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CHAPTER.20 Chapter 20 BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. I. In General II. Electrical Code III. Reserved IV. Reserved V. Energy Efficiency Code VI. Reserved VII. Flood Damage Prevention VIII. Housing IX. Swimming Pools and Spas X. Reserved XI. Reserved XII. Reserved XIII. Historic Preservation ARTICLE I. IN GENERAL Sec. 1. Penalties. Any person convicted of the violation of any of the terms or provisions of this chapter or any code or standards adopted hereby shall be punished as provided by Section 1-6 of the Code of Ordinances. If any person commences any work on a building, structure, plumbing, mechanical or gas system before obtaining the necessary permit, he shall be subject to a penaky of four (4) times the established permit fee. The director of development may allow a waiver of the penalty fee, in whole or in part, when such waiver does not violate the best interests of the city. Sec. 2. Certificate of treatment for termites. Before any slab inspection is performed by the development department for the continued construction of any improvements on any property in the city, the owner of said property or his contractor shall furnish a certificate from a city licensed exterminator that the soil has been treated for termites. Sec. 3. Minimum building and construction standards. A. The Florida Building Code 2001, Gas, Mechanical and Plumbing Codes, 2001 Edition, and the 1999 National Electrical Code including future editions or revisions as adopted by the city, are hereby adopted as the minimum Building Code for the City of Boynton Beach. B. Chapter 1, Administration, as described in the Boynton Beach Amendments, and is incorporated herein in the Florida Building Code 2001, Gas, Mechanical and Plumbing Codes, 2001 Edition, and the 1999 National Electrical Code. C. The City of Boynton Beach Administrative Amendments to the 2001 Florida Building Code, Plumbing, Mechanical, Gas and 1999 National Electrical Code are attached and incorporated in this document and made a part hereof. D. All construction regulation fees as referenced or described in the above codes are subject to amendment by resolution by the City Commission. Current fee schedules shall be maintained on file in the Office of the City Clerk and shall be available, without charge, to the public. (Ord. No. 96-40, §§ 1 - 3, 5, 9-4-96; Ord. No. 99-16, § 1 - 4, 6-15-99; Ord. No. 02-047, § 1, 9-3-02) Sec. 4. Fees. A. Permit fees. A permit shall not be issued until the minimum fee of thirty-five dollars ($35.00) or 1.6% of the total valuation, whichever is greater, has been paid. The permit fee shall be based on the value of the proposed construction of all items specified and detailed on the plans and/or listed on the permit application. An amendment to a permit shall not be issued until the additional fee, if any, due to an increase in estimated cost of the building, electrical, plumbing, gas, mechanical, landscaping or site development, has been paid. 2003 S-20 2 1 Boynton Beach Code B. Interim services fee. The City Commission hereby establishes an "interim services fee" which is an annual user charge applicable, except during the Suspension Period as provided hereinafter, to structures certified for occupancy by the city development department but not appearing on the Palm Beach County tax rolls as an improvement to real property. 1. Reserved. 2. Levied. Except during the Suspension Period as provided hereinafter, every structure located within the city and not yet appearing on the county tax roll, shall be subject to an interim services fee. This interim services fee shall be in effect from the date of the issuance of a certificate of occupancy or certificate of completion to January 1 of the year following the issuance of the certificate; provided, the levy of the interim service fee is suspended, effective June 14, 1999, until such suspension is repealed by adoption of an ordinance by the City Commission of the City of Boynton Beach (the "Suspension Period"). Said fee shall be charged in accordance with the fee schedule which is attached to Ordinance No. 91-17 as Exhibit ;;B" and the computation hereinafter set forth. a. Dwelling unit computation. For the purposes of this subsection and Exhibit "B", dwelling unit computation shall be made as follows: (1) Each single-family unit, including condominium, apartment and hotel unit, shall count as one. (2) For commercial and/or industrial structures, divide the total building square footage for each such industrial and/or commercial structure by one thousand (1,000) square feet rounded to the nearest tenth (0.1). b. Fee determination; proration. The dwelling unit computation shall be utilized in conjunction with the fee schedule set forth in Exhibit ~B" in computing the interim services fee. The following example illustrates how the interim services fee is arrived at: 2000 S-13 Examp 1 e: A 22,565 square foot office 22,565 ) 1,000 = 22.565 22.6 X $10.23 = $231.20 I 3. Procedure. Except during the Suspension Period set forth above, the director of development shall collect the interim services fee prior to the isstiance of a certificate of occupancy or certificate of ca~npletion by the development department. s 4. tgistribution. Except during the Suspension Period set forth above, on a daily basis, the developmem department shall promptly remit monies collectid pursuant to this section to the city finance director. e 5. Eligibility for municipal services. Except during the Suspension Period set forth above, no improvement shall be eligible for municipal services unless~n interim services fee has been paid. e 6. Creation of trust fund. The finance director shall dl~posit all funds collected into a non- lapsing trust fund established and maintained by the city. The use of such funds will be restricted and limited to expenditures for public safety, physical environment (llublic works administration costs), maintenance atkl services for roads and streets, health (animal control), library and parks and recreation, which are associated with the properties from which the funds were collected. The city manager shall provide the City Commission with recommendations for expenditures of these funds during the annual budget process or from time to time as needed. Such expenditures of funds shall be limited to a percentile of total fees collected for each of the services as identified herein. The City Commission by resolution must approve all expenditures from said trust fund upon determination that said expenditures are appropriate. (Ord. No. 00-09, § 2, 4-4-00) Buildings, Housing and Construction Regulations 2A Sec. 5. Accessibility by handicapped. All construction must conform with federal, state and county accessibility rules and regulations including, but not limited to, the Florida Accessibility Code, January 1994 Edition. In addition, all interior doors in all dwelling units, hotel rooms and motel rooms on first floor only or floors serviced by elevators shall have a minimum of twenty-nine (29) inches clear opening, (door of at least thirty-two (32) inches in width) with the exception of storage rooms and closets. 