 302.5, 308
Condemnation ......................... 108
General .............................. 106
Notice ......................... .107.10 8.3
Penalty ............................. 106.4
Placarding of structure ................. 108.4
Prosecution ......................... .lo 6.3
Strict liability offense ............... 106.3, 202
Transfer of ownership .................. 10 7.5
VERMIN
VIOLATION
WALK
WALL
Sidewalks .......................... .30 2.3
Accessory structures ................. .30 2.7
Exterior surfaces ............... .304.2.30 4.6
Exterior walls ....................... .30 4.6
Foundation walls ..................... .30 4.5
General. fire-resistance rating .......... .70 3.1
Interior surfaces ..................... .30 5.3
Outlets required ..................... ,605.2
Temperature measurement ............ .60 2.5
Disposal of garbage .................. .30 7.3
Disposal of rubbish ................... .30 7.2
Dwelling units ....................... .50 2.1
WASTE
Garbage storage facilities ............ .307. 3.1
WATER
Basement hatchways ................ .30 4.16
Connections ........................ .50 6.1
Contamination ....................... .50 5.2
General. storm drainage ................. 507
General. water system ................... 505
Heating ............................ .50 5.4
Hotels ............................. .50 2.3
Kitchen sink ........................ .50 2.1
Required facilities ...................... 502
Rooming houses ..................... .50 2.2
Supply .............................. 505.3
System ............................... 505 ....................... 503
ilities ................ ,505.4
General. sewage ....................... 506
WEATHER, CLIMATE
Heating facilities ........................ 602
Rule-making authority .................. 104.2
Window and door frames ............. ,304.13
Noxious weeds ...................... .30 2.4
Minimum room width .................. .40 4.2
Weather tight ....................... ,304.13
Window and door frames ............. .30 4.13
Emergency escape ................... .70 2.4
Glazing .......................... .304.1 3.1
Guards for basement windows ......... .30 4.17
Habitable rooms ..................... .40 2.1
Insect screens ...................... .30 4.14
Interior surface ...................... .30 5.3
Light ................. ............ 402
Openable windows ................ .304.1 3.2
Toilet rooms ........................ ,403.2
Ventilation ............................ 403
Weather tight ....................... ,304.13
Window and door frames ............. .30 4.13
WEATHER STR I P
WEEDS
WIDTH
WIND
WINDOW
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ 31
INDEX
WORKER
WORKMANSHIP
Employee facilities. ............. .503.3,602.4
General ............................ .lo25
32 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 28, 2008
Meeting Date: December 4,2008
Ordinance 32,2008
SubjecUAgenda Item: Second Reading and Adoption: An Ordinance of the City
Council amending Chapter 54, Solid Waste, Article I, in General, adopting the new
definition “Post-Disaster Debris”; further amending Chapter 54, Article Ill, Collection, by
adopting an entirely new section 54-63, entitled “Post-Disaster Debris Collection”.
[XI Recommendation to APPROVE
] Recommendation to DENY
Finance Ad nis rator a-
Submitted by:
Jack Doughney
Community Services
Administrator
Department Administrator
Originating Dept.: d
David Reyes,
Community Services
Advertised: NIA
Date:
Paper:
[ X ] Not Required
Affected parties
motified
[ X ] Not required
costs: $M
(Total)
ti
Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#: NIA
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attach men ts :
DSG Page-I05
Ordinance 32,2008
[ ]None
Date Prepared: November 24,2008
Meeting Date: December 4,2008
Ordinance 32,2008
BACKGROUND:
Per the City’s Comprehensive Emergency Management Plan (CEMP), it has been
determined that in order to fully implement the CEMP, a need exists to provide for entry
onto public lands, public roads, and private roads in order to effect postdisaster debris
collection. The removal of postdisaster debris from public lands, public roads, and
private roads is necessary in order to preserve and protect the health, safety, welfare,
and economic recovery of the community at large. Consequently, the proposed
Ordinance implements specific policies that allow such activities.
In addition, the proposed Ordinance authorizes and directs the City Manager to expend
public funds as necessary in order to implement the CEMP and to collect and remove
disaster debris within the corporate boundaries of the City as is deemed necessary. It
also establishes guidelines as required by the Federal Emergency Management Agency
(FEMA) that will maximize the possibilities for reimbursement under the Public
Assistance program.
In the past, the position of the Federal Emergency Management Agency (FEMA) has
been that disaster debris collected within gated communities and private roads is not
eligible for reimbursement under the Public Assistance program. However, FEMA has
recently released the Disaster Specific Guidance Manual (see attached), which
identifies circumstances under which debris collected from private roads and gated
communities may be determined as eligible for reimbursement under the Public
Assistance program. In order for the City to be considered for reimbursement on such
roadways, the City must have a policy in place that states the City collects debris from
private roads in order to preserve and protect the health, safety and welfare of our
residents. The proposed Ordinance implements such policy.
Ordinance 32, 2008 was approved on first reading at the November 20, 2008 City
Council meeting.
STAFF RECOMMENDATION:
Approve Ordinance 32,2008 as presented.
Copy of page 105 of the Disaster Specific Guidance Manual (DSG)
Copy of page 105 of the Disaster Specific Guidance Manual (DSG)
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ORDINANCE 32,2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING CHAPTER 54, SOLID
WASTE, AT ARTICLE I, IN GENERAL, BY AMENDING SECTION
DISASTER DEBRIS”; FURTHER AMENDING CHAPTER 54 AT
ARTICLE 111, COLLECTION, BY ADOPTING AN ENTIRELY NEW
COLLECTION”, IN ORDER TO PROVIDE FOR IMPLEMENTATION
OF THE CITY’S COMPREHENSIVE EMERGENCY MANAGEMENT
PLAN (CEMP); FURTHER PROVIDING FOR DECLARATION OF
FINDINGS AND INTENT; PROVIDING THAT EVERY OTHER
SHALL REMAIN THE SAME AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
54-1, DEFINITIONS, BY ADOPTING THE NEW DEFINITION “POST-
SECTION 54-63, ENTITLED “POST-DISASTER DEBRIS
SECTION AND SUB-SECTION OF CHAPTER 54, SOLID WASTE,
WHEREAS, the City Council has established a Comprehensive Emergency
Management Plan (CEMP) and has determined that in order to fully implement the
CEMP a need exists to provide for entry onto public lands, public roads, and private
roads in order to effect post-disaster debris collection; and
WHEREAS, the City Council has determined that the removal of post-disaster
debris from public lands, public roads, and private roads in an expedient manner is
necessary in order to preserve and protect the health, safety, and welfare of the public;
and
WHEREAS, the expedient removal of such debris will minimize the threat of
additional damage to property and will promote the economic recovery of the
community at large; and
WHEREAS, in order to implement provisions of the CEMP, the City Manager is
hereby authorized and directed to expend public funds as necessary in order to
implement the CEMP and to collect and remove disaster debris within the corporate
boundaries of the City as is deemed necessary.
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
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Date Prepared: October 8,2008
Ordinance 32, 2008
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. Chapter 54, Solid Waste of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article I, In General, at Section 54-
1 , Definitions, by adding the new definition “Post-Disaster Debris”, providing that “Post-
Disaster Debris” shall hereafter be defined and read as follows and shall be inserted
into the Definitions section in alphabetical order:
Post-Disasfe r Debris means the remains of broken or damaged veaetation. vard
or aarden trash, and those Dortions of buildings or structures that were downed or
damaaed as a result of a declared disaster.
SECTION 3. Chapter 54, Solid Waste of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article Ill, Collection, by adopting
an entirely new Section 54-63 to be entitled “Post-Disaster Debris Collection”, providing
that this section shall hereafter read as follows:
Sec. 54-63. Post-Disaster Debris Collection
la1 Declaration of Findings. The Citv Council herebv finds that post-disaster
debris is conducive to harboring and breedina vermin and disease and areatlv increases
the risk of fire and Presents a real and tanaible threat to the health, safetv. and welfare
of the public. Furthermore, such debris constitutes a hazard and impediment to all
modes of transoortation. the provision of emergencv and relief services. and to
commerce. Therefore, it is in the best interest of the Public to collect and remove Dost-
disaster debris from all public lands, Dublic roads. and private roads.
4b1 Declaration of Intent. The Citv Council herebv declares its intent to
imdement the Comprehensive Emeraencv Manaaement Plan (CEMP1 bv Drovidina for
the collection and removal of disaster debris throughout the corporate boundaries of the
Citv, where such debris is deDosited won Dublic and private roads and all public lands
and/or areas of the Citv in order to minimize threats to the health. safetv, and welfare of
the public.
Ic’l lmplementation of the Co morehensive Emeraencv Manaaement Plan.
[CEMP) The Citv Manager is herebv authorized and directed to expend Dublic
funds as necessarv in order to implement the CEMP and to collect and remove disaster
debris within the corporate boundaries of the Citv as is deemed necessary under the
followina conditions:
41, the provisions of the CEMP: or
When a local state of emeraencv has been declared in accordance with
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Date Prepared: October 8, 2008
Ordinance 32, 2008
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a
12) Florida or the Federal government.
When a state of emeraencv has been declared bv either the State of
id) Collection Procedures. When the Citv activates the CEMP and beains to
perform post-disaster debris collection, in order for the Citv to remove the debris it must
be Dlaced as follows:
Public Roads - Debris shall be Dlaced within the riaht-of wav for pickup. but in no
case shall anv person! corDoration. or entitv place debris in the roadwav or
imDede the flow of vehicular or Dedestrian traffic bv the placement of such debris.
Private Roads - Debris shall be placed at the edae of pavement or brought up to
the nearest public riaht-of wav at the owner’s expense.
SECTION 4.
Secs. 54-63 - - 54-85. Reserved.
SECTION 5. All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
SECTION 6. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
SECTION 7. Specific authority is hereby given to codify this Ordinance.
SECTION 8. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page intentionally left blank)
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Date Prepared: October 8, 2008
Ordinance 32, 2008
PASSED this 202 day of Pd/@'lOW , 2008, upon first reading.
PASSED AND ADOPTED this day of ,2008, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Eric Jablin, Mayor
-
David Levy, Vice Mayor
-
Joseph R. Russo, Councilmember
Jody Barnett, Councilmember
Robert G. Premuroso, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
RY:
FOR AGAl N ST ABSENT
-..
R. Max Lohman, Interim City Attorney
G:\attorney~share\ORDI"NCES\2008\Ordinance 32 2008 - Post-Disaster Debris Recovery FinaLdocx
4
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: Decem-er 4,2
SUBJECT/AGENDA ITEM
Request for Information: A request by City Council for information regarding the land use,
zoning, and historical data for the District Park. City Council requested information in order to
facilitate the discussion regarding the potential purchase of the District Park from Palm Beach
County. The 81.80-acre site is located on the Northeast corner of the intersection of Central
Boulevard and 117* Court.
[ ] Recommendation to APPROVE
[ ] Recommendation to DENY
1 Reviewed by:
Finance NIA
Development
Compliance NIA
Bahareh Keshavarz-Wolfs,
AICP
Growth Manage
Administrator
Kara L. Irwin, A.I.C.P.
City Manager
Originating Dept.:
Growth Management:
Project
Kara L. Irwin
[XI Quasi -Judicial
[ ] Legislative
[ 3 Public Hearing
Advertised:
Date:
Paper:
[ ] Required
[XI Not Required
Affected Parties:
[ ]Notified
[XI Not Required
FINANCE: N/A
Costs: $ NIA
Total
$ N/A
Current F’
Funding Source:
[ ] Operating
[XI Other3
Budget Acct.#:
NIA
Zity Council Action:
Approved
App. wl conditions
Denied
Rec. approval
Rec. app. wl conds.
Rec. Denial
[ ] Continued to:
Attachments:
0 Vacant Lands Map
0 Vacant Lands Table
I
Meeting Date: December 4,2008
Page 2 of 7
EXECUTIVE SUMMARY
Currently, the City has approached the Board of County Commissioners to negotiate the possibility
of purchasing the District Park. City Council has requested information fiom staff regarding the
land use and zoning of the site, as well as suitability of a school on the site in order to facilitate the
discussion regarding the potential purchase of the District Park fiom Palm Beach County.
The following table represents an overview of the issues that City Council requested staff to address
regarding the District Park:
tixisting Land Use Category
Residential Medium Planned Requires
& Residential High Development Area rezoning
Potential Land Use Category
(PDN
Conservation
Public I Institutional
Recreation and Open
Space c Recreation and Open
Space L
Conservation
(CONS)
Public I
Institutional (PA)
Public I
Institutional (Ph)
Conservation
(CONS)
Prohibited
Major
Conditional Use
Major
Conditional Use
Prohibited
Sets land aside for
conservation
. Land can be utilized
for any civic/public
purpose, including
passive and active
recreation demands
0 Land can be utilized
for any civic/public
purpose, including
passive and active
recreation demands
Sets land aside for
conservation
D Landcannotbe
utilized for hture
active recreation
demand without land
use amendment
B Exotic removal
required and
Management Plan
Open to request for
land from any non-
profit, civic
organizations . Open to request for
land from any non-
profit, civic
organizations
Land cannot be
utilized for future
active recreation
demand without land
use amendment . Exotic removal
required and
Management Plan
Based on the research completed for the analysis, it is staffs professional opinion that the City
Council should consider setting the land aside as Recreation and Open Space to provide the
opportunity for meeting the City’s obligations for parks and recreation in the future in order to
meet recreation and park LOS.
Meeting Date: December 4,2008
Page 3 of I
BACKGROUND
The 8 1.80-acre District Park site currently has a land-use designation of Residential Medium (RM),
which allows up to seven dwelling units per acre. The site has a zoning designation of Planned
Development Area (PDA), which is defined by the Land Development Regulations as large tracts of
land that are established as holding zones until applications for development order approval are
submitted. Any development of the site would require a zoning amendment to a Planned
Development.
Currently, the City has approached the Board of County Commissioners to negotiate the possibility
of purchasing the District Park. City Council has requested information from staff in order to
facilitate the discussion regarding the potential purchase of the District Park from Palm Beach
County.
LAND-USE AND ZONING
The District Park site has two land-use designations of Residential Medium (RM) and Residential
High (RH), as shown on the City’s Future-Land Use Map. The Site is currently zoned Planned
Development Area (PDA), which requires, according to Comprehensive Plan Policy 1.2.4.2 (b).,
that the parcel rezone as either a Planned Community District (PCD) or a Planned Unit
Development (PUD).
The existing land uses and zoning designations of properties surrounding the site are provided in the
following table:
ZONING CLASSIFICATIONS, LAND-USE DESIGNATIONS
EXISTISG USE ZONING LAND USE 1 I
Subject Property Planned Development Area Residential Medium (RM)
Vacant (PDA) Residential High (RH)
North Planned Community District Residential High (RH)
Parcel 31 a.k.a. Old Palm PCD (PCD)
&I&
Bent Tree PUD Planned Unit Development Residential Medium (RM) (PUD)/ RL-2
Public Duncan Middle School & Timber Trace Elementary Schools P/I
Interstatexghway 95 NA NA East
Residential High (RH)
Residential Medium (RM) Planned Community District West
Parcel 31 a.k.a. Old Palm PCD (PCD)
ENVIRONMENTAL ISSUES
The site is heavily wooded with pine flatwoods, palmetto prairie, and wetlands. Currently, 70% of
the site consists of viable native uplands. Existing on-site are several plant and animal species that
Meeting Date: December 4,2008
Page 4 of7
are identified by the State of Florida as threatened, endangered, or of special concern.
The site also contains several exotic and nuisance plant species, which have invaded the ecosystem
of the site. These exotics include melaleuca, acacia, downy rose myrtle, Brazilian pepper,
Australian pine, climbing fern, Surinam cherry, schefflera, guava, creeping oxeye, carrotwood, and
jave plum. Any use of the site will be enhanced by the removal of these exotic plants.
As a requirement of the City's Land Development Regulations, 25% of the viable uplands are
required to be set aside on site, which reduces the amount of net developable property for active
recreation purposes. This requirement cannot be waived by City Council.
LAND USE COMPATIBILITY WITH THE SURROUNDING AREA
The 8 1.80-acre site is surrounded by residential, a school, Central Boulevard, and Interstate-95. The
adjacent residential and public uses are compatible with the existing land-use designation, yet
additional residential development in that area would have additional impacts on the 117* Court
roadway. Access and intensity of use will be evaluated during the development review process for
the site.
In the event that the City purchases the property, staff has provided an evaluation of the following
compatible land-use designations; Conservation, Public / Institutional, Recreation and Open Space
(Please note that it is assumed that a residential land use is undesirable for City purposes).
Conservation
Conservation is one of the least intensive land uses within the City's Comprehensive Plan. The
Conservation (CONS) land-use designation is identified as environmentally sensitive or
environmentally significant lands that have been set aside as protected preserves. Limited
development, such as passive recreation or ecotourism activities are permitted within this category.
It is stafs professional opinion that the designation of the subject property as Conservation
(CONS) is a compatible land-use with the surrounding uses, but it does not provide for the City's
fiture active recreation needs. In the event that it is determined that the current Level of Service is
not adequate or population projections change due to annexation or land-use amendments, a land-
use amendment would be required.
Public / Institutional
Public / Institutional category is intended to denote areas where existing and proposed public and
institutional facilities such as schools, libraries, fire stations and government offices are allowed.
The compatible zoning district for this category shall be the PA zoning district.
Among the sites designated are the existing City Hall at the intersection of Military Trail and Burns
Road, existing school sites, and the Palm Beach Community College and North County Courthouse
on PGA Boulevard.
