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08-031 II I 1 ORDINANCE NO. 08- 03 I 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING THE 5 CITY OF BOYNTON BEACH CODE OF ORDINANCES BY 6 AMENDING PART II, CHAPTER 10, "REFUSE, AND 7 ABANDONED PROPERTY" BY ENACTING A NEW 8 ARTICLE IV, "PROPERTY MAINTENANCE 9 REQUIREMENTS" TO PROVIDE FOR STANDARDS FOR 10 THE MAINTENANCE OF RESIDENTIAL AND NON- 11 RESIDENTIAL PROPERTIES WITHIN THE CITY; 12 REPEALING CITY OF BOYNTON BEACH CODE OF 13 ORDINANCES PART III, CHAPTER 20, ARTICLE I, 14 SECTION 8, "BUILDING SECURITY CODE; ARTICLE II, 15 "ELECTRICAL CODE", ARTICLE V, "ENERGY 16 EFFICIENCY CODE", ARTICLE VIII, "HOUSING", 17 SECTION 1, "GENERALLY", SECTION 2, "MINIMUM 18 STANDARDS", AND ARTICLE IX, "SWIMMING POOLS 19 AND SP AS"; PROVIDING FOR CONFLICTS, 20 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 21 DATE. 22 23 WHEREAS, the City Commission desires to amend the City's Property Maintenance 24 Code in order to provide a mechanism for the continued enforcement of property maintenance 25 standards throughout the City; and 26 WHEREAS, the application of specific property maintenance standards will allow the 27 City to insure that residential and commercial structures are maintained in a safe, sanitary, and 28 structurally sound manner; and 29 WHEREAS, the adoption of a new property maintenance code will be in the best interest 30 of the health, safety, and welfare of the residents, citizens, and business within the City of 31 Boynton Beach. 32 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 33 CITY OF BOYNTON BEACH, FLORIDA, THAT: 1 , I I 1 I I Section 1. The foregoing whereas clauses are true and correct and are now ratified and 2 confirmed by the City Commission. 3 Section 2. That the following provisions of the City of Boynton Beach Code of 4 Ordinances are hereby repealed in their entirety: Part III, "Land Development Regulations", Chapter 5 20, Article I, Section 8, "Building Security Code; Article II, "Electrical Code", Article V, "Energy 6 Efficiency Code", Article VIII, "Housing", Section 1, "Generally", Section 2, "Minimum 7 Standards", and Article IX, "Swimming Pools and Spas", and shall be of no further force or effect. 8 Section 3. That Part II, Chapter 1 0, "Refuse and Abandoned Property", of the City of 9 Boynton Beach Code of Ordinances is hereby amended by enacting a new Article IV, "Property 10 Maintenance Requirements", to read as follows: 11 I Chapter 10. Refuse, Abandoned Property, and Property Maintenance ReQuirements 12 * * * 13 ARTICLE IV. PROPERTY MAINTENANCE REQUIREMENTS 14 Sec. 10-54. Rules. 15 Unless otherwise expressly stated, the following terms shall, for the purposes of 16 this code have the meanings shown in this section. 17 (1) Interchangeability. Words stated in the present tense include the future; 18 words stated in the masculine gender include the feminine and neuter; the 19 singular number includes the plural and the plural, the singular. 20 (2) Terms not defined. Where terms are not defined through the methods 21 authorized by this section, such terms shall have ordinarily accepted 22 meanings such as the context implies. 23 (3) Parts. Whenever the words "dwelling unit," "dwelling," "premises," 24 "building," "rooming house," "rooming unit" "housekeeping unit" or 25 "story" are stated in this code, they shall be construed as though they were 26 followed by the words "or any part thereof." 27 Sec. 10-55. Definitions. 28 As used in this article: 29 Approved: Approved by the City Manager or designee. 2 , , I 1 i i Basement: That portion of a building which is partly or completely below grade. 2 I Bathroom: A room containing plumbing fixtures including a bathtub or shower. 3 Bedroom: Any room or space used or intended to be used for sleeping purposes in 4 either a dwelling or sleeping unit. 5 Condemn: To adiudge unfit for occupancy. 6 Dwelling Unit: A single unit providing complete, independent living facilities for 7 one or more persons, including permanent provisions for living, sleeping, eating, cooking, 8 and sanitation. 9 Easement: That portion ofland or property reserved for present or future use by a 10 person or agency other than the legal fee owner( s) of the property. The easement shall be 11 permitted to be for use under, on, or above a said lot or lots. 12 Exterior Propertv: The open space of the premises and on adjoining property 13 under the control of owners or operators of such premises. 14 Extermination: The control and elimination of insects, rats or other pests by 15 eliminating their harborage places; by removing or making inaccessible materials that 16 serves as their food; by poison spraying, fumigating, and trapping or by any other 17 approved pest elimination methods. 18 Garbage: The animal or vegetable waste resulting from the handling, preparation, 19 cooking, and consumption of food. 20 Guard: A building component or a system of building components located at or 21 near the open sides of elevated walking surfaces that minimizes the possibility of a fall 22 from the walking surface to a lower level. 23 Habitable Space: Space in a structure for living, sleeping, eating, or cooking. 24 Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not 25 considered habitable spaces. 26 Housekeeping Unit: A room or group of rooms forming a single habitable space 27 equipped and intended to be used for living, sleeping, cooking, and eating which does not 28 contain, within such a unit, a toilet, lavatory and bathtub or shower. 29 Imminent DanJ!er: A condition which could cause serious or life-threatening 30 iniury or death at any time. 31 Infestation: The presence, within or contiguous to, a structure or premises of 32 insects, rats, vermin or other pests. 33 Inoperable Motor Vehicle: A vehicle which cannot be driven upon the public 34 streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a 35 state of disrepair, or incapable of being moved under its own power. 3 , I I 1 Labeled: Devices, equipment, appliances, or materials to which has been affixed a 2 label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, 3 inspection agency or other organization concerned with product evaluation that maintains 4 periodic inspection of the production of the above-labeled items and by whose label the 5 manufacturer attests to compliance with applicable nationally recognized standards. 6 Let for Occupancv or Let: To permit, provide, or offer possession or occupancy of 7 a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is 8 or is not the legal owner of record thereof, pursuant to a written or unwritten lease, 9 agreement or license, or pursuant to a recorded or unrecorded agreement of contract for 10 the sale of land. 11 Occupancv: The purpose for which a building or portion thereof is utilized or 12 occupied. 13 Occupant: Any individual living or sleeping in a building, or having possession of 14 a space within a building. 15 Openable Area: That part of a window, skylight or door which is available for 16 unobstructed ventilation and which opens directly to the outdoors. 