§ 5-60. Specific amendments.

(a)

Standard Building Code. The building code adopted in section 5-56 is amended as follows:

(1)

Section 411.2 is added and shall read as follows:

"411.2. CERTIFICATION OF FINISHED GROUND FLOOR ELEVATIONS AND BUILDING LOCATION SURVEY FOR RESIDENTIAL OCCUPANCY STRUCTURES.

A boundary survey along with the top elevation of the building's form boards and/or stemwall for all group R-3 buildings within the urban service area as established by the county comprehensive plan shall be certified by a State of Florida Registered Land Surveyor. The lowest elevation of the form boards and/or stemwall shall not be less than twenty-four (24) inches above the centerline grade of the street at the front of the lot. The lowest elevation of the form boards and/or stemwall shall not be less than eighteen (18) inches above the centerline grade of the street at the front of any lot which had received final construction plan approval prior to August 7, 1995. No inspections or approvals beyond the slab inspection will be granted until the survey has been accepted and confirmed by the county engineer.

Exception: Where topographical conditions are such that, in the opinion [of] the county engineer, compliance would be impractical or would cause grade level conditions detrimental to adjacent or nearby property, the county engineer may modify the application of this requirement upon the submittal of a lot grading plan which shows the proposed modifications to the drainage plan.

With regard to structures and buildings accessory to the primary group R-3 residential occupancy building (decks, sheds, swimming pools/enclosures, etc.), the building permit applicant shall submit, at the applicant's option, either a locational survey indicating no encroachment across property line(s), into set-back areas or easements, or an affidavit/notice acknowledged by all record owners of the property indicating that the owner(s) understand that no survey has been submitted, that it is their responsibility (and/or their contractor's or other agent's) to ensure that no encroachment occurs, that construction of an accessory structure under permit issued by the county does not operate as a waiver or variance, and that if an encroachment does occur, the property owner(s) for themselves and their successors and assign, will indemnify and hold harmless the county, its agents, employees, and officers from any and all claims and liabilities resulting from the encroachment. The affidavit/notice may be recorded in the Official Records of Osceola County.

(2)

Section 104.10.1 of the Florida Building Code, Building, shall read as follows:

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.

(3)

Section 107.6.1 of the Florida Building Code, Building, shall read as follows:

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, shall not extend to the flood load and flood resistant construction requirements of the Florida Building Code.

(4)

Section 117 of the Florida Building Code, Building, shall read as follows:

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 Board of Adjustment 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.

(5)

Section R322.2.1 of the Florida Building Code, Residential, shall read as follows:

R322.2.1 Elevation requirements.

1.

Buildings and structures in flood hazard areas designated as Zone A (including AE Zones and unnumbered A Zones) shall have the lowest floors elevated to or above the base flood elevation plus 1 foot or the design flood elevation, whichever is higher.

2.

Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 1 foot (305 mm), or to the design flood elevation, whichever is higher.

3.

In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM, or at least 2 feet (610 mm) if a depth number is not specified.

4.

Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus 1 foot or the design flood elevation, whichever is higher.

Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, shall meet the requirements of Section R322.2.2.

(b)

Standard plumbing code. Notwithstanding the provisions of the Standard Plumbing Code adopted in section 5-56, air admittance valves otherwise approved for use in the Standard Plumbing Code shall not be installed in attics or inaccessible areas and shall be installed to be "readily accessible" as defined by the Standard Plumbing Code. Every building in which plumbing is installed shall have at least one (1) main vent stack of not less than three (3) inches in diameter for each building drain notwithstanding the installation of air admittance valve(s). Such vent shall run undiminished in size through to the open air above the roof.

(c)

Standard gas code. The standard gas code adopted in section 5-56 is amended as follows:

(1)

Section 105.6.1 is added and shall read as follows:

"105.6.1 GAS INSTALLATION CERTIFICATION

The L.P. gas installer shall certify to the county, prior to the Certificate of Occupancy issuance, that all new installations are in full compliance with the Standard Gas Code."

(d)

2015 International Property Maintenance Code. The following modified sections of the 2015 International Property Maintenance Code are also adopted as follows:

(1)

Section 303.2 of the 2015 International Property Maintenance Code is amended and shall read as follows:

303.2 Enclosures. Private swimming pools, hot tubs and spas containing water more than 24 inches (610mm) in depth shall be completely surrounded by a fence or barrier not less than 48 inches (1219mm) in height above finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching, where the self-latching device is not less than 54 inches (1372mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing, self-latching gates shall be maintained such that the gate will positively close and latch when released from the open position 6 inches (152mm) from the gate post. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.

(2)

Section 304.1 of the 2015 International Property Maintenance Code shall read as follows:

304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.

Responsibility. The owner/occupant of the premises shall maintain the structures and exterior property area including detached garages, fences and walls in compliance with these requirements, except as otherwise provided for in this ordinance. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this ordinance. Occupants/owners of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.

(3)

Section 304.2 of the 2015 International Property Maintenance Code shall read as follows:

304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation/mold/mildew stains shall be removed from the exterior surfaces and all exterior surfaces with oxidation/mold/mildew shall be stabilized and coated to inhibit future oxidation/mold/mildew.

(4)

Section 304.6 of the 2015 International Property Maintenance Code shall read as follows:

304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.

(5)

Section 304.8 of the 2015 International Property Maintenance Code shall read as follows:

304.8 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

(6)

Section 304.10 of the 2015 International Maintenance Code shall read as follows:

304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the nominal loads.

(7)

Section 304.14 of the 2015 International Maintenance Code shall read as follows:

304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, or other approved screened areas are employed.

(8)

Section 304.18.1 of the 2015 International Property Maintenance Code shall read as follows:

304.18.1 Doors. Doors providing primary access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily open able from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock.

(9)

Section 304.19 of the 2015 International Property Maintenance Code shall read as follows:

304.19 Gates. All exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates.

(Ord. No. 72-1, § 1; Ord. No. 73-2, § 1; Ord. No. 92-3, § 4; Ord. No. 96-1, § 1, 1-22-96; Ord. No. 96-5, § 1, 1-29-96; Ord. No. 96-14, §§ 2, 3; Ord. No. 00-06, § 1, 4-24-2000; Ord. No. 13-36, § 4, 5-20-13; Ord. No. 2016-64, § 2, 7-18-16)