Ordinance 15-2019 Building & Building Regulations ORDINANCE NO. 15-2019
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH,
PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF
ORDINANCES BY ADOPTING A NEW CHAPTER 88, PROPERTY MAINTENANCE
CODE, REGULATING AND GOVERNING THE CONDITIONS AND MAINTENANCE
OF ALL PROPERTY, BUILDINGS AND STRUCTURES, BY PROVIDING THE
STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL
THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE
SAFE, SANITARY AND FIT FOR OCCUPATION AND USE, AND THE
CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HUMAN
OCCUPANCY AND USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH,
PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Chapter 88, Property Maintenance Code, is hereby adopted in the manner and
form set forth herein:
"CHAPTER 88– PROPERTY MAINTENANCE CODE
ARTICLE I - SCOPE AND ADMINISTRATION
PART 1 — SCOPE AND APPLICATION
SECTION 88-1, GENERAL
A. Title. These regulations shall be known as the Property Maintenance Code of the Town of
Palm Beach, hereinafter referred to as "this code."
B. 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 the
maintenance of premises, structures, equipment and facilities, for light, ventilation, space,
hems sanitation, protection from the elements, a reasonable level of safety from fire and other
hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an
owner's authorized agent, operators and occupants; the occupancy of existing structures and
premises, and for administration, enforcement and penalties.
C. 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.
SECTION 88-2, APPLICABILITY
A. General. Where there is a conflict between a general requirement and a specific requirement,
the specific requirement shall govern. Where differences occur between provisions of this code,
the referenced standards, and other Town codes,the provisions of this code shall apply. Where,
in a specific case, different sections of this code specify different requirements,the most
restrictive shall govern.
B. 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, owner's authorized agent, operator or
occupant shall cause any service, facility, equipment or utility that is required under this section
to be removed from, 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 authorized agent shall be responsible for the maintenance of buildings, structures
and premises.
C. Application of other codes. Repairs, additions or alterations to a structure, or changes of
occupancy, shall be done in accordance with the procedures and provisions of the Florida
Building Codes and the , Florida Existing Building Code, Florida Energy Conservation Code,
Florida Fire Prevention Code, Florida Fuel Gas Code, Florida Mechanical Code, Florida
Residential Code. Florida Plumbing Code and NFPA 70. Nothing in this code shall be construed
to cancel, modify or set aside any provision of the Chapter 134, Zoning.
D. Existing remedies. The provisions in this code shall not be construed to abolish or impair
existing remedies of the jurisdiction or its officers or agencies relating to the removal or
demolition of any structure that is dangerous, unsafe and insanitary.
E. Workmanship. Repairs, maintenance work, alterations or installations that 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 instructions.
F. Historic buildings. The provisions of this code shall not be mandatory for existing buildings or
structures designated as historic buildings where such buildings or structures are judged by the
code official to be safe and in the public interest of health, safety and welfare.
G. Referenced codes and standards. The codes and standards referenced in this code shall be
those that are listed in Article 8 and considered part of the requirements of this code to the
prescribed extent of each such reference and as further regulated in Sections 88-2.G.1 and
88-2.G.2.
Exception: Where enforcement of a code provision would violate the conditions of the listing of
the equipment or appliance,the conditions of the listing shall apply.
1. Conflicts. Where conflicts occur between provisions of this code and the referenced
standards,the provisions of this code shall apply.
I 2. Provisions in referenced codes and standards.
Where the extent of the reference to a referenced code or standard includes subject matter
that is within the scope of this code,the provisions of this code, as applicable, shall take
precedence over the provisions in the referenced code or standard.
H. 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.
I. Other laws. The provisions of this code shall not be deemed to nullify any provisions of local,
state or federal law.
PART 2 ADMINISTRATION AND ENFORCEMENT
SECTION 88-3, PROPERTY MAINTENANCE ADMINISTRATION, INSPECTION, AND
ENFORCEMENT
A. General. Property maintenance administration, inspections, and enforcement shall be in
accordance with Chapter 2,Administration, Article V, Code Enforcement, Sections 2-366
through2-439 and Florida Statute 162.
I B. Appointment. The Property Maintenance code official, hereinafter the code official shall be
appointed by the Town Manager.
C. Liability. The code official, member of the Code Enforcement Board or employee charged
with the enforcement of this code, while acting for the jurisdiction, in good faith and without
malice in the discharge of the duties required by this code or other pertinent law or ordinance,
shall not thereby be rendered civilly or criminally liable personally, and is hereby relieved from
all personal liability for any damage accruing to persons or property as a result of an act or by
reason of an act or omission in the discharge of official duties.
1. Legal defense. Any suit or criminal complaint instituted against any officer or
employee because of an act performed by that officer or employee in the lawful discharge
of duties and 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.
SECTION 88-4, DUTIES AND POWERS OF THE CODE OFFICIAL
A. General. The code official is hereby authorized and directed to enforce the provisions of this
code. The code official shall have the authority to render interpretations of this code and to adopt
policies and procedures in order to clarify the application of its provisions. Such interpretations,
policies and procedures shall be in compliance with the intent and purpose of this code. Such
policies and procedures shall not have the effect of waiving requirements specifically provided
for in this code.
B. Inspections. The code official shall make all of the required inspections under this code, or
shall accept reports of inspection by approved agencies or individuals. 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 the approval of
the appointing authority.
