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HomeMy WebLinkAboutO-12155J-01-497 11/7/01 12155 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/IN GENERAL", TO REPEAL AND REPLACE THE "SOUTH FLORIDA BUILDING CODE" AND THE "SOUTH FLORIDA BUILDING CODE, DADE COUNTY EDITION" ("S.F.B.C."), WITH THE "FLORIDA BUILDING CODE" AND CHAPTER 8 OF THE CODE OF ORDINANCES OF MIAMI-DADE COUNTY, FLORIDA ("CHAPTER 8 OF THE COUNTY CODE"); HAVING ALL REFERENCES TO THE S.F.B.C. REFERRED TO AS THE `FLORIDA BUILDING CODE" AND "CHAPTER 8 OF THE COUNTY CODE"; MORE PARTICULARLY BY AMENDING SECTIONS 10-3 AND 10-4 OF THE CITY CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 10, Article I, Sections 10-3 and 10-4, of the Code of the City of Miami, Florida, as amended, are amended in the following particulars:!' ii Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 12155 "Chapter 10 BUILDINGS ARTICLE I. IN GENERAL Sec. 10-3. Building code. The "South Florida Building Code" and the "South Florida Building Code, Dade County edition", will remain in effect, and enforced in the city, for all plans submitted and pending prior to the date the Florida Building Code is implemented. Provided, further, all plans submitted after the Florida Building Code is implemented shall be governed by the "Florida Building Code, as amended" and Chapter 8 of the Code of Ordinances of Miami -Dade County, Florida, as amended (hereinafter referred to as "Chapter 8 of the County Code"). Following implementation of the "Florida Building Code," the "Florida Building Code, as amended" and "Chapter 8 of the County Code" shall be enforced in the city. A copy of this building code is on file in the city clerk's office. Section 10-4. Building permit fee schedule (b) General fees. (1) Solid waste surcharge. (18) A permit by affidavit with a fee equal to 2/3rds of the fees described in section 10-4 (d),(f),( ) and (h), as applicable, may be established and charged by the city in lieu of the fees set forth in the above-mentioned sections. Page 2 of 4 � � � a o Section 2. Except as specifically set forth in Section 1 of this Ordinance, amending Section 10-3 of the Code of Ordinances of the City of Miami, Florida, all references to the "South Florida Building Code" and the "South Florida Building Code, Dade County edition," shall be deemed to refer to the "Florida Building Code, as amended" and "Chapter 8 of the Code of Ordinances of Miami -Dade County, Florida" upon implementation of the "Florida Building Code." Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.' PASSED ON FIRST READING BY TITLE ONLY this 25th day of October , 2001. zi This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 3 of 3 12155 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 15th day of -November 2001. JOE CAROLLO, MAYOR of !,,n 6ef rot in acccrdance v,, this b"i bc.comc� of wiv,- eto without the Mayc ji'�nl a regarding same, frAe I A, ATTEST: WALTER J. FOEMAN CITY CLERK APPRQ,ArD A////O FORVAND CORRECTNESS :t/ .......... 4DRO VILARELLO ATTORNEY W1080:YMT:smg:LB Page 4 of 4 - City Clerk 12155 SECOND READING ORDINANCE TO The Honorable Mayor and Members of the City Commission FROM enez City Manager 17 DATE : OCT 3 1 2001 FILE : SUBJECT Proposed Ordinance Amending Chapter 10 of REFERENCES : the Code of the City of Miami Replacing the South ENCLOSURES: Building Code RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Ordinance amending Chapter 10, Article I, of the Code of the City of Miami, as amended, to repeal and replace the South Florida Building Code and Conforming Building Code Administration and Enforcement Provisions, Dade County Edition, with the Florida Building Code and the restatement of Chapter 8 of the Code of Miami -Dade County for all plans submitted on or after 1/ 1/02, or until implementation by the State of Florida, whichever is later. All submittals occurring before 1/ 1/02, or until implementation, will continue to be governed by the South Florida Building Code. BACKGROUND The 2000 Florida Legislature adopted the Florida Building Code, Section 553.73, Florida Statutes, as the uniform building code for the State of Florida. On or after the effective date of implementation of the Florida Building Code, the South Florida Building Code shall cease to exist as the governing code for the City of Miami for all new plans submitted. On July 10, 2001, the Miami -Dade County Commission adopted Ordinance No. 01-112 of the Code of Miami -Dade County adopting