ORDINANCE NO. 20-21
AN ORDINANCE OF MARION COUNTY, FLORIDA, RELATING TO THE MARION COUNTY BUILDING CODE; AMENDING CHAPTER 5.5, ARTICLE II, SUBSECTION 5.5-31 ADOPTION OF CODES; AMENDING SUBSECTION 5.5-33 APPLICATION FOR PERMITS; AMENDING SUBSECTION 5.5-35 FEES AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the Legislature of the State of Florida has, in Chapter 125, Florida Statutes, conferred upon counties the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry; and
WHEREAS, Section 553.73(4)(a), Florida Statutes, authorizes Florida local governments to make local administrative amendments to its building codes, provided they are not less stringent than the minimum standards described in the Florida Building Code; and
WHEREAS, pursuant to Section 162, Part II, Florida Statutes, the Board has adopted uniform procedures for code enforcement, which the Board has determined provides appropriate procedures for enforcement of code requirements relating to abatement of unsafe buildings; and
WHEREAS, the Marion County Building Safety Department has recommended changes to the Marion County building code to the Board of County Commissioners of Marion County, Florida; and
WHEREAS, the Board of County Commissioners desires to amend Chapter 5.5 of the Marion County Code in furtherance of the foregoing recitals;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Marion County, Florida, as follows:
SECTION 1. Chapter 5 of the Marion County Code of Ordinances, is hereby amended, and is set forth in its entirety below, with deletions reflected by ctrikc through type, and additions reflected by underscored type, to read:
ARTICLE II. — BUILDING CODE
Sec. 5.5-31. – Adoption of codes.
(a) (FBC 101.5) Adoption of code. As of the effective date of this ordinance, the 2017 Florida Building Code shall govern the design, construction, alteration, modification, repair, or demolition of public or private buildings, structures, or facilities in Marion County.
(b) (FBC 101.6) Automatic update of code. Sixty (60) days after adoption of supplements, amendments, or revisions to the codes specified herein, this ordinance shall be deemed automatically amended to include such supplements, amendments, or revisions, without necessity of amending this ordinance, it being the intent of the Board to require compliance with the most current provisions of said Codes. Nothing herein shall be construed to require construction for which a permit has already been issued to comply with such supplements, amendments, or revisions unless such supplement, amendment or revision specifically states that it is intended to apply to construction in progress. (c) (FBC 116) Unsafe Structures and Equipment. As of the effective date of this ordinance, this code, as the same may be amended from time to time, shall govern the abatement of unsafe buildings and equipment except the following provisions are deleted or amended:
(1) Section 116.1 of the Code shall read as follows:
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charged against the land on which the building or structure existed as a lien or may be recovered in a suit at law against the owner. Any lien shall bear interest from the date of filin_ at the rate of twelve percent (12%) per annum, and shall remain a lien coequal with that of
(d) (FBC 116.2) Unsafe building abatement. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the Marion County Code.
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(FBC 1162) Authority. The building official shall inspect or cause to be inspected any buildings structure or portion thereof which is or may be unsafe. The building official or his authorized representative may enter any building, structure or premises at all reasonable time to make an inspection or enforce any of the provisions of this code.
When entering a building, structure or premise that is occupied, the building official shall first identify himself, present proper credentials and request entry. If the building, structure or premise is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge of the building and demand entry. If entry is refused, the building official or his authorized representative shall have recourse to every remedy provided by law, including an inspection warrant, to secure entry.
After the building official has inspected or caused to be inspected a building, structure, or portion thereof is unsafe, he shall initiate proceedings to cause the abatement of the unsafe condition by repair, vacation or demotion or combination thereof.
fFBC 116.3) Notice. The building official shall prepare and issue a notice of unsafe building directed to the owner of records of the building or structure. The notice shall contain, but not be limited to, the following information:
- The street address and legal description of the building, structure or premise.
- A statement indicating the building or structure has been declared unsafe by the building official, and a detailed report documenting the conditions determined to have rendered the building or structure unsafe under the provisions of this code.
- A statement advising that if the following required actions as determined by the building official is not commenced within or completed by the time specified, the building will be ordered vacated and posted to prevent further occupancy until the work is completed and the building official may cause the work to be done and all costs incurred charged against the property or the owner of record.
- If the building or structure is to be repaired, the notice shall require that all necessary permits be secured and the work commenced within 60 days and continued to completion within such time as the building official determines. The notice shall also indicate the degree to which the repairs must comply with the provisions of the Florida Building Code.