C. Right of entry. Where it is necessary to make an inspection to enforce the provisions of this
code, or whenever the code official has reasonable cause to believe that there exists in a structure
or upon a premises a condition in violation of this code,the code official is authorized to enter
the structure or premises at reasonable times to inspect or perform the duties imposed by this
code, provided that such entry is authorized by the property ownerif such structure or premises is
- ' '. -- - .. -- . .. -- . If such
structure or premises is unoccupied, the code official shall first make a reasonable effort to locate
and contact the owner, owner's authorized agent or other person having charge or control of the
structure or premises and request entry. If entry is refused,the code official shall have recourse
to the remedies provided by law to secure entry.
D. Identification. The code official shall carry proper identification when inspecting structures or
premises in the performance of duties under this code.
E.Notices and orders. The code official shall issue all necessary notices or orders to ensure
compliance with this code.
F. 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 for the period required for retention of public records.
SECTION 88-5,APPROVAL
A. Modifications. Whenever there are practical difficulties involved in carrying out the
provisions of this code, the code official shall have the authority to grant modifications for
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official shall first find that special individual reason makes the strict letter of this code
impractical, the modification is in compliance with the intent and purpose of this code and that
granting modifications shall be recorded and entered in the department files.
B. Used material and equipment. The use of used materials that meet the requirements of this
. . .. - . . -- .. '. .Reserved.
SECTION 88-6, VIOLATIONS
A. 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.
B.Notice of violation. The code official shall serve a notice of violation or order in accordance
with Section 88 7the Town Code of Ordinances, Chapter 2, Division V.
C. Prosecution of violation. Any person failing to comply with a notice of violation or order
served in accordance with Section 88 7 shall be deemed guilty of a misdemeanor or civil
liability offense. If the notice of 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 or 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
which the structure is located and shall be a lien upon such real estateThe prosecution of a
violation shall be in accordance with the Town Code of Ordinances. Chapter 2. Division V.
D. 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 within the limits provided
by state or local laws. Each day that a violation continues after due notice has been served shall
be deemed a separate offense.
E. 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 88-7,NOTICES AND ORDERS
A.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 she
given shall be in accordance with the Town Code of Ordinances, Chapter 2, Division V in the
. . . . . . . . . .
specified in this code. Notices for condemnation procedures shall also comply with Section 88
f
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.
6. Include a statement of the right to file a lien in accordance with Section 88 6.C.
C. Method of service. Such notice shall be-deemed to be properly served if a copy thereof is:
I. Delivered personally;
2. Sent by certified or first class 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.
D. Unauthorized tampering. Signs,tags or seals posted or affixed by the code official shall not be
mutilated, destroyed or tampered with, or removed without authorization from the code official.
E. Penalties. Penalties for noncompliance with orders and notices shall be in accordance with the
Town Code of Ordinances. Chapter 2, Division V shall be as set forth in Section 88 6.D.
F. 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 unit or structure to another until
the provisions of the compliance order or notice of violation have been complied with, or until
such owner or the owner's authorized agent shall first furnish the grantee,transferee, mortgagee
or lessee a true copy of any compliance order or notice of violation issued by the code official
and shall furnish to the code official a signed and notarized statement from 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 88-8, UNSAFE STRUCTURES AND EQUIPMENT
A. 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.
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 damaged, decayed, dilapidated, structurally
unsafe or of such faulty construction or unstable foundation, that partial or complete
collapse is possible.
2. Unsafe equipment. Unsafe equipment includes any 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.
3. Structure unfit 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 contamination, 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.
B. Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by
more persons than permitted under this code, or was erected, altered or occupied contrary to law.
C. Dangerous structure or premises. For the purpose of this code, any structure or premises that
has any or all of the conditions or defects described below shall be considered dangerous:
1. Any door, aisle, passageway, stairway, exit or other means of egress that does not
conform to the approved building or fire code of the jurisdiction as related to the
requirements for existing buildings.
2. The walking surface of any aisle, passageway, stairway, exit or other means of egress
is so warped,worn loose,torn or otherwise unsafe as to not provide safe and adequate
means of egress.
3. Any portion of a building, structure or appurtenance that has been damaged by fire,
earthquake,wind, flood, deterioration, neglect, abandonment, vandalism or by any other
cause to such an extent that it is likely to partially or completely collapse, or to become
detached or dislodged.
4. Any portion of a building, or any member, appurtenance or ornamentation on the
exterior thereof that is not of sufficient strength or stability, or is not so anchored,
attached or fastened in place so as to be capable of resisting natural or artificial loads
of one and one-half the original designed value.
5. The building or structure, or part of the building or structure, because of dilapidation,
deterioration, decay, faulty construction, the removal or movement of some portion of
the ground necessary for the support, or for any other reason, is likely to partially or
completely collapse, or some portion of the foundation or underpinning of the building or
structure is likely to fail or give way.
6. The building or structure, or any portion thereof, is clearly unsafe for its use and
occupancy.
7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned
so as to become an attractive nuisance to children who might play in the building or
structure to their danger,becomes a harbor for vagrants, criminals or immoral persons, or
enables persons to resort to the building or structure for committing a nuisance or an
unlawful act.
8. Any building or structure has been constructed, exists or is maintained in violation of
any specific requirement or prohibition applicable to such building or structure provided
by the approved building or fire code of the jurisdiction, or of any law or ordinance to
such an extent as to present either a substantial risk of fire, building collapse or any other
threat to life and safety.
