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HomeMy WebLinkAboutCity of Tamarac Resolution R-1976-067Proposed by: � ( L"+—(- Introduced by 1- --jC, Temp.#537 CITY OF TAMARAC, FLORIDA RESOLUTION NO. % A RESOLUTION ESTABLISHING REGULATIONS TO IMPLEMENT ORDINANCE NO. 76-26. WHEREAS, the Chief Building Official is empowered to establish regulations to implement Ordinance No. 76-26, and WHEREAS, the Chief Building Official has prepared such regulations and submitted them to the City Council pursuant to said Ordinance, and WHEREAS, the City Council has received said regulations and is desirous of adopting them. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, SECTION 1: That the regulations .implementing Ordinance No. 76-26, a copy of which is attached hereto and made a part hereof as Exhibit "A" are hereby adopted. PASSED, ADOPTED AND APPROVED this :. �J day of 1976 ATTE 7T: —4tA C'- Ar, -4 CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. Wm. Gemmill,Clity Attorney r ,1 RECORD OF COUNCIL VOTE MAYOR W. FALCK VIM H. MASSARO CIW M. KELCH_ _.. _.C�.� .,,.._.. CIM O. TUCKER C�- CIM M. WEINBE:RGER EXHIBIT "A" R` I(o-6 7 REGULATIONS IMPLEMENTING ORDINANCE #76-26 I. Identification and Determination of Code Violations and Construction Defects. A. The term "construction defect or code violation" shall mean any fault or inadequacy in violation of the South Florida Building Code or any other law of the City of Tamarac relating to any part of the original construction of the building including, without limitation, the plumbing system, the roof, the electric wiring system, doors, windows, electric switches, receptacles andfixtures, plumbing fixtures, cabinet work and other similar elements of the original_ construction. B. The Chief Building Official shall determine whether there have been any construction defects or code violations with respect to the building code or other applicable laws which were existing at the time of the issuance of the certificate of occupancy. C. Defects due to wear and tear, abusive use, or resulting from elements or conditions not related to the original construction shall not be deemed construction defects subject to coverage. 2. Procedures For Correction of Construction Defects and Code Violations. Within fifteen (15) days after an inspection by the Building Department, the Building Official shall issue a report of findings to all of the Parties concerned. Such report shall be binding on all parties as to the existence of construction defects or code violations, unless such report shall be amended or .reversed by a governmental. attorney or court having jurisdiction over such matter. 3. Insurance Or Other Indemnification. A. A policy of insurance which will warrant to the homeowner proceeds for the correction of construction defects or code violations shall first be approved by the City Attorney as to form and substance. B. Group Insurance. In order to encourage economy, the Chief Building Official_, upon approval by the City Attorney, shall accept a policy covering a class or a group provided that each homeowner or unit owner is the beneficiary of the amount of insurance set forth in the ordinance, and further provided that the common elemnts of a condo- minium or other multiple unit is properly insured. 4. Condominium Insurance. The Chief Building Official, upon approval by the City Attorney, shall accept a policy which shall designate as the beneficiary, the appropriate party owning the common elements of a condominium, and designating the individual unit as the beneficiary with respect to the insurance provided for in the ordinance. 5. Substitutes For Insurance A. A general contractor or developer may deposit, with the City, cash, 4-1 irrevocable bank totter of credit or a surety bond in the amount of $1,500.00 for each dweLling in lieu of the insurance policy. The terms and conditions of such substitute shall first be approved by the City Attorney. Page 1 of 2 EXHIBIT "A" R- rz�-- 6 1 Ll B. A general contractor or developer may file with the city a personal undertaking or commitment in the amount of $1,500.00 per unit warranting the correction of the construction defects or code violations. Such personal_ undertaking shall be accompanied by collateral deemed to be adequate by the City Attorney and the Chief City Fiscal. Officer to assure the sufficiency of funds for the correction of potential construction defects or code violations. C. Where the financial responsibility of the general contractor or developer or their guarantors are, in the opinion of the City Attorney and the Chief City Fiscal_ Officer sufficient to fulfill the warranties for the correction of the construction defects and code violations, then such undertakings or commitment in the amount of $1,500.00 per unit shall be accepted by the Chief Building Official as a substitute for an insurance policy. Page 2 of 2