PUTNAM COUNTY -- ON THE ROAD TO SOCIALISM ?
Chapter 1Section 101
General
101.1 Title. These regulations shall be known as the Property Maintenance Code of Putnam County, Florida, hereinafter referred to as “this code.”
101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.
101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.
101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
Section 101.5 Code Official. The title of code official as used herein shall mean the Director of Planning & Development Services or his designee.
Section 102
Applicability
102.1 General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 101. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.
102.2 Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner’s designated agent shall be responsible for the maintenance of buildings, structures and premises.
102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes to occupancy, shall be done in accordance with the procedures and provisions of the Florida Building Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Putnam County Land Development Code or Zoning Ordinance.
102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and insanitary.
102.5 Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s installation instructions.
102.6 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in public interest of health, safety and welfare.
102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code shall apply.
102.8 Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official.
Section 103 Department of Planning and Development Services
Section 103.1 General. The Department of Planning and Development Services is hereby charged with enforcement of this code and the Director shall be considered the Code Official.
Section 103.2 Liability. The Code Official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties.
Any suit instituted against any officer or employee in the lawful discharge of duties under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department, acting without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties.
Section 104
Duties and Powers of The Code Official
104.1 General. The code official shall enforce the provisions of this code.
104.2 Rule-making authority. The code official shall have authority as necessary in the public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirement applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or violating accepted engineering methods involving public safety.
103.4 Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to approval of the appointing authority.
104.4 Right of entry. The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by the law.
104.5 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
104.6 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliances with this code.
104.7 Department records. The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence, unless otherwise provided for by the regulations.
104.8 Coordination of inspections. Whenever in the enforcement of this code or another code or ordinance, the responsibility of more than one code official of the jurisdiction is involved, it shall be the duty of the code officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector’s authority to enforce, the inspector shall report the findings to the code official having jurisdiction.
Section 105
Approval
105.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have authority to grant modifications for the individual cases, provided the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modifications is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.
105.2 Alternative materials, methods, and equipment. The provisions of this coder are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability, and safety.
1 05~3 Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.
105.3.1 Test Methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approving agency.
105.3.2 Test reports. Reports of test shall be retained by the code official for the period required for retention of public records.
105.4 Material and Equipment reuse. Materials, equipments and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good or proper working condition and approved.
Section 106
Violations
106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.
106.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 107, and Articles 11 & 12 of the Land Development Code. Said notice of violation shall give the property owner up to thirty (30) days to abate the violation before
proceeding to action before the Code Enforcement Board or Special Master. If a property is not in compliance, a property owner may request additional time, not to exceed sixty (60) days, if he has good reason for not having brought the property into compliance. The owner must make this request in writing and provide the reason for not complying within the allotted timeframe and a timeline for how long they believe it will take to reach compliance. The code official shall evaluate the request and provide the owner with a decision regarding the extension of time in writing.
106.3 Prosecution of violation. Except as provided for in this code, any person failing to comply with a notice of violation or order served in accordance with Section 107 and Articles 11 & 12 of the Land Development Code shall be deemed guilty of a civil infraction. If the notice of a violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal to termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
106.4 Violation penalties. Any person who shall violate a provision of
this code, or fail to
comply therewith, or with any of the requirements thereof, shall be
prosecuted as set forth in
Chapter 162, Florida Statutes and the Land Development Code and Articles 11 &
12 of the Land
Development Code.
106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure, or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
Section 107
Notices and Orders
107.1 Notice to person responsible. Whenever the code official determines
that there has been
a violation of this code or has grounds to believe that a violation has
occurred, notice shall be
given in the manner prescribed for the violation as specified in Sections
107.2 and 107.3 to the
persons responsible for the violation as specified in this code. Notices for
condemnation
procedures shall also comply with Section 108.3.
107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following.
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is
being issued.
4. Include a correction order allowing a reasonable time to make the
repairs and improvements required to bring the dwelling unit or structure into
compliance with the provisions of this code.
5. Inform the property owner of the right to appeal.
6. Include a statement of the right to file a lien in accordance with Section
106.3.
107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is:
1) Delivered personally;
2) Sent by Certified mail addressed to the last known address; or
3) If the notice is returned showing that the letter was not delivered, a
copy thereof shall be posted in a conspicuous place in or about the structure
affected by such notice, and at the County Courthouse.
107.4 Penalties. Penalties for noncompliance with orders and notices shall be set forth in Section 106.4.
107.5 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unite or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
Section 108
Unsafe Structures and Equipment
108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.
108.1.1 Unsafe Structures. An unsafe structure is one that is found to be
dangerous to the life, health, property or safety of the public or the occupants
of the structure by not providing minimum safeguards to protect or warn
occupants in the event of fire, or because such structure contains unsafe
equipment or is so decayed, dilapidated, structurally unsafe or of such faulty
construction or unstable foundation, that partial or complete collapse is
possible.
108.1.2. Unsafe equipment. Unsafe equipment includes an boiler, heating
equipment, elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the structure
which is in such disrepair or condition that such equipment is a hazard to life,
health, property or safety of the public or occupants of the premises or
structure.
