HomeMy WebLinkAboutDocumentation_Regular_Tab 15_1/11/2024 Agenda Item #16.
Regular Council
STAFF MEMO
Meeting: Regular Council - Jan 11 2024
Staff Contact: Wayne Cameron Department: Building
ORDINANCE 19-23, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. ARTICLE II. BUILDINGS. SECTION
14-32 TO ADOPT CHAPTER 1, ADMINISTRATION, OF THE FLORIDA BUILDING CODE. AS
AMENDED, IN ACCORDANCE WITH THE REQUIREMENTS OF SEC. 553.73(4)(a) FLORIDA
STATUTES; PROVIDING FINDINGS OF FACT; PROVIDING FOR TRANSMISSION OF THIS
ORDINANCE TO THE FLORIDA BUILDING COMMISSION; PROVIDING DIRECTION TO THE
VILLAGE MANAGER TO ASSURE THAT THIS ORDINANCE IS MADE AVAILABLE TO THE
GENERAL PUBLIC IN A USABLE FORMAT; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUBSECTION OF CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS.
SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE, AND FOR OTHER PURPOSES.
With the new Florida Building Code being effective on January 1st, 2024, the Village of Tequesta
Code of Ordinances Chapter 14. Buildings and building regulations, Article II. Buildings, Sec. 14-32,
will align with the provisions of the code for local applicability.
The Florida Building Code governs the design and construction of buildings within the Village of
Tequesta. Chapter 1 of the Florida Building Code contains the administrative (non-technical)
provisions of the Florida Building Code, which may be amended by local governments. The Village's
Building Official is proposing amendments to Chapter 1, which will be equal to or more stringent than,
the administrative portions of the Florida Building Code. The recent changes in legislative laws that
have been passed are included into the Chapter 1 amendments. These include the Milestone
requirements, unsafe structures and the timeline of reviewing the application for a building permit.
The State of Florida's version of Chapter 1 (attachment 1), and the Village of Tequesta's version of
Chapter 1 are presented in the documents attached (attachment 2).
Ordinance 19-23 provides the proposed code language for Chapter 1, Administration of the Florida
Building Code.
This item went before the LPA on December 19th who recommended approval.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
Page 307 of 428
Agenda Item #16.
• - pi
BUDGET AMOUNT N/A AMOUNT AVAILABLE N/A EXPENDITURE AMOUNT: N/A
FUNDING SOURCES: N/A IS THIS A PIGGYBACK:
❑ Yes ❑x N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑x N/A
COMMENTS/EXPLANATION ON SELECTIONN/A
Attachment 1 - FBC 8th Edition - Chapter 1
Attachment 2 - FBC 8th Edition - Chapter 1 with changes Highlighted
19-23 Ordinance FBC Ch 1 Teguesta Approved
Page 308 of 428
Agenda Item #16.
CHAPTER 1
SCOPE AND ADMINISTRATION
PART 1-SCOPE AND APPLICATION and/or appurtenances,including ventilating,heating,cool-
ing, air-conditioning and refrigeration systems, incinera-
tors and other energy-related systems.
SECTION 101 [A] 101A.3 Plumbing..The provisions of the Florida
SCOPE AND GENERAL REQUIREMENTS
Building Code,-Plumbing shall apply to the installation,
[A] 101.1 Title. These regulations shall be known as the alteration, repair and replacement of plumbing systems,
Florida Building Code,hereinafter referred to as"this code." including equipment, appliances, fixtures, fittings and
[A] 101.2 Scope. The provisions of this code shall apply to appurtenances,and where connected to a water.or sewage
the construction,alteration;relocation,enlargement,replace- system and all aspects of a medical gas system.
ment,repair,equipment,use and occupancy, location,main- [A]101.4.4 Property maintenance.Reserved.
tenance, removal and demolition of every building or
structure or any appurtenances connected or attached to such [A] 101.4.5 Fire prevention. For provisions related to
buildings or structures. fire;prevention,refer to the Florida Fire Prevention Code.
The Florida Fire Prevention Code shall-apply.to matters
Exceptions: affecting or relating to structures,processes and premises
1. Detached one-and two-family dwellings and multi- from the hazard offire and explosion arising from the stor-
ple single-family dwellings (townhouses) not more age, handling or.use of structures, materials or devices.;
than three stories above grade plane in height with a from conditions hazardous to life,property or public wel-
separate'means of egress,and their accessory struc- fare in the occupancy of structures or premises; and from
tures not more than three stories above grade plane the construction,'extension, repair,alteration or removal
in height, shall comply with the Florida Building of fire suppression, and alarm systems. or fire.hazards in
Code,Residential. the structure or on the premises from occupancy or opera-
2, Code requirements that address snow loads and tion. -
I earthquake protection shall, not. be utilized or [A] 101.4.6 Energy. The provisions of the Florida Build-
enforced. ing Code,Energy Conservation shall apply.to,all matters
[A] 101.2.1 Appendices. Provisions in the appendices governing the design and construction of buildings for
shall not apply unless specifically adopted. energy efficiency.
[A] 101.3 Intent.The purpose of this code is to establish the [A] 101.4.7 Existing buildings. The provisions of the
minimum requirements to provide a reasonable level of Florida Building Code, Existing Building shall apply to
safety, public health and general welfare through structural . .in governing the repair,alteration, change of occu-
strength, means of egress facilities, stability, sanitation, ade- pancy,addition to and relocation of.existing buildings.
quate light and ventilation,energy conservation,and safety to 101.4.8 Accessibility.For provisions related to accessibil-
life and property from fire and other hazards attributed to the ity,refer to the Florida Building Code,Accessibility.
built environment and to provide a reasonable level of safety 101.4.9 Manufactured buildings.For additional adminis-
to fire fighters and emergency responders during emergency trative and special code requirements, see.Section 458,
operations. Florida Building Code,Building,and Rule 61-41 F.A.C.
[A] 101.4 Referenced codes. The other codes listed in Sec-
tions 101.4.1 through 101.4.9 and referenced elsewhere in
this code shall be considered part of the requirements of this SECTION 102
code to the prescribed extent of each such reference. APPLICABILITY
[A] 101.4.1 Gas. The provisions of the Florida Building [A] 102.1 General.Where there is a conflict between a gen-
Code,Fuel Gas shall apply10 the installation of gas piping eral requirement and a`specific requirement, the specific
from the point of delivery, gas appliances and related requirement shall be applicable. Where,in any specific case,
accessories as covered in this code. These requirements different sections of this code specify different materials,
apply to gas piping systems extending from the point of methods of construction' or other requirements, the most
delivery to the inlet connections of appliances and the restrictive shall govern.
installation and operation of residential and.commercial 102.1.1 The Florida Building Code does not apply to,and
/ gas appliances and related accessories. no code enforcement action shall be brought with respect
[A] 101.4.2 Mechanical. The provisions of the Florida to,zoning requirements, land use requirements and owner
Building Code, Mechanical shall apply to the installation, specifications or programmatic requirements which do not
alterations, repairs and replacement.of mechanical sys- pertain to and govern the design, construction, erection,
tems, including equipment, appliances, fixtures, fittings alteration, modification, repair or demolition of public or
FLORIDA BUILDING CODE—BUILDING,8th EDITION(2023) Page 309 dF 428
Agenda Item #16.
SCOPE AND ADMINISTRATION
private buildings, structures or facilities or to program- (j) Temporary housing provided by the Department of
matic requirements that do not pertain to enforcement of Corrections to any prisoner in the state correctional
the Florida Building Code. Additionally, a local code system.
enforcement agency may not administer or enforce the (k) A building or structure having less than 1,000 square
Florida Building Code, Building to prevent.the siting of Z)which is constructed and owned by a nat-
any publicly owned facility, including,but not limited to, feet(93 in)
person for hunting.and which is repaired or '
correctional facilities, juvenile justice facilities, or state reconstructed to the same dimension and condition as
universities, community colleges, or public education existed on January 1,2011, if the building or struc-
facilities,as provided by law. tune:
102.2 Building.The provisions of the Florida Building.Code 1. Is not rented or leased or used as a principal resi-
shall apply to the construction,erection, alteration,modifica- dence;
tion,repair,equipment,use and occupancy,location,mainte-
nance, removal and demolition of every. public and private 2. Is not located within the 100-year flood plain
building, structure or facility or floating residential structure, according to the Federal.Emergency Management
or any appurtenances connected or attached to such buildings, Agency's current Flood Insurance Rate Map;and
structures or facilities. Additions, alterations, repairs and 3: Is not connected to an off-site electric power or
changes of use or occupancy group in all buildings and struc-
tures shall comply with the provisions provided in the'Flor-
ida Building Code, Existing 'Building. The following 102.2.1 In addition to the requirements of Sections 553.79
buildings, structures and facilities are exempt from the Flor- and 553.80,Florida Statutes, facilities subject to the pro-
ida Building Code as.provided by law, and any further visions of Chapter 395, Florida Statutes, and Part.II of
exemptions shall be as determined by the legislature and pro- Chapter 400 Florida Statutes, shall have facility plans
vided by reviewed and.construction surveyed by the state agency
(a) Building and structures specifically regulated and pre-
Florida to do so under the requirements of Chapter 395,
Florida Statutes,and Part II of Chapter 400,Florida Stat-
empted by the ffederal government. utes,'and.the certification requirements of the federal gov-
(b) 'Railroads and ancillary facilities associated with the ernment.
railroad. 102.2.2 Residential buildings or structures moved into or
(c) Nonresidential farm buildings on farms. within a county or municipality shall not be required to be
brought into compliance with the state minimum building
(d) Temporary buildings or sheds used exclusively for code in force at the time the building or structure is
construction purposes. moved,provided:
(e) Mobile or modular structures used as temporary 1. The building or structure is structurally sound and in
offices,except that the provisions of Part II(Sections occupiable condition for its intended use;
553.501-553.513, Florida Statutes)relating to acces-
sibility by persons with disabilities shall apply to such 2. The occupancy use classification for the building or
mobile or modular structures. structure is not changed as a result of the move;
(f)' Those structures or. facilities of electric utilities, as 3. The building is not substantially.remodeled;
defined'in Section 366.02,Florida Statutes,which are 4. Current fire code requirements for ingress and
directly involved in the generation,transmission, or egress.are met;
distribution of electricity. .
5. Electrical,gas and plumbing systems meet the codes
(9) Temporary sets, assemblies, or structures used in in force at the time of construction and are opera-
commercial motion picture or television production, tional and safe.for reconnection;and
or any sound-recording equipment used in such pro-
duction,on or off the premises. 6. Foundation plans are sealed by a professional engi=
neer or architect licensed to practice in this state,if
(h) Chickees constructed by the Miccosukee Tribe of required by the Florida Building Code, Building for
Indians of Florida or,the Seminole Tribe of Florida. all. residential buildings.or structures of the same
As used in this paragraph,,the term "chickee" means occupancy class.
an open-sided wooden but that has a thatched roof of 102.2:3 The building official shall apply same standard
palm or palmetto or other traditional materials, and to a moved residential building or structure as thatapplied
that does not incorporate any electrical;plumbing, or to the remodeling of any comparable residential building
other nonwood features. or structure to determine whether the moved structure is
(i) Family,mausoleums not exceeding 250 square feet substantially remodeled. The cost of the foundation on
(23 in)in area which are prefabricated and assembled which the moved building or structure is placed shall not
on site or preassembled and delivered on site and have be .included in the cost of remodeling for purposes of
walls, roofs, and a floor constructed of granite, mar- determining whether a moved building or structure has
ble,or reinforced concrete. been substantially remodeled.
2 FLORIDA BUILDING CODE—BUILDING,8th EDIT fl�igwaj 0 Of 428
Agenda Item #16.
SCOPE AND ADMINISTRATION
102.2.4 This section does not apply to the jurisdiction and [A] 102.4.1 Conflicts.Where conflicts occur between pro-
authority of the Department of Agriculture and Consumer visions of this code and referenced codes and standards,
Services to inspect amusement rides or the Department of the provisions of this code shall apply.
Financial.Services to inspect state-owned buildings and [A] 102.4.2 Provisions in referenced codes and stan-
boilers: dards. Where the extent of the reference to a referenced
102.2.5 Each enforcement district shall be governed by a code or standard includes subject matter that is within the
board;the composition of which shall be determined by scope of this code or the Florida Codes listed in Section
the affected localities. 101.4, the provisions of this code or the Florida Codes
1. At its own option,each enforcement district or local listed in Section 101.4, as applicable, shall take prece-
enforcement agency.may adopt rules granting to the Bence over the provisions in the referenced code or stan-
owner of a single-family residence one or more lard.
exemptions from the Florida Building Code relating [A] 102.5 Partial invalidity.Reserved.
to: [A] 102.6 Existing structures. The legal occupancy of any
a. Addition,alteration, or repairs performed by the structure existing on the date of adoption of this code shall be
property owner upon his or her own property, permitted to continue without change, except as otherwise
provided any addition or alteration shall not specifically provided in this code,the Florida Building Code,
exceed 1,000 square feet (93 m2) or the square Existing Building or the Florida Fire Prevention Code.
footage of the primary structure, whichever is [A] 102.6.1 Buildings not previously occupied.A build-
less. ing or portion of a building that has not been previously
b. Addition, alteration, or repairs by a nonowner occupied or used for its intended purpose in accordance
within a specific cost limitation set by rule,pro- with the laws in existence at the time.of its completion
vided the total cost shall not exceed $5,000 shall comply with the provisions of the Florida Building
within any 12-month period; Code, Building or Florida Building Code;Residential,as
c. Building and inspection fees. applicable, for new construction or with any current per-
2. However, the exemptions under subparagraph 1 do
mit for such occupancy.
not apply to single-family residences that are located [A] 102.6.2 Buildings previously occupied. The legal
in mapped flood hazard areas, as defined in the occupancy of any building existing on the date of adoption
code; unless the enforcement district or .local, of this code shall be permitted to continue without change,
enforcement agency has determined that the work, except as otherwise specifically provided in this code,the
which is otherwise exempt, does not constitute.;a Florida Fire Prevention Code or as is deemed necessary
substantial improvement, including the repair of by the building official for the general safety and welfare
substantial damage, of .such single-family resi- of the occupants and the public.
deuces. 102.7 Relocation of manufactured buildings.
3. Each code exemption, as defined in sub-subpara- (1) Relocation of an existing manufactured building does
graphs la, lb, and lc shall be certified to the local not constitute an alteration.
board 10 days prior to implementation and shall (2) A relocated building shall comply with wind speed
only be effective in the territorial jurisdiction of the requirements.of the new location,using the appropri.
enforcement district'or local enforcement agency ate wind speed map.If the existing building was man-
implementing it. ufactured in compliance with the Standard"Building
102.2.6 This section does not apply to swings and other Code(prior to March 1,2002),the wind speed map of
playground equipment accessory to a one-or two-family the Standard Building Code shall be applicable.If the
dwelling: existing building was manufactured in compliance
Exception: Electrical service to such playground with the Florida Building Code(after March 1,2002),
equipment shall be in accordance with Chapter 27 of the wind speed map of the Florida Building,Code
this code. shall be applicable.
[A] 102.3 Application of references. References to chapter (3) A relocated building shall.comply with the flood haz-
or section numbers, or to provisions not specifically identi- and area requirements of the new location, if.applica-
fled by number, shall be construed to refer to such chapter, ble.
section,or provision of this code. 102A Existing mechanical equipment. An agency or local
[A] 102.4 Referenced codes and standards. The codes and government may not require that existing mechanical equip-
standards referenced in this code shall be considered part of ment located on or above the surface of a roof be installed in
the requirements of this code to the prescribed extent of each compliance with the requirements of the Florida Building
such reference and as further regulated.in Sections 102.4.1 Code except during reroofing when the equipment is being
and 102.4.2. replaced or moved and is not in compliance with the provi-
sions of the Florida Building Code relating to roof-mounted
mechanical units.
FLORIDA BUILDING CODE-BUILDING,8th EDITION(2023) Page 311 df 428
Agenda Item #16.
SCOPE AND ADMINISTRATION
PART 2—ADMINISTRATION AND ENFORCEMENT 2.5.Durability.
2.6. Safety.
SECTION 103 Where the alternative material, design or method of con-
DEPARTMENT OF BUILDING SAFETY struction is not approved, the building official shall respond
RESERVED. in writing, stating the reasons why the alternative was not
approved.
[A] 104.11.1 Research reports. Supporting data, where
SECTION 104 necessary to assist in the approval of materials or assem-
DUTIES AND POWERS OF BUILDING OFFICIAL blies not specifically provided for in this code, shall con-
[A) 104.1 General.Reserved. gist of valid'research reports from approved sources.
[A] 104.2 Applications and permits.Reserved. [A] 104.11.2 Tests. Whenever there is insufficient evi-
[A] 104.2.1 Determination of substantially improved or dence of compliance with the provisions of this code, or
substantially damaged existing buildings and strue- evidence that a material or method does not conform to the
tures:in flood hazard areas.Reserved. requirements of this code, or in order to substantiate
claims for alternative materials or methods, the building
[A] 104.3 Notices and orders:Reserved. official shall have the authority to require tests as evidence
[A] 104.4 Inspections.Reserved. of compliance to be made at no expense to the jurisdiction.
Test methods shall be as specified in this code or by other
[A] 104.5 ldentification.Reserved: recognized test standards. In the absence of recognized
[A] 104.6 Right of entry.Reserved. and accepted test methods; the building official. shall
[A]104.7 Department records.Reserved. approve the testing procedures. Tests shall be performed
by an approved agency. Reports of such tests shall be
[A] 104.8 Liability.Reserved. retained by the building official for the period required for
[A] 104.8.1 Legal defense.Reserved. retention of public records.
[A] 104.9 Approved materials and equipment. Materials,
equipment and devices approved by the building official shall SECTION 105
be ,constructed and installed in accordance with such PERMITS
approval.
[A] 105.1 Required.Any owner or owner's authorized agent
[A] 104.9.1 Used materials and equipment. The use of who intends to construct,enlarge,alter,repair,move,demol-
used materials that meet the requirements of this code for ish or change the occupancy of a building or structure, or to
new materials is permitted. Used equipment and devices erect, .install, :enlarge, alter, repair, remove, convert or
shall not be reused unless approved by the building off- erect,
any 'impact-resistant coverings, electrical, gas,
cial. mechanical or plumbing system, the installation of which is
[A] 104.10 Modifications.Reserved., regulated by this code, or to cause,any such work to be per-
[A] 104.10.1 Flood hazard areas. Reserved. formed, shall fast make application to the building official
and obtain the required permit.
[A] 104.11 Alternative materials,.design and methods of
construction and equipment. The provisions of this code [A] 105.1.1 Annual facility permit. In lieu of an indi-
are not intended to prevent the installation of any material or vidual permit for each alteration to an existing electrical,
to prohibit any design or method of construction not specifi- gas, mechanical, plumbing or interior nonstructural
cally prescribed by this code,provided that any such alterna- office system(s), the building official is authorized to
tive has"been approved. An alternative material, design or issue an annual permit for any occupancy to facilitate
method of construction shall be approved where the building routine or emergency service,repair,refurbishing,minor
official finds that the proposed alternative meets all of the fol- renovations of service systems or manufacturing equip-
lowing: ment.installations/relocations. The building official shall
be notified of major changes and shall retain the right to
1. The alternative material,design or method of construc- make inspections at the facility site as deemed necessary.
tion is satisfactory and complies with the intent of the An annual. facility permit shall be assessed with an
provisions of this code. annual fee and shall be valid for one year from date of
2. The material, method or work offered is, for the pur issuance. A separate permit shall be obtained for each
pose intended,not less than the equivalent of that pre- facility and for each construction trade, as applicable.
scribed in this code as it pertains to the following: The permit application shall contain a general descrip-
2.1. Quality. tion of the parameters of work intended to be performed
during the year:
2.2.Strength. [A] 105.1.2 Annual permit records.The person to whom
2.3.Effectiveness. an annual permit is issued shall keep a detailed record of
2.4.Fire resistance. alterations made under such annual permit. The building
4 FLORIDA BUILDING CODE-BUILDING,8th EDITRsgafi 2 Of 428
Agenda Item #16.
SCOPE AND ADMINISTRATION
official shall have access to such records at all times or 2. The clearing of stoppages or the repairing of leaks in
such records shall be filed with the building official as des- pipes, valves or fixtures and the removal and rein-
ignated. stallation of water closets,provided such repairs do
105.1.3 Food permit. In accordance with Section 500.12, not involve or require the replacement or rearrange-
ment of valves,pipes or fixtures.
Florida Statutes, a food permit from the Department of
Agriculture and Consumer Services is required of any per- [A] 105.2.1 Emergency repairs. Where equipment
son who operates a food establishment or retail store. replacements and repairs must be performed in an emer-
105.1.4 Public swimming pool. The local enforcing gency situation,the permit application shall be submitted
agency may not issue a building permit to construct, within the next working business day to the building off-
develop, or modify a public swimming pool without proof cial.
of application, whether complete or.incomplete, for an [A] 105.2.2 Minor repairs. Ordinary minor repairs may
operating permit pursuant to Section 514.031, Florida be made with the approval of the building official without
Statutes.A certificate of completion or occupancy may not a permit, provided the repairs do not include the cutting
be issued until such operating permit is issued. The local away of any wall,partition or portion thereof,the removal
enforcing agency shall conduct their review of the build- or cutting of any structural beam or load-bearing support,
ing permit application upon filing and iff accordance with or the removal or change of any required means of egress,
Chapter 553,Florida Statutes.The local enforcing agency or rearrangement of parts of a structure affecting the
may confer with the:Department of Health, if necessary, egress requirements; nor shall ordinary repairs include
but may not delay the building permit application review addition to,alteration of,replacement or relocation of any
while awaiting comment from the Department of Health. standpipe,water supply,sewer,drainage,drain leader,gas,
[A] 105.2 Work exempt from permit. Exemptions from soil,waste,vent or similar piping,electric wiring systems
permit requirements of this code shall not be deemed to grant or mechanical equipment.or other work affecting public
authorization for any work to be done in any manner in viola- health or general safety, and such repairs shall not violate
tion of the provisions of this code. Permits shall not be any of.the provisions of the technical codes.
required for the following: [A] 105.2:3 Public service agencies.Reserved.
Gas: [A] 105.3 Application for permit. To obtain a permit, the
1. Portable heating appliance: applicant shall first file an application therefor in writing on a
form furnished by the building department for that purpose.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment permit application forms shall be in the format prescribed
unsafe. by a local administrative board,if applicable,and must com-
ply with the requirements of Sections 713.135(5) and (6),
Mechanical: Florida Statutes.
1. Portable heating appliance. Each application shall be inscribed with the date of appli-
2. Portable ventilation equipment. cation, and the code in effect as of that date. For a building
permit for which an application is submitted prior to the
3. Portable cooling unit: effective date of the Florida Building Code, the state mini-
4. Steam,hot or chilled water piping within any heat- mum building code in effect in the permitting jurisdiction on
ing or cooling equipment regulated by this code. the date of the application governs the permitted work for the
5. Replacement of any part that does not alter its life of the permit and any extension granted to the permit.
approval or make it unsafe. Effective October 1, 2017, a local enforcement agency
shall post each type of building permit application on its web-
Portable evaporative cooler. site. Completed applications must be able to be submitted
7. Self-contained refrigeration system containing 10 electronically to the appropriate building department.
pounds (4.54 kg)or less of refrigerant and actuated Accepted methods of electronic submission include, but are
by motors of 1 horsepower(0.75 kW)or less. not limited to, e-mail submission of applications in portable
document.format or submission of applications through an
8. The installation, replacement, removal or metering electronic fill-in form available on the building department's
of any load management control device. website or through .a third-party submission management
Plumbing: software. Payments, attachments, or drawings required as
1. The stopping of leaks in drains,water,soil,waste or part of the permit application may be submitted in person in a
vent pipe,provided,however, that if any concealed nonelectronic format,at the discretion of the building official.
trap, drain pipe, water, soil, waste or vent pipe [A] 105.3.1 Action on application.The building official
becomes defective and it becomes necessary to shall examine or cause to be examined applications for .
remove and replace the same with new material, permits and amendments thereto within a reasonable time
such work shall be considered as new work and a after filing. If the application or the construction docu-
permit shall be obtained and inspection made as pro- meats do not conform to the requirements of pertinent
vided in this code, laws, the building official shall reject such application in
FLORIDA BUILDING CODE—BUILDING,8th EDITION(2023) Page 313 (A 428
Agenda Item #16.
SCOPE AND ADMINISTRATION
writing,stating the reasons therefor.If the building ogicial document for the replacement or repair of an
is satisfied that the proposed work conforms to the require- existing system in which the work does not
ments of this code and laws and ordinances applicable require altering a structural part of the building or
thereto,the building ojf1cial shall issue a permit therefor as for work on a residential one-, two-, three-, or
soon as practicable. When authorized through contractual four-family structure.
agreement with a school board, in acting on applications An air-conditioning system'may be designed
for permits,the building official shall give first priority to by an installing air-conditioning contractor certi-
any,applications for the construction of,or addition or ren- tied under Chapter 489,Florida Statutes,to serve
ovation to,any school or educational facility: any building or addition which is designed to
105.3.1.1 If a state university,Florida college or public accommodate fewer than 100 persons and
school district elects to use a local government's code requires an air-conditioning system with a value
enforcement offices, fees.charged by counties and of$125,000 or less; and.when a 15-ton-per sys-
municipalities for enforcement of the Florida Building tem or less is designed for a singular space of a
Code on buildings,structures,and facilities of state uni- building and each 15-ton system or less has an
versities,state colleges,and public school districts shall independent duct system.Systems.not complying
not. be more than the actual labor and administrative with the above require design documents that are
costs incurred for plans review. and inspections to to be sealed by a professional engineer.
ensure compliance with the code. Example 1:When a space has two.10-ton sys-
105.3.1.2 No permit may be issued for any building tems with each having an independent duct
construction, erection, alteration, modification, repair, system, the contractor may design these two
or addition unless the applicant for such permit pro- systems since:each unit (system) is less than
vides to the enforcing agency which issues the permit 15 tons.
any of the following documents which apply to the con- Example 2• Consider .a: small single-story
struction for which the permit is to be issued and which office building which consists.of six individ-
shall be prepared by:or under the direction of an engi- ual offices where each office>has a single
neer registered under Chapter 471,Florida Statutes: three-ton package air conditioning heat pump.
1. Plumbing documents for any new.building.or The six heat pumps are connected to a single,
addition which requires a plumbing system with water cooling•tower. The cost of ithe entire
more than 250 fixture units or which costs more heating,ventilation and air-conditioning work
than$125,000.` is $47,060 and the office building accommo-
dates fewer than 100 persons.Because the six
2. Fire sprinkler documents for any new building or mechanical units are connected to'a common
addition which includes a fire.sprinkler system water tower,this is considered to be an 18-ton
which contains 50 or more sprinkler heads. Per- system.
sonnel as authorized by chapter 633 Florida Stat- Note: It was further clarified by the Commis-
utes, may design a new fire sprinkler system of s.ion that the limiting criteria of 100 persons
49:or fewer heads;may design the alteration of an and$125,000 apply to the building occupancy
existing fire sprinkler system if the alteration load and the cost for the.total air-conditioning
consists of the relocation, addition or deletion of system of the building.
49 heads or fewer,notwithstanding the size of the
existing fire sprinkler system;or may design the 4. Any specialized mechanical,electrical,or plumb-
alteration of an existing fire sprinkler system if ing document for any new building or,addition
the alteration consists.of the relocation or dele which includes a medical gas, oxygen, steam,
tion of 249 or fewer sprinklers,notwithstanding vacuum, toxic air filtration, halon, or fire detec-
the size;of the existing fire sprinkler system, if tion and alarm system which costs more than
there is no change of occupancy of the'affected $5,900.
areas,as defined in this code and the Florida Fire Exception: Simplified permitting process for
Prevention Code, and there is no change in the fire alarm system projects.
water demand as defined in NFPA 13,"Standard
for the.Installation of Sprinkler Systems, and if (1) As used in this section,the term:
the occupancy hazard classification as defined in (a) "Contractor" means a person
NFPA 13 is reduced or remains the same as a who is qualified to engage in the
result of the alteration. business of electrical or alarm
3. Heating, ventilation, and air:conditioning docu- system contracting pursuant to a
mens for any new building or addition which certificate or registration issued
requires more than a 15-ton-per-system capacity by the department under Part.II
which is designed to accommodate 100 or more of Chapter 489,Florida Statutes.
persons or for which the system costs more than (b)"Fire alarm system project"means
1125,000. This paragraph does not include any a fire alarm system alteration of a
6 FLORIDA BUILDING CODE-BUILDING,8th EDI7RsUgb2J)1 4 Of 428
Agenda Item #16.
SCOPE AND ADMINISTRATION
total of 20 or fewer initiating the request, the local government must, within
devices and notification devices, 15 days after receiving such information:
or the installation or replacement a. Determine if the application is properly
of a fire communicator connected completed;
to an existing fire_alarm control
panel in an existing commercial, b. Approve the application;
residential, apartment, coopera- c. . Approve the application with conditions;
tive or condominium building.
d. Deny the application;or
(2) A local enforcement agency:
e. Advise the applicant of information, if
(a) May require a contractor, as a any, that is needed to deem the applica-
condition of obtaining a permit tion properly completed or to determine
for a fire alarm system project,to the sufficiency of the application.
submit a completed application 3. If a local government makes a second request
and payment. for additional information from the applicant
(b) May not..require a contractor to and the applicant submits the requested addi-
submit plans or specifications as tional information to the local government
a condition of obtaining a permit within'30 days after receiving the request, the
for a fire alarm system project. local government must, within 10 days after
(3) A local enforcement agencymust issue receiving such information:
a permit for fire alarm system project a. Determine if the application is properly
in person or electronically, completed;
(4) A local enforcement_ agency must b. Approve the application;
require at least one inspection of afire c. Approve the application with conditions;
alarm system project to ensure compli-
ance with applicable codes and stan- d. Deny the application;or
dards. If a fire alarm system project e. Advise the applicant of information, if
fails an inspection,the contractor must any, that is needed.to deem the.applica-
take,corrective action as necessary to tion properly completed or to determine
pass inspection. the sufficiency of the application.,
(5) A contractor must keep a copy of the 4., Before a third request for additional information
plans and specifications at a fire alarm may be made,the applicant must be offered.an
system project worksite and make such opportunity,to meet with the local government
plans and specifications available to to attempt to resolve outstanding issues. If a
the inspector at each inspection. local government makes a third request for
5. Electrical documents. See Florida Statutes additional information from the applicant and
471.003(2)(h). the applicant submits the requested additional
information to the local government within.30
Documents requiring an engineer seal by this days after receiving the request, the local gov-
part shall not be valid unless a professional engi- ernment must, within 10 days after receiving
neer who possesses a valid certificate of registra- such information unless the applicant waived
tion has signed, dated; and stamped such the local' government's limitation in writing;
document as provided in Section 471.025,'Flor- determine that the application is complete and:
ida Statutes, a. Approve the application;
6. All public. swimming pools and public bathing b. Approve the application with conditions;
places defined by and regulated under Chapter or.
514,Florida Statutes.
c. Deny the application.
105.3.1.3 Reviewing application for building permit.
5. If the,applicant believes the request for addi-
1. When reviewing an application for a building tional information is not authorized by ordi-
permit, a local government may not request nance;rule,.statute,or other legal authority,the
additional.information from the applicant more local government, at the applicant's request,
than three times, unless the applicant waives must process the application and either approve
such limitation in writing. the application, approve the application with
2. If a local government requests additional infor- conditions,or deny the application.
mation from an applicant and the applicant sub- [A] 105.3.2 Time limitation of application.An applica-
mits the requested additional information to the tion for a permit for any proposed work shall be deemed to
local government within 30 days after receiving have been.abandoned 180 days after the date of filing,
FLORIDA BUILDING CODE—BUILDING,8th EDITION(2023) Page 315 of 428
Agenda Item #16.
SCOPE AND ADMINISTRATION
unless such application has been pursued in good faith or a required by state law`and by county or municipal
permit has been issued; except that the building official is licensing ordinances.
authorized to grant one or more extensions of time for 105.3.7 Applicable Code for Manufactured Buildings.
additional periods not exceeding 90 days each. The exten- Manufacturers should be permitted to complete all build-
sion shall be requested in writing and justifiable cause ings designed and approved prior to the effective date of a
demonstrated. new code edition, provided a clear signed contract is in
165.3.3 An enforcing authority may.not issue a building place. The contract shall provide specific data mirroring
permit for any building construction, erection, alteration, that required by an application for permit, specifically,
modification, repair or addition unless.the permit either without limitation, date of execution,building owner or
includes on its face or there is attached to the permit the dealer, and anticipated date of completion. However; the
following statement:"NOTICE:In addition to the require- construction activity must commence within 6 months of
ments of this permit, there may be additional restrictions the contract's execution.The contract is subject to verifi-
applicable to this property that may be found in the public cation by.the Department of Business and Professional
records of this county,and there may be additional permits Regulation.
required from other governmental entities such as water 105.3.8 A local government may not require a contract
management districts,state agencies,or federal agencies. between a builder and an owner for the issuance of a
105.3.14 A building permit for a single-family residential building permit or as a requirement for the submission of a
dwelling must be issued within 30 working days of appli- building permit application:
cation therefor unless unusual circumstances require a Ion- 105.4 Conditions of the permit.
ger time for processing the application or unless the permit 105.4.1 Permit intent.A permit issued shall be construed
application fails to satisfy the Florida Building Code or to be a license to proceed with the'work and not as author-
the enforcing agency's laws or ordinances. ity to violate, cancel, alter or set aside any of the provi-
105.3.5 Identification of minimum premium policy. sions of the.technical codes,nor shall issuance of a permit
Except as. otherwise provided in Chapter 440, Florida prevent the building official from thereafter requiring a
Statutes, Workers' Compensation, every employer shall, correction of errors in plans, construction or violations of
as a condition to receiving a building permit, show proof this code.Every permit issued shall become invalid unless
that it has secured compensation for its employees as pro- the work authorized by such permit is commenced within l
vided in Sections 440.10 and 440.38,Florida Statutes. 6 months after its issuance, or if the work authorized by
105.3.6 Asbestos removal.Moving, removal or disposal such permit is suspended or abandoned for a period of 6
of asbestos-containing materials on a residential building months after the time the work is commenced.
where the owner occupies the building,the building is not 105.4.1.1 If work has commenced and the permit is
for sale or lease,and the work is performed according to revoked,becomes null and void, or expires because of
the owner-builder limitations provided'in this paragraph. lack of progress or abandonment, a new permit cover-
To qualify for exemption under this paragraph, an owner ink the proposed,construction shall be obtained before
must personally appear and sign the building permit appli- proceeding with the work.
cation. The permitting agency shall provide the person 105.4.1.2 If a new permit is not obtained within 180
with a disclosure statement in substantially,the following days from the date the initial permit became null and
form: void, the building official is authorized to require that
Disclosure Statement: State law requires asbestos any work,which has,been commenced or completed be
abatement to be done by licensed.contractors.You have removed from the building site.Alternately,a new per-
applied for a'permit under an exemption to that law. mit may be issued on application,providing the work in
The"exemption allows you,as the owner of your prop- place and required to complete the structure meets all
erty, to act as your own asbestos abatement contractor applicable regulations in effect at the time the initial
even though you do not have a license. You must permit became null and void and any regulations which
supervise the construction yourself. You may move, may have become effective between the date of expira-
remove or dispose of asbestos-containing materials on fion and the date of issuance of the new permit.
a residential building where. you occupy the building 105.4.1.3 Work shall be considered to be in active
and the building is not for sale or lease,or the building progress when the permit has received an approved
is a farm outbuilding on your property. If you sell or inspection within 180 days. This provision shall not be
lease such building within 1 year after the asbestos applicable in case of civil commotion or strike or when
abatement is complete, the law will presume that you the building work is halted due directly to judicial
intended to sell or lease the property at the time the injunction,order or similar process.
work was done,which is a violation of this exemption. 105.4.1.4 The fee for renewal reissuance and extension
You may not hire an unlicensed person as your contrac- of a.permit shall be set forth.by the administrative �
tor. Your work must be done according to all local,state and federal laws and regulations which apply to authority.
asbestos abatement projects.It is your responsibility to 105.5 Additional options for closing a permit. Pursuant to
make sure that people employed by you have licenses Section 553.79(15), Florida Statutes,`a property owner,
8 FLORIDA BUILDING CODE—BUILDING,8th EWRag fii 6 Of 428
Agenda Item #16.
SCOPE AND ADMINISTRATION
regardless of whether the property owner is the one listed on local enforcement agency shall maintain all rights and reme-
the application for the building permit,may close a building dies against the property owner and contractor listed on the
permit by complying with the following requirements: permit.
1. The property owner may retain the original contractor Pursuant to Section 553.79(16), Florida Statutes, a local
listed on the permit or hire a different contractor appro- enforcement agency may not deny issuance of a building per-
priately licensed in this state to perform the work nec- mit to a contractor solely because,the. contractor,is listed.on
essary to satisfy the conditions of the permit and to other building permits that were not closed..
obtain any necessary inspection in order to close the
permit.If a contractor other than the original contractor [A)105.7 Placement of permit.The building permit or copy
listed on the permit is hired.by the property owner to shall be kept on the site of the work until the completion of
close the permit, such contractor is not liable for any the project.
defects in the work performed by the original contrac-
tor and is only liable for the.work that he or she per- 105.8 Notice of commencement.In accordance with Section
forms. 713.135, Florida Statutes, when any person applies for a
building permit,the authority issuing such permit shall print
2. The property owner may assume the role of an owner- on the face of each permit card in no less than 14-point,capi
.builder; in accordance with Sections 489.103(7) and talized, boldfaced type: "WARNING TO OWNER: YOUR
489.503(6),Florida Statutes. FAILURE TO RECORD A NOTICE OF COMMENCE-
3. If a building permit is expired and its requirements MENT MAY RESULT IN YOUR PAYING TWICE FOR
have been substantially completed, as determined by IMPROVEMENTS TO YOUR PROPERTY.A NOTICE OF
the local.enforcement agency,the permit may be closed COMMENCEMENT MUST . BE RECORDED AND
without having to obtain a new building permit,and the POSTED. ON ,THE JOB SITE BEFORE: THE FIRST
work required to close the permit may be done pursuant INSPECTION. ,IF YOU INTEND TO OBTAIN FINANC-
to the building code in effect at the time the local ING,CONSULT WITH.YOUR LENDER OR AN ATTOR-
enforcement agency received the application for the NEY BEFORE RECORDING YOUR, NOTICE OF
permit, unless the contractor has sought and received COMMENCEMENT.
approval from the local enforcement agency for an 105:9 Asbestos. The enforcing agency shall require each
alternative material,design or method of construction. building permit for the demolition or renovation. of an exist-
4. A local enforcement agency may close a building per ing' structure to contain an asbestos notification statement
mit 6 years after the issuance of the permit;even in the which indicates the owner's or operator's responsibility to
absence of a final inspection, if the local enforcement comply with the provisions of Section 469.003,Florida Stat-
agency determines that no apparent safety hazard utes, and to notify the Department of Environmental Protec-
exists: tion of his or her intentions to remove asbestos, when
For purposes of this section, the term"close" means that applicable,in accordance with state and federal law. :.
the requirements of the permit have been satisfied. 105.10 Certificate of protective treatment for.prevention
[A] 105.6 Denial or revocation.Whenever a permit,required of termites. A weather-resistant job-site posting board shall
under this section is denied or .revoked because the plan,or be provided to receive duplicate treatment certificates as each
the construction, erection, alteration,modification,.repair, or required protective treatment is completed,providing a copy
demolition of a building, is found by the local enforcing for the person the permit is issued to and another copy for the
agency to.be not.in compliance with the. Florida Building building permit files.The treatment certificate shall provide
Code, the local enforcing agency shall identify the specific the product used,.identity of the applicator,time and date of
plan or project features that do not comply with the applica- the.treatment,site,location area treated,.chemical used,per
ble codes, identify the specific code chapters and sections cent concentration and number of gallons used,to establish a
upon which the finding is based,and provide this information verifiable record of protective treatment. If the soil chemical
to the'permit applicant. If the local building code administra- barrier method for termite prevention is used, final exterior
tor or inspector finds that the plans are not in compliance with treatment shall be completed prior to final building approval.
the Florida Building Code, the local building code adminis-
trator or inspector shall identify the speck plan features that 105.11. Notice of termite protection. A permanent,sign
do not comply with the applicable codes,identify the specific Which identifies the termite treatment provider and need for
code chapters and sections upon which the finding is based, reinspection and treatment contract renewal shall be pro-
and provide this information to the local enforcing agency. vided.The sign shall be posted near the water heater,or elec-
The local enforcing agency, shall provide this information to tric panel,
the,permit applicant. 105.12 Work starting before permit issuance. Upon
Pursuant to Section 553.79(16), Florida Statutes, a local approval of the building official,the scope of work delineated
enforcement agency may not deny issuance of a building per- in the building permit application and plan may be started
mit to; issue a notice of violation to, or fine,penalize, sanc- prior to the final approval and issuance of the permit, pro-
tion or assess fees against an arm's-length purchaser of a vided any work completed is entirely at risk of the permit
property for value solely because a building permit applied applicant and the work does not proceed past the first
for by a previous owner of the property was not closed. The required inspection.
FLORIDA BUILDING CODE—BUILDING,8th EDITION(2023) Page 317 c#428
Agenda Item #16.
SCOPE AND ADMINISTRATION
105.13 Phased permit approval. After submittal of the may not require as a condition of issuance of a one-or
appropriate construction documents, the building official is two-family residential building permit the inspection
authorized to issue a permit for the construction of founda- of any portion of a building,structure,or real property
tions or any other part of a building or structure before the that is not directly impacted by the construction,erec-
construction documents for the whole building or structure tion, alteration,modification,repair,or demolition of
have been submitted.The holder of such permit for the foun- the building, structure,or real property for which the
dation or other parts of a building or structure shall proceed at permit is sought.
the holder's own risk with the building operation and without (b) This subsection does not apply to a building permit
assurance that permit for the entire structure will be granted. sought for:
Corrections may be.required to meet the requirements of the
technical codes. 1. A substantial improvement as defined in s. 161.54,
Florida Statutes or.as defined in the Florida Build-
105.14 Permit issued on basis of an affidavit. Whenever a ing Code.
permit is'issued in reliance upon an affidavit or whenever the
work to be covered by a permit involves installation under 2. A change of occupancy as defined in the Florida
conditions which,in the opinion of the building official, are Building Code.
hazardous or complex,the building official shall require that 3. A conversion from residential to nonresidential or
the architect or engineer who.signed the affidavit or prepared mixed use pursuant to s.553,507(2)(a),Florida Stat-
the drawings or computations shall supervise.such work. In utes or as defined in the Florida Building Code.
addition,they shall be responsible.for conformity to the per-
mit, provide. copies of inspection reports as inspections are 4.. A historic building as defined in the Florida Build-
performed,. and upon completion make and file with the ing Code.
building-official written affidavit that the work has been done (c) This subsection does not prohibit a local enforcing
in conformity to the reviewed plans and with the structural agency, or any local building code administrator,
provisions of the technical codes. In the event such architect inspector,or other official or entity,from:
or engineer is not available,, the owner shall employ in his 1. Citing any violation inadvertently observed in plain
stead a competent person or agency whose qualifications are view during_the ordinary course .of an inspection
reviewed by the building official. The building official shall conducted in accordance with the prohibition in
ensure that any person conducting plans review is qualified.as paragraph(a).
a plans examiner under Part XII of Chapter 468,Florida Stat-
utes, and that any person conducting inspections is qualified 2. Inspecting a physically nonadjacent portion of a
as a building inspector under Part XII of Chapter 468,.Florida building, structure, or real property that is directly
Statutes. impacted by the construction, erection, alteration,
105.14.1 Affidavits in flood hazard areas.Permit issued
modification, repair, or demolition of the building,
I structure, or real property for which the permit is
on basis of an affidavit shall not extend to the flood load sought in accordance with the prohibition in para-
and.flood resistance requirements of the Florida Building graph(a).
ICode and the building official shall review and inspect
those requirements. 3. Inspecting any portion of a building, structure, or
real property for which the owner or other person
105.15 Opening protection. When any activity requiring a having.control of the building, structure, or real
building permit,-not including roof covering replacement or, property has voluntarily consented to the inspection
repair work associated with the prevention-of degradation of of that portion of the building, structure, :or real
the residence,that is applied for on or after July 1,2008,and property in accordance with the prohibition in Para-
for which the estimated cost is $50,000 or.more for a site graph(a).
built single-family detached residential structure that is
located in the wind-borne debris_region as defined in this 4. Inspecting any portion of a building, structure, or
code and that has an insured value of$750,000 or more,or;if real ,property :pursuant to an inspection warrant
the site built single-family detached residential structure°is issued in accordance with ss: 933.20-933.30, Flor-
uninsured or for which documentation of insured value is not ida Statutes.
presented;has a just valuation for.the structure for purposes 105.17 Streamlined low-voltage alarm system installation
of ad valorem taxation of$750,000 or more;opening protec permitting.
tions as required within this code or Florida Building Code, (1) As used in this section,the term:
Residential for new construction shall be provided.
Exception: Single family residential structures permitted (a) "Contractor" means a person who is qualified to
subject to the Florida Building Code are not required to engage in the business of electrical or alarm sys=
comply with this section. ter,contracting pursuant to a certificate or regis-
tration issued by the department under Part II of
105.16 Innspection of existing residential building not .Chapter 4.89,Florida Statutes.
impacted by,construction. (b) "Low-voltage alarm system project"means a proj
(a) A local enforcing agency,and any local building code ect related to the installation,maintenance,inspec-
administrator, inspector, or other official or entity, tion, replacement, or service of a new or.existing
10 FLORIDA BUILDING CODE—BUILDING,8th EDI7Fc@Q9b2J)1 8 of 428
Agenda Item #16.
SCOPE AND ADMINISTRATION
alarm system, as defined in s. 489.505, Florida (5) A local enforcement agency shall make uniform basic
Statutes, including video cameras and closed-cir permit labels available for purchase by a contractor to
cuit television systems used to signal or,detect a be used for the installation or replacement of anew or
burglary, fire,robbery or medical emergency,that existing alarm system at a cost as indicated in s.
is hardwired and operating at low voltage, as 553.793, Florida Statutes. The local enforcement
defined in the National Electrical .Code Standard agency may not require the payment of any additional
70,Current Edition,or a new or existing low-volt- fees,charges;or expenses associated with the installa
age electric fence.The term also includes ancillary tion or replacement of a new:or existing alarm.
components or equipment attached to a low-volt- (a) A local enforcement agency may not require a
age. alarm system or low-voltage electric-fence, contractor, as a condition of purchasing a label,to
including, but not limited to, home-automation submit information other than identification infor-
equipment, thermostats, closed-circuit television mation of the licensee and proof of registration or
systems; access controls, battery recharging certification as.a contractor.
devices,and video cameras.
(c) "Low-voltage electric fence"means an alarm sys- ro) A label is valid for 1 year after the date of pur-
tem, as .defined in S. 489.505,,that consists:of a chase and may only be used within the jurisdiction
fence structure.and an energizer,powered by a of the local enforcement agency that issued the
commercial storage battery not exceeding 12 volts label.A contractor may purchase labels in bulk for
one or more unspecified
which produces an electric.charge upon.contact current or future projects:
with the fence structure.. (6) A contractor shall post an unused uniform basic per-
(d) "Wireless alarm.system" means a.burglar alarm mit label in a conspicuous place on the premises of
system or smoke detector that is not hardwired: the low-voltage alarm system project site before com-
mencing work on the project.
(2) Notwithstanding any provision of this code, this sec- (7) A contractor, is not required to notify the local
tion applies to all low-voltage alarm system projects enforcement agency before commencing work on a
for which a permit is required by a local enforcement low-voltage alarm system project. However, aeon-
agency. However, a permit is not required to install, tractor must submit a Uniform Notice of a Low-Volt-
maintain, inspect,replace,or service.a wireless alarm age Alarm System Project as provided under
system,.including any ancillary components or equip-
subsection(7)to the local enforcement agency within
ment attached to the system. 14 days after completing the project.A local enforce-
(3) A low-voltage electric fence must meet all of the fol- merit agency may take disciplinary action against a
lowing requirements to be permitted as a low-voltage contractor who fails to timely submit •a Uniform
alarm system project and no further permit shall be Notice of a Low-Voltage Alarm System Project.
required for the low-voltage alarm system project (8) The Uniform Notice of a Low-Voltage Alarm System.
other than as provided in this section: Project may be submitted electronically or by facsim-
(a) The electric.charge produced by the fence upon ile if all submissions are signed by.the owner,tenant,
contact must not exceed energizer characteristics contractor,.or authorized representative of such per-
set forth in paragraph 22.108 and depicted in Fig- sons. The Uniform Notice of a Low-Voltage Alarm
ure 102 of International Electrotechnical Commis- System Project shall be in the format prescribed by
sion Standard No.60335-2-76,Current Edition. the local enforcement agency and must comply with
the requirements of s.553.793(7),Florida Statutes.
(b) A nonelectric fence or wall must completely
enclose the low-voltage. electric fence. The low- (9) A local enforcement agency may coordinate directly'
voltage electric fence.maybe up to 2 feet higher with the owner or customer to inspect a low-voltage
than the perimeter nonelectric fence or wall. alarm system to ensure compliance with applicable
codes and standards.:If a low-voltage alarm system
(c) The low-voltage electric fence must be identified project fails an:inspection, the contractor must take
using warning signs attached to the fence at inter- corrective action as necessary to pass inspection.
vals of not more than 60 feet.
(10) A municipality, county, district, or other entity of
(d) The low-voltage electric fence shall not be local government may not adopt or maintain in effect
installed in an area zoned exclusively for single- any ordinance or rule regarding a low-voltage alarm
family or multi-family residential use. system project that is inconsistent with this section..
(e) The low-voltage electric fence shall not enclose (11) A uniform basic permit label shall not be required for
the portions of a property which are used for resi- the subsequent maintenance,inspection,or service of
dential purposes: an alarm system that.was. permitted in accordance
(4) This section does not apply to the installation or with this section.
replacement of a fire alarm if a plan review is The provisions of this act are not intended to impose
required: new or additional licensure requirements on persons
FLORIDA BUILDING CODE—BUILDING,Sth EDITION(2023) Page 319 of 428
Agenda Item #16.
SCOPE AND ADMINISTRATION
licensed in accordance with the applicable provisions mation as required.by the referenced installation standards
of Chapter 489,Florida Statutes. in Chapter 9.
[A]107.2.3 Means of egress.The construction documents
SECTION 106 shall show in sufficient detail the location construction,
FLOOR AND ROOF DESIGN LOADS size and character of all portions of the means of egress
including the path of the exit discharge to the public way
[A] 106.1 Live loads posted. In commercial or industrial in compliance with the provisions of this code. In other
buildings, for.each floor or portion thereof designed for live than occupancies in Groups R-2, R-3,`and I-1, the con-
loads exceeding 50 psf(2.40 kN/m), such design live loads structon documents shall designate the number of occu-
pants be conspicuously posted by the owner or the owner's pants to be accommodated on every floor,and in all rooms
authorized agent in that part of each story in which they and spaces.
apply,using durable signs.It shall be unlawful.to remove or
deface such'notices. [A] 10.7.2.4 Exterior wall envelope. Construction docu-
[A]106.2 Issuance of certificate of occupancy.A certificate ments for all buildings shall describe the exterior wall
of occupancy required by Section 111 shall not be issued envelope in sufficient detail to determine compliance with
until the floor load signs, required by Section 106.1, have this code. The construction documents`'shall provide
been installed. details of the exterior wall envelope as required, including
flashing, intersections with dissimilar materials, comers,
[A] 106.3 Restrictions on loading. It shall be unlawful to end details, control joints, intersections at roof, eaves or
place,or cause or permit to be placed,on any floor or roof of parapets, means of drainage, water-resistive membrane
a building, structure or portion thereof,`a load greater than is and details around openings.
permitted by this code. The construction documents shall include manufac-
turer's installation instructions that provide supporting
SECTION 107 documentation that the proposed penetration and opening
SUBMITTAL DOCUMENTS details described.in the construction documents maintain
[A] 107.1 General. Submittal documents consisting.of con- the weather resistance of the exterior wall envelope. The
supporting documentation shall fully describe the exterior
struction documents, statement of special inspections, geo- wall system that was tested,where applicable, as.well.as
technical.report and_other;data shall be submitted.in two:or the test procedure used.
more sets with each permit application.The construction doc-
uments shall be prepared by a,registered design professional 107.2.5 Exterior balcony and elevated` walking sur-
where required by Chapter 471,:Florida Statutes or Chapter faces. Where balcony or other elevated walking surfaces
481, Florida Statutes. Where special conditions exist, the are exposed to water from direct or blowing rain or irriga-
building official is authorized to require additional construc- tion,and the structural framing is protected by an impervi-
tion documents to be prepared by a registered design profes- ous moisture barrier, the construction documents shall
sional. include details for all elements of the impervious moisture
Exception:The building off cial is authorized to waive the barrier system. The construction documents shall include
submission of construction documents and other.data not manufacturer's installation instructions.
required to be prepared by:a registered design professional [A] 107.2.6 Site plan. The.construction documents sub-
if it is found that the nature of the work applied for is such mitted with the application for permit shall be accompa-
that review of construction documents is not necessary to nied by a site plan showing to scale the size and location
obtain compliance with this code. of new construction and existing structures on the site,dis-
[A] 107.2 Construction documents. Construction docu- tances from lot lines,the established street grades and the
ments shall be in accordance with Sections 107.2.1 through proposed finished grades and, as applicable,flood hazard
101.2.6. areas,floodways,and design flood elevations;and it.shall
be drawn.in accordance with an accurate boundary line
[A] 107.2.1 Information on construction documents. survey. In the case of demolition,the site plan shall show
Construction documents shall be dimensioned and drawn construction to be demolished and the location and size of
upon suitable material. Electronic:media documents are existing structures and construction that are to remain on
permitted to be submitted where approved by the building the site or plot.The building official is authorized to waive
official. Construction documents shall be of sufficient or modify.the requirement for a site plan where the appli-
clarity to indicate the location, nature and extent of the cation for permit is.for alteration or repair or where other-
work proposed and show.in detail that it will conform to wise warranted. .
the provisions of this code and relevant laws, ordinances,
rules and regulations, as determined by the building offi- [A] 107.2.6.1 Design flood elevations. Where.design
cial. flood elevations are not specified,they shall be estab-
[A] 107.2.2 Fire protection-system shop drawings.Shop fished in accordance with Section 1612:3.1:
drawings for the fire protection system(s) shall be submit- 107.2.6.2 For the purpose of inspection and record
ted to indicate conformance to this code and the construc- retention,site plans for a building may be maintained in
tion documents and shall be approved prior to the start of the form of an electronic copy at the worksite. These
system installation. Shop drawings shall contain all infor- plans must be open to inspection by the building offs-
12 FLORIDA BUILDING CODE-BUILDING,8th EDITRMQM)21�0 Of 428
Agenda Item #16.
SCOPE AND ADMINISTRATION
cial or a duly authorized representative, as required by permit for the foundation or other parts of a building or
the Florida Building Code, structure shall proceed at the holder's own risk with the
[A] 107.2.7 Structural information. The construction building operation and without assurance that a permit for
documents shall provide the information specified in Sec- the entire structure will be granted.
tion 1603. [A] 107.3.4 Design.professional in responsible charge.
[A] 107.3 Examination of documents. The building official Reserved.
shall examine or cause to be examined the accompanying [A] 107.3.4.1 Deferred submittals. Deferral of any
submittal documents and shall ascertain by such examina- submittal items shall have :the prior approval of the
tions whether the construction indicated and described is in building official. The registered design professional in
accordance with the requirements of this code and other perti- responsible charge'shall list the deferred submittals on
nent laws or ordinances. the construction documents for review by the building
Exceptions: official.
1. Building plans approved pursuant to Section Documents for deferred submittal items shall be sub-.
553.77(5), Florida Statutes, and state-approved miffed to the registered:design professional in respon-
manufacturedbuildings are exempt from local codes Bible charge.who shall review them and:forward them
to the building official with a notation indicating that
enforcing agency plan reviews except:for provisions
of the code relating. . the deferred submittal documents have been reviewed
to erection, assembly or con-
struction at the site. Erection, assembly and con- and found to be in general conformance to the design of
struction at the site are subject to local permitting the building. The deferred submittal items shall not be
- ; of plans . installed until the deferred submittal documents have
and inspections. Photocopies approved
according to Rule 61-41.009, Florida Administra- been approved by the building official.
tive Code,shall be sufficient for local permit appli- 107.3.4.2 Certifications by contractors authorized
cation documents of record for the modular building under the provisions of Section 489.115(4)(b),Florida
portion of the permitted project: Statutes,shall be considered equivalent to sealed plans
and specifications by a person licensed.under Chapter
2. Industrial construction on sites where design, con-
struction and fire safety are supervised by appropri- 471,Florida Statutes,or Chapter 481,Florida Statutes,
ate design and inspection professionals and which by local enforcement agencies for plans review for per-
contain adequate in-house fire_departments and res- miffing purposes relating to compliance.with the wind-
cue squads is exempt, subject to local government resistance provisions of the code or alternate methodol-
option, from review'of plans and inspections, pro- ogies approved by-the Florida Building Commission
vidiniding owners that applicable codes and stan- for one-and two-family dwellings. Local enforcement
have been met and :supply appropriate agencies may rely upon such certification by contrac-
dards pp Ytors that the plans and specifications submitted conform
approved drawings to local building and fire-safety to the requirements of the code for wind resistance.
inspectors. Upon good cause shown, local government code
[A] 107.3.1 Approval of construction documents.When enforcement agencies may accept or reject plans sealed
the building official issues a permit,the construction docu- by persons licensed under Chapters 471, 481 or 489,
ments shall be approved, in writing or by stamp, as Florida Statutes.
"Reviewed for Code Compliance." One set of construc- 107.3.5 Minimum plan review criteria for buildings. .
tion documents so reviewed shall be retained by the build- The examination of the documents by the building official
ing off cial. The other set shall be returned to the shall include the following.minimum criteria and docu-
applicant; shall be kept at the site of work and shall be ments: a floor plan; site plan;foundation.plan; floor/roof
open to inspection by the building official or a duly autho- framing plan or truss layout; all fenestration penetrations;
sized representative. flashing; and rough opening dimensions; and all exterior
[A] 107.3.2 Previous'approvals. This code shall not elevations:
require changes in the construction documents, construc- Commercial Buildings:
tion or designated occupancy of a structure for which a Building:
lawful permit has been heretofore issued or otherwise.law-
fully authorized, and the construction of which has been 1. Site requirements:
pursued in good faith within 180 days after the effective Parking
date of this code and has not been abandoned. Fire access
[A] 107.3.3 Phased approval. The building official is Vehicle loading
authorized to issue a permit for the construction of founda- Driving/turning radius
tions or any other part of a building or structure before the Fire hydrant/water supply/post indicator
construction documents for the whole building or structure valve(PIV)
have been submitted, provided that adequate information Set back/separation(assumed property lines)
and detailed statements have been filed complying with Location of specific tanks,water lines and
pertinent requirements of this code. The holder of such sewer lines
FLORIDA BUILDING CODE-BUILDING,8th EDITION(2023) Page 321 Vf 428
Agenda Item #16.
SCOPE AND ADMINISTRATION
Flood hazard areas,flood zones,and design Roof systems
flood elevations Threshold inspection plan
2. Occupancy group and special occupancy Stair systems
requirements shall be determined. 9. Materials shall be reviewed and shall at a mini-
3. Minimum type of construction shall be deter- mum include the following:
mined(see Table 504.3a). Wood
4. .Fire-resistant construction requirements shall Steel
include the following components: Aluminum
Concrete
Fire-resistant separations ` Plastic
Fire-resistant protection for type of construction Glass
Protection of openings and penetrations of Masonry
rated walls Gypsutp board and plaster
Fire blocking and draftstopping and Insulating(mechanical)
calculated fire resistance Roofing
5. Fire suppression systems shall include: Insulation
Early warning smoke evacuation systems 10. Accessibility requirements shall include the fol-
Schematic fire sprinklers lowing::
Standpipes Site requirements
Pre-engineered systems Accessible route
Riser diagram. Vertical accessibility.
6. Life safety systems shall be determined and Toilet.and bathing facilities
shall include the following requirements: Drinking fountains
Occupant load and egress capacities Equipment
Early.warning Special occupancy requirements
Smoke control Fair housing requirements
Stair pressurization I.I.`Interior requirements shall include the follow-
..
Systems schematic mg:
7. Occupancy load/egress requirements shall Interior finishes(flame spread/smoke
include: development)
Occupancy load Light and ventilation
Gross - Sanitation
Net . 12. Special systems:
Means of egress
Exit access Elevators
Exit Escalators
Exit discharge Lifts
Stairs construction/geometry and protection 13. Swimming pools:
Doors Barrier requirements
Emergency lighting and exit signs Spas
Specific occupancy requirements
Construction requirements Wading pools
Horizontal exits/exit.passageways 14. Location and installation details. The specific
8. Structural requirements shall include: location and,installation details of each fire
door, fire damper, ceiling damper.and smoke
Soil conditions/analysis damper shall be shown and properly identified
Termite protection on the building plans by the designer.
Design loads
Wind requirements Electrical:
Building envelope 1. Electrical:
Impact resistant coverings or systems
Structural calculations(if required) Wiring
Foundation Services
Flood requirements in accordance with Feeders and branch circuits
Section 1612,including lowest floor Overcurrent protection
elevations,enclosures,flood damage- Grounding
resistant materials Wiring methods and materials
Wall systems GFCIs
Floor systems
14 FLORIDA BUILDING CODE-BUILDING,8th EDI1PC&gsN2 Of 428
Agenda Item #16.
SCOPE AND ADMINISTRATION
2. Equipment 3, Combustion air
3. Special occupancies 4. Chimneys and vents
4. Emergency systems 5. Appliances ,
5. Communication systems 6. Type of gas
6. Low voltage 7. Fireplaces
7. Load calculations $. LP tank,location
8. Design flood elevation 9. Riser diagram/shutoffs
Plumbing: 10. Design flood elevation
1. Minimum plumbing facilities Demolition:
2. Fixture requirements 1. Asbestos removal
3. 'Water supply piping Residential(one.;and two-family):
4. Sanitary drainage 1. Site requirements:
5. Water heaters
Set back/separation(assumed property lines) .
6. .Vents Location of septic tanks
7. Roof drainage 2. Fire-resistant construction(if required)
8. Back flow prevention 3. Fire.
9. Irrigation 4. Smoke detector locations
10. Location of water supply line 5. Egress: :
11. Grease traps Egress window size and location stairs
12.. Environmental requirements construction requirements
13 Plumbing riser 6 Structural requirements shall include:
14. Design flood elevation Wall section from foundation through roof,
Mechanical:• including assembly and materials
connector tables wind requirements
1. Energy calculations structural calculations(if required)
2. Exhaust systems: Flood hazard areas,flood zones,design
Clothes dryer exhaust flood elevations,lowest floor elevations,
Kitchen equipment exhaust enclosures,equipment,and flood damage-
Specialty exhaust systems resistant.materials
3.. Equipment 7. Accessibility requirements:
4. Equipment location Show/
Accessible bath
5. Make-up air
8. Impact resistant coverings or systems
6. Roof-mounted equipment
Exemptions:
7. Duct systems
Plans examination by the building official.shall not
8,; Ventilation be required for the following work
9. Combustion air 1. Replacing existing equipment.such as mechani-
10. Chimneys,fireplaces and vents cal units,water heaters,etc.
11. Appliances 2. Reroofs
12. Boilers 3. Minor electrical, plumbing and mechanical
13. Refrigeration repairs
14. Bathroom ventilation 4. Annual maintenance permits
15. Laboratory 5. Prototype plans:
16. Design flood elevation Except for local site adaptions,siding,
foundations and/or modifications.
Gas: Except for structures that require waiver.
1, Gas piping 6. Manufactured buildings plan except for founda-
2. Venting lions and modifications of buildings on site.
FLORIDA BUILDING CODE-BUILDING,8th EDITION(2023) Page 323 fff 428
Agenda Item #16.
SCOPE AND ADMINISTRATION
[A] 107.4 Amended construction documents. Work shali not be permitted for more than 180 days.The building official
be installed in accordance with the approved construction is authorized to grant extensions for demonstrated cause.
documents, and any changes made during construction that [A] 108.2 Conformance. Temporary, structures and uses
are not in compliance with the approved construction docu- shall comply with the requirements in Section 3103.
ments shall be resubmitted for approval as an amended set of
construction documents. [A] 108.3 Temporary power. The building official is autho-
[A] 107.5 Retention of construction documents. One set of rized to give permission to temporarily supply and use power
approved construction documents shall be retained by the in part of an electric installation before such installation has
been
building official for a period.of not less than 180 days.from .fully completed and the final.certificate.of completion
date of completion of the permitted work, or as required by has been issued.The part covered by the temporary certificate
state or local laws. shall comply with the requirements specified for temporary
lighting,heat or power in NFPA 70.
107.6 Affidavits. The building official may accept a sworn [A] 108.4 Termination of approval.The building official is
affidavit from a registered architect or engineer stating that authorized to terminate such permit for a temporary structure
the plans submitted conform to the technical codes.For build- or use and to order the temporary structure or use to be dis-
ings and structures,the affidavit shall state that the plans con- continued.
form to the laws as to egress,type of construction and general
arrangement and, if accompanied by drawings, show the
structural design and that the plans and design conform to the SECTION 109
requirements of the technical codes as to strength,stresses, FEES
strains, loads and stability.The building official may without
any examination or inspection accept such affidavit,provided [A] 109.1 Payment of fees.A permit shall not be valid until
the architect or engineer who made such affidavit agrees to the fees prescribed by law have been paid, nor shall an
submit to the building official copies of inspection reports as amendment to a permit be released until the additional fee, if
inspections are performed and upon completion of the struc- any,has been paid.
tune;electrical,gas,mechanical or'plumbing systems a certi- [A] 109.2 Schedule of permit fees.On buildings,structures,
fication that the structure, electrical, gas,. mechanical or electrical, gas, mechanical, and plumbing systems or alter-
plumbing system has been erected in accordance with.the ations requiring a permit,a fee for each permit shall be paid
requirements of the technical codes.Where the building offs- as required,in accordance with the schedule as established by
cial relies upon such affidavit,the architect or engineer shall the applicable governing authority. .
assume full responsibility for compliance with all provisions
of the technical codes and other pertinent laws or ordinances. [A] 109.3 Building permit valuations. The applicant for a
The building official shall ensure that any person conducting permit shall provide an estimated permit value at time of
plans review is qualified as a plans examiner under Part-XII application. Permit valuations shall include total value of
of Chapter 468, Florida Statutes, and that any person con- work, including materials and labor, for which the permit is
ducting inspections is qualified as a building inspector under being issued, such as electrical, gas, mechanical, plumbing
Part XII of Chapter 468,Florida Statutes. equipment and permanent systems. If, in the opinion of the
building official,the valuation is underestimated on the appli-
107.6.1 Building permits issued in flood hazard areas cation, the permit shall be denied, unless the applicant can
on the basis of an affidavit.Pursuant to the requirements show detailed estimates to meet the approval of the building
of federal regulation for participation. in the National official. Final building permit valuation shall be set by the
Flood Insurance Program(44 C.F.R.Parts 59 and 60),the building official.
authority granted to the building official to issue permits,
to rely on inspections,and to accept plans and construction [A] 109.4 Work commencing before-permit issuance..Any
documents on the basis of affidavits and plans submitted Person'who commences any work on a building, structure,.
pursuant to Sections 105.14 and 107.6,shall not extend to electrical,gas;mechanical or plumbing system before obtain-
the flood load and flood-resistance contraction require- ing the necessary permits shall be subject to a fee established
ments of the Florida Building Code. by the building official that shall be in additionto the required
permit fees.
107.6.2 Affidavits provided pursuant to Section
553.791,Florida Statutes.For a building or structure in a [A] 109.5 Related fees.Reserved.
flood hazard area, the.building official shall review any [A] 109.6 Refunds.Reserved.
affidavit certifying compliance with the flood load and
flood-resistant construction requirements of the Florida
Building Code. SECTION 110
INSPECTIONS
SECTION 108 [A] 110.1 General. Construction or work for which a permit
TEMPORARY STRUCTURES AND USES is required shall be subject to inspection by the building offi-
cial and such construction or work shall remain exposed and
[A] 108.1 General. The building official is authorized to provided with access for inspection purposes until approved.
issue a permit for temporary structures and temporary uses. Approval as a result of an inspection shall not be construed to
Such permits shall be limited as to time of service, but shall be an approval of a violation of the provisions of this code or
18 FLORIDA BUILDING CODE—BUILDING,8th EDnRsg 9Dfi?4 Of 428
Agenda Item #16.
SCOPE AND ADMINISTRATION
of other ordinances of the jurisdiction.Inspections presuming of the contractor after all roof and wall sheathing
to give authority to violate or cancel the provisions of this and fasteners are complete and shall at a minimum
code or of other ordinances of the jurisdiction shall not be include the following building components:
valid.It shall be the duty of the owner or the owner's autho- - Roof sheathing
rized agent to cause the work to remain exposed and provided
with access for inspection purposes.Neither the building of- Wall sheathing
cial nor the jurisdiction shall be liable for expense entailed in • Sheathing,fasteners
the removal or replacement of any material required to allow • Roof/wall dry-in
inspection.
[A] 110.2 Preliminary inspection. Before issuing a permit, .4. Exterior wall coverings. Shall at a minimum
the building official is authorized to examine or cause to be include the following building components in
examined buildings,structures and sites for which an applica- progress inspections:
tion has been filed. Exterior wall coverings and.veneers
[A] 110.3 Required inspections-The building official upon Soffit coverings
notification from the permit holder or his or her agent shall 5. Roofing inspection: Shall at a minimum include
make the following`inspections, and shall either release that the following building components:
portion of the construction or shall notify the permit holder or
his or her agent of any violations which must be corrected in Dry-in
order,to comply with.the technical codes.The building offs- Insulation
cial shall determine the timing and sequencing of when Roof coverings
inspections occur and what elements are inspected at each
inspection: Flashing
Building 6. Final inspection. To be made after the building is
1. Foundation inspection. To be made after trenches completed and ready for occupancy. ;
are excavated and forms erected and shall at a 6.1. In flood hazard areas, as part of the final
minimum include the following building compo- inspection, a final certification of the low-
nents: est floor elevation or the elevation to which
• Stem-wall a building is dry floodproofed, as,applica-
ble,shall be submitted to the authority hav-
• Monolithic slab-on-grade ing jurisdiction:
• Piling/pile caps 7. Swimming pool inspection. First inspection to be
• Footers/grade beams made after excavation and installation of reinforc-
ing steel, bonding and main drain and prior to
l.l. In flood hazard areas, upon placement of placing of concrete.
the lowest floor, including basement, and
prior to further vertical construction, the Final inspection to be made when the swim-
elevation certification shall be submitted to Ming pool is complete and all required enclosure
the authority having jurisdiction, requirements are.in place.
2. Framing inspection. To be made after the roof, all In order to pass,final inspection and receive a
framing, fireblocking and bracing is in place, all certificate of completion,a residential swimming
concealing wiring, all pipes, chimneys, ducts and pool must meet the requirements relating to pool
vents are complete and shall at a minimum include safety,features as described in Section 454.2.17
of this code.,;
the following building components:
• Window/door framing 8. Demolition inspections. First inspection to be
• Vertical cells/columns made after all utility connections have been dis-
connected and secured in such manner that no
• Lintel/tie beams unsafe or unsanitary conditions shall exist during
• Framing/trusses/bracing/connectors or after demolition operations.
• Draft stopping/fire blocking Final inspection to be made after all demolition
work is completed:
• Curtain wall framing 9. Manufactured building inspections. The building
Energy insulation department shall inspect construction of founda-
• Accessibility tions; connecting buildings to foundations; instal-
Verify rough opening dimensions are within lation of parts identified on plans as site installed
items,joining the modules,including utility cross-
tolerances, overs;utility connections from the building to util-
3. Sheathing inspection.To be made either as part of a ity lines on site; and any other work done on site
dry-in inspection or done separately at the request which requires compliance with the Florida Build-
FLORIDA BUILDING CODE—BUILDING,8th EDITION(2023) Page 325 of 428
Agenda Item #16.
SCOPE AND ADMINISTRATION
ing Code. Additional inspections may be required 3. Final inspection. To be made after the building is
for public educational facilities (see Section complete; the mechanical system is in place .and
453,27.20 of this code). properly connected, and the structure is ready for
10. Where impact-resistant coverings or impact-resis- occupancy.
tant systems are installed, the building official Gas
shall schedule adequate inspections of impact- 1. Rough piping inspection. To be made after all new
resistant coverings or impact-resistant systems to piping authorized by the permit.has been installed,
determine the following: and before any such piping has been covered or con
The system indicated on the plans was cealed or.any fixtures or gas appliances have been,
installed connected.
The system is installed in accordance with the 2. Final piping inspection. To be made after all piping
manufacturer's installation instructions and the authorized by the permit has been installed and after
product approval. all portions which are to be concealed by plastering
Electrical or otherwise have been so concealed,and'before any
fixtures or gas appliances have been connected.This
1. Underground inspection. To be made after trenches inspection shall include a pressure test.
or ditches are excavated, conduit or cable installed, 3. Final inspection. To be made on all new gas work-
and before any backfill is put in place. authorized by the permit and such portions of exist
2. Rough-in inspection. To be made after the roof, ing systems as may be affected by new work or any
framing, fireblocking and bracing is in place and changes,to ensure compliance with all the require
prior to the installation of wall or ceiling mem- ments of this code and to assure that the installation
branes. and construction of the gas system is in accordance
3. Final inspection. To be made after the building is with reviewed plans.
complete,all required electrical fixtures are in place [A] 110.3.1 Footing and foundation inspection.
and properly connected or protected, and the struc- Reserved.
ture is ready for occupancy. [A] 110.3.2.Concrete slab and under-floor inspection.
. 4. Existing,Swimming Pools. To be made after all Reserved.
repairs or alterations are complete,all required elec- [A] 110.3.3 Lowest floor elevation.Reserved.
trical equipment,GFCI protection,and equipotential
bonding are in place on said alterations or repairs. [A] 110.3.4 Frame inspection.Reserved.
Plumbing [A] 110.3.5 Lath, gypsum board and gypsum panel
product inspection. Lath, gypsum board and gypsum
1. Underground inspection. To be made after trenches panel product inspections.shall be made after lathing,gyp-
or ditches are excavated,piping,installed;and before sum board and gypsum panel products, interior and exte-
any'backfill is put.in place. rior, are in place, but before any plastering is applied or
2. Rough-in inspection. To be made after the roof, gypsum board and gypsum panel product joints and fas-
framing,fireblocking and bracing is in place and all teners are taped and finished.
soil,waste and vent piping is complete,and prior to Exception:Gypsum board and gypsum panel products
this installation of wall or ceiling membranes. that:are not part of a fire-resistance-rated assembly or a
3. Final inspection. To be made after the building is shear assembly:
complete, all plumbing fixtures are in place and 110.3.6 Weather-exposed balcony and walking surface
properly:connected, and the structure is ready for waterproofing.Where balcony or other elevated walking
occupancy. surfaces are exposed to water from direct or blowing rain
Note:See Section 312 of the Florida Building Code, or irrigation, and the structural framing is protected by an
Plumbing for required tests.. impervious moisture barrier, all elements of the impervi-
ous-moisture-barrier system shall not be concealed until
Mechanical inspected and approved.
1 Underground inspection.To be made after trenches [A] 110.3.7 Fire and smoke-resistant penetrations.
or ditches are excavated,underground duct and fuel Protection of joints and penetrations in fire-resistance-
piping installed, and before any backfill is put in rated assemblies, smoke barriers and smoke partitions
place. shall not be concealed from view until inspected and
2. Rough-in inspection. To be made after the roof, approved.
framing, fire blocking and bracing are in place and [A] 110.3.8 Energy efficiency inspections. Inspections
all' ducting, and other concealed components are shall be made to determine compliance with Chapter 13
complete,and prior to the installation of wall or ceil- and'shall include, but not be limited to, inspections for:
ing membranes: envelope insulation R-and U-values,fenestration U-value,
18 FLORIDA BUILDING CODE-BUILDING,8th EDIIIR §o,,J?6 Of 428
Agenda Item #16.
SCOPE AND ADMINISTRATION
duct system R-value,and HVAC and water-heating equip- agency shall require a special.inspector to perform struc-
ment efficiency. tural inspections on a threshold building pursuant to a
[A] 110.3.9 Other inspections. In addition to the inspec- structural inspection plan prepared by the engineer or
tions specified in Sections 110.3 through 110.3.8, the architect of record.The structural inspection plan must be
building official is authorized to make or require other submitted to the enforcing agency prior to the issuance of
inspections of any construction work to ascertain compli- a building permit for the construction of a threshold build-
ance with the provisions of this code and other laws that mg• The purpose of the structural inspection plans is to
are enforced by the department of building safety. provide specific inspection.procedures and schedules so
that the building can be adequately inspected for compli-
[A] 110.3.10 Special inspections.Reserved. ance with the permitted documents. The special inspector
[A] 110.3.11 Final inspection.Reserved. may not serve as a surrogate in carrying out the responsi-
bilities of the building official, the architect,or the engi-
Reserved: veer.of record. The contractors contractual or statutory
obligations are not relieved by any action of the special
110.3.12 Termites. Building components and building inspector:
surroundings required to be protected from termite dam- 110.8.2 The special inspector shall determine that a pro-
age in accordance with Section 1503.7, Section 2304.12.6 fessional engineer who specializes in shoring design has
or Section . 2304.12.2.8, specifically required to be inspected the shoring and reshoring for conformance with
inspected for termites in accordance with Section 2114,or the shoring and reshoring plans submitted to the enforcing
required to have chemical soil treatment in accordance agency.A fee simple title owner of a building,which does
with Section 1816 shall not be covered or concealed until not meet the minimum size,height,,occupancy,occupancy
the release from the building official has been received. classification, or number-of-stories criteria which would
1103.13 Impact-resistant coverings or systems.Where result in classification as a threshold building under s.
impact-resistant coverings or systems are installed to meet 553.71(7),Florida Statutes may designate such building
requirements of this code,the building official shall sched- as a threshold building,subject to more than the minimum
ule adequate;inspections of impact-resistant coverings or number of inspections..required by the Florida Building
systems to determine the following: Code.
1. The system indicated on the plans was installed. - 110.8.3 The fee owner of a threshold building shall select
2. The system is installed in accordance with the man- and pay all costs of employing a special inspector,but the
ufacturer's installation instructions and the product special inspector shall be responsible to the enforcement
approval. agency.The inspector shall be a person certified,,licensed
or registered under Chapter 471, Florida Statutes, as an
[A] 110.4.Inspection agencies.Reserved. engineer or under Chapter 481, Florida Statutes, as an
[A] 110.5 Inspection requests. It shall be the duty of the architect.
holder of the building permit or their duly authorized agent to 110.8.4 Each enforcement agency shall require that, on
notify the building official when work is ready for inspection. every threshold building:
It shall be the duty of the permit holder to provide access to
and means for inspections of such work that are required by 110.8.4.1 The special inspector,upon completion,of the
this code. building and prior to the issuance of a certificate:of
occupancy,file a signed and sealed statement with the
[A] 110.6 Approval required. Work shall not be done enforcement agency in substantially the following
beyond the point indicated in each successive inspection form: "To the.best of my knowledge and belief, the
without first obtaining the approval of the building official. above described construction of all structural load-
The -building ogicial, upon notification, shall make the bearing components complies with the permitted docu-
requested inspections'and shall either indicate the portion of ments, and the shoring and reshoring conforms to the
the construction that is satisfactory as completed, or notify shoring and reshoring plans submitted to the enforce-
the permit holder or his or her agent wherein the same fails to ment agency.
comply.with this code.Any portions that do not comply shall
be corrected and such portion shall not be covered or con- 11.0.8.4.2 Any proposal to install an alternate structural
cealed until authorized by the.building ocial. product or system to which building codes apply be'
110:7 Shoring.For threshold buildings, shoring and associ- submitted to the enforcement agency for review for
compliance with.
ated formwork or falsework shall be designed and inspected ecy codes and made .part of the
s recorded set of permit docu-
by a enforcem ent agency''
. Florida licensed professional engineer prior to any ments:
required mandatory inspections by the threshold building
inspector. .110.8.4.3 All shoring and reshoring procedures, plans
110.8 Threshold building. and details be submitted to the enforcement agency for
recordkeeping. Each shoring and reshoring installation
110.8.1 During new construction or during repair or resto- shall be supervised, inspected and certified to be in
ration projects in which the structural system or structural compliance with the shoring documents by the contrac-
loading of a building is being modified, the enforcing tor.
FLORIDA BUILDING CODE-BUILDING,8th EDITION(2023) Page 327 t9f 428
Agenda Item #16.
SCOPE AND ADMINISTRATION
110.8.4.4 All plans for the building which are required (b) "Substantial structural deterioration" means sub-
to be signed and sealed by the architect or engineer of stantial structural distress that negatively affects a
record contain a statement that,to the best of the archi- building's general structural condition and integrity.
tect's or engineer's knowledge,the plans and specifica- The term does not include surface imperfections such
tions comply with the applicable minimum building as cracks, distortion, sagging, deflections, misalign-
codes and the applicable fire-safety standards as deter- ment,signs of leakage,or peeling of finishes unless the
mined by the local authority in accordance with this licensed engineer or architect performing the phase one
section and Chapter 633,Florida.Statutes, or phase two inspection determines that such surface
110.8.5 No enforcing agency may issue a building permit imperfections are a sign of substantial structural deteri-
for construction of any threshold building except to a oration.
licensed general contractor, as defined in Section 110.9.3 A condominium association under Chapter 718,
489.105(3)(a),Florida Statutes, onto a licensed building Florida Statutes,and a cooperative association under Chap-
contractor, as defined in Section 489.105(3)(b), Florida ter 719,Florida Statutes,must have a milestone inspection
Statutes,within the scope of her or his license.The named performed for each building that is three stories or more in
contractor to whom the building permit is issued shall height by December 31. of the year in which the building
have the responsibility for supervision,direction,manage- reaches 30 years of age,based on the date the certificate of
ment and control of the construction activities on the proj- occupancy for the building was issued, and every 10 years
ect for which the building permit was issued. thereafter. If the building is located within 3 miles of a
110.8.6 The building department may allow a special coastline as defined in s.376:031,Florida Statutes,the con-
inspector to conduct the minimum structural inspection of dominium association or cooperative association must have
threshold buildings required by this code, Section 553.73, a milestone inspection performed by December 31 of the
Florida Statutes; without duplicative inspection by the year in which the building reaches 25 years of age,based on
building department. The building official is responsible the date the certificate of occupancy for the building was
for ensuring that any person conducting inspections is issued, and every 10-years thereafter. The condominium
qualified as a building inspector under Part XII of Chapter association or cooperative association must arrange for the
468, Florida Statutes, or certified as a special inspector milestone'inspection to be performed and is responsible for
under Chapter 471 or 481,Florida Statutes.Inspections of ensuring compliance with the requirements of this section.
threshold buildings required by Section 553.79(5),Florida The condominium association or cooperative association is
Statutes, :are in addition to the minimum inspections responsible for all costs associated with the inspection.This
required by this code:. subsection does not apply a single-family,two-family,or
three-family dwelling with three or fewer habitable stories
110.9 Mandatory structural inspections for condominium above ground.
and cooperative buildings. 110.9.4 If a milestone inspection is required under this
110.9.1 General. The Legislature finds that maintaining section and the building's certificate of:occupancy was
.the structural integrity of a building throughout its service issued on or before_July 1, 1992, the building's initial
life is of paramount importance in order to ensure that milestone inspection must be performed before December
buildings are structurally sound so as to not pose a threat 31,2024.If:the date of issuance for the certificate of occu-
to the public health,safety,or welfare.As such,the Legis- pancy is not available, the date of issuance.of the build
lature finds that the imposition of a statewide structural ing's certificate of occupancy shall be the date of
inspection program for aging condominium and.coopers- occupancy evidenced in any record of the local building
tive buildings in this state is necessary to ensure that such official,
buildings are safe for continued use. 110.9.5 Upon determining that a building must have a
110.0.2 As used in this section,the terms: milestone inspection, the local.enforcement agency must
(a) provide written notice of such required inspection to the
: Milestone-inspection„ means a structural inspec-
tion of a building,including an inspection of load-bear- condominium association or cooperative association by.
ing walls and the primary structural members and certified mail,return receipt requested.
primary structural systems as those terms are defined in 110.9.6 Within 180 days after receiving the written notice
s. 627.706,Florida Statutes, by a licensed architect or under Section 110.9.5; the condominium association or
engineer authorized to practice in this state for the pur- cooperative association must complete phase one of the
poses of attesting to the life safety and adequacy of the milestone inspection.For purposes.of this section,comple-
structural components of the building and,to the extent tion of phase one of the milestone inspection means the
reasonably possible, determining the general structural licensed engineer or architect who performed the phase
condition of the building as it affects the safety of such one inspection submitted the inspection report by e-mail,
building, including.a determination of any necessary United States Postal Service, or commercial delivery ser-
maintenance, repair, or replacement of any structural vice to the local enforcement agency.
component of the building.The purpose of such inspec-
tion is not to determine if the.condition of an existing
building is in compliance with the Florida Building 110.9.7.1 For phase one of the milestone inspection, a
Code or the fire safety code. licensed architect or engineer authorized to practice in
20 FLORIDA BUILDING CODE-BUILDING,8th EDI I1 a@a2V 8 Of 428
Agenda Item #16.
SCOPE AND ADMINISTRATION
this state shall perform a visual examination of habit- regardless of the findings or recommendations in the
able and nonhabitable areas of a building,including the report, by United States mail or personal delivery and by
major structural components of a building,and provide electronic. transmission to unit owners who previously
a qualitative assessment of the structural conditions of consented to received notice by electronic transmission;
the building. If the architect or_engineer finds no signs must post a copy of the inspector-prepared summary in a
of substantial structural deterioration to any building conspicuous place on the condominium or cooperative
components under visual examination,phase two of the property; and must publish the full report and inspector-
inspection, as provided in Section 110.9.7.2, is not prepared summary on the association's website, if the
required. An architect or engineer who completes a association is required to have a website.
phase one milestone inspection shall prepare and sub- 110.9.10 A local enforcement agency may prescribe time-
mit an inspection report pursuant to Section 110.9.8. lines and penalties with respect to compliance with this
110.9.7.2 A phase two of the milestone inspection must section.
be performed if any substantial structural deterioration 110.9.11 A board of county commissioners may adopt an
is identified during phase one.A phase two inspection ordinance requiring that a condominium or cooperative
may involve destructive or nondestructive testing at the association schedule or commence repairs for substantial
inspector's direction. The inspection may be as exten- structural deterioration within a specified timeframe after
sive or as limited as necessary to fully assess areas of the local enforcement agency receives a phase two inspec-
structural distress in order to confirm that the building tion report; however, such repairs must be commenced
is structurally sound and safe for its intended use and to within 365 days after,receiving such report.If an associa-
recommend a program for fully assessing and repairing tion fails to submit proof to the local enforcement agency
distressed and damaged portions of the building:When that repairs have been scheduled or have commenced for
determining testing locations, the inspector must give substantial structural deterioration identified in a phase
preference to locations that are the least disruptive and two inspection report within the required timeframe, the
most easily.repairable while still being representative local enforcement agency must review and determine if
of the structure. An inspector who completes a phase the building is unsafe for human occupancy.
two milestone inspection shall:prepare and submit an
inspection report pursuant to Section 110:9.8.
110.9.8 Upon completion of a phase one or phase two SECTION III
milestone inspection,.the architect or engineer who per- CERTIFICATE OF OCCUPANCY
formed the inspection must submit a sealed copy of the [A] 111.1 Use and occupancy: A building or structure shall
inspection report with a separate'summary of, at mini-
not be used or occupied,and a change in the existing use or
.mum, thel material findings and recommendations in the occupancy classification of a building or structure or portion
inspection report to,the condominium association or coop thereof shall not be made, until the building official has
erative association,and to the-building official of the local. issued a certificate of occupancy therefor.as provided herein.
government which has jurisdiction. The inspection report Issuance of a certificate.of occupancy shall not be construed
must,at a minimum,meet all of the following criteria: as an approval of a violation of the provisions of this code or
(a)Bear the seal and signature,or the electronic signa- of other ordinances of the jurisdiction.
ture, of the licensed engineer or architect who per- Exception: Certificates of occupancy are not required for
formed the inspection. work exempt from permits in accordance with Section
(b)Indicate the mannerl and type of inspection forming 105.2:
the basis for the inspection report. [A] 111.2 Certificate issued. After the building official
(c) Identify any substantial structural deterioration, inspects the building or structure and does not find viola-
within a reasonable professional probability based on tions of the provisions of this code or other laws that are
the scope of the inspection; describe the extent of such enforced by the department of building safety,the building
deterioration, and identify any recommended repairs official shall issue a certificate of occupancy that contains
for such deterioration. the following:
(d) State whether unsafe or dangerous conditions, as 1, The building permit number..
those,terms are defined in the Florida Building Code, 2. The address of the structure.
were observed. 3. The name and address of the owner or the owner's
(e) Recommend any remedial or preventive repair for authorized agent.
any items that are damaged but are not substantial 4. A description of that portion of the structure for which
structural deterioration. the certificate is issued.
(f) Identify and describe any items requiring further 5. A statement.that the described portion of the structure
inspection. has been inspected for compliance with the require-
110.9.9 The association must distribute a copy of the ments of this code for the occupancy and division of
inspector-prepared summary of the inspection report to occupancy and the use for which the proposed occu-
each condominium unit owner or cooperative unit owner, pancy is classified.
FLORIDA BUILDING CODE-•BUILDING,8th EDITION(2023) Page 329 W 428
Agenda Item #16.
SCOPE AND ADMINISTRATION
6. For buildings and structures in flood hazard areas, a the owner and occupant of the building, structure or service
statement that documentation of the as-built lowest system of the decision to disconnect prior.to taking such
floor elevation has been provided and is retained in action. If not notified prior.to disconnecting, the owner or
the records of the authority having jurisdiction occupant of the building, structure or service system shall be
7. The name of the building official. notified in writing;as soon as practical thereafter.
8. The edition of the code:under.which the permit was
issued. SECTION 113
9. The use and occupancy,in accordance with the provi- BOARD OF APPEALS
sions of Chapter 3. RESERVED
10. The type of construction as.defined in Chapter 6:
11. The design occupant load. SECTION 114
12: If an automatic sprinkler system is provided,.whether VIOLATIONS
the sprinkler system is required. RESERVED
13. Any special stipulations and conditions of the build-
ing permit. SECTION 116
[A] 111.3 Temporary occupancy. The building official is STOP WORK ORDER
authorized to issue a temporary certificate of occupancy [A] 115.1 Authority. Where.the building official finds any
before the completion of the entire work covered by the per- work regulated.by this code being performed in a manner
mit,provided that such portion or portions shall be occupied either contrary to the provisions of this code or dangerous or
safely. The building official shall set-a time period during unsafe,the building official is authorized to issue a stop work
which the temporary certificate of occupancy is valid. order.
[A] 111.4 Revocation. The building official is authorized to, . [A] 115.2 Issuance. The stop work order shall be in writing
in writing, suspend or revoke a certificate of occupancy or and shall be.given$o he owner of the property.involved,the
completion issued under the provisions of this code wherever owner's authorized agent or the person performing the work. .
the certificate is issued in error,or on the basis of incorrect Upon issuance.of a stop work order, the cited work shall
information supplied,or where it is determined that the build- immediately.cease.The stop work order shall state the reason
ing or structure or portion thereof is in violation of any ordi- for the order and the conditions under which the cited work
nance or regulation or any of the provisions of this,code. will be permitted to resume.
111.5.Certificate of completion.A certificate of completion [A].115.3 Unlawful continuance.Any person who shall con-
is proof that a structure or system is complete,and for certain tinue any work after having been'served with a stop;work
types of permits is released for.use and may be connected to a order,except such work as that person is directed to perform
utility system. This certificate does not grant authority to to remove a violation or unsafe condition, shall be subject to
occupy a building, such as shell building, prior to the issu- penalties as prescribed by law.
ance of a certificate of occupancy.
SECTION 116
SECTION 112 UNSAFE STRUCTURES AND EQUIPMENT
SERVICE UTILITIES RESERVED
[A] 112.1 Connection of service utilities.A person shall not
make connections from a utility, source of energy, fuel or SECTION 117
power to any building or system that is regulated by this code VARIANCES.IN FLOOD HAZARD AREAS
for which a permit is required,until released by the building
official. 117.1 .Flood hazard areas. Pursuant to Section 553.73(5),
[A] 112.2 Temporary connection.The building official shall Florida Statutes,the variance procedures adopted in the local
have the authority to authorize the temporary connection of flood plain management ordinance shall apply to requests
the building or system to the utility, source of energy,fuel or submitted to the building official for variances to the provi-
sions of Section 1612.4 of the Florida Building Code, Build-
power. ing or, as applicable, the provisions of Section R322 of the
[A] 112.3 Authority to disconnect service utilities. The Florida Building Code, Residential:.This section shall not
building official shall have the authority to authorize discon- apply to Section 3109 of:the Florida Building Code, Build-
nection of utility service to the building,structure or system ing.
regulated by this code and the referenced codes and standards
set forth in Section 101.4 in case of emergency where neces-
sary to eliminate an immediate hazard to life or property or
where such utility connection has been made without the
approval required by Section 112.1 or 112.2. The building
official shall notify the serving utility, and wherever possihle
22 FLORIDA BUILDING CODE—BUILDING,8th EDIQCag1tfl�0 Of 428
Agenda Item #16.
PART 1—SCOPE AND APPLICATION
SECTION 101
GENERAL
101.1 Title. These regulations shall be known as the Florida Building Code,hereinafter referred to as"this
code."
101.2 Scope.The provisions of this code shall apply to the construction,alteration,relocation,enlargement,
replacement,repair,equipment,use and occupancy,location,maintenance,removal and demolition of every
building or structure or any appurtenances connected or attached to such buildings or structures.
Exception:
1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not
more than three stories above grade plane in height with a separate means of egress and their
accessory structures not more than three stories above grade plane in height, shall comply with the
Florida Building Code,Residential.
2. Code Requirements that address snow loads and earthquake protection are pervasive; they are left
in place but shall not be utilized or enforced because Florida has no snow load or earthquake threat.
101.2.1 Appendices.Provisions in the appendices to the Florida Building Code shall not apply unless
specifically adopted.
101.2.2 Florida Building Code, Residential Construction standards or practices which are not covered
by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida
Building Code,Building.
101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public
health,safety and general welfare through structural strength,means of egress facilities,stability,sanitation,
adequate light and ventilation, energy conservation, and safety to life and property from fire and other
hazards attributed to the built environment and to provide safety to fire fighters and emergency responders
during emergency operations.
101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of
this code except as it relates to the purposes stated herein.
101.3.2 Warranty and Liability. The permitting,plan review or inspection of any building, system ox
plan by the Village of Tequesta,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. The Villagc
of Tequesta shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in
such building,system or plan,nor for any failure of any component of such,which may occur subsequent
to such inspection or permitting. Further, no employee shall be liable in tort for damage from such
conditions,in accordance with Section 768.28 Florida Statutes, as may be amended or replaced.
101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.11 and referenced
elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of
each such reference.
101.4.1 Gas.The provisions of the Florida Building Code,Fuel Gas shall apply to the installation of gas
piping from the point of delivery, gas appliances and related accessories as covered in this code. These
requirements apply to gas piping systems extending from the point of delivery to the inlet connections
1
Page 331 of 428
Agenda Item #16.
of appliances and the installation and operation of residential and commercial gas appliances and related
accessories.
101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the
installation, alterations, repairs and replacement of mechanical systems, including equipment,
appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-
conditioning and refrigeration systems, incinerators and other energy-related systems.
101.4.3 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the
installation, alteration, repair and replacement of plumbing systems, including equipment, appliances,
fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects
of a medical gas system.
101.4.4 Property maintenance. The provisions of the Village of Tequesta Code of Ordinances Article
V,Sec. 14-121, and Appendix B shall apply to all matters governing property maintenance.
101.4.5 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention
Code. The Florida Fire Prevention Code shall apply to matters affecting or relating to structures,
processes and premises from the hazard of fire and explosion arising from the storage, handling or use
of structures, materials or devices; from conditions hazardous to life,property or public welfare in the
occupancy of structures or premises; and from the construction, extension,repair, alteration or removal
of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on
the premises from occupancy or operation.
101.4.6 Energy.The provisions of the Florida Building Code,Energy Conservation shall apply to all
matters governing the design and construction of buildings for energy efficiency.
101.4.7 Existing buildings.The provisions of the Florida Existing Building Code shall apply to matters
governing the repair, alteration, change of occupancy,addition to and relocation of existing buildings.
101.4.8 Accessibility.For provisions related to accessibility,refer to the Florida Building Code,
Accessibility.
101.4.9 Manufactured buildings.For additional administrative and special code requirements, see
Section 458, Florida Building Code. Building, and Rule 61-41 Florida Administrative Code.
101.4.10 Electrical. The provisions of Chapter 27 of the Florida Building Code, Building Volume shall
apply to the installation of electrical systems, including alterations, repairs, replacement, equipment,
appliances, fixtures, fittings and appurtenances thereto.
101.4.11 Flood Damage Prevention. The provisions of the Village of Tequesta Code of Ordinances
Chapter 78. Article X11 shall be considered part of this code relative to flood control.
101.5 Building Official.Whenever, the Building Official is mentioned in this code, it is also intended
to mean the Building Official's designee,wherever applicable.
SECTION 102
APPLICABILITY
102.1 General. Where there is a conflict between a general requirement and a specific requirement, the
specific requirement shall be applicable.Where,in any specific case, different sections of this code specify
different materials, methods of construction or other requirements, the most restrictive shall govern.
2
Page 332 of 428
Agenda Item #16.
102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought
with respect to, zoning requirements, land use requirements and owner specifications or programmatic
requirements which do not pertain to and govern the design, construction, erection, alteration,
modification, repair or demolition of public or private buildings, structures or facilities or to
programmatic requirements that do not pertain to enforcement of the Florida Building Code.
Additionally,a local code enforcement agency may not administer or enforce the Florida Building Code,
Building to prevent the siting of any publicly owned facility, including, but not limited to, correctional
facilities, juvenile justice facilities, or state universities, community colleges, or public education
facilities, as provided by law.
102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection,
alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and
demolition of every public and private building, structure or facility or floating residential structure, or
any appurtenances connected or attached to such buildings, structures or facilities. Additions,
alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply
with the provisions provided in the Florida Building Code, Existing Building. The following buildings,
structures and facilities, except for those located in a Special Flood Hazard Area are exempt from the
Florida Building Code as provided by law, and any further exemptions shall be as determined by the
legislature and provided by law:
(a) Building and structures specifically regulated and preempted by the federal government.
(b) Railroads and ancillary facilities associated with the railroad.
(c)Nonresidential farm buildings on farms.
(d) Temporary buildings or sheds used exclusively for construction purposes.
(e)Mobile or modular structures used as temporary offices, except that the provisions of Part 11
(Section 553.501-553.513,Florida Statutes)relating to accessibility by persons with disabilities shall
apply to such mobile or modular structures. Permits shall be required for structural support and tie
down, electric supply and all other such utility connections to such mobile or modular structures as
required by this jurisdiction.
(f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes,
which are directly involved in the generation,transmission, or distribution of electricity.
(g) Temporary sets, assemblies, or structures used in commercial motion picture or television
production, or any sound-recording equipment used in such production, on or off the premises.
(h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of
Florida. As used in this paragraph, the term "chickee" means an open-sided wooden but that has a
thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any
electrical,plumbing, or other non-wood features.
(i) Family mausoleums not exceeding 250 square feet (23 m2) in area which are prefabricated and
assembled on site or preassembled and delivered on site and have walls,roofs,and a floor constructed
of granite,marble, or reinforced concrete.
3
Page 333 of 428
Agenda Item #16.
0) Temporary housing provided by the Department of Corrections to any prisoner in the state
correctional system.
(k)A building or structure having less than 1,000 square feet(93 m�)which is constructed and owned
by a natural person for hunting and which is repaired or reconstructed to the same dimension and
condition as existed on January 1, 2011, if the building or structure:
1. Is not rented or leased or used as a principal residence;
2. Is not located within the I00-year floodplain according to the Federal Emergency Management
Agency's current Flood Insurance Rate Map; and
3. Is not connected to an off-site electric power or water supply.
(1) Service providers of water,sewer,storm,gas,cable, telephone,or other similar utility systems are
exempt to the point of service connection for the building or structure.
102.2.1 In addition to the requirements of Section 553.79 and 553.80,Florida Statutes,facilities subject
to the provisions of Chapter 395, Florida Statutes, and Part 11 of Chapter 400, Florida Statutes, shall
have facility plans reviewed and construction surveyed by the state agency authorized to do so under
the requirements of Chapter 395, Florida Statutes, and Part 11 of Chapter 400,Florida Statutes, and the
certification requirements of the federal government.
102.2.2 Residential buildings or structures moved into or within the Village of Tequesta shall not be
required to be brought into compliance with the state minimum building code in force at the time the
building or structure is moved,provided:
1. The building or structure is structurally sound and in occupiable condition for its intended use;
2. The occupancy use classification for the building or structure is not changed as a result of the move;
3. The building is not substantially remodeled;
4. Current fire code requirements for ingress and egress are met;
5. Electrical, gas and plumbing systems meet the codes in force at the time of construction and are
operational and safe for reconnection; and
6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state,
if required by the Florida Building Code, Building for all residential buildings or structures of the
same occupancy class.
7. The requirements of Florida Building Code, Existing Building Volume, are also satisfied.
102.2.3 The Building Official shall apply the same standard to a moved residential building or structure
as that applied to the remodeling of any comparable residential building or structure to determine
whether the moved structure is substantially remodeled. The cost of the foundation on which the moved
building or structure is placed shall not be included in the cost of remodeling for purposes of determining
whether a moved building or structure has been substantially remodeled.
4
Page 334 of 428
Agenda Item #16.
102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture
and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect
state-owned buildings and boilers.
102.2.5 Each enforcement district or local enforcement agency shall be governed by a board,the
composition of which shall be determined by the affected localities.
1.The Village of Tequesta may adopt rules granting to the owner of a single-family residence one or
more exemptions from the Florida Building Code relating to:
a. Addition,alteration, or repairs performed by the property owner upon his or her own property,
provided any addition or alteration or repair shall not exceed 1,000 square feet(93 m') or the
square footage of the primary structure,whichever is less.
b. Addition, alteration, or repairs by a non-owner within a specific cost limitation set by rule,
provided the total cost shall not exceed$5,000 within any 12-month period.
c. Building plans review and inspection fees.
2.However, the exemptions under subparagraph 1 do not apply to single-family residences that are
located in mapped flood hazard areas, as defined in the code, unless the enforcement district or
local enforcement agency 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.
3.Each code exemption, as defined in sub-subparagraphs 1 a, lb, and 1 c shall be certified to the local
board 10 days prior to implementation and shall only be effective in the territorial jurisdiction of
the enforcement district or local enforcement agency implementing it.
4.However, each enforcement district or local enforcement agency may establish an alternative
pennitting program for replacing nonstructural components of building systems in a residential
dwelling unit. A licensed contractor performing such work for the resident shall also be exempt
from individual permits and inspections if either the owner or the licensed contractor obtains a valid
Annual Permit per Section 105.1.1 of this code and all such work is reported as required in Section
105.1.2 of this code for compliance evaluation. No added capacity, system expansion or new
building work of any type shall be excluded from individual permit and inspection by this
provision.
102.2.6 This section does not apply to swings and other playground equipment accessory to a one- or
two-family dwelling.
Exception: Electrical service to such playground equipment shall be in accordance with Chapter 27 of
this code.
102.3 Application of references.References to chapter or section numbers,or to provisions not specifically
identified by number, shall be construed to refer to such chapter, section or provision of this code.
102.4 Referenced codes and standards. The codes and standards referenced in this code shall be
considered part of the requirements of this code to the prescribed extent of each such reference and as
further regulated in Sections 102.4.1 and 102.4.2.
5
Page 335 of 428
Agenda Item #16.
102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and
standards,the provisions of this code shall apply.
102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a
referenced code or standard includes subject matter that is within the scope of this code or the Florida
Codes listed in Sectlonl01.4,the provisions of this code or the Florida Codes listed in Section 101.4,as
applicable, shall take precedence over the provisions in the referenced code or standard.
102.5 Partial invalidity.In the event that any part or provision of this code is held to be illegal or void,this
shall not have the effect of making void or illegal any of the other parts or provisions.
102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this
code shall be permitted to continue without change,except as is specifically covered in this code,the Florida
Building Code, Existing Building, the Florida Fire Prevention Code, and the provisions of the Village of
Tequesta Code of Ordinances Article V,Sec. 14-121, and Appendix B.
102.6.1 Buildings not previously occupied.A building or portion of a building that has not been
previously occupied or used for its intended purpose in accordance with the laws in existence at the time
of its completion shall comply with the provisions of the Florida Building Code or Florida Residential
Code, as applicable, for new construction or with any current permit for such occupancy.
102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of
adoption of this code shall be permitted to continue without change, except as otherwise specifically
provided in this code, the Florida Fire Prevention Code, the Village of Tequesta Code of Ordinances
Article V, Sec. 14-121, and Appendix B, or as is deemed necessary by the Building Official for the
general safety and welfare of the occupants and the public.
102.7 Relocation of manufactured buildings.
1. Relocation of an existing manufactured building does not constitute an alteration.
2. A relocated building shall comply with wind speed requirements of the new location, using the
appropriate wind speed map. If the existing building was manufactured in compliance with the
Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building
Code shall be applicable. If the existing building was manufactured in compliance with the Florida
Building Code (after March 1, 2002), the wind speed map of the Florida Building Code shall be
applicable.
3. A relocated building shall comply with the flood hazard area requirements of the new location,if
applicable.
102.8 Existing mechanical equipment. The Village of Tequesta may not require that existing mechanical
equipment located on or above the surface of a roof be installed in compliance with the requirements of the
Florida Building Code except during reroofing when the equipment is being replaced or moved during
reroofing and is not in compliance with the provisions of the Florida Building Code relating to roof-
mounted mechanical units.
PART 2—ADMINISTRATION AND ENFORCEMENT
SECTION 103
6
Page 336 of 428
Agenda Item #16.
DEPARTMENT OF BUILDING SAFETY
103.1 Creation of enforcement agency. The Department of Building Safety is hereby created and the
official in charge thereof shall be known as the Building Official.
103.2 Appointment. The Building Official shall be appointed by the chief appointing authority of the
jurisdiction.
103.3 Deputies.In accordance with the prescribed procedures of this jurisdiction and with the concurrence
of the appointing authority, the Building Official shall have the authority to appoint a deputy Building
Official, the related technical officers, inspectors, plan examiners and other employees. Such employees
shall have powers as delegated by the Building Official.
For the maintenance of existing properties,see the provisions of the Village of Tequesta Code of Ordinances
Article V,Sec. 14-121, and Appendix B shall apply to all matters governing property maintenance.
103.4 Restrictions on employees.(Reserved).
SECTION 104
DUTIES AND POWERS OF THE BUILDING OFFICIAL
104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this
code. The Building Official shall have the authority to render interpretations of this code and to adopt
policies and procedures in order to clarify the application of its provisions. Such interpretations, policies
and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures
shall not have the effect of waiving requirements specifically provided for in this code.
104.2 Applications and permits. The Building Official shall receive applications, review construction
documents and issue permits for the erection,and alteration,demolition and moving of buildings,structures,
and service systems,inspect the premises for which such permits have been issued and enforce compliance
with the provisions of this code.
104.2.1 Determination of substantially improved or substantially damaged existing buildings and
structures in flood hazard areas. For applications for reconstruction,rehabilitation,repair, alteration,
addition or other improvement of existing buildings or structures located in flood hazard areas, the
Building Official shall determine if the proposed work constitutes substantial improvement or repair of
substantial damage. Where the Building Official determines that the proposed work constitutes
substantial improvement or repair of substantial damage, and where required by this code,the Building
Official shall require the building to meet the requirements of Florida Building Code Section 1612.
104.3 Notices and orders. The Building Official shall issue all necessary notices or orders to ensure
compliance with this code.
104.4 Inspections.The Building Official shall make all of the required inspections,or the Building Official
shall have the authority to accept reports of inspection by approved agencies or individuals.Reports of such
inspections shall be in writing and be certified by a responsible officer of such approved agency or by the
responsible individual. The Building Official is authorized to engage such expert opinion as deemed
necessary to report upon unusual technical issues that arise, subject to the approval of the appointing
authority.
104.5 Identification. The Building Official shall carry proper identification when inspecting structures or
premises in the performance of duties under this code.
7
Page 337 of 428
Agenda Item #16.
104.6 Right of entry.Where it is necessary to make an inspection to enforce the provisions of this code,or
where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises
a condition which is contrary to or in violation of this code which makes the structure or premises unsafe,
dangerous or hazardous,the Building Official is authorized to enter the structure or premises at reasonable
times to inspect or to perform the duties imposed by this code,provided that if such structure or premises
be occupied that credentials be presented to the occupant and entry requested.If such structure or premises
is unoccupied,the Building Official shall first make a reasonable effort to locate the owner or other person
having charge or control of the structure or premises and request entry. If entry is refused, the Building
Official shall have recourse to the remedies provided by law to secure entry.
104.7 Department records. The Building Official shall keep official records of applications received,
permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such
records shall be retained in the official records for the period required for retention of public records per
Chapter 119,Florida Statutes ("Public Records Law").
104.8 Liability.The Building Official,member of the board of appeals or employee charged with the
enforcement of this code,while acting for the jurisdiction in good faith and without malice in the discharge
of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or
criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing
to persons or property as a result of any act or by reason of an act or omission in the discharge of official
duties. Any suit instituted against an officer, employee, or board member because of an act performed by
that officer, employee, or board member in the lawful discharge of duties and under the provisions of this
code shall be defended by legal representative of the jurisdiction until the final termination of the
proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or
proceeding that is instituted in pursuance of the provisions of this code.
104.8.1 Legal defense.Any suit or criminal complaint instituted against an officer, employee, or board
member because of an act performed by that officer,employee,or board member in the lawful discharge
of duties and under the provisions of this code shall be defended by legal representatives of or provided
by the Village of Tequesta until the final termination of the proceedings. The Building Official or any
subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of
the provisions of this code.
104.9 Approved materials and equipment.Materials, equipment and devices approved by the Building
Official shall be constructed and installed in accordance with such approval.
104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this
code for new materials is permitted. Used equipment and devices shall not be reused unless approved
by the Building Official.
104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of
this code, the Building Official shall have the authority to grant modifications for individual cases, upon
application of the owner or owner's representative,provided the Building Official shall first find that special
individual reason makes the strict letter of this code impractical and the modification is in compliance with
the intent and purpose of this code and that such modification does not lessen health, accessibility, life and
fire safety, or structural requirements. The details of action granting modifications shall be recorded and
entered in the files of the department of building safety.
104.10.1 Flood hazard areas. The Building Official shall coordinate with the floodplain administrator
to review requests submitted to the Building Official that seek approval to modify the strict application
8
Page 338 of 428
Agenda Item #16.
of the flood resistant construction requirements of the Florida Building Code to determine whether such
requests require the granting of a variance pursuant to Section 117 herein-below.
104.11 Alternative materials, design and methods of construction and equipment. The provisions of
this code are not intended to prevent the installation of any material or to prohibit any design or method of
construction not specifically prescribed by this code,provided that any such alternative has been approved.
An alternative material, design or method of construction shall be approved where the Building Official
finds that the proposed design is satisfactory and complies with the intent of the provisions of this code,
and that the material, method or work offered is, for the purpose intended, not less than the equivalent of
that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where
the alternative material, design or method of construction is not approved, the Building Official shall
respond in writing, stating the reasons why the alternative was not approved.
104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or
assemblies not specifically provided for in this code, shall consist of valid research reports from
approved sources.
104.11.2 Tests.Whenever there is insufficient evidence of compliance with the provisions of this code,
or evidence that a material or method does not conform to the requirements of this code, or in order to
substantiate claims for alternative materials or methods,the Building Official shall have the authority to
require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall
be as specified in this code or by other recognized test standards. In the absence of recognized and
accepted test methods, the Building Official shall approve the testing procedures. Tests shall be
performed by an approved agency. Reports of such tests shall be retained by the Building Official for
the period required for retention of public records.
104.12 Requirements not covered by code. Any requirements necessary for 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 other technical codes,
shall be determined by the Building Official.
SECTION 105
PERMITS
105.1 Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair,
move,demolish,or change the occupancy of a building or structure,or to erect,install,enlarge,alter,repair,
remove, convert or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing, fire
protection system,or accessible or flood resistant site element,the installation of which is regulated by this
code, or to cause any such work to be done, shall first make application to the Building Official and obtain
the required permit.
105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing
electrical, gas, mechanical or plumbing or interior nonstructural office system(s), the Building Official
is authorized to issue an annual pen-nit for any occupancy to facilitate routine or emergency service,
repair, refurbishing, minor renovations of service systems or manufacturing equipment
installations/relocations. The Building Official shall be notified of major changes and shall retain the
right to make inspections at the facility site as deemed necessary. An annual facility permit shall be
assessed with an annual fee and shall be valid for one year from date of issuance.A separate permit shall
be obtained for each facility and for each construction trade, as applicable. The permit application shall
contain a general description of the parameters of work intended to be performed during the year.
105.1.2 Annual Facility permit records. The person to whom an annual permit is issued shall keep a
9
Page 339 of 428
Agenda Item #16.
detailed record of alterations made under such annual permit.The Building Official shall have access to
such records at all times or such records shall be filed with the Building Official as designated. The
Building Official is authorized to revoke such permit if code violations are found to exist.
105.1.3 Food permit. In accordance with 500.12,Florida Statutes, a food permit from the Department
of Agriculture and Consumer Services is required of any person who operates a food establishment or
retail store.
105.1.4 Public swimming pool. The Village of Tequesta may not issue a building permit to construct,
develop, or modify a public swimming pool without proof of application, whether complete or
incomplete, for an operating permit pursuant to Section 514.031, Florida Statutes. A certificate of
completion or occupancy may not be issued until such operating permit is issued. The Village of
Tequesta shall conduct their review of the building permit application upon filing and in accordance
with Chapter 553, Florida Statutes. The Village of Tequesta may confer with the Department of
Health, if necessary, but may not delay the building permit application review while awaiting
comment from the Department of Health.
105.2 Work exempt from permit. 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
any other laws or ordinances of the Village of Tequesta,to include work in any special flood hazard area.
Exemptions granted under this section do not relieve the owner or contractor from their duty to comply
with applicable provisions of the Florida Building Code, and requirements of the local floodplain
management ordinance. As determined by the Building Official, permits shall not be required for the
following:
Building:
1.Building permits are not required for replacement or repair work having a value of less than$1,000.00,
providing, however, that such work will not adversely affect the structural integrity, fire rating, exit
access or egress requirements.
2. Cabinets and countertops with no reconfiguration for 1&2 Family Dwellings,painting,papering,
carpeting, and similar finish work,with no electrical or plumbing work.
3. Temporary motion picture, television and theater sets and scenery.
4.Traditional swings and other standard playground equipment accessory to detached one and two-family
dwellings, as determined by the Building Official,but they may be subject to Zoning permits.
5. Retractable awnings supported by an exterior wall and do not require additional support of Groups R-
3 and U occupancies,but they may be subject to Zoning permits.
6. Non-fixed and movable fixtures, cases,racks, and counters not over 5 feet 9 inches (1753 mm)in
height.
Electrical:
Repairs and maintenance: Minor repair work,including the replacement of lamps or the connection
of approved portable electrical equipment to approved permanently installed receptacles.
Radio and television transmitting stations: The provisions of this code shall not apply to electrical
equipment used for radio and television transmissions, but do apply to equipment and wiring for a
10
Page 340 of 428
Agenda Item #16.
power supply and the installations of towers and antennas.
Temporary testing systems:A permit shall not be required for the installation of any temporary system
required for the testing or servicing of electrical equipment or apparatus.
Gas:
1.Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment
unsafe.
Mechanical:
1.Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6.Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds(5 kg) or less of refrigerant and actuated by
motors of 1 horsepower(746 W) or less.
8. The installation,replacement,removal or metering of any electrical load management control device
where installed by a utility service provider.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any
concealed trap,drain pipe,water,soil,waste or vent pipe becomes defective and it becomes necessary
to remove and replace the same with new material, such work shall be considered as new work and
a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and
reinstallation of water closets, provided such repairs do not involve or require the replacement or
rearrangement of valves,pipes or fixtures.
3. The replacement of common household plumbing fixtures to existing supply lines and sanitary
connections in 1&2 Family Dwellings. This does not include water heaters,bathtubs and showers.
105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an
emergency situation,the permit application shall be submitted within the next working business day to
the Building Official. Notification shall be given to the Building Official, including the work address,
nature of emergency,and scope of work immediately, or by the next business day.
105.2.2.Minor repairs. Ordinary minor repairs may be made with the approval of the Building Official
11
Page 341 of 428
Agenda Item #16.
without a permit,provided the repairs shall not include the cutting away of any wall,partition or portion
thereof,the removal or cutting of any structural beam or load-bearing support, or the removal or change
of any required means of egress, or rearrangement of parts of a structure affecting the egress
requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of
any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping,
electric wiring systems or mechanical equipment or other work affecting public health or general safety,
and such repairs shall not violate any of the provisions of the technical codes.
105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair
of generation, transmission, distribution or metering or other related equipment that is under the
ownership and control of public service agencies by established right.
105.3 Application for permit. To obtain a permit,the applicant shall first file an application therefore in
writing on a form furnished by the Department of Building Safety for that purpose.
Permit application forms shall be in the format prescribed by a local administrative board, if applicable,
and must comply with the requirements of Section 713.135(5) and(6),Florida Statutes.
Each application shall be inscribed with the date of application, and the code in effect as of that date. For a
building permit for which an application is submitted prior to the effective date of the Florida Building
Code,the state minimum building code in effect in the permitting jurisdiction on the date of the application
governs the permitted work for the life of the permit and any extension granted to the permit.
Effective October 1, 2017, a local enforcement agency shall post each type of building permit application
on its website. Completed applications must be able to be submitted electronically to the appropriate
Department of Building Safety.Accepted methods of electronic submission include,but are not limited to,
e-mail submission of applications in portable document format or submission of applications through an
electronic fill-in form available on the Department of Building Safety's website or through a third-party
submission management software. Payments, attachments, or drawings required as part of the permit
application may be submitted in person in a non-electronic format,at the discretion of the Building Official.
105.3.1 Action on application. The Building Official shall examine or cause to be examined
applications for permits and amendments thereto within a reasonable time after filing. If the application
or the construction documents do not conforin to the requirements of pertinent laws, the Building
Official shall reject such application in writing, stating the reasons therefore. If the Building Official is
satisfied that the proposed work conforms to the requirements of this code and laws and ordinances
applicable thereto, the Building Official shall issue a permit therefore as soon as practicable. When
authorized through contractual agreement with a school board, in acting on applications for permits,the
Building Official shall give first priority to any applications for the construction of, or addition or
renovation to, any school or educational facility.
105.3.1.1 If a state university,Florida college or public school district elects to use a local government's
code enforcement offices, fees charged by counties and municipalities for enforcement of the Florida
Building Code on buildings, structures, and facilities of state universities, state colleges, and public
school districts shall not be more than the actual labor and administrative costs incurred for plans review
and inspections to ensure compliance with the code.
105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification,
repair, or addition unless the applicant for such permit provides to the enforcing agency which issues
the permit any of the following documents which apply to the construction for which the permit is to be
issued and which shall be prepared by or under the direction of an engineer registered under Chapter
12
Page 342 of 428
Agenda Item #16.
471,Florida Statutes:
1.Plumbing documents for any new building or addition which requires a plumbing system with
more than 250 fixture units or which costs more than$125,000.
2.Fire sprinkler documents for any new building or addition,which includes a fire sprinkler system,
which contains 50 or more sprinkler heads.Personnel as authorized by chapter 633 Florida Statutes,
may design a new fire protection system of 49 or fewer sprinklers; and may design the alteration
of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion
of 49 or fewer sprinklers, notwithstanding the size of the existing fire sprinkler system.
3.Heating, ventilation, and air-conditioning documents for any new building or addition, which
requires more than a 15-ton-per-system capacity which is designed to accommodate 100 or more
persons or for which the system costs more than $125,000. This paragraph does not include any
document for the replacement or repair of an existing system in which the work does not require
altering a structural part of the building or for work on a residential one, two, three or four-family
structure.
An air-conditioning system may be designed by an installing air-conditioning contractor certified
under Chapter 489, Florida Statutes, to serve any building or addition which is designed to
accommodate fewer than 100 persons and requires an air-conditioning system with a value of
$125,000 or less;and when a 15-ton-per system or less is designed for a singular space of a building
and each 15-ton system or less has an independent duct system. Systems not complying with the
above require design documents that are to be sealed by a professional engineer.
Example 1: When a space has two 10-ton systems with each having an independent duct system,
the contractor may design these two systems since each unit(system) is less than 15 tons.
Example 2: Consider a small single-story office building which consists of six individual offices
where each office has a single three-ton package air conditioning heat pump. The six heat pumps
are connected to a single water cooling tower. The cost of the entire heating, ventilation and air-
conditioning work is $47,000 and the office building accommodates fewer than 100 persons.
Because the six mechanical units are connected to a common water tower this is considered to be
an 18-ton system.
NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and
$125,000 apply to the building occupancy load and the cost for the total air-conditioning system
of the building.
4.Any specialized mechanical, electrical, or plumbing document for any new building or addition
which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection
and alarm system which costs more than$5,000.
5.Electrical documents. See Florida Statutes 471.003(2)(h). Any electrical or plumbing or air
conditioning and refrigeration system meeting the following thresholds are required to be designed
by a Florida Registered Engineer. Any systemwhich:
1.Requires an electrical or plumbing or air-conditioning and refrigeration system with a value
greater than$125,000; and
2. a. Requires an aggregate service capacity of greater than 600 amperes (240 volts) on a
residential electrical system or greater than 800 amperes (240 volts) on a commercial or
industrial electrical system;
13
Page 343 of 428
Agenda Item #16.
b. Requires a plumbing system with more than 250 fixture units;or
c. Requires a heating, ventilation, and air-conditioning system which exceeds a 15-ton-per-
system capacity, or if the project is designed to accommodate more than 100 persons.
Documents requiring an engineer seal by this part shall not be valid unless a professional
engineer who possess a valid certificate of registration has signed,dated,and stamped such
document as provided in Section 471.025,Florida Statutes.
6.All public swimming pools and public bathing places defined by and regulated under Chapter 514,
Florida Statutes.
105.3.2 Time limitation of application. An application for a permit for any proposed work shall be
deemed to have been abandoned becoming null and void 180 days after the date of filing,or for any 180
day period of abandonment or suspension during the application process, unless such application has
been pursued in good faith or a permit has been issued; except that the Building Official is authorized
to grant one or more extensions of time for additional periods not exceeding 90 days each.The extension
shall be requested in writing prior to the abandonment date, with justifiable cause demonstrated.
Abandoned applications shall be subject to destruction in accordance with state law.The fee for renewal,
re-issuance, and extension of a permit application shall be set forth by the Village of Tequesta Village
Council. There may be fees or requirements from other government agencies for permit application
extensions and renewals.
105.3.3 An enforcing authority may not issue a building permit for any building construction, erection,
alteration, modification, repair or addition unless the permit either includes on its face or there is
attached to the permit the following statement: "NOTICE:In addition to the requirements of this permit,
there may be additional restrictions applicable to this property that may be found in the public records
of this county, such as the requirement for Home or Property Owners Association approval, and there
may be additional permits required from other governmental entities such as water management districts,
state agencies, or federal agencies."
105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working
days of application therefore unless unusual circumstances require a longer time for processing the
application or unless the permit application fails to satisfy the Florida Building Code or the enforcing
agency's laws or ordinances.
105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440,
Florida Statutes, Workers' Compensation, every employer shall, as a condition to receiving a building
pen-nit, show proof that it has secured compensation for its employees as provided in Section 440.10
and 440.38, Florida Statutes.
105.3.6 Asbestos removal contractor exemption. Refer to Section 105.9 herein-below for additional
requirements.A licensed asbestos removal contractor is not required when moving,removal or disposal
of asbestos-containing materials on a residential building where the owner occupies the building, the
building is not for sale or lease, and the work is performed according to the owner-builder limitations
provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally
appear and sign the building permit application. The permitting agency shall provide the person with a
disclosure statement in substantially the following form:
Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors.
You have applied for a permit under an exemption to that law. The exemption allows you, as the
owner of your property,to act as your own asbestos abatement contractor even though you do not
have a license. You must supervise the construction yourself. You may move, remove or dispose
14
Page 344 of 428
Agenda Item #16.
of asbestos-containing materials on a residential building where you occupy the building and the
building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell
or lease such building within I year after the asbestos abatement is complete,the law will presume
that you intended to sell or lease the property at the time the work was done,which is a violation
of this exemption. You may not hire an unlicensed person as your contractor. Your work must be
done according to all local, state and federal laws and regulations, which apply to asbestos
abatement projects. It is your responsibility to make sure that people employed by you have
licenses required by state law and by county or municipal licensing ordinances.
105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be permitted to
complete all buildings designed and approved prior to the effective date of a new code edition,provided
a clear signed contract is in place. The contract shall provide specific data mirroring that required by an
application for permit, specifically,without limitation, date of execution,building owner or dealer, and
anticipated date of completion. However, the construction activity must commence within 6 months of
the contract's execution. The contract is subject to verification by the Department of Business and
Professional Regulation.
105.3.8 Contract. The Village of Tequesta shall not require a contract between a builder and an owner
for the issuance of a building permit or as a requirement for the submission of a building permit
application.
105.3.9 Public right of way. A permit shall not be given by the Building Official for the construction
of any building, or for the alteration of any building where said building is to be changed and such
change will affect the exterior walls,bays,balconies,or other appendages or projections fronting on any
street,alley or public lane, or for the placing on any lot or premises of any building or structure removed
from another lot or premises, unless the applicant has received a right of way permit from the authority
having jurisdiction over the street, alley or public lane.
105.4 Conditions of the permit. The issuance or granting of a permit shall not be construed to be a permit
for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of any
other federal, state and local laws, ordinances, codes and regulations. Permits presuming to give authority
to violate or cancel the provisions of this code or other ordinances of any other federal, state and local laws,
ordinances, codes and regulations shall not be valid. The issuance of a permit based on construction
documents and other data shall not prevent the Building Official from requiring the correction of errors in
the construction documents and other data. The Building Official is also authorized to prevent occupancy
or use of a structure where in violation of this code or of any other ordinances of this jurisdiction or of any
other federal, state and local laws, ordinances, codes and regulations.
105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and
not as authority to violate,cancel,alter or set aside any of the provisions of the technical codes,nor shall
issuance of a permit prevent the Building Official from thereafter requiring a correction of errors in
plans, construction or violations of this code. Every permit issued shall become invalid unless the work
authorized by such permit is commenced within six months after its issuance, or if the work authorized
by such permit is suspended or abandoned for a period of six months after the time the work is
commenced.
105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires
because of lack of progress or abandonment, a new permit covering the proposed construction shall
be obtained before proceeding with the work.
105.4.1.2 If a new permit, or revalidation(renewal)of the original permit,is not obtained within 180
15
Page 345 of 428
Agenda Item #16.
days from the date the initial permit became null and void, the Building Official is authorized to
require that any work which has been commenced or completed be removed from the building site.
Alternately, a new permit may be issued on application,providing the work in place and required to
complete the structure meets all applicable regulations in effect at the time the initial permit became
null and void and any regulations which may have become effective between the date of expiration
and the date of issuance of the new permit.
105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved
inspection within 180 days.This provision shall not be applicable in case of civil commotion or strike
or when the building work is halted due directly to judicial injunction, order or similar process, or
due to action by an environmental or archeological agency having jurisdiction.The Building Official
is authorized to grant,in writing,one or more extensions of time,for periods not more than 3 months
each. The extension shall be requested in writing and justifiable cause demonstrated, prior to
expiration.
105.4.1.4 The fee for renewal, reissuance and extension of a permit shall be set forth by the
administrative authority. There may be fees or requirements from other government agencies for
permit extensions and renewals.
105.4.1.5 Any building permit work that has not received a certificate of occupancy or certificate of
completion within two years from the date of original issuance shall be considered expired. If a new
building permit is not obtained in accordance with section 105.4.1.2 herein, within 30 days of the
expiration of the expired building permit, the construction shall be subject to unsafe structure
abatement proceedings.
105.4.2 Additional options for closing a permit. Pursuant to Section 553.79(15), Florida Statutes, a
property owner,regardless of whether the property owner is the one listed on the application for the building
permit,may close a building permit by complying with the following requirements:
1. The property owner may retain the original contractor listed on the permit or hire a different
contractor appropriately licensed in this state to perform the work necessary to satisfy the
conditions of the permit and to obtain any necessary inspection in order to close the permit. If a
contractor other than the original contractor listed on the permit is hired by the property owner
to close the permit, such contractor is not liable for any defects in the work performed by the
original contractor and is only liable for the work that he or she performs.
2. The property owner may assume the role of an owner-builder,in accordance with Sections
489.103(7) and 489.503(6),Florida Statutes.
3. If a building permit is expired and its requirements have been substantially completed as
determined by the local enforcement agency,the permit may be closed without having to obtain
a new building permit, and the work required to close the permit may be done pursuant to the
building code in effect at the time the Village of Tequesta received the application for the permit,
unless the contractor has sought and received approval from the Village of Tequesta for an
alternative material, design or method of construction.
4. The Village of Tequesta may close a building permit 6 years after the issuance of the permit,
even in the absence of a final inspection, if the Village of Tequesta determines that no apparent
safety hazard exists.
For purposes of this section,the term"close"means that the requirements of the permit have been satisfied.
16
Page 346 of 428
Agenda Item #16.
105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such
permit is commenced within 180 days after its issuance,or if the work authorized on the site by such permit
is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building
Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180
days each. The extension shall be requested in writing and justifiable cause demonstrated as determined by
the Building Official.
105.6 Denial or revocation. Whenever a permit required under this section is denied or revoked because
the plan, or the construction, erection, alteration,modification,repair, or demolition of a building, is found
by the Village of Tequesta to be not in compliance with the Florida Building Code, the Village of Tequesta
shall identify the specific plan or project features that do not comply with the applicable codes,identify the
specific code chapters and sections upon which the finding is based, and provide this information to the
permit applicant. If the local building code administrator or inspector finds that the plans are not in
compliance with the Florida Building Code,the local building code administrator or inspector shall identify
the specific plan features that do not comply with the applicable codes, identify the specific code chapters
and sections upon which the finding is based, and provide this information to the Village of Tequesta. The
Village of Tequesta shall provide this information to the permit applicant.
Pursuant to Section 553.79(16), Florida Statutes, the Village of Tequesta may not deny issuance of a
building permit to; issue a notice of violation to; or fine,penalize sanction or assess fees against an arm's-
length purchaser of a property for value solely because a building permit applied for by a previous owner
of the property was not closed. The Village of Tequesta shall maintain all rights and remedies against the
property owner and contractor listed on the permit.
Pursuant to Section 553.79(16), Florida Statutes, the Village of Tequesta may not deny issuance of a
building permit to a contractor solely because the contractor is listed on other building permits that were
not closed.
105.6.1 Misrepresentation of application. The Building Official may revoke a permit or approval,
issued under the provisions of this code, when there has been any false statement or misrepresentation
as to the material fact in the application or plans on which the permit or approval was based.
105.6.2 Violation of code provisions.The Building Official may require correction or revoke the permit
upon determination by the Building Official that the construction, erection, alteration, repair, moving,
demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or
plumbing systems for which the permit was issued is in violation of, or not in conformity with, the
provisions of this code or the Village of Tequesta Code of Ordinances.
105.7 Placement of permit. The building permit or a copy shall be kept on the site of the work until the
completion of the project.
105.8 Notice of commencement. In accordance with Section 713.135, Florida Statutes, when any person
applies for a building permit, the authority issuing such permit shall print on the face of each permit card
in no less than 14-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE TO
RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR
IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE
RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION.IF YOU INTEND
TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
RECORDING YOUR NOTICE OF COMMENCEMENT."
105.9 Asbestos.The Village of Tequesta shall require each building permit for the demolition or renovation
of an existing structure to contain an asbestos notification statement which indicates the owner's or
17
Page 347 of 428
Agenda Item #16.
operator's responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify
the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable,
in accordance with state and federal law. Refer to Section 105.3.6 "Asbestos Removal Contractor
Exemption"of this code for additional requirements.
105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site
posting board shall be provided to receive duplicate treatment certificates as each required protective
treatment is completed, providing a copy for the person the permit is issued to and another copy for the
building permit files. The treatment certificate shall provide the product used, identity of the applicator,
time and date of the treatment, site location,area treated, chemical used,percent concentration and number
of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method
for termite prevention is used, final exterior treatment shall be completed prior to final building approval.
For a bait system, see Section 1816.1.7 of the Florida Building Code for contract document requirements.
105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and
need for reinspection and treatment contract renewal shall be provided. The sign shall be posted near the
water heater or electric panel.
105.12 Work starting before permit issuance.Upon written request and approval of the Building Official,
the scope of work delineated in the building permit application and plan may be started prior to the final
approval and issuance of the permit,provided any work completed is entirely at risk of the permit applicant
and the work does not proceed past the first required inspection.
105.13 Phased permit approval. After submittal of the appropriate construction documents,the Building
Official is authorized to issue a permit for the construction of foundations or any other part of a building or
structure before the construction documents for the whole building or structure have been submitted. The
holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's
own risk with the building operation and without assurance that a permit for the entire structure will be
granted. Corrections may be required to meet the requirements of the technical codes.
105.14 Permit issued on basis of an affidavit. The Building Official may accept a sworn affidavit from
a registered architect or engineer stating that the plans submitted conform to the technical codes. For
buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of
construction and general arrangement and,if accompanied by drawings,show the structural design and that
the plans and design conform to the requirements of the technical codes as to strength, stresses, strains,
loads and stability. Whenever a permit is issued in reliance upon an affidavit or whenever the work to be
covered by a permit involves installation under conditions, which, in the opinion of the Building Official,
are hazardous or complex,the Building Official shall require that the architect or engineer who signed the
affidavit or prepared the drawings or computations shall supervise such work. In addition, they shall be
responsible for conformity to the permit,provide copies of inspection reports as inspections are performed,
and upon completion make and file with the Building Official written affidavit that the work has been done
in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event
such architect or engineer is not available,the owner shall employ in his stead a competent person or agency
whose qualifications are reviewed by the Building Official. The Building Official shall ensure that any
person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida
Statutes, and that any person conducting inspections is qualified as a building inspector under Part III of
Chapter 468,Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the Building
Official(See also Section 107.6).
Exception: Permits issued on basis of an affidavit shall not extend to the flood load and flood resistance
requirements of the Florida Building Code and the Building Official shall review and inspect those
18
Page 348 of 428
Agenda Item #16.
requirements.
105.15 Opening protection. When any activity requiring a building permit that is applied for on or after
July 1, 2008, and for which the estimated cost is $50,000 or more for a site built single-family detached
residential structure that is located in the wind borne debris region as defined in this Code and that has an
insured value of $750,000 or more, or, if the site built single-family detached residential structure is
uninsured or for which documentation of insured value is not presented,has a just valuation for the structure
for purposes of ad valorem taxation of$750,000 or more; opening protections as required within this Code
or Florida Building Code,Residential for new construction shall be provided.
Exception: Where defined wind-borne debris regions have not changed, single family detached
residential structures permitted subject to the Florida Building Code are not required to comply with this
section.
105.16 Inspection of existing residential building not impacted by construction.
(a)A Village of Tequesta,and any local building code administrator,inspector,or other official or entity,
may not require as a condition of issuance of a one- or two-family residential building permit the
inspection of any portion of a building, structure, or real property that is not directly impacted by the
construction, erection, alteration, modification, repair, or demolition of the building, structure, or real
property for which the permit is sought.
(b)This subsection does not apply to a building permit sought for:
1. A substantial improvement as defined in Section 161.54, Florida Statutes or as defined in the
Florida Building Code.
2. A change of occupancy as defined in the Florida Building Code.
3. A conversion from residential to nonresidential or mixed use pursuant to Section553.507(2)(a),
Florida Statutes or as defined in the Florida Building Code.
4. A historic building as defined in the Florida Building Code.
(c) This subsection does not prohibit a Village of Tequesta, or any local building code administrator,
inspector, or other official or entity,from:
1. Citing any violation inadvertently observed in plain view during the ordinary course of an
inspection conducted in accordance with the prohibition in paragraph(a).
2. Inspecting a physically nonadjacent portion of a building, structure, or real property that is
directly impacted by the construction, erection, alteration,modification,repair, or demolition of
the building, structure, or real property for which the permit is sought in accordance with the
prohibition in paragraph(a).
3. Inspecting any portion of a building, structure, or real property for which the owner or other
person having control of the building, structure, or real property has voluntarily consented to the
inspection of that portion of the building, structure, or real property in accordance with the
prohibition in paragraph(a).
4. Inspecting any portion of a building, structure,or real property pursuant to an inspection warrant
issued in accordance with Sections 933.20-933.30,Florida Statutes.
105.17 Streamlined low-voltage alarm system installation permitting.
19
Page 349 of 428
Agenda Item #16.
(1)As used in this section,the term:
(a) "Contractor" means a person who is qualified to engage in the business of electrical or alarm
system contracting pursuant to a certificate or registration issued by the department under part II of
chapter 489,Florida Statutes.
(b) "Low-voltage alarm system project" means a project related to the installation, maintenance,
inspection,replacement, or service of a new or existing alarm system, as defined in Section 489.505,
Florida Statutes, including video cameras and closed-circuit television systems used to signal or
detect a burglary,fire,robbery,or medical emergency,that is hardwired and operating at low voltage,
as defined in the National Electrical Code Standard 70, current edition, or a new or existing low-
voltage electric fence. The term also includes ancillary components or equipment attached to a low-
voltage alarm system, or low-voltage electric fence, including,but not limited to,home-automation
equipment, thermostats, closed-circuit television systems, access controls, battery recharging
devices, and video cameras.
(c) "Low-voltage electric fence"means an alarm system, as defined in s. 489.505, that consists of a
fence structure and an energizer powered by a commercial storage battery not exceeding 12 volts
which produces an electric charge upon contact with the fence structure.
(d) "Wireless alarm system"means a burglar alarm system or smoke detector that is not hardwired
(2) Notwithstanding any provision of this Code, this section applies to all low-voltage alarm system
projects for which a permit is required by a local enforcement agency.However, a permit is not required
to install, maintain, inspect, replace, or service a wireless alarm system, including any ancillary
components or equipment attached to the system.
1. A low-voltage electric fence must meet all of the following requirements to be permitted as a low-
voltage alarm system project and no further permit shall be required for the low-voltage alarm
system project other than as provided in this section:
(a) The electric charge produced by the fence upon contact must not exceed energizer
characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International
Electrotechnical Commission Standard No. 60335-2-76, Current Edition.
(b) A nonelectric fence or wall must completely enclose the low-voltage electric fence. The low-
voltage electric fence may be up to 2 feet higher than the perimeter nonelectric fence or wall.
(c) The low-voltage electric fence must be identified using warning signs attached to the fence
at intervals of not more than 60 feet.
(d) The low-voltage electric fence shall not be installed in an area zoned exclusively for single-
family or multi-family residential use.
(e) The low-voltage electric fence shall not enclose the portions of a property which are used for
residential purposes.
(4) This section does not apply to the installation or replacement of a fire alarm if a plan review is
required.
(5)The Village of Tequesta shall make uniform basic permit labels available for purchase by a contractor
to be used for the installation or replacement of a new or existing alarm system at a cost as indicated in
Section 553.793,Florida Statutes.The Village of Tequesta may not require the payment of any additional
fees, charges, or expenses associated with the installation or replacement of a new or existing alarm.
20
Page 350 of 428
Agenda Item #16.
(a) The Village of Tequesta may not require a contractor, as a condition of purchasing a label, to
submit information other than identification information of the licensee and proof of registration or
certification as a contractor.
(b)A label is valid for 1 year after the date of purchase and may only be used within the jurisdiction
of the local enforcement agency that issued the label. A contractor may purchase labels in bulk for
one or more unspecified current or future projects.
(6)A contractor shall post an unused uniform basic permit label in a conspicuous place on the premises
of the low-voltage alarm system project site before commencing work on the project.
(7)A contractor is not required to notify the local enforcement agency before commencing work on a
low-voltage alarm system project. However, a contractor must submit a Uniform Notice of a Low-
Voltage Alarm System Project as provided under subsection(7)to the local enforcement agency within
14 days after completing the project.A local enforcement agency may take disciplinary action against a
contractor who fails to timely submit a Uniform Notice of a Low-Voltage Alarm System Project.
(8)The Uniform Notice of a Low-Voltage Alarm System Project may be submitted electronically or by
facsimile if all submissions are signed by the owner, tenant, contractor, or authorized representative of
such persons. The Uniform Notice of a Low-Voltage Alarm System Project shall be in the format
prescribed by the local enforcement agency and must comply with the requirements of Section
553.793(7),Florida Statutes.
(9)The Village of Tequesta may coordinate directly with the owner or customer to inspect a low-voltage
alarm system project may be inspected by the local enforcement agency to ensure compliance with
applicable codes and standards. If a low-voltage alarm system project fails an inspection,the contractor
must take corrective action as necessary to pass inspection.
(10)The Village of Tequesta shall not adopt or maintain in effect any ordinance or rule regarding a low-
voltage alarm system project that is inconsistent with this section.
(11)A uniform basic permit label shall not be required for the subsequent maintenance, inspection, or
service of an alarm system that was permitted in accordance with this section. The provisions of this act
are not intended to impose new or additional licensure requirements on persons licensed in accordance
with the applicable provisions of chapter 489, Florida Statutes.
SECTION 106
FLOOR AND ROOF DESIGN LOADS
106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or
industrial building is or has been designed to exceed 50 psf(2.40 kN/m2), such design live loads shall be
conspicuously posted by the owner or the owner's authorized agent in that part of each story in which they
apply,using durable signs.It shall be unlawful to remove or deface such notices
106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not
be issued until the floor load signs,required by Section 106.1,have been installed.
106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor
or roof of a building, structure or portion thereof, a load greater than is permitted by this code.
SECTION 107
SUBMITTAL DOCUMENTS
21
Page 351 of 428
Agenda Item #16.
107.1 General. Submittal documents consisting of construction documents, statement of special
inspections, geotechnical report and other data shall be submitted in two or more sets with each permit
application in accordance with Florida Statute 553.79. The construction documents shall be prepared by a
registered design professional where required by Chapter 471, Florida Statutes & 61G15 Florida
Administrative Code or Chapter 481,Florida Statutes&61G1 Florida Administrative Code.Where special
conditions exist, the Building Official is authorized to require additional construction documents to be
prepared by a registered design professional.Electronic media documents shall be submitted when required
by the Building Official, in a format acceptable to the Building Official, and may require only one set of
submittals.
Exception: The Building Official is authorized to waive the submission of construction documents and
other data not required to be prepared by a registered design professional if it is found that the nature of
the work applied for is such that review of construction documents is not necessary to obtain compliance
with this code.
If the design professional is an architect, interior designer, or engineer legally registered under the laws of
this state regulating the practice of architecture or interior design as provided for in Chapter 481, Florida
Statutes, Part I, or landscape architecture as provided for in Chapter 481, Florida Statutes, Part II, or
engineering as provided for in Chapter 471, Florida Statutes, then he or she shall affix his or her official
seal to said drawings, specifications and accompanying data, as required by Florida Statutes.
107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1
through 107.2.6.
107.2.1 Information on construction documents.
Construction documents shall be dimensioned and drawn upon suitable material. Electronic media
documents are permitted to be submitted when approved by the Building Official. Construction
documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed
and show in detail that it will conform to the provisions of this code and relevant laws,ordinances,rules
and regulations, as determined by the Building Official. Such drawings and specifications shall contain
information, in the form of notes or otherwise, as to the quality of materials, where quality is essential
to conformity with the technical codes. Such information shall be specific,and the technical codes shall
not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for
specific information. All information, drawings, specifications and accompanying data shall bear the
name and signature of the person responsible for the design.
107.2.1.1 For roof assemblies required by the code, the construction documents shall illustrate,
describe and delineate the type of roofing system, materials, fastening requirements, flashing
requirements and wind resistance rating that are required to be installed. Product evaluation and
installation shall indicate compliance with the wind criteria required for the specific site or a
statement by an architect or engineer certifying suitability for the specific site must be submitted with
the construction documents.
107.2.1.2 Additional data.The Building Official may require details,computations,stress diagrams,
and other data necessary to describe the construction or installation and the basis of calculations.All
drawings, specifications and accompanying data required by the Building Official to be prepared by
an architect or engineer shall be affixed with their official seal, signature and date as state law
requires.
22
Page 352 of 428
Agenda Item #16.
107.2.1.3 Quality of building plans. Building plans shall be drawn to a minimum 1/8 inch scale
upon substantial paper, cloth or other acceptable medium. The Building Official may establish,
through Departmental policy, other standards for plans and specifications, including electronic
format, in order to provide confonnity to its electronic permit review and record retention program.
This policy may include such things as minimum size, shape, contrast, clarity, or other items related
to records management. Electronic media must be compatible with the archive requirements of
Florida Statutes.
107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall
be submitted to indicate conformance to this code and the construction documents and shall be approved
prior to the start of system installation. Shop drawings shall contain all information as required by the
referenced installation standards in Chapter 9 of the Florida Building Code.
107.2.3 Means of egress. The construction documents shall show in sufficient detail the location,
construction, size and character of all portions of the means of egress including the path of the exit
discharge to the public way in compliance with the provisions of this code.In other than occupancies in
Groups R-2, R-3, and 1-1, the construction documents shall designate the number of occupants to be
accommodated on every floor, and in all rooms and spaces.
107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior
wall envelope in sufficient detail to determine compliance with this code. The construction documents
shall provide details of the exterior wall envelope as required, including flashing, intersections with
dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means
of drainage,water-resistive membrane and details around openings.
The construction documents shall include manufacturer's installation instructions that provide
supporting documentation that the proposed penetration and opening details described in the
construction documents maintain the weather resistance of the exterior wall envelope. The supporting
documentation shall fully describe the exterior wall system which was tested,where applicable, as well
as the test procedure used.
107.2.5 Exterior balcony and elevated walking surfaces. Where balcony or other elevated walking
surfaces are exposed to water from direct or blowing rain, snow or irrigation,and the structural framing
is protected by an impervious moisture barrier the construction documents shall include details for all
element of the impervious moisture barrier system. The construction documents shall include
manufacturer's installation instructions.(CA7834)
107.2.6 Site plan. The construction documents submitted with the application for permit shall be
accompanied by a site plan showing to scale the size and location of new construction and existing
structures on the site, distances from lot lines, the established street grades and the proposed finished
grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be
drawn in accordance with an accurate boundary line survey. In the case of demolition,the site plan shall
show construction to be demolished and the location and size of existing structures and construction that
are to remain on the site or plot. The Building Official is authorized to waive or modify the requirement
for a site plan when the application for permit is for alteration or repair or when otherwise warranted.
107.2.6.1 Design flood elevations. Where design flood elevations are not specified, they shall be
established in accordance with Section 1612.3.1. Design flood elevations shall be uniformly
specified utilizing the currently effective NAVD 88.
23
Page 353 of 428
Agenda Item #16.
107.2.6.2 For the purpose of inspection and record retention, site plans for a building may be
maintained in the form of an electronic copy at the worksite. These plans must be open to inspection
by the Building Official or a duly authorized representative,as required by the Florida Building Code.
107.2.7 Structural information. The construction documents shall provide the information specified
in Section 1603.
107.3 Examination of documents. The Building Official shall examine or cause to be examined the
accompanying submittal documents and shall ascertain by such examinations whether the construction
indicated and described is in accordance with the requirements of this code and other pertinent laws or
ordinances.
Exceptions:
1. Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state-approved
manufactured buildings are exempt from local codes Village of Tequesta plan reviews except for
provisions of the code relating to erection, assembly or construction at the site. Erection, assembly
and construction at the site are subject to local permitting and inspections. Photocopies of plans
approved according to FAC 61-41.009, Florida Administrative Code, shall be sufficient for Village
of Tequesta permit application documents of record for the modular building portion of the permitted
project.
2. Industrial construction on sites where design, construction and fire safety are supervised by
appropriately licensed design and inspection professionals and which contain adequate in-house fire
departments and rescue squads is exempt, subject to approval by the Building Official, from review
of plans and inspections, providing the appropriate licensed design and inspection professionals
certify that applicable codes and standards have been met and supply appropriate approved drawings
to local building and fire-safety inspectors.
107.3.1 Approval of construction documents. When the Building Official issues a permit, the
construction document shall be approved,in writing or by stamp, as "Reviewed for Code Compliance."
One set of construction documents so reviewed shall be retained by the Building Official. The other set
shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the
Building Official or a duly authorized representative.
107.3.2 Previous approvals. This code shall not require changes in the construction documents,
construction or designated occupancy of a structure for which a lawful permit has been heretofore issued
or otherwise lawfully authorized, and the construction of which has been pursued in good faith within
180 days after the effective date of this code and has not been abandoned.
107.3.3 Phased approval. The Building Official is authorized to issue a permit for the construction of
foundations or any other part of a building or structure before the construction documents for the whole
building or structure have been submitted,provided that adequate information and detailed statements
have been filed complying with pertinent requirements of this code. The holder of such permit for the
foundation or other parts of a building or structure shall proceed at the holder's own risk with the
building operation and without assurance that a permit for the entire structure will be granted.
107.3.4 Design professional in responsible charge. Where it is required that documents be prepared
by a registered design professional,the Building Official shall be authorized to require the owner or the
owner's authorized agent to engage and designate on the building permit application a registered design
24
Page 354 of 428
Agenda Item #16.
professional who shall act as the registered design professional in responsible charge. If the
circumstances require,the owner or the owner's authorized agent shall designate a successor registered
design professional in responsible charge who shall perform the duties required of the original registered
design professional in responsible charge.The Building Official shall be notified in writing by the owner
or the owner's authorized agent if the registered design professional in responsible charge is changed or
is unable to continue to perform the duties. Successor registered design professional in responsible
charge licensed under Chapter 471 Florida Statutes shall comply with Section 471.025(4)Florida Statute
and the procedure set forth in 61G15-27.001 Florida Administrative Code; or licensed under Chapter
481 Florida Statutes shall comply with Section 481.221(6)Florida Statute and the procedure set forth in
61G1-18.002 Florida Administrative Code.
The registered design professional in responsible charge shall be responsible for reviewing and
coordinating submittal documents prepared by others, including phased and deferred submittal items,
for compatibility with the design of the building. Those products which are regulated by FAC Rule
61 G20 shall be reviewed and approved in writing by the designer of record prior to submittal for
jurisdictional approval.
107.3.4.1 Deferred submittals. For the purposes of this section, deferred submittals are defined as
those portions of the design that are not submitted at the time of the application and that are to be
submitted to the Building Official.
Deferral of any submittal items shall have the prior approval of the Building Official.The registered
design professional in responsible charge shall list the deferred submittals on the construction
documents for review by the Building Official.
Documents for deferred submittal items shall be submitted to the registered design professional in
responsible charge who shall review them and forward them to the Building Official with a notation
indicating that the deferred submittal documents have been reviewed and found to be in general
conformance to the design of the building. The deferred submittal items shall not be installed until
the deferred submittal documents have been approved by the Building Official.
107.3.4.2 Certifications by contractors authorized under the provisions of Section 489.115(4)(b),
Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person
licensed under Chapter 471, Florida Statutes, or Chapter 481 Florida Statutes,by local enforcement
agencies for plans review for pennitting purposes relating to compliance with the wind-resistance
provisions of the code or alternate methodologies approved by the Florida Building Commission for
one- and two-family dwellings. Local enforcement agencies may rely upon such certification by
contractors that the plans and specifications submitted conform to the requirements of the code for
wind resistance. Upon good cause shown, local government code enforcement agencies may accept
or reject plans sealed by persons licensed under Chapters 471, 481 or 489,Florida Statutes.
107.3.5 Minimum plan review criteria for buildings. The examination of the documents by the
Building Official shall include the following minimum criteria and documents: a floor plan; site plan;
foundation plan; floor/roof framing plan or truss layout; all fenestration and building envelope
penetrations; flashing; and rough opening dimensions; and all exterior elevations:
Commercial Buildings:
Building
1. Site requirements:
Parking
25
Page 355 of 428
Agenda Item #16.
Fire access
Vehicle loading
Driving/turning radius
Fire hydrant/water supply/post indicator valve(PIV)
Set back/separation(assumed property lines)
Location of specific tanks,water lines and sewer lines
Flood hazard areas, flood zones, and design flood elevations
2. Occupancy group and special occupancy requirements shall be determined(with cross check
with the energy code submittal).
3. Minimum type of construction shall be determined(see Table 503).
4. Fire-resistant construction requirements shall include the following components:
Fire-resistant separations
Fire-resistant protection for type of construction
Protection of openings and penetrations of rated walls
Fire blocking and draftstopping and calculated fire resistance
5. Fire suppression systems shall include:
Early warning smoke evacuation systems
Schematic fire sprinklers
Standpipes
Pre-engineered systems
Riser diagram
6. Life safety systems shall be determined and shall include the following requirements:
Occupant load and egress capacities
Early warning
Smoke control
Stair pressurization
Systems schematic
7. Occupancy load/egress requirements shall include:
Occupancy load
Gross
Net
Means of egress
Exit access
Exit
Exit discharge
Stairs construction/geometry and protection
Doors
Emergency lighting and exit signs
Specific occupancy requirements
Construction requirements
Horizontal exits/exit passageways
8. Structural requirements shall include:
Soil conditions/analysis
Termite protection
26
Page 356 of 428
Agenda Item #16.
Design loads
Wind requirements
Building envelope
Impact resistant coverings or systems
Structural calculations (if required)
Foundation
Flood requirements in accordance with Section 1612,including lowest floor elevations,enclosures,
flood damage-resistant materials
Wall systems
Floor systems
Roof systems
Threshold inspection plan
Stair systems
9. Materials shall be reviewed and shall at a minimum include the following:
Wood
Steel
Aluminum
Concrete
Plastic
Glass
Masonry
Gypsum board and plaster
Insulating(mechanical)
Roofing
Deck coatings
Insulation
Building envelope portions of the Energy Code(including calculation and mandatory requirements)
10.Accessibility requirements shall include the following:
Site requirements
Accessible route
Vertical accessibility
Toilet and bathing facilities
Drinking fountains
Equipment
Special occupancy requirements
Fair housing requirements
11. Interior requirements shall include the following:
Interior finishes (flame spread/smoke development)
Light and ventilation(including corresponding portion of the energy code)
Sanitation
12. Special systems:
Elevators
Escalators
Lifts
13. Swimming pools:
Barrier requirements
27
Page 357 of 428
Agenda Item #16.
Spas
Wading pools
14. Location and installation details.The specific location and installation details of each fire door,
fire damper, ceiling damper and smoke damper shall be shown and properly identified on the
building plans by the designer.
Electrical
1. Electrical:
Wiring
Services
Feeders and branch circuits
Overcurrent protection
Grounding
Wiring methods and materials
GFCIs
Electrical portions of the Energy Code(including calculation and mandatory requirements)
2. Equipment
3. Special occupancies
4. Emergency systems
5. Communication systems
6. Low voltage
7. Load calculations
8. Design flood elevation
Plumbing
1. Minimum plumbing facilities
2. Fixture requirements
3. Water supply piping
4. Sanitary drainage
5. Water heaters
6. Vents
7. Roof drainage
8. Back flow prevention
9. Irrigation
10. Location of water supply line
11. Grease traps
12. Environmental requirements
13. Plumbing riser
14. Design flood elevation
15. Water/plumbing portions of the Energy Code (including calculation and mandatory
requirements)
Mechanical
1. Mechanical portions of the energy calculations
2. Exhaust systems:
Clothes dryer exhaust
Kitchen equipment exhaust
Specialty exhaust systems
3. Equipment
4. Equipment location
28
Page 358 of 428
Agenda Item #16.
5. Make-up air
6. Roof-mounted equipment
7. Duct systems
8. Ventilation
9. Combustion air
10. Chimneys,fireplaces and vents
11.Appliances
12. Boilers
13. Refrigeration
14. Bathroom ventilation
15. Laboratory
16. Design flood elevation
17. Smoke and/or Fire Dampers
Gas
1. Gas piping
2. Venting
3. Combustion air
4. Chimneys and vents
5. Appliances
6. Type of gas
7. Fireplaces
8. LP tank location
9. Riser diagram/shutoffs
10. Design flood elevation
11. Gas portions of the Energy Code(including calculation and mandatory requirements)
Demolition
1. Asbestos removal
Residential(one- and two-family):
1. Site requirements:
Setback/separation (assumed property lines)
Drainage Plan(professionally prepared)
Set back/separation(assumed property lines)
Location of septic tanks
2. Fire-resistant construction(if required)
3. Fire
4. Smoke detector locations
5. Egress
Egress window size and location stairs construction requirements
6. Structural requirements shall include:
Wall section from foundation through roof,including assembly and materials,connector tables,
wind requirements, and structural calculations (if required)
Termite protection
Design loads
Wind requirements
Building envelope
Foundation
Wall systems
29
Page 359 of 428
Agenda Item #16.
Floor systems
Roof systems
Flood hazard areas,flood zones, design flood elevations, lowest floor elevations, enclosures,
equipment, and flood damage-resistant materials
7. Accessibility requirements: show/identify accessible bath
8. Impact resistant coverings or systems
9.Residential Energy Code submittal(including calculation and mandatory requirements)
10. Electrical:
Electric service riser with wire sizes, conduit detail and grounding detail
Complete load calculations,Panel schedules
11. Mechanical:
Equipment and location,Duct systems
12. Plumbing:
Plumbing riser
13. Gas:
Gas piping
Venting
Combustion air
Chimneys and vents
Appliances
Type of gas
Fireplaces
LP tank location
Riser diagram/shutoffs
14. Swimming Pools
Barrier requirements
Spas
Wading pools
Manufactured buildings/housing—
1. Site requirements
Setback/separation(assumed property lines)
Location of septic tanks (if applicable)
2. Structural
Wind zone
Anchoring
Blocking
3. Plumbing
List potable water source and meter size(if applicable)
4. Mechanical
Exhaust systems
Clothes dryer exhaust
Kitchen equipment exhaust
5. Electrical exterior disconnect location
Exemptions.
Plans examination by the Building Official shall not be required for the following work:
30
Page 360 of 428
Agenda Item #16.
1. Replacing existing equipment such as mechanical units,water heaters,etc.
2. Reroofs (as determined by local jurisdiction)
3. Minor electrical,plumbing and mechanical repairs
4. Annual maintenance permits
5. Prototype plans
Except for local site adaptions, siding, foundations and/or modifications.
Except for structures that require waiver.
6. Manufactured buildings plan except for foundations and modifications of buildings on site and
as listed above in manufactured buildings/housing.
107.4 Amended construction documents. Work shall be installed in accordance with the approved
construction documents, and any changes made during construction that are not in compliance with the
approved construction documents shall be resubmitted for approval as an amended set of construction
documents.
107.5 Retention of construction documents.One set of approved construction documents shall be retained
by the Building Official for a period of not less than 180 days from date of completion of the permitted
work, or as required by state or local laws.
107.6 Affidavits.The Building Official may accept a sworn affidavit from a registered architect or engineer
stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit
shall state that the plans conform to the laws as to egress,type of construction and general arrangement and,
if accompanied by drawings, show the structural design and that the plans and design conform to the
requirements of the technical codes as to strength,stresses,strains,loads and stability.The Building Official
may without any examination or inspection accept such affidavit, provided the architect or engineer who
made such affidavit agrees to submit to the Building Official copies of inspection reports as inspections are
performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a
certification that the structure, electrical, gas, mechanical or plumbing system has been erected in
accordance with the requirements of the technical codes. Where the Building Official relies upon such
affidavit,the architect or engineer shall assume full responsibility for compliance with all provisions of the
technical codes and other pertinent laws or ordinances. The Building Official shall ensure that any person
conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes,
and that any person conducting inspections is qualified as a building inspector under Part XII of Chapter
468, Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the Building Official
(See also Section 105.14). On applications in which private provider services are utilized, all time frames
shall adhere to time frames as indicated in Florida Statutes 553.791 (7).
107.6.1 Building permits issued in special flood hazard areas on the basis of an affidavit.Pursuant
to the requirements of federal regulation for participation in the National Flood Insurance Program (44
C.F.R. Parts 59 and 60), the authority granted to the Building Official to issue permits, to rely on
inspections, and to accept plans and construction documents on the basis of affidavits and plans
submitted pursuant to Sections 105.14 and 107.6, shall not extend to the flood load and flood resistance
construction requirements of the Florida Building Code.
107.6.2 Affidavits Provided Pursuant to Section 553.791, Florida Statutes. For a building or structure
in a flood hazard area,the Building Official shall review any affidavit certifying compliance with the flood
load and flood-resistant construction requirements of the Florida Building Code.
SECTION 108
TEMPORARY STRUCTURES AND USES
31
Page 361 of 428
Agenda Item #16.
108.1 General.The Building Official is authorized to issue a permit for temporary structures and temporary
uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days.
The Building Official is authorized to grant extensions for demonstrated cause.
108.2 Conformance. Temporary structures and uses shall comply with the requirements in Section 3103
of the Florida Building Code.
108.3 Temporary power.The Building Official is authorized to give permission to temporarily supply and
use power in part of an electric installation before such installation has been fully completed and the final
certificate of completion has been issued. The part covered by the temporary certificate shall comply with
the requirements specified for temporary lighting,heat or power in NFPA 70.
108.4 Termination of approval. The Building Official is authorized to terminate such permit for a
temporary structure or use and to order the temporary structure to be removed or use to be discontinued.
SECTION 109
FEES
109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor
shall an amendment to a permit be released until the additional fee,if any,has been paid.
109.2 Schedule of permit fees. On buildings,structures,electrical,gas,mechanical,and plumbing systems
or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the
schedule as established by the Village of Tequesta Village Council.
109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following:
• Permits;
• Plans examination'
• Certificates of competency(including fees for applications, examinations,renewal, late
renewal, and reciprocity);
• Re-inspections;
• Administrative fees (including fees for investigative and legal costs incurred in the context of
certain disciplinary cases heard by the board);
• Variance requests;
• Administrative appeals;
• Violations; and
• Other fees as established by local resolution or ordinance
109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at
time of application. Permit valuations shall include total value of work, including materials and labor, for
which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent
systems. If, in the opinion of the Building Official, the valuation is underestimated on the application, the
permit shall be denied,unless the applicant can show detailed estimates to meet the approval of the Building
Official. Final building permit valuation shall be set by the Building Official.
109.4 Work commencing before permit issuance. Any person who commences any work on a building,
structure,electrical,gas,mechanical or plumbing system before obtaining the necessary permits or without
prior approval from the Building Official as permitted in Section 105.2.2 or 105.12 shall be subject to a fee
established by the Building Official that shall be in addition to the required permit fees established and
32
Page 362 of 428
Agenda Item #16.
adopted by the Village of Tequesta Village Council. 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(s)must be applied for within three(3)business days and any unreasonable delay in obtainingthose
permit(s) shall result in the charge of a triple fee. The payment of a triple 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.
109.5 Related fees.The payment of the fee for the construction,alteration,removal or demolition for work
done in connection to or concurrently with the work authorized by a building permit shall not relieve the
applicant or holder of the permit from the payment of other fees that are prescribed by law.
109.6 Refunds. The Building Official is authorized to establish and publish a refund policy through local
ordinance or resolution.
SECTION 110
INSPECTIONS
110.1 General. Construction or work for which a permit is required shall be subject to inspection by the
Building Official and such construction or work shall remain exposed and provided with access for
inspection purposes until approved.
Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions
of this code or of other ordinances of the jurisdiction.Inspections presuming to give authority to violate or
cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the
duty of the owner or the owner's authorized agent to cause the work to remain exposed and provided with
access for inspection purposes. The Building Official shall be permitted to require a boundary line survey
prepared by a qualified surveyor whenever the boundary lines cannot be readily determined in the field.
Neither the Building Official nor the jurisdiction shall be liable for expense entailed in the removal or
replacement of any material required to allow inspection.
