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Minutes 06-28-94 HINUTES OF THE CITY COHHISSION WORKSHOP HEETING HELD IN COI414ISSION CHAHBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE 28, 1994 AT 6:00 PRESENT Edward Harmening, Mayor Matthew Bradley, Mayor Pro Tem Jose Aguila, Commissioner David Katz, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk Don Jaeger, Building Official A1Newbold, Deputy Building Official CALL TO ORDER Mayor Harmening called the meeting to order at 6:26 p.m. REVIEW OF CHAPTER I Mayor Harmening recommended reviewing the City Attorney's recommendations regarding Chapter I as follows: 1-1 No recommended change 1-2 Include definition for Employee Include definition for Agent 1-3 No recommended change 1-4 Delete in its entirety 1-5 No recommended change 1-6 Move to separate Code section 1-7 Move to separate Code section 1-8 No recommended change 1-9 No recommended change 1-10 No recommended change Mayor Harmening inquired as to the reasons for the City Attorney's recommenda- tion to delete 1-4 in its entirety. City Attorney Cherof advised that this was one of the original sections when this Code was first enacted. He explained that Ordinances are repealed by reference. Mayor Harmening noted that if, for some reason, an Ordinance did not get codified, the City could be "caught in the cracks" without Section 1-4. Attorney Cherof recommends that the City provide that the laws of the City are the Ordinances. The Code is the catch-all which references all the Ordinances. When it comes down to a conflict between what is the edified Code, the Ordinance will prevail. Attorney Cherof will include a catch-all provision in place of Section1-4. - 1- HINUTE$ - CITY COHH]S$ION ~RKSHOP HEET]NG BOYNTON BEACH, FLORIDA ~UHE 28, 1994 CHAPTER 5 Don Jaeger, Building Official, said that in the aftermath of Hurricane Andrew, the Palm Beach County Building Code Advisory Board assigned a subcommittee to analyze the building Codes to see if they needed strengthening. After months of review, the general feeling of the Advisory Board and the Code Congress was that the Code, as currently written, is sufficient to mitigate any damage from hurricane-force winds. There were a number of recommendations placed before the municipalities. The City of Boynton Beach has continually analyzed those recommendations and par- ticipated in the hearings. The recommendations made in Building Department Memorandum No. 94-155 dated June 21, 1994, are those which were recommended by the Building Code Advisory Board and adopted by the County. Most other munici- palities are adopting these recommendations as is. Other municipalities such as Delray Beach, have not adopted them, but put them into effect by policy. Mr. Jaeger recommends formally adopting these recommendations even though they will be incorporated in the amendments which are expected in late Fall when the County adopts the 1994 Standard Codes. The recommendations proposed are listed below. Roof sheathing must be fastened according to a report issued by the American Plywood Association. It states minimum sheathing is to be 5/8". There is also a change in the spacing and type of fasteners. (Mr. Jaeger referred to Page 29.2 which lists the fastening schedule.) This policy has already been adopted by policy and the City Commission was advised of this fact months ago. There is also a requirement that roof tile be nailed. This has been a contro- versial item, but this is the manufacturer's recommendation. There are other products such as foam which are being tested, but those products have not received any approvals to date. Commissioner Aguila confirmed with Mr. Jaeger that his recommendation involves nailing every tile and setting it in a bed of mortar. He also questioned whether any municipality has adopted this recommendation to date. Mr. Jaeger responded that the City of Delray Beach, North Palm Beach and the County have adopted this recommendation. Commissioner Aguila feels this is a good idea and realizes that only the builder will have complaints about this because it will affect his profit. Mr. Jaeger pointed out that one other concern being expressed is the fact that a substantial number of holes are being made in the wood which might affect the guarantee. Commissioner Aguila pointed out that there are other ways of doing this job without going into the vinyl sheathing. This recommendation is in the 1992 amendments to the 1991 Code. However, the Code adoption is the jurisdiction of the County and they do not adopt the amend- ments. -2- MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA dUNE 28, 1994 The Advisory Board has also brought forth another clipping and nailing schedule which is recommended for use in the interim period while testing is done. Mr. Jaeger did not include that schedule in the packet of information since it was not a Code recommendation. It is a policy recommendation. Delray Beach has adopted that policy. Another issue is the impact standards for shutters. This issue will be discussed at the mid-year hearings in July and possibly in October. The Advisory Board recommended adoption of the standard, but only North Palm Beach has adopted that policy to date. The County has taken a "wait and see" atti- tude, and Mr. Jaeger recommends the City of Boynton Beach do the same. Mayor Harmening said he is not certain he agrees with this recommendation even if the County recommends it. Mr. Jaeger explained that the problem with the impact standards is that people are delaying the purchase of shutters because they do not know what will happen. This recommendation has been adopted in Dade and Broward Counties. In discussions with insurance representatives, Mr. Jaeger learned that they will not allow any reduction on rates unless the shutters meet the Dade standard. Aluminum shutters are not passing the test. Some galvanized steel shutters are passing, but they are unmanageable for most people because of their weight. Commissioner Aguila referred to Page 27 and noted a typographical error which should be corrected to read: M : ~erodynam!c uplift moment (ft.