17 Operator: Any person who has charge, care, or control of a structure or premises 18 which is let or offered for occupancy. 19 Owner: Any person, agent, operator, firm or corporation having a legal or 20 equitable interest in the property; or recorded in the official records of the state, county or 21 municipality as holding title to the property; or otherwise having control of the property, 22 including the guardian of the estate of any such person, and the executor or administrator 23 of the estate of such person if ordered to take possession of real property by a court. 24 Person: An individual, corporation, partnership or any other group acting as a 25 unit. 26 Premises: A lot, plot, or parcel ofland, easement, or public way, including any 27 structures thereon. 28 Public Wav: Any street, alley, or similar parcel of land essentially unobstructed 29 from the ground to the sky, which is deeded, dedicated, or otherwise permanently 30 appropriated to the public for public use. 31 Rooming House: A building arranged or occupied for lodging, with or without 32 meals, for compensation and not occupied as a one- or two-family dwelling. 33 RoominJ! Unit: Any room or group of rooms forming a single habitable unit 34 occupied or intended to be occupied for sleeping or living, but not for cooking purposes. 35 Rubbish: Combustible and noncombustible waste materials, except garbage. The 36 term shall include the residue from the burning of wood, coal, coke and other combustible 37 materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard 4 . . I 1 II trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar 2 materials. 3 SleepinJ! Unit: A room or space in which people sleep, which can also include 4 permanent provisions for living, eating and either sanitation or kitchen facilities, but not 5 both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. 6 Structure: That which is built or constructed or a portion thereof. 7 Tenant: A person, corporation, partnership or group, whether or not the legal 8 owner of record, occupying a building or portion thereof as a unit. 9 Toilet Room: A room containing a water closet or urinal but not a bathtub or 10 shower. 11 Ventilation: The natural or mechanical process of supplying conditioned or 12 unconditioned air to, or removing such air from, any space. 13 Workmanlike: Executed in a skilled manner; e.g., generally plumb, level, square, 14 in line, undamaged and without marring adiacent work. 15 Yard: An open space on the same lot with a structure. 16 Sec. 10-56. General reQuirements. 17 (a) General. 18 (1) Applicability. The provisions of this section shall govern the minimum 19 conditions and the responsibilities of persons for maintenance of structures, 20 equipment and exterior property located within the City. 21 (2) Responsibility. The owner of the premises shall maintain the structures 22 and exterior property in compliance with these requirements. A person shall not 23 occuPy as owner-occupant or permit another person to occuPy premises which are 24 not in a sanitary and safe condition and which do not comply with the 25 requirements of this section. Occupants of a dwelling unit, rooming unit or 26 housekeeping unit are responsible for keeping in a clean, sanitary and safe 27 condition that part of the dwelling unit, rooming unit, housekeeping unit or 28 premises, which they occupy and control. 29 (3) Vacant structures and land. All vacant structures and premises thereof or 30 vacant land shall be maintained in a clean, safe, secure and sanitary condition as 31 provided herein so as not to cause a blighting problem or adversely affect the 32 public health or safety. 33 (b) Exterior property areas. 34 (1) Sanitation. All exterior property and premises shall be maintained in a 35 clean, safe, and sanitary condition. The occupant shall keep that part of the 36 exterior property, which such occupant occupies or controls in a clean and sanitary 37 condition. 5 " I 1 (2) Grading and drainage. All premises shall be graded and maintained to 2 prevent the erosion of soil and to prevent the accumulation of stagnant water 3 thereon. 4 Exception: Approved retention areas and reservoirs, or within any 5 structure located thereon. 6 (3) Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, 7 parking spaces, and similar areas shall be kept in a proper state of repair, and 8 maintained free from hazardous conditions. 9 (4) Weeds. All premises and exterior property shall be maintained free from 10 weeds or plant growth in excess of twelve inches (12"). All noxious weeds shall 11 be prohibited. Weeds shall be defined as all grasses, plants, and vegetation, other 12 than trees or shrubs provided; however, this term shall not include cultivated 13 flowers, gardens, and yards certified by the Florida Yards and Neighborhoods 14 program. 15 (5) Rodent harborage. All structures and exterior property shall be kept free 16 from rodent harborage and infestation. Where rodents are found, they shall be 17 promptly exterminated by approved processes which will not be iniurious to 18 human health. After extermination, proper precautions shall be taken to eliminate 19 rodent harborage and prevent re-infestation. 20 (6) Exhaust vents. Pipes, ducts, conductors, fans, or blowers shall not 21 discharge gases, steam, vapor, hot air, grease, smoke, odors, or other gaseous or 22 particulate wastes directly upon abutting or adiacent public or private property or 23 that of another tenant. 24 (7) Accessory structures. All accessory structures, including detached 25 garages, fences and walls, shall be maintained structurally sound and in good 26 repaIr . 27 (8) Defacement of property. No person shall willfully or wantonly damage, 28 mutilate or deface any exterior surface of any structure or building on any private 29 or public property by placing thereon any marking, carving or graffiti. It shall be 30 the responsibility of the owner to restore said surface to an approved state of 31 maintenance and repair. 32 (c) Swimming pools. spas. and hot tubs. 33 (1) Swimming pools. Swimming pools shall be maintained in a clean and 34 sanitary condition, and in good repair. 35 (2) Enclosures. Private swimming pools, hot tubs, and spas, containing water 36 more than 24 inches (610 mm) in depth shall be completely surrounded by a fence 37 or barrier at least 48 inches ( 1219 mm) in height above the finished ground level 38 measured on the side of the barrier away from the pool. Gates and doors in such 39 barriers shall be self-closing and self-latching. Where the self-latching device is 40 less than 54 inches (1372 mm) above the bottom of the gate, the release 6 . , I 1 mechanism shall be located on the poolside of the gate. Self-closing and self- 2 latching gates shall be maintained such that the gate will positively close and latch 3 when released from an open position of6 inches (152 mm) from the gatepost. No 4 existing pool enclosure shall be removed, replaced, or changed in a manner that 5 reduces its effectiveness as a safety barrier. 6 Exception: Spas or hot tubs with a safety cover that complies with 7 ASTM F 1346 shall be exempt from the provisions of this section. 