9. A building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined
by the code official to be unsanitary, unfit for human habitation or in such a condition
that is likely to cause sickness or disease.
10. Any building or structure, because of a lack of sufficient or proper fire-resistance-
rated construction, fire protection systems, electrical system, fuel connections,
mechanical system,plumbing system or other cause, is determined by the code official to
be a threat to life or health.
11. Any portion of a building remains on a site after the demolition or destruction of the
building or structure or whenever any building or structure is abandoned so as to
constitute such building or portion thereof as an attractive nuisance or hazard to the
public.
D. 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 or owner's authorized agent 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 shall be collected by any other legal
resource.
1. Authority to disconnect service utilities.
The code official shall have the authority to authorize disconnection of utility service to
the building, structure or system regulated by this code and the referenced codes and
standards set forth in Section 88-2.G in case of emergency where necessary to eliminate
an immediate hazard to life or property or where such utility connection has been made
without approval. The code official shall notify the serving utility and,whenever
possible,the owner or owner's authorized agent and occupant of the building, structure
or service system of the decision to disconnect prior to taking such action. If not notified
prior to disconnection the owner, owner's authorized agent or occupant of the building
structure or service system shall be notified in writing as soon as practical thereafter.
E.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, owner's authorized agent or the person or
persons responsible for the structure or equipment in accordance with Section 88-7.C. If the
notice pertains to equipment, it shall be placed on the condemned equipment. The notice shall be
in the form prescribed in Section 88-7.B.
F. Placarding. Upon failure of the owner, owner's authorized agent or person 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.
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 subject to the penalties provided by this
code.
G. 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 a placarded
premises or shall operate placarded equipment, and any owner, owner's authorized agent or
person responsible for the premises who shall let anyone occupy a placarded premises or operate
placarded equipment shall be liable for the penalties provided by this code.
H. Abatement methods. The owner, owner's authorized agent, operator or occupant of a
building, premises or equipment deemed unsafe by the code official shall abate or cause to be
abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other
approved corrective action.
I. Record. The code official shall cause a report to be filed on an unsafe condition. The report
shall state the occupancy of the structure and the nature of the unsafe condition.
SECTION 88-9, EMERGENCY MEASURES
A. Imminent danger. When, in the opinion of the code official,there is imminent danger of
failure or collapse of a building or structure that 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 operation of defective or dangerous equipment,the code official is hereby
authorized and empowered to order and require the occupants to 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.
B. 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.
C. 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.
D. Emergency repairs. For the purposes of this section,the code official shall employ the
necessary labor and materials to perform the required work as expeditiously as possible.
E. 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 or owner's authorized agent where the unsafe structure is or
was located for the recovery of such costs.
F. Hearing. Any person ordered to take emergency measures shall comply with such order
forthwith. Any affected person shall thereafter, upon petition directed to the Code Enforcement
Board, be afforded a hearing as described in Chapter 2, Administration, Article V, Code
Enforcement.
SECTION 88-10, DEMOLITION
A. General. The code official shall order the owner or owner's authorized agent of any premises
upon which is located any structure, which in the code official's or owner's authorized agent
judgment after review is so deteriorated or dilapidated or has become so out of repair 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
board up and hold for future repair 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,the code official shall order the owner or owner's authorized agent to demolish and
remove such structure, or board up until future repair. Boarding the building up for future repair
shall not extend beyond one year, unless approved by the building official.
B.Notices and orders.Notices and orders shall comply with Section 88-7.
C. Failure to comply. If the owner of a premises or owner's authorized agent 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.
SECTION 88-11, MEANS OF APPEAL
A. Application for appeal. Any person directly affected by a decision of the code official or a
notice or order issued under this code shall have the right to appeal to the Code Enforcement
Board. in accordance with Chapter 2, Administration. Article V. Code Enforcement. An
application for appeal shall be based on a claim that the true intent of this code or the rules
legally adopted thereunder have been incorrectly interpreted,the provisions of this code do not
fully apply. or the requirements of this code are adequately satisfied by other meansAppeals and
hearings shall be in accordance with the Town Code of Ordinances, Chapter 2, Division V.
SECTION 88-12, STOP WORK ORDER
A.Authority. Whenever the code official finds any work regulated by this code being performed
in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code
official is authorized to issue a stop work order.
B. Issuance. A stop work order shall be in writing and shall be given to the owner of the
property,to the owner's authorized agent, or to the person doing the work. Upon issuance of a
stop work order,the cited work shall immediately cease. The stop work order shall state the
reason for the order and the conditions under which the cited work is authorized to resume.
C. Emergencies. Where an emergency exists,the code official shall not be required to give a
written notice prior to stopping the work.
ARTICLE 2 - DEFINITIONS
SECTION 88-13, GENERAL
A. Scope. Unless otherwise expressly stated,the following terms shall, for the purposes of this
code, have the meanings shown in this chapter.
B. 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.
C. Terms defined in other codes. Where terms are not defined in this code and are defined in the
Florida Building Codes, the Florida Fire Prevention Code, or NFPA 70, such terms shall have the
meanings ascribed to them as stated in those codes.
D. Terms not defined. Where terms are not defined through the methods authorized by this
section, such terms shall have ordinarily accepted meanings such as the context implies.
