Ord. 14-04 – Approved

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[ Code of Ordinances ]
Ord. 14-04 – Approved

ORDINANCE NO. 14-04

AN ORDINANCE OF THE TOWN OF INDIALANTIC ADOPTING LOCAL ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY; SEVERABILITY; AND AN EFFECTIVE DATE

WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and

WHEREAS, the Town of Indialantic participates in the National Flood Insurance Program, adopted floodplain management regulations on May 21, 2013 and has been advised by the Florida Division of Emergency Management that local administrative code amendments of the Florida Building Code are necessary to coordinate the floodplain management regulations with the Florida Building Code; and

WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative amendments to the Florida Building Code to implement the National Flood Insurance Program; and

WHEREAS, the Zoning and Planning Board, sitting as both the Zoning and Planning Board and the Local Planning Agency (LPA), has found this Ordinance to be consistent with the Town’s adopted Comprehensive Plan, and in particular, Policy 1.1, Objective 1, Future Land Use Element of the Plan; and

WHEREAS, the Town Council adopts the LPA’s findings as its own.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Indialantic, Brevard County, Florida that the following local administrative amendments to the 2010 Florida Building Code, are hereby adopted.

SECTION 1. That Sec. 6-28 is hereby amended to add local administrative amendments to the Florida Building Code, Building as follows:

Sec. 6-28. Amendments to the Florida Building Code.

104.10.1 Modifications of the strict application of the requirements of the Florida Building Code. The Building Official shall coordinate with the Floodplain Administrator to review requests submitted to the Building Official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 117 of the Florida Building Code.

107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Section 105.14 and Section 107.6 of the Florida Building Code, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code.

117 VARIANCES IN FLOOD HAZARD AREAS
117.1 Flood hazard areas. Pursuant to section 553.73(5), F.S., the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building.

SECTION 2. APPLICABILITY.
For the purposes of jurisdictional applicability, this ordinance shall apply to all applications for building permits in flood hazard areas submitted on or after the effective date.

SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared.

SECTION 4. EFFECTIVE DATE.
This ordinance shall take effect immediately upon adoption.

PASSED by the Town Council of the Town of Indialantic on first reading on the ____ day of _____________, 2014, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ____ day of __________, 2014.
TOWN OF INDIALANTIC

David Berkman
Mayor

ATTEST:
Laura Eaton, CMC
Town Clerk