8 (d) Exterior structure. 9 (1) General. The exterior of a structure shall be maintained in good repair, 10 structurally sound and sanitary so as not to pose a threat to the public health, 11 safety, or welfare. 12 (2) Protective treatment. All exterior surfaces, including but not limited to, 13 doors, door and window frames, cornices, porches, trim, balconies, decks and 14 fences shall be maintained in good condition. Exterior wood surfaces, other than 15 decay resistant woods, shall be protected from the elements and decay by painting 16 or other protective covering or treatment. Peeling, flaking and chipped paint shall 17 be eliminated and surfaces repainted. All siding and masonry ioints as well as 18 those between the building envelope and the perimeter of windows, doors, and 19 skylights shall be maintained weather resistant and watertight. All metal surfaces 20 subiect to rust or corrosion shall be coated to inhibit such rust and corrosion and 21 all surfaces with rust or corrosion shall be stabilized and coated to inhibit future 22 rust and corrosion. Oxidation stains shall be removed from exterior surfaces. 23 Surfaces designed for stabilization by oxidation are exempt from this requirement. 24 (3) Premises identification. Buildings shall have approved address numbers 25 placed in a position to be plainly legible and visible from the street or road 26 fronting the property. These numbers shall contrast with their background. 27 Address numbers shall be Arabic numerals or alphabet letters. Numbers shall 28 have a minimum stroke width of 0.5 inch (12.7 mm) and shall be a minimum of4 29 inches ( 1 02 mm) high for single family units, 4 inches ( 1 02 mm) high at front and 30 rear entrances for multi-family units, and 6 inches (153 mm) for commercial units. 31 (4) Structural members. All structural members shall be maintained free from 32 deterioration, and shall be capable of safely supporting the imposed dead and live 33 loads. 34 (5) Foundation walls. All foundation walls shall be maintained plumb and 35 free from open cracks and breaks and shall be kept in such condition so as to 36 prevent the entry of rodents and other pests. 37 (6) Exterior walls. All exterior walls shall be free from holes, breaks, and 38 loose or rotting materials, and maintained weatherproof and properly surface 39 coated where required to prevent deterioration. 7 , , I 1 (7) Roofs and drainage. The roof and flashing shall be sound, tight and not 2 have defects that admit rain. Roof drainage shall be adequate to prevent dampness 3 or deterioration in the walls or interior portion of the structure. Roof drains, 4 gutters, and downspouts shall be maintained in good repair and free from 5 obstructions. Roofwater shall not be discharged in a manner that creates a public 6 nUisance. 7 (8) Decorative features. All cornices, belt courses, corbels, terra cotta trim, 8 wall facings, and similar decorative features shall be maintained in good repair 9 with proper anchorage and in a safe condition. 10 (9) Overhang extensions. All overhang extensions including, but not limited 11 to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust 12 ducts shall be maintained in good repair and be properly anchored so as to be kept 13 in a sound condition. When required, all exposed surfaces of metal or wood shall 14 be protected from the elements and against decay or rust by periodic application of 15 weather-coating materials, such as paint or similar surface treatment. 16 (10) Stairways, decks, porches and balconies. Every exterior stairway, deck, 17 porch and balcony, and all appearances attached thereto, shall be maintained 18 structurally sound, in good repair, with proper anchorage and capable of 19 supporting the imposed loads. 20 (11) Chimneys and towers. All chimneys, cooling towers, smoke stacks, and 21 similar appurtenances shall be maintained structurally safe and sound, and in good 22 repaIr . All exposed surfaces of metal or wood shall be protected from the 23 elements and against decay or rust by periodic application of weather coating 24 materials, such as paint or similar surface treatment. 25 (12) Handrails and guards. Every handrail and guard shall be firmly fastened 26 and capable of supporting normally imposed loads and shall be maintained in 27 good condition. 28 (13) Window, skylight and door frames. Every window, skylight, door, and 29 frame shall be kept in sound condition, good repair, and weather tight. 30 a. Glazing. All glazing materials shall be maintained free from cracks 31 and holes. 32 b. Openable windows. Every window, other than a fixed window, 33 shall be easily openable and capable of being held in position by window 34 hardware. 35 (14) Insect screens. Every door, window and other outside opening required for 36 ventilation of habitable rooms, food preparation areas, food service areas or any 37 areas where products to be included or utilized in food for human consumption are 38 processed, manufactured, packaged or stored shall be supplied with approved 39 tightly fitting screens of not less than 16 mesh per inch ( 16 mesh per 25 mm ), and 8 , , I 1 every screen door used for insect control shall have a self-closing device in good 2 working condition. 3 Exception: Screens shall not be required where other approved 4 means, such as air curtains or insect repellent fans, are employed. 5 OS) Doors. All exterior doors, door assemblies, and hardware shall be 6 maintained in good condition. Locks at all entrances to dwelling units and 7 sleeping units shall tightly secure the door. Locks on means of egress doors shall 8 be in accordance with Section 10-60(b)(3). 9 (6) Basement and crawl space hatchways. Every basement hatchway shall be 10 maintained to prevent the entrance of rodents, rain, and surface drainage water. 11 (7) Guards for basement and crawl space windows and vents. Every basement 12 window that is openable shall be supplied with rodent shields, storm windows or 13 other approved protection against the entry of rodents. 14 (8) Building security. Doors, windows, or hatchways for dwelling units, room 15 units, or housekeeping units shall be provided with devices designed to provide 16 security for the occupants and property within. 17 a. Doors. Doors providing access to a dwelling unit, rooming unit, or 18 housekeeping unit that is rented, leased, or let shall be equipped with a 19 deadbolt lock designed to be readily openable from the side from which 20 egress is to be made without the need for keys, special knowledge, or 21 effort and shall have a lock throw of not less than 1 inch (25 mm). Such 22 deadbolt locks shall be installed according to the manufacturer's 23 specifications and maintained in good working order. For the purpose of 24 this section, a sliding bolt shall not be considered an acceptable deadbolt 25 lock. 26 b. Windows. Operable windows located in whole or in part within 6 27 feet 0828 mm) above ground level or a walking surface below that 28 provide access to a dwelling unit, rooming unit or housekeeping unit that 29 is rented. leased or let shall be equipped with a window sash locking 30 device. 