108.1.3. Structure for human occupancy. A structure is unfit for human
occupancy whenever the code official finds that such structure is unsafe,
unlawful or, because of the degree to which the structure is in disrepair or
lacks maintenance, is insanitary, vermin or rat infested,
contains filth and contaminations, or lacks ventilation, illumination,
sanitary or heating facilities or other essential equipment required by this
code, or because the location of the structure constitutes a hazard to the
occupants of the structure or to the public.
108.1.4. Unlawful structure. An unlawful structure is one found in whole or
in part to be occupied by more persons that permitted under this code, or was
erected, altered, or occupied contrary to the law.
108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. All vacant structures must meet the minimum requirements of this code even if the owner intends to leave it vacant.
108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 107.2.
108.4 Placarding. Upon failure of the owner or person or persons
responsible to comply with the notice provisions within the time given, the code
official shall post on the premises or on defective equipment a placard bearing
the word “Condemned” and a statement of the penalties provided for occupying the
premises, operating the equipment or removing the placard.
108.4.1 Placard removal. The code official shall remove the condemnation
placard whenever the defect or defects upon which the condemnation and
placarding action were based have been eliminated. Any person who defaces or
removes a condemnation placard without the approval of the code official shall
be subj ect to penalties provided by this code.
108.4.2 Failure to abide by the placard. Anyone who disregards a condemnation
placard and continues to live in a condemned structure is guilty of a
second-degree misdemeanor and is subject to arrest.
108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy placarded premises or operate placarded equipment shall he liable for the penalties provided by this code.
Section 109
Emergency Measures
109.1 Imminent Danger. When, in the opinion of the code official, there is
imminent danger of failure or collapse of a building or structure which
endangers life, or when any structure or part of a structure has fallen and life
is endangered by the occupation of the structure, or when there
is actual or potential danger to the building occupants or those in the
proximity of any structure because of explosives, explosive fumes or vapors or
the presence of toxic fumes, gases or materials, or operations of defective or
dangerous equipment, the code official is hereby authorized and empowered to
order and require the occupants vacate the premises forthwith. The code official
shall cause to be posted at each entrance to such structure a notice reading as
follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the
Code Official.” It shall be unlawful for any person to enter such structure
except for the purpose of securing the structure, making the required repairs,
removing the hazardous condition or of demolishing the same.
109.2 Temporary Safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.
109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
109.4 Emergency repairs. For the purpose of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
109.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.
109.6 Hearing. Any person ordered to take emergency measures shall comply
with such order forthwith. Any affected person shall thereafter, upon petition
directed to the appeals board, be afforded a hearing as described in this code.
Section 110
Demolition
110.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official’s judgment is so old, dilapidated or has become so out of repairs as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure.
110.2 Notices and orders. All notices and orders shall comply with Section 107.
110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
110.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
Section 111
Code Enforcement Board/Special Master.
Section 111.1 Code Enforcement Board/Special Master. Unless an alternative method of enforcement, described in Chapter 162, Florida Statutes, and the Land Development Code, is used, all cases will be taken to the Code Enforcement Board or Special Master for determination. Make up and operation of the Code Enforcement Board and the Special Master is described in Chapter 162, Florida Statutes and Article 11 of the Land Development Code.
Section 111.2 Appeal. All appeals of any action by the Code Enforcement Board or Special Master go to Circuit Court and must be filed within thirty days.
Section 201.3 Terms defined in other codes. Where terms are not defined in
this code and are defined in the Florida Building Code, Florida Fire Code,
Florida Plumbing Code, Florida Mechanical Code, National Electric Code, Land
Development Code or the Zoning Ordinance, such terms shall have the meanings
ascribed to them in those codes. Any reference to the ICC or International Codes
should be interpreted to mean the relevant code addressed in Section 8 of this
ordinance.
Chapter 2
Definitions
Section 201
General
201.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in the chapter.
201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
201.4 Terms defined in other codes. Where terms are not defined in this code book are defined in the International Building Code, International Fire Code, International Zoning Code, International Plumbing Code, International Mechanic Code, International Existing Building Code, or the ICC Electrical Code, such terms shall have the meanings ascribed to them as in those codes.
201.5 Parts. Whenever the words “dwelling unit,” “dwelling,” “premises,” “building,” “rooming unit,” “housekeeping unit,” or “story” are stated in this code, they shall be construed as though they were followed by the words “or any part thereof.”
Section 202
General Definitions
Approved: Approved by the code official.
Basement: The portion of a building which is partly or completely below grade.
Bathroom: A room containing plumbing fixtures including a bathtub or shower.
Bedroom: Any room or space used or intended to be used for sleeping purposes.
Code Official: The official who is charged with the administration and enforcement of this code, or any duly authorized representative.
Condemn: To adjudge unfit for occupancy.
Dwelling Unit: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Easement: That portion of land or property reserved for present or future
use by a person or agency other than legal fee owner(s) of the property. The
easement shall be permitted to be use under, on or above a said lot or lots.
Exterior Property: The open space on the premises arid on adjoining property under the control of owners or operators of such premises.
Extermination: The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination.
Garbage: The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
Guard: A building component or a system of building components located at or near the open side of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
Habitable Space: Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable places.
Hobby CAR Vehicle: A car, light truck or boat that may or may not be operable and is intended to be restored to original condition, made into a race car or truck, or made into some form of show vehicle and owned by the owner or occupant of the property.
