Item C08County of Monroe
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BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District 1
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Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
October 18, 2017
Agenda Item Summary #3487
ADD ON DAY OF MEETING - WILL BE ITEM C -8
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470
n/a
AGENDA ITEM WORDING: Discussion and direction to schedule a public hearing to consider
adoption of an ordinance to amend the Monroe County Code to require use of metal roof materials
for repairs and replacement roofs.
ITEM BACKGROUND: Hurricane Irma struck portions of the Florida Keys as a Category 4
Hurricane on September 10, 2017. In the aftermath, County staff has assessed the condition of
buildings. One significant observation from these inspections is that metal roofs fared far better than
those roofs covered by asphalt shingles. County residents who lost roofs during Irma have asked if
there is a way to obtain help in paying to harden their homes by upgrading from traditional shingles
to a metal roof. A representative of Citizens Insurance has indicated that the company would only
pay for upgrades from shingles to metal roofs for covered properties if there was a legal requirement
in place for the upgraded materials, such as a local ordinance.
Generally, F.S. 553.73 establishes a uniform statewide building code known as the Florida Building
code (FB Code). Subsection (4) of that statute authorizes local governments to adopt more stringent
requirements that set forth in the FB Code under the following circumstances:
1. There is a local need to strengthen the requirements of the FB Code;
2. BOCC makes a determination that a change is needed based upon a review of local
conditions;
3. That determination is based upon evidence /data supporting need to strengthen FB Code;
4. The local need is addressed by proposed local amendment;
5. The local amendment is no more stringent than necessary to address the local need;
6. Additional requirements are not discriminatory against materials, products or
construction techniques of demonstrated capabilities
7. Additional requirements don't introduce new subject not addressed in FB Code;
8. The local government transmits the amendment within 30 days of adoption to the Florida
Building Commission (F13 Commission).
9. The local technical amendments shall not become effective until 30 days after the
amendment has been received and published by the FB Commission.
10. Local amendments shall be effective only until the adoption by the FB commission of the
new edition of the Florida Building Code every third year. At such time, the FB
Commission may rescind the local amendment.
11. If a substantially affected property challenges the ordinance, the County must establish
by interlocal agreement a countywide compliance review board to review the challenge
(in which case, the ordinance would not become effective until the challenge is resolved).
12. The County includes a fiscal impact statement which documents the costs and benefits of
the proposed amendment. Criteria for the fiscal impact statement shall include the impact
to local government relative to enforcement, the impact to property and building owners,
as well as to industry, relative to the cost of compliance.
13. Local amendments shall not apply to state or school district owned buildings,
manufactured buildings or factory-built school buildings approved by the commission, or
prototype buildings.
The limitations set forth above in bullet point 6 impair the County's ability to simply mandate that
every roof in the County be made a metal roof. Moreover, the prohibition on applying local
requirements to manufactured buildings as set forth in bullet point 13 would prohibit the County
from apply such an ordinance to new manufactured homes. However, there may be an ability to
adopt an ordinance that is applicable to replacement and/or repairs of roofs that were damaged by
Irma if we can establish enough evidence to support a determination that shingle roofs are incapable
of surviving intact during a major hurricane.
Alternatively, the County could petition the Florida Building Commission to adopt a regional
requirement mandating metal roofs. The County could also seek a legislative change to F.S. 553.73
to require metal roofs. Neither alternative would achieve timely relief for the owners of homes with
roof damage who are currently seeking to have their insurance carriers pay for the upgrades from
shingles to metal roofs but could be worth seeking to address this issue in the future nonetheless.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Direction to:
1) Legal staff to draft an ordinance and advertise a public hearing for November 14, 2017
2) Seek a legislative change to remove the restrictions on adopting a local requirement for metal
roofs.
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date: TBD
Expiration Date: TBD
Total Dollar Value of Contract: n/a
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
n/a
REVIEWED BY:
Bob Shillinger
Completed
10/16/2017 6:53 PM
Steve Williams
Completed
10/17/2017 7:48 AM
Budget and Finance
Skipped
10/16/2017 6:52 PM
Maria Slavik
Skipped
10/16/2017 6:53 PM
Kathy Peters
Completed
10/17/2017 11:08 AM
Board of County Commissioners
Pending
10/18/2017 9:00 AM