31 (e) Interior structure. 32 0) General. The interior of a structure and equipment therein shall be 33 maintained in good repair, structurally sound, and in a sanitary condition. 34 Occupants shall keep that part of the structure which they occupy or control in a 35 clean and sanitary condition. Every owner of a structure containing a rooming 36 house, housekeeping unit, a hotel, a dormitory, two or more dwelling units or two 37 or more nonresidential occupancies, shall maintain, in a clean and sanitary 38 condition, the shared or public areas of the structure and exterior property. 39 (2) Structural members. All structural members shall be maintained 40 structurally sound, and be capable of supporting the imposed loads. 9 . . I 1 (3) Interior surfaces. All interior surfaces, including windows and doors, shall 2 be maintained in good, clean, and sanitary condition. Peeling, chipping, flaking, 3 or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, 4 decayed wood, and other defective surface conditions shall be corrected. 5 (4) Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, 6 deck, or other walking surface shall be maintained in sound condition and good 7 repaIr. 8 (5) Handrails and guards. Every handrail and guard shall be firmly fastened 9 and capable of supporting normally imposed loads and shall be maintained in 10 good condition. 11 (6) Interior doors. Every interior door shall fit reasonably well within its 12 frame and shall be capable of being opened and closed by being properly and 13 securely attached to iambs, headers, or tracks as intended by the manufacturer of 14 the attachment hardware. 15 (f) Handrails and J!uardrails. 16 0) General. Every exterior and interior flight of stairs having more than four 17 risers shall have a handrail on one side of the stair and every open portion of a 18 stair, landing, balcony, porch, deck, ramp or other walking surface which is more 19 than 30 inches (762 mm) above the floor or grade below shall have guards. 20 Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches 21 0067 mm) high measured vertically above the nosing of the tread or above the 22 finished floor of the landing or walking surfaces. Guards shall not be less than 30 23 inches (762 mm) high above the floor of the landing, balcony, porch, deck, or 24 ramp or other walking surface. 25 Exception: Guards shall not be required where exempted by the Florida 26 Building code. 27 (g) Rubbish and garbage. 28 0) Accumulation of rubbish or garbage. All exterior property and premises, 29 and the interior of every structure, shall be free from any accumulation of rubbish 30 or garbage. 31 (2) Disposal of rubbish. Every occupant of a structure shall dispose of all 32 rubbish in a clean and sanitary manner by placing such rubbish in approved 33 containers. 34 a. Refrigerators. Refrigerators and similar equipment not in 35 operation shall not be discarded, abandoned, or stored on premises without 36 first removing the doors. 37 (3) Disposal of garbage. Every occupant of a structure shall dispose of 38 garbage in a clean and sanitary manner by placing such garbage in an approved 39 garbage disposal facility or approved garbage containers. 10 I i I 1 a. Garbage facilities. The owner of every dwelling shall supply one 2 of the following: an approved mechanical food waste grinder in each 3 dwelling unit; an approved incinerator unit in the structure available to the 4 occupants in each dwelling unit; or an approved leak-proof, covered, 5 outside garbage container. 6 b. Containers. The operator of every establishment producing 7 garbage shall provide, and at all times cause to be utilized, approved leak- 8 proof containers provided with close- fitting covers for the storage of such 9 materials until removed from the premises for disposal. 10 (h) Extermination. 11 (1) Infestation. All structures shall be kept free from insect and rodent 12 infestation. All structures in which insects or rodents are found shall be promptly 13 exterminated by approved processes that will not be iniurious to human health. 14 After extermination, proper precautions shall be taken to prevent re-infestation. 15 (2) Owner. The owner of any structure shall be responsible for extermination 16 within the structure prior to renting or leasing the structure. 17 (3) Single occupant. The occupant of a one-family dwelling or of a single- 18 tenant nonresidential structure shall be responsible for extermination on the 19 premIses. 20 (4) Multiple occupancy. The owner of a structure containing two or more 21 dwelling units, a multiple occupancy, a rooming house or a nonresidential 22 structure shall be responsible for extermination in the public or shared areas ofthe 23 structure and exterior property. If infestation is caused by failure of an occupant 24 to prevent such infestation in the area occupied, the occupant shall be responsible 25 for extermination. 26 (5) Occupant. The occupant of any structure shall be responsible for the 27 continued rodent and pest-free condition ofthe structure. 28 Exception: Where the infestations are caused by defects in the structure, 29 the owner shall be responsible for extermination. 30 Sec. 10-57. Light. ventilation and occupancy limitations. 31 32 (a) General. 33 34 (1) Scope. The provisions of this section shall govern the minimum 35 conditions and standards for light, ventilation, and space for occupying a structure. 36 37 (2) Responsibility. The owner of the structure shall provide and maintain 38 light, ventilation and space conditions in compliance with these requirements. A 39 person shall not OCCUPy as owner-occupant, or permit another person to occupy, 40 any premises that do not comply with the requirements of this section. 41 11 . . I 1 (3) Alternative devices. In lieu of the means for natural light and ventilation 2 herein prescribed, artificial light or mechanical ventilation complying with the 3 Florida Building Code shall be permitted. 4 5 (b) LiJ:ht. 6 7 (1) Habitable spaces. Every habitable space shall have at least one window of 8 approved size facing directly to the outdoors or to a court. The minimum total 9 glazed area for every habitable space shall be 8 percent of the floor area of such 10 room. Wherever walls or other portions of a structure face a window of any room 11 and such obstructions are located less than 3 feet (914 mm) from the window and 12 extend to a level above that of the ceiling of the room, such window shall not be 13 deemed to face directly to the outdoors nor to a court and shall not be included as 14 contributing to the required minimum total window area for the room. 15 16 Exception: Where natural light for rooms or spaces without exterior 17 glazing areas is provided through an adioining room, the unobstructed 18 opening to the adioining room shall be at least 8 percent of the floor area 19 of the interior room or space, but not less than 25 square feet (2.33 mm). 20 The exterior glazing area shall be based on the total floor area being 21 served. 