It is the intent of this subchapter to maintain the highest standards for the building codes of the town. In the event of a conflict in the standards of the several codes hereby adopted, the more stringent provisions shall prevail.
(A) Adoption of Florida Building Code. The town hereby adopts by reference the current edition of the Florida Building Code as established and amended from time to time by F.S. Ch. 553, as the building code of the town, and incorporates the codes into the town’s Land Development Code, as though fully set out herein. The Florida Building Code shall be applied and enforced by the Building Official for all work requiring a building permit in the town, including both interior and exterior work in all buildings. A copy of the current edition of the Florida Building Code shall be filed in the office of the Clerk of the town and shall be available for public inspection during regular business hours established for the office of the Town Clerk.
(1) Adoption of current wind speed maps. The town hereby adopts by reference the exhibits entitled the current wind speed maps for use with the current edition of the Florida Building Code as established and amended from time to time by F.S. Ch. 553 as the ultimate design wind speeds for risk categories I, II and III for commercial and residential buildings and other structures as part of the building code of the town, and incorporates the wind speed maps into the town’s Land Development Code as though fully set out herein. The town shall make all necessary adaptations and refinements to the wind speed maps required to adopt a local determination of wind speed lines to the town’s boundaries. A copy of the wind speed maps shall be filed in the office of the Clerk of the town and shall be available for public inspection during the regular business hours established for the office of the Town Clerk.
(2) Adoption of Chapter One, Administration. The town hereby adopts by reference the current edition of Chapter One, entitled “Administration”, of the Florida Building Code as established and amended from time to time by F.S. Ch. 553 and adopted by the State Building Commission, as part of the building code of the town, and incorporates Chapter One, Administration, into the town’s Land Development Code as though fully set out herein. A copy of Chapter One, Administration, shall be filed in the office of the Clerk of the town, and shall be available for public inspection during the regular business hours established for the office of the Town Clerk.
(B) Adoption of Manufactured Home Construction and Safety Standards and Mobile/Manufactured Home Repair and Remodeling Guidelines. The town hereby adopts by reference the current edition of the Manufactured Home Construction and Safety Standards promulgated by the Department of Housing and Urban Development, pursuant to the Manufactured Housing Improvement Act as required by F.S. § 320.823, for all mobile home construction and interior work, and incorporates the codes into the town's Land Development Code, as though fully set out herein. In addition, the town hereby adopts by reference the current edition of the FLHSMV's Mobile/Manufactured Home Repair and Remodeling Guidelines' Policy Section. These codes and standards shall be applied and enforced by the Mobile Home Inspector for all work on mobile homes which is not subject to the Florida Building Code, including interior work in all mobile homes. A copy of the current edition of the Manufactured Home Construction and Safety Standards and the FLHSMV's Mobile/Manufactured Home Repair and Remodeling Guidelines' Policy Section shall be filed in the office of the Clerk of the town and shall be available for public inspection during regular business hours established for the office of the Town Clerk. The following repair and remodeling guidelines shall apply to mobile homes:
(1) Level 1 - ordinary repair and remodel. Ordinary repairs are nonstructural repairs. These are types of construction and repair that may not require permitting or other oversight.
(2) Level 2 - major repair or remodel that substantially impairs structural integrity or safety.
(a) A major repair or remodel of a mobile home will require an engineer's plan or blueprint to show that it is a deviation from the original home. Work is considered a deviation from the original mobile home if: (1) the materials being used are heavier than the original materials; (2) the repair or remodel changes the original home design; (3) interior walls are moved or modified; or (4) the repair or remodel involves major electrical and plumbing work. If a permit is required, the repair or remodel shall be approved if the repair or remodel complies with the engineer's plan or blueprint. No additional requirements shall be imposed on the repair or remodel.
(b) A major repair or remodel must be performed by qualified or licensed persons. To be designated as a person qualified to alter or modify a mobile home or recreational vehicle, a person must comply with local licensing or competency requirements in skills relevant to performing alterations or modifications on mobile homes or recreational vehicles.
(3) Level 3 - changes that disqualify the structure as a mobile home. Certain conditions will arise that may disqualify a mobile/manufactured home as being the home described on the title. Changes to the home as well as damage from storms can render a mobile/manufactured home unfit and a danger to residents.
(C) Adoption of State Fire Prevention and Life Safety Codes. The town hereby adopts by reference the current edition of the State Fire Prevention Code and the current edition of the State Life Safety Code, as established and amended from time to time by the state statutes and adopted by the State Department of Financial Services and as mandated to be enforced by the State Department of Financial Services. The town incorporates the current edition of the State Fire Prevention Code and the current edition of the State Life Safety Code into the town’s Land Development Code as though fully set out herein. A copy of the current edition of the State Fire Prevention Code and a copy of the current edition of the State Life Safety Code shall be filed in the office of the Clerk of the town and shall be available for public inspection during the regular business hours established for the office of the Town Clerk.
(D) Blocking, anchor and tie-down standards for mobile homes. The provisions of F.S. § 320.8325, which requires the use of anchors and tie-downs for mobile homes, and all rules promulgated by the Department of Highway Safety and Motor Vehicles which established minimum blocking, anchoring and tie-down standards for mobile homes, with permitted exceptions, are hereby adopted by reference. The statute, rules and standards therein provided shall be in full force and effect in the town as if fully set forth herein.
(E) Enforcement. The Building Official and the Mobile Home Inspector of the town are hereby charged with the enforcement responsibilities of this subchapter.
(F) Temporary housing.
(1) Authorization required. Upon authorization by the Town Council, temporary housing units, as defined, shall be eligible for installation and occupancy within the town.
(2) Requirements for temporary housing units. Temporary housing units must meet each of the following Building Code requirements before they are eligible for installation and occupancy within the town:
(a) A building permit is required for each temporary housing unit;
(b) The temporary housing unit must be in good, sound mechanical condition, fully serviceable, and safe and sanitary for its intended purpose when installed, and it must be maintained in like manner and condition throughout the period of its use; and
(c) The temporary housing unit cannot be a tent, or have any feature or apparatus using tenting material that can be used to create expanded interior or exterior space, regardless of whether such feature or apparatus is put into use or not.
(3) Duration for use of temporary housing units. Unless otherwise extended or shortened by further act of the Town Council, all temporary housing units must be removed from the town on or before 18 months from the date of authorization therefor by the Town Council. As a supplementary provision, but not as an exception to the foregoing exclusionary mandate, a temporary housing unit on which the work to remodel, rebuild or renovate it has been successfully completed so that at the expiration date the unit meets all requirements of all of the town’s land development regulations which are then currently applicable for its use, occupancy and location as a permanent mobile home, including the building code requirements for permanent mobile homes, the unit may remain.
(G) Continuing violations. Each day of a continuing violation, and each separate activity requiring a permit for which none has been obtained, shall constitute a separate violation hereof.
(H) Section supplemental. The provisions of this subchapter are supplemental, in additional to, and not in derogation of all other laws and ordinances of the town.
(Ord. 1-90, passed 1-31-1991; Ord. 4-03, passed 11-26-2003; Ord. 2-08, passed 9-25-2008; Ord. 1-2012, passed 3-22-2012; Ord. 01-2020, passed 5-28-2020)