2000 S-13 Sec. 6. Coastal building zone and code. A. The coastal building zone for the city is the land area from the seasonal high-water line landward to a line one thousand five hundred (1,500) feet landward from the coastal construction control line as established pursuant to Section 161.053, Florida Statutes. Development projects within this zone must utilize best management construction techniques for natural resource protection and must conform to the goals, objectives and policies of the comprehensive plan of the city, Chapter B7, Coastal Management. B. The coastal construction code was adopted on August 19, 1986 and applies to all construction within the coastal building zone. It is not set out at length herein, but is on file and available for inspection in the offices of the city clerk and the director of development. (Ord. No. 96-60, § 1, 1-21-97) Sec. 7. Soil tests. Where the bearing capacity of soil is not definitely known, the director of development may require test or other adequate proof to establish permissible safe bearing capacity. Tests shall be 2B Boynton Beach Code Buildings, Housing and Construction Regulations 3 certified, signed and sealed by a Florida registered engineer, and shall be submitted with the building permit application. (Ord. No. 96-60, § 2, 1-21-97) Sec. 8. Building security code. A. Title. This section may be known and cited as ~The City of Boynton Beach Building Security Code" hereinafter referred to as the security code. B. Rules of construction. For the purposes of administration and enforcement of this section, unless otherwise stated in this section, the following rules of construction shall apply to the text: 1. In case of any difference of meaning or implication between the text of this section and any caption, illustration, summary table or illustrative table, the text shall control. 2. The word %hall" is always mandatory and not discretionary; the word ~may" is permissive. 3. Words used in the present tense shall include the future and words used in the singular number shall include the plural, and the plural singular, unless the context clearly indicates the contrary. 4. The phrase %sed for" includes ~arranged for", ~designed for", ~maintained for" or ~occupied for." 5. The word ~person" includes an individual, a corporation, a partnership, an incorporated association or any other similar legal entity. 6. Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions or events connected by the conjunction ~and", or %ither...or," the conjunction shall be interpreted as follows: a. ~And" indicates that all the connected terms, conditions, provisions or events may apply singly or in any combination. b. ~Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. c. ~Either... or" indicates that the connected items, conditions, provisions or events shall apply singly, but not in combination. 7. The word ~includes" shall limit a term to the specified example, but is intended to extend its meaning to all other instances or circumstances of like kind or character. C. Administration: 1. General. This code is remedial, and shall be construed to secure the beneficial interests and purposes thereof which are health, safety and general welfare through minimum building security standards established to make buildings less susceptible to unlawful entry and more secure for those persons using said buildings. Strict compliance does not guarantee immunity from criminal activity, and the city assumes no responsibility nor liability for any loss or damage relating to security. 2. Applicability. This code applies to the construction, alteration, repair, change of occupancy classification or relocation of every building or structure or any appurtenances connected or attached to such buildings or structures occupied for commercial or residential purposes. 3. Existing buildings. Provisions set forth herein for building security are recommended for all existing buildings but shall not be mandatory except as set forth in subsection C.2. 4. Federal and state authority. This code shall not be held to deprive any federal or state agency, or any applicable governing body having jurisdiction, of any power or authority which it held on the effective date of the adoption of this code, or any remedy then existing for the enforcement of its orders, nor shall it deprive any individual or corporation of its legal rights as provided by law. 1997 S-5 4 Boynton Beach Code 5. Maintenance. All buildings or structures, both existing and new, and all parts thereof shall be maintained in a safe and securable condition. All devices or safeguards, which are required by this code in buildings erected, altered or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings and structures. 6. Enforcing authority. It is hereby established that the City of Boynton Beach Department of Development, hereinafter known as "department," is charged with the enforcement of this code. The rights and limitations of the department are those stated in the currently adopted building code where not in conflict with the scope of this code. Any appeal from the provisions of this section shall be to the building board of appeals. D. Terms. The following words, terms and phrases shall have the meaning ascribed thereto: 1. Approved means approved by the development director or other authority having jurisdiction. 2. Bolt throw is the distance from the lock front surface to the farthest projected point on the bolt or latch at the center line when subjected to end pressure. 3. Burglar-resistant material means framed glass or glass-like materials that can withstand the impact of a five-pound steel ball dropped from a height of forty (40) feet and five (5) impacts from a height often (10) feet concentrated within a five-inch diameter area of the surface without release from frame. Tested in accordance with UL 72-1972. 4. Double-keyed dead bolt is a dead bolt lock actuated by a key from the inside and outside. 5. Louvers means a series of removable, fixed-slanted or movable slats. (Glass-louvered is descriptive of jalousies. Glass, wood or metal jalousies are considered to be louvers. Awning-type windows having sections more than twelve { 12} inches in depth are not considered to be louvers). 6. Multiple-point lock is a system of lever-operated bolts that engage a door opening, at least at the head and sill, operated by a single knob or handle from the inside and, optionally, by a cylinder- locked handle from the outside. 7. Opening is a section of wall into which a door or an operable window is installed. 8. Single-keyed dead bolt is a lock bolt which does not have a spring action. This bolt must be actuated by a key from the exterior and a knob or thumb mm from the interior and when projected becomes locked against return by end pressure. 9. Strike plate is a metal plate designed to receive and hold a projected bolt. E. Residential structures. 1. Scope. This section applies to openings in dwelling units and to openings between attached garages and dwelling units. 2. Exceptions: a. Openings where the smallest dimension is six (6) inches or less, provided that the closest edge of such opening is at least forty-two (42) inches from the locking device of the door or window assembly or is arranged to prevent reaching in and defeating the security device. This subsection should be read in conjunction with subsection 15 herein. b. Openings protected by required fire door assemblies having a fire endurance rating of not less than forty-five (45) minutes. c. An opening in an exterior wall when all portions of such openings are more than twelve (12) feet vertically or six (6) feet horizontally from an accessible surface of any adjoining yard, court, passageway, public way, walk, breezeway, patio, planter, porch or similar area. 3. Obstructing exits, general. Security methods shall not create a hazard to life by obstructing any means of egress or any opening which is classified as an emergency exiting facility. Security provisions shall not supersede the safety Buildings, Housing and Construction Regulations 5 requirements relative to latching or locking devices on exit doors which would be contrary to the provisions of the Standard Building Code and the Life Safety Code, N.F.P.A. 101. 