22 23 (2) Common halls and stairways. Every common hall and stairway in 24 residential occupancies, other than in one- and two-family dwellings, shall be 25 lighted at all times with at least a 60-watt standard incandescent light bulb for 26 each 200 square feet (19 m2) of floor area or equivalent illumination, provided 27 that the spacing between lights shall not be greater than 30 feet (9144 mm). In 28 other than residential occupancies, means of egress, including exterior means of 29 egress, stairways shall be illuminated at all times the building space served by the 30 means of egress is occupied with a minimum of 1 footcandle ( 11 lux) at floors, 31 landings and treads. 32 33 (3) Other spaces. All other spaces shall be provided with natural or artificial 34 light sufficient to permit the maintenance of sanitary conditions, and the safe 35 occupancy of the space and utilization of the appliances, equipment, and fixtures. 36 37 (c) Ventilation. 38 39 (1) Habitable spaces. Every habitable space shall have at least one openable 40 window. The total openable area ofthe window in every room shall be equal to at 41 least 45 percent of the minimum glazed area required in Section 1 0-57(b )( 1 ). 42 43 Exception: Where rooms and spaces without openings to the outdoors 44 are ventilated through an adioining room, the unobstructed opening to 45 the adioining room shall be at least 8 percent of the floor area of the 46 interior room or space, but not less than 25 square feet (2.33 mm). The 12 . . I 1 ventilation openings to the outdoors shall be based on a total floor area I 2 being ventilated. 3 4 (2) Bathrooms and toilet rooms. Every bathroom and toilet room shall comply 5 with the ventilation requirements for habitable spaces as required above, except 6 that a window shall not be required in such spaces equipped with a mechanical 7 ventilation system. Air exhausted by a mechanical ventilation system from a 8 bathroom or toilet room shall discharge to the outdoors and shall not be re- 9 circulated. 10 11 (3) Cooking facilities. Unless approved through the certificate of occupancy, 12 cooking shall not be permitted in any rooming unit or dormitory unit, and a 13 cooking facility or appliance shall not be permitted to be present in the rooming 14 unit or dormitory unit. 15 16 Exceptions: 17 18 (a). Cooking facilities may be located in a room otherwise 19 prohibited by this section where the Building Official specifically 20 approves such a location in writing. 21 22 (b) Devices such as coffee pots and microwave ovens shall not be 23 considered cooking appliances. 24 25 (4) Process ventilation. Where iniurious, toxic, irritating, or noxious fumes, 26 gases, dusts or mists are generated, a local exhaust ventilation system shall be 27 provided to remove the contaminating agent at the source. Air shall be exhausted 28 to the exterior and not be re-circulated to any space. 29 30 (5) Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent 31 of all other systems and shall be exhausted in accordance with the manufacturer's 32 instructions. 33 34 (d) Occupancv limitations. 35 36 (1) Privacy. Dwelling units, hotel units, housekeeping units, rooming units 37 and dormitory units shall be arranged to provide privacy and be separate from 38 other adioining spaces. 39 40 (2) Size of dwelling unit. The total square footage of all habitable rooms in a 41 dwelling unit shall be no less than one hundred and fifty (150) square feet offloor 42 area for the first occupant, and one hundred ( 1 00) square feet of floor area for each 43 additional occupant. 44 45 Exception: Dwelling units shall contain a greater floor area if required 46 by the applicable building or zoning code provisions. 47 13 . . I 1 (3) Minimum room widths. A habitable room, other than a kitchen, shall not 2 be less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a clear 3 passageway of not less than 3 feet (914 mm) between counter-fronts and 4 appliances or counter-fronts and walls. 5 6 (4) Every sleeping room for one occupant shall have no less than seventy (70) 7 square feet of floor space, or fifty (50) square feet of floor space per occupant, 8 whichever is greater. 9 10 (5) Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry 11 areas, bathrooms, toilet rooms and habitable basement areas shall have a clear 12 ceiling height of not less than 7 feet (2134 mm). 13 14 Exceptions: 15 16 a. In one and two-family dwellings, beams, or girders spaced not 17 less than 4 feet (1219 mm) on center and proiecting not more than 6 18 inches ( 152 mm) below the required ceiling height. 19 20 b. Basement rooms in one and two-family dwellings occupied 21 exclusively for laundry, study or recreation purposes, having a ceiling 22 height of not less than 6 feet 8 inches (2033 mm) with not less than 6 feet 23 4 inches ( 1932 mm) of clear height under beams, girders, ducts and similar 24 obstructions. 25 26 c. Rooms occupied exclusively for sleeping, study or similar 27 purposes and having a sloped ceiling over all or part of the room, with a 28 clear ceiling height of at least 7 feet (2134 mm) over not less than one- 29 third of the required minimum floor area. In calculating the floor area of 30 such rooms, only those portions of the floor area with a clear ceiling 31 height of5 feet (1524 mm) or more shall be included. 32 33 (6) Bedroom and living room requirements. Every bedroom and living room 34 shall comply with the following requirements: 35 36 a. Room area. Every living room shall contain at least 120 square 37 feet (11.2 m2) and every bedroom shall contain at least 70 square feet (6.5 38 m2). 39 40 b. Access from bedrooms. Bedrooms shall not constitute the only 41 means of access to other bedrooms or habitable spaces and shall not serve 42 as the only means of egress from other habitable spaces. 43 44 Exception: This provision shall not apply to units that contain 45 fewer than two bedrooms. 46 14 . . I I 1 c. Water closet accessibility. Every bedroom shall have access to at 2 least one water closet and one lavatory without passing through another 3 bedroom. Every bedroom in a dwelling unit shall have access to at least 4 one water closet and lavatory located in the same story as the bedroom or 5 an adiacent story. 6 7 d. Prohibited occupancy. Kitchens and non-habitable spaces shall not 8 be used for sleeping purposes. 9 10 e. Other requirements. Bedrooms shall comply with the applicable 11 provisions of this code including, but not limited to, the light, ventilation, 12 room area, ceiling height and room width requirements ofthis section; the 13 plumbing facilities and water-heating facilities requirements of Section 4; 14 the heating facilities and electrical receptacle requirements of Section 5; 15 and the smoke detector and emergency escape requirements of Section 6. 16 17 (7) Efficiency unit. Nothing in this section shall prohibit an efficiency living 18 unit from meeting the following requirements: 19 20 a. A unit occupied by not more than two occupants shall have a clear 21 floor area of not less than 220 square feet (20.4 m2). A unit occupied by 22 three occupants shall have a clear floor area of not less than 320 square 23 feet (29.7m2). These required areas shall be exclusive of the areas 24 required by Items 2 and 3. 