An Ordinance By The Pasco County Board Of County Commissioners Amending The Pasco County Code Of Ordinances, Chapter 18 Buildings And Building Regulations; Providing That Appeals Of Actions Taken Or Denial Of Proposed Construction Shall Be Heard By A Hearing Officer Using Same Rules And Procedure As Demolition Appeals When Such Denials Are Based On Load And Flood Requirements; Repealing Local Technical Amendments To Florida Building Code That Have Been Incorporated Into Florida Building Code By The State; Adding Requirements For Submittal Documents For Commercial And Residential Structures; Amending Definition Of “Substantial Improvement” To Clarify That Repairs Or Improvements Shall Be Calculated Based On The Cumulative Value Of Forty-Nine Percent And Repairs Made Within A One-Year Time Period And Clarifying When Corrections Of Code Violations May Be Excluded From Substantial Damage Calculations; Prohibiting Stem Wall Foundations In Coastal A Zones, Limiting The Use And Partition Of Enclosed Spaces Below The Design Flood Elevation; Correcting Incorrect Internal References And References To The Land Development Code Where Necessary; Providing For Applicability; Repealer; Providing For Severability; Inclusion Into The Code Of Ordinances, And An Effective Date.

22:41We have proof of publication of a previous meeting. This was continued at both the June twenty-first, twenty twenty-two board meetings. to August the ninth and then again at the ninth to this day.

22:56Madam Chair, item P sixty-six is an ordinance by the Pasco County Board of County Commissioners amending the Pasco County Code of Ordinances, Chapter 18, Buildings and Building Regulations.

23:08Taken or denial of proposed construction shall be heard by a hearing officer using same rules. and procedure as demolition appeals when such denials are based on load and flood requirements Repealing local technical amendments to Florida building code that have been incorporated to into Florida Building Code by the state, adding requirements for submittal documents for commercial and residential structures, amending definition of substantial improvement to clarify that repairs or improvements shall be calculated based on the cumulative value of 49% and repairs made

23:38within a one-year time period. And clarifying when corrections of code violations may be excluded from substantial damage calculations, prohibiting stem wall foundations and coastal A zones, limiting the use and partition of enclosed spaces below the design flood elevation, correcting incorrect internal references and references to the land development code where necessary, providing for applicability, repealer, providing for several inclusion into the code of ordinance. and an effective date and the presentation will be made by Sr. Yemi,

24:09the building official.

24:10Good, because I just heard something that said no stem walls. But I thought in all my meetings we had stem walls.

24:17Yes, for the coastal area. We have to say more.

24:21So why what did we just say with no stem walls? Because I'll be voting no on that one then.

24:27That is not what was in my meetings.

24:32All right.

24:33Can't leave Mistracio, Deputy Building Official. Chair uh Starkey. Uh yes ma'am, that is an error. Initially when the ordinance was developed, we did look at that as we had discussed. And due to the construction costs, as you know, when we did our research, it would just outweigh the benefits tremendously. Right. So that was removed, yes ma'am.

24:54Okay, so we need to correct this language. Yeah, that should be stricken from that area. Okay. Yeah, that was that was in every single one of my

25:03meetings.

25:07Chair Sally Sherman, Deputy County Administrator, the what was read into the record is the title that was advertised.

25:17So

25:18a motion will have to be made to change that to amend it.

25:21Okay, we'll just amend it. Will you That's what you advertised. So is it is the change more stringent or more liberal? It's it does the it

25:33it the it has been removed.

25:37That didn't answer my question. More stringent or more liberal?

25:43Then you can then the title in the motion the title can be revised uh as long as this this is not be becoming more stringent.

25:54Okay,

25:54great.

25:57No. I know I just oh you c beat me beat me too and you beat me too and I was like, I think that's an air.

26:04Thank you, Madam Chair. So this this afternoon I'm here to present uh this amending Code of Ordinance, Chapter 18, Buildings and Building Regulations. And Pasco Carrie Strategic Plan approved October 2021, Goal 1.1 states to promote and participate in the national flood insurance program. Uh really, uh Pasco County has been a member of the National Flood Insurance Program since November eighteenth,

26:35nineteen eighty one.

