Chapter 13 - BUILDING CODE

Sec. 11.14. - Penalty. Chapter 14 - PROPERTY MAINTENANCE CODE Chapter 13 - BUILDING CODE[1]

Footnotes: --- (1) ---

Editor's note— Ord. of 7-22-2002, § 1, repealed ch. 13, §§ 13.01—13.17, and enacted in lieu thereof new §§ 13.01—13.21. The former §§ 13.01—13.17 were derived from Ord. of 10-2-1979, § 1; Ord. of 1-14-1980, § 1; Ord. of 12-29-1980, § 1; Ord. of 11-9-1981, § 1; Ord. of 3-5-1984, Doc. #18407; Ord. of 8-5-1985, Doc. #19625; Ord. of 8-25-1986, Doc. #20522; Res. of 8-31-1987, Doc. #21446; Res. of 11-2-1987, Doc. #21446-1; Ord. of 8-29-1988, Doc. #22352; Ord. of 9-18-1989, Doc. #23309; Ord. of 3-12-1990, Doc. #23702; Ord. of 2-10-1992, Doc. #25461; Ord. of 7-27-1992, Doc. #25890; Ord. of 4-4-1994, Doc. #27406; Ord. of 10-28-1996, Doc. #29755; Ord. of 5-24-1999, §§ 1—3, Doc. #32104; Ord. of 12-13-1999, § 3, Doc. #32494; and Ord. of 10-29-2001, § 1, Doc. #011029901.

Charter reference— Authority to condemn, remove dangerous, etc., buildings, ch. 13, §§ 38—39.6.

Cross reference— Building trades, ch. 14; electrical code, ch. 22; fire protection, ch. 24; gas code, ch. 29; sewer use, ch. 30; minimum standards codes, ch. 30A; plumbing code, ch. 47; air conditioning, refrigeration, heating and ventilating code, ch. 47A; streets and sidewalks, ch. 54; zoning, ch. 58; land subdivision, ch. 60.

ARTICLE I. - GENERAL[2]

Footnotes: --- (2) ---

Editor's note— Ord. No. 2012-10, § 1, adopted Mar. 26, 2012, deleted the former Art. I, §§ 13.01—13.11, and enacted a new Art. I as set out herein. The former Art. I pertained to similar subject matter and derived from an ordinance adopted Nov. 2, 2009, §§ 1, 2, Doc. #0911021104.

Sec. 13.1. - Florida Building Code Adopted.

The Florida Building Code Eighth Edition (2023) as updated by the Florida Building Commission on June 20, 2023, and adopted by Rule 61G20-1.001, Florida Administrative Code, is hereby adopted as the building code of the City of Orlando, Florida. The adopted version of the building code is hereby incorporated into this section as if fully set forth herein, and may be cited to as the Orlando Building Code, Eighth Edition (2023) All references to the "building code" within the Orlando City Code, and within ordinances and resolutions of Council, shall be construed as referring to the building code adopted by this section.

(Ord. No. 2012-10, § 1, 3-26-2012, Doc. #1203261201; Ord. No. 2015-34, § 1, 7-13-2015, Doc. #1507131201; Ord. No. 2018-4, § 1, 1-22-2018, Doc. #1801221202; Ord. No. 2021-41, § 1, 6-28-2021, Doc. #2106281206; Ord. No. 2024-6, § 1, 2-5-2024, Doc. #2402051203)

Sec. 13.2. - Local Administrative Amendments.

Pursuant to section 553.73(4)(a), Florida Statutes (2023), the following local amendments are hereby adopted to the administrative provisions of the building code:

(a)

Section 104 amended. Subsection 104.1 of the Building volume of the building code is hereby amended to read as follows:

104.1 General. The building official is hereby designated as an enforcement officer pursuant to Chapter 14, Orlando City Code, and as a code inspector for purposes of section 5.04(1), Orlando City Code.

(b)

Section 104 amended. Section 104 of the Building volume of the building code is hereby amended by adding subsection 104.12, to read as follows:

104.12 Unsafe structures. Buildings and other structures regulated by this code, including support systems such as plumbing, electrical, gas, and mechanical, that are unsafe or unsanitary are hereby made unlawful and shall be abated by repair or demolition by the building official pursuant to the Orlando City Code.