- If the building or structure is to be vacated, the notice shall indicate the time within which vacation is to be completed.
- If the building or structure is to be demolished, the notice shall require that the premises be vacated within 60 days, that all required permits for demolition be secured and completed within such time as determined reasonable by the building official.
- A statement that the Building Official has the authority to authorize disconnection of utility service to any structure where necessary to eliminate an immediate hazard to life or property or when such utility connection was made without proper authorization.
- A statement advising that any person having any legal interest in the property may appeal the notice by the building official to the Marion County Code Enforcement Board; and that such appeal shall be in writing with the building official within 30 days from the date of the notice and that failure to appeal in the time specified may constitute a waiver of all rights to an administrative hearing. If an appeal is not timely filed, the building official shall issue a notice that the building official’s determination of an unsafe building shall become final, and repairs or demolition will be commenced 30 days from the date of this notice.
- A statement advising it shall be unlawful for any person, firm, corporation, or other entity, or any agent thereof, to remove, deface or destroy the Notice of Unsafe Building and Notice of Violation without permission, or for any person to enter or otherwise occupy the building except for the purpose of making the required repairs or demolishing the building or structure based on applicable permitting and approvals by the building official.
(FBC 116.4) Lien. Whenever a building or structure is repaired or demolished in accordance with the provisions of this code, and the costs of such repair or demolition is borne by the County, the cost of such repair or demolition, including all related administrative, advertising, and notice, shall be charged against the land on which the building or structure existed as a lien or may be recovered in a suit at law against the owner. Any lien shall bear interest from the date of filing at the interest rate in effect on that date as set by the Chief Financial Officer pursuant to Florida Statutes 55.03 and such interest rate shall be adjusted annually on January 1 of each year and shall remain a lien coequal with that of county ad valorem taxes and superior to all other liens, titles, and claims until paid.
(FBC 116.5) Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or the other technical codes, shall be determined by the building official.
Sec. 5.5-33. – Application for permits.
(a) (FBC 109.3) Building permit valuations. When, in the opinion of the building official, the evaluation of building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Permit valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment and other systems, including materials and labor. The permit valuation may be calculated using the Latest Building Valuation Data published by the International Code Conference or other applicable model code organization, at the option of the building official. (b) (FBC 105.3) Application forms. The application for any permits required by the Florida Building Code shall be made to the Marion County Building Official on forms to be provided by the building official. No person, firm, or corporation shall allow the use of its name to obtain a permit, except, however, a certified or registered building contractor or registered business organization may authorize or designate persons to apply for permits by filing with the building official a written, notarized statement indicating the relationship of the named persons to the contractor or organization and is authorized to procure permits and sign required documents in the name of said contractor or organization and indicating the competency number of the contractor or registered business organization. An agent of a contractor may not sign a contractor certification of compliance with wind resistance provisions of the code form. (c) (FBC 105.3.2) Permitting privileges. In the event a permit has expired or any inspection or other fees are delinquent, or in the event a contractor fails to obtain any necessary inspections
before a permit expires, the building official is authorized to refuse to issue any new permits to such contractor. One or more extensions of time, for periods not more than ninety (90) days each, may be allowed for the permit. The extension shall be requested in writing and justifiable cause demonstrated. Extensions shall be in writing by the building official. (d) (FBC 105.6.1) Revocation of permits. The building official is authorized to suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of, or not in conformity with any ordinance or regulation or any provisions of this code.
(e) (FBC 105.4.1.5) Warranty disclaimer. The inspection or permitting of any building, system or plan by the jurisdiction under the requirements of this code shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. (1) (FBC 105.4.1.6) Rules of construction. The rules set out in this section shall be observed, unless such construction is inconsistent with the manifest intent of this chapter. The rules of construction and definitions set out here shall not be applied to any section of this chapter which contains any express provisions excluding such construction, or where the subject matter or content of such section would be inconsistent with this section.
(1) Generally. The provisions of this article shall be liberally construed in order to effectively carry out the purposes of this article. Terms used in this article, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of this state for the same terms. (2) Text. In case of any difference of meaning or implication between the text of this division and any figure or illustration, the text shall control.
(3)
Delegation of authority. Whenever a provision appears requiring the building official or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the building official or other officer to designate, delegate and authorize professional level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise. (g) (FBC 102.2.5) Work Exempt from Permit. Each enforcement district shall at its own option, adopt rules granting to the owner of a single-family residence one or more exemptions from the Florida Building Code. To qualify for the exemption, the owner shall be required to submit a Request for Permitting Exemption Form with a copy of the contract, if applicable, to the Building Safety Department when the costs exceed $2,500 and the appropriate fee is paid. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or the Florida Building Code. The following rules have been established for unincorporated Marion County based upon Section 102.2.5 of the Florida Building Code:
(a) Repairs performed by the property owner upon his or her own property are exempt from permitting.