Housekeeping Unit: A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.
Imminent Danger: A condition which could cause serious or life-threatening injury or death at any time.
Infestation: The presence within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
Inoperable Motor Vehicle: A vehicle which cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
Labeled: Devices, equipment, appliances, or materials, to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards.
Let for Occupancy or Let: To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises, or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
Occupancy: The purpose for which a building or portion thereof is utilized or occupied.
Occupant: Any individual living or sleeping in a building or having possession of a space within a building.
Openable Area: That part of a window, skylight, or door which is available for unobstructed ventilation and which opens directly to the outdoors.
Operator: Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
Owner: Any person, agent, operator, firm, or corporation having a legal or equitable interest in the property; or recorded in the official records of the stare, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possessions of real property by a court.
Person: An individual, corporation, partnership or any other group acting as a unit. Premises: A lot, plot or parcel of land, easement or public way, including any structures thereon.
Public Way: Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
Rooming House: A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.
Rooming Unit: Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
Rubbish: Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, woods, excelsior, rubber, leather, tree branches, yard trimming, tin cans, metals. mineral matter, glass, crockery, and other similar materials.
Strict Liability Offense: An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.
Structure: That which is built or constructed or a portion thereof.
Tenant: A person, corporation, partnership, or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
Toilet Room: A room containing a water closet or urinal but not a bathtub or shower.
Ventilation: The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
Workmanlike: Executed in a skilled manner: e.g., generally plumb, level, square, in line, undamaged, and without marring adjacent work.
Yard: An open space on the same lot with a structure.
Chapter 3
General Requirements
Section 301
General
301.1 Scope. The provisions of this chapter shall govern the minimum
conditions and the responsibilities of persons for maintenance of structures,
equipment and exterior.
, except as otherwise provided for in this code. A person shall not occupy as
owner-occupant or permit another person to occupy the premises which are not in
a sanitary and safe condition and which do not comply with the requirement of
this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit
are responsible for keeping in a clean, sanitary and safe condition that part of
the dwelling unit, rooming unit, housekeeping unit or premises which they occupy
and control.
301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition, and meet the minimum standards of this code as provided herein so as not to cause a blighting problem or adversely affect public health or safety.
Section 302
Exterior Property Areas
302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
302.2 Grading and drainage. All premises shall be graded and maintained to
prevent the erosion of soil and to prevent the accumulation of stagnant water
thereon, or within any structure located thereon. All drainage shall be done in
such a manner that it does not place water on neighboring properties.
Exception: Approved retention areas and reservoirs.
302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
Section 302.4 Care of Premises; weeds, garbage and junk. All premises and exterior property located in a residential zoning district, in a vested subdivision in Agricultural zoning, and commercial and industrial properties shall be maintained free from weeds or plant growth in excess of twelve (12) inches in height. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. This standard shall not apply to undeveloped lots in a subdivision that is sparsely developed (less than 50% of the lots developed), ei that is left by design in its natural state (i.e. wooded), or in areas where Article 6 of the Land Development Code and the Comprehensive Plan require natural vegetation be retained.
All premises and exterior property shall be kept free of garbage, junk and debris, unless otherwise permitted by the Land Development Code.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds, or remove garbage. junk and debris, after service of a notice of violation, they shall be taken to the Code Enforcement Board or Special Master for adjudication. Upon failure to comply with the notice of violation and determination of the Code Enforcement Board or Special Master, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
302.5 Rodent Harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After rodent extermination, the proper precautions will be taken to eliminate rodent harborage and prevent reinfestation.
302.6 Exhaust Vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors, or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
302.7 Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
302.8 Motor Vehicles. Except as provided for in other regulations, no inoperable or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
On residentially zoned properties minor repair, tune-ups, changing tires,
changing oil so long as the used oil is properly disposed of, and similar light
repairs may be done outside of an enclosed structure. Bodywork, changing
engines, installation of new or repair of existing transmissions are examples of
repairs that can cause problems in residentially zoned properties. This type of
repair may only be allowed outside of a completely enclosed structure on a
residentially zoned property under the following conditions:
1) The vehicle belongs to the occupant of the property
2) This type of work shall take place between the hours of 7:00 a.m. and 7:00
p.m.
3) The repair is not part of a business and it is not constant at the
property.
Exceptions:
1) Approved commercial vehicle repair facilities: A vehicle of any type is
permitted to undergo major overhaul, including bodywork, provided that such
work is performed inside a structure or similarly enclosed area designed
and approved for such purposes.
2) Hobby cars: The enforcement officer may allow one or more
disabled/unlicensed vehicles to be stored outside of an enclosed structure on
site on any residentially zoned property or any residentially used property
zoned “A” if they are hobby vehicles. The maximum number of hobby vehicles that
may be allowed will be determined as follows:
a. Properties one acre or less in area: One hobby vehicle.
b. Properties over one acre but less than five acres: Two hobby vehicles.
c. Properties five acres or greater in area: Three hobby vehicles.
A person desiring to have one or more hobby vehicles stored outside of an
enclosed structure shall apply for a permit to have one at the Department of
Planning and Development Services. The application will call for a general
time frame, or schedule, to get the vehicle in proper running condition. A
fee, established by the Board of County Commissioners shall accompany the
application. A site plan shall accompany the application and shall show the
following information:
1) Lot dimensions and location of buildings
2) Where the hobby vehicle is to be kept on the lot
3) Screening materials.