(c)

Section 105 amended. Subsection 105.4.1.4 of the Building volume of the building code is hereby amended to read as follows:

105.4.1.4 The fee for renewal, reissuance, or extension of a permit shall be set forth by the administrative authority. The building official may extend a permit no more than eight times and each extension may not exceed 90 days. The building official may require extension applicants to make their request on a form provided for such purpose.

(d)

Section 105 amended. Section 105 of the Building volume of the building code is hereby amended to add the following language to subsection 105.4.1.5:

105.4.1.5 Permit transfer. A permit may be transferred from one holder to another, and such transfer may occur before or after work has commenced. The building official shall transfer a permit upon receipt of a written, signed, and notarized request to do so from the owner of the real property to which the permit applies, and the payment of a fee set by resolution of Council and equal to the reasonably estimated administrative cost of transferring a permit. The building official may require transfer applicants to make their request on a form provided for such purpose.

(e)

Section 107 amended. Section 107.3.5 of the Building volume of the building code is hereby amended to read as follows:

Commercial Buildings: Building

8.

Structural requirements shall include:

Flood requirements in accordance with Section 1612, including lowest floor elevations, enclosures, declaration of land restriction (nonconversion agreement), flood damage-resistant materials.

Residential (one- and two-family):

6.

Structural requirements shall include:

Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, declaration of land restriction (nonconversion agreement), equipment, and flood damage-resistant materials.

(f)

Section 109 amended. Subsection 109.6 of the Building volume of the building code is hereby amended to read as follows:

109.6 Refunds. The building official may refund permit fees if the permit has not expired, the project is cancelled, and no work has been done under the permit. The building official may require refund applicants to make their request on a form provided for such purpose. Refunds are subject to a fee set by resolution of Council and equal to the reasonably estimated administrative cost of refunding the permit fee and of the work conducted by the building official in the issuance of the permit.

(g)

Section 110.3 amended. Subsection 110.3 of the Building volume of the building code is hereby amended to read as follows:

Building (partial)

1.1 In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further vertical construction, the FEMA elevation certification (FEMA Form 086-0-33) shall be submitted to the authority having jurisdiction.

5.1. In flood hazard areas, as part of the final inspection, a final FEMA elevation certification (FEMA Form 086-0-33) of the lowest floor elevation shall be submitted to the authority having jurisdiction.

(Ord. No. 2012-10, § 1, 3-26-2012, Doc. #1203261201; Ord. No. 2015-34, § 1, 7-13-2015, Doc. #1507131201; Ord. No. 2018-29, § 1, 5-29-2018, Doc. #1805291206; Ord. No. 2021-41, § 1, 6-28-2021, Doc. #2106281206; Ord. No. 2021-65, § 1, 12-6-2021, Doc. #2112061202; Ord. No. 2024-6, § 1, 2-5-2024, Doc. #2402051203)

Sec. 13.3. - Ultimate Design Wind Speeds.

(a)

Pursuant to "Note 2," Figure 1609A, of the Building volume of the building code, the ultimate design wind speeds for Risk Category II buildings and other structures within the City is hereby interpolated as 135 miles per hour.

(b)

Pursuant to "Note 2," Figure 1609B, of the Building volume of the building code, the ultimate design wind speeds for Risk Category III and IV buildings and other structures within the City is hereby interpolated as 145 miles per hour.

(c)

Pursuant to "Note 2," Figure 1609C, of the Building volume of the building code, the ultimate design wind speeds for Risk Category I buildings and other structures within the City is hereby interpolated as 125 miles per hour.

(Ord. No. 2012-10, § 1, 3-26-2012, Doc. #1203261201; Ord. No. 2015-34, § 1, 7-13-2015, Doc. #1507131201)

Sec. 13.4. - Technical Amendments to the Florida Building Code, Building.

Pursuant to sections 553.73(4)(a) and 553.73(5), Florida Statutes, the following local amendments are hereby adopted to the technical provisions of the building code:

Section 1612 amended. Section 1612 of the Building volume of the building code is hereby amended to read as follows:

1612.4.3 Limitations on enclosures below elevated buildings. In addition to the requirements of ASCE 24 for enclosures below elevated buildings:

1.

