This Section provides for minimum standards governing the construction of dwellings, buildings, and other structures within the City. Such standards are necessary to protect resident's health, safety, and general welfare. Furthermore, this Section includes, by reference, those building or technical codes that are required to provide that protection. Copies of all referenced codes are on file in the office of the City Clerk and are available for inspection during regular business hours.

In the implementation of this CDC and any of the codes referenced below, the "most stringent code" rule shall apply.

The following building and technical codes are adopted by reference. The administration of the Florida Building Code requirements referenced in this section lies with the Building Official.

A.

Florida Building Code adoption by reference - The Florida Building Code 8th Edition (2023), is hereby adopted by reference as the building code of the City.

1.

Building permit amendments -

a.

Applications not subject to a Development Order (DO):

i.

Permit review period - A building permit, for improvements not requiring a DO under this CDC, shall be issued within thirty (30) working days of complete application acceptance. Approval may be delayed when unusual circumstances exist which require additional time to process an application or when the permit application is incomplete or fails to satisfy all of the applicable requirements.

ii.

Construction period - A building permit may be canceled by the Building Official unless construction is substantially commenced, as evidenced by poured footers, slab foundations, and inspection activity, within six (6) months of issuance. The Building Official may grant one (1) extension of time for a period not to exceed ninety (90) days, provided the extension is requested in writing and just cause is demonstrated. Such requests shall be in writing and shall include just cause for the requested extensions.

b.

Applications subject to a DO:

i.

Permit review period - Building permits for improvements requiring a DO under this CDC shall be approved within thirty (30) working days of the effective date of a DO or building permit application, whichever comes later. Approval may be delayed when unusual circumstances exist which require additional time to process an application or when the permit application is incomplete or fails to satisfy all of the applicable requirements.

ii.

Construction period - The construction period shall not exceed twelve (12) months from the effective date of the DO.

2.

Florida Building Code local technical amendments for floodplain management -

a.

The Florida Building Code, Building, Section 202, is modified as follows:

Substantial Improvement: Any combination of repair, reconstruction, rehabilitation, addition or other improvement of a building or structure taking place during a 5-year period, the cumulative cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the improvement or repair is started. For each building or structure, the 5-year period begins on the date of the first permit issued for improvement or repair of that building or structure subsequent to the adoption of Ordinance 2009-49 on October 20, 2009. 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:

i.

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.

ii.

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

b.

The Florida Building Code, Existing Building, Section 202, is modified as follows:

Substantial Improvement: For the purpose of determining compliance with the flood provisions of this Code, any combination of repair, reconstruction, rehabilitation, addition or other improvement of a building or structure taking place during a 5-year period, the cumulative cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the improvement or repair is started. For each building or structure, the 5-year period begins on the date of the first permit issued for improvement or repair of that building or structure subsequent to the adoption of Ordinance 2009-49 on October 20, 2009. 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:

i.

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.

ii.

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

c.

The Florida Building Code, Residential, Section R322.3.2 is modified as follows:

R322.2.3 Foundation design and construction. Foundation walls for buildings and structures erected in flood hazard areas shall be designed to resist flood loads and shall be certified by a registered design professional.

B.

Florida Building Code—Mechanical - Florida Building Code, Mechanical, promulgated and amended by the Florida Building Commission, is hereby adopted by reference as the mechanical code of the City.

C.

Florida Building Code—Plumbing - Florida Building Code, Plumbing, promulgated and amended by the Florida Building Commission, also is hereby adopted by reference as the plumbing code of the City.

D.

National Electrical Code - The National Electrical Code, promulgated and amended by the Florida Building Commission, is hereby adopted by reference as the electrical code of the City.

E.

Florida Building Code—Fuel Gas - Florida Building Code, Fuel Gas, promulgated and amended by the Florida Building Commission, is hereby adopted by reference as the gas code of the City.

F.

Fire prevention code -

1.

Adoption by Reference - The Florida Fire Prevention Code, promulgated and amended by the Florida Building Commission, is hereby adopted by reference.

2.

Responsibility for Implementation - Responsibility for implementation of the Fire Prevention Code lies with the Fire Marshal.

3.

Design Standards - This CDC contains site design standards for fire lanes and access of fire equipment. Such standards are not an amendment to the Florida Fire Prevention Code, but are intended to establish uniform minimum design standards within the City.

(Ord. No. 2019-43, § 15, 5-21-2019; Ord. No. 2021-33, § 12, 4-6-2021; Ord. No. 2024-19, § 7, 5-7-2024)

A.