4. Emergency escape or rescue windows. Bars, grills, grates or similar devices may be installed in, on or over emergency escape or rescue windows or doors as required by the Standard Building Code provided: a. Such devices are equipped with approved release mechanisms which are openable without the use of special tools, keys, special knowledge or effort; and b. The building is equipped with smoke detectors installed in accordance with applicable fire and building codes. 5. Entry vision. All main or front entry doors to dwelling units shall be arranged so that the occupant has a view of the area immediately outside the door without opening the door. Such view may be provided by a door viewer having a field of view not less than one hundred eighty (180) degrees. 6. Doors; swinging doors. All exterior swinging doors shall be equipped with a single-keyed dead bolt with a one-inch minimum throw. 7. Hinges. Hinges which are exposed to the exterior shall be equipped with nonremovable hinge pins or a mechanical interlock to prevent removal of the door from the exterior by removing the hinge pins. 8. Strike plate installation. In wood frame construction any open space between trimmers and wood door jambs shall be solidly shimmed by a single piece extending not less than six (6) inches above and below the strike plate. Strike plates shall be attached to wood with not less than two (2) No. 8, two-inch screws. Strike plates, when attached to metal, shall be attached with not less than two (2) No. 8 machine screws. All strike plates or doors in pairs shall be installed in accordance with manufacturers specifications. 9. Swinging double doors. The active leaf in pairs of swinging doors shall have locks as required for single swinging doors or be provided with multi-point locks which contain inserts, each with one-inch minimum throw bolts and a cylinder lock. The inactive leaf in pairs of swinging doors shall be provided with threshold and header bolts that penetrate a strike plate with a minimum five-eights- inch throw and half-inch minimum engagement. 10. Sliding doors. Sliding doors shall be equipped with a secondary locking device operable from the inside without the use of separate tools or key. 11. Jalousie louvered doors. Doors with jalousie or louvered panels shall have those panels protected by approved metal bars, security screens or grills. 12. Garage doors. Garage doors shall be equipped with a key operated exterior locking device. 13. Windows. Jalousie or louvered windows shall be protected by approved metal bars, security screens or grills. 14. Sliding windows. Sliding windows shall be equipped with a secondary locking device operable from the inside without the use of separate tools or key. 15. Fixed glazing/glazing set into doors. It is recommended that fixed glazing larger than six (6) inches in any direction located in a door, or within forty-two (42) inches of the door's locking device, be of burglar resistant material, having security screening, or other auxiliary security device. 16. Exterior identification/numbering. Single-family units shall have their address numerals displayed in a conspicuous manner, four-inch minimum size and of diverse color. Multi-family units shall be identified with four-inch minimum address numerals of diverse color at front and rear entrances. 17. Parking identification. Assigned parking spaces shall not be identified to coincide with room number, name or unit address. 6 Boynton Beach Code F. Commercial structures. The provisions of this subsection shall apply to openings into commercial structures. 1. Exceptions: a. Openings where the smallest dimension is six (6) inches or less, provided that the closest edge of such opening is at least forty-two (42) inches from the locking device of the door or window assembly or is arranged to prevent reaching in and defeating the security device. b. Openings protected by required fire door assemblies having a fire endurance rating of not less than forty-five (45) minutes. c. An opening in an exterior wall when all portions of such openings are more than twelve (12) feet vertically or six (6) feet horizontally from an accessible surface of any adjoining yard, court, passageway, public way, walk, breezeway, patio, planter, porch or similar area. d. Toilet rooms. 2. Obstructing exits, general. Security methods shall not create a hazard to life by obstructing any means of egress or any opening which is classified as emergency exiting facility. Security provisions shall not supersede the safety requirements relative to latching or locking devices on exit doors which would be contrary to the provisions of the Standard Building Code and the Life Safety Code, N.F.P.A. 101. 3. Entry vision. All entry doors shall be arranged so that the occupant has a view of the area immediately outside the door without opening the door. Such view may be provided by a door viewer having a field of view not less than one hundred eighty (180) degrees. 4. Doors; swinging doors. All swinging doors shall be equipped with a single-keyed dead bolt with a one-inch minimum throw; see N.F.P.A. 101 for exceptions. 5. Hinges. Hinges which are exposed to the exterior shall be equipped with non-removable hinge pins or a mechanical interlock to prevent removal of the door from the exterior by removing the hinge pins. 6. Strike plate installation. Door jambs shall be solidly shimmed, extending not less than six (6) inches above and below the strike plate(s). Door jambs and frames shall be installed in accordance with manufacturing specifications. Strike plates shall be attached to wood with not less than two (2) No. 8, two-inch screws. Strike plates, when attached to metal, shall be attached with not less than two (2) No. 8 machine screws. All strike plates of doors in pairs shall be installed as tested. 7. Swinging double doors. The active leaf in pairs of swinging doors shall have locks as required for single swinging doors or be provided with multiple-point locks which contain inserts, each with one-inch minimum throw bolts and a cylinder lock. The inactive leaf in pairs of swinging doors shall be provided with threshold and header bolts that penetrate a strike with a minimum of five-eights-inch throw and half-inch minimum engagement. 8. Sliding doors. Sliding doors shall be equipped with a secondary locking device operable from the inside without the use of separate tools or key. 9. Jalousie/louvered doors. Doors with jalousie or louvered panels shall have those panels protected by approved metal bars, security screens or grills. 10. Garage doors. Garage doors shall be equipped with a key operated exterior locking device or other device that, when activated, will resist unlawful entry. 11. Windows. Jalousie or louvered windows shall be protected by approved metal bars, security screens or grills. Sliding windows shall be equipped with a secondary locking device operable from the inside without the use of separate tools or key. 12. Fixed glazing/glazing set into doors. It is recommended that fixed glazing, larger than six (6) inches in any direction, located in a door, or within Buildings, Housing and Construction Regulations 7 forty-two (42) inches of the door's locking device, be of burglar resistant material, having security screening, or other auxiliary security devices. 13. Exterior identification/numbering. All active entry and rear entry doors shall be identified with six-inch lettering, numerals or combination, in a conspicuous manner and of diverse coloration. 14. Parking identification. Assigned parking spaces shall not be identified to coincide with room number, name or unit address. G. Construction sites. The provisions of this subsection shall apply to any sites proposed for construction that are required to obtain commission approval. 