§ 7.8.2. Definitions.  


Latest version.
  • (A)

    For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

    (B)

    Words not defined herein shall have the meanings stated in the Standard Building Code, Standard Mechanical Code, Standard Plumbing Code, Standard Gas Code, Standard Fire Codes (as adopted in 96.16), as those codes have been adopted and/or amended by the City or other applicable codes duly adopted and/or amended by the City.

    Applicable Governing Body. The City of Delray Beach.

    Approved. Approved by the Chief Building Official or his designee.

    Building. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind which has enclosing walls for 50 percent or more of its perimeter. The term "Building" shall be construed as if followed by the words "or parts thereof." For the purpose of this chapter, each portion of a "Building" separated from other portions by a fire wall shall be considered as a separate "Building." "Building" shall also include a structure which was partially constructed in a manner such that it would have qualified as a "Building" if completed but which has been damaged or left incomplete so that it no longer has enclosing walls for 50 percent of its perimeter.

    Building Official. The Chief Building Official who is charged with the administration and enforcement of this chapter, or the duly authorized designee of the Chief Building Official.

    Codes. Wherever reference is made in this chapter to any code, the meaning will be that conveyed by that particular code as amended by the City or if not specifically named, to the codes mentioned in section 7.8.2(B) above.

    Cost of Alterations or Repairs. The estimated cost of repairs or alterations if done by a professional contractor, duly licensed and hired to effect those repairs or alterations, as determined by the Chief Building Official or his designee using generally accepted practices for estimating cost.

    Department. The Community Improvement Department charged with the enforcement of this chapter.

    Dilapidated. In a state of decay or disrepair due to a lack of maintenance and upkeep; deteriorated due to lack of adherence to standard codes.

    Fire Official or Inspector. Building Inspectors, Fire Inspectors, Code Enforcement Officers, Engineers, etc. employed by the City and whose regular job functions include inspecting buildings, structures, properties, etc.

    Legally Cognizable Interest. The interest of an owner, tenant, person or entity having a recorded lien on the subject real property as shown by a title search conducted within 30 days prior to the date of Notice of Unsafe Building/Structure.

    Office of the Recorder. The Recorder of deeds of a county.

    Owner. Any person, agent, firm, or corporation having a fee simple legal or equitable interest in the property.

    Structure. Anything which is built, erected or constructed. This definition includes, among other things, docks, dolphins, piers, boat lifts, fences, posts, buildings (see above), walls, pilings, signs, canopies, tents, stairs, stoops, awnings, slabs, asphalt or concrete driveways, poles, septic tanks, and other items as determined by the Chief Building Official.

    Unsafe Building or Structure. Any building or structure that has any of the following conditions, such that the life, health, property, or safety of the general public, building or structure occupants, or any others are endangered:

    (1)

    Whenever any means of egress or required egress or portion thereof is blocked, partially blocked, not of adequate size or not arranged or provided to provide a safe and unobstructed path of travel to the outside in case of fire or panic.

    (2)

    Whenever required fire doors, fire protection equipment, means of egress, closing devices, or fire resistance rating materials are in disrepair, in a dilapidated or nonworking condition or installed incorrectly or are inadequate.

    (3)

    Whenever the stress in any member of a building or structure or portion thereof, due to all imposed loads, including dead load, exceeds the working stress allowed in the Standard Building Code for new buildings.

    (4)

    Whenever a building, structure, or portion thereof has been damaged by fire, flood, earthquake, wind, or any other cause to the extent that the structural integrity of the building or structure is less than it was prior to the damage and is less than the minimum requirement established by the Standard Building Code for new buildings.

    (5)

    Whenever any exterior appendage or portion of a building or structure is not securely fastened, attached, or anchored such that it is capable of resisting wind, seismic, or similar loads as required by the Standard Building Code for new buildings.

    (6)

    Whenever, for any reason, a building, structure, or portion thereof is in a dilapidated condition due to lack of maintenance or is manifestly unsafe or unsanitary for the purpose for which it is actually being used or for the purpose for which it was designed to be used.

    (7)

    Whenever any building, structure, or portion thereof, as a result of decay, deterioration, dilapidation or any other reason is likely to fully or partially collapse.

    (8)

    Whenever any building, structure, or portion thereof has been constructed or maintained in violation of a specific requirement of the standard codes of the City.

    (9)

    Whenever any building, structure, or portion thereof is in a condition as to constitute a public nuisance such as, but not limited to, being left open and unattended, or being abandoned by its owners, or lacks security to prevent entry, or is without operational, electrical, water or sewer service, or lacks security to prevent entry or is left partially complete, but not guarded or not adequately guarded against unauthorized entry.

    (10)

    Whenever any building, structure, or portion thereof is unsafe, unsanitary, not provided with adequate egress, or which constitutes a fire or health hazard, or is otherwise dangerous to human life, or, which in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment.

    (11)

    Whenever a requirement is lacking and which is necessary for the strength or stability of an existing or proposed building or structure, or for the safety or health of the occupants thereof, such as, but not limited to, hot and cold water supply and electricity, and even if not specifically covered by this chapter or other codes, as determined by the Chief Building Official, in accord with the standards set forth herein.