E. Parts. Whenever the words "dwelling unit," "dwelling,""premises,""building,""rooming
house," "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 88-14, GENERAL DEFINITIONS
ANCHORED. Secured in a manner that provides positive connection.
APPROVED. Acceptable to the code official.
BASEMENT. That 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 in either a
dwelling or sleeping unit.
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.
COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the
actual costs of the demolition or repair of the structure less revenues obtained if salvage was
conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses
incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and
abatement if necessary; costs of inspectors,testing agencies or experts retained relative to the
demolition or emergency repairs; costs of testing; surveys for other materials that are controlled
or regulated from being dumped in a landfill;title searches; mailing(s); postings; recording; and
attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an
order of demolition made by a code official,the governing body or board of appeals.
DETACHED. When a structural element is physically disconnected from another and that
connection is necessary to provide a positive connection.
DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness.
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 the legal fee owner(s) of the property. The easement shall be permitted to be
for use under, on or above a said lot or lots.
EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured
elements, including braces, frames, lugs, snuggers, hangers or saddles,that transmit gravity load,
lateral load and operating load between the equipment and the structure.
EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the
control of owners or operators of such premises.
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
sides 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 spaces.
HISTORIC BUILDING. Any building or structure that is one or more of the following:
1. Listed or certified as eligible for listing,by the State Historic Preservation Officer or
the Keeper of the National Register of Historic Places, in the National Register of
Historic Places.
2. Designated as historic under an applicable state or local law.
3. Certified as a contributing resource within a National Register or state or locally
designated historic district.
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. Equipment, materials or products to which have 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 whose labeling indicates either that the equipment,
material or product meets identified standards or has been tested and found suitable for a
specified purpose.
LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building,premise 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.
NEGLECT. The lack of proper maintenance for a building or structure.
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 legal or equitable interest in
the property; or recorded in the official records of the state, 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 possession of real property by a court.
PERSON. An individual, corporation,partnership or any other group acting as a unit.
PEST ELIMINATION. The control and elimination of insects, rodents or other pests by
eliminating their harborage places; by removing or making inaccessible materials that serve as
their food or water; by other approved pest elimination methods.
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 of wood, coal, coke and other combustible materials, paper,
rags, cartons, boxes, wood, excelsior,rubber, leather, tree branches, yard trimmings,tin cans,
metals, mineral matter, glass, crockery and dust and other similar materials.
SLEEPING UNIT. A room or space in which people sleep,which can also include permanent
provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms
and spaces that are also part of a dwelling unit are not sleeping units.
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.
ULTIMATE DEFORMATION. The deformation at which failure occurs and which shall be
deemed to occur if the sustainable load reduces to 80 percent or less of the maximum strength.
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
ARTICLE 3 - GENERAL REQUIREMENTS
SECTION 88-15, GENERAL
A. Scope. The provisions of this chapter shall govern the minimum conditions and the
responsibilities of persons for maintenance of structures, equipment and exterior property.
B. Responsibility. The owner of the premises shall maintain the structures and exterior property
in compliance with these requirements, except as otherwise provided for in this code. A person
shall not occupy as owner-occupant or permit another person to occupy premises that are not in a
sanitary and safe condition and that do not comply with the requirements 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.
C. Vacant structures and land. Vacant structures and premises thereof or vacant land shall be
maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a
blighting problem or adversely affect the public health or safety.
SECTION 88-16, EXTERIOR PROPERTY AREAS
A. Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary
condition. The occupant shall keep that part of the exterior property that such occupant occupies
or controls in a clean and sanitary condition.
B. Grading and drainage. 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.
Exception: Approved retention areas and reservoirs.
C. Sidewalks and driveways. Sidewalks, walkways, stairs, driveways,parking spaces and similar
areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
D. Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in
excess of 8 inches.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. Upon failure of the owner or agent having charge of a
property to cut and destroy weeds after service of a notice of violation, they shall be subject to
prosecution in accordance with Section 88-6.0 and as prescribed by the authority having
jurisdiction. Upon failure to comply with the notice of violation, 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.
E. Rodent harborage. 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 that will not be injurious to human health. After pest elimination, proper precautions
shall be taken to eliminate rodent harborage and prevent reinfestation.
F. 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.
G. Accessory structures. Accessory structures, including detached garages, fences and walls,
shall be maintained structurally sound and in good repair.
H. Motor vehicles. Except as provided for in other regulations, no inoperative 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.
Exception: A vehicle of any type is permitted to undergo major overhaul, including body work,
provided that such work is performed inside a structure or similarly enclosed area designed and
approved for such purposes.
I. 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 the responsibility of the owner to restore said surface
to an approved state of maintenance and repair.
SECTION 88-17, SWIMMING POOLS, SPAS AND HOT TUBS
A. Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and
in good repair.
B. Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches
in depth shall be completely surrounded by a fence or barrier not less than 48 inches 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 not less than 54 inches 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 from the
gatepost.No existing pool enclosure shall be removed, replaced or changed in a manner that
reduces its effectiveness as a safety barrier.
Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be
exempt from the provisions of this section.