1. Security measures at a construction site are determined after a security survey is conducted using the following procedures: a. One (1) staging area, to store equipment and park machinery, must be fenced. b. The staging area must be visible from an accessible roadway to allow effective police patrol. c. Lighting must be provided to allow complete visibility to the area. d. Padlock all storage trailers and park within staging area. 2. Items that must be discussed during a security survey with the crime prevention bureau: a. The establishment and progressive evaluation of a security budget. property. The proper posting of the c. The proper storage and marking of machinery and tools. d. The methods of employee identification and active site security methods. 2000 S-14 ARTICLE II. ELECTRICAL CODE A. The National Electrical Code, 1999 Edition, together with the 1999 Boynton Beach Amendments thereto, are hereby adopted as the uniform electrical code of the city. Electrical permit fees shall be as provided in article I, Section 4 of this chapter. B. The amendments to the National Electrical Code, 1996 Edition, said amendments being attached to Ordinance No. 96-40, are hereby adopted and incorporated herein, and replaces Section 90-10, in the National Electrical Code, 1996 Edition. C. All construction regulation fees as referenced or described in this code are subject to amendment by resolution by the City Commission. Current fee schedules shall be maintained on file in the Office of the City Clerk and shall be available, without charge, to the public. (Ord. No. 96-40, §§ 1, 2, 4, 5, 9-4-96; Ord. No. 00- 45, § 1, 9-6-00) ARTICLE III. RESERVED ARTICLE IV. RESERVED ARTICLE V. ENERGY EFFICIENCY CODE The most current edition of the Florida Energy Efficiency Code for Building Construction is hereby established as part of the building code of the city, subject to such amendments, correction and additions as shall appear or are adopted pursuant to Section 553.901, Florida Statutes. ARTICLE VI. RESERVED ARTICLE VII. FLOOD DAMAGE PREVENTION Sec. 1. Generally. A. Statutory authorization. The Legislature of the State of Florida has in Chapter 166 of Florida 8 Boynton Beach Code Statutes delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the City Commission of Boynton Beach, Florida, does ordain as set out herein. B. Finding of fact. 1. The flood hazard areas of Boynton Beach, Florida, are subject to periodic inundation which results in loss of life and property; health and safety hazards; disruption of commerce and governmental services; extraordinary public expenditures for flood protection and relief; and impairment of the tax base; all of which adversely affect the public health, safety and general welfare. 2. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed or otherwise unprotected from flood damages. C. Purpose. It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of flood waters; 4. Control filling, grading, dredging and other development which may increase erosion or flood damage; and, 5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. D. Objectives. The objectives of this article are: 1. To protect human life and health; 2. To minimize expenditure of public money for costly flood-control projects; 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. To minimize prolonged business interruptions; 5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 6. To help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood-blight areas; and, 7. To insure that potential homebuyers are notified that property is in a flood area. E. Terms. Words or phrases used in this article shall have the meaning they have in common usage and to give this article its most reasonable application. Area of shallow flooding - a designated AO or VO zone on a community's flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Area of special flood hazard - land in the floodplain subject to a one (1) per cent or greater chance of flooding in any given year. 1996 S-4 Buildings, Housing and Construction Regulations 8A Baseflood - a flood having a one (1) per cent chance of being equaled or exceeded in any given year. Breakaway wall - a wall that is not part of the structural support of the building and is intended to collapse without causing damage to the elevated portion of the building or the foundation system. Coastal high hazard area - the area subject to high velocity waters caused by, but not limited to, hurricane wave wash or tsunamis. The area is designated in a FIRM as zone V1-30, VE or V. 1996 S-4 8B Boynton Beach Code Buildings, Housing and Construction Regulations 9 Flood orflooding - a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any source. Flood hazard boundary map (FHBM) - an official map of a community issued by the Federal Emergency Management Agency where the boundaries of the areas of special flood hazard have been defined. Flood insurance rate mai2 (FIRM) - an official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Flood insurance study - the official report provided by the Federal Emergency Management Agency which contains flood profiles, flood boundary-floodway map and water surface elevation of the base flood. Floodway - the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Functionally dependent facility - a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processing. The term does not include long-term storage, manufacture, sales or service facilities. Mangrove stand - an assemblage of trees which contain one or more of the following species: black mangrove, red mangrove, white mangrove and buttonwood. Mean sea level - the average elevation of the sea for all stages of the tide. The term is synonymous with national geodetic vertical datum (NGVD). National geodetic vertical datum (NGVD) - a vertical control used for establishing varying elevations within the floodplain. New construction - structures for which the "start of construction" commenced on or after the effective date of this article. Sand dunes - naturally occurring accumulations of sand in ridges or mounds landward of the beach. F. Application. This article applies to all areas of special flood hazard within the jurisdiction of Boynton Beach, Florida. Those areas are identified by the Federal Emergency Management Agency in its Flood Insurance Rate Map (FIRM) 120196 0001- 0005, dated September 30, 1982, and any revisions thereto are adopted by reference and declared to be a part of this article. G. Development permit. Required prior to the commencement of any development activities. H. Compliance. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this article and other applicable regulations. I. Abrogation and greater restrictions. This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. J. Interpretation. In the interpretation and application of this article all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under state statutes. K. Warning and disclaimer. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on 10 Boynton Beach Code scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of Boynton Beach, Florida, or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. L. Penalties for violation. Violation of the provisions of this article or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Boynton Beach from taking such other lawful action as is necessary to prevent or remedy any violation. Sec. 2. Administration. A. Administrator. The director of development is hereby appointed to administer and implement the provisions of this article. B. Duties and responsibilities of the administrator. Duties of the administrator or his designee shall include, but not be limited to: 1. Review all development permits to assure that the permit requirements of this article have been satisfied. 2. Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provided and maintained on file with the development permit. 3. Notify adjacent communities and the state department of community affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. 4. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. 5. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with paragraph C. 6. Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, in accordance with paragraph C. 7. In coastal high hazard areas, certification shall be obtained from a registered professional engineer or architect that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. 8. In coastal high hazard areas, the administrator shall obtain certification for the adequacy of breakaway walls in accordance with article VII, Section 3.B.5.h. 9. When floodproofing is utilized for a particular structure, the administrator shall obtain certification from a registered professional engineer or architect. 10. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article. 11. When base flood elevation data has not been provided in accordance with article VII, Section Buildings, Housing and Construction Regulations 11 1 .F, the administrator shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer the provisions of Section 3. 12. All records pertaining to the provisions of this article shall be maintained in the department of development and shall be open for public inspection. C. Permitting. Application for a permit shall be made to the development department prior to any development activities. Application shall include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question to be developed; existing or proposed structures; fill; storage of materials; drainage facilities/location. Specifically, the following information is required: 1. Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures. 2. Elevation in relation to mean sea level to which any non-residential structure will be floodproofed. 3. Certification by a Florida registered engineer or architect that the structure meets the floodproofing criteria in article VII, Section 3.B.2. 4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 5. A flood elevation or floodproofing certification after the lowest floor is completed, or in instances where the structure is subject to the regulations applicable to coastal high hazard areas, after placement of the horizontal structural members of the lowest floor. Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or floodproofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, the permit holder shall submit to the development department a certification of the elevation of the lowest floor, floodproofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer. When floodproofing is utilized, certification shall be prepared by or under the direct supervision of a professional engineer or architect. Any work done within the twenty-one-day calendar period and prior to submission of the certification shall be at the permit holder's risk. The development department shall review the flood elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to continuation of the work. Failure to submit the survey or failure to make said corrections, shall cause issuance of a stop-work order for the project. 6. A survey of mangrove trees on site. D. Variance procedures/appeals. 1. The building board of adjustment and appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the director of development in the enforcement or administration of this article. a. In passing upon such appeals, the building board of adjustment and appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this article, and: (1) The danger that materials may be swept onto other lands to the injury of others. (2) The danger to life and property due to flooding or erosion damage. (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (4) The importance of the services provided by the proposed facility to the community. (5) The necessity to the facility of a waterfront location, where applicable. (6) The availability of alternative 12 Boynton Beach Code locations, not subject to flooding or erosion damage, for the proposed use. (7) The compatibility of the proposed use with existing and anticipated development. (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area. (9) The safety of access to the property in times of flood for ordinary and emergency vehicles. (10) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site. (11) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. b. Upon consideration of the factors listed above and the purposes of this article, the building board of adjustment and appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article. c. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 2. The building board of adjustments and appeals shall hear and decide requests for variances from the requirements of this article. a. Conditions for variances: (1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. upon: Variances shall only be issued sufficient cause; (1) A showing of good and (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. c. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 3. Any person aggrieved by the decision of the building board of adjustment and appeals or any taxpayer may appeal such decision to the circuit court as provided in Florida law. 4. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section. 5. The director of development shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. Sec. 3. Provisions for Flood Hazard Reduction. A. In General. In all areas of special flood hazard the following provisions are required: Buildings, Housing and Construction Regulations 13 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. 2. Manufactured homes shall be anchored to prevent flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces. 3. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 4. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. 5. Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 6. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. 7. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. 8. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 9. Any alteration, repair, reconstruction or improvements to a structure which are in compliance with the provision of this article, shall meet the requirements of ~new construction" as contained in this article. B. Standards for areas of special flood hazard. In all areas of special flood hazard where base flood elevation data has been provided as set forth in Article VII the following provisions are required: 1. Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of article VII, Section 3.B.3. 2. Non-residential construction. New construction or substantial improvement of any commercial, industrial or other non-residential structure shall have the lowest floor, including basement, elevated to the level of the base flood elevation. Structures located in all A-zones may be floodproofed in lieu of being elevated provided that all areas of the structure below the required elevation are watertight and with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided as set forth in Article VII, Section 2.C.3. 3. Elevated buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. (a) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (1) Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding; (2) The bottom of all openings shall be no higher than one (1) foot above grade; and equipped (3) Openings may be 14 Boynton Beach Code with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. (b) Electrical, plumbing and other utility connections are prohibited below the base flood elevation; (c) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and (d) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. 