Engineering design and construction standards - The document entitled, "Engineering Design and Construction Standards," 2023 edition, is hereby adopted by reference and incorporated into this CDC. These standards have been prepared by the Engineering Department. Responsibility for administration lies with the City Engineer. Design and construction standards not referenced in the "Engineering Design and Construction Standards," 2023 edition, shall meet the requirements of the "Standard Specifications for Road and Bridge Construction." Deviation from any of these standards must be approved by the City Engineer.

B.

Roadway and bridge construction standards - The Florida Department of Transportation "Standard Specifications for Road and Bridge Construction," FY2024-25 edition, is hereby adopted by reference as the roadway and bridge construction standard of the City and incorporated into this CDC.

C.

Roadway and traffic design standards - The Florida Department of Transportation " Standard Plans for Road Construction" FY2024-25 edition, is hereby adopted by reference as the roadway and traffic design standard of the City and incorporated into this CDC.

D.

Traffic control device standards - The Federal Highway Administration "Manual on Uniform Traffic Control Devices," 2023 edition, is hereby adopted by reference as the traffic control devices standard of the City and incorporated into this CDC.

E.

Geometric design standards - The American Association of State and Highway Transportation Officials "A Policy on Geometric Design of Streets and Highways," 2018 edition, is hereby adopted by reference as the geometric design standard of the City and incorporated into this CDC.

F.

Highway capacity standards - The Transportation Research Board "Highway Capacity Manual," 2022 edition, is hereby adopted by reference as the highway capacity standard of the City and incorporated into this CDC.

G.

Drainage standards - The Florida Department of Transportation "Drainage Manual," 2024 edition, and the Southwest Florida Water Management District "Environmental Resource Permit Information Manual,", are hereby adopted by reference as the drainage standards of the City and incorporated into this CDC.

H.

Wastewater standards - The "Recommended Standards for Wastewater Facilities," 2022 edition (Ten State Standards), and the standards contained within Chapter 62-600 (Domestic Wastewater Facilities) of the Florida Administrative Code are hereby incorporated into this CDC as the wastewater standards of the City.

(Ord. No. 2024-19, § 8, 5-7-2024)

Editor's note— Ord. No. 2019-43, § 16, adopted May 21, 2019, repealed § 18.1.3, which pertained to National Flood Insurance Program.

A.

Scope - This Section of the CDC shall be known as the Property Maintenance Code, which shall be construed to secure its expressed intent, which is to ensure the public health, safety and welfare in so far as they are affected by the continued occupancy and maintenance of structures and premises.

B.

Applicability - The provisions of the Property Maintenance Code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises; and for administration, enforcement and penalties.

A.

General - The provisions of the Property Maintenance Code shall apply to all matters affecting or relating to structures and premises in the City, as set forth in Section 18.2. The standards referenced in the Property Maintenance Code shall be considered part of the requirements of the Property Maintenance Code to the prescribed extent of each such reference.

Where, in a specific case, different sections of the Property Maintenance Code specify different requirements, the most restrictive shall govern.

B.

Maintenance - Equipment, systems, devices and safeguards required by the Property Maintenance Code or a previous regulation under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under the Property Maintenance Code to be removed from, shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of the Property Maintenance Code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises.

C.

Application of other codes - Repairs, additions or alterations to a structure, or changes of occupancy, shall be performed in accordance with the procedures and provisions of the Florida Building Code, Florida Fuel Gas Code, Florida Mechanical Code, Florida Plumbing Code, Florida Building Code - Residential and the National Electrical Code.

D.

Other remedies - The provisions in the Property Maintenance Code shall not be construed to limit existing or other remedies available to the City relating to the removal or demolition of any structure which is dangerous, unsafe or unsanitary.

E.

Workmanship - Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of the Property Maintenance Code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions.

F.

Historic buildings - The provisions of the Property Maintenance Code shall not be mandatory for existing buildings or structures that are designated as historic buildings when such buildings or structures are structurally safe.

G.

Requirements not covered by the Property Maintenance Code - Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and welfare not specifically covered by the Property Maintenance Code, shall be determined by the Building Official or Community Standards Manager.

(Ord. No. 2021-53, §§ 2, 3, 9-7-2021)

A.

General

(1)

Scope - Unless otherwise expressly stated, the following terms shall apply, for the purposes of the Property Maintenance Code.

(2)

Interchangeability - Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.