26:38And this allows residents of Pasco County to purchase federally backed flood insurance. And also we are participating in the community rating system. And this allows a particip uh citizens to uh providing them discount in their insurance premium. And right now we are class six rating. The lower the better. So with that it gives us opportunity to have twenty percent

27:09discount on all insurances for people in the special floor hazard areas.

27:16Next. So Pasco County Floor Zone Map has been adopted by FEMA since June 2020, and the overview is that Pasco County is in class six. CRS rating and uh a 20% discount and our the number of policies that are held by Pasco citizens as of twenty twenty-one is nineteen thousand plus, with a total savings of three point one million dollars.

27:48The proposed regulatory changes are four in number. And the first one is That uh appeals of actions taking or denial of proposed construction to be heard by hearing officer using the same rules and procedures as demolition appeals.

28:09The second one is requiring non-conversion agreements for certain structures under elevated buildings. And this is just to ensure that enclosed area below elevated buildings and below base flood elevation is recorded publicly. That is to allow our citizens or pro. prospective citizens to be able, homeowners to know that that area is inhabitable. The third one is repealing

28:40local technical amendments that have been incorporated into the Florida Building Code. We just figured out that there is no need duplicating efforts. Once it's already in the Florida Building Code, which I like to take it out of the Code of ordinance. Then the fourth and the last one is updating definition of substantial improvement. So staff is recommending approval of this and uh by recall. Excellent. Any questions? Well

29:10I got mine answered. Commissioner Mariano.

29:13On page six of eleven, it talks about minor grading and the placement of minor quantities of fills shall be permitted for landscaping. And for drainage purposes, under and around buildings, in support of parking slabs, pool decks. Mm-hmm. But you've got that red lined out. Why is that red lined out?

29:32Which one?

29:34Page six of eleven. Number four.

29:41Yeah.

29:51Bismuth.

29:53Okay. But they

29:54have to do

29:54the right-of-way. Page six of eleven. Starts with minigrating, it's red lined out.

30:00Because that's in the photographic code now for minigrating and also in the PEMA technical bulletin.

30:05So just like you said, we took it out because we don't need it. Okay. Next page over page seven of eleven. It said the period of accumulation begins when the permit for the first improvement or repair of such each building is issued. And extends for one year. Un or until the permit is closed.

30:25Mm-hmm.

30:28That accumulation return time is over. Okay. Um

30:36The next line the next section right in that number one, you've got a red line in here. It's except when the damages are caused by willful intent. or accumulative neglect by the owner or owners. Didn't they have different language of that with the state or the feds?

30:52No, that That was that was added by a county attorney.

30:59Okay, so we talked about this and this was gonna be pulled out.

31:05Yeah. Okay. So we've added a f a line in here and try to imagine a permit declaration. Uh item number one under the next under the next page, page seven eleven. The term does not however include either. And it puts a red line in here of except when the damages are caused by willful intent. or commute commutative neglect by owner or owners. And it's not in the Feds or the State's other paperwork we just added in by Attorney's Office. Is that what you're saying? Okay. So I want to get that stricken

31:35note. I don't want to change What the states and the Fed have done to make it any more cumbersome because you could have a Permit tech or whatever, looking at this and just make any decision on their own what they think was willful intent or commutative neglect.

31:50This is this is after a um violation. So if they if they if they're destroying their house and then asking for substantial improvement as like a loophole

32:01So I'm permitted commissioner permitted commissioners.

32:08is a separate line that we're adding in, correct? Correct. I don't want to add in any extra lines.

32:13Okay, Barbara's approaching and she worked a lot on this, so guys I'm gonna let her speak. Um

32:19Barbara Will Hide again, [address removed]. Sat in lots of I think it's just an oversight. Sat in a lot of meetings where that language gonna was gonna be removed. That's what I thought.

32:30And not from this one. So And I could there's email traffic with the county attorney's office. They were okay with it being removed, so I I'm okay with it being removed and

32:46Okay, so uh if the structure has sustained substantial damage or

32:51Was that added to prevent someone from damaging their own property or letting something

32:57here? That's why it was added.

32:58Because if I go and damage my home And now I'm allowed to do more than fifty percent. So It sounds like it should be in Yeah.

33:10Okay. County Attorney?

33:12This was specifically added for the property in your district, Commissioner Mariano. But if you want it out, we'll take it out.