4. Floodways. The following provisions shall apply to floodways within areas of special flood hazard established hereinbefore: (a) Prohibit encroachments including fill, new construction, substantial improvements, and other development unless certification (with supporting technical data) by a Florida registered engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. (b) If Paragraph B.4.a is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 3. (c) Prohibit the placement of any manufactured homes (mobile homes) except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards and elevation standards outlined hereinbefore are met. 5. Coastal high hazard area (V zones). Located within the areas of special flood hazard established herein are areas designated as coastal high hazard areas. These areas have special flood hazards associated with wave wash; therefore, the following provisions shall apply: (a) All buildings or structures shall be located landward of the reach of the mean high tide. (b) All buildings or structures shall be elevated so that the lowest supporting member (excluding pilings or columns) is located no lower than the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water. Open lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action. (c) All buildings or structures shall be securely anchored on pilings or columns. (d) All pilings and columns and the attached structures shall be anchored to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all building components. The anchoring and support system shall be designed with wind and water loading values which equal or exceed the hundred- year mean recurrence interval (one { 1 } percent annual chance flood). (e) A Florida registered engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in paragraph B.5.b, c and d. (f) No fill shall be used as structural support. Non-compacted fill may be used around the perimeter of a building for landscaping/aesthetic purposes provided the fill will wash out from storm surge, (thereby rendering the building free of obstruction) prior to generating excessive loading forces, ramping effects or wave deflection. The development department shall review design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect and/or soil scientist, which demonstrates that the following factors have been fully considered: (1) Particle composition of fill material does not have a tendency for excessive natural compaction; and Buildings, Housing and Construction Regulations 15 (2) Volume and distribution of fill will not cause wave deflection to adjacent properties; and (3) Slope of fill will not cause wave run-up or ramping. (g) There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage. (h) Lattice work or decorative screening shall be allowed below the base flood elevation provided they are not part of the structural support of the building and are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used and provided the following design specifications are met: zones). Located within the areas of special flood hazard established in Section 1 .F are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade. (2) All new construction and substantial improvements of non-residential structures shall: allowed; and (1) No solid walls shall be (2) Material shall consist of wood or mesh screening only. (i) If aesthetic lattice works or screening are utilized, such enclosed space shall not be used for human habitation. O) Prior to construction, plans for any structure that will have lattice work or decorative screening must be submitted to the development department for review. (k) Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring and elevation standards of this chapter are met. (1) Any alteration, repair, reconstruction or improvement to a structure shall not enclose the space below the lowest floor except for lattice work or decorative screening, as provided for in paragraph B.6.h and i. C. Standards for areas of shallow flooding (AO (a) Have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade, or (b) Be completely floodproofed to or above that level so that any space below that level has watertight walls substantially impermeable to the passage of water; structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and utility and sanitary facilities completely floodproofed. D. Standards for subdivision proposals. 1. All subdivision proposals shall be consistent with the need to minimize flood damage. 2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. 16 Boynton Beach Code 4. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contains more than fifty (50) lots or is larger than five (5) acres. E. Standards for small streams. Where small streams exist, but where no base flood data has been provided or where no floodways have been provided, the following provisions apply: 1. No encroachments, including fill material or structures, shall be located within a distance of the stream bank equal to five (5) times the width of the stream at the top of bank or twenty (20) feet on each side from top of bank, whichever is greater unless certification by a Florida registered engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. New construction or substantial improvements of structures shall be elevated or floodproofed in accordance with elevations established in accordance with Section 2.B. 11. ARTICLE VIII. HOUSING Sec. 1. Generally. A. Terms. Words or phrases used in this article shall have the meaning they have in common usage and to give this article its most reasonable application. Extermination - the control and elimination of insects, rodents or other pests by eliminating their harborage places by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination method. Garbage - animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. Infestation - the presence of insects, rodents or other pests. Occupant - Any person over one year of age living, sleeping, cooking or eating in or having actual possession of a dwelling unit. Parties in interest - all individuals, associations, partnerships, corporations and others who have interest in a dwelling or who are in possession or control thereof, as agent of the owner, as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Premises - a platted or unplatted lot or parcel of land either occupied or unoccupied by any structure. Public hall - any hall, corridor or passageway not within the exclusive control of one family. Rubbish - all combustible and noncombustible waste except garbage. Supplied facilities - facilities paid for, furnished or provided by, or under the control of, the owner or operator. Temporary housing - any trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utility system for more than thirty (30) days. Any trailer or other structure occupied for more than thirty (30) days shall meet all requirements of this article. Workmanlike state of maintenance and repair - in compliance with all codes and ordinances pertaining to construction of buildings and installation of utilities. B. Reserved. C. Purpose. The purpose of this article is to protect the public health, safety, morals and welfare of the people of the city by establishing minimum standards governing the conditions, occupancy and maintenance of dwellings, dwelling units and premises; establishing minimum standards governing utilities, supplied facilities and other physical components and conditions essential to make dwellings, dwelling units and premises safe, sanitary and fit for human habitation; fixing certain responsibilities and duties of owners, operators, Buildings, Housing and Construction Regulations 17 agents and occupants of dwellings, dwelling units and