(3)

Terms defined in other codes - Where terms are not defined in the Property Maintenance Code and are defined in the Florida Building Code, Florida Fire Prevention Code, Florida Fuel Gas Code, Florida Plumbing Code, Florida Mechanical Code, Florida Building Code - Residential or the National Electrical Code (collectively "technical codes"), such terms shall have the meanings ascribed to them as stated in those codes. Where there is a conflict between the Property Maintenance Code and an applicable technical code, the meaning ascribed in the most technical code shall prevail.

(4)

Terms not described - Where terms are not described through the methods authorized by Section 18.2.3, such terms shall have the ordinarily accepted meanings such as the context implies.

(5)

Parts - Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit," "housekeeping unit" or "story" are stated in the Property Maintenance Code, the shall be constructed as though they were followed by the words "or any part thereof."

B.

Definitions

(1)

Approved - Approved by the Building Official or the appropriate City official where otherwise noted.

(2)

Basement - That portion of a building which is partly or completely below grade.

(3)

Bathroom - Any room containing plumbing fixtures including, but not limited to, a bathtub and/or a shower.

(4)

Bedroom - Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.

(5)

Building Official - The officer or other designated authority charged with the administration and enforcement of the Florida Building Code, or a duly authorized representative.

(6)

Condemn - To adjudge unfit for occupancy.

(7)

Community Standards Manager - Designated authority charged with the administration and enforcement of the Property Maintenance Code.

(8)

Dwelling Unit - A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

(9)

Easement - That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lot or lots.

(10)

Exterior Property - The open space on the premises and on adjoining property under the control of owners or operators of such premises.

(11)

Extermination - The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.

(12)

Garbage - The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

(13)

Guard or Guardrail - A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.

(14)

Habitable Space - Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

(15)

Housekeeping Unit - A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, sink and bathtub or shower.

(16)

Imminent Danger - A condition which could cause serious or life-threatening injury or death at any time.

(17)

Infestation - The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.

(18)

Inoperable Motor Vehicle - A vehicle which cannot be driven upon the public streets for reason including but not limited to being non-registered, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.

(19)

Labeled - Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by label the manufacturer attests to compliance with applicable nationally recognized standards.

(20)

Lavatory - Also known as a sink.

(21)

Let for Occupancy or Let - To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

(22)

Occupancy - The purpose for which a building or portion thereof is utilized or occupied.

(23)

Occupant - Any individual living or sleeping in a building, or having possession of a space within a building.

(24)

Openable Area - That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.

(25)

Operator - Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

(26)

Owner - Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

(27)

Person - An individual, corporation, partnership or any other group acting as a unit.

(28)

Premises - A lot, plot or parcel of land, easement of public way, or right-of-way, including any structure thereon.

(29)

Public Way - Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.

(30)

Rooming Unit - Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.

(31)

Rubbish - Combustible and noncombustible waste materials, except garbage; the term shall include residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.

(32)

Sleeping Unit - A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.

(33)

Structure - That which is built or constructed or a portion thereof.

(34)

Tenant - A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

(35)

Toilet Room - A room containing a toilet and a sink but not a bathtub or shower.

(36)

Ventilation - The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

(37)

Water closet - Also known as a toilet.

(38)

Workmanlike - Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.

(39)

Yard - An open space on the same lot with a structure.

(Ord. No. 2021-53, § 4, 9-7-2021)

A.

Property maintenance inspection

(1)

General - The Community Standards Division shall coordinate and conduct all property maintenance inspections and the executive official in charge thereof shall be known as the Community Standards Manager.

(2)

Appointment - The Building Official and Community Standards Manager shall be appointed by the City Manager or designee.

(3)

Fees - The fees for activities and services performed by the Building Division in carrying out its responsibilities under the Property Maintenance Code shall be as indicated in the City of Largo Fee Ordinance.

B.

Duties and powers of the Building Official and Community Standards Manager

(1)

General - The Building Official or Community Standards Manager shall enforce the Property Maintenance Code.

(2)

Rule-making authority - The Building Official or Community Standards Manager shall have authority as necessary in the interest of public health, safety and general welfare, to interpret and implement the provisions of the Property Maintenance Code; to secure the intent thereof; and to designate requirements applicable because of local climate or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in the Property Maintenance Code, or of violating accepted engineering methods involving public safety.

(3)

Inspections - The Building Official or Community Standards Manager shall make all of the required inspections, or shall accept reports of inspections by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by the person responsible for the required inspection.

(4)

Right of entry - The Building Official or Community Standards Manager is authorized to enter any structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Building Official is authorized to pursue recourse to obtain entry as provided by law.