(b) Addition, alteration, or repairs by a nonowner provided the total cost shall not exceed $5,000 within any 12-month period. Permits are required for the following:
- Residential inground/above ground pools ii. Demolition including mobile home removal iii. Gas-natural or propane other than like for like water heater replacements iv. Irrigation system up to the back flow device
- Residential Electric other than like for like water heater replacements, repair of outlets up to 25 amps, repair of switches up to 25 amps, repair of lights or fans of up to 25 amps, low voltage wiring and security alarms vi. HVAC change out over $2,500 (materials and labor) vii. FL DCA Pre-fabricated sheds over 160 sq. ft. viii. Any structural beam changes
(c) Building and inspection fees. Inspection fees for water heater replacement are not required.
However, the exemptions under sub-paragraphs (a), (b), and (c) do not apply to single-family residences that are located in mapped flood hazard areas, as defined in the code, unless the building official has determined that the work, which is otherwise exempt, does not constitute a substantial improvement, including the repair of substantial damage, of such single-family residences.
(IL) (FBC 201.4) Words not defined.
(1) Words not defined herein shall have the meaning stated in the Florida Statutes or other nationally recognized codes, or other documents, manuals or standards adopted elsewhere in this article. (2) In case of a conflict in definitions or codes, the appropriate definition (or code) to be applied shall be the one applicable to the trade in question. In case of a conflict between different parts of this code; conflicts within the same code; or conflicts between codes; the more stringent requirements shall apply. (j) (FBC 202) Worth Defined
(1) Abandon or abandonment
- Termination of a construction project by a contractor without just cause or proper notification to the owner including the reason for termination. b. Failure of a contractor to perform work without just cause for ninety (90) days. c. Failure to obtain an approved inspection within one hundred eighty (180) days from the previous approved inspection. (2) Addition. An extension or increase in floor area, number of stories or height of a building or structure. (23) Approved. Acceptable to the Building Official.
(34) Alteration. Any construction or renovation to an existing structure other than repair or addition.
(25) Assessed value. The value of real property and improvements thereon as established
by the county property appraiser.
(4k) Authorized agent. A person specifically authorized by the holder of a certificate of
competency to obtain permits in his stead.
Board. License review board, unless otherwise specifically stated. (6$) Building component. An element or assembly of elements integral to or part of a
building.
(72) Building shell. The structural components that completely enclose a building, including, but not limited to, the foundation, structural frame, floor slabs, exterior walls and roof system.
(810) Building system. A functionally related group of elements, components and
equipment, such as the electrical, plumbing and mechanical systems of a building. (911) Certification. The act or process of obtaining a certificate of competency from the county through the review of the applicant’s experience and financial responsibility as well as successful passage of an examination. (102) Certificate of competency (certificate). An official document evidencing that a person is qualified to engage in the business of contracting, subcontracting or the work of a specific trade. (14-2) Certificate of experience. An official document evidencing that an applicant has satisfied the work experience requirements for a certificate of competency. (124) Certificate of occupancy (C.O.). An official document evidencing that a building satisfies the requirements of the jurisdiction for the occupancy of a building. (125) Certified contractor. Any contractor who possesses a certificate of competency issued by the Department of Professional Regulation of the State of Florida. (146) Change of occupancy. A change from one building code occupancy classification or subclassification to another. (152) Code enforcement officer. Any authorized agent or employee of the County whose duty it is to ensure code compliance including license and permitting investigators. (165) Commercial building. Any building, structure, improvement or accessory thereto, other than a one- or two-family dwelling. (172) Cumulative construction cost. The sum total of costs associated with any construction work done to a building or structure either at one (1) time or at different times within a specified period of time. (4-820) Demolition. The act of razing, dismantling or removal of a building or structure, or portion thereof, to the ground level. (1-921) Examination. An exam prepared, proctored and graded by a recognized testing agency unless otherwise implied in context or specifically stated otherwise.
(202) Farm. For the purpose of qualifying for exemption from the provisions of the Florida Building Code per FBC 104 (c), farm means the land, buildings, buildings, support facilities, machinery, and other appurtenances used in the production of farm or aquaculture products.