The uses permitted in the Public / Institutional category shall be limited intensity to 40% maximum
lot coverage of the site and a maximum building height of 50 feet.
Meeting Date: December 4,2008
Page 5 of 7
Public and institutional uses are required to be approved as conditional uses pursuant to the Palm
Beach Gardens Zoning Code if the specific rules and location criteria governing individual
conditional uses are complied with.
It is stafs professional opinion that the designation of the subject property as Public/Institutional
(PI0 is a compatible land-use with the surrounding uses, and it does provide the opportunity for the
City's future active recreation needs, in the event that it is determined that the current Level of
Service is not adequate or population projections change due to annexation or land-use
amendments.
Recreation and Open Space
The Recreation and Open Space (ROS) category is intended to denote where public parks,
recreation complexes, and protected open spaces are allowed. The compatible zoning district for
this category is the P/I and Conservation (CONS) zoning district.
The recreation and open space uses shall be limited in intensity to 40% maximum lot coverage of
the site and a maximum building height of 45 feet. The land development regulations may further
restrict intensities.
It is stafs professional opinion that the designation of the subject property as Recreation and Open
Space (ROS) is a compatible land-use with the surrounding uses, and it does provide the
opportunity for the City's future active recreation needs andpassive recreation needs, in the event
that it is determined that the current Level of Service is not adequate or population projections
change due to annexation or land-use amendments.
MAJOR ISSUES
Population Projections and Parks Level of Service (LOS)
The City utilizes the University of Florida's Bureau of Economic and Business Research (BEBR)
data, which estimates that its permanent population has grown to approximately 49,387 in 2007.
The City has a history of growth; both in population and in municipal acreage. Within the last seven
years, the population increase almost equals the number of persons added to the City population in
the 20 years between 1970 and 1990. The City is projected to continue growing, with projections
fiom the County's 2006 Population Model indicating the City's 20 15 population to be 6 1,076. This
estimate does not factor increases in the City's municipal area, such as voluntary, legislative, or
involuntary annexation initiatives.
In order to accommodate these growth trends with parks and recreation services, the City must plan
accordingly for adequate maintenance of the existing parks and recreation services as well as the
provision of new services for future growth.
In order to assess whether future growth can be accommodated, the current Level of Service (LOS)
must be multiplied by anticipated population of a given year. Based on a hture population of
61,076 permanent residents by 2015, and an existing LOS standard of 3.7 acres per 1,000 people,
the City currently has sufficient parks and recreation acreage to accommodate residential growth
until 2015.
Meeting Date: December 4,2008
Page 6 of 7
It is important to note that policies have been added to the Recreation and Open Space Element to
ensure that the City reviews its LOS on a periodic basis. The following policy was proposed as part
of the City’s EAR-based Comprehensive Plan amendments:
Policy 7.1.1.3.: By 2009, the City shall review its LOS standard to reflect current trends. The LOS
standard shall consider the addition of specijic types of facilities, such as soccer fields, basketball
courts, tennis courts, etc. or more general categories, such as active and passive recreation areas
and open space. The LOS standard shall also consider the addition of recreational programs.
When comparing other surrounding Cities and Counties in the Treasure Coast area and their
current LOS for parks and recreation facilities, the Citv’s LOS (3.7 acres /1,000 persons) is slightlv
lower than the average standard, For example, St. Lucie County and Indian River County have an
existing LOS standard of 5 acres/l, 000 persons, the Village of Wellington IO acres/l, 000 persons;
West Palm Beach 5.5 acres/l, 000 persons, and Palm Beach County 5. I2 acres/l, 000 persons.
Additionally, policies have been added to the Future Land Use Element to ensure that the City plan
for the annexation of unincorporated areas within the City’s Future Annexation Area Map. The
following objective and policy were proposed as part of the City’s EAR-based Comprehensive Plan
amendments:
Objective 1.3.7.: Coordinate the annexation of unincorporated enclaves within the City’s
annexation area and ensure the provision of City services prior to their annexation.
Policy 1.3.7.3.: The City shall encourage a compact and sustainable municipal boundary. By
December 31, 2009, the City shall assess the current Potential Future Annexation Map (Map
A.4.) and prepare a comprehensive annexation study. The study shall include guiding policies
related to the annexation of unincorporated pockets and a plan to coordinate the transition of
unincorporated pockets into the City.
City Council adopted an objective aimed toward proactively planning for annexation and
maintaining a sustainable municipal boundary. The City currently has several enclaves that create
pockets of unincorporated parcels. Staff is undertaking an annexation study to ensure that prior to
annexation, levels of service standards are guaranteed. The annexation study also assesses the
current Potential Annexation Map and develops a comprehensive study of the feasibility of
annexing the parcels identified on the map. The study will also include implementation strategies
and level of service analysis for the City’s potential annexation areas.
Many of the potential annexation areas are existing residential developments, such as Cabana
Colony, Crystal Pointe, Monet Gardens Street, Pirate’s Cove, and Caloosa. In order to meet the
obiective, the City will have to plan for the provisions of services to these enclaves, which includes
the required demand for parks and recreation facilities.
School, Public or Private
City Council requested that staff evaluate the land use and zoning permissions and compatibility of
a ten (1 0) acre school facility on the District Park site. Currently, a school is not permitted under
the existing zoning designation, which is Planned Development Area (PDA), but is permitted within
the existing land use designation, provided the property is rezoned appropriately. The following
Meeting Date: December 4,2008
Page 7 of 7
table shows the ability to zone a school within the previously discussed land use categories and their
compatible zoning designations.
Conservation Conservation (CONS) Prohibited
Public / Institutional Public / Institutional (P/I) Major Conditional Use
Recreation and Open Space Major Conditional Use
Recreation and Open Space Conservation (CONS) Prohibited
Public / Institutional (P/I)
A public or private school is not a permitted or conditional use within the Conservation zoning
district, but is a major conditional use within the Public /Institutional zoning district.
Please note that land use and zoning are only a portion of the issues that determine the
compatibility and suitability of a use, such as a school, public or private. Currently, two schools
exist adjacent to the site, as well as share accessfiom the same intersection. Since both schools
have similar peak hours of operation and accessibility, the impacts on the access road, I I 7th Court,
affect the level of service of that roadway, as well as adjacent roadways.
Any use with similar impacts, such as a school, would increase the burden currently placed on the
adjacent roadways and increase the demand for additional access, such as the Shady Lakes / 117*
Court thoroughfare. Until an evaluation of the impacts could be evaluated, it is staff's professional
opinion that uses planned for the site should have alternate peak hours than those that currently exist
in the area, such as active and/or passive park activities.
STAFF RECOMMENDATION
Currently, the City's resource of vacant unentitled land is dwindling (see attached map and table), so
an opportunity to purchase lands to maintain LOS is limited. The addition of the District Park to the
City's inventory would allow the LOS to be maintained at approximately 7.0 acres/l000 persons,
which is comparable to current standards of surrounding communities. Until the LOS standard is
evaluated, it is staffs professional opinion that the land should be maintained under the City's
ownership for future recreation needs.
The uncertainty of the future demands of population on parks and recreation combined with the
existing demands that the two public schools (Duncan Middle and Timber Trace Elementary
Schools) have on the existing roadways, it is staffs professional opinion that the City Council set
the land aside as Recreation and Open Space to provide the opportunity for meeting the City's
obligations for parks and recreation in the future.
ATTORNEYS AT LAW
11 11 Hypoluxo Road, Suite 207
%, FU99462
TELEPHONE (561) 586-71 16
TELECOPIER (56 1) 586-96 1 1
* Certified County Court Mediator
A Board Certified in City, County and Local Government Law
JOHN CORBETT
TRELA J. WHITE
BRADLEY W. BIGGS *A
KEITH W. DAVIS*”
R. MAX LOHMAN
MICHAEL B. STEINBAUM
MEMORANDUM
TO: Ron Ferris, City Manager A
FROM: R. Max Lohman, Esq.
DATE: December 1,2008
RE: Limitations on the Acquisition, Sale and/or Disposal of Real Property
Regarding your inquiry with respect to the City’s ability to alienate property and the
mechanism or procedure through which the same is accomplished, I offer the following:
1. The legislature of the State of Florida has enacted legislation regarding the general powers and
authority of municipalities. Such legislation is found at Chapter 166, Floriida Statutes and is
informally known as the “Home Rule Powers Act”.
2. Municipalities shall have all the governmental, corporate and proprietary powers to enable
them to conduct municipal government, perform municipal hnctions and render municipal
services and may exercise any power for municipal purposes except when expressly prohibited
by law. §166.021(1), F.S. “Municipal purpose” is defined as, “...any activity or power which
may be exercised by the state or its political subdivisions.” §166.021(2), F.S. Article X,
section 11, Florida Constitution, provides that sale of the sovereign lands of the state may be
authorized by law, but only when in the public interest. Chapters 253 and 270, F.S.,
specifically authorize the state to alienate real property. Therefore, since the state may buy and
sell real property, so also may a municipality subject to the limitations of its charter and
ordinances.