(5)

Identification - The Building Official or Community Standards Manager shall carry proper identification when inspecting structures or premises in the performance of duties under the Property Maintenance Code.

(6)

Notices and orders - The Building Official or Community Standards Manager shall issue all necessary notices or orders to ensure compliance with the Property Maintenance Code.

(7)

Department records - The Building Official or Community Standards Manager shall keep official records of all business and activities of the department specified in the provisions of the Property Maintenance Code. Such records shall be retained in the official records as long as the building or structures to which such records relate remains in existence, unless otherwise provided for by other regulations or law.

C.

Approval

(1)

Modifications - Whenever there are practical difficulties involved in carrying out the provisions of the Property Maintenance Code, the Building Official or Community Standards Manager shall have the authority to grant modifications for individual cases, provided the Building Official or Community Standards Manager find that the strict letter of the Property Maintenance Code impractical, the modification is in compliance with the intent and purpose of the Property Maintenance Code and such modification does not lessen health, life and fire safety requirements. The details of an action granting modifications shall be in writing and maintained in the department files.

(2)

Alternative materials, methods and equipment - The Property Maintenance Code is not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by the Property Maintenance Code, provided that any such alternative has been approved by the Building Official. An alternative material or method of construction may be approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of the Property Maintenance Code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the Property Maintenance Code in quality, strength, effectiveness, fire resistance, durability and safety.

(3)

Required testing - Whenever there is insufficient evidence of compliance with the Property Maintenance Code, or evidence that a material or method does not conform to the requirements of the Property Maintenance Code, or in order to substantiate claims for alternative materials or methods, the Building Official shall have the authority to require tests to be made to determine compliance at the expense of the one holding the permit(s), the developer, or the property owner.

a.

Test methods - Test methods shall be as specified in the Property Maintenance Code or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall be permitted to approve appropriate testing procedures performed by an approved agency.

(4)

Material and equipment reuse - Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved.

D.

Violations

(1)

Unlawful acts - It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of the Property Maintenance Code.

(2)

Enforcement - The enforcement and notice provisions of this section are an additional and supplemental means of enforcing the Property Maintenance Code. Nothing contained in this section shall prohibit the City from enforcing the Property Maintenance Code by any other means legally available to the City.

(3)

Prosecution of violation - Any persons failing to comply with the Property Maintenance Code may be served a notice of violation. Any violation may be enforced through any legal or administrative proceedings available to the Building Official or Community Standards Manager, including proceedings in equity to enjoin, restrain, correct or abate such violation, or to require the removal or termination of an unlawful occupancy of the structure.

(4)

Abatement of violation - The institution of legal or administrative proceedings shall not preclude the Building Official or Community Standards Manager from instituting appropriate action to enjoin, restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. Any costs incurred by the City in abating a violation shall constitute a lien upon the property where the violation is located.

E.

Notices

(1)

Notice to person responsible - Whenever the Building Official or Community Standards Manager determines that there has been a violation of the Property Maintenance Code, notice shall be given in the manner prescribed below to the person responsible for the violation as specified in the Property Maintenance Code. Notices for condemnation procedures shall also comply with the requirements of this subsection.

(2)

Form - Such notice prescribed above shall be in accordance with all of the following:

a.

Be in writing.

b.

Include a description of the subject property that is sufficient for identification.

c.

Include a statement of the violation or violations and why the notice is being issued.

d.

Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of the Property Maintenance Code.

e.

Inform the property owner of the right to appeal.

f.

Include a statement of the City's right to file a lien in accordance with this subsection.

(3)

Method of service: The notice shall be deemed to be properly served if a copy thereof is:

a.

Delivered personally;

b.

Sent by certified mail addressed to the alleged violator's last known address; or

c.

If the notice is sent is returned by the post office showing that the certified letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure or on the property affected by such notice.

F.

Unsafe structures and equipment

(1)

General - When a structure or equipment is found by the Building Official or Community Standards Manager to be unsafe, or when a structure is found unfit for human occupancy, such structure may be condemned.

a.

Unsafe structures - An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.

b.

Unsafe equipment - Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to the life, health, property or safety of the public or occupants of the premises or structure.

c.

Structure unfit for human occupancy - A habitable structure is unfit for human occupancy whenever the Building Official or Community Standards Manager find that such structure is unsafe or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, heating facility, sanitary or other essential equipment required by the Property Maintenance Code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

(2)

Closing of vacant structures - If the structure is vacant and unfit for human habitation and occupancy, the Building Official or Community Standards Manager are authorized to post a placard of condemnation on the premises and order the structure secured so as not to be an attractive nuisance. Upon failure of the owner to secure the premises within the time specified in the order, the Building Official or Community Standards Manager shall close and secure the premises through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the property upon which the structure is located and the costs shall constitute a lien upon such property and may be collected by any legal means.