25 26 b. The unit shall be provided with a kitchen sink, cooking appliance 27 and refrigeration facilities, each having a clear working space of not less 28 than 30 inches (762 mm) in front. Light and ventilation conforming to 29 this code shall be provided. 30 31 c. The unit shall be provided with a separate bathroom containing a 32 water closet, lavatory, and bathtub or shower. 33 34 d. The maximum number of occupants shall be three. 35 36 (8) Food preparation. All spaces to be occupied for food preparation purposes 37 shall contain suitable space and equipment to store, prepare, and serve foods in a 38 sanitary manner. There shall be adequate facilities and services for the sanitary 39 disposal of food wastes and refuse, including facilities for temporary storage. 40 41 Sec. 10-58. Plumbin!! facilities and fixture reQuirements. 42 43 (a) General. 44 45 (1) Scope. The provisions ofthis section shall govern the minimum plumbing 46 systems, facilities, and plumbing fixtures to be provided. 47 15 . . I 1 (2) Responsibility. The owner of the structure shall provide and maintain 2 such plumbing facilities and plumbing fixtures in compliance with these 3 requirements. A person shall not occupy as owner-occupant or permit another 4 person to occupy any structure or premises which does not comply with the 5 requirements of this section. 6 7 (b) Required facilities. 8 9 0) Dwelling units. Every dwelling unit shall contain its own bathtub or 10 shower, lavatory, water closet, and kitchen sink which shall be maintained in a 11 sanitary, safe working condition. The lavatory shall be placed in the same room as 12 the water closet or located in close proximity to the door leading directly into the 13 room in which such water closet is located. A kitchen sink shall not be used as a 14 substitute for the required lavatory. 15 16 (2) Rooming houses. At least one water closet, lavatory and bathtub or 17 shower shall be supplied for each four rooming units. 18 19 (3) Hotels. Where private water closets, lavatories and baths are not provided, 20 one water closet, one lavatory and one bathtub or shower having access from a 21 public hallway shall be provided for each ten occupants. 22 23 (4) Employees' facilities. A minimum of one water closet, one lavatory, and 24 one drinking facility shall be available to employees. 25 26 a. Drinking facilities. Drinking facilities shall be a drinking fountain, 27 water cooler, bottled water cooler, or disposable cups next to a sink or 28 water dispenser. Drinking facilities shall not be located in toilet rooms or 29 bathrooms. 30 31 (c) Toilet rooms. 32 33 0) Privacy. Toilet rooms and bathrooms shall provide privacy and shall not 34 constitute the only passageway to a hall or other space, or to the exterior. A door 35 and interior locking device shall be provided for all common or shared bathrooms 36 and toilet rooms in a multiple dwelling. 37 38 (2) Location. Toilet rooms and bathrooms serving hotel units, rooming units 39 or dormitory units or housekeeping units, shall have access by traversing not more 40 than one flight of stairs and shall have access from a common hall or passageway. 41 42 (3) Location of employee toilet facilities. Toilet facilities shall have access 43 from within the employees' working area. The required toilet facilities shall be 44 located not more than one story above or below the employees' working area and 45 the path of travel to such facilities shall not exceed a distance of500 feet (152 m). 46 Employee facilities shall either be separate facilities or combined employee and 47 public facilities. 16 I 1 2 Exception: Facilities that are required for employees in storage 3 structures or kiosks, which are located in adiacent structures under the 4 same ownership, lease or control, shall not exceed a travel distance of500 5 feet 052 m) from the employees' regular working area to the facilities. 6 7 (4) Floor surface. In other than dwelling units, every toilet room floor shall be 8 maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be 9 easily kept in a clean and sanitary condition. 10 11 (d) Plumbing svstems and fixtures. 12 13 0) General. All plumbing fixtures shall be properly installed and maintained 14 in working order, and shall be kept free from obstructions, leaks and defects and 15 be capable of performing the function for which such plumbing fixtures are 16 designed. All plumbing fixtures shall be maintained in a safe, sanitary, and 17 functional condition. 18 19 (2) Fixture clearances. Plumbing fixtures shall have adequate clearances for 20 usage and cleaning. 21 22 (3) Plumbing system hazards. Where it is found that a plumbing system in a 23 structure constitutes a hazard to the occupants or the structure by reason of 24 inadequate service, inadequate venting, cross connection, back-siphonage, 25 improper installation, deterioration, or damage or for similar reasons, the Building 26 Official shall require the defects to be corrected to eliminate the hazard. 27 28 (e) Water svstem. 29 30 0) General. Every sink, lavatory, bathtub or shower, drinking fountain, water 31 closet, or other plumbing fixture shall be properly connected to either, a public 32 water system or to an approved private water system. All kitchen sinks, lavatories, 33 laundry facilities, bathtubs and showers shall be supplied with hot or tempered 34 and cold running water in accordance with the Florida Building Code, Plumbing. 35 36 (2) Contamination. The water supply shall be maintained free from 37 contamination, and all water inlets for plumbing fixtures shall be located above 38 the flood-level rim ofthe fixture. Shampoo basin faucets, ianitor sink faucets and 39 other hose bibs or faucets to which hoses are attached and left in place, shall be 40 protected by an approved atmospheric-type vacuum breaker or an approved 41 permanently attached hose connection vacuum breaker. 42 43 (3) Supply. The water supply system shall be installed and maintained to 44 provide a supply of water to plumbing fixtures, devices, and appurtenances in 45 sufficient volume and at pressures adequate to enable the fixtures to function 46 properly, safely, and free from defects and leaks. 47 17 I 1 (4) Water heating facilities. Water heating facilities shall be properly 2 installed, maintained and capable of providing an adequate amount of water to be 3 drawn at every required sink, lavatory, bathtub, shower, and laundry facility at a 4 temperature of not less than 1100F (430C). A gas-burning water heater shall not 5 be located in any bathroom, toilet room, bedroom or other occupied room 6 normally kept closed, unless adequate combustion air is provided. An approved 7 combination temperature and pressure-relief valve and relief valve discharge pipe 8 shall be properly installed and maintained on water heaters. 9 10 (f) Sanitarv drainage svstem. 11 12 0) General. All plumbing fixtures shall be properly connected to either a 13 public sewer system or to an approved private sewage disposal system. 