SECTION 88-18, EXTERIOR STRUCTURE
A. 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.
B. Unsafe conditions. The following conditions shall be determined as unsafe and shall be
repaired or replaced to comply with the Florida Building Code or the Florida Existing Building
Code as required for existing buildings:
1. The nominal strength of any structural member is exceeded by nominal loads,the load
effects or the required strength;
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to
foundations is not capable of resisting all nominal loads or load effects;
3. Structures or components thereof that have reached their limit state;
4. Siding and masonry joints including joints between the building envelope and the
perimeter of windows, doors and skylights are not maintained,weather resistant or water
tight;
5. Structural members that have evidence of deterioration or that are not capable of safely
supporting all nominal loads and load effects;
6. Foundation systems that are not firmly supported by footings, are not plumb and free
from open cracks and breaks, are not properly anchored or are not capable of supporting
all nominal loads and resisting all load effects;
7. Exterior walls that are not anchored to supporting and supported elements or are not
plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly
anchored or are not capable of supporting all nominal loads and resisting all load effects;
8. Roofing or roofing components that have defects that admit rain, roof surfaces with
inadequate drainage, or any portion of the roof framing that is not in good repair with
signs of deterioration, fatigue or without proper anchorage and incapable of supporting
all nominal loads and resisting all load effects;
9. Flooring and flooring components with defects that affect serviceability or flooring
components that show signs of deterioration or fatigue, are not properly anchored or are
incapable of supporting all nominal loads and resisting all load effects;
10. Veneer, cornices, belt courses, corbels,trim, wall facings and similar decorative
features not properly anchored or that are anchored with connections not capable of
supporting all nominal loads and resisting all load effects;
11. Overhang extensions or projections including, but not limited to,trash chutes,
canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not
properly anchored or that are anchored with connections not capable of supporting all
nominal loads and resisting all load effects;
12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached
thereto, including guards and handrails, are not structurally sound, not properly anchored
or that are anchored with connections not capable of supporting all nominal loads and
resisting all load effects; or
13. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally
sound or not properly anchored, or that are anchored with connections not capable of
supporting all nominal loads and resisting all load effects.
Exceptions:
1. Where substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted where approved by the code
official.
C. Protective treatment. 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 or treatment. Peeling, flaking and
chipped paint shall be eliminated and surfaces repainted. 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. Metal surfaces subject to rust or corrosion shall be
coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized
and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior
surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
D. 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. Address numbers shall be Arabic numerals or alphabet
letters. Numbers shall be not less than 4 inches in height with a minimum stroke width of 0.5
inch maintained free from deterioration. and shall be capable of safely supporting the imposed
dead and live loads.
E. Foundation walls. Foundation walls shall be maintained plumb and free from open cracks and
breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
F. Exterior walls. 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.
G. 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, gutters and downspouts shall be maintained in good
repair and free from obstructions. Roof water shall not be discharged in a manner that creates a
public nuisance.
H. Decorative features. Cornices, belt courses, corbels, terra cotta trim, wall facings and similar
decorative features shall be maintained in good repair with proper anchorage and in a safe
condition.
I. Overhang extensions. 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. Where 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.
J. 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.
K. Chimneys and towers. Chimneys, cooling towers, smoke stacks, and similar appurtenances
shall be maintained structurally safe and sound, and in good repair. Exposed surfaces of metal or
wood shall be protected from the elements and against decay or rust by periodic application of
weathercoating materials, such as paint or similar surface treatment.
L. 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.
M. Window, skylight and door frames. Every window, skylight, door and frame shall be kept in
sound condition, good repair and weather tight.
1. Glazing. Glazing materials shall be maintained free from cracks and holes.
2. Openable windows. Every window, other than a fixed window, shall be easily
openable and capable of being held in position by window hardware.
N. 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 minimum 16 mesh per inch (16
mesh per 25 mm), and every screen door used for insect control 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.
O. Doors. Exterior doors, door assemblies, operator systems if provided, and hardware shall be
maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall
tightly secure the door. Locks on means of egress doors shall be in accordance with Section
88-43.C.
P. Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of
rodents, rain and surface drainage water.
Q. 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.
R. 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.
1. Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit
openable from the side from which egress is to be made without the need for keys,
special knowledge or effort and shall have a minimum lock throw of I inch. Such
deadbolt locks shall be installed according to the manufacturer's specifications and
maintained in good working order. For the purpose of this section, a sliding bolt shall not
be considered an acceptable deadbolt lock.
2. Windows. Operable windows located in whole or in part within 6 feet above ground
level or a walking surface below that provide access to a dwelling unit, rooming unit or
housekeeping unit that is rented, leased or let shall be equipped with a window sash
locking device.
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.
S. Gates. Exterior gates, gate assemblies, operator systems if provided, and hardware shall be
maintained in good condition. Latches at all entrances shall tightly secure the gates.
SECTION 88-19, INTERIOR STRUCTURE
A. General. The interior of a structure and equipment therein shall be maintained in good repair,
structurally sound and in a sanitary condition. Occupants shall keep that part of the structure that
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.
B. Unsafe conditions. The following conditions shall be determined as unsafe and shall be
repaired or replaced to comply with the Florida Building Code or the Florida Existing Building
Code as required for existing buildings:
1. The nominal strength of any structural member is exceeded by nominal loads,the load
effects or the required strength;
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to
foundations is not capable of resisting all nominal loads or load effects;
3. Structures or components thereof that have reached their limit state;
4. Structural members are incapable of supporting nominal loads and load effects;
5. Stairs, landings, balconies and all similar walking surfaces, including guards and
handrails, are not structurally sound,not properly anchored or are anchored with
connections not capable of supporting all nominal loads and resisting all load effects;
6. Foundation systems that are not firmly supported by footings are not plumb and free
from open cracks and breaks, are not properly anchored or are not capable of supporting
all nominal loads and resisting all load effects.