33:18To me, I don't want like I said, I don't want to make it any more different, any different than what the state or the federal regulation, just because we're going to go throw a line in, I don't want to complicate the matter when that gets to staff.

33:27But I agree with um Not being allowed to damage your own property and then Make a run around. So is there a different way to say it?

33:37Um I gotta think it's already in the statutes the way it's listed. And this is just going over the top putting extra language in, which no other Feel more Regulation that they they know of has it, no state. So why do I want to be more intense on a line that could actually be very difficult, especially that cumulative neglect.

33:57Because if you purposely neglect your property or you cause Damage to your property. Now you're allowed to do more than forty nine percent of upgrades without having to wait.

34:14Tell me how they describe the other part of it. We'll give we'll go back to that one. Cumulative neglect, what does that mean? Just tell me that one there, cumulative neglect. What does that mean?

34:23Is it a timeframe that you're neglecting your property? Then

34:26who's

34:27judging that?

34:30If you've not if you've let your roof Disintegrate to a point where the structure is now has to be totally rebuilt, that would be cumulative neglect.

34:42I d I I don't want to occur encourage that.

34:45I don't no, I don't want to encourage it either, but my point to everything that we're doing here is I want to match what the State and the Feds needs to make sure we get the protections in for our citizens to get the best discounts they can and set ourselves up. But I don't want to go more intense what the state does. If nobody else has included that language in there, why are we including it in there? I don't see the necessary move for that.

35:05Mr Madam Chair? Yep. Mr. Steinsnyder. I mean, I know you were involved, right, in help work on this. What are your Lots.

35:14We added it to close a loophole because of enforcement cases that we've had to proceed on behalf of the county. That's why it's there. Okay.

35:24So this one I'm inclined to support staff on this one because I I don't want To encourage

35:32Yeah, I would

35:33Slum and Blight. Slum and Blight. Yeah.

35:39I agree.

35:40I agree.

35:42Uh let me have Barbara talk to her because we've talked about this extensively. If you want to talk, Barbara.

35:47More? Seriously. This is this was something that was supposed to be out. Well I'm I I I frankly am glad it's in.

35:54And if someone has a small leak in their home and they just let the leak get larger and larger and larger until it finally bursts and ruins your whole floor or your whole bedroom and or your whole attic or if you're on a second floor and you allow that little simple leak to get worse and then now you have a tub falling through to the bottom floor. You don't want to Allow

36:20Well what I what I see is we have we would have dilapidated Um properties around the county that when they come in now to rebuild, they're gonna get around They're going to be allowed to get around um The intent. And I have a neighbor across the street. Uh there's a gentleman who has two houses in Gulf Harbor which he's letting fall apart, so Barbara.

36:44Barbara Woolheit, I'm not sure I have a lot to add to it other than what you guys have discussed, which is It does go beyond the what you're required in the f in the f FEMA model ordinance. It does give some unbridled discretion just the way it's written. It could be misinterpreted or misapplied. Just gotta be careful when you delegate, you know, to staff and that's what these ordinances do. Um and so, you know, that's that's some of the concern. But you've got a very fine county attorney there and uh

37:13It does go beyond the ordinance. It was discussed being taken out. I think it's out of the other ordinance you just passed, so um i I think now we have two different l ordinances unless we can go back to I need to go back and look at 'Cause this is we're in the chapter eighteen we're dancing now, yeah. So I think it's already out of the other one, so that might be helpful to go look at. What you just adopted and So

37:36in in reading the language, I it it seems pretty specific to me. It says the period of accumulation begins when the permit for the first improvement or repair of each building is issued and extended for one year or until the permit is closed. Is that

37:50the next line down we're looking at? Yeah. And and again, when you can have someone decide what willful intent is or accumulative neglect, I mean you could have somebody who was away for six months, whatever, if you want to go by those examples, a leak happens, they don't know about it, it accumulates, it gets there. Is it willful or they they weren't there? And now you're gonna get a staff person make that decision? And again, the the difference with this is again it's out of the other ordinance that was pulled out. This is added in here. And it doesn't have to be in there. And

38:22I don't want to give any more than a little bit more than that. flexibility to staff unless it's dictated by law at this point. So I wanted to have less control from the staff person than to what's in all the other state and federal audiences that have been adopted.