14 15 (2) Maintenance. Every plumbing stack, vent, waste and sewer line shall 16 function properly and be kept free from obstructions, leaks and defects. 17 18 (g) Storm drainage. 19 20 (1) General. Drainage of roofs and paved areas, yards and courts, and other 21 open areas on the premises shall not be discharged in a manner that creates a 22 public nuisance. 23 24 Sec. 10-59. Mechanical and electrical reQuirements. 25 26 (a) General. 27 28 (1) Scope. The provisions of this section shall govern the minimum 29 mechanical and electrical facilities and equipment to be provided. 30 31 (2) Responsibility. The owner of the structure shall provide and maintain 32 mechanical and electrical facilities and equipment in compliance with these 33 requirements. A person shall not occupy as owner-occupant or permit another 34 person to occUPY any premises which does not comply with the requirements of 35 this section. 36 37 (b) Reserved. 38 39 (c) Mechanical equipment. 40 41 (1) Mechanical appliances. All mechanical appliances, fireplaces, solid fuel- 42 burning appliances, cooking appliances and water heating appliances shall be 43 properly installed and maintained in a safe working condition, and shall be 44 capable of performing the intended function. 45 46 (2) Removal of combustion products. All fuel-burning equipment and 47 appliances shall be connected to an approved chimney or vent. 18 J 1 2 Exception: This provision shall not apply to fuel-burning equipment 3 and appliances which are labeled for unvented operation. 4 5 (3) Clearances. All required clearances to combustible materials shall be 6 maintained. 7 8 (4) Safety controls. All safety controls for fuel-burning equipment shall be 9 maintained in effective operation. 10 11 (5) Combustion air. A supply of air for complete combustion of the fuel and 12 for ventilation of the space containing the fuel-burning equipment shall be 13 provided for the fuel-burning equipment. 14 15 (6) Energy conservation devices. Devices intended to reduce fuel 16 consumption by attachment to a fuel-burning appliance, to the fuel supply line 17 thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless 18 labeled for such purpose and the installation is specifically approved. 19 20 (d) Electrical facilities. 21 22 (1) Facilities required. Every occupied building shall be provided with an 23 electrical system in compliance with the requirements of this section. 24 25 (2) Service. The size and usage of appliances and equipment shall serve as a 26 basis for determining the need for additional facilities in accordance with the 27 NFP A 70 - National Electrical Code. Dwelling units shall be served by a three- 28 wire, 120/240 volt, single-phase electrical service having a rating of not less than 29 60 amperes. 30 31 (3) Electrical system hazards. Where it is found that the electrical system in a 32 structure constitutes a hazard to the occupants or the structure by reason of 33 inadequate service, improper fusing, insufficient receptacle and lighting outlets, 34 improper wiring or installation, deterioration or damage, or for similar reasons, the 35 Building Official shall require the defects to be corrected to eliminate the hazard. 36 37 (e) Electrical equipment. 38 39 (1) Installation. All electrical equipment, wiring, and appliances shall be 40 properly installed and maintained in a safe and approved manner. 41 42 (2) Receptacles. Every habitable space in a dwelling shall contain at least two 43 separate and remote receptacle outlets. Every laundry area shall contain at least 44 one grounded-type receptacle or a receptacle with a ground fault circuit 45 interrupter. Every bathroom shall contain at least one receptacle. Any new 46 bathroom receptacle outlet shall have ground fault circuit interrupter protection. 47 19 I 1 (3) Luminaries. Every public hall, interior stairway, toilet room, kitchen, 2 bathroom, laundry room, boiler room, and furnace room shall contain at least one 3 electric luminaire. 4 5 (f) Elevators. escalators and dumbwaiters. 6 7 (1) General. Elevators, dumbwaiters, and escalators shall be maintained in 8 compliance with Florida statutes and ASME AI7.1. The most current certification 9 of inspection shall be on display at all times within the elevator or attached to the 10 escalator or dumbwaiter, or the certificate shall be available for public inspection 11 in the office ofthe building operator. The inspection and tests shall be performed 12 at not less than the periodical intervals listed in ASME A 17.1, Appendix N, 13 except where otherwise specified by the authority having iurisdiction. 14 15 (2) Elevators. In buildings equipped with passenger elevators, at least one 16 elevator shall be maintained in operation at all times when the building is 17 occupied. 18 19 Exception: Buildings equipped with only one elevator shall be 20 permitted to have the elevator temporarily out of service for testing or 21 servIcmg. 22 23 (g) Duct svstems. 24 25 0) General. Duct systems shall be maintained free of obstructions and shall 26 be capable of performing the required function. 27 28 Sec. 10-60 Fire safety reQuirements. 29 30 (a) General. 31 32 (1) Scope. The provisions of this section shall govern the minimum 33 conditions and standards for fire safety relating to structures and exterior 34 premises, including fire safety facilities and equipment to be provided. 35 36 (2) Responsibility. The owner of the premises shall provide and maintain 37 such fire safety facilities and equipment in compliance with these requirements. 38 A person shall not occupy as owner-occupant or permit another person to occupy 39 any premises that do not comply with the requirements of this section. 40 41 (b) Means of ewess. 42 43 (1) General. A safe, continuous, and unobstructed path of travel shall be 44 provided from any point in a building or structure to the public way. Means of 45 egress shall comply with the Florida Fire Prevention Code. 46 20 I 1 (2) Aisles. The required width of aisles in accordance with the Florida Fire 2 Prevention Code shall be unobstructed. 3 4 (3) Locked doors. All means of egress doors shall be readily openable from 5 the side from which egress is to be made without the need for keys, special 6 knowledge, or effort, except where the door hardware conforms to that permitted 7 by the Florida Building Code. 8 9 (4) Emergency escape openings. Required emergency escape openings shall 10 be maintained in accordance with the code in effect at the time of construction, 11 and the following. Required emergency escape and rescue openings shall be 12 operational from the inside of the room without the use of keys or tools. Bars, 13 grilles, grates or similar devices are permitted to be placed over emergency escape 14 and rescue openings provided the minimum net clear opening size complies with 15 the code that was in effect at the time of construction and such devices shall be 16 releasable or removable from the inside without the use of a key, tool or force 17 greater than that which is required for normal operation of the escape and rescue 18 openmg. 