The permit will be good for a six month period of time. The permit may be renewed by the enforcement officer after the six month time period elapses. A renewal fee, established by the Board of County Commissioners, will be required. Criteria used to determine if the permit will be renewed will be progress on the vehicle, valid complaints from neighbors, and any updates on the schedule for getting the vehicle in proper running condition.
If the enforcement officer denies an application for a hobby car permit, the applicant can file an appeal to the Special Master. The Special Master, after a hearing, approve, or approve with conditions, the permit for a hobby vehicle.
302.9 Defacement of property. No person shall willfully or wantonly
damage, mutilate or deface any exterior surface of any structure or building on
any private or public property by placing thereon any marking, carving or
graffiti.
It shall be there responsibility of the owner to restore said surface to an
approved state of maintenance and repair.
302.10 Burning. Unless prohibited by the Fire Marshall, either permanently or temporarily, the burning of yard trash or household paper products can be done without a permit, provided the following requirements are met.
For the purposes of this section, the following definitions shall govern:
Yard Trash: vegetative matter resulting from landscaping and yard maintenance
operations and includes materials such as tree and shrub trimmings, grass
clippings, palm fronds, trees, and tree stumps.
Garbage: all kitchen and table food waste, and animal or vegetable waste that
is related to the storage, packaging, preparation, cooking or handling of food
materials.
The following conditions must be met to burn yard trash without a permit:
1) On the premises of a one or two family dwelling. (this type of burning
is not permitted at apartment complexes or businesses)
2) 100 feet or more away from any occupied building not owned or leased by
the person conducting the burning.
3) 50 feet or more from occupied residence on the property.
4) 50 feet or more from any public highway or road.
5) 25 feet or more from any woodlands, forest or brush
6) Be ignited no earlier than half an hour before sunrise and extinguished no
later than half an hour after sunset.
7) Be constantly attended.
8) Be in a non-combustible container or pit, which is covered by a metal mesh
or grill.
9) Not include any green or wet materials.
10) Have adequate fire extinguishing equipment readily available at all
times.
11) Cannot include any garbage except household paper products.
12) Cannot produce smoke, soot, odors, visible emissions, or other conditions
to such a degree as to create a nuisance.
13) Cannot produce visible smoke over any adjacent residence or over the road
that would cause a nuisance.
Section 303
Swimming Pools, Spas and Hot Tubs
303.1 Swimming Pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.
303.2 Enclosures. Private swimming poois, hot tubs and spas, containing
water more than 24 inches (610 mm) in depth shall be completely surrounded by a
fence or barrier at least 48 inches (1219 mm) in height above the finished
ground level measured on the side of the barrier away from the pool. Gates and
doors in such barriers shall be self-closing and self-latching. Where the
self-latching device is less that 54 inches (1372 mm) above the bottom of the
gate, the release mechanism shall be located on the pool side of the gate.
Self-closing and self-latching gates shall be maintained such that the gate will
positively close and latch when released from an open position of 6 inches (152
mm) from the gatepost. No existing pool enclosure shall be removed, replaced, or
changed in a manner that reduces its effectiveness as a safety barrier.
Section 304
Exterior Structure
304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidations stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidations are exempt from this requirement.
304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).
304.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
304.5 Foundation Walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such conditions so as to prevent the entry of rodents and other pests.
304.6 Exterior Walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
304.7 Roofs and Drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, if present, gutters and downspouts shall be maintained in good repair and free of obstructions. Roof water shall not be discharged in a maimer that creates a public nuisance.
304.8 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in safe condition.
304.9 Overhang extensions. All overhang extensions including, but not
limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes,
and exhaust ducts shall be maintained in good repair and be properly anchored so
as to be kept in a sound condition. When required, all
exposed surfaces of metal or wood shall be protected from the elements and
against decay or rust by periodic application of weather-coating materials, such
as paint or similar surface treatment.
304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
304.13 Window, skylight and door frames. Every window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.
304.13.1 Glazing. All glazing materials shall be maintained free from
cracks and holes.
304.13.2 Openable windows. Every window, other than a fixed window, shall be
easily openable and capable of being held in position by window hardware.
304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
304.15 Doors. All exterior doors, assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure door. Locks on means of egress doors shall be accordance with Section 702.3.
304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrances of rodents, rain and surface drainage water.
304.17 Guards for basement windows. Every basement window that is openable
shall be supplied with rodent shields, storm windows or other approved
protection against the entry of rodents.
304.18 Building security. Doors, windows or hatchways for dwelling units,
room units or housekeeping units shall be provided with devices designed to
provide security for the occupants and property within.
304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or
housekeeping unit that is rented, leased or let shall be equipped with a
deadbolt lock meeting specifications set forth herein. Such deadbolt locks shall
be operated only by the turning of a knob or a key and shall have a lock throw
of not less than 1-inch. For the purpose of this section, a sliding bolt shall
not be considered an acceptable deadbolt lock. Such deadbolt locks shall be
installed according to manufacturer’s specifications and maintained in good
working order. All deadbolt locks required by this section shall be designed and
installed in such a manner so as to be operable inside of the dwelling unit,
rooming unit, or housekeeping unit without the use of a key, tool, combination
thereof or any other special knowledge of effort.