Enclosed areas below the design flood elevation shall not be partitioned or finished into separate rooms except for stairwells, ramps, and elevators unless a partition is required by the fire code. The limitation on partitions does not apply to load bearing walls interior to perimeter wall (crawlspace) foundations.

2.

No more than one switch and one outlet connected to a ground-fault interrupt breaker are permitted below the elevated building.

3.

Access to enclosed areas shall be the minimum necessary to allow for the parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the building (stairway or elevator).

1612.5 Flood hazard documentation. The following documentation shall be prepared and sealed by a registered design professional and submitted to the building official:

1.

For construction in flood hazard areas other than coastal high hazard areas:

1.1. The elevation of the lowest floor, including basement, as required by the foundation inspection and the final inspection in Section 110.3.

1.2. For fully enclosed areas below the design flood elevation where provisions to allow for the automatic entry and exit of floodwaters do not meet the minimum requirements in Section 2.7.2.1 of ASCE 24, construction documents shall include a statement that the design will provide for equalization of hydrostatic flood forces in accordance with Section 2.7.2.2 of ASCE 24 including individual signed and sealed certification by a registered Florida professional engineer or International Code Council Evaluation Service, Inc. (ICC-ES) Evaluation Report.

1.3. For dry floodproofed nonresidential buildings, construction documents shall include a FEMA Floodproofing Certificate (FEMA Form 086-0-34) that the dry floodproofing is designed in accordance with ASCE 24.

(Ord. No. 2018-29, § 1, 5-29-2018, Doc. #1805291206; Ord. No. 2021-65, § 1, 12-6-2021, Doc. #2112061202)

Sec. 13.5 - Technical Amendments to the Florida Building Code, Residential.

Pursuant to sections 553.73(4)(a) and 553.73(5), Florida Statutes, the following local amendments are hereby adopted to the technical provisions of the building code:

(a)

Section R322 amended. Section R322.2.2 of the Residential volume of the building code is hereby amended as follows:

R322.2.2 Enclosed areas below design flood elevation. Enclosed areas, including crawl spaces, that are below the design flood elevation shall:

1.

Be used solely for parking of vehicles, building access or storage. The interior portion of such enclosed areas shall not be partitioned or finished into separate rooms except for stairwells, ramps, and elevators, unless a partition is required by the fire code. The limitation on partitions does not apply to load bearing walls interior to perimeter wall (crawlspace) foundations. Access to enclosed areas shall be the minimum necessary to allow for the parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the building (stairway or elevator). No more than one switch and one outlet connected to a ground-fault interrupt breaker are permitted below the elevated building.

(b)

Section R322.1.10. Section R322.1.10 of the Residential volume of the building code is hereby amended as follows:

R322.1.10 As-built elevation documentation. A registered design professional shall prepare and seal FEMA elevation certification FEMA (Form 086-0-33) to document the elevations specified in Section R322.2 or R322.3.

(Ord. No. 2018-29, § 1, 5-29-2018, Doc. #1805291206)

Secs. 13.6—13.15. - Reserved.

ARTICLE II. - RIGHT-OF-WAY MANAGEMENT PLAN

Sec. 13.16. - Obtaining Right-of-Way Permits.

(a)

Right-of-way permits are required for any use of the public rights-of-way for construction staging, installing or repairing aerial or underground utility lines/communications systems/conduit systems, or other uses.

(b)

Applications for permits must include four (4) sets of plans and two (2) sets of Maintenance of Traffic (MOT) plans.

(c)

An application for work involving a Street maintained by the Florida Department of Transportation (FDOT),or Orange County, or a Railroad right-of-way, must include a valid permit approval from the affected agency.

(d)

Contractor's must possess the appropriate State of Florida license for the specific type of work they are performing. Contractor also must comply with the "Underground Facility Damage Prevention Safety Act," Chapter 556, Florida Statutes.

(e)

A contractor commencing or completing any work without the required permit(s) will be charged a penalty fee equal to twice the sum of the permit(s) fee.