3. Accordingly, section 5-2, subsection (26) of the City charter authorizes the City to “acquire bv
purchase, giR, devise, condemnation or otherwise, property real or personal, or any real estate
or interest therein, within or without the city and for any of the general purposes or operation of
the city when public need or convenience may require same, and to improve, sell, lease,
mortgage, pledge or otherwise dispose of the same or any part thereof.” However, even though
the City’s charter appears to grant broad discretion to the City to alienate property, prior to any
such transfer, exchange or sale, the City Council would need to make specific legislative
findings that the alienation of the subject property is in the best interests of the public. Such
public interesthenefit may not be merely incidental but must represent a real and substantial
benefit.
4. Article VII, section 10, Florida Constitution, prohibits the state and its subdivisions from using
their taxing power or pledging public credit to aid any private person or entity. The purpose of
this constitutional provision is "to protect public hnds and resources from being exploited in
assisting or promoting private ventures when the public would be at most only incidentally
benefitted." Bannon v. Port of Palm Beach District, 246 So. 2d 737 (Fla. 1971). However, if
the expenditure primarily or substantially serves a public purpose, the fact that the expenditure
may also incidentally benefit private individuals does not violate Article VII, section 10. Thus,
in order to satisfy Article VII, section 10, Florida Constitution, the expenditure of municipal
funds, whether directly or indirectly, must be for a public purpose.
5. Accordingly, in determining whether public hnds may be expended for the benefit of a private
entity, such as private roads, one must consider whether the governmental entity has a property
right or interest in such property, whether the public has an easement or right to use the
property, or whether the public receives a real and substantial benefit. These are legislative
determinations to be made by the governing body of the municipality.
Should additional information and/or research be desired, please advise.
Y:\docsWalm Besoh OardensUetlers & Memoa\Sale of Real Pr~Mema-Feris-2008.dac
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ORDINANCE XX, 2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING CHAPTER 2,
ADMINISTRATION. AT ARTICLE 111, BOARDS AND COMMITTEES.
IN ORDER TO AMEND THE COMPOSITION OF THE CITY'S
BOARDS AND COMMITTEES AND TO REVISE THE ATTENDANCE
POLICY AND THE APPOINTMENT PROCEDURES FOR SAME;
SECTION OF CHAPTER 2, ADMINISTRATION SHALL REMAIN THE
SAME AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-
WHEREAS, the City Council of the City of Palm Beach Gardens has become
aware of the need to amend the composition, meeting frequency, attendance policies
and appointment procedures for all appointed boards and committees; and
WHEREAS, the City staff has drafted certain amendments in order to improve
the efficiency with which the boards and committees conduct city business; and
WHEREAS, the City staff believes that such amendments improve the function of
the boards and committees, save valuable time, and reduce the costs associated with
the business conducted by the various boards and committees and
WHEREAS, Staff recommends that Chapter 2, Administration be amended to
accomplish this purpose; and
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the health, safety, and welfare or the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111, entitled "Boards and
Committees" by repealing and adopting Section 2-85, entitled "Announcement of
vacancies", as revised, providing that this section shall hereafter read as follows:
Page 1 of 9
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Sec. 2-85. Announcement of vacancies.
All vacancies in the membership of any appointive city board or committee shall be
announced by posting a notice of #bssame such vacancies at a public place in city hall,
by publishing a copy thereof in a newspaper of general circulation in the city, by posting
an announcement on the city website, or by such other method deemed appropriate by
the city, no later than March ISm for
the Ap ril amointment hearina and no later than SeD tember isrn for the October
These aDDO intment hear inas s hall nonnallv be conducted twice Der vear. once in Ami1
and once in Octobe r: however. the citv council mav conduct additional amointmen!
he 3 'nas if a an u t. The city
clerk shall also furnish to any member, whose term is expiring, a notice of such
expiration and advise if the member is eligible for reappointment.
aor>ointment+ &
SECTION 2. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach
Committees"
appointment
committees",
Sec. 2-86.
Gardens, Florida is hereby amended at Article 111, entitled "Boards and
by repealing and adopting Section 2-86, entitled "Procedure for
and filling vacancies; qualifications for membership of boards and
as revised, providing that this section shall hereafter read as follows:
Procedure for appointment and filling vacancies; qualifications for
membership of boards and committees.
Except as otherwise provided in this Code, appointments en @ boards and committees
shall be made at a regular city council meeting in amdance with the following
procedures:
Vacancies in the board or committee membership shall be filled
by - an alternate member 'I of that board or
committee for the unexpired term of the member affected or until the semi-
nual which ver m s first. If two vacancies
occur at the same time, the second vacant seat shall be filled by the second
alternate for the unemired term of the member affected or until the semi-
annual t /-Ll ents are m
noti th e alternate(s1 member(s1 of hisher chanae in status to a reaular
membe r in such cases.
The city clerk shall place on the council agenda the list of volunteers, including
current members who seek reappointment with their attendance and voting
records.
The city council may interview board and committee members who desire
reappointment and volunteers from the city clerk's list.
The city council shall, in public session, select the person needed to fill such
vacancy.
Page 2 of 9
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a
SECTION 3. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111, entitled "Boards and
Committees" by repealing and adopting Section 2-91 , entitled "Alternates", as revised,
providing that this section shall hereafter read as follows:
Sec. 2-91. Alternates.
(a) The city council shall designate a first alternate and a second alternate for each
board or committee.
.. (b) Alternates may
F1788kRg not be seated at the dais or staff table. particiDate in the discussion as if a
mber of the boar d or committee. or vote. unless such alternate member is
lace o f a reaular membe r who is absent. Nothina contained in this
sittina me
seated in the D fi lic
hearina as a member of the Dub lic.
(c) At all meetings, the chairperson of the board shall note for the record any member
who is absent.
(d) In the absence of a regular member, the first alternate shall sit in the absent
member's place. In the absence of a second regular member, the second alternate
shall sit in that absent member's place. Alternate members are encouraaed to attend all
rneetinas ~ of their r ive ittee o th t the mi ht be me mor
familiar with its functions and DT ocedures.
SECTION 4. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111, entitled "Boards and
Committees" by repealing and adopting Section 2-92 entitled "officers", as revised,
providing that this section shall hereafter read as follows:
Sec. 2-92. Officers.
(a) All boards and committees shall, at a meeting during the first quarter of the fiscal
year F, elect a chairperson and a vice-chairperson, and any other
officers as the board deems necessary. The chairperson shall preside at board
meetings and shall be the official spokesperson for the board.
(b) The vice-chairperson shall assume the duties of the chairperson in the absence of
the chairperson. At any meeting where the chairperson and the vice-chairperson are
absent, the board or committee shall appoint a chairperson pro tempore to assume the
duties of the chairperson.
SECTION 5. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111, entitled "Boards and
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Committees" by repealing and adopting Section 2-95 entitled "Quorum and required
vote", as revised, providing that this section shall hereafter read as follows:
Sec. 2-95.
6 A quorum for the transaction of business shall
consist of three members for boards and committees with five members. A quorum for
the transaction of business shall consist of two members for boards and committees
with three members.
(kmNm and required vote.
(a) N
(b) The affirmative vote of a majority of those present shall be necessary to take
official action. If any motion fails to achieve the affirmative vote of a majority of those
. motion shall fail; present, then such
except for a tie vote. in which case no action IS taken.
..
..
SECTION 6. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111, entitled "Boards and
Committees" by repealing and adopting Section 2-96 entitled "Removal of members", as
revised, providing that this section shall hereafter read as follows:
Sec. 2-96. Removal of members-ce wlicy.
(a) Except as otherwise provided by ordinance, any member who no longer resides
within the city during his/her term shall automatically cease to be a member of the board
and shall inform the city clerk's office.
(b) Any member of the planning, zoning, and appeals board who is absent from four
consecutive regularlv sch eduled meetings or cumulativelv more than 25 percent of
regular& scheduled meetings win a= 12-month period shall be automatically
removed as a member of the board. Any member of any other board or committee who
is absent from three consecutive regularlv schedu led meetings or more than 25 percent
of regular!! scheduled meetings within am 12-month period shall be automatically
removed as a member of the respective board or committee. Automatic removal of a
member shall cause a vacancy to exist in the membership of the particular board or
committee. The city clerk shall send written notice of such automatic removal to the
affected member.
(c) ..
reasons shall be cons idered excused a nd shall not be counted aaainst the board or
committee member: comolvina w ith a sub00 ena in anv court, documented
hOSD italization of o ne's setf. SDOUS~. child. siblina or Darent. and iurv d UtV.
(d) All board and committee members shall serve at the Dleasure of the citv council
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and mav be removed without cause at anv time bv a maioritv vote of the citv council, unless otherwise Drovided bv the Charte r or Florida Statutes.
