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Ordinance
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3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00072
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
29/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/BULKHEADS,
SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND OTHER
SIMILAR STRUCTURES," BY ASSIGNING ADMINISTRATIVE RESPONSIBILITIES
FOR SAID ARTICLE TO THE CITY OF MIAMI BUILDING DEPARTMENT;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and
in the best interest of the general welfare of the City of Miami and its citizens to amend the Code of the
City of Miami, Florida, as amended ("City Code"), to assign administrative responsibility for bulkheads,
seawalls, piers, docks, groins, marine railways and other similar private structures, including the
issuance and regulation of building permits to the City of Miami Building Department;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as fully set forth in this Section.
Section 2. Chapter 29/Article III of the City Code entitled "Landfills and Waterfront
Improvements/Bulkheads, Seawalls, Piers, Docks, Groins, Marine Railways and other similar
structures" is amended in the following particulars: {1}
"CHAPTER 29
LANDFILLS AND WATERFRONT IMPROVEMENTS
ARTICLE III. BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND
OTHER SIMILAR STRUCTURES.
Sec. 29-81. Definitions.
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Building Code: The South Florida Building Code.
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Department: The pub -Re -works building department of the city, or the director of such department,
used interchangeably.
Engineer: A professional engineer certified competent and registered licensed by the state.
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Sec. 29-82. Purpose of article.
The purpose of this article is to protect the public's health, welfare and safety by setting minimum
standards to be used in the design, construction and maintenance of waterfront structures; further to
accomplish this purpose by requiring such design, construction and maintenance to be accomplished
in all respects and particulars to the lic-words building department; and lastly, to ascertain that all
physical improvements included herein are subject to and admit of rational analysis in accordance with
established principles of mechanics and accepted engineering practices. This article shall be deemed
to supplement the provisions of the South Florida Building Code.
Sec. 29-83. Permits for waterfront improvements - Required.
No waterfront improvement shall be constructed, reconstructed or repaired until a permit
authorizing such construction, reconstruction or repair has been obtained from the works
building department. No such permit shall be issued for any improvement or repair to an existing
improvement which is deemed substandard by the director of the building department.
Sec. 29-84. Same -Application.
(a) Generally. Permits required by this article shall be applied for either by the owner -builder or by a
licensed contractor certified in a proper category and having a bona fide contract with the owner to
perform such work. Application shall be made upon a suitable form provided by the pub4s-W.GFiCS
building department.
(b) For improvements of $5, 000.00 or more. For new construction or repairs amounting to $5000.00
or more in value, three copies of the plans shall be submitted with the application, which plans shall
include the following information, except as to any item which may be waived in writing by the
department:
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(4) The type and character of the soil substrata which will bear the improvement or structure.
When required by the public works building department, core borings shall be taken to a depth ten feet
deeper than the proposed base of construction or to a depth below the deepest. piling, and the findings
of the same shall be made a part of the permit application.
(5) Soundings and pertinent elevations of the proposed structures shall be shown referred to mean
low water, City of Miami datum National Geodetic Vertical Datum, as defined in Section 20-1 of the
City Code ("NGVD").
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(9) The engineer's design computations, when required by the public works building department.
(c) For improvements less than $5,000.00. For construction or repairs less than $5,000.00 in value,
three copies of the plans shall be submitted with the application, which plans shall include the following
information, except as to any item which may be waived in writing by the department
(5) The signature and seal of the engineer designing the improvement, where required by the
public -works building department.
(6) The engineer's design computations, when required by the building
department.
Sec. 29-85. Same -Certain title and permits to accompany application.
As part of a request for a permit under this article, the applicant shall obtain and present the following
title and permits, except for any such title proved not to be required:
(1) The title to bay -bottom lands from the internal improvement fund.
(2) Preliminary approval from
Miami -Dade County Department of Environmental Resources Management (DERM).
{3) A permit from Dade County.
Sec. 29-86. Same -Fees.
(c) The expense of any inspection by the publics building department will be included in the cost
of --the permit fee shall be in accordance with Chapter 10 of the City Code.
(d) The fee required under this section may be waived by the director of building for
governmental entities and agencies.
Sec. 29-87. Same -Refund of fees; time limitations.
The public works building department shall be governed, in the matters of permit fee refunds and time
limitations of -permits, by section 303.5 Chapter 10 of the City Code and section 301.3, respectively, of
the South Florida Building Code.
Sec. 29-88. Same -Revocation.
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Any permit issued under this article shall be revocable for good cause, which cause may include, but is
not limited to, failure, refusal or neglect by the owner, contractor or engineer to fulfill any of the
provisions of this article or the South Florida Building Code.
Sec. 29-89. Design.
(a) Design analysis. Responsibility for proper design rests with the engineer who prepares the plans.
Each improvement shall be designed to support all bads that may come upon it, to withstand the
forces of water, wind and usage; and to meet the specific requirements of the building
department for location, elevation, and construction.
(1) General. Any improvement, bulkhead, seawall, pier, wharf, dock, groin, cut, marine, railway
or other related structure included in this article shall admit of rational analysis in accordance
with well -established principles of mechanics and sound engineering practices, and without
exceeding the allowed stresses for the various materials as specified in the state Florida la
Building Code.
