99-23219 RESO
RESOLUTION NO. 99-23219
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, REQUESTING THE
GOVERNOR OF THE STATE OF FLORIDA, THE ST ATE OF
FLORIDA LEGISLATURE, AND THE FLORIDA BUILDING
COMMISSION TO ADOPT AND ALLOW THE USE OF THE
SOUTH FLORIDA BUILDING CODE IN HURRICANE PRONE
AREAS SUCH AS THE CITY OF MIAMI BEACH AND TO DIRECT
THE CITY'S BUILDING OFFICIAL TO PRESENT TO THE
FLORIDA BUILDING COMMISSION ADEQUATE PROVISIONS
IN THE SOUTH FLORIDA BUILDING CODE WHICH WILL
MAINTAIN THE PRESENT LEVEL OF LIFE SAFETY
PROTECTION PROVIDED TO THE RESIDENTS OF THE CITY
OF MIAMI BEACH.
WHEREAS, the Florida Building Commission will submit to the State of Florida Legislature,
before the Year 2000 regular session, the Florida Building Code; and
WHEREAS, the Florida Building Commission is at present reviewing, revising and drafting the
Florida Building Code; and
WHEREAS, the City of Miami Beach is a coastal barrier island and its geographical location is
very likely to be subject to tropical hurricanes; and
WHEREAS, the proposed drafts of the Florida Building Code will not ensure the adequate
protection of the structural and envelope components of buildings, administrative safeguards, including
local enforcement procedures, satisfactory permit plans review and capable construction inspection; and
WHEREAS, there is an immediate need to address this issue on an emergency basis.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT THE MAYOR AND CITY
COMMISSION:
Herein request the Governor of the State of Florida, the State of Florida Legislature, and the Florida
Building Commission to adopt and allow the use of the South Florida Building Code in hurricane prone
areas such as the City of Miami Beach and to direct the City's Building Official to present to the Florida
Building Commission adequate provisions in the Florida Building Code which will maintain the present
level of life safety protection provided to the residents of the City of Miami Beach.
PASSED and ADOPTED this 23rd
day of
June
,1999.
ATTEST:
~+-r ttt~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach.f1.us
COMMISSION MEMORANDUM NO. ~9
TO:
Mayor Neisen O. Kasdin and
Members of the City Co mission
DATE: June 23, 1999
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
A RESOLU OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, REQUESTING THE GOVERNOR OF
THE STATE OF FLORIDA, THE STATE OF FLORIDA LEGISLATURE,
AND THE FLORIDA BillLDING COMMISSION TO ADOPT AND ALLOW
THE USE OF THE SOUTH FLORIDA BUILDING CODE IN HURRICANE
PRONE AREAS SUCH AS THE CITY OF MIAMI BEACH AND TO
DIRECT THE CITY'S BUILDING OFFICIAL TO PRESENT TO THE
FLORIDA BillLDING COMMISSION ADEQUATE PROVISIONS IN THE
SOUTH FLORIDA BillLDING CODE WHICH WILL MAINTAIN THE
PRESENT LEVEL OF LIFE SAFETY PROTECTION PROVIDED TO THE
RESIDENTS OF THE CITY OF MIAMI BEACH.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The building industry in the State of Florida is regulated by four uniform building codes. The Florida
Legislature, through the enactment of HB 4181 two years ago mandated a new building code for the
State of Florida.
ANALYSIS
The primary purpose of the new code was to eliminate all other codes in the state and replace it with
one code that could be workable and could be used throughout the state.
The Governor's Office assigned this special task to a group known as the Governor's Building Code
Study Commission. Through the Commission, Technical Advisory Committees and Task Groups
were formed to fine tune and update the codes for use by the State of Florida.
As a result of the fmdings of the committee, it was decided to adopt the Standard Building Code and
incorporate the Accessibility and Energy codes within this document to be used as part of the Florida
Building code.
115
AGENDA ITEM--C.....::l..I-
DATE <.,-23- '15
That process has led to the degradation of the strict standards that are in place in Dade and Broward
Counties as part of the South Florida Building Code.
The present drafts of the proposed Florida Building Code do not provide for wind-resistant structural
and envelope components for our buildings, adequate administrative safeguards, satisfactory plan
review and capable construction inspections.
The Miami-Dade County Board of County Commissioners, and Mayor Alex Penelas endorsed
Resolution No. R- 443-99 (copy attached). The resolution petitions the State Legislature to adopt
a building code that will maintain the level of life safety currently provided by the South Florida
Building Code for the residents of hurricane prone areas such as Miami-Dade and other South
Florida Counties.
CONCLUSION
The new building code is scheduled to become effective January 1, 2001. We believe that in South
Florida we should not have to enforce a code that we believe is inferior to our present system.
The City of Miami Beach would benefit from the incorporation of the stricter standards of the South
Flori~a uilding ;de in the proposed Florida Uniform Building Code.