SECTION 7. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111, entitled "Boards and
Committees" by repealing and adopting Section 2-1 08 entitled "Membership", as
revised, providing that this section shall hereafter read as follows:
Sec. 2-108. Membership.
(a) The boardg shall consist of s8y8~ five regular members and two alternates. Initial
appointment of members e# & the board shall be for the following respective terms:
Few Three regular members and one alternate for two years; Thrnn regular
members and one alternate for one year; thereafter, all appointments shall be for a term
of two years.
(b) Appointments shall be made by the city council based on experience and interest
in arts and cultural issues in the city and shall, whenever possible, include persons who
have professional expertise or substantial volunteer involvement in:
(1 ) Visual, performing, or literary arts.
(2) Architecture, design, or urban planning.
(3) Arts and cultural institution management.
(4) Education.
SECTION 8. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111, entitled "Boards and
Committees" by repealing and adopting Section 2-1 09 entitled "Meetings", as revised,
providing that this section shall hereafter read as follows:
Sec. 2-1 09. Meetings.
@-Meetings shall be at the call of the chairperson, provided the board shall convene
no less often than once 7 per auarter.
SECTION 9. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111, entitled "Boards and
Committees" by repealing and adopting Section 2-1 18 entitled "Membership", as
revised, providing that this section shall hereafter read as follows:
Sec. 2-1 18. Membership.
(a) The board shall consist of 6wwt five regular members and two alternates. Initial
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appointment of members of the board shall be for the following respective terms: Few
Three regular members and one alternate for two years; #bfee two regular members and
one alternate for one year, thereafter, all appointments shall be for a term of two years.
(b) Appointments shall be made by the city council based on experience and interest
in improving community and neighborhood aesthetics and shall, whenever possible,
include members with a background in building construction, architecture, urban design,
horticulture, landscaping, and related fields.
SECTION 10. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111, entitled "Boards and
Committees" by repealing and adopting Section 2-1 19 entitled "Meetings", as revised,
providing that this section shall hereafter read as follows:
Sec. 2-1 19. Meetings.
Meetings shall be at the call of the chairperson, provided the board shall convene no
less often than once per qua rter.
SECTION 11. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111, entitled "Boards and
Committees" by repealing and adopting Section 2-1 38 entitled "Membership", as
revised, providing that this section shall hereafter read as follows:
Sec. 2-1 38. Membership.
(a) The board shall consist of seve~ five regular members and two alternates. Initial
appointment of members of the board shall be for the following respective terms: Few
Three regular members and one alternate for two years; #hfee two regular members and
one alternate for one year, thereafter, all appointments shall be for a term of two years.
(b) Appointments shall be made by the city council based on experience and interest
and shall, whenever possible, indude:
(1 ) A participant in senior targeted activities.
(2) A tennis center participant.
(3) A golf course participant.
(4) A recreational programming participant.
(5) An aquatics programming participant.
(6) An adult sports programming participant.
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(7) An arts and cultural advocate.
(8) A special population advocate.
(9) A volunteer from the PBG Youth Athletic Association.
SECTION 12. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111, entitled "Boards and
Committees" by repealing and adopting Section 2-1 39 entitled "Meetings", as revised,
providing that this section shall hereafter read as follows:
Sec. 2-1 39. Meetings.
(a) Meetings shall be at the call of the chair, provided the board shall convene no less
often than 7 once per auarter.
SECTION 13. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article 111, entitled "Boards and
Committees" by repealing and adopting Section 2-1 48 entitled "Membership", as
revised, providing that this section shall hereafter read as follows:
Sec. 2-148. Membership.
(a) The board shall consist of seven five regular members and two alternates.
Additionally, there shall be a representative of the school district appointed by the
school board as a nonvoting member. Initial appointment of members of the board shall
be for the following respective terms: Few Three regular members and one alternate for
two years; )hmn regular members and one alternate for one year, thereafter, all
appointments shall be for a term of two years.
(b) Members of the board shall be residents of the City of Palm Beach Gardens, and
shall be chosen from the following professions as outlined below:
(1) At least one of each of the following disciplines:
Architects;
Enaineers;
3 re nti I contr ctors.
(2) At least one of the following disciplines:
Attorneys; EZZZ? professionals;
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Environmental professionals;
LandscaDe architects;
Planners;
Division 2 (MEPI contractors;
Land surveyors.
(3) At least one of the following:
One resident at large.
44) When newssaw. alternate members should be seated to the areatest extent
possible. based on the need for anv particular discioline.
SECTION 14. All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
SECTION 15. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
SECTION 16. Specific authority is hereby given to codify this Ordinance
SECTION 17. This Ordinance shall become effective immediately upon
adoption.
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1 PASSED this day of , 2008, upon first reading.
2
3 PASSED AND ADOPTED this day of , 2008, upon second
4 and final reading.
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9 BY:
CITY OF PALM BEACH GARDENS
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Eric Jablin, Mayor
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David Levy, Vice Mayor
- Joseph R. Russo, Councilmember
Jody Bamett, Councilmember
Robert G. Premuroso, Councilmember
FOR AGAINST ABSENT
25 ATTEST:
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28 BY:
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33 LEGAL SUFFICIENCY
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36 BY:
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Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
R. Max Lohman, Interim City Attorney
45 \~bgvfle\Attorneybttomey_shareX)RDINANCES~~~~~ XX 2008Amending Boards 8 Cornrnissions.doc
Page 9 of 9
L
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
December 4,2008
7:OO P.M.
Mayor Jablin
Vice Mayor Levy
C unci1 Member Russo
Council Member Barnett
Council Member Premuroso
PLEDGE OF ALLEGIANCE
IL ROLLCALL
c ,%. (Pa Economic Develo ment and Transportation. *ur PauJY-4 -pAcCwok-uq
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITYMANAGERREPORT
VIL COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, Dlease submit
reauest form to the Citv Clerk Drior to this Item)
VIIL CONSENT AGENDA:
a.
b.
!Yaw 13tApprove Minutes from October 2,2008 regular City Council meeting.
(Staff Report an ~~€-~~~Rcrolrttim!_~~!- Fh~-.2)_Resolution 101, 2008 -
Village Square Plat III. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the Village Square Plat No. 3; providing an
effective date; and for other purposes
w 54
part I -iS)trrsCiudicial I2
Part II - Non-Ouasi-iudicial
(Staff ReDort on Page 28, Ordinance on Page 49)
reading and adohon) Land Use Desimation of the Loxahatchee Slough and
Sandhill Crane.lAn Ordinance of the City Council of the City of Palm Beach
adopting a large scale amendment to its Comprehensive
in zkcordance with the mandates set forth in Chapter 163,
specifically Section 163.3 184, et seq., Florida %tut es, pursuanl
application no. CPMA-08-04-000008, which provides for an
to the City’s Future Land Use Map designating fourteen (14) parcels
f red property comprising apjpximately two thousand twenty-four (2,02421
cres, mo~ or less, in size as “Caas - Conservation”; such parcels of land are
ocated No& of Beeline Highway and PGA Boulevard, informally known as the
‘Loffataatchee Slough and sardB;ill Crane Natural Areas’’; providing foi
complim with all reqyiremets of Chapter 163, Florida Statutes; providing foi
transmittal to the State Land Ph&g Agency; providing a conflicts clause, 8
,severab@ clause - and autharity ~ to ad&; - providing an eflktive date; and foi -
- (2“d
1
I
riding Chapter 2, A-tb, at SecGons 2-145,2-146, 2-147, and 2-148
order to establish a Construdron ’ Board of Adjustment and Appds (CBAA) to
the CBAA and to clarify
decisions may be taken;
roviding that each and every other Section and Subsection of Chapter 2,
Administration, shall remain &e spme as previously adopted; providing a
conflicts clause, a severabi &use, and authority to codify; providing an leffective date; and for 0th -
by repealing Section 78-56 entitled “Appeals and Reconsideration” and
readopt@ same, as revised in order to provide procedures by which appeals fiom
decisions of the Growth Management Ditector may be taken: providing that each
and every other Section and Subsection of Chapter 78 Land Development shall
remain the same as previously adopted; providing a conflicts clause, a severability
Itstaff ReDort on Page 72, Ordinance on Page -WJ ma uo 3nd - (-
reading and adoption) Florida building codes ailu unsafe building codes An
of the Cmouncil of the City of Palm Beach Gardens, Florida
Chapter 86, entitled “Buildings and Building Regulations” at Section
he City Code of Ordinances to provide local amendments to the Florida
Building Code related to Administration and to Wind Loads; krther amending
Chapter 86 by adopting new Section 86-29, entitled ‘Hurricane Shutters” and
adopting new Section 86-30, entitled ‘Maximum Occupancy”; repealin Article
UI, entitled “Storage of Building Matd and Equipment,” Article Wktitled
‘Stmctures Used As Models,” and Article V, entitled “Swimming Pools”;
e of the City Council oi
!the City of Palm Beach Gardens, Florida amending Chapter 54, Solid Waste, a1
Article I, in general, by amending Won 54-1, Dehitions, by adopting the new
definition “Post Disaster Debfis“; firrthet amending Chapter 54 at Article III.