(Ord. of 7-22-2002, § 2, Doc. #020722701)

Sec. 13.17. - Obtaining Authorization to Identify and Mark Underground Facilities.

(a)

Any member operator who in accordance with the "Underground Facility Damage Prevention Safety Act", Chapter 556, Florida Statutes performs identification and marking of underground facilities, must obtain from the Office of Permitting Services an authorization to occupy the public rights-of-way for these purposes.

(b)

Requests for authorization to occupy the right-of-way will be processed in a manner that does not interfere with the time requirements stated in section 556.105 of Florida Statutes.

(Ord. of 7-22-2002, § 2, Doc. #020722701)

Sec. 13.18. - Restoration of the Public Right-of-Way.

(a)

The right-of-way utilization permits issued by the Office of Permitting Services to private companies, telecommunication companies, cable service providers and all other utility companies, requires that public rights-of-way will be restored to their original condition or better, within the time stipulated on the permit or as provided in City Code. The City Engineer may grant an additional extension of time upon showing of good cause. Any contractor who fails to comply with this Section shall not be issued any new permits until all violations have been satisfied.

(b)

Any work performed in the right-of-way, including restoration, shall be completed by the completion date specified in the permit unless the City Engineer grants a time extension. Upon completion of the work, the public right-of-way will be restored to their original condition or better.

(c)

If a contractor fails to restore the public right-of-way, including any paved surface, decorative pavers, curbs, or fixtures, to their original condition or better, or fails to complete such restoration work by the completion date specified in the permit or as otherwise specified or provided by the City, the City may perform any work or undertake any other activity, which it deems necessary to complete such work and/or restore the public rights-of-way. The contractor shall reimburse the City for any such costs.

(d)

A contractor shall guarantee the restoration of any public rights-of-way which the City determines have been affected or altered by any excavation in the public rights-of-way or any break or cut in any surface of the public rights-of-way made by such contractor for a period of twenty-four (24) months following the date of completion of restoration and approval by the City. Such contractor shall take such action, where the City deems it necessary to correct any deficiencies in such restoration work within such twenty-four (24) month period, shall commence such action no later than five calendar days after receipt of notice from the City or such other date as may be specified by the City, and complete such action promptly but not later than the date or any other deadline established by the City. Such contractor shall be liable to the City for any costs incurred in connection with any such corrective action.

(e)

The contractor shall insure that all monuments, section corners and property markers are protected.

(f)

All restoration work shall be done in accordance with the city's Engineering Standards Manual, and any other applicable standards, guidelines, or City Code provisions.

(Ord. of 7-22-2002, § 2, Doc. #020722701)

Sec. 13.19. - Mandatory Pre-Excavation Procedures.

(a)

A single construction permit shall be issued for each job; however, no more than ten (10) calendar days will be allowed to complete the work, including restoration from commencement of work. The City Engineer may approve an extension of time upon written request from the contractor showing good cause.

(b)

No contractor shall engage in any excavation or demolition in a public easement or right-of way without first marking the location of such proposed excavation with white paint, white flags, or white buoys, as appropriate; such markings shall conform to the recommended guidelines for uniform temporary markings of underground facilities as established by the American Public Works Association or the State of Florida, and shall occur before the person or entity provides the State One-Call Notification System, with any information as required by Chapter 556, Florida Statutes.

(c)

A separate permit shall be secured from the Office of Permitting Services for any exploratory digging, unless the exploratory work is done concurrently with the installation work. Restoration of all dig locations must comply with the City's Engineering Standards Manual standards or other applicable standards and guidelines.

(d)

Construction Bonds: Except in the event of an emergency, prior to issuing a permit where the work under the permit will require restoration of public right-of-way, the City may require a Construction Bond to secure the restoration of the public right-of-way in the amount of the estimated cost of restoration.

(e)

Any markings made by a contractor or member operator pursuant to either this section or Chapter 556, Florida Statutes, shall be made using chalk-based paint, except as permitted below. Any contractor or member operator who fails to comply with the requirements enumerated herein will be required to remove all markings and fully restore any damage, by methods approved by the City's Public Works Department. Markings shall be made with chalk-based paint on the sidewalk, brick pavers, asphalt, and any other surface other than earth or vegetation surfaces. Where markings are made on earth or vegetation surfaces, acrylic paint can be used. In areas where chalk-based paint is required, off set marks can be made with acrylic paint provided that such marks are made on earth or vegetation surfaces.

(Ord. of 7-22-2002, § 2, Doc. #020722701)

Sec. 13.20. - Excavation Procedures and Installation of Facilities.

(a)

Contractors are prohibited from removing or destroying any markings used by a member operator to mark the horizontal route of an underground facility. If markings are no longer visible, the contractor shall stop activities in that vicinity and notify the State One-Call Notification System to have the route marked.

(b)

No new underground facility shall be installed in such a way that creates a conflict with an existing underground facility unless the contractor submits a permit drawing showing the existence of the conflict. All conflicts of which the contractor is aware of when applying for a permit shall be disclosed on the permit drawing.

(Ord. of 7-22-2002, § 2, Doc. #020722701)

Sec. 13.21. - Applicability of Chapter 23.

(a)

Section 13.16 through 13.20 of this Article II are in addition and supplemental to the provisions of Chapter 23 of the City Code as the same pertain to the placement or maintenance of communications facilities in the public right-of-way.

(Ord. of 7-22-2002, § 2, Doc. #020722701)

Secs. 13.22—13.33. - Reserved.

ARTICLE III. - CRANES AND HOISTING EQUIPMENT[3]

Footnotes: --- (3) ---

Editor's note— Ord. of October 6, 2008, Doc. #0810061003, added §§ 13.22—13.28, however at the discretion of the editor these provisions have instead have been included as §§ 13.34—13.39 for the purpose of classification. See also the Code Comparative Table.

Sec. 13.34. - Definitions.

As used in this chapter, the following words and terms shall have the following meaning:

(a)

Crane—means a machine for lifting or hovering a load and moving it horizontally, in which the consisting mechanism is an integral part of the machine. It may be driven manually or by power and may be a fixed or mobile machine and includes tower crane and mobile tower crane. The term does not include stackers, lift trucks, power shovels, backhoes, excavators, concrete pouring equipment, or straddle type mobile boat hoists.

(b)

Hoisting Equipment—includes mast climbing work platforms, tower cranes, mobile cranes and personnel and material hoists.

(c)

Mast—A vertical structure that supports and guides the elevating assembly.

(d)

Mast Climbing Work Platform—A powered device consisting of an elevating assembly, base or chassis and mast, that when erected, is capable of supporting personnel, material, equipment, tools, and is capable of traveling vertically in infinitely adjustable increments to reach the desire work level.

(e)

Tower Crane—a hammerhead, luffing, or other type of tower crane that is regularly assembled and disassembled for use at various sites. It is usually characterized by provisions to facilitate erection and dismantling and may include features to permit climbing or telescoping.

(f)

Mobile Cranes—means a mobile or locomotive crane covered within the scope defined in current, American Society of Mechanical Engineers (ASME) B30.5 standards and includes crawler cranes, locomotive cranes, wheel mounted cranes, and any variation hereof that retain the same fundamental characteristics.

(g)

Personnel and Material Hoist—A mechanism and its hoistway for use in connection with the construction, alteration, on-going maintenance or demolition of a building, structure or other work. It is used for hoisting and lowering workers or material or both, and is equipped with a car that moves vertically on guide members.

(Ord. of 10-6-2008, § 1, Doc. #0810061003)

Sec. 13.35. - Purpose, Scope, Exceptions.

This chapter shall provide a uniform standard for the erection of Tower Cranes and Mobile Cranes within the City of Orlando on applicable threshold buildings that are buildings greater than three (3) stories in height, as defined by the Florida Building Code, current edition. This chapter shall be of uniform applicability throughout the City of Orlando. The following Hoisting Equipment is specifically exempted from the application of this chapter:

(a)

Mobile cranes having a boom length of less than 25 feet or a maximum rated load capacity of less than 15,000 pounds.

(b)

Electric line trucks.

(c)

Maritime terminal operations.

(d)

Aerial work platforms or boom supported platforms covered by the ANSI/SIA A92 series of standards.

