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16South Miami To: The Honorable Mayor and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager / p From: Victor Citarella, P ,, Building Department Director Date: March'15, 2011 Agenda Item No: SUBJECT: An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Chapter 7 of the Code of Ordinances of the City of South Miami to remove the wording South Florida Building Code and adopting the Florida Building Code and all other codes adopted by the Florida Building Code as the city codes together with all amendments thereinafter made, and all subsequent editions, to said codes; providing for severability; providing for ordinances in conflict; providing an effective date. BACKGROUND: Chapter 7 of the Code of Ordinances of the City of South Miami provides for Building regulations that protect the safety, health and welfare of its citizens, and Section 7 -1 provides for the adoption of the South Florida Building Code and other codes. The South Florida Building Code, with jurisdiction over Palm Beach, Miami -Dade and Monroe counties, has been replaced by the Florida Building Code, with state -wide jurisdiction, which adopts other related codes. It is required to replace the South Florida Building Code with the Florida Building Code with all amendments thereinafter made and all subsequent editions to the Florida Building Code at the time they are published. PROPOSED CITY CODE AMENDMENT: Change Section 7.1 of the Code of Ordinances of the City of South Miami, to read as follows: "Chapter 7 BUILDINGS Sec. 7.1 Adoption of 9##&-Florida Building Code and other codes. The Florida Building Code, is adopted as the building code of the City of South Miami, together with the provisions of Part V, Chapter 553 of the Florida Statutes and all codes adopted by the Florida Building Code Tkffeirs, the REP t respectively, as the city's codes for aoeessibiI43� of together with all amendments thereinafter made, and all subsequent editions, to said codes." RECOMMENDATION: It is recommended that the South Florida Building Code previously adopted by the City of South Miami, be replaced by the Florida Building Code and all its adopted codes. The attached draft ordinance should be adopted on first reading. Attachment Draft Ordinance X: \Comm Items\2011 \3 -15 -11 \City Code Amend Chap 7 FBC CM Report.doe 1 2 4 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ORDINANCE NO. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Chapter 7 of the Code of Ordinances of the City of South Miami to remove the wording South Florida Building Code and adopting the Florida Building Code and all other codes adopted by the Florida Building Code as the city codes together with all amendments thereinafter made, and all subsequent editions, to said codes; providing for severability; providing for ordinances in conflict; providing an effective date. WHEREAS, Chapter 7 of the Code of Ordinances of the City of South Miami provides for Building regulations that protect the safety, health and welfare of its citizens, and Section 7 -1 provides for the adoption of the South Florida Building Code and other codes; and WHEREAS, the South Florida Building Code has been replaced by the Florida Building Code which adopts all other related codes, and WHEREAS, the Mayor and the City Commission want to replace the South Florida Building Code with the Florida Building Code with all amendments thereinafter made and all subsequent editions to the Florida Building Code at the time they are published. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the Mayor and City Commission authorize the change of Section 7 -1 of the Code of Ordinances of the City of South Miami as follows: Chapter 7 BUILDINGS Sec. 7.1 Adoption of goo&Florida Building Code and other codes. The Florida Building Code, is adopted as the building code of the City of South Miami, together with the provisions of Part V, Chapter 553 of the Florida Statutes and respectively, as the city's codes d life safety , together with all amendments thereinafter made, and all subsequent editions, to said codes. Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 2 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this—, day of 2011. 1.1161: 6 CITY CLERK I" Reading - 2 °a Reading- READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY F.110930]T/aa MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: