Item P1C oun t y of Monr
ELj » °o
� i� G�,
�
BOARD OF COUNTY COMMISSIONERS
�
Mayor David Rice, District 4
The Florida Ke s ly ',
y
f i
I w;
\
Mayor Pro Tern Sylvia J. Murphy, District 5
; ,= _ :' j
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
December 13, 2017
Agenda Item Number: P.1
Agenda Item Summary #3507
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Steve Williams (305) 289 -2584
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider adoption of an ordinance to amend the
Monroe County Code to require use of specific roof materials and construction for repairs,
replacement and new construction due to the impacts evidenced following Hurricane Irma direction
to staff to seek a legislative change to remove the restrictions on adopting a local requirement for
roof repair, replacement and new construction.
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 (FB 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 prohibits the County from
applying such an ordinance to new manufactured homes. However, the statute does authorize the
County to adopt an ordinance that is applicable to replacement and/or repairs of roofs that were
damaged by Irma if there is sufficient evidence to support a determination that shingle roofs are
incapable of surviving intact during a major hurricane. This ordinance attempts to do that.
In conjunction with the adoption of this ordinance, County staff would like direction to pursue
petitioning the Florida Building Commission to adopt a regional requirement mandating metal roofs
and seek a legislative change to F.S. 553.73 to require metal roofs or specific materials and
construction requirements for repair or replacement of roofs which could ultimately — provide relief
for the owners of homes with roof damage seeking to have their insurance carriers pay for the
upgrades from shingles to metal roofs.
PREVIOUS RELEVANT BOCC ACTION:
10/18/17 (C8) Following discussion, BOCC approved the scheduling of a public hearing to consider
a proposed ordinance on this matter to be held November 14, 2017 in Key West, FL at 3:00 P.M. or
as soon thereafter as may be heard.
11/14/17 (UI) BOCC continued the Public Hearing to December 13, 2017 in Key Largo, FL at 3:00
P.M. or as soon thereafter as may be heard
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval of the ordinance and direction to staff to seek a
legislative change to remove the restrictions on adopting a local requirement for roof repair,
replacement and new construction.
DOCUMENTATION:
Metal Roof -Final
Notice of Intention to Consider Adoption of County Ordinance re Roof Req BOCC 11 14 17 Public
Hearing
Notice of Intention to Consider Adoption of County Ordinance re Roof Req BOCC 12 13 17 Public
Hearing
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: Advertising Costs
Current Year Portion:
Budgeted: Yes
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No
Grant: No.
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Steve Williams
Completed
10/30/2017 3:52 PM
Bob Shillinger
Completed
10/31/2017 10:53 AM
Budget and Finance
Skipped
10/31/2017 10:53 AM
Maria Slavik
Skipped
10/31/2017 10:53 AM
Kathy Peters
Completed
10/31/2017 11:06 AM
Board of County Commissioners
Completed
11/14/2017 9:00 AM
1
2
3
4
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2017
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
PROVIDING FOR THE NECESSITY OF METAL ROOFING;
PROVIDING FOR THE RETROACTIVE APPLICATION OF THIS
ORDINANCE; PROVIDING FOR PENALITIES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 4, 2017, Governor Rick Scott declared a state of emergency
in anticipation of the devastating impact that Hurricane Irma would have on the State of Florida;
and
WHEREAS, on September 5, 2017, Mayor George Neugent declared a state of
emergency in Monroe County in anticipation of the devastating impact that Hurricane Irma
would have on Monroe County and the Florida Keys; and
WHEREAS, Hurricane Irma struck parts of Monroe County as a Category 4 hurricane,
leaving thousands of homes impacted by the hurricane; and
WHEREAS, the Monroe County Board of County Commissioners intent to make this
ordinance effective retroactively to September 4, 2017, the date Governor Scott declared a State
of Emergency due to Hurricane Irma; and
WHEREAS, in accordance with Metropolitan Dade County v. Chase Federal Housing
Corporation, et al., 737 So.2d 494 (Fla 1999) that provides that a retroactive provision of a
legislative act is valid, so long as vested rights are not adversely affected or destroyed or a new
obligation or duty is created or imposed, or an additional disability is established in connection
with transactions or considerations previously had or expiated, the Monroe County Board of
County Commissioner finds that this ordinance may be retroactive; and
WHEREAS, it is the observation of the Board of the County Commissioners that metal
roofs suffered substantially less damage and performed better during Hurricane Irma than did
other materials such as shingles; and
Ord -2017
1 of 3
Packet Pg. 2540
P.1.a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
WHEREAS, homeowners in Monroe County may replace their roofs damaged by
Hurricane Irma with materials than are not metal and are not as resistant to hurricane damage as
are metal roofs; and
WHEREAS, the BOCC further intends that this Ordinance be adopted to protect the
public health and safety and promote safe home reconstruction; and
WHEREAS, the BOCC anticipates that the cost of repair or replacement of a damaged
shingle roof to the mandated metal roof would be borne by the appropriate insurance provider
and not the homeowner; and
WIEEREAS, the BOCC further intends for this Ordinance to be retroactive to the date of
the declared emergency of Governor Scott, September 4, 2017, for the purposes of ensuring that
all roof repairs done to date, either permitted or unpermitted, must have a metal roof; and
WHEREAS, on October 18, 2017 a public hearing was held before the BOCC and
direction was given to staff to bring the matter back for public hearing on November 14, 2017.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1 : LEGISLATIVE FINDINGS AND INTENT. The above stated recitals to this
Ordinance are hereby incorporated into this Ordinance by the BOCC as the legislative intent
pertaining to this Ordinance.
SECTION 2 : METAL ROOFING. Any new or substantially improved or repaired roof in
Monroe County must be a standing seam metal roof.
SECTION 3 : RETROACTIVE APPLICATION. This Ordinance is retroactive to the date of
emergency as declared by Governor Scott in anticipation of Hurricane Irma. Any roof repairs or
replacements that have occurred after September 4, 2017 must be brought into compliance with
this ordinance.
SECTION 4 : PENALTIES. A violation of any of the provisions set forth in this Ordinance
shall be punishable as provided in Chapters 6 and 8 of the Monroe County Code of Ordinances.
SECTION S : SEVERABILITY. If any portion of this ordinance is for any reason held invalid
or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to
be inapplicable to any person, property or circumstances, such holding shall not affect its
applicability to any other person, property or circumstances.
Ord -2017
2of3
Packet Pg. 2541
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
1$
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
SECTION 6 : CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 7 : EFFECTIVE DATE. This ordinance shall become effective as provided by law
and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the _ day of 2417.
Mayor George Neugent
Mayor pro tem David Rice
Commissioner Danny Kolhage
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
(SEAL)
Attest: KEVIN MADOK, Clerk
L
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor
MONROE COUNTY A ORN EY
ATT�. T M:
ASSISTANT C0i 14 ATTQ$HEY
opt. _.. 1 3 1 r
Ord -2017
3of3
Packet Pg. 2542
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on November 14 2017 at
3:00 P.M., or as soon thereafter as may be heard, in the Harvey Government Center, 1200
Truman Avenue, Key West, Monroe County, Florida, the Board of County Commissioners of
Monroe County, Florida, intends to consider the adoption of the following County ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
PROVIDING FOR THE NECESSITY OF METAL
ROOFING; PROVIDING FOR THE RETROACTIVE
APPLICATION OF THIS ORDINANCE; PROVIDING FOR
PENALTIES; AND PROVIDING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292 -4441,
between the hours of 8:30 a.m. - 5.00 p.m., no later than five (5) calendar days prior to the scheduled
meeting; ifyou are hearing or voice impaired, call "711':
Dated at Key West, Florida, this 31 day of October, 2017.
(SEAL)
KEVIN MADOK, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
0
0
W
c�
M
as
CL
Publication dates:
KW Citizen (Fr) 110/17
Keynoter (Wed) 11/4/17
Reporter (Fr) 11/3/17
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on December 13 2017 at
3:00 P.M., or as soon thereafter as may be heard, in the Commission Chambers, Murray E.
Nelson Government Center, 102050 Overseas Highway, Key Largo, Monroe County, Florida, the
Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the
following County ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
PROVIDING FOR THE NECESSITY OF METAL
ROOFING; PROVIDING FOR THE RETROACTIVE
APPLICATION OF THIS ORDINANCE; PROVIDING FOR
PENALTIES; AND PROVIDING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292 -4441,
between the hours of 8:30 a.m. - 5:00 P. m., no later than five (5) calendar days prior to the scheduled
meeting; ifyou are hearing or voice impaired, call "711':
Dated at Key West, Florida, this 14 day of November, 2017.
(SEAL)
KEVIN MADOK, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
0
0
W
Publication dates:
KW Citizen (Weekend Edition) (Sa /Su) 11//25/17- 11/26/17
Keynoter (Weekend Edition) (Sa) 11/25/17
Reporter (Weekend Edition) (Sa) 11/25/17