Collectbn, by adopting an entirely new Section 54-63, entitled “Post-Disastei
Debris Collection”, in order to provide for implementation of the City’:
Comprehensive Emergency Manigemeat Plan (CEMP); further providing foi
declaration of frndings and &ent; providing that every other Section and Sub-
Section of Chapter 54, Solid Waste shall remain the same as previously adopted
providing a codicts clause, a severability cia?- ~*~hnrity +n
nrqvidino an effprt;.VP date ad fiw nth purpopz I
I
X. RESOLUTIONS:
XI ORDINANCES (For Consideration on First Reading)
XIL ITEMS FOR COUNCIL ACTIONIDISCU SSION:
a.
b. 1Page 189) Proposed Ordinance to amend the composition of the City’s Boards
and Committees.
xm.crrY A’ITORNEY REPORT
XIV. ADJOURNMENT
PLEASE TAgE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any &cision made by the City Covncil Witk respect to any matter considered at this public
hearing, such interested pasons will need a record of the procdngs and may need to ensure
that a verbatim mod is ma&, inchding tlte tes?imony and evidence upon which the appeal is
to be based
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Staattes,
persons with disabilities needing special accollutlodaao ns in order to participate in this
proceeding are entitled to the provision of certain asistame at no cost. he call the City
Clerk’s OfJice at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required For hearing impaired amistame, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
December 4,2008
7:OO P.M.
Mayor Jablin
Vice Mayor Levy
Council Member Russo
Council Member Barnett
Council Member Premuroso
I' q:rQ
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS. MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
- g-0 73 JO/M fir %-cP Lav=, a. {Pave 5) Palm Beach Gardens Historical Society.
40, rn b.
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
{Page 6) Economic Development and Transportation.
q-1 70 60 Mnch,en4> MI# Cm upm
CITY MANAGER REPORT:
COMMENTS FROM THE PUBLIC: (For Items Not on the Apenda, please submit
request form to the Citv Clerk prior to this Item)
CONSENT AGENDA:
a. page 13) Approve Minutes fiom October 2,2008 regular City Council meeting. 5-
b, /Staff Report on Page 20, Resolution on Page 22) Resolution 101, 2008 -
Village Square Plat 111. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the Village Square Plat No. 3; providing an
effective date; and for other purposes
.L , *, * c.1 I
IX. PUBLIC HEARINGS:
Part I - Quasi-iudicial
Part II - Non-Quasi-iudicial
a.
q:05
JStaff Report on Page 28, Ordinance on Pape 49) Ordinance 12, 2008 - (2“d
reading and adoption) Land Use Designation of the Loxahatchee Slough and
Sandhill Crane. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida adopting a large scale amendment to its Comprehensive
Development Plan in accordance with the mandates set forth in Chapter 163,
Florida Statutes, specifically Section 163.3 184, et seq., Florida Statutes, pursuant
to City-initiated application no. CPMA-08-04-000008, which provides for an
amendment to the City’s Future Land Use Map designating fourteen (14) parcels
of real property comprising approximately two thousand twenty-four (2,0249
acres, more or less, in size as “Cons - Conservation”; such parcels of land are
located North of Beeline Highway and PGA Boulevard, informally known as the
“Loxahatchee Slough and Sandhill Crane Natural Areas”; providing for
compliance with all requirements of Chapter 163, Florida Statutes; providing for
transmittal to the State Land Planning Agency; providing a conflicts clause, a
severability clause and authority to codify; providing an effective date; and for
other purposes.
b. {Staff Report on Pape 55, Ordinance on Pape 59) Ordinance 29, 2008 - (2nd
reading and adoption) Establishing a Construction Board of Adjustment. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending Chapter 2, Administration, at Sections 2-145, 2-146, 2-147, and 2-148
in order to establish a Construction Board of Adjustment and Appeals (CBAA) to
designate the Planning, Zoning, and Appeals Board as the CBAA and to clarify
the process by which appeals of staff level administrative decisions may be taken;
providing that each and every other Section and Sub-section of Chapter 2,
Administration, shall remain the same as previously adopted; providing a
conflicts clause, a severability clause, and authority to codify; providing an
effective date; and for other purposes.
C. JStaff Report on Page 64, Ordinance on PaPe 68) Ordinance 30, 2008 - (2nd
reading and adoption) Amending Chapter 78. An Ordinance of the City Council
of the City of Palm Beach Gardens, Florida amending Chapter 78, Land
Development at Section 78-49 entitled “Amendments to Approved Development
Orders” at Subsection (d) by repealing Subparagraph (5) and readopting same as
revised in order to provide for internal consistency; further amending Chapter 78
by repealing Section 78-56 entitled “Appeals and Reconsideration” and
readopting same, as revised in order to provide procedures by which appeals fiom
decisions of the Growth Management Director may be taken: providing that each
and every other Section and Sub-section of Chapter 78 Land Development shall
remain the same as previously adopted; providing a conflicts clause, a severability
clause, and authority to codify; providing an effective date; and for other
purposes.
d.
e.
5-o
(Staff Report on Page 72, Ordinance on Page 76) Ordinance 31, 2008 - (2nd
reading and adoption) Florida building codes and unsafe building codes. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending Chapter 86, entitled “Buildings and Building Regulations” at Section
86-26 of the City Code of Ordinances to provide local amendments to the Florida
Building Code related to Administration and to Wind Loads; Mer amending
Chapter 86 by adopting new Section 86-29, entitled “Hurricane Shutters” and
adopting new Section 86-30, entitled “Maximum Occupancy”; repealing Article
111, entitled “Storage of Building Material and Equipment,” Article IV, entitled
“Structures Used As Models,” and Article V, entitled “Swimming Pools”;
providing a conflicts clause, a severability clause, and authority to codify;
providing an effective date; and for other purposes.
{Staff Report on PaPe 170, Ordinance on Pape 174) Ordinance 32,2008 - (2nd
reading and adoption) Post Disaster Debris. An Ordinance of the City Council of
the City of Palm Beach Gardens, Florida amending Chapter 54, Solid Waste, at
Article I, in general, by amending Section 54- 1, Definitions, by adopting the new
definition “Post Disaster Debris”; Mer amending Chapter 54 at Article 111,
Collection, by adopting an entirely new Section 54-63, entitled “Post-Disaster
Debris Collection”, in order to provide for implementation of the City’s
Comprehensive Emergency Management Plan (CEMP); further providing for
declaration of findings and intent; providing that every other Section and Sub-
Section of Chapter 54, Solid Waste shall remain the same as previously adopted;
providing a conflicts clause, a severability clause, and authority to codify;
providing an effective date and for other purposes.
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
‘7;2’i a. {Pape 178) District Park.
b. (Pape 189) Proposed Ordinance to amend the composition of the City’s Boards
and Committees. qltl
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Ofice at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8 770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: - Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
Please Print _. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
Title Read:
Hmhg opened:
Petitioner presentation:
Staff Presentation:
Hearitlg closed:
Briag back for discussion:
Motioa:
Vate:
oftbe City of Palm Beach Gardens, Florida amending
Chapter 78, Land Development at Section 78-49 entitled
"Amendments to Approved Devdopment Orders'' ut
Subsection (d) by repealing Subpafagraph (5) and
readopting same as revised in &to provi& fir internal
consistency; further amending Chapter 78 by repealing
Section 78-56 entitled "Appeals and Recorwiddon" and
readoptiog same, as revised in order to provide
procedures by which appeals Grom decisions of the
Growth Management Director may be taken: providing
that each and every other Won and Subsection of
Chapter 78 Land Development shall remain the same as
previously adopted; providing a contlicts clause, a
severability clause, and authority to codifjl; providing an
..T
PUBLIC HEARINGS 12 /04/200$
P Part II - Non-Ouas i-iudieial
PetitiWwaW:
Sta€fpn#entation:
HearingCiod:
Bring back fix discussion:
Motion:
Vde:
Use Designation of the Loxakchee Slough and Sandhill
Crane. An ordimme of the Ci Council of the City of
Palm Beach Gadens, Florida adopting a large scale
amendment to its Comprehensive Development Plan in
8ccotdLIILce with the mandates set forth in Chapter 163,
specifically Section 163.31&1, et seq.,
S- pummt to City-initbd application no.