(3)

Notice - Whenever the Building Official or Community Standards Manager condemn a structure or equipment under the provisions of Section 18.2.4.F, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 18.2.4.E. If the notice pertains to equipment, it shall also be placed on the condemned equipment in the form prescribed by Section 18.2.4.E.

(4)

Placarding - Upon failure of the owner or persons responsible to comply with the Property Maintenance Code within the time given in the notice, the Building Official or Community Standards Manager shall post on the premises or on the defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.

a.

Placard removal - The Building Official or Community Standards Manager shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding actions were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Building Official or Community Standards Manager shall be subject to penalties provided by the Property Maintenance Code.

(5)

Prohibited occupancy - Any occupied structure condemned and placarded by the Building Official or Community Standards Manager shall be vacated as ordered by the Building Official or Community Standards Manager.

Any person who shall occupy a placarded premises or shall operate placarded equipment shall be in violation of the Property Maintenance Code.

G.

Emergency measures

(1)

Imminent danger - When, in the opinion of the Building Official or his/her designee, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of a structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Building Official is authorized and empowered to require the occupants to vacate the premises forthwith. The City of Largo Building Official shall cause to be posted at each entrance of such structure a notice reading as follows: "This Structure is Unsafe and Its Occupancy Has Been Prohibited by the Building Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.

(2)

Temporary safeguards - Notwithstanding other provisions of the Property Maintenance Code, whenever, in the opinion of the Building Official or Community Standards Manager, there is imminent danger to the health and safety of the occupant(s) or public due to unsafe conditions, the Building Official or Community Standards Manager may order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedures described have been instituted; and may cause such other action to be taken as the Building Official or Community Standards Manager deems necessary to abate such emergency.

(3)

Closing streets - When necessary for public safety, the Building Official or Community Standards Manager may temporarily close structures and close, or request the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures and prohibit the same from being utilized.

(4)

Emergency repairs - The City may perform the necessary work to temporarily safeguard the premises. The costs incurred by the City shall constitute a lien on the property where the violation is located.

(5)

Hearing - Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Code Enforcement Board or Special Magistrate be afforded a hearing as described in the Property Maintenance Code.

H.

Demolition

(1)

General - The Building Official shall order the owner of any premises upon which is located any structure, which in the Building Official's judgment is so, dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure, or portions thereof.

(2)

Notices and orders - All notices and orders shall comply with Section 18.3.4.E.

(3)

Failure to comply - If the owner of a premises fails to comply with a demolition order within the time prescribed, the Building Official may cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the property upon which the structure is located and the costs shall constitute a lien upon such real estate.

I.

Means of appeal

(1)

Application for appeal - Any person directly affected by a decision of the Building Official or Community Standards Manager or a notice or order issued under the Property Maintenance Code shall have the right to appeal said decision, notice or order to the Code Enforcement Board or Special Magistrate, provided that a written application for appeal is filed within twenty (20) days after the day of the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of the Property Maintenance Code has been incorrectly interpreted, the provisions of the Property Maintenance Code do not fully apply, or the requirements of the Property Maintenance Code are adequately satisfied by other means. The notice of appeal shall state the basis for the appeal and the facts that support the appeal.

(2)

Notice of meeting - The Code Enforcement Board or Special Magistrate shall meet upon notice from the Community Standards Manager, within thirty (30) days of the filing of an appeal.

(3)

Open hearing - The appellant, the appellant's representative, the Building Official or Community Standards Manager and any person whose interests are affected shall be given an opportunity to be heard.

(4)

Procedure - The Code Enforcement Board or Special Magistrate shall adopt and make available to the public through the Code Enforcement Board or Special Magistrate procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.

(5)

Code Enforcement Board or Special Magistrate decision - The Code Enforcement Board or Special Magistrate shall affirm, modify or reverse the decision of the Building Official or Community Standards Manager by a vote of a majority of the total number of Code Enforcement Board members or Special Magistrate present at the hearing.

(6)

Court Review - A party shall have the right to appeal the Code Enforcement Board or Special Magistrate's decision by the filing of a petition for a writ of certiorari in the circuit court in the manner and time required by law.

(Ord. No. 2021-53, § 5, 9-7-2021)

A.