Exceptions:
1. Where substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted when approved by the code official.
C. Structural members. Structural members shall be maintained structurally sound, and be
capable of supporting the imposed loads.
D. Interior surfaces. 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 corrected.
E. Stairs and walking surfaces. Every stair, ramp, landing, balcony,porch, deck or other walking
surface shall be maintained in sound condition and good repair.
F. 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.
G. 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 88-20, COMPONENT SERVICEABILITY
A. General. The components of a structure and equipment therein shall be maintained in good
repair, structurally sound and in a sanitary condition.
. • . .
• .. • . • •. . . .. • _ _ .. .. . . .. -. .b - . •C
1. Soils that have been subjected to any of the following conditions:
I.1. Collapse of footing or foundation system:
1.2. Damage to footing, foundation, concrete or other structural element due to
soil expansion;
1.3. Adverse effects to the design strength of footing, foundation, concrete or
other structural element due to a chemical reaction from the soil:
1.'1. Inadequate soil as determined by a geotechnical investigation:
1.5. Where the allowable hearing capacity of the soil is in doubt; or
1.6. Adverse effects to the footing. foundation. concrete or other structural
element due to the eround water table.
2. Concrete that has been subjected to any of the following conditions:
2.1. Deterioration:
2.2. Ultimate deformation;
2.3. Fractures;
2.1. Fissures;
2.5. Spatting;
2.6. Exposed reinforcement; or
2.7. Detached, dislodged or failing connections.
3. Aluminum that has been subjected to any of the following conditions:
3.1. Deterioration;
3.2. Corrosion;
3.3. Elastic deformation;
3.1. Ultimate deformation;
3.5. Stress or strain cracks;
3.6. Joint fatigue; or
3.7. Detached, dislodged or failing connections.
1.1. Deterioration;
1.2. Ultimate deformation:
4.3. Fractures in masonry or mortar joints:
11.1. Fissures in masonry or mortar joints;
4.5. Spalling;
1.6. Exposed reinforcement; or
1.7. Detached, dislodged or failing connections.
5. Steel that has been subjected to any of the following conditions:
5.1. Deterioration:
5.2. Elastic deformation;
5.3. Ultimate deformation;
5.1. Metal fatigue; or
5.5. Detached, dislodged or failing connections.
6. Wood that has been subjected to any of the following conditions:
6.I. Ultimate deformation:
6.2. Deterioration:
6.3. Damage from insects, rodents and other vermin;
6/1. Fire damage beyond charring;
6.5. Significant splits and checks;
6.6. Horizontal shear cracks;
6.7. Vertical shear cracks;
6.8. Inadequate support;
6.9. Detached, dislodged or failing connections; or
6.10. Excessive cutting and notching.
Exceptions:
1. Where substantiated otherwise by an approved method.
official. . .. ..
SECTION 88-21, HANDRAILS AND GUARDRAILS
A. 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 that is more than 30 inches above the floor or grade below shall
have guards. Handrails shall be not less than 30 inches in height or more than 42 inches in height
measured vertically above the nosing of the tread or above the finished floor of the landing or
walking surfaces. Guards shall be not less than 30 inches in height above the floor of the landing,
balcony, porch, deck, or ramp or other walking surface.
Exception: Guards shall not be required where exempted by the adopted building code.
SECTION 88-22, RUBBISH AND GARBAGE
A. Accumulation of rubbish or garbage. Exterior property and premises, and the interior of every
structure, shall be free from any accumulation of rubbish or garbage.
B. 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.
1. Rubbish storage facilities. The owner of every occupied premises shall supply
approved covered containers for rubbish, and the owner of the premises shall be
responsible for the removal of rubbish.
2. Refrigerators. Refrigerators and similar equipment not in operation shall not be
discarded, abandoned or stored on premises without first removing the doors.
C. 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.
approved mechanical food waste grinder in each dwelling unit; an approved incinerator
unit in the structure available to the occupants in each dwelling unit: or an approved
leakproof,covered, outside garbage container.
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 88-23, PEST ELIMINATION
A. Infestation. Structures shall be kept free from insect and rodent infestation. Structures in
which insects or rodents are found shall be promptly exterminated by approved processes that
will not be injurious to human health. After pest elimination, proper precautions shall be taken to
prevent reinfestation.
B. Owner. The owner of any structure shall be responsible for pest elimination within the
structure prior to renting or leasing the structure.
C. Single occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential
structure shall be responsible for pest elimination on the premises.
D. 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 pest
elimination 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
and owner shall be responsible for pest elimination.
E. 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 pest elimination.
ARTICLE 4 -LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
SECTION 88-24,GENERAL
-- - . - . . . _ - . - . -
requirements of this chapter.
C. Alternative devices. In lieu of the means for natural light and ventilation herein prescribed.
permitted.Reserved.
SECTION 88-25, LIGHT
,pace shall be 8 percent of the floor area of such room. Wherever walls or other portions of a
8 percent of the floor area of the interior room or space, but a minimum of 25 square feet. The
.. _ - - t! . .. -• .. . :
less than I footcandle (11 lux) at floors. landings and treads.
