§ 50-131. Adoption and administrative and technical amendments.

(a)

The provisions of the NFPA 70 National Electric Code (2008), as adopted by the National Fire Prevention Association, and as the same may be amended or updated from time to time, are hereby adopted by reference as if set out at length herein. It shall be unlawful to violate any sections of such NFPA National Electric Code.

(b)

The provisions of the NFPA 101 Life Safety Code (2011), as adopted by the National Fire Prevention Association, and as the same may be amended or updated from time to time, are hereby adopted by reference as if set out at length herein. It shall be unlawful to violate any sections of such NFPA Life Safety Code.

(c)

Pursuant to F.S. ch. 553, the provisions of the Florida Building Code, as adopted by the Florida Building Commission, and as may be amended from time to time by such Florida Building Commission, are adopted herein by reference as if set out at length herein, and shall apply to the construction, erection, alteration, modification, repair, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities in Levy County other than those specifically exempted by F.S. § 553.73, or by the Florida Building Code. Such Florida Building Code shall be enforced in the county as provided in F.S. § 553.80, as the same may be amended.

(d)

Pursuant to F.S. § 553.73(5), as the same may be amended, the following shall constitute administrative amendments to the Florida Building Code relating to flood resistance in order to implement the National Flood Insurance Program or incentives. The specific sections of the Florida Building Code referenced shall be amended as follows:

(1)

Sec. 104.10.1, Florida Building Code: Building

Add a new Sec. 104.10.1 as follows:

104.10.1 Modifications of the strict application of the requirements of the Florida Building Code. The building official shall coordinate with the floodplain administrator to review requests submitted to the building official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 117.

(2)

Sec. 107.6.1, Florida Building Code: Building

Add a new Sec. 107.6.1 as follows:

107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), the authority granted to the building official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to 105.14 and Section 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code.

(3)

Sec. 117, Florida Building Code, Building

Add a new Sec. 117 as follows:

117 VARIANCES IN FLOOD HAZARD AREAS

117.1 Flood hazard areas. Pursuant to section 553.73(5), Fla. Stat., the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the building official for variances to the provisions of Section 1612.4 of the Florida Building Code: Building or, as applicable, the provisions of R322 of the Florida Building Code: Residential. This section shall not apply to Section 3109 of the Florida Building Code: Building.

(e)

Pursuant to F.S. § 553.73(5), as the same may be amended, the following shall constitute technical amendments to the Florida Building Code relating to flood resistance in order to implement the National Flood Insurance Program or incentives. The specific sections of the Florida Building Code referenced shall be amended as follows:

(1)

Sec. R322.2.1 of the Florida Building Code: Building shall be amended as follows:

R322.2.1 Elevation requirements.

1.

Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 1 foot or the design flood elevation, whichever is higher.

2.

Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 1 foot (305 mm), or to the design flood elevation, whichever is higher.

3.

In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus 1 foot, or at least 3 feet if a depth number is not specified.

4.

Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus 1 foot or the design flood elevation, whichever is higher.

Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, shall meet the requirements of Section R322.2.2.

(Ord. No. 74-45, § 1, 7-16-1974; Ord. No. 93-7, § 1, 2, 9-21-1993; Ord. No. 2012-04 , § 2, 10-16-2012)

State law reference

Authority to adopt building codes, F.S. § 125.01(1)(i); Florida Building Codes Act, F.S. § 553.70 et seq.; Florida Electrical Code, F.S. § 553.15 et seq.