premises; and authorizing and establishing procedures for the inspection of dwelling units and premises and the condemnation and vacation of those dwellings, dwelling units and premises unfit for human habitation. D. Scope; applicability. Every portion of a building or premises used or intended to be used for any dwelling purpose, except temporary housing, shall comply with the provisions of this article, irrespective of when such building shall have been constructed, altered or repaired; and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises, for the construction or repair of building, or for the installation or repair of equipment or facilities prior to September 15, 1965. This article establishes minimum standards but does not replace, repeal or modify standards otherwise established for construction, replacement or repair of buildings or structures except such as are contrary to the provisions of this article, in which event the higher standard required shall prevail. E. Conflict with other ordinances. Where a provision of this article is found to be in conflict with a provision of any zoning, building, electrical, plumbing, fire, safety or health ordinance or any code or other regulation of the city, the provision which establishes the highest standard shall prevail. F. Conflict of permits and licenses. All departments, officials and employees of the city who have the duty or the authority to issue permits or licenses in regard to the construction, installation, repair, use or occupancy of dwellings and dwelling units shall conform to the provisions of this article. No permit or license shall be issued if such would be in conflict with this article except as provided in article VIII, Section 1.E. G. Unfit dwelling units. 1. Eligibility. Any dwelling or dwelling unit having the following defects, may be designated by the development department as unfit for human habitation: (a) The structure lacks illumination, ventilation, sanitation, heat, inadequate or unsafe wiring or other facilities adequate to protect the health and safety of the occupants or the public. (b) The structure is damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested in such manner as to create a serious hazard to the health and safety of the occupants or the public. (c) The structure, because of the location, general condition, state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public. (d) The structure, because of the failure of the owner or occupant to comply with such notices or orders issued pursuant to this article, is unfit for human habitation. 2. Corrective action. The owner, agent or operator of any dwelling which has been designated as unfit for human habitation and vacated, shall make such dwelling safe and secure in whatever manner the development department shall deem necessary in order to meet the standards set forth herein. Any vacant building open at the doors and windows, if unguarded, shall be deemed dangerous to human life and a nuisance within the meaning of this provision. H. Occupant responsibilities. The responsibilities of the occupants of all dwelling units are as follows: 1. To keep dwelling and premises he controls and occupies in a clean and sanitary condition. 2. To dispose of rubbish and garbage in a clean and sanitary manner as prescribed by city ordinances or regulations. 3. To hang and remove screens provided by the owner except where owner has agreed to supply such services. 4. To keep plumbing fixtures therein in a clean and sanitary condition and to exercise 18 Boynton Beach Code reasonable care in the proper use and operation thereof. 5. To exterminate in the following cases: (a) Occupant of a single dwelling is responsible for extermination of any insects, rodents or other pests therein or on premises. (b) Occupant of a dwelling unit in a multiple unit structure is responsible for extermination of any insects, rodents or other pests, if his unit is the only unit infested. (c) Notwithstanding the foregoing provisions of this section, whenever infestation is caused by the failure of the owner to maintain the dwelling in a ratproof or reasonably insect proof condition, the occupant is not responsible for extermination of any insects, rodents or other pests therein. I. Owner responsibilities. The responsibilities of the owners of all dwelling units are as follows: 1. To rent or lease no dwelling to anyone for occupancy unless it meets minimum standards set forth herein. 2. To have dwelling in clean, sanitary, habitable condition; to free from infestation before renting; to paint walls and ceilings; and to clean, repair and exterminate if needed to meet aforesaid requirements before offering for rent. 3. To provide screens to be hung. 4. To exterminate in the following cases: (a) When infestation exists in two (2) or more units or multiple unit structures. (b) When infestation exists in shared or public areas of multiple unit structure. (c) When infestation exists in single unit of multiple unit structure or in single unit structure when infestation is due to failure of the owner to maintain the dwelling in a ratproof and reasonably insect proof condition. Sec. 2. Minimum Standards. A. General condition of structures. 1. All dwelling structures shall be watertight, weatherproof, rodent and insect proof and in good repair. 2. Every foundation, exterior wall and roof shall be reasonably watertight, weathertight and rodent proof, shall adequately support the building at all times and shall be in a workmanlike state of maintenance and repair. 3. Every interior partition, wall, floor and ceiling shall be reasonably tight; capable of affording privacy; maintained in a workmanlike state of repair; and in a clean and sanitary condition. 4. Every roof shall be so drained and every lot shall be graded and drained so as to prevent dampness in the walls, ceiling, floors or basement of every dwelling. 5. Every window, exterior door and basement hatchway shall be reasonably weathertight, watertight and rodent proof, and shall be maintained in a sound condition and repair. 6. Every inside and outside stairway, every porch and every appurtenance thereto shall be safe to use; capable of supporting the load that normal use may cause; and maintained in sound condition and repair. 7. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in a sanitary working condition, free from defect, leaks and obstruction. 8. Every toilet, bathroom and kitchen floor shall be constructed and maintained so as to be reasonably impervious to water and shall be kept in a clean and sanitary condition. 9. Every facility, piece of equipment and/or utility shall be constructed and installed so that it will function safely and effectively, and shall be maintained in good working condition. Buildings, Housing and Construction Regulations 19 B. Lighting. 1. Electric outlets. Every habitable room shall have adequate electric outlets and/or fixtures properly connected to an adequate source of electric power. 2. Light fixtures. Every bathroom, shower room, toilet room, laundry room, furnace room and public hall located in a structure used for human habitation shall have permanent electric fixtures, installed in accordance with the requirements of the electrical code of the city. 3. Natural light in habitable rooms. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area for every habitable room shall not be less than ten percent (10%) of the floor area of such room. If the only window is the skylight type, the minimum total window area shall not be less than fifteen percent (15%) of the total floor area of such room except where other means of artificial lighting are approved. 