General

(1)

Scope - The provisions of this Section shall govern the minimum conditions and the responsibilities of persons for the maintenance of structures, equipment and exterior property.

(2)

Responsibility - The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in the Property Maintenance Code. 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 the Property Maintenance Code. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping it 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)

Vacant structures and land - All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided in the Property Maintenance Code so as not to cause a blighting problem or adversely affect the public health or safety.

B.

Exterior property areas

(1)

Sanitation - All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupants shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.

(2)

Grading and drainage - All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon.

Exception: Approved retention areas and reservoirs.

(3)

Sidewalks and driveways - All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.

(4)

Rodent harborage - All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approval processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation.

(5)

Exhaust vents - Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.

(6)

Accessory structures - All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.

(7)

Defacement of property - No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti.

(8)

It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.

C.

Exterior structure - 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.

(1)

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. 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.

(2)

Structural members - All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

(3)

Foundation walls - All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.

(4)

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

(5)

Roofs drainage - The roof and flashing shall be sound, tight and not have defects that admit water. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portions of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance or that adversely affects neighboring properties, real or personal, by causing damage, deterioration, etc. to that adjacent property.

(6)

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

(7)

Overhang extensions - All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, fire department connection (FDC) and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

(8)

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 imposed loads.

(9)

Chimneys and towers - All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

(10)

Handrails and guards - Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

(11)

Window, skylight and door frames - Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.

(12)

Openable windows - Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.

(13)

Insect screens - Year round, 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 not less than 16 mesh per inch, 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, are employed.

(14)

Doors - All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 18.2.9.B.(3).

(15)

Basement hatchways - Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.

(16)

Guards for basement windows - Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.

(17)

Building security - Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.

a.

Doors - Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a lock designed to be readily openable from the side which egress is to be made without the need for keys, special knowledge or effort and shall have a lock throw of not less than one (1) inch. Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order.

b.

Windows - Operable windows located in whole or in part within six (6) feet above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device.

c.

Basement hatchways - Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry.

D.

Interior structure - The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.

(1)

Structural members - All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.

(2)

Stairs and walking surfaces - Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.

(3)

Handrails and guards - Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

(4)

Interior doors - Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.

E.

Handrails and guardrails - Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than thirty (30) inches above the floor or grade below shall have guardrails. Handrails shall not be less than thirty (30) inches high or more than forty-two (42) inches high measured vertically above the nosing of the tread, or above the finished floor, of the landing or walking surfaces.

Exception: Guardrails shall not be required where exempted by the Florida Building Code.

F.

Extermination - All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re-infestation.

(1)

Owner - The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.

(2)

Single occupant - The occupant of a single-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.

(3)

Multiple occupancy - The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant or tenant to prevent such infestation in the area occupied, the occupant or tenant shall also be responsible for extermination.

(4)

Occupant - The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure.

(5)

Exception - Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination.

G.

Light, ventilation, and occupancy limitations

(1)

General

a.

Scope - The provisions of this Section shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.

b.

Responsibility - The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this Section.

c.

Alternative devices - In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Florida Building Code shall be permitted.

(2)

Light

a.

Habitable spaces - Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be eight (8) percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three (3) feet from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.

Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight (8) percent of the floor area of the interior room or space, but not less than twenty-five (25) square feet. The exterior glazing area shall be based on the total area being served.

b.

Common halls and stairways - Every common hall and stairway in residential occupies, other than in one- and two-family dwellings, must be lighted at all times with at least a 60-watt standard incandescent light bulb for each 200 square feet of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than thirty (30) feet. In non-residential occupies, means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space is occupied with a minimum of 1 footcandle (11 lux) at floors, landings and treads.

c.

Other spaces - All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.

(3)

Ventilation

a.

Habitable spaces - Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least forty-five (45) percent of the minimum glazed area required in Section 18.2.5.G.(2)a.

Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight (8) percent of the floor area of the interior room and space, but not less than twenty-five (25) square feet. The ventilation openings to the outdoors shall be based on a total floor area being ventilated.

b.

Bathrooms and toilet rooms - Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section 18.2.5.G.(3)a, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system for a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.

c.

Cooking facilities - Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit.

Exceptions: Where specifically approved in writing by the Building Official. Devices such as coffeepots and microwave ovens shall not be considered cooking appliances.

d.

Process ventilation - Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space.

e.

Clothes dryer exhaust - Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions.

H.

Occupancy limitations

(1)

Privacy - Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.