304.18.2 Windows. Operable windows located in whole or in part within 6 feet
(1828 mm) above ground or a walking surface below that provided access to a
dwelling unit, rooming unit or housekeeping unit that is rented leased or let
shall be equipped with a window sash locking devices.
304.18.3 Basement hatchways. Basement hatchways that provide access to a
dwelling unit, rooming unit or housekeeping unit that is rented, leased or let
shall be equipped with devices that secure the units from unauthorized entry.
Section 305
Interior Structure
305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
305.2 Structural members. All structural members shall be maintained structurally sound, and capable of supporting the imposed loads.
305.3 Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be connected.
305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony,
porch, deck or other
walking surface shall be maintained in sound condition and good repair.
305.5 Interior doors. Every interior door shall fit reasonably well within
its frame and shall be capable of being opened and closed by being properly and
securely attached to jambs, headers or tracks as intended by the manufacturer of
the attachment hardware.
Section 306
Handrails and Guardrails
306.1 General. Every exterior and interior flight of stairs having more
than four risers shall have a handrail on one side of the stair and every open
portion of a stair, landing, balcony, porch, deck, ramp or other walking surface
which is more than 30 inches (762 mm) above the floor or grade below shall have
guards. Handrails shall not be less than 30 (762 mm) high or more than 42 inches
(1067 mm) high measured vertically above the nosing tread or above the finished
floor of the landing or walking surfaces. Guards shall not be less than 30
inches (762 mm) high above the floor of the landing, balcony, porch, deck, or
ramp or other walking surfaces.
Exceptions: Guards shall not be required where exempt by the adopted building
code.
Section 307
Rubbish and Garbage
307.1 Accumulation of rubbish or garbage. Al exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.
307.2 Disposal of rubbish. Every occupant of a structure, shall dispose of
all rubbish in a clean and sanitary manner by placing such rubbish in approved
containers.
307.2.lRubbiSh storage facilities. The owner of every occupied premises shall
supply approved containers for rubbish, and the owner of the premises shall be
responsible for removal of rubbish.
307.2.2 Refrigerators. Refrigerators and similar equipment not in operation
shall not be discarded, abandoned or stored on premises without first removing
the doors.
307.3 Disposal of garbage. Every occupant of a structure shall dispose of
garbage in a clean and sanitary manner by placing such garbage in an approved
garbage disposal facility or approved garbage containers.
307.3.1 Garbage facilities. Garbage shall be properly disposed of, following
the guidelines of the Health Department and Department of Sanitation.
307.3.2 Containers. The operator of every establishment producing garbage
shall provide, and at all times cause to be utilized, approved leakproof
containers provided with close-fitting covers for the storage of such materials
until removed from the premises for disposal.
Section 308
Extermination
308.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
308.2 Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.
308.3 Single Occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.
308.4 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination.
308.5 Occupant. The occupant of any structure shall be responsible for the
continued rodent and pest-free condition of the structure.
Exception: Where the infestations are caused by defects in the structure, the
owner shall be responsible for extermination.
Chapter 4
Light, Ventilation and Occupancy Limitations
Section 401
General
401.1 Scope. The provision of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.
401.2 ResponsibilitY. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter.
401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Florida Building Code shall be permitted.
Section 402
Light
402.1 Habitable spaces. Every habitable space shall have at least one window
of approved size facing directly to the outdoors or to a court. The minimum
total glazed area for every habitable space shall be 8 percent of the floor area
of such room. Wherever walls or other portions of a structure face a window of
any room and such obstructions are located less than 3 feet (914 mm) from the
window and extend to a level above that of the ceiling of the room, such window
shall not be deemed to face directly to the outdoors nor a court and shall not
be included as contributing to the required minimum total window area for the
room.
ExceptiOfl Where natural light for rooms or spaces without exterior glazing
areas is provided through an adjoining room, the unobstructed opening to the
adjoining room shall be at least 8 percent of the floor area of the interior
room or space, but not less than 25 square feet (2.33 m). The exterior glazing
area shall be based on the total floor area being served.
402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than one~and-two-family dwellings, shall be lighted at all times with at least 60-watt standard incandescent light bulb for each 200 square feet (19 m) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 ft 9144 mm). In other than residential occupancies, means of egress, including exterior means of egress stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of 1 footcandle (11 lux) at floors, landings and treads.
402.3 Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.
Section 403
Ventilation
403.1 Habitable spaces. Every habitable space shall have at least one
openable window. The total openable area of the window in every room shall be
equal to at least 45 percent of the minimum glazed area required in Section
402.1.
Exception: Where rooms and spaces without openings to the outdoors are
ventilated through an adjoining room shall be at least 8 percent of the floor
area of the interior room or space, but not less than 25 square feet (2.33 m).
The ventilation openings to the outdoors shall be based on a total floor area
being ventilated.
403.2 BathroomS and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required in Section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.
403.3 Cooking facilities. Unless approved through the certificate of
occupancy, cooking shall not be permitted in any rooming unit or dormitory unit,
and a cooking facility or appliance shall not be permitted to e present in a
rooming unit or dormitory unit.
Exception: Where specifically approved in writing by the code official.
