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24-2262 Amending and Updating City Code Chapter Buildings and Building Regulations ORDINANCE NO. 24-2262 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING CHAPTER 18 REGARDING BUILDINGS AND BUILDING REGULATIONS; PROVIDING FOR TIMELINES AND PENALTIES ASSOCIATED WITH MILESTONE INSPECTIONS AS OUTLINED IN STATE STATUTE 553.899; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the State Legislature had found that maintaining the structural integrity of a building throughout its service life is of paramount importance in order to ensure that buildings are structurally sound so as to not pose a threat to the public health, safety, or welfare; and WHEREAS, the State Legislature has found that the imposition of a statewide structural inspection program for aging condominium and cooperative buildings in this state is necessary to ensure that such buildings are safe for continued use; and WHEREAS, the City of Longwood ("City") recognizes that chapter 553, Florida Statutes, allows local governments to adopt and enact local administrative amendments to the Florida Building Code that are more stringent than the minimum standards described therein so long as such amendments are transmitted to the Florida Building Commission within thirty days after enactment and are made available to the general public in a useable format; and WHEREAS, the City elects to set forth prescribed timelines and penalties with respect to compliance of mandatory structural inspections of aging condominium and cooperative buildings; WHEREAS, the City has determined that the amendments to the City Code adopted by this Ordinance are in the best interest of and for the health, safety, and welfare of the citizens of the City. NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA,AS FOLLOWS: SECTION 1. Chapter 18, Article II of the Longwood City Code shall be Amended as follows (Words that are stricken out are deletions; words that are underlined are additions; Articles, Sections, Subsections and Provisions not referenced in this ordinance are not modified): Chapter 18 - BUILDINGS AND BUILDING REGULATIONS Sec. 18-10. Mandatory Inspection of Aging Condominium and Cooperative Buildings. f Definitions The following terms shall be defined as follows: Ordinance No.24-2262 Page 1 of 6 1. Building official as defined in F.S. ch. 468.603. 2. Milestone inspection as defined in F.S. § 553.899(2)(a). 3. Substantial Structural Deterioration as defined in Chapter 553.899(2)(b), Florida Statutes. Inspection, reporting and repairs. 1. Milestone Inspection Required. Shall be in accordance with Florida Statute 553.899. 2. Notice from Building Official. Shall be in accordance with Florida Statute 553.899. 3. Milestone inspection. A milestone inspection consists of two phases and shall be in accordance with F.S. § 553.899. 4. Milestone inspection report. Shall be in accordance with F.S. § 553.899 with the following modifications. i. Shall be submitted digitally via City of Longwood online permitting system. ii. With the phase one milestone inspection report submission, the responsible engineer or architect who has performed the milestone inspection shall provide the building official with a letter indicating their professional opinion on whether the building or structure may continue to be safely occupied when a phase two milestone report is required. iii. If a phase two milestone inspection report is required, at submission, the responsible engineer or architect who has performed the phase two milestone inspection shall provide the building official with a letter indicating their professional opinion on whether the building or structure may continue to be safely occupied. 5. Repairs and modifications. Shall be in accordance with F.S. § 553.899 with the following modifications: i. Based on the recommendations in the phase two report, all required repairs must be commenced within 365 days. The permit application shall include a direct reference to the phase two milestone inspection report. ii. At the time of repairs commencing, the responsible engineer or architect who has filed the building construction documents shall provide the building official with a letter indicating their professional opinion on whether the building or structure may continue to be safely occupied. iii. At the time of repairs commencing, the responsible engineer or architect who has filed the building construction documents shall provide the Building Official with a letter indicating their professional opinion on whether the building or structure may continue to be safely occupied. Ordinance No.24-2262 Page 2 of 6 iv. All required repairs shall be completed and inspection through the City of Longwood permitting process. 6. Failure to perform repairs and modifications. Shall be in accordance with F.S. § 553.899. 7. Self-registration for Qualifying Condominium Associations and Co-ops. i. All condominium and cooperative associations with buildings three stories or higher must register via the City of Longwood online system within 180 days of being notified of their requirement to participate in the mandatory inspection of aging condominium buildings process. ii. All new qualifying condominium and cooperative associations with buildings three stories or higher must register via the City of Longwood online system prior to issuance of certificate of occupancy. 8. Fees, extensions, and penalties. i. Fees for the administration of this article shall be as per the adopted fee schedule. ii. Enforcement for the requirements of this article, shall be enforced as follows: 1. By an action for injunctive relief, civil penalties, or a combination thereof, through a court of competent jurisdiction. 