(2)

Minimum room widths - A habitable space, other than a kitchen, shall not be less than seven (7) feet in any plan dimension. Kitchens shall have a clear passageway of not less than three (3) feet between counter fronts and appliances or counter fronts and walls.

(3)

Minimum ceiling heights - Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of at least seven (7) feet.

Exceptions:

In one- and two-family dwellings, beams or girders spaced not less than four (4) feet on center and projecting not more than six (6) inches below the required ceiling height.

Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six (6) feet eight (8) inches with not less than six (6) feet four (4) inches of clear height under beams, girders, ducts and similar obstructions.

Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven (7) feet over not less than one-third of the required minimum floor area. In calculating the floor areas of such rooms, only those portions of the floor area with a clear ceiling height of five (5) feet or more shall be included.

(4)

Bedroom and living room requirements - Every bedroom and living room shall comply with the following requirements:

a.

Room area - Every living room shall contain at least one hundred twenty (120) square feet and every bedroom shall contain at least seventy (70) square feet.

b.

Access from bedrooms - Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.

Exception: Units that contain fewer than two (2) bedrooms.

c.

Water closet accessibility - Every bedroom in a shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story.

d.

Prohibited occupancy - Kitchens and non-habitable spaces shall not be used for sleeping purposes.

e.

Other requirements - Bedrooms shall comply with the applicable provisions of the Property Maintenance Code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this subsection; the plumbing facilities and water-heating facilities requirements of Section 18.2.7; the heating facilities and electrical receptacle requirements of Section 18.2.8 and the smoke detector and emergency escape requirements of Section 18.2.9.

(5)

Overcrowding - The number of persons occupying a dwelling unit shall not create conditions that, in the opinion of the Building Official, endanger the life, health, safety or welfare of the occupants.

(6)

Efficiency unit - Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:

a.

A unit occupied by not more than two (2) occupants shall have a clear floor area of not less than two hundred twenty (220) square feet. A unit occupied by three (3) occupants shall have a clear floor area of not less than three hundred twenty (320) square feet. These required areas shall be exclusive of the areas required by items (b) and (c).

b.

The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty (30) inches in front. Light and ventilation conforming to the Property Maintenance Code shall be provided.

c.

The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.

d.

The maximum number of occupants shall be three (3).

(7)

Food preparation - All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.

A.

General

(1)

Scope - The provisions of this Section shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.

(2)

Responsibility - The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this subsection.

B.

Required facilities

(1)

Dwelling units - Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.

(2)

Rooming houses - At least one (1) water closet, lavatory and bathtub or shower shall be supplied for each four (4) rooming units.

(3)

Hotels - Where private water closets, lavatories and baths are not provided, one (1) water closet, one (1) lavatory and one (1) bathtub or shower having access from a public hallway shall be provided for each ten (10) occupants.

(4)

Places of Employment, excluding home office of convenience - A minimum of one (1) water closet, one (1) lavatory and one (1) drinking facility shall be available to employees.

C.

Toilet rooms

(1)

Privacy - Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.

(2)

Location - Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one (1) flight of stairs and shall have access from a common hall or passageway.

(3)

Location of employee toilet facilities - Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located not more than one (1) story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of five hundred (500) feet (152 m) from the employees' regular working area to the facilities.

Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet from the employees' regular working area to the facilities.

D.

Plumbing systems and fixtures

(1)

General - All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.

(2)

Fixture clearances - Plumbing fixtures shall have adequate clearances for usage and cleaning.

(3)

Plumbing system hazards - Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the Building Official shall require the defects to be corrected to eliminate the hazard.

E.

Water system

(1)

General - Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Florida Plumbing Code.

(2)

Contamination - The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.

(3)

Supply - The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.

(4)

Water heating facilities - Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110°F (43°C). A gas-burning water heater shall not be located in any bedroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided.

An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.

F.

Sanitary drainage system

(1)

General - All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.

(2)

Maintenance - Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.

A.

General

(1)

Scope - The provisions this Section shall govern the minimum mechanical and electrical facilities and equipment to be provided.

(2)

Responsibility - The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this Section.

B.

Heating facilities

(1)

Facilities required - Heating facilities shall be provided in structures as required by this Section.

(2)

Residential occupancies - Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the Florida Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this subsection.

Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (19°C), shall be maintained.

(3)

Heat supply - Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either express or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms, and toilet rooms.

Exceptions: When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the Florida Plumbing Code.

(4)

Room temperature measurement - The required room temperatures shall be measured three (3) feet above the floor near the center of the room and two (2) feet inward from the center of each exterior wall.

C.