403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not recirculated to any space.
403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer’s instructions.
Section 404
Occupancy Limitations
404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming u
flits and dormitory units shall be arranged to provide privacy and be separate
from other adjoining spaces.
404.2 Minimum room widths. A habitable room, other than a kitchen, shall
not be less that 7
feet (2134 mm) in any plan dimension. Kitchens shall have a clear passageway
of not less than 3
feet (914 mm) between counterfronts and appliances or counterfronts and
walls.
404.3 Minimum ceiling heights. Habitable spaces, hallways, corridors,
laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a
clear ceiling height of not less than 7 feet (2134mm).
Exceptions:
1. In one-and two-family dwellings, beams or girders spaced not less than 4
feet (1219 mm) on center and projecting not more than 6 inches (152 mm) below
the required ceiling height.
2. Basement rooms in one- and two-family dwellings occupied exclusively for
laundry, study or recreation purposes, having a ceiling height of not less than
6 feet 8 inches (2033 mm) with not less than 6 feet 4 inches (1932 mm) of clear
height under beams, girders, ducts and similar obstructions.
3. Rooms occupied exclusively for sleeping, study or similar purposes and
having a sloped ceiling over all or part of the room, with a clear ceiling
height of at least 7 feet (2134 mm) over not less than one-third of the required
minimum floor area. In calculating the floor area of such rooms, only those
portions of the floor area with a clear ceiling height of 5 feet (1524 mm) or
more shall be included.
404.4 Bedroom requirements. Every bedroom shall comply with the
requirements of Section
404.1 through 404.4.5.
404.4.1. Area for sleeping purposes. Every bedroom occupied by one person
shall contain at least 70 square feet (6.5 m) of floor area, and every bedroom
occupied by more than one person shall contain at least 50 square feet (4.6 m)
of floor area for each occupant thereof.
404.4.2. Access from bedrooms. Bedrooms shall not constitute the only means
of access to other bedrooms or habitable spaces and shall not serve as the only
means of egress from other habitable space.
Exceptions Units that contain fewer then two bedrooms.
404.4.3. Water closet accessibility. Every bedroom shall have at least one
water closet and one lavatory without passing through another bedroom. Every
bedroom in a dwelling unit shall have access to at least one water closet and
lavatory located in the same story as the bedroom or an adjacent story.
404.4.4. Prohibited occupancy. Kitchens and nonhabitable spaces shall not be
used for sleeping purposes.
404.4.5. Other requirements. Bedrooms shall comply with the applicable
provisions of this code including, but not limited to, the light, ventilation,
room area, ceiling height and room width requirements of this chapter; the
plumbing facilities and water-heating facilities requirements of Chapter 5; the
heating facilities and electrical receptacle requirements of Chapter 6; and the
smoke detector and emergency escape requirements of Chapter 7.
404.5 Overcrowding. Dwelling units shall not be occupied by more occupants
than permitted by the minimum are requirements of Table 404.5.
Minimum Area Requirements
Minimum Area In Square feet
1-2 Occupants 3-5 Occupants 6 or More Occupants
Living No requirements 120 150
Room
Dining No requirements 80 100
Room
Bedrooms
Shall Comply with Section 404.4
404.5.1 Sleeping Area. The minimum occupancy area required by Table 404.5
shall not be included as a sleeping area in determining the minimum occupancy
area for sleeping purposes. All sleeping areas shall comply with Section 404.4.
404.5.4.2 Combined spaces. Combined living room and dining room spaces shall
comply with the requirements of Table 404.5 if the total area is equal to that
required for separate rooms and if the space is located so as to function as a
combination living room/dining room.
404.6 Efficiency unit. Nothing in this section shall prohibit an
efficiency living unit from meeting the following requirements:
1. A unit occupied by not more than two occupants shall have a clear floor
area of not less than 220 square feet (20.4 m). A unit occupied by three
occupants shall have a clear floor area of not less than 320 square feet (29.7
m). These required areas shall be exclusive of the areas required by Items2 and
3.
2. The unit shall be provided with a kitchen sink, cooking appliance and
refrigeration facilities, each having a clear working space of not less than 30
inches (762 mm) in front. Light ventilation conforming to this code shall be
provided.
3. The unit shall be provided with a separate bathroom containing a water
closet, lavatory and bathtub or shower.
4. The maximum number of occupants shall be three.
404.7 Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
Chapter 5
Plumbing Facilities and Fixture Requirements
Section 501
General
501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.
501.2 Responsibility. The owner of the structure shall provide and
maintain such plumbing facilities and plumbing fixtures in compliance with these
requirements. A person shall not occupy as owner-occupant or permit another
person to occupy and structure or premises which does not comply with the
requirements of this chapter.
Section 502
Required facilities
502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for a required lavatory.
502.2 Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.
502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants.
502.4 Employees’ facilities. A minimum of one water closet, one lavatory
and one drinking facility shall be available to employees.
502.4.1 Drinking facilities. Drinking facilities shall be a drinking
fountain, water cooler, bottled water cooler or disposable cups next to a sink
or water dispenser. Drinking facilities shall not be located in toilet rooms or
bathrooms.
Section 503
Toilet Rooms
503.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.
503.2 Location. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door or interior and locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.