(24) Farm product. Any plant, as defined in S-581-011, or animal useful to humans and
includes, but is not limited to, a product derived therefrom. (224) FCILB. The Florida Construction Industry Licensing Board.
(230 Imminent danger. Structurally unsound conditions of a structure, or portion thereof, that is likely to cause physical injury to a person entering the structure: or, due to structurally unsound conditions, any portion of the structure is likely to fall, be carried by the wind, or otherwise detach or move, and in doing so cause physical injury or damage to a person on the property or to a person or property nearby: or, the condition of the property is such that it harbors or is inhabited by pests, vermin, or organisms injurious to human health, the presence of which constitutes an immediate hazard to people in the vicinity.
(240 Inspection warrant. A court order authorizing the official or his designee to perform an inspection of a particular property named in the warrant. (252) • Intensification of use. An increase in capacity or number of units of a residential or commercial building. (260 Interior finish. The preparation of interior spaces of a commercial building for the first occupancy thereof. (2?2) Licensed contractor. A contractor certified by the State of Florida or the local jurisdiction who has satisfied all state or local requirements to be actively engaged in contracting. (2-830) Owner’s agent. A person, firm or entity authorized in writing by the owner to act for or in place of the owner.
(2911) Permit. An official document authorizing performance of a specific activity regulated by this chapter. (3q) Permit card or placard. A document issued by the jurisdiction evidencing the issuance of a permit and recording of inspections. (34-0 Registered contractor. A contractor who has registered with the Department of Professional Regulation of the State of Florida pursuant to fulfilling the competency requirements of the local jurisdiction. (324) Remodeling. Work which changes the original size, configuration or material of the components of a building. (35) Repair. The reconstruction, renewal or replacement of any part of an existing building for the purpose of its maintenance or to correct damage. (330 Residential building. Any one- or two-family building or accessory structure . (342) Roofing. The installation of roof coverings.
(35. ) Shall, may. The word “shall” is mandatory; “may” is permissive. The word “shall”
takes precedence over “may”.
(369) Spa. Any constructed or prefabricated pool containing water jets.
(37R)) Specialty contractor. A contractor whose services do not fall within the categories
specified in F.S. § 489.105(3), as amended.
(3 8n) Start of construction:
- Site. The physical clearing of the site in preparation for foundation work including,
but not limited to, site clearing, excavation, de-watering, and pilings.
- Building. The removal, disassembly, repair, replacement, installation or assembly of the building, structure, building system or building components in whole or parts thereof.
(i)
(4942) Stop work order. An order by the building official, or his designee, which requires
the immediate cessation of all work and work activities described in the order. (403) Structural component. Any part of a system, building or structure, load bearing or non-load-bearing, which is integral to the structural integrity, therefore, including but not limited to walls, partitions, columns, beams and girders. (444) components Structural into work a system, or alteration. building or The structure. installation Also, any or assembling change, repair of or new replacement structural of any existing structural component of a system, building or structure. (42) Substantial completion. Where the construction work has been sufficiently completed in accordance with the applicable city, state and federal codes, so that the owner can occupy or utilize the project for the use for which it is intended. (CO Value. Job cost. (447) Year. The word “year” shall mean a calendar year unless a fiscal year is indicated. (FBC 105.4.1.7) Expiration of demolition permits. Permits issued for the demolition of a structure shall expire sixty (60) days from the date of issuance. For a justifiable cause, one (1) shall extension be in of writing time for to the a period building not official. exceeding thirty (30) days may be allowed. Such request (k) (FBC105.4. 1.8) Crawl space requirements. (1) Prior to the issuance of a certificate of occupancy, all structures having a crawl space shall have the crawl space enclosed on all sides in accordance with this article. (2) The enclosure material shall constitute a visual screen and be designed and installed to provide continuous ventilation, to be securely fastened in place so as to prevent animals from accessing the under floor of the structure, and to cover the intervening space between the perimeter walls of the structure and grade level below. The enclosure material shall be constructed of a tested and approved durable material such as aluminum, pressure-treated wood, masonry, vinyl or other material normally used to enclose the crawl space of structures. The enclosure material shall be installed in accordance with the manufacturer’s instructions, if available. If manufacturer’s instructions are not available, then the material shall be installed in accordance with the current building code.
(3) The crawl space shall be provided with access openings and proper ventilation as specified in the Florida Building Code. Ventilation shall not be less than one (1) square foot for each one hundred fifty (150) square feet of crawl space, or by design, whichever is greater. All ventilation openings shall be protected with a mesh or perforation not larger than one-half inch. Crawl spaces shall provide for drainage to prevent water or moisture from accumulating in such spaces.