Mechanical equipment

(1)

Mechanical appliances - All mechanical appliances, fireplaces, solid fuel-burning appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.

(2)

Removal of combustion products - All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.

Exception: Fuel-burning equipment and appliances which are labeled for unvented operation.

(3)

Clearances - All required clearances to combustible equipment shall be maintained.

(4)

Safety controls - All safety controls for fuel-burning equipment shall be maintained in effective operation.

(5)

Combustion air - A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.

(6)

Energy conservation devices - Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved by the Building Official.

D.

Electrical facilities

(1)

Facilities required - Every occupied building shall be provided with an electrical system in compliance with the requirements of this subsection and Section 18.2.8.E.

(2)

Service - The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the Florida Building Code and the National Electrical Code. Dwelling units shall be served by a three-wire, 120/140 volt, single-phase electrical service having a rating of not less than sixty (60) amperes.

(3)

Electrical system hazards - Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for other similar reasons, the owner shall correct the defects to eliminate the hazard.

E.

Electrical equipment

(1)

Installation - All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe manner.

(2)

Receptacles - Every habitable space in a dwelling shall contain at least two (2) separate and remote receptacle outlets. Every bathroom shall contain at least one (1) receptacle. Any new or replacement bathroom receptacle outlet shall have ground fault circuit interrupter protection.

(3)

Luminaries - Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, broiler room and furnace room shall contain at least one (1) electrical luminary.

F.

Elevators, escalators and dumbwaiters

(1)

General - Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1 and CSA B44. The most current certification of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, or the certificate shall be available for public inspection in the office of the building operator. The inspection and tests shall be performed at not less than the periodical intervals listed in ASME A17.1, Appendix N, and CSA B44, except where otherwise specified by the authority having jurisdiction.

(2)

Elevators - In buildings equipped with passenger elevators, at least one (1) elevator shall be maintained in operation at all times when the building is occupied.

(3)

Exception - Buildings equipped with only one (1) elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.

G.

Duct systems - Duct systems shall be maintained free of obstructions and shall be capable of performing the required function.

A.

General

(1)

Scope - The provisions of the Section shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.

(2)

Responsibility - The owner of the premises shall provide and maintain fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this subsection.

B.

Means of egress

(1)

General - A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the Florida Fire Prevention Code and the Florida Building Code.

(2)

Aisles - The required width of aisles in accordance with the Florida Fire Prevention Code and the Florida Building Code shall be unobstructed.

(3)

Locked doors - All means of egress doors shall be readily openable from the side which egress is to be made without the need for keys, special knowledge or effort unless the door hardware conforms to that permitted by the Florida Building Code 8th Edition (2023) and the Florida Fire Prevention Code.

(4)

Emergency escape openings - Required emergency escape openings shall be maintained in accordance with the Florida Fire Prevention Code and the Florida Building Code in effect at the time of construction, and the following:

(a)

Required emergency escape and rescue openings shall be operational from inside of the room without the use of keys or tools;

(b)

Bars, grills, gates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the Florida Fire Prevention Code and the Florida Building Code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening.

C.

Fire-resistance ratings

(1)

Fire-resistance-rated assemblies - The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained.

(2)

Opening protectives - Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable.

D.

Fire protection systems

(1)

General - All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the Florida Fire Prevention Code and the Florida Building Code.

(2)

Smoke alarms - Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and in dwellings not regulated in Group R occupies, regardless of occupant load at all of the following locations:

a.

On the ceiling or wall outside of each separate sleeping area and in the immediate vicinity of bedrooms.

b.

In each room used for sleeping purposes.

c.

In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.

d.

Single or multiple-station smoke alarms shall be installed in other Groups in accordance with the Florida Fire Prevention Code and the Florida Building Code.

(3)

Power source - In Group R occupies and in dwellings not regulated as Group R occupies, single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low.

Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection.

Exception: Smoke alarms are permitted to be solely battery operated in buildings where no construction is taking place, buildings that are not served from a commercial power source and in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes.

(4)

Interconnection - Where more than one smoke alarm is required to be installed within an individual dwelling unit in Group R-2, R-3, R-4 and in dwellings not regulated as Group R occupies, the smoke alarms shall be interconnected in such a manner that activation of one alarm will activate all the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.

Exceptions:

Interconnection is not required in buildings which are not undergoing alterations, repairs, or construction of any kind.

Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for interconnection without the removal of interior finishes.

(Ord. No. 2021-33, § 13, 4-6-2021; Ord. No. 2024-19, § 9, 5-7-2024)