503.3 Location of employee toilet facilities. Toilet facilities shall have
access from within the employees’ working area. The required toilet facilities
shall be located not more than one story above or below the employees’ working
area and the path of travel to such facilities shall not exceed a distance of
500 feet (152 m). Employee facilities shall either be separate facilities or
combined employee and public facilities.
Exception: Facilities that are required for employees in storage structure or
kiosks, which are located in adjacent structures under the same ownership, lease
or control, shall not exceed a travel distance of 500 feet (152 m) from the
employees’ regular working area to the facilities.
503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.
Section 504
Plumbing Systems and Fixtures
504.1 General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
504.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning.
504.3 Plumbing systems hazards. Where it is found that a plumbing system in a structure constitutes a hazards to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.
Section 505
Water System
505.1 General.. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot and cold running water in accordance with the Florida Plumbing Code.
505.2 ContaminatiOn. The water supply shall be maintained free from contamination and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.
505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
505.4 Water heating facilities. Water heating facilities shall be properly
installed, maintained and capable of providing an adequate amount of water to be
drawn at every required sink, lavatory, bathtub, shower and laundry facility at
a temperature of not less than 110 F (43 C). A gas-burning water heater shall
not be located in any bathroom, toilet room, bedroom or other occupied room
normally kept closed, unless adequate combustion air is provided. An approved
combination temperature and pressure-relief valve and relief valve discharge
pipe shall be properly installed and maintained on water heaters.
Section 506
Sanitary Drainage System
506.1 General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.
506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstruction, leaks and defects.
Section 507
Storm Drainage
507.1 General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance.
Chapter 6
Mechanical and Electrical Requirements
Section 601
General
601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided.
601.2 ResponsibilitY. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter.
Section 602
Heating facilities
602.1 facilities required. Heating facilities shall be provided in structures as required by this section.
602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 65 degrees F(l 8 degrees C) in all habitable rooms, bathrooms and toilet rooms based upon the winter outdoor design temperature for the Putnam County indicated in Appendix D of the Florida Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section.
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period of November 1 to March 30 to maintain a temperature of 65 degrees F(l 8 degrees C) in all habitable rooms, bathrooms, and toilet rooms.
Exceptiofl When the outdoor temperature is below the winter outdoor design temperature for Putnam County, maintenance of the minimum temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor temperature for Putnam County shall be indicated in Appendix D of the Florida Plumbing Code.
602.4 Occupiable work spaces. Indoor occupiable workspaces shall be supplied with heat during the period from November 1 to March 30 to maintain a temperature of not less than 65 degrees F(l 8 degrees C) during the period the spaces are occupied.
Exceptions:
1) Processing, storage and operation areas that require cooling or special
temperature conditions..
2) Areas in which persons are primarily engaged in vigorous physical
activities.
602.5 Room temperature measurement. The required room temperatures shall be
measured 3 feet (914 mm) above the floor near the center of the room and 2 feet
(610 mm) inward from the center of each exterior wall.
Section 603
Mechanical Equipment
603.1 Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.
603.2 Removal of combustion products. All fuel-burning equipment and
appliances shall be connected to an approved chimney or vent.
Exception: Fuel-burning equipment and appliances which are labeled for
unvented operation.
603.3 Clearances. All required clearances to combustible materials shall be maintained in effective operation.
603.4 safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation.
603.5 Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning shall be provided for the fuel-burning equipment.
603.6 Energy conservation devices. Devices intended to reduce fuel
consumption by attachment to a fuel-burning appliance, to the fuel supply line
thereto, or to the vent outlet or vent piping therefrom, shall not be installed
unless labeled for such purpose and the installation is specifically approved.
Section 604
Electrical Facilities
604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605.
604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the IC Electrical Code. Dwelling units shall be served by a three-wire~ 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes.
604.3 Electrical system hazards. Where it is found that the electrical
system in a structure constitutes a hazard to the occupants or the structure by
reason of inadequate service, improper fusing, insufficient receptacle and
lighting outlets, improper wiring or installation, deterioration
or damage, or for similar reasons, the code official shall require the
defects to be corrected to eliminate the hazard.
Section 605
Electrical Equipment
605.1 Installation. All electrical equipment, wiring and appliances shall be
properly installed and maintained in a safe and approved manner.
605.2 Receptacles. Every habitable space in a dwelling shall contain at
least two separate and
remote receptacle outlets. Every laundry area shall contain at least one
ground-type receptacle or
a receptacle with a ground fault circuit interrupter. Every bathroom
receptacle outlet shall have
ground fault circuit interrupter protection.
605.3 Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric lighting fixture.
Section 606
Elevators, Escalators and Dumbwaiters.
606.1 General. Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate properly, and to be free from physical and fire hazards. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter; or the certificate shall be available for the public inspection in the office of the building operator.
606.2 Elevators. In buildings equipped with passenger elevators, at least
one elevator shall be maintained in operation at all times when the building is
occupied.
Exception: Buildings equipped with only one elevator shall be permitted to
have the elevator temporarily out of service for testing or servicing.
Section 607
Duct Systems
607.1 General. Duct systems shall be maintained free from obstructions and
shall be capable of performing the required function.
Chapter 7
Fire Safety Requirements
Section 701 General
701.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.
