The following building codes are hereby adopted, incorporated herein by reference as fully as if set out at length herein, and shall govern all construction, erection, alteration, repair, and demolition of all buildings or other structures within the corporate limits of the city; and any appurtenances attached thereto, except those portions of the adopted codes that are hereinafter deleted, modified, or amended:

A.

2020 Florida Building Code. The family of codes adopted by the Florida Building Commission, except as deleted, modified, or amended as indicated in Sections 12.2. and 12.3., below.

B.

National Electrical Code, 2017 Edition.

C.

International Property Maintenance Code, 2021 Edition, except as deleted, modified, or amended as indicated in Section 12.4., below.

D.

City of Cape Coral Engineering Design Standards, 2002, as amended.

E.

City of Cape Coral Utility Standards.

(Ord. 19-21, § 1, 4-7-2021; Ord. 64-22, § 2, 8-17-2022)

Amendments to adopted code. All sections of the 2020 Florida Building Code, Building are in effect except as amended as shown below:

A.

Section 107. Submittal Documents.

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 resistance construction requirements of the Florida Building Code.

B.

Section 115. Stop Work Orders.

115.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order. In addition, the building official is authorized to issue a stop work order for the failure to contain or remove construction refuse as required in the Code of Ordinances, Chapter 9, Health and Sanitation.

115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, all work on the construction site shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.

115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

C.

Section 117. Variances in Flood Hazard Areas.

117.1 Flood hazard areas. Pursuant to F.S. § 553.73, the variance procedures adopted in the City of Cape Coral 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.

D.

Section 202. Flood Loads.

202 Definitions.

SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, alteration, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

2. Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

(Ord. 19-21, § 1, 4-7-2021; Ord. 96-22, § 2, 11-30-2022)

All sections of 2020 Florida Building Code, Existing Building are in effect except as amended as shown below:

A.

Section 202. General Definitions

SUBSTANTIAL IMPROVEMENT. For the purpose of determining compliance with the flood provisions of this code, any repair, alteration, addition, or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:

1.

Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

2.

Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

(Ord. 19-21, § 1, 4-7-2021; Ord. 96-22, § 3, 11-30-2022)

The International Property Maintenance Code, 2021 Edition, a copy of which is on file in the City Clerk's office, as published by the International Code Council, Inc., is adopted by reference as if totally copied herein, with revisions to sections as follows:

A.

Section 101.1. Insert: City of Cape Coral, Florida.

B.

Section 103.1. Insert: City of Cape Coral Code Compliance Division. Further, wherever the words "code official" may appear in this code, substitute the words "Code Compliance Division Manager, or the Manager's designee", respectively.

C.

Section 107. Delete.

D.

Section 108. Delete.

E.

Section 109.3. Insert at end of such section: The City of Cape Coral Code Compliance Division may, in addition or alternatively, to pursuing any such criminal or civil penalties of seeking injunctive relief, bring violations for prosecution before the Code Compliance Special Magistrate, in accordance with §§ 2-81 through 2-96 of the City of Cape Coral Code of Ordinances.

F.

Section 302.4. Insert: twelve (12) inches in height.

G.

Section 304.14. Insert: January to December.

H.

Section 602.3. Insert: September to May.

I.

Section 602.4. Insert: September to May.

J.

All references to the "building official" in the International Property Maintenance Code, 2021 Edition, shall be construed as meaning the "Department of Community Development Director, or the Director's designee". All references in the International Property Maintenance Code, 2021 Edition to building, plumbing, mechanical, fuel gas, electric, fire safety or other codes or standards shall be construed to mean the 2020 Florida Building Code, National Electrical Code, 2017 Edition, and the Florida Fire Prevention Code, as applicable.

(Ord. 19-21, § 1, 4-7-2021)