4. Light in non-habitable space. Every public stair, hall, cellar and basement, located in a structure used for human habitation, shall have either adequate natural or artificial lighting available at all times. The natural or artificial lighting available shall not be less than three (3) foot candles measured in the darkest portions of normally traveled passageways and stairs at the floor. C. Ventilation. Every bathroom, shower room or toilet room shall be adequately ventilated either by openable windows, the total of which shall not be less than one and one-half (1-1/2) square feet facing open space or by other methods giving equivalent ventilation. D. Weatherproofing, heating. Every habitable dwelling unit shall be weatherproof and in a condition to be adequately heated. E. Basic equipment and facilities. 1. Potable water supply. Every habitable dwelling unit shall be supplied with potable water approved by the Palm Beach County Health Department. 2. Plumbing fixtures. In every habitable dwelling unit all plumbing fixtures shall be properly installed; properly connected in accordance with the city plumbing code to the water supply and sewer system; properly maintained; and in good working order. 3. Supplied facilities. Every habitable dwelling unit shall contain a sink, tub or shower, lavatory and toilet. F. Space requirements. 1. Sleeping rooms. Every sleeping room for one occupant shall have seventy (70) square feet of floor space or fifty (50) square feet of floor space per occupant, whichever is greater. 2. Size of dwelling unit. The total of all habitable rooms in a dwelling unit shall be such as to provide at lease one hundred and fifty (150) square feet of floor space for the first occupant and one hundred (100) square feet of floor space per additional occupant, except every dwelling unit shall contain a greater area if required by the city building or zoning code. 3. Minimum height of habitable rooms. Every habitable room shall be not less than seven (7) feet in height from the floor to the ceiling throughout one-half of the area of such room. Any portion of room having a ceiling height of less than five (5) feet shall not be considered in computing the total floor area for such room. G. Egress. Every habitable dwelling unit shall be provided with safe and unobstructed exits to reduce danger in case of emergency. H. Infestation. 1. Every door, window or other device opening directly from a dwelling unit to outdoor space shall be equipped with screens. 2. Every basement or cellar window or other opening to a basement shall be permanently 20 Boynton Beach Code equipped with screens or such other device as will effectively prevent the entrance of rodents. 3. There shall be no standing pools of water which might provide a breeding place for mosquitoes. 4. Dwellings should be free from rodents and other vermin at all times. Sec. 3. Local Housing Assistance Program. A. The "WHEREAS" clauses of Ordinance No. 097-11 are hereby ratified and confirmed as being true and correct and are hereby made a special part of this section. B. Definitions. For the purposes of this section, the definitions contained in the State Housing Initiatives Partnership Act hereinafter "the Act," Sections 420.907 et seq., Florida Statutes, and Chapter 91-37 of the Florida Administrative Code, as amended from time to time, are adopted herein by reference. C. Legislative intent. The purpose of this chapter is to implement the Act; including, without the limitation, the following: 1. To increase the availability of affordable housing by combining local resources and cost saving measures, as applicable, and by using private and public resources to reduce the cost of housing; 2. To promote more compact urban development, and to assist in achieving the growth management goals contained in the adopted local comprehensive plan by allowing more efficient use of land so as to provide housing units that are more affordable; 3. To establish a strong sense of community through increased social and economic integration; 4. To build the organizational and technical capacity of community-based organizations 1997 S-6 so as to optimize the role of community-based organizations in the production of affordable housing; 5. To promote innovative design of eligible housing, and its supporting infrastructure, to provide for cost savings in the provision of such housing; and 6. To promote expedited permit processing systems for affordable housing. D. Establishment of Local Housing Assistance Program. 1. There is hereby created and established a local housing assistance program ("Program") by the City of Boynton Beach, to be implemented and administered by the City. 2. The City shall implement the Program, within the City, consistently with the requirements of the Act. 3. The City's Community Redevelopment Department shall be responsible for administration of the local assistance program. E. Special provisions. The City hereby indicates that five (5%) percent of the funding to be used for administration of the program is insufficient, and therefore elects to utilize ten (10%) percent of the funding for administration purposes. F. Establishment of Affordable Housing Assistance Trust Fund. 1. Pursuant to the requirements of the Act, the City agrees to establish an affordable housing trust fund ("Fund") within the official and fiscal accounting records of the City. All monies deposited in the fund shall be subject to the requirements of the Act and this section. 2. The City shall cause the Fund to be audited, and shall report the results of such audit as required by the Act. G. Creation of Citizens Advisory Committee. This section shall cause the creation of a Citizens Advisory Committee to act in the role of the Buildings, Housing and Construction Regulations 21 Affordable Housing Advisory Committee, as required by the Act. The composition and function of the Committee shall be in accordance with the requirements of the Act. H. Adoption of the Affordable Housing Incentive Plan. The City will, within one (1) year of adoption of Ordinance No. 97-11, adopt a Housing Incentive Plan as required by Florida Statutes. (Ord. No. 97-11, §§ 1-8, 5-6-97; Ord. No. 97-21, § 1, 6-17-97) ARTICLE X. RESERVED ARTICLE XI. RESERVED ARTICLE XII. RESERVED ARTICLE XIII. HISTORIC PRESERVATION ARTICLE IX. SWIMMING POOLS AND SPAS The swimming pool and spa code establishing basic criteria for the design and construction of swimming pools and spas within the city was adopted and established as the swimming pool and spa regulations of the city on September 4, 1996, and is on file as Ordinance No. 96-39 in the office of the city clerk and the office of the director of development. (Ord. No. 96-39, § 1, 9-4-96; Ord. No. 96-60, § 3, 1- 21-97) Sec. 1. Generally. It is the intent of the city to encourage the preservation of historically significant buildings within its corporate limits. All historic buildings other than single family and duplex dwellings shall be reviewed for historical significance in all development and construction proposals presented to the city. 1997 S-6 Preservation of such buildings will be required unless it can be established by the applicant that preservation significantly interferes with the reasonable use of the property. (Ord. No. 96-60, § 4, 1-21-97) Sec. 2. Waiver of technical requirements. The provisions of the technical codes relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as Historic Buildings when such buildings or structures are judged by the director of development to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings within fire districts. (Ord. No. 96-60, § 2, 1-21-97) Sec. 3. Design conformance. Additions and/or modifications to historical buildings shall conform to the architectural style of the original building. (Ord. No. 96-60, § 2, 1-21-97) 22 Boynton Beach Code