the new Florida Building Code. Any existing pending building permit application, in compliance with the code in effect, shall be permitted to continue in its approved occupancy group. Please find below a summary of the significant changes included in the new Florida Building Code and the amended and the restated Chapter 8 of the Code of Miami -Dade County: Expands the functions of the Board of Rules and Appeals. Revises the duties of the Building Code Compliance Office, such as ticketing license holders such as contractors, architects, engineers and building officials committing material violations against the Florida Building Code. 12155 1 Page 2 • Contractors for one and two-family dwellings will be allowed to certify compliance of wind resistance requirements. • Allows for permits to be issued to an Architect or Engineer by way of a permit affidavit process. • Delegates review of coastal construction to the local municipality in accordance with the new Sate Law. • Deletes postcard permits. • Eliminates the Amnesty Ordinance - All existing buildings with no permits when renewed must comply with the Florida Building Code. • New fees will be required in order to implement new changes allowed in the building new code. o1 CAG/DB L/RB MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI PROPOSED ORDINANCES 11/15/01 ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 in the............XXXXX...................... Court, was published in said newspaper in the issues of Nov 5, 2001 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade me year next preceding the copy of advertisement; and neither paid nor promised any discount, rebate, com- es of securil this advertise- ewspaper. to and su pjafdre me this 2001 A.D. _ .. �. JANETT LLERENA P "JMC STATE OF FLORIDA �.,MMISSIUN NO. CC 912958 CITY OF MIAMI, FLORIDA NOTICE OF PROPOSED ORDINANCES Notice is hereby given that the City Commission of the City of Miami, Florida, will consider the following ordinances on second and final reading on November 15, 2001 commencing at 9:00 a. m., in the City Commission Chambers, 3500 Pan American Drive, Miami, Florida: ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 2, ARTICLE III, DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, OFFICERS, CITY CLERK," TO DEFINE AND ESTABLISH AN "EXTENSIVE RESEARCH FEE" TO BE CHARGED IN CONNECTION WITH EXTENSIVE/ VOLUMINOUS PUBLIC RECORDS REQUESTS IN ACCOR- DANCE WITH 119.07 FLORIDA STATUTE; MORE PARTICU- LARLY BY AMENDING SECTION 2-142(e) OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING A NEW SPECIAL REVENUE FUND ENTITLED: "HISTORIC PRESERVATION" AND APPROPRIATING FUNDS IN THE AMOUNT OF $250,000, CONSISTING OF A GRANT FROM THE FLORIDA DIVISION OF HISTORICAL RESOURC- ES IN THE AMOUNT OF $25,000 AND FUNDS IN THE AMOUNT OF $225,000 FROM THE BUDGET OF THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT; AU- THORIZING THE CITY MANAGER TO ACCEPT THE GRANT FROM THE FLORIDA DIVISION OF HISTORICAL RESOURC- ES AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AND AU- THORIZING THE EXPENDITURES OF SAID FUNDS FOR THE DEVELOPMENT OF AN HISTORIC RESOURCES SURVEY OF PORTIONS OF LITTLE HAITI AND MODEL CITY; CON- TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE OF T7E MIAMI CITY COMMISSION AMEND- ING CHAPTER 10, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/ IN GENERAL", TO REPEAL AND REPLACE THE "SOUTH FLORIDA BUILDING CODE" AND THE "SOUTH FLORIDA BUILDING CODE, DADE COUNTY EDITION" ("S.F.B.C."), WITH THE "FLORIDA BUILDING CODE" AND CHAPTER 8 OF THE CODE OF ORDINANCES OF MIAMI-DADE COUNTY, FLORIDA ("CHAPTER 8 OF THE COUNTY CODE"); HAVING ALL REFERENCES TO THE S.F.B.C. REFERRED TO AS THE "FLORIDA BUILDING CODE" AND "CHAPTER 8 OF THE COUNTY CODE"; MORE PARTICULARLY BY AMENDING SECTIONS 10-3 AND 10-4 OF THE CITY CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Saia proposed ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Flori- da, Monday through Friday, excluding holidays, between the hours of 8 a.m. and 5 p.m. All interested persons may appear at the meeting and may be heara with respect to the proposed ordinances. Should any person desire to api peal any decision of the City Commission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatir record of the proceedings is made including all testimony and evidence upon which any appeal may be based. L�t`i OF t�W 93 WALTER J. FOEMAN CITY CLERK GqO f�Q.flOa``07 ( x:10403 ) 1 i /5 01-4-24/210866M