•
a - _ - - ' - . . . . . . _ - -
. ' • . - - ... • .. . - . . . - .Reserved.
SECTION 88-26, VENTILATION
minimum glazed area required in Section 88 25.A.
. . . - .. . . . -• -- - . • . --
permitted to be present in the rooming unit or dormitory unit.
Ekeeptiensi
I. Where specifically approved in writing by the code official.
2. Devices such as coffee pots and microwave ovens shall not be considered cooking
appliances.
Reserved.
SECTION 88-27,OCCUPANCY LIMITATIONS
shall be arranged to provide privacy and be separate from other adjoining spaces.
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3. The unit shall be provided with a separate bathroom containing a water closet, lavatory
and bathtub or shower.
1. The maximum number of occupants shall be three.
facilities for temporary storage.Reserved.
ARTICLE 5 - PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
SECTION 88-28, GENERAL
A. Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities
and plumbing fixtures to be provided.
B. 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
SECTION 88-29, REQUIRED FACILITIES
A. Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory,water
closet and kitchen sink that shall be maintained in a sanitary, safe working condition. 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 the required lavatory.
B. Rooming houses.Not less than one water closet, lavatory and bathtub or shower shall be
supplied for each four rooming units.
C. 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 10 occupants.
shall be available to employees.
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.
E. Public toilet facilities. Public toilet facilities shall be maintained in a safe. sanitary and
SECTION 88-30, TOILET ROOMS
A. 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. ::. . •: •- - :
B. Location. Toilet rooms and bathrooms serving hotel units,rooming units or dormitory units or
housekeeping units, shall have access by traversing not more than one flight of stairs and shall
have access from a common hall or passageway.
employees' working area. The required toilet facilities shall be located not more than one story
. . . - , a I -- . - - - - . . •- . - .. . - . . . •- - - .•-
employee and public facilities.
condition.
SECTION 88-31, PLUMBING SYSTEMS AND FIXTURES
A. General. 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 are designed. Plumbing fixtures shall be maintained in a safe,
sanitary and functional condition.
B. Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning.
C. Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes
a hazard to the occupant s 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 88-32, WATER SYSTEM
A. 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 to an approved
private water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be
supplied with hot or tempered and cold running water in accordance with the Florida Plumbing
Code.
C. Supply. The water supply system shall be installed and maintained to provide a supply of
- - . . ' - . - _ • • . - • •• •- . - . - . . .
•• - -- . : -•••••- . -- : 'o • ♦ ..
SECTION 88-33, SANITARY DRAINAGE SYSTEM
A. General. Plumbing fixtures shall be properly connected to either a public sewer system or to
an approved private sewage disposal system.
B. Maintenance. Every plumbing stack, vent,waste and sewer line shall function properly and be
kept free from obstructions, leaks and defects.
C. Grease interceptors. Grease interceptors and automatic grease removal devices shall be
maintained in accordance with this code and the manufacturer's installation instructions. Grease
d+ainage system. the public sewer.the private ` • - •• .. • . - -- : - - -
plant or processes. Records of ma'- • - •• - -by the code official.
SECTION 88-34, STORM DRAINAGE
A. 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.
ARTICLE 6-MECHANICAL AND ELECTRICAL REQUIREMENTS
SECTION 88-35, GENERAL
A. Scope. The provisions of this chapter shall govern the minimum mechanical and electrical
facilities and equipment to be provided.
B. 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
SECTION 88-36, HEATING FACILITIES - RESERVED
SECTION 88-37, MECHANICAL EQUIPMENT
A. Mechanical appliances. 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.
. . •. . ... , - . . -•- . .• - - . .
to an approved chimney or vent.
C. Clearances. Required clearances to combustible materials shall be maintained.
operation.
- . . . - , ! -, - . . . . - - . . - - . .
specifically approved. • . .
SECTION 88-38, ELECTRICAL FACILITIES
A. Facilities required. Every occupied building shall be provided with an electrical system in
compliance with the requirements of this section and Section 88-39.
B. Service. The size and usage of appliances and equipment shall serve as a basis for determining
the need for additional facilities in accordance with NFPA 70. Dwelling units shall be served by
a three-wire, 120/240 volt, single-phase electrical service having a minimum rating of 60
amperes.
C. 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.
exposed to water.
•- . - ..• - - - - - . .. 9 • . -. .
1. Enclosed switches. rated a maximum of 600 volts or less:
2. Busway. rated a maximum of 600 volts;
3. Panelboards, rated a maximum of 600 volts;
1. Switchboards, rated a maximum of 600 volts:
5. Fire pump controllers, rated a maximum of 600 volts:
6. Manual and magnetic motor controllers;
7. Motor control centers:
8. Alternating current high voltage circuit breakers;
9. Low voltage power circuit breakers:
10. Protective relays. meters and current transformers:
11. Low and medium voltage switchgear:
12. Liquid tilled transformers:
13. Cast resin transformers;
H. Wire or cable that is suitable for wet locations and whose ends have not been exposed
to water;
15. Wire or cable, not containing fillers, that is suitable for wet locations and whose ends
have not been exposed to water;
16. Luminaires that are listed as submersible;
17. Motors:
18. Electronic control, signaling and communication equipment.
exposed to fire. - -
water heating, security system and power distribution circuits, that have been exposed to
fire, shall be replaced in accordance with the provisions of the Florida Building Code.