CPMA-08-, which provides for an amendment
to the City's Future Land Use Map designating fourteen
(14) psrcels of real property comprising approximately
two tbwrwawl twemty-fbur (2,0243 acres, more or less, in
si# as ''Cons - Conservation"; such parcels of land are
loated Nopth of Beeline Highway and PGA Boulevard,
saadhill Crane Natural Areas"; providing fir compliance
with all of Chapter 163, Florida Statutes;
providingfbrtraasmmal . to the State Land Planning
-, providing adicts clause, a severability clause
infbpmdly lclmvll as the "Loxahatchee Slough and
providing an effective date; and
S&OIIS 2-145, 2-146, 2-147, and 2-148 in order to
establish a cansbuctioa Board of Adjustment and
Appeals (CBAA) to designate the Planning, Zoning, and
AppabBaardasthe CBAAandtoclarifjrtheprocess by
which appeals of staf€ level administrative decisions may
be takeq providing that each and every other Section and
subaraction ofchaptef 2, Administratbq shali remain
the s~mo as phviously adopted; providing a connicts
clause, a severability clause, and authority to codifl;
pmvidiqan cdikdivedate; and for otherpuxposes.
FOR IMMEDIATE RELEASE
Date: November 24,2008
II Coetgct Name and Phone: Diane DiSaut.0, Village Clerk - 56 1-790-5 100
Trela J. White, Esq.,
2008 City Attorney of the Year Award
On November n!fo. the Florida me o f Cities held its annllnl FI on& Cities of
&ellem Awards program where it was anuounced that Trek J. White, Ew.. village Attorney for the
Viiage of Royal Palm Beach, was selected as the 2008 CiryA#oncy of the Year.
The program is designed to highhght all the wonderful and innovative services cities provide to improve
the quality of life in Florida and to honor dedicated city leaders and cities for their excellence in public
service. “It is truly an honor and a privilege to salute such an outstandmg city attorney in this celebration
of dedication, innovalion and public service”, said Camrine Priore, Florida League of Cities president and
Vice Mayor, Wellington.
c.
Okeechobee Blvd. in order to mahtain the quality of life for the Village and other western Communities.
Ms. White was also named as one of the top Municipal Lawyers in South Florida in the south Florida
Legal Guide for 2005, 2006, 2007 and 2008. “Her initiative, selfless commitment and professionalism
reflect great credit upon the Village of Royal palm Beach and the entire legal profession. I &!pow of no
Uth~person who be exem~lifies the concept of “City Attow of the Year” t,h&&la J. White,” said
David Farber, Village Manger of the Vi- Beach.
Park, Palm Beach Shores, Palm Beach Gardens (interim), South Palm Beach, and Tz a
Ms. IIaltaWx white’s law
Mangonm .
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ORDINANCE XX, 2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA. AMENDING CHAPTER 2,
ADMINISTRATION, AT ARTICLE 111, BOARDS AND COMMITTEES,
IN ORDER TO AMEND THE COMPOSITION OF THE CITY’S
BOARDS AND COMMITTEES AND TO REVISE THE ATTENDANCE
POLICY AND THE APPOINTMENT PROCEDURES FOR SAME;
SECTION OF CHAPTER 2, ADMINISTRATION SHALL REMAIN THE
SAME AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-
WHEREAS, the City Council of the City of Palm Beach Gardens has become
aware of the need to amend the composition, meeting frequency, attendance policies,
and appointment procedures for all appointed boards and committees; and
WHEREAS, the City staff has drafted certain amendments in order to improve
the efficiency with which the boards and committees conduct City business; and
WHEREAS, the City staff believes that such amendments improve the function of
the boards and committees, save valuable time, and reduce the costs associated with
the business conducted by the various boards and committees; and
WHEREAS, Staff recommends that Chapter 2, Administration be amended to
accomplish this purpose; and
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. Chapter 2, Administration, Code of Ordinances of the City of Palm
Beach Gardens, Florida is hereby amended at Article Ill, entitled “Boards and
Committees” by repealing and adopting Section 2-85, entitled “Announcement of
vacancies”, as revised, providing that this section shall hereafter read as follows:
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Sec. 2-85. Announcement of vacancies.
All vacancies in the membership of any appointive city board or committee shall be
announced by posting a notice of #bmne such vacancies at a public place in city hall,
by publishing a copy thereof in a newspaper of general circulation in the city, by posting
an announcement on the city website, or by such other method deemed appropriate by
the city, no later than March 1 5Ih for
the ADril amointment hearina and no later than SeDtember 15Ih for the October
appointment hearina,
These appointment hearinas shall normallv be conducted twice Der vear. once in April
and once in October: however. the citv council mav Conduct additional amointment
hearinas if thev determine that additional hearings are necessary and prudent. The city
clerk shall also furnish to any member, whose term is expiring, a notice of such
expiration and advise if the member is eligible for reappointment.
SECTION 2. Chapter 2, Administration, Code of Ordinances of the City of Palm
Beach Gardens, Florida is hereby amended at Article Ill, entitled “Boards and
Committees” by repealing and adopting Section 2-86, entitled “Procedure for
appointment and filling vacancies; qualifications for membership of boards and
committees”, as revised, providing that this section shall hereafter read as follows:
Sec. 2-86. Procedure for appointment and filling vacancies; qualifications for
membership of boards and committees.
Except as otherwise provided in this Code, appointments 8t? & boards and committees
shall be made at a regular city council meeting in accordance with the following
procedures:
Vacancies in the board or committee membership shall be automaticallv filled
by an alternate member ’I of that board or
committee for the unexpired term of the member affected or until the semi-
annual amointments are made! wh ichever comes first. If two vacancies
occur at the same time, the second vacant seat shall be filled by the second
alternate for the unexDired term of the member affected or until the semi-
annual amointments are made. whichever comes first. The citv clerk shall
notifv the altemate(s1 member(s1 of hidher chanae in status to a reaular
member in such cases.
The city clerk shall place on the council agenda the list of volunteers, including
current members who seek reappointment, with their attendance and voting
records.
(3) The city council may interview board and committee members who desire
reappointment and volunteers from the city clerk’s list.
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(4) The city council shall, in public session, select the person needed to fill such
vacancy.
SECTION 3. Chapter 2, Administration, Code of Ordinances of the City of Palm
Beach Gardens, Florida is hereby amended at Article 111, entitled “Boards and
Committees” by repealing and adopting Section 2-91 , entitled “Alternates”, as revised,
providing that this section shall hereafter read as follows:
Sec. 2-91. Alternates.
(a) The city council shall designate a first alternate and a second alternate for each
board or committee.
.. (b) Alternates may
fffeekFt4 pot be seated at the dais or staff table. Darticbate in the discussion as if a
sittina member of the board or committee. or vote. unless such alternate member is
seated in the place of a reaular member who is absent. Nothina contained in this
section shall preclude a non-seated alternate member from particbatha in a Dublic
hearina as a member of the public.
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(c) At all meetings, the chairperson of the board shall note for the record any member
who is absent.
(d) In the absence of a regular member, the first alternate shall sit in the absent
member’s place. In the absence of a second regular member, the second alternate
shall sit in that absent member‘s place. Alternate members are encouraaed to attend all
meetinas of their respective board or committee so that thev miaht become more
familiar with its functions and Drocedures,
SECTION 4. Chapter 2, Administration, Code of Ordinances of the City of Palm
Beach Gardens, Florida is hereby amended at Article Ill, entitled “Boards and
Committees” by repealing and adopting Section 2-92, entitled “Officers”, as revised,
providing that this section shall hereafter read as follows:
Sec. 2-92. Officers.
(a) All boards and committees shall, at a meeting during the first auarter of the fiscal pgg weftfh+-, elect a chairperson and a vice-chairperson, and any other
officers as the board deems necessary. The chairperson shall preside at board
meetings and shall be the official spokesperson for the board.
(b) The vice-chairperson shall assume the duties of the chairperson in the absence of
the chairperson. At any meeting where the chairperson and the vice-chairperson are
absent, the board or committee shall appoint a chairperson pro tempore to assume the
duties of the chairperson.
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SECTION 5. Chapter 2, Administration, Code of Ordinances of the City of Palm
Beach Gardens, Florida is hereby amended at Article Ill, entitled “Boards and
Committees” by repealing and adopting Section 2-95, entitled “Quorum and required
vote”, as revised, providing that this section shall hereafter read as follows:
Sec. 2-95.
S A quorum for the transaction of business shall
consist of three members for boards and committees with five members. A quorum for
the transaction of business shall consist of two members for boards and committees
with three members.
Quorum and required vote.
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(b) The affirmative vote of a majority of those present shall be necessary to take
official action. If any motion fails to achieve the affirmative vote of a majority of those
present, then such p&ttien-e+f !x &emckhed motion shall fail;
except for a tie vote, in which case no action is taken.
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SECTION 6. Chapter 2, Administration, Code of Ordinances of the City of Palm
Beach Gardens, Florida is hereby amended at Article 111, entitled “Boards and
Committees” by repealing and adopting Section 2-96, entitled “Removal of members”,
as revised, providing that this section shall hereafter read as follows:
Sec. 2-96. Removal of members and attendance policy.
(a) Except as otherwise provided by ordinance, any member who no longer resides
within the city during hidher term shall automatically cease to be a member of the board
and shall inform the city clerk’s office.