SR:J. :P A:ehs
T:\AGE' A\1999\JUN2399\REGULAR\FBC.WPD
116
MIAMI-DADE COUNTY, FLORIDA
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STEPHEN P. CLARK CENTER
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June 1, 1999
OFFICE OF COUNTY MANAGER
SUITE 2910
111 NW.1stSTREET
MIAMI, FLORIDA 33128-1994
(305) 375-5311
Mr. Sergio Rodriguez
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Dear Mr. Rodriguez:
On April 27, 1999 the Board of County Commissioners adopted, and Mayor Alex Penelas endorsed,
Resolution No. R-443-99 (copy attached). The resolution petitions the State Legislature to adopt a
building code that will maintain the level of life safety currently provided by the South Florida
Building Code for the residents of hurricane prone areas such as Miami-Dade and other South
Florida Counties.
Miami-Dade County is the most populous county in the State of Florida, and our geographical
location puts us in the historical path of the majority of hurricanes. Millions of our citizens must
remain in their homes during hurricane occurrences, and we need a building code that will ensure
the structural integrity of those homes. The present drafts of the proposed Florida Building Code do
not provide for wind resistant structural and envelope components for our buildings, adequate
administrative safeguards, satisfactory plan, review and capable construction inspections. We need
you and your fellow administrators to assist us in preserving the level of life safety provided by our
South Florida Building Code.
Thank you for your consideration of this matter and please do not hesitate to contact me if you desire
additional information.
M. . Stierheim
County Manager
cc: Honorable Alex Penelas, Mayor
Honorable Chairperson and Members
Board of County Commissioners
I.
Approved OJ ~ ''4 ~V!Ilayor
Veto
Not On
Agenda Item No. 7(C)(2)(A)
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Override
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OF CO'JNT"f ':("J~.,jMIS::-,iCi'l'::.1;:::
DADE COUNTY. FLORIDJ
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RESOLUTION NO.
R-443-99
RESOLUTION REQUESTING THE FLORIDA
BUILDING COMMISSION TO ADOPT A FLORIDA
BUILDING CODE THAT WILL MAINTAIN THE
CURRENT LEVEL OF LIFE SAFETY PROVIDED TO
THE RESIDENTS OF MIAMI-DADE COUNTY
WHEREAS, the Florida Building Commission will submit to the State of Florida
Legislature, befqre the year 2000 regular session, the Florida Building Code; and
WHEREAS, the Florida Building Commission is at present reviewing, revising and
drafting the Florida Building Code; and
WHEREAS, Miami-Dade County is the most populated County and its geographical
location in the State of Florida is the most likely to be subject to tropical hurricanes; and
WHEREAS, the proposed drafts of the Florida Building Code will not ensure the
adequate protection of the structural and envelope components of buildings; administrative
safeguards, satisfactory permit plans review and capable construction inspection; and
WHEREAS, there is an immediate need to address this issue on an emergency basis,
t-.:,:,
~"'-
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1.
The Mayor of Miami-Dade County and the Miami-Dade County Board of
County Commissioners hereby petition the Governor of the State of Florida, the State of Florida
LegislatUre and the Florida Building Commission to adopt and allow the use of the South Florida
..
Building Code in hurricane prone areas such as Miami-Dade County.
Section 2,
Direct the County Manager to present to the Florida Building Commission
adequate provisions in the Florida Building Code, and to take all other appropriate actions, which
6-
, .
Not On
Agenda Item No. 7(C)(2)(A)
Page NO.2
will maintain the present level of life safety protection provided to the residents of Miami-Dade
County.
Section 3.
The Clerk of the Board be directed to deliver copies of this resolution to
the Broward County and Monroe County Board of County Commissioners, and the Director of
the Federal Emergency Management Agency.
The foregoing resolution was sponsored by Commissioner Miguel Diaz de la Portilla
and offered by Commissioner Mi3E1 Dim <E ]a Jb:tilla
The motion was seconded by Commissioner
put to a vote, the vote was as follows:
'OJ:
Dr. Miriam Alonso
Dr. Barbara M. Carey-Shuler
Betty T. Ferguson
Natacha Seijas Millan
Dennis C. Moss
Dorrin D. Rolle
Bje
Bje
Bje
Bje
Bje
Bje
Javier D. Souto
Ian:is c. M:Es
, who moved its adoption.
and upon being
Bruno A Barreiro
Miguel Diaz de la Portilla
Gwen Margolis
Timmy L. Morales
Pedro Reboredo
Katy Sorenson
Bje
Bje
Bje
Bje
Bje
ciBtt
Bje
The Chairperson thereupon declared the resolution duly passed and adopted this 27th day
of April, 1999. This resolution shall become effective ten (10) days after the date of-its adoption
unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this
Board.
Approved by County Attorney as
to form and legal sufficiency. RRt.
=s
,
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS
HARVEY RUVIN, CLERK
By:J{AY SULLIVAN
Deputy Clerk