(4) Waterfront properties. For all waterfront properties east of USL1, except those fronting the
Miami River, the top elevation of new seawalls shall be set at +5.00 NGVD, if located north of
the Rickenbacker Causeway, and set at +6.00 NGVD if located south of the Rickenbacker
Causeway. The top elevation of new seawalls for those waterfront properties fronting the Miami
River shall be set in accordance with Section 54-46 of the City Code. This criteria applies for
new construction or when substantial improvements to a property are performed. This
subsection is not to be interpreted to impair the obligation of contracts, including without
limitation, restrictive covenants or deed restrictions, under the Constitution of the state.
(b) Lateral support from fills. No fill deposited as a berm on the water side of the bulkhead shall be
considered as offering any lateral support to the. bulkhead, without approval by the publ-i-c-works
building department.
Sec. 29-90. Loads.
All improvements shall be proportioned for the following loads and forces:
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(2) Live load or surcharge including ordinary impact, except where loading involves unusual impact
requiring increased assumed Toads. Live loads may consist of material, goods or equipment stored or
operated alongside the bulkhead, or any structure adjoining the same, the foundations of which may
exert pressure on the bulkhead, or sidewalks, highway or street traffic loads. A sidewalk live load shall
be taken as 100 pounds per square foot of sidewalk area, and the highway or street traffic loads shall
be in accordance with the Standard Specifications for Highway Bridges adopted by the American
Association of State Highway and Transportation Officials. Unless otherwise indicated by field
conditions, the minimum highway or street traffic load shall consist of a two -axle truck of gross weight
20 tons, designated as class H-20 loading in such standard `specifications =
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Sec. 29-91. Construction.
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(b) Alignment. The alignment of bulkhead shall be closely controlled. The bulkhead shall be
constructed entirely on privately owned property unless otherwise approved by the
department entity or agency controlling the property upon which the bulkhead is to be constructed, and
the alignment shall not deviate more than two inches from the designated alignment. The face of the
bulkhead shall not in any case protrude beyond the established bulkhead line or the line shown on the
plan approved by the building department.
(c) Supporting piling. Supporting piles on any improvement constructed shall be driven to a bearing
capacity as shown on the plans. These bearing capacities shall be computed in accordance with the
driving load formula given in the South Florida Building Code.
(d) Concrete deadmen. Concrete deadmen shall be used only where approved by the
building department.
(e) Precast concrete piles. Precast concrete piles shall conform to the requirements of the South
Florida Building Code.
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(g) Wood piles. Wood piles shall conform to the requirement of the South Florida Building Code.
(h) Caps. Where required by the public works department, b Bulkheads shall be capped. The cap may
shall be a rolled steel section or reinforced concrete. The use of the cap as a street curb shall be
avoided, but if such function is permitted by the department, the cap shall be designed for a live load
of 500 pounds per lineal foot of cap, applied laterally, in addition to any other loads, dead or live, that
may come upon it, and shall have a guardrail where required by the department.
(i) Special piles or special conditions. The use of types of piles or conditions not specifically covered
herein may be permitted, subject to the approval of the public -woes building department, upon the
submission by the engineer of acceptable test data, calculations or other information relating to the
properties and load -carrying capacity of such piles.
Sec. 29-92. Materials.
Permanent materials shall include concrete, steel, stone masonry construction, or any combination of
the same. Other materials not specifically covered herein may be permitted, subject to the approval of
the public works building department. Reinforced concrete shall be of the materials, proportions,
strength and consistency set forth in the South Florida Building Code, as also shall the materials,
design and fabrication in the erection of steel.
Sec. 29-93. Review of plans; duty to inspect.
`"The pub -No -works building department shall review all plans and inspect ail construction to insure that
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File Number: 12-00072
minimum standards set forth in this article are met, and shall require corrections in plans or
construction when indicated.
Sec. 29-94. Procedure for inspections.
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(b) In the event the waterfront improvement includes any electrical, mechanical and plumbing work, a
permit for such work shall be required in addition to the permit covered by this article, and the permit
fee for such electrical, mechanical and plumbing work shall be as set forth in the South Florida
Building Code Chapter 10 of the City Code.
Sec. 29-95. Maintenance.
Privately owned waterfront improvements shall be privately maintained, even though a portion of the
improvement may extend into publicly owned land. p his improvement in a
state of repair acceptable to the public works department, .the city may maintain the improvement and
shaII ec the nn t of i ohm intenanGe to the propert„ owner. Failure by the owner to keep
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improvements in a state of repair acceptable to the building department shall be subject to
enforcement as set forth in Chapter 2, Article X of the City Code, entitled "Code Enforcement," and
may be brought for further proceedings before the Code Enforcement Board.
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Section 3. 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 4. This Ordinance shall become effective immediately after. final reading and adoption
thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JU_MfiLl
O.B U
CITY ATTORNEY
Footnotes:
{1} 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.
°`{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten days from the date:it.was-passed. and adopted. Itthe Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission.
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