(4) Replacement or new enclosure material shall meet the same standards as set forth above. (1)
(FBC 105.4.1.9) Finished floor elevation. All habitable structures shall have a minimum finished floor elevation eight (8) inches above finished grade and graded away from the structure for storm water runoff. Exception: porches, patios, carports, garages, screen rooms may be four (4) inches above finish grade. In areas outside of flood hazard areas as specified in Marion County Land Development Code, this provision may be waived by the building official upon department review of documentation or site inspection demonstrating adequate site drainage.
(m) (FBC 105.4.1.10) Individual stormwater drainage plan. At the time of permit application, an individual stormwater drainage plan must be submitted for all new structures or additions to existing structures. The individual stormwater drainage plan must show compliance with either the master drainage plan for the entire development, or when no master stormwater drainage plan is on file, accepted stormwater design criteria as detailed in the Marion County Land Development Code. In any case, the individual drainage plan must show how excess storm water runoff, not absorbed or stored on site, will be carried to an acceptable storm water retention area, when such a feature is available, or existing drainage ditch. (FBC 105.4.1.11) Stormwater runoff during construction. All stormwater runoff increase during construction and following must be kept on site or directed to swales, ditches or piping to approved drainage areas. Erosion control shall be used to prevent uncontrolled runoff from the site.
(o) The Florida Building Code, Residential is hereby amended by the following technical amendments.
R322.2.1 Elevation requirements.
- Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 1 foot or the design flood elevation, whichever is higher. 2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 1 foot (305 mm), or to the design flood elevation, whichever is higher. 3. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus 1 foot, or at least 3 feet if a depth number is not specified. 4. Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus 1 foot or the design flood elevation, whichever is higher.
Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, shall meet the requirements of Section 8322.2.2.
R322.2.2 Enclosed areas below design flood elevation. Enclosed areas, including crawl spaces, that are below the design flood elevation shall:
- Be used solely for parking of vehicles, building access or storage. The interior portion of such enclosed areas shall not be partitioned or finished into separate rooms except for stairwells, ramps, and elevators, unless a partition is required by the fire code. The limitation on partitions does not apply to load bearing walls interior to perimeter wall (crawlspace) foundations. Access to enclosed areas shall be the minimum necessary to allow for the parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the building (stairway or elevator).
Remainder unchanged
(p) The Florida Building Code, Building is hereby amended by the following technical
amendments: 1612.4.1 Additional requirements for enclosed areas. In addition to the requirements of ASCE 24, enclosed areas below the design flood elevation shall not be partitioned or finished into separate rooms except for stairwells, ramps, and elevators.
Sec. 5.5-35. – Fees and penalties.
(a) (FBC 109.2) Fee schedule. The board of county commissioners is authorized to establish, by resolution, fees and penalties for the administration and enforcement of the Florida Building Code and this ordinance.
(b) (FBC 109.4) Work commencing before permit issuance. This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases the required permit must be obtained within three (3) business days and any unreasonable delay in obtaining those permit shall result in the charge of a double fee. The payment of a double fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The building official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing. (c) Refunds or Reduction of Building Permit Fees. The building official may grant a full refund, partial refund or reduction of a building permit fee when justifiable cause has been demonstrated in writing. No permitting, plan review or administrative costs already incurred shall be refunded or reduced. Any and all requests for refunds shall be made within one year of payment of the initial fees.
SECTION 2. SEVERABILITY.
It is hereby declared to be the intent of the Board of County Commissioners of Marion County that if any section, subsection, clause, phrase, or provision of this ordinance is held invalid or
unconstitutional, such invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining provisions of this ordinance.
SECTION 3. REPEAL OF ORDINANCES.
All ordinances or parts of ordinances, in conflict with this ordinance are, to the extent of such conflict, hereby repealed.
SECTION 4. INCLUSION IN COUNTY CODE.
It is the intent of the Board of County Commissioners of Marion County, Florida, and it is hereby provided that the provisions of this ordinance be incorporated into the Marion County Code of Ordinances, that the sections of this ordinance may be re-numbered or re-lettered to accomplish such intent.
SECTION 5. EFFECTIVE DATE.
A certified copy of this ordinance shall be filed with the Secretary of State by the Clerk within ten days after enactment by the Board of County Commissioners, and shall take effect upon such filing as provided in F.S. § 125.66(2)(b).
DULY ADOPTED this 21st day of July, 2020.
BOARD OF COUNTY COMMISSIONERS MARION COUNTY, FLORIDA
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