§ 2-6-18. Applicability.

(a)

The provisions of this article shall apply to all unsafe buildings and unsafe structures and shall apply equally to new and existing conditions.

(b)

Alterations, repairs or rehabilitation work:

(1)

Alterations, repairs or rehabilitation work may be made to any existing building or structure without requiring the building or structure to comply with all the requirements of the Florida Building Code, provided that the alteration, repair or rehabilitation work conforms to the requirements of the Florida Building Code for new construction. The building official shall determine, subject to appeal to the board, the extent, if any, to which the existing building or structure shall be made to conform to the requirements of the Florida Building Code for new construction.

(2)

Alterations, repairs or rehabilitation work shall not cause an existing building or structure to become unsafe.

(3)

If the occupancy classification of an existing building or structure is changed, the building or structure shall be made to conform to the Florida Building Code for the new occupancy classification which shall be established by the building official.

(4)

Repairs and alterations not covered by the preceding paragraphs of this section, restoring a building or structure to its condition previous to damage or deterioration, or altering a building or structure in conformity with the provisions of this article or in such manner as will not extend or increase an existing nonconformity or hazard, may be made with the same kind of materials as those of which the building or structure is constructed unless such materials are defined as hazardous under federal or state law or have been declared hazardous by a national testing agency; but not more than twenty-five (25) per cent of the roof covering of a building or structure shall be replaced in any period of twelve (12) months unless the entire roof covering is made to conform with the requirements of the Florida Building Code for new buildings or structures.

(c)

The provisions of this article relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or county as historic buildings or structures when such buildings or structures are determined by the building official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures. The applicant must submit complete architectural and engineering plans and specifications bearing the signature and seal of a registered professional engineer or architect and a certificate of appropriateness or other approval from a state or county board or agency with jurisdiction over historic buildings or structures.

(d)

All buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the Florida Building Code or the applicable building code in a building or structure when erected, altered or repaired shall be maintained in good working order. The owner, or his or her designated agent, shall be responsible for the maintenance of buildings and structures.

(Ord. No. 01-69, § 3, 12-18-01)