-lb) actin9 to raise the tail =a = of the tile. With regard to Page 27.2, 1302.2.7, Soil Tests, Commissioner Aguila questioned whether or not there should be a requirement included whereby engineers not only do soil testing, but also provide a recommendation. Mr. Jaeger advised that the City always gets recommendations from the engineers. Commissioner Aguila feels the City should not have to request the recommenda- tion. Mayor Harmening pointed out that if the test determines that the soil bearing value is 2,500 p.s.i, no recommendation is needed to build up to a four- family dwelling. Mr. Jaeger feels a recommendation is necessary and agreed to consider the recommendation made by Commissioner Aguila. Deputy Building Official Newbold remarked that the recommendation was part of a previous adden- dum. Regarding Page 31.1, 2505.5.1, Overturning Resistance, Commissioner Aguila in- quired as to who is responsible for testing to determine the resistance to over- turning. Mr. Jaeger responded that the manufacturer has this responsibility. With regard to Page 33.1, 3202.4, Replacement, Commissioner Aguila asked for clarification of this section. Mr. Jaeger explained that this replacement is part of the Standard Building Code. The only words added from the last amend- ment are "or recovered". -3- 14INUTE$ - CITY COHNI$$ZON WORKSHOP NEETING BOYNTON BEACH, FLORIDA JUNE 28, 1994 This section says that if an existing roof does not meet Code and a person replaces greater than 25% of that roof, the entire roof must be brought up to Code standards. If the existing roof meets Code, you can replace more than 25% of it. Mr. Jaeger said that when the other recommended amendments are brought forward, these questionable sections will be clarified. Commissioner Aguila referred to Building Department Memorandum No. 93-217 dated October 28, 1993, from Don Jaeger to J. Scott Miller, wherein Mr. Jaeger recom- mended that the City not implement recommendations prior to the Code Congress adopting a definitive stand and specific Code language. Commissioner Aguila questioned whether or not Mr. Jaeger has the same opinion at this time. Mr. Jaeger said his recommendation that the City not implement the recommenda- tions was in reference to the impact standards for fenestrations. Mr. Jaeger's opinion has not changed since October, 1993. Mr. Jaeger feels that the City must protect itself. If a manufacturer makes a recommendation, he feels the City should go along with that recommendation. One of the recommendations from the Code Advisory Board which Mr. Jaeger is somewhat reluctant to recommend is the deletion of the one and two-family dwelling sec- tion of the Code. At present, the State recognizes Chapter 12, which requires that an architect or engineer to sign and seal the design plans, or the "Deem to Comply" standard. The "Deem to Comply" standard is economically unfeasible. The one and two-family dwelling Code allows homeowners to comply with the stan- dard without having the plan signed and sealed. The Code Advisory Board recom- mends not allowing this. Mr. Jaeger does not believe the City will be able to keep this in the Code if the Board recommends its removal. The Code Advisory Board also recommends deleting the requirements for tin tags and six nails in shingles. Mr. Jaeger disagrees with this recommendation. Commissioner Aguila referred to the City's Code book, Page 408.1, Section 5-5, Accessibility by Handicapped, and questioned whether or not this section is in conflict with ADA. Mr. Jaeger said this is more stringent than the State re- quirement. The rule which applies is the one which is more stringent. Commis- sioner Aguila stated that he believed the State Accessibility Requirements Manual cannot be made more stringent by any municipality. It is a law of the State which cannot be altered by any municipality. Mr. Jaeger agreed with that statement. In that case, Commissioner Aguila recommended that Section 5-5 be removed from our Code. Mr. Jaeger pointed out that this Section was in effect prior to the adoption of the State law. He felt there may be something in the State Handicap Code which grandfathers in older, stricter rules. Commissioner Aguila advised that when new Statutes are adopted, the old Statutes are removed. Commissioner Aguila asked for Attorney Cherof's opinion on whether or not Section 5-5 of our Code must be deleted since the State's Accessibility Requirements Manual, which is a State Statute, states in the Preamble that it cannot be altered in any way by any municipality. Attorney Cherof said he would -4- MZNUTES - CITY COMMISSION gORKSHOP MEETING BOYNTON BEACH, FLORIDA JUNE 28, 1994 have to review the Statute because he thought it stated the minimum require- ments. Mr. Jaeger agreed that municipalities cannot make the Statutes stronger or weaker. However, there is some language in the Statute about "existing". He will investigate this situation. Commissioner Aguila stated that he supports Mr. Jaeger's recommendations with regard to Section 5. Mayor Harmening also supports these recommendations as long as the City keeps the plywood and nailing schedule on the new level. Mayor Pro Tem Bradley inquired as to straps and wondered if the existing hurri- cane wind straps are sufficient. Mr. Jaeger said there was no recommendation for modifications in that area. Consensus There was a consensus of the Commission to move forward with these changes and prepare them in final form. ADJOURNMENT There being no further business to come before the Commission, the meeting prop- erly adjourned at 7:07 p.m. THE CITY OF BOYNTON BEACH ory ///~i ce Mayor ATTEST: ~City~C1 erk ecretary L~q3n e Tape) /~llayor Pro Tem, Commissioner -5-