§ 5-189. International Property Maintenance Code adopted.

(a)

With the exceptions referenced below, the city hereby adopts the 2009 edition of the International Property Maintenance Code and International Fire Code published by the International Code Council, and incorporates the same by reference, including all codes incorporated therein and including all subsequent editions and revisions which may from time to time be made by the International Code Council. Copies of the International Property Maintenance Code and International Fire Code, together with this ordinance, are on file in the Office of the City Clerk of the City of South Daytona.

(b)

The following sections of the 2009 edition of the International Property Maintenance Code and International Fire Code are hereby amended as follows:

(1)

IPMC and IFC, Section 101.1. These regulations shall be known as the Property Maintenance Code (IPC), and International Fire Code (IFC), of the City of South Daytona, hereinafter referred to as "this Code."

(2)

IPMC, Section 102.3 and IFC, Section 102.4 entitled "Application of other codes and application of the International Building Code," is hereby amended to read as follows: Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the current edition of the Florida Building Code, Florida Fuel Gas Code, Florida Plumbing Code, Florida Mechanical Code, Florida Residential Code, Florida Existing Building Code and the National Electrical Code NFPA 70. Nothing in this Code shall be construed to cancel, modify, or set aside any provisions of the City of South Daytona's Consolidated Land Development Regulations. All references to the International Model Codes shall be changed to the equivalent currently adopted edition of the Florida Codes:

a.

International Building Code is Florida Building Code.

b.

International Plumbing Code is Florida Plumbing Code.

c.

International Mechanical Code is Florida Mechanical Code.

d.

International Fuel Gas Code is Florida Fuel Gas Code.

e.

International Residential Code is Florida Residential Code.

f.

International Existing Building Code is Florida Existing Building Code.

g.

International Electrical Code is National Electrical Code NFPA 70.

h.

International Fire Code is Florida Fire Prevention Code.

i.

International Zoning Code is City of South Daytona's Consolidated Land Development Regulations.

(3)

IPMC and IFC, Section 103.1, entitled "General," shall read as follows: The Community Development Department or designee is hereby charged with the primary responsibility of enforcing this Code.

(4)

IPMC and IFC, Section 103.2, entitled "Appointment," shall read as follows: The Code Official shall be appointed by the City Manager or designee.

(5)

IPMC, Section 103.5, entitled "Fees," is hereby deleted in its entirety.

(6)

IPMC, Section 106.2 and IFC, Section 109.2, entitled "Notice of Violation," is hereby deleted in its entirety.

(7)

IPMC, Section 106.3 and IFC, Section 109.2.3, entitled "Prosecution of Violation," is hereby deleted in its entirety.

(8)

IPMC, Section 107, entitled "Notices and Order," is hereby deleted in its entirety.

(9)

IPMC, Section 109, entitled "Emergency Measures," is hereby deleted in its entirety.

(10)

IPMC, Section 110, entitled "Demolition," is hereby deleted in its entirety.

(11)

IPMC, Section 111, entitled "Means of Appeal," of this Code is hereby deleted in its entirety.

(12)

IPMC, Section 201.4 and IFC, Section 201.4, entitled "Terms not Defined," is hereby amended to read as follows: Words not defined herein or in the referenced Florida Codes shall have meanings defined in the Florida Statutes, other documents, manuals, or standards adopted elsewhere in the Code of Ordinances. Words not defined in those documents shall have the meaning stated in the Webster's Ninth New Collegiate Dictionary, as revised.

(13)

IPMC, Section 302.4, entitled "Weeds," shall read as follows: All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches.

(14)

IPMC, Section 304.14, entitled "Insect Screens," shall read as follows: Year-round, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged, or stored, shall be supplied with approved, tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

(15)

IPMC, Section, entitled "Occupant," is hereby deleted in its entirety.

(16)

IPMC, Section 404.2, entitled "Minimum room widths," shall be amended to read as follows: A habitable room, other than a kitchen, shall not be less than 7 feet (2134 mm) in any plan dimension. For purposes of this Code, "habitable room" does not include space occupied by built-in equipment, including but not limited to wardrobes, cabinets, closets, utility spaces, storage areas, appliances, and other similar areas. Kitchens shall have a clear passageway of not less than 3 feet (914 mm) between counter fronts and appliances or counter fronts and walls.

(17)

IPMC, Section 404.4.1, entitled "Room Area," shall read as follows: Every living room shall contain at least 120 square feet, and every bedroom shall contain at least 70 square feet of habitable floor area. Every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of habitable floor area for each occupant. For purposes of this subsection, "occupant" is defined as a person 18 years or older. Also, for purposes of this Code, "habitable floor area" does not include space occupied by built-in equipment, including but not limited to built-in wardrobes, cabinets, closets, storage, or appliances, and other similar built-in areas.

At the time of the enactment of this Ordinance, dwelling units with bedrooms less than 70 square feet may be occupied by no more than one occupant per substandard sized bedroom.

(18)

IPMC, Section 404.4.5, entitled "Other requirements," is hereby deleted in its entirety.

(19)

IPMC, Section 602.3, entitled "Heat Supply," shall read as follows: Every owner and operator of any building who rents, leases, or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from November 15th to March 15th sufficient to maintain a temperature of not less than 68 degrees Fahrenheit in all habitable rooms, bathrooms, and toilet rooms.

(20)

IPMC, Subsection 602.4, entitled "Occupiable Work Spaces," shall read as follows: Indoor occupiable work spaces shall be supplied with heat during the period from November 15th to March 15th sufficient to maintain a temperature of not less than 68 degrees Fahrenheit during the period the spaces are occupied.

(21)

IPMC and IFC, Supplemental Code. The provisions of this Code shall be supplemental to all other codes and other ordinances of the City.

(22)

IPMC, Section 303.1, entitled "Swimming Pools" shall read as follows: Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. Swimming pools and spas shall be kept free of health hazards, including algae and debris accumulation and breeding conditions for mosquitoes.

(23)

IPMC, Section 605.2 Minimum Electrical Equipment. The minimum electrical service and equipment shall be as per the edition of NFPA 70, National Electrical Code that was in effect at the time the subject structure was built but no less than required by NFPA 70, NEC 2008 edition.

(23)

IPMC, Section 605.3, entitled "Luminaries," is hereby deleted in its entirety.

(24)

IPMC, Section 704.3 Power source. The subsection entitled "Exception," is deleted in its entirety.

(25)

IPMC, Section 704.4 Interconnection. The subsection entitled "Exceptions" is deleted in its entirety.

(Ord. No. 78-1, §§ 1, 2, 1-24-78; Ord. No. 79-10, §§ 1, 2, 7-10-79; Ord. No. 82-26, § 1, 9-14-82; Ord. No. 92-18, § 1, 9-14-92; Ord. No. 98-11, § 7, 5-26-98; Ord. No. 08-22, §§ 1, 2, 9-23-08; Ord. No. 10-09, § 2, 8-24-10)

Editor's note

Ord. No. 10-09, § 2, adotped Aug. 24, 2010, amended § 5-189 title to read as herein set out. Former § 5-189 title pertained to standard housing code adopted.