2. All remedies and penalties provided for in this section shall be cumulative and independently available to the City and the City shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law. 3. A violation of this article shall constitute a separate offense for each day it recurs or continues. iii. Extensions for the requirements of this article shall be in accordance with F.S. § 553.899. iv. Failure to comply with the timelines established in this article may result a fine of up to $250.00 per infraction per day against the property owner pursuant to the city's code compliance procedures. The city has the right to place and foreclose a code enforcement lien against the property for such accrued fines. Sec. 18-155. Vibratory compaction operations, limitations. (a) Vibratory compaction shall not be used within 75 feet of existing structures. (b) The use of driver operated vibratory compactors for construction within the city limits will be allowed only if use of such equipment does not produce a peak particle velocity in Ordinance No.24-2262 Page 3 of 6 excess of 0.25 inch per second when measured on the ground at the closest adjacent structure not owned by the contractor/developer or their client or at the property line if the adjacent site is not accessible. Peak particle velocity shall be measured as the true vector sum (resultant peak particle velocity) in three mutually perpendicular planes in one instant in time. (c) For the purpose of this section, "driver operated vibratory compactors" shall include any soil/substrate/material compactor operated by a driver seated on the equipment which uses any vibratory mechanism, regardless of size or weight. "Peak particle velocity" is a quantification of vibration measured by a portable seismograph typical to the local construction industry. (d) In the event requirements in subsection (a) cannot be achieved, a special exemption authorization letter may be issued by the city's building official and/or city engineer in cases where a request for a special exemption is filed in writing and where the following conditions are met: (1) A signed and sealed report is filed by a registered professional engineer licensed to practice in the State of Florida which renders his/her opinion that exceedance of the prescribed peak particle velocity shall not cause damage to the closest adjacent structure(s), including damage that results from foundation settlement, and provides the technical basis for such opinion. (2) The registered professional engineer certifies that they have performed a pre- construction "condition survey" of adjacent structures, and provides said document to the city, including property wall/fence systems/pools/stand-alone structures within a 100-foot zone surrounding the work site, which includes detailed photographic documentation as well as the results of visual examination and records of noted distress features in adjacent structures (3) A post-construction survey of adjacent structures as detailed in (2) above will be made by the registered professional engineer and a report of that survey will be submitted to the city. (4) Pre and post inspection and documentation, settlement surveying and monitoring and vibration monitoring shall be performed in accordance with FDOT Section 108 of the FDOT Standard Specifications for Road and Bridge Construction (Current Version). (e) A written record of peak particle velocity measurements, including vibratory frequency, must be maintained and submitted to the city on a daily basis during performance of the vibratory compaction work. (f) Walk-behind rollers, plate vibratory compactors and other compacting equipment are permitted without limitation and in accordance with the time restrictions set forth in section 18-2 for hours of operation. (g) Upon observation of a violation of this section, the city's building official or authorized representative is authorized to issue a stop work order to immediately cease such Ordinance No.24-2262 Page 4 of 6 violation. The city may otherwise enforce this section as provide by law and the city's Code of Ordinances. SECTION 2. SECTION 18-155 RESTATED. Section 18-155 Vibratory compaction operations, limitations is re-stated and adopted as written. SECTION 3. CONFLICTS. If any ordinance or part thereof is in conflict herewith, this Ordinance shall control to the extent of the conflict. SECTION 4: CODIFICATION. Section 1 of this Ordinance shall be codified; and any sections, subsection, paragraph, or subparagraph may be renumbered or re-lettered as appropriate and to accomplish the intent of this Ordinance. SECTION 5: SEVERABILITY. The provisions of this Ordinance are declared to be separable and if any section, paragraph, sentence or word of this Ordinance or the application thereto any person or circumstance is held invalid, that invalidity shall not affect other sections or words or applications of this Ordinance. If any part of this Ordinance is found to be preempted or otherwise superseded, the remainder shall nevertheless be given full force and effect to the extent permitted by the severance of such preempted or superseded part. SECTION 6: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. FIRST READING: September 16, 2024 SECOND READING AND ADOPTION: October 7, 2024 PASSED AND ADOPTED THIS 7th DAY OF October, 2024 CITY COMMISSION CITY OF LONGWOOD, FLO IDA (///‘ MATTHEW MCMILLAN, MAYOR ATTEST: L L , CRM, City Clerk Ordinance No.24-2262 Page 5 of 6 Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only. DANIEL W. LA F ( ATTORNEY Ordinance No.24-2262 Page 6 of 6