(e)

Taxi/Mobile Rough Terrain Cranes, Boom Trucks, and Lattice Boom Crawler Cranes with a limited use of fifteen (15) consecutive calendar days or less.

(f)

Cranes of any description used for any other purpose other than the construction of new buildings greater than three (3) stories in height.

(g)

Any crane on a building construction site greater than three stories currently under construction as of the date of adoption of this ordinance is specifically exempted from this ordinance.

(Ord. of 10-6-2008, § 1, Doc. #0810061003)

Sec. 13.36. - Crane Siting.

Together with the permit documents, the permit applicant shall submit to the Building Official all required applications and/or approvals related to the operation of the crane on site, including but not limited to any required by the Federal Aviation Administration ("FAA") pursuant to 14 CFR Part 77 and FAA Advisory Circular AC70/7460-2K. Prior to the erection of the Crane, the permit applicant shall submit to the Building Official a Crane Operational Plan which includes:

(a)

A site plan identifying the location of the Crane; clearances from power lines, including overhead power lines; the location of adjacent buildings; and the structural foundation of the Crane.

(b)

Documentation as to the qualifications of the crane operator.

(c)

Documentation of the crane inspections performed periodically by a qualified and competent crane inspector to ensure that safety measures are in place during operation.

(d)

Documentation that the Crane lighting meets all FAA requirements.

(e)

Documentation of communication and signaling requirements for use with the operation of a Crane.

Failure to provide the Building Official with a Crane Operational Plan may result in one or all of the following: issuance of a stop-work order; the imposition of fines as set forth in Section 13.28.

(Ord. of 10-6-2008, § 1, Doc. #0810061003)

Sec. 13.37. - Communications.

When more than one crane is used within the same swing radius an independent and clear channel of radio communication and operable equipment to transmit same between the cranes shall be provided.

(Ord. of 10-6-2008, § 1, Doc. #0810061003)

Sec. 13.38. - Hurricane and High Wind Preparedness.

Hoisting Equipment shall abide by the following hurricane and high wind event precautions:

(1)

Hoisting Equipment shall abide by all manufacturers recommendations relating to hurricane and high wind event preparedness including any relating to the placement and removal of advertisement banners, the use and removal of rigging.

(2)

Tower crane turntable must be lubricated prior to the event.

(3)

Mobile cranes with fixed booms must be laid down whenever feasible.

(4)

Hydraulic cranes must have booms retracted and stored.

(5)

Any counterweighted hoist must have the counterweight locked below the top tie-in.

(6)

Tower crane must be set in the weathervane position.

(7)

All rigging must be removed from the hoist block.

(8)

All power at base of tower shall be disconnected by a general contractor.

(9)

A hurricane and high wind event preparedness plan which conforms with the requirements of this section and the National Oceanic and Atmospheric Administration (NOAA) standards shall be available at the site for inspection.

(Ord. of 10-6-2008, § 1, Doc. #0810061003)

Sec. 13.39. - Additional Enforcement.

In addition to other methods for enforcement provided in this Chapter, the City of Orlando Building Official shall be authorized to enforce the provisions of this Section through the issuance of civil violations fines in the manner more specifically provided in Section 13.28 of this Chapter. Violations of this Chapter involving any damages to the public health and safety may also be addressed by the City through an action in court for injunctive or other available relief.

(Ord. of 10-6-2008, § 1, Doc. #0810061003)

Sec. 13.39. - Civil Penalties.

The following table shows the sections of this Code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this chapter; and the dollar amount of civil penalty for the violation of these sections as they may be amended. The "descriptions of violations" below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the listed Code sections, except to the extent that different types of violations of the same Code section may carry different civil penalties.

EXPAND Code Section Description of Violation Civil Penalty 13.24 & 13.26 Failure to provide a Crane Operational Plan; Failure to provide a hurricane and high wind event preparedness plan per day per jobsite First fifteen (15) days after crane erection or installation per job site. $1,000 per day Continued violation beyond fifteen (15) days per job site. $2,500 per day Continued violation beyond thirty (30) days per job site. $5,000 per day

(Ord. of 10-6-2008, § 1, Doc. #0810061003)

Sec. 11.14. - Penalty. Chapter 14 - PROPERTY MAINTENANCE CODE