701.2 ResponsibilitY. The owner of the premises shall provide and maintain
such fire safety facilities and equipment in compliance with these requirements,
a person shall not occupy as owner occupant or permit another person to occupy
any premises that do not comply with the requirements.
Section 702
Means of Egress
Section 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the Florida Building Code.
Section 702.2 Aisles. The required width of aisles in accordance with the Florida Fire Code shall be unobstructed.
Section 702.3 Locked doors. All means of egress doors shall be readily openable from the side from which the egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the Florida Building Code.
702.4 Emergency escape openings. Required emergency escape openings shall
be a maintained in accordance with the code in effect at the time of
construction, and the following. Required emergency escape and rescue openings
shall be operational from the inside of the room without the use of the keys or
tools. Bars, grilles. Grates or similar devices are permitted to be placed over
emergency escape and rescue openings provided the minimum net clear opening size
complies with the code that was in effect at the time of construction and such
devices shall be releasable or removable from the inside without the use of a
key, tool or force greater than that which is required for normal operation of
the escape and rescue opening.
Section 703
Fire-Resistance Ratings
703.1 Fire-resistance-rated assemblies. The required fire-resistance
rating of fire-resistance-
rated walls, fires stops, shaft enclosures, partitions and floors shall be
maintained.
703.2 Opening protective. Required opening protective shall be maintained
in an operative condition. All fire and smokestop doors shall be maintained in
operable condition. Fire doors and smoke barrier doors shall not be blocked or
obstructed or otherwise made inoperable.
Section 704
Fire protection Systems
Section 704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the Florida Fire Code.
Section 704.2 Smoke alarms. Single or multiple-station smoke alarms shall be installed and maintained in Group Occupancies R-2, R-3, R-4, Florida Building Code (residential) and in dwellings not regulated in Group R occupancies, regardless of occupant load at all of the following locations:
1) On the ceiling or wall outside of each separate sleeping area in the
immediate vicinity of bedrooms.
2) In each room used for sleeping purposes.
3) In each story within a dwelling unit, including basements and cellars but
not including crawl spaces and uninhabitable attics. In dwellings or dwelling
units with split-levels and without an intervening door between the adjacent
levels, a smoke alarm installed on the upper level shall suffice for the
adjacent lower level provided that the lower level is less than one full story
below the upper level.
Single or multiple-station smoke alarms shall be installed in other occupancy groups in accordance with the Florida Fire Code.
704.3 Power source. In Group R occupancies and in dwellings not regulated
as Group R occupancies, single-station smoke alarms shall receive their primary
power from the building wiring provided that such writing is served from a
commercial source and shall be equipped with a battery back up. Smoke alarms
shall emit a signal when the batteries are low. Wiring shall be permanent and
without a disconnecting switch other than as required for overcurrent
protection.
Exception: Smoke alarms are permitted to be solely battery operated in
buildings where no construction is taking place, buildings ~that are not served
from commercial power source and in existing areas of building undergoing
alterations or repairs that do not result in the removal of interior wall or
ceiling finishes exposing the structure, unless there is an attic, crawl space
or basement available which could provide access for building wiring without the
removal of interior finishes.
Section 703
Fire-Resistance Ratings
703.1 Fire-resistance-rated assemblies. The required fire-resistance
rating of fire-resistance-
rated walls, fires stops, shaft enclosures, partitions and floors shall be
maintained.
703.2 Opening protective. Required opening protective shall be maintained
in an operative condition. All fire and smokestop doors shall be maintained in
operable condition. Fire doors and smoke barrier doors shall not be blocked or
obstructed or otherwise made inoperable.
Section 704
Fire protection Systems
Section 704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the Florida Fire Code.
Section 704.2 Smoke alarms. Single or multiple-station smoke alarms shall be installed and maintained in Group Occupancies R-2, R-3, R-4, Florida Building Code (residential) and in dwellings not regulated in Group R occupancies, regardless of occupant load at all of the following locations:
1) On the ceiling or wall outside of each separate sleeping area in the
immediate vicinity of bedrooms.
2) In each room used for sleeping purposes.
3) In each story within a dwelling unit, including basements and cellars but
not including crawl spaces and uninhabitable attics. In dwellings or dwelling
units with split-levels and without an intervening door between the adjacent
levels, a smoke alarm installed on the upper level shall suffice for the
adjacent lower level provided that the lower level is less than one full story
below the upper level.
Single or multiple-station smoke alarms shall be installed in other occupancy groups in accordance with the Florida Fire Code.
704.3 Power source. In Group R occupancies and in dwellings not regulated
as Group R occupancies, single-station smoke alarms shall receive their primary
power from the building wiring provided that such writing is served from a
commercial source and shall be equipped with a battery back up. Smoke alarms
shall emit a signal when the batteries are low. Wiring shall be permanent and
without a disconnecting switch other than as required for overcurrent
protection.
Exception: Smoke alarms are permitted to be solely battery operated in
buildings where no construction is taking place, buildings ~that are not served
from commercial power source and in existing areas of building undergoing
alterations or repairs that do not result in the removal of interior wall or
ceiling finishes exposing the structure, unless there is an attic, crawl space
or basement available which could provide access for building wiring without the
removal of interior finishes.
(NOTE: The
incorrect spelling is as contained in the original document )