19 20 (c) Fire-resistance ratings. 21 22 0) Fire-resistance rated assemblies. The required fire-resistance rating of 23 fire-resistance-rated walls, fire stops, shaft enclosures, partitions, and floors shall 24 be maintained. 25 26 (2) Opening protectives. Required opening protectives shall be maintained in 27 an operative condition. All fire and smoke-stop doors shall be maintained in 28 operable condition. Fire doors and smoke barrier doors shall not be blocked or 29 obstructed or otherwise made inoperable. 30 31 (d) Fire protection systems. 32 33 0) General. All systems, devices and equipment to detect a fire, actuate an 34 alarm, or suppress or control a fire or any combination thereof shall be maintained 35 in an operable condition at all times in accordance with the Florida Fire 36 Prevention Code. 37 38 (2) Smoke alarms. Single or multiple-station smoke alarms shall be installed 39 and maintained in all multi-unit dwellings regardless of occupant load at all of the 40 following locations: 41 42 a. On the ceiling or wall outside of each separate sleeping area in the 43 immediate vicinity of bedrooms. 44 45 b. In each room used for sleeping purposes. 46 21 I 1 c. In each story within a dwelling unit, including basements and 2 cellars but not including (crawl spaces and uninhabitable attics. In 3 dwellings or dwelling units with split-levels and without an intervening 4 door between the adiacent levels, a smoke alarm installed on the upper 5 level shall suffice for the adiacent lower level provided that the lower level 6 is less than one full story below the upper level. 7 8 Single or multiple-station smoke alarms shall be installed in other groups 9 in accordance with the Florida Fire Prevention Code. 10 11 (3) Power source. In all multi-unit dwellings, single-station smoke alarms 12 shall receive their primary power from the building wiring provided that such 13 wiring is served from a commercial source and shall be equipped with a battery 14 backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall 15 be permanent and without a disconnecting switch other than as required for over- 16 current protection. 17 18 Exception: Smoke alarms are permitted to be solely battery operated in 19 buildings where no construction is taking place, buildings that are not 20 served from a commercial power source and in existing areas of buildings 21 undergoing alterations or repairs that do not result in the removal of 22 interior wall or ceiling finishes exposing the structure, unless there is an 23 attic, crawl space or basement available which could provide access for 24 building wiring without the removal of interior finishes. 25 26 (4) Interconnection. Where more than one smoke alarm is required to be 27 installed within an individual dwelling unit in Group R-2, R-3, R-4 and in 28 dwellings not regulated as Group R occupancies, the smoke alarms shall be 29 interconnected in such a manner that the activation of one alarm will activate all 30 of the alarms in the individual unit. The alarm shall be clearly audible in all 31 bedrooms over background noise levels with all intervening doors closed. 32 33 Exceptions: Interconnection is not required in buildings, which are not 34 undergoing alterations, repairs, or construction of any kind. Smoke 35 alarms in existing areas are not required to be interconnected where 36 alterations or repairs do not result in the removal of interior wall or 37 ceiling finishes exposing the structure, unless there is an attic, crawl 38 space or basement available which could provide access for inter- 39 connection without the removal of interior finishes. 40 41 Sec. 10-61. Penalties. 42 43 Any person convicted of the violation of any of the terms or provisions of this article or 44 any code, requirements, or standards adopted hereby shall be subiect to penalties as 45 provided in Chapter 1, Section 1-6 of the City of Boynton Beach Code of Ordinances. In 46 addition, the City may use any equitable or legal remedy available at law to enforce any 47 violation of the terms or provisions of the City's Code of Ordinances. If any person 22 I 1 commences any work on a building, structure, plumbing, mechanical, or gas system 2 before obtaining the necessary permit, he shall be subject to a penalty offour (4) times the 3 established permit fee. The Director of Development may allow a waiver of the penalty 4 fee, in whole or in part, when such waiver is supported by the circumstances that apply to 5 the specific instance of imposing a penalty fee, and does not violate the best interests of 6 the city. 7 8 Sec. 10-62. Referenced standards. 9 10 This section lists the standards that are referenced in various section of this article. The 11 standards are listed herein by the promulgating agency of the standard, the standard 12 identification, the effective date, title, and the section(s) of this document that reference 13 the standards. 14 15 ASME American Society of Mechanical Engineers 16 Three Park A venue 17 New York, NY 10016-5990 18 19 Standard Reference Title 20 21 AI7.1-2000 Safety Code for Elevators and Escalators with A 17.1 a 200d 22 Addend 23 24 ASTM ASTM International 25 100 Barr Harbour Drive 26 West Conshohocken, PA 19428-2959 27 28 Standard Reference Title 29 30 F1346-91 (2003) Performance Specification for Safety Covers and Labeling 31 Requirements for all Covers for Swimming Pools, Spas, and Hot 32 Tubs 33 34 Florida Codes Florida Building Commission 35 c/o Florida Department of Community Affairs 36 Building Codes and Standards 37 2555 Shumard Oak Boulevard 38 Tallahassee, Florida 32399-2100 39 40 Standard Reference Title 41 42 Florida Building Code, Building 43 Florida Building Code, Residential 44 Florida Building Code, Plumbing 45 Florida Building Code, Mechanical 46 Florida Building Code, Fuel Gas 47 Florida Building Code, Existing Building 23 I 1 Florida Fire Prevention Code 2 3 NFPA National Fire Protection Association 4 Batterymarch Park 5 Ouincy, MA 02269 6 7 Standard Reference Title 8 9 70-05 National Electric Code 10 11 Section 4. Each and every other provision of the City of Boynton Beach Code of 12 Ordinances not herein specifically amended, shall remain in full force and effect as originally 13 adopted. 14 Section 5. All laws and ordinances applying to the City of Boynton Beach in conflict 15 with any provisions of this ordinance are hereby repealed. 16 Section 6. Should any section or provision of this Ordinance or any portion thereofbe 17 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 18 remainder of this Ordinance. 19 Section 7. Authority is hereby given to codify this Ordinance. 20 Section 8. This Ordinance shall become effective immediately. 21 FIRST READING this _ day of ,2008. 24 i I / 1 SECOND, FINAL READING AND PASSAGE this M day of A0IFCII/ jl;t:, 2008. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 7 8 9 10 11 12 ~, 13 14 15 Commissioner - Ronald Weiland 16 17 /' '~. / .. . . /' . 18 _~~-c?&{/ .~ 19 Commissioner - Woodrow r:. 20 ~~ 21 22 ATTEST: '/72;" ~/~~ 23 Commissioner- Marlene Ross 24 25 2~ 2 . 28 29 (Corporate Seal) 30 25