38:40Well we don't have any uh If

38:44you want us to take it out, we take it out. Well it's a public hearing. We can take public comment and then what's back to the board.

38:57Did you did you want her to say something, Sally?

39:00Yeah. I mean it's still in the

39:02It's still in the first one?

39:03Yes, yes.

39:04Okay. All right, so public hearing. Uh does anyone uh wish to address the board on this item?

39:09Madam Chair, we have no one pre-signed or online for this item. Okay.

39:17Madam Chair.

39:18Yeah.

39:18Um page nine of eleven.

39:23It says the interior portion of such enclosed area shall not be partitioned or furn finished into separate rooms except for stairwells, ramps, elevators. Unless a partition is required by fire code. Uh is that it elsewhere or is that just something we've added in?

39:40Each nine.

39:55So this this was part of the non conversion agreement.

39:58And it's in the Florida building code as well.

40:01That's on so in the code we're not doing anything extra.

40:03Okay, but I I did ask if you if you're quoting something that's in the Florida building code to put the number there.

40:10Is there? Is R three two two point three point six?

40:13Yeah? I'm in the strike through. I don't I don't see the the citation to the

40:19water building code. This is the same thing.

40:23Do you have it?

40:24So that code now includes ours. The the black and the red parts.

40:30So now so now that line right there includes the black and the red is what the Florida building code says? Or did you add on the red line?

40:36Yes, very thing.

40:39On the line R th R three two two point three point six enclosed areas. The black part that you have printed In the red part. Are both of those part of what the Florida building code is?

40:50No.

40:55Is in the Florida building code R three two three point six, the one that we've had it. uh is the F in in red and it's underlined and it's in the non-conversion agreement. It's a part of

41:10the non-conversion

41:11agreement. Is this the built Florida building code number?

41:14All right, so what's your definition of finished?

41:16But doesn't it have to say F S or something?

41:18No. Definition of finished.

41:21Uh concrete floor statute is uh corporated. So that's what that is too. Anything that is done that is So you

41:29wouldn't let you wouldn't s let someone put some tile on the bottom floor? You wouldn't.

41:34I still came.

41:36You will.

41:37Yes, yeah.

41:38It says N section R three. Isn't this our land development?

41:42The point is for um turning that bottom space into a habitable space when it's not supposed to be habitable?

41:49No, I I mean it would be headable, it could be usable. If someone wanted to have a pool room, if someone wanted to have a ping pong tables in there and couches, chairs.

42:01Yes, that's what that means. Uh storage, car parks, that's still usable, but it's not habitable. Okay.

42:15Okay, so it's it's back to us. Um I have a question. Okay.

42:18I don't

42:18share.

42:20How does this affect property owners values of their homes that if they've already do have a habitable bottom floor or do they not do

42:30yeah, it's for new construction.

42:34And it doesn't affect when someone resells their home?

42:37No, it does not.

42:38Okay, thank you.

42:41Okay, so I think there was consensus that we wanted to keep that like that one the language in of for the loophole. About um

42:53Page eight.

42:55And then we got a strike prohibiting stem wall foundations. But we

42:58n we do need an amendment to change the title.

43:01Yeah, so Hi. Have reviewed. The document before you and the final document that was provided to the clerk's office has that removed.

43:12Correct.

43:12The advertising and what was posted on your agenda apparently went from an earlier version. Where it was being prohibited and then it so it's come out. So as long as the ordinance The ordinance that you're adopting Stem wall prohibiting stem wall construction. is would be more More stringent. So you're li you're liberali based on facts and circumstances and

43:42testimony, you are liberalizing the ordinance. So your advertising is still good. And the ordinance before you can be adopted the way it's been proposed to you. Okay.

43:57Okay, under under discussion I want to say if we do find that there's issues we can we can can fix it.

44:05Yeah. I know I'm on the fence, but I I air. I err in closing the loophole. Okay. All in favor? Roll call. Aye. Oh, roll call, sorry.

44:14Okay. Uh Commissioner One, uh District One, Commissioner Oakley. Aye. District uh two, Commissioner Moore. Aye. District four, Commissioner Fitzpatrick.

44:24Aye.

44:24District five, Commissioner Mariano? Nay. District three, Chairman Starkey. Aye.