Exception: Electrical switches, receptacles and fixtures that shall be allowed to be
repaired where an inspection report from the equipment manufacturer or approved
requires replacement.
SECTION 88-39, ELECTRICAL EQUIPMENT
A. Installation. Electrical equipment, wiring and appliances shall be properly installed and
maintained in a safe and approved manner.
B. Receptacles. Every habitable space in a dwelling shall contain not less than two separate and
remote receptacle outlets. Every laundry area shall contain not less than one grounding-type
receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain
not less than one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit
interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the
location.
C. Luminaires. Every public hall, interior stairway,toilet room, kitchen, bathroom, laundry
room, boiler room and furnace room shall contain not less than one electric luminaire. Pool and
spa luminaires over 15 volt shall have ground fault circuit interrupter protection.
D. Wiring. Flexible cords shall not be used for permanent wiring, or for running through doors,
windows, or cabinets, or concealed within walls, floors, or ceilings.
SECTION 88-40, ELEVATORS, ESCALATORS AND DUMBWAITERS
A. General. Elevators, dumbwaiters and escalators shall be maintained in compliance with the
Florida Elevator Safety Act(399, F.S.), F.A.C. 61C-5,the Florida Building Code,the Florida
Fire Prevention Code, and ASME A17.1. The most current certificate of inspection shall be on
display at all times within the elevator or attached to the escalator or dumbwaiter, be available
for public inspection in the office of the building operator or be posted in a publicly conspicuous
location approved by the code official. The inspection and tests shall be performed at not less
than the periodic intervals listed in ASME A17.1, Appendix N, except where otherwise specified
by the authority having jurisdiction.
B. Elevators. In buildings equipped with passenger elevators, not less than 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 88-41, DUCT SYSTEMS
A. General. Duct systems shall be maintained free of obstructions and shall be capable of
performing the required function.
ARTICLE 7 - FIRE SAFETY REQUIREMENTS
SECTION 88-42, GENERAL
A. 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.
B. 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 of this chapter.
SECTION 88-43, MEANS OF EGRESS
A. General. A safe, continuous and unobstructed path of travel shall be provided from any point
in a building or structure to the public way.
B. Means of egress components shall comply with the Florida Fire Prevention Code.
SECTION 88-44, FIRE-RESISTANCE RATINGS
A. Fire-resistance-rated assemblies and opening protectives shall comply with the Florida fire
prevention Code.
SECTION 88-45, FIRE PROTECTION SYSTEMS
A. General. 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 protection Code.
B. Fire protection systems, including but not limited to, automatic sprinkler systems, fire
department connections, and smoke detectors, shall comply with the Florida Fire Prevention
Code.
ARTICLE 8 - REFERENCED STANDARDS
This Article lists the standards that are referenced in various sections of this document. The
standards are listed herein by the promulgating agency of the standard, the standard
identification, the effective date and title. The application of the referenced standards shall be as
specified in Section 88-2.G.
ASME
American Society of Mechanical Engineers
Three Park Avenue
New York, NY 10016-5990
Standard reference number ASME A17.1/CSA B44, Title - 2013 Safety Code for Elevators and
Escalators
ASTM
ASTM Florida
100 Barr Harbor Drive
West Conshohocken, PA 19428-2959
Standard reference number, Title F 1346-91 (2010) Title - Performance Specifications for
Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot
Tubs
FBC
Florida Building Code, Florida Building Commission
Florida Department of Business & Professional Regulation
2601 Blair Stone Road
Tallahassee, FL 32399
Sixth Edition 2017 FBC Building Code
Sixth Edition 2017 FBC Existing Building Code
Sixth Edition 2017 FBC Fuel Gas Code
Sixth Edition 2017 FBC Mechanical Code
Sixth Edition 2017 FBC Plumbing Code
Sixth Edition 2017 FBC Residential Code
FFPC
Florida Fire Prevention Code
200 East Gaines Street
Tallahassee, FL 32399-0322
Sixth Edition 2017 Florida Fire Prevention Code
NFPA
National Fire Protection Association
1 Batterymarch Park
Quincy, MA 02269
Standard reference number Title 25-14, Title - Standard for the Inspection, Testing and
Maintenance of Water-Based Fire Protection Systems
Standard reference number 70-14, Title -National Electrical Code"
Section 2. Severability. If any provision of this Ordinance or the application therof is held
invalid, such invalidity shall not affect the other provisions or applications of this Ordinance
which can be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Town of Palm
Beach, Florida, or parts therof, which conflict with this or any part of this Ordinance are
hereby repealed.
Section 4. Codification. This Ordinance shall be codified and made a part of the official
Code of Ordinances of the Town of Palm Beach, Florida.
Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage
and approval, as provided by law.
PASSED AND ADOPTED in a regular,7,ardjourne:diessionofthe •-1'o1A in Council of the
Town of Palm Beach, Florida, on the First Reading this 9th day of April, 2019; and for the
Second and Final Reading on this 23rd day of April, 2019.
i 440 (443
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II L. Coniglio, Mayor Danielle H. Moore, Town Council President
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Margaret - . Zeidman, Co ncil Pre • ro Tern
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ATT ST: Lewis S.W. Crampton, own Council Member
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Kathleen Dominguez, Town Clerk I.) U Bobbie Lindsay,Town Co,ncil Me)mbe
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