(b) Any member of the planning, zoning, and appeals board who is absent from four
consecutive regularlv scheduled meetings or cumulativelv more than 25 percent of
regularlv scheduled meetings Uin am 12-month period shall be automatically
removed as a member of the board. Any member of any other board or committee who
is absent from three consecutive regularlv scheduled meetings or more than 25 percent
of regularlv scheduled meetings within am 12-month period shall be automatically
removed as a member of the respective board or committee. Automatic removal of a
member shall cause a vacancy to exist in the membership of the particular board or
committee. The city clerk shall send written notice of such automatic removal to the
affected member.
reasons shall be considered excused and shall not be counted against the board or
committee member: complving with a subpoena in anv court;. documented
hosPitalization of one’s self! wouse. child! siblina. or Parent: and iurv dutv.
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(d) All board and committee members shall serve at the Dleasure of the citv council
and m av be removed without cause at anv time bv a maioritv vote of the citv council,
unless otherwise Drovided bv the Charter or Florida Statutes.
SECTION 7. Chapter 2, Administration, Code of Ordinances of the City of Palm
Beach Gardens, Florida is hereby amended at Article Ill, entitled “Boards and
Committees”, Division 2, Art in Public Places Advisory Board by repealing and adopting
Section 2-1 08, entitled “Membership”, as revised, providing that this section shall
hereafter read as follows:
Sec. 2-108. Membership.
(a) The boards shall consist of fe~~e~ &g regular members and two alternates. Initial
appointment ofmembers e# to the board shall be for the following respective terms:
Few three regular membersand one alternate for two years; Thrcln two regular
members and one alternate for one year; thereafter, all appointments shall befor a term
of two years.
(b) Appointments shall be made by the city council based on experience and interest
in arts and cultural issues in the city and shall, whenever possible, include persons who
have professional expertise or substantial volunteer involvement in:
(1) Visual, performing, or literary arts.
(2) Architecture, design, or urban planning.
(3) Arts and cultural institution management.
(4) Education.
SECTION 8. Chapter 2, Administration, Code of Ordinances of the City of Palm
Beach Gardens, Florida is hereby amended at Article Ill, entitled “Boards and
Committees”, Division 2, Art in Public Places Advisory Board by repealing and adopting
Section 2-1 09, entitled “Meetings”, as revised, providing that this section shall hereafter
read as follows:
Sec. 2-1 09. Meetings.
(+Meetings shall be at the call of the chairperson, provided the board shall convene
no less often than once 7 per auartec.
SECTION 9. Chapter 2, Administration, Code of Ordinances of the City of Palm
Beach Gardens, Florida is hereby amended at Article Ill, entitled “Boards and
Committees”, Division 3, Community Aesthetics Board by repealing and adopting
Section 2-1 18, entitled “Membership”, as revised, providing that this section shall
hereafter read as follows:
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Sec. 2-1 18. Membership.
(a) The board shall consist of tseveft f& regular members and two alternates. Initial
appointment of members of the board shall be for the following respective terms: FWF
three - regular members and one alternate for two years; #fee &g regular members and
one alternate for one year; thereafter, all appointments shall be for a term of two years.
(b) Appointments shall be made by the city council based on experience and interest
in improving community and neighborhood aesthetics and shall, whenever possible,
include members with a background in building construction, architecture, urban design,
horticulture, landscaping, and related fields.
SECTION IO. Chapter 2, Administration, Code of Ordinances of the City of Palm
Beach Gardens, Florida is hereby amended at Article 111, entitled “Boards and
Committees”, Division 3, Community Aesthetics Board by repealing and adopting
Section 2-1 19, entitled “Meetings”, as revised, providing that this section shall hereafter
read as follows:
Sec. 2-1 19. Meetings.
Meetings shall be at the cqll of the chairperson, provided the board shall convene no
less often than once per auarter.
SECTION 11. Chapter 2, Administration, Code of Ordinances of the City of Palm
Beach Gardens, Florida is hereby amended at Article 111, entitled “Boards and
Committees”, Division 4, Economic Development Advisory Board by repealing and
adopting Section 2-1 28, entitled “Membership”, as revised, providing that this section
shall hereafter read as follows:
Sec. 2-128. Membership.
(a) The board shall consist of seve~ five regular members and two alternates. Initial
appointment of members of the board shall be for the following respective terms: Few
three regular members and one alternate for two years; #fee regular members and
one alternate for one year; thereafter, all appointments shall be for a term of two years.
(b) nanrl but shall not be reauired to be a resident of the city.
Members of the board shall own and/or operate a business within the city-
(c) Appointments shall be made by the city council based on experience and interest
and shall, whenever possible,
(1 ) A representative
County, Inc.
I include:
of the Business Development Board of Palm Beach
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(2) A representative of the North Palm Beach County Chamber of Commerce,
Inc.
(3) A representative of the PGA Corridor Association, Inc.
(4) Representatives of private-sector value added businesses.
SECTION 12. Chapter 2, Administration of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Article Ill, entitled “Boards and
Committees”, Division 5, Parks and Recreation Advisory Board by repealing and
adopting Section 2-1 38, entitled “Membership”, as revised, providing that this section
shall hereafter read as follows:
Sec. 2-138. Membership.
(a) The board shall consist of seve~ five regular members and two alternates. Initial
appointment of members of the board shall be for the following respective terms: Few
three regular members and one alternate for two years; )hmn Qgg regular members and
one alternate for one year; thereafter, all appointments shall be for a term of two years.
(b) Appointments shall be made by the city council based on experience and interest
and shall, whenever possible, include:
(1) A participant in senior targeted activities.
(2) A tennis center participant.
(3) A golf course participant.
(4) A recreational programming participant.
(5) An aquatics programming participant.
(6) An adult sports programming participant.
(7) An arts and cultural advocate.
(8) A special population advocate.
(9) A volunteer from the PBG Youth Athletic Association.
SECTION 13. Chapter 2, Administration, Code of Ordinances of the City of Palm
Beach Gardens, Florida is hereby amended at Article 111, entitled “Boards and
Committees”, Division 5, Parks and Recreation Advisory Board by repealing and
adopting Section 2-1 39, entitled “Meetings”, as revised, providing that this section shall
hereafter read as follows:
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Sec. 2-139. Meetings.
(a) Meetings shall be at the call of the chair, provided the board shall convene no less
often than once per quarter.
SECTION 14. Chapter 2, Administration, Code of Ordinances of the City of Palm
Beach Gardens, Florida is hereby amended at Article 111, entitled “Boards and
Committees”, Division 6, Planning, Zoning, and Appeals Board by repealing and
adopting Section 2-1 48, entitled “Membership”, as revised, providing that this section
shall hereafter read as follows:
Sec. 2-148. Membership.
(a) The board shall consist of sewm five regular members and two alternates.
Additionally, there shall be a representative of the school district appointed by the
school board as a nonvoting member. Initial appointment of members of the board shall
be for the following respective terms: Few three regular members and one alternate for
two years; CkFee regular members and one alternate for one year; thereafter, all
appointments shall be for a term of two years.
(b) Members of the board shall be residents of the City of Palm Beach Gardens and
shall be chosen from the following professions as outlined below:
(3)
At least one of each of the following disciplines:
Architects;
Engineers;
Division 1 (aeneral. building. or residential) contractors.
At least one of the following disciplines:
Attorneys;
=e professionals;
Environmental professionals;
Landscape architects;
Planners;
Division 2 (MEP) contractors;
Land surveyors.
At least one of the following:
One resident at large.
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14) When necessary! alternate members should be seated to the areatest
extent possible! based on the need for anv particular discipline.
SECTION 15. All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
SECTION 16. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
SECTION 17. Specific authority is hereby given to codify this Ordinance.
SECTION 18. This Ordinance shall become effective immediately upon
adoption.
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1 PASS ED this day of , 2008, upon first reading.
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3 PASSED AND ADOPTED this day of ,2008, upon second
4 and final reading.
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CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
9 BY:
10 Eric Jablin, Mayor
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David Levy, Vice Mayor
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16 Joseph R. Russo, Councilmember
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19 Jody Barnett, Councilmember
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22 Robert G. Premuroso, Councilmember
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24 ATTEST:
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32 LEGAL SUFFICIENCY
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Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
R. Max Lohman, Interim City Attorney
47 \\pbgvfile\Attorney\attorney_share\ORDINANCES\2008\0rdinance XX 2008-Amending Boards & Cornrnissions.doc
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Comprehensive Plan Citizen Courtesy Information List
Local Government: City of Palm Beach Gardens
Hearing Date: December 4,2008
Type Hearing: City Council Public Hearing, Ordinance 12,2008
DCA Amendment Number: (DCA Official Use)
Please Print Clearly
By providing your name and address you will receive information concerning the date of
publication of the Notice of Intent by the Department of Community Affairs.
Citizen Address, City, Appropriate
Name State, Zip Code Response(s)
^" r- " _I "
Identify Amendment
which is of Interest
....... ... " .......... .. - l.".._l"l"l_"^ ". ." "_ " - ..