110.1.1 Manufacturers and fabricators.When deemed necessary by the Building Official,he/she
shall make,or cause to be made,an inspection of materials or assemblies at the point of manufacture
or fabrication. A record shall be made of every such examination and inspection and of all
violations of the technical codes.
110.11 Inspection service. The Building Official may make, or cause to be made, the inspections
required by Section 110. He or she may accept reports of department inspectors, independent
inspectors or of recognized inspection services,provided that after investigation he/she is satisfied
as to their licensure, qualifications and reliability. A certificate required by any provision of this
code shall not be based on such reports unless the same are recorded by the building code inspector
or the architect or engineer performing building code inspections in a manner specified by the
Building Official. The Building Official shall ensure that all persons making such inspections shall
be certified in accordance to Chapter 468 Florida Statues; or licensed under Chapter 471 or 481
Florida Statutes.
The Building Official may require the owner to employ an inspection service in the following instances:
1. For buildings or additions of Type I construction;
2. For all major structural alterations;
3. Where the concrete design is based on compressive strength in excess of 3000 pounds per square
inch;
33
Page 363 of 428
Agenda Item #16.
4. For pile driving;
5. For buildings with an area greater than 20,000 square feet;
6. For buildings more than two stories in height; or
7. For buildings and structures of unusual design or methods of construction. Such inspectors shall be
present when work is underway on the structural elements of the building to adequately attest to its
compliance. Such inspectors shall be registered architect, or engineer. An employee of the architect or
engineer licensed under Chapter 468,Part XIT, Florida Statutes may perform the inspections,under the
direction of and with final certification from the architect or engineer. Such inspectors shall submit
weekly progress reports including the daily inspections to the building official, and including a code
compliance opinion of the resident inspector.
At the completion of the construction work or project,the architect or engineer shall submit a certificate
of compliance to the Building Official, stating that the work was done in compliance with this code and
in accordance with the permitted drawing. Final inspection shall be made by the Building Official before
a Certificate of Occupancy or Certificate of Completion is issued; and confirmation inspections may be
made at any time to monitor activities and resident inspectors.
110.13 Affidavit for inspection. With specific prior approval of, and in a format acceptable to the
Building Official, an affidavit for certification of inspection may be accepted from the permit qualifier;
when accompanied by extensive photographic evidence of sufficient detail to demonstrate code
compliance. The photographic evidence shall be comprehensive in the display of the installation and/or
construction and job location identifiers.The affidavit and accompanying photographs shall be provided
to the inspector onsite, at the next scheduled inspection. If the photographs are found to be insufficient
by the Building Official to demonstrate compliance with this code and/or the permitted document, or
clearly display location identifiers,or are missing,the inspector shall require the contractor to obtain the
services of a registered Florida professional engineer to inspect and certify the installation and/or
construction.
110.1.3.1 Exception: Affidavits may not be accepted for inspection of elements of construction
which require inspection by the Village of Tequesta under the requirements of Title 44, Code of
Federal Regulations,Parts 59 and 60, and the local flood damage prevention ordinance.
110.2 Preliminary inspection. Before issuing a permit, the Building Official is authorized to examine or
cause to be examined buildings, structures and sites for which an application has been filed.
1103 Required inspections. The Building Official upon notification from the permit holder or his or her
agent shall make the following inspections, or any other such inspection as deemed necessary and shall
either release that portion of the construction or shall notify the permit holder or his or her agent of any
violations which must be corrected in order to comply with the technical codes. The Building Official shall
determine the timing and sequencing of when inspections occur and what elements are inspected at each
inspection.
Building
1. Foundation inspection. To be made after trenches are excavated, any required reinforcing steel is
in place,forms erected and shall at a minimum include the following building components:
Stem-wall
Monolithic slab-on-grade
34
Page 364 of 428
Agenda Item #16.
Piling/pile caps
Footers/grade beams
1.1. Slab Inspection: Concrete slab and under-floor inspections shall be made after in-slab or
under-floor reinforcing steel and building service equipment, conduit, piping accessories and
other ancillary equipment items are in place,but before any concrete is placed or floor sheathing
installed, including the subfloor.
1.2A foundation/Form board survey prepared and certified by a registered surveyor may be
required, prior to approval of the slab inspection. The survey shall certify placement of the
building on the site,illustrate all surrounding setback dimensions and shall be available at the job
site for review by the building inspector. In lieu of providing a survey, the contractor may elect
to uncover all property line markers and string-up all property lines in preparation for inspection.
1.3. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to
further vertical construction,the elevation certification shall be submitted to the Authority having
Jurisdiction.
2. Framing inspection. To be made after the roof, all framing, fire blocking and bracing is in place,
all concealing wiring, all pipes, chimneys, ducts and vents are complete and the rough electrical,
plumbing, heating wires, pipes and ducts are approved and shall at a minimum include the
following building components:
Window/door framing
-Window U-factor/SHGC as indicated on approved energy calculations
Vertical cells/columns
Lintel/tie beams
Framing/trusses/bracing/connectors(including truss layout and engineered drawings)
Draft stopping/fire blocking
Curtain wall framing
Energy insulation(Insulation R-factor as indicated on approved energy calculations)
Accessibility.
Verify rough opening dimensions are within tolerances.
-Window/door buck attachment
2.1. Insulation Inspection: To be made after the framing inspection is approved and the insulation is
in place, according to approved energy calculation submittal Includes wall and ceiling
insulation.
35
Page 365 of 428
Agenda Item #16.
2.2.Lath and gypsum board inspection for fire-resistance-rated or shear assemblies.Lath and gypsum
board inspections shall be made after lathing and gypsum board,interior and exterior,is in place,
but before any plastering is applied or gypsum board joints and fasteners are taped and finished.
3. Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the
request of the contractor after all roof and wall sheathing and fasteners are complete and shall at
a minimum include the following building components:
Roof sheathing
Wall sheathing
-Continuous air barrier
-Exterior Siding/Cladding
Sheathing fasteners
-Roof/wall diy-in.
NOTE: Sheathing fasteners installed and found to be missing the structural member(shiners) shall
be removed and properly reinstalled prior to installation of the dry-in material. Exception: ring
shank nails shall be bent over and a new fastener installed.
4.Exterior wall coverings.Shall at a minimum include the following building components in progress
inspections:
• Exterior wall coverings and veneers
• Soffit coverings
5. Roofing inspection. Shall at a minimum be made in at least two inspections and include the
following building components:
Dry-in
Insulation
Roof coverings (including In Progress as necessary)
-Insulation on roof deck(according to submitted energy calculation)
Flashing
- Sheathing
5.1. Re-Roof sheathing inspection. An affidavit with a notarized signature of a state or locally
licensed roofing contractor for the installation of additional sheathing fasteners as required by the
Existing Building Code may be accepted at the discretion of the Building Official.
36
Page 366 of 428
Agenda Item #16.
6. Final inspection. To be made after the building, including all sub-trade inspections, is completed
and ready for occupancy.
6.1. In flood hazard areas, as part of the final inspection, a final certification of the lowest floor
elevation or the elevation to which a building is dry floodproofed, as applicable, shall be
submitted to the authority having jurisdiction.
7. Swimming pool inspection.First inspection to be made after excavation and installation of
reinforcing steel,bonding and main drain and prior to placing of concrete shell.
1. Steel reinforcement inspection
2. Underground electric inspection.
3. Underground piping inspection including a pressure test.
4. Underground electric inspection under deck area(including the equipotentialbonding)
5. Underground piping inspection under deckarea..
6. Deck inspection: to be made prior to installation of the deck material(with forms,deck
drains, and any reinforcement in place
7. Safety Inspection; Made prior to filling the pool with the bonding connections made,the
proper drain covers installed and the final barriers installed.
8. Final pool piping.
9. Final Electrical inspection.
10. Final inspection to be made when the swimming pool is complete and all required enclosure
requirements are in place.
In order to pass final inspection and receive a certificate of completion, a residential swimming pool
must meet the requirements relating to pool safety features as described in Section 454.2.17and
R4501.17 of this code.
8. Demolition inspections. First inspection to be made after all utility connections have been
disconnected and secured in such manner that no unsafe or unsanitary conditions shall exist
during or after demolition operations.
Final inspection to be made after all demolition work is completed.
9. Manufactured building inspections.The Department of Building Safety shall inspect construction
of foundations; connecting buildings to foundations; installation of parts identified on plans as
site installed items,j oining the modules,including utility crossovers;utility connections from the
building to utility lines on site; and any other work done on site which requires compliance with
the Florida Building Code. Additional inspections may be required for public educational
facilities (see Section 453.27.20 of this code).
10. Where impact resistant coverings or impact resistant systems are installed, the Building Official
shall schedule adequate inspections of impact resistant coverings or impact resistant systems to
determine the following:
The system indicated on the plans was installed.
The system is installed in accordance with the manufacturer's installation instructions and the
product approval.
37
Page 367 of 428
Agenda Item #16.
Electrical
1. Underground inspection. To be made after trenches or ditches are excavated, conduit or cable
installed, and before any backfill is put in place.
2. Rough-in inspection.To be made after the roof,framing, fireblocking and bracing is in place and
prior to the installation of wall or ceiling membranes.
3. Final inspection.To be made after the building electrical system is complete,all required electrical
fixtures are in place and properly connected or protected, and the structure is ready foroccupancy.
4. Existing Swimming Pools. To be made after all repairs or alterations are complete, all required
electrical equipment, GFCT protection, and equipotential bonding are in place on said alterations or
repairs.
Plumbing
1. Underground inspection.To be made after trenches or ditches are excavated,piping installed,and
before any backfill is put in place.
2. Rough-in inspection.To be made after the roof,framing, fireblocking and bracing is in place and
all soil,waste and vent piping is complete,and prior to this installation of wall or ceiling membranes.
-includes plumbing provisions of the energy code and approved energy calculations provisions.
3. Final inspection. To be made after the building plumbing system is complete, all plumbing
fixtures are in place and properly connected, and the structure is ready for occupancy.
Note: See Section 312 of the Florida Building Code,Plumbing for required tests.
Mechanical
1. Underground inspection. To be made after trenches or ditches are excavated, underground duct
and fuel piping installed, and before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, fire blocking and bracing are in place
and all ducting, and other concealed components are complete, and prior to the installation of
wall or ceiling membranes.
-includes mechanical provisions of the energy code and approved energy calculations provisions.
3. Final inspection. To be made after the building mechanical system is complete,the mechanical
system is in place and properly connected, and the structure is ready for occupancy.
38
Page 368 of 428
Agenda Item #16.
Gas
1. Rough piping inspection. To be made after all new piping authorized by the permit has been
installed, and before any such piping has been covered or concealed or any fixtures or gas
appliances have been connected.
-includes gas provisions of the energy code and approved energy calculations provisions.
2. Final piping inspection. To be made after all piping authorized by the permit has been installed
and after all portions which are to be concealed by plastering or otherwise have been so
concealed, and before any fixtures or gas appliances have been connected. This inspection shall
include a pressure test.
3. Final inspection. To be made on all new gas work authorized by the permit and such portions of
existing systems as may be affected by new work or any changes, to ensure compliance with all
the requirements of this code and to assure that the installation and construction of the gas system
is in accordance with reviewed plans.
Site Debris
1. The contractor and/or owner of any active or inactive construction project shall be responsible for the
clean-up and removal of all construction debris or any other miscellaneous discarded articles during
the course of the construction project and prior to receiving final inspection approval. Construction
job sites must be kept clean and in a safe condition at all times.
2.All debris shall be kept in such a manner as to prevent it from being spread by any means.
1103.1 Footing and foundation inspection. Footing and foundation inspections shall be made after
excavations for footings are complete and any required reinforcing steel is in place. For concrete
foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall
be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need
not be on the job.
1103.2 Concrete slab and under-floor inspection.
Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel
and building service equipment, conduit,piping accessories and other ancillary equipment items are in
place,but before any concrete is placed or floor sheathing installed, including the subfloor.
11033 Lowest floor elevation.In flood hazard areas,upon placement of the lowest floor,including the
basement,and prior to further vertical construction,the elevation certification required in Section 1612.4
of the Florida Building Code, Building and Section R322 of the Florida Building Code, Residential,
shall be submitted to the Building Official.
1103A Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all
framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are
complete and the rough electrical,plumbing,heating wires,pipes and ducts are approved.
11033 Lath,gypsum board and gypsum panel product inspection.Lath,gypsum board and gypsum
panel product inspections shall be made after lathing,gypsum board and gypsum panel products,interior
and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel
product joints and fasteners are taped and finished.
39
Page 369 of 428
Agenda Item #16.
Exception: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated
assembly or a shear assembly.
1103.6 Weather-exposed balcony and walking surface waterproofing. Where balcony or other
elevated walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the
structural framing is protected by an impervious moisture barrier, all elements of the impervious-
moisture-barrier system shall not be concealed until inspected and approved.
1103.7 Fire-and smoke-resistant penetrations.Protection of joints and penetrations in fire-resistance
rated assemblies, smoke barriers and smoke partition shall not be concealed from view until inspected
and approved.
1103.8 Energy efficiency inspections. Inspections shall be made to determine compliance with FBC,
Energy Conservation and confirm with the approved energy code submittal (by appropriate trade) and
corresponding mandatory requirements and shall include, but not be limited to, inspections for:
corresponding envelope insulation R- and U-values, fenestration U-value and Solar Heat Gain
Coefficient, duct system R-value, and HVAC, lighting, electrical and water-heating equipment
efficiency.
1103.9 Other inspections. In addition to the inspections specified in Sections 110.3 through 110.3.7,
the Building Official is authorized to make or require other inspections of any construction work to
ascertain compliance with the provisions of this code and other laws that are enforced by the department
of building safety.
1103.10 Special inspections.Reserved.
1103.11 Final inspection. The final inspection shall be made after all work required by the building
permit is completed.
1103.11.1 Flood hazard documentation. If located in a flood hazard area,coastal high hazard areas
or coastal A zones, documentation as required in Section 1612.5 of the Florida Building Code,
Building; or Section R322 of the Florida Building Code, Residential, shall be submitted to the
Building Official prior to the final inspection.
110.3.11.2 Commercial Energy Code documentation.If required by energy code path submittal,
confirmation that commissioning result requirements have been received by building owner.
110.3.11.3 Residential Energy Code documentation. If required by energy code path submittal
(Section R405), confirmation that the envelope and duct test requirements shall be received by Building
Official.
1103.12 Termites. Building components and building surroundings required to be protected from
termite damage in accordance with Section 1503.7, Section 2304.13 or Section 2304.11.6, specifically
required to be inspected for termites in accordance with Section 2114, or required to have chemical soil
treatment in accordance with Section 1816 shall not be covered or concealed until the release from the
Building Official has been received.
40
Page 370 of 428
Agenda Item #16.
1103.13 Impact resistant coverings or systems. Where impact resistant coverings or systems are
installed to meet requirements of this code,the Building Official shall schedule adequate inspections of
impact resistant coverings or systems to determine the following:
1. The system indicated on the plans was installed.
2. The system is installed in accordance with the manufacturer's installation instructions and the
product approval.
110A Inspection agencies. The Building Official is authorized to accept reports of approved inspection
agencies,provided such agencies satisfy the requirements as to qualifications and reliability.
110S Inspection requests.It shall be the duty of the holder of the building permit or their duly authorized
agent to notify the Building Official when work is ready for inspection. it shall be the duty of the permit
holder to provide access to and means for inspections of such work that are required by this code.
110.6 Approval required.Work shall not be done beyond the point indicated in each successive inspection
without first obtaining the approval of the Building Official.The Building Official,upon notification, shall
make the requested inspections and shall either indicate the portion of the construction that is satisfactory
as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this
code.Any portions that do not comply shall be corrected and such portion shall not be covered or concealed
until authorized by the Building Official.
110.7 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed
and inspected by a Florida licensed professional engineer,prior to any required mandatory inspections by
the threshold building inspector.
110.8 Threshold building.
110S.1 During new construction or during repair or restoration projects in which the structural system
or structural loading of a building is being modified,the enforcing agency shall require a special inspector
to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared
by the engineer or architect of record. The structural inspection plan must be submitted to the enforcing
agency prior to the issuance of a building permit for the construction of a threshold building. The purpose
of the structural inspection plans is to provide specific inspection procedures and schedules so that the
building can be adequately inspected for compliance with the permitted documents. The special inspector
may not serve as a surrogate in carrying out the responsibilities of the Building Official, the architect, or
the engineer of record. The contractor's contractual or statutory obligations are not relieved by any action
of the special inspector.
110.8.2 The special inspector shall determine that a professional engineer who specializes in shoring
design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans
submitted to the enforcing agency. A fee simple title owner of a building, which does not meet the
minimum size, height, occupancy, occupancy classification, or number-of-stories criteria which would
result in classification as a threshold building under Section 553.71(7), Florida Statutes, may designate
such building as a threshold building, subject to more than the minimum number of inspections required
by the Florida Building Code.
110.83 The fee owner of a threshold building shall select and pay all costs of employing a special
inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall
be a person certified, licensed or registered under Chapter 471,Florida Statutes,as an engineer or under
Chapter 481,Florida Statutes, as an architect.
41
Page 371 of 428
Agenda Item #16.
110.8.4 The Village of Tequesta shall require that, on every threshold building:
110.8.4.1 The special inspector, upon completion of the building and prior to the issuance of a
certificate of occupancy, file a signed and sealed statement with the enforcement agency in
substantially the following form: "To the best of my knowledge and belief, the above described
construction of all structural load-bearing components complies with the permitted documents, and
the shoring and reshoring conforms to the shoring and reshoring plans submitted to the enforcement
agency."
110.8.4.2 Any proposal to install an alternate structural product or system to which building codes
apply be submitted to the enforcement agency for review for compliance with the codes and made
part of the enforcement agency's recorded set of permit documents.
110.8.43 All shoring and reshoring procedures, plans and details be submitted to the enforcement
agency for recordkeeping.Each shoring and reshoring installation shall be supervised,inspected and
certified to be in compliance with the shoring documents by the contractor.
110.8.4.4 All plans for the building which are required to be signed and sealed by the architect or
engineer of record contain a statement that, to the best of the architect's or engineer's knowledge,
the plans and specifications comply with the applicable minimum building codes and the applicable
fire-safety standards as determined by the local authority in accordance with this Section and Chapter
633, Florida Statutes.
110.85 The Village of Tequesta shall not issue a building permit for construction of any threshold
building except to a licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes,
or to a licensed building contractor, as defined in Section 489.105(3)(b), Florida Statutes, within the
scope of her or his license. The named contractor to whom the building permit is issued shall have the
responsibility for supervision, direction, management and control of the construction activities on the
project for which the building permit was issued.
110.8.6 The Department of Building Safety may allow a special inspector to conduct the minimum
structural inspection of threshold buildings required by this code, Section 553.73, Florida Statutes,
without duplicative inspection by the Department of Building Safety. The Building Official is
responsible for ensuring that any person conducting inspections is qualified as a building inspector under
Part XII of Chapter 468, Florida Statutes, or certified as a special inspector under Chapter 471 or 481,
Florida Statutes. Inspections of threshold buildings required by Section 553.79(5),Florida Statutes, are
in addition to the minimum inspections required by this code.
110.9 Impact of construction. All construction activity regulated by this code shall be performed in a
manner so as not to adversely impact the condition of adjacent property, unless such activity is permitted
to affect said property pursuant to a consent granted by the applicable property owner, under terms or
conditions agreeable to the applicable property owner. This includes, but is not limited to, the control of
dust, noise, water or drainage runoffs, debris, and the storage of construction materials. New construction
activity shall not adversely impact legal historic surface water drainage flows serving adjacent properties.
and may require special drainage design complying with engineering standards to preserve the positive
drainage patterns of the affected sites. Accordingly, developers, contractors and owners of all new
residential development, including additions, pools, patios, driveways, decks or similar items, on existing
properties resulting in a significant decrease of permeable land area on any parcel or has altered the drainage
flow on the developed property shall,as a permit condition,provide a professionally prepared drainage plan
clearly indicating compliance with this paragraph. Upon completion of the improvement, a certification
42
Page 372 of 428
Agenda Item #16.
from a licensed professional, as appropriate under Florida law, shall be submitted to the inspector in order
to receive approval of the final inspection.
SECTION 111
CERTIFICATE OF OCCUPANCY
111.1 Use and occupancy.A building or structure shall not be used or occupied,and a change in the existing
use or occupancy classification of a building or structure or portion thereof shall not be made, until the
Building Official has issued a certificate of occupancy therefore as provided herein.Issuance of a certificate
of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other
ordinances of the jurisdiction.
Exception: Certificates of occupancy are not required for work exempt from permits under Section
105.2.
111.2 Certificate issued. After the Building Official inspects the building or structure and finds no
violations of the provisions of this code or other laws that are enforced by the department of building safety,
the Building Official shall issue a certificate of occupancy that contains the following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner or the owner's authorized agent.
4.A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for compliance with the
requirements of this code for the occupancy and division of occupancy and the use for which the
proposed occupancy is classified.
6. For buildings and structures in flood hazard areas, a statement that documentation of the as-built
lowest floor elevation has been provided and is retained in the records of the authority having
jurisdiction.
7. The name of the Building Official.
8. The edition of the code under which the permit was issued.
9. The use and occupancy,in accordance with the provisions of Chapter 3.
10. The type of construction as defined in Chapter 6.
11.The design occupant load.
12. If an automatic sprinkler system is provided,whether the sprinkler system is required.
13.Any special stipulations and conditions of the building permit.
43
Page 373 of 428
Agenda Item #16.
1113 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of
occupancy before the completion of the entire work covered by the permit, provided that such portion or
portions shall be occupied safely. The Building Official shall set a time period during which the temporary
certificate of occupancy is valid.
111A Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of
occupancy or completion issued under the provisions of this code wherever the certificate is issued in error,
or on the basis of incorrect information supplied, or where it is determined that the building or structure or
portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.
111S Certificate of Completion. A Certificate of Completion is proof that a structure or system is
complete and for certain types of permits is released for use and may be connected to a utility system. This
certificate does not grant authority to occupy a building, such as shell building, prior to the issuance of a
Certificate of Occupancy.
SECTION 112
SERVICE UTILITIES
112.1 Connection of service utilities. No person shall make connections from a utility, source of energy,
fuel or power to any building or system that is regulated by this code for which a permit is required, until
released by the Building Official.
112.2 Temporary connection. The Building Official shall have the authority to authorize the temporary
connection of the building or system to the utility source of energy,fuel or power.
1123 Authority to disconnect service utilities. The Building Official shall have the authority to authorize
disconnection of utility service to the building,structure or system regulated by this code and the referenced
codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an
immediate hazard to life or property or when such utility connection has been made without the approval
required by Section 112.1 or 112.2. The Building Official shall notify the serving utility, and wherever
possible the owner and occupant of the building, structure or service system of the decision to disconnect
prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building,
structure or service system shall be notified in writing, as soon as practical thereafter.
SECTION 113
BOARD OF APPEALS
RESERVED
SECTION 114
VIOLATIONS
114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter,
extend,repair,move,remove, demolish or occupy any building, structure or equipment regulated by this
code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
114.2 Notice of violation. The Building Official is authorized to serve a notice of violation or order on the
person responsible for the erection,construction,alteration,extension,repair,moving,removal,demolition
or occupancy of a building or structure in violation of the provisions of this code,or in violation of a permit
or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the
illegal action or condition and the abatement of the violation.
44
Page 374 of 428
Agenda Item #16.
1143 Prosecution of violation. if the notice of violation is not complied with promptly, the Building
Official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding
at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of
the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order
or direction made pursuant thereto.
114A Violation penalties.Any person who violates a provision of this code or fails to comply with any of
the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of
the approved construction documents or directive of the Building Official,or of a permit or certificate issued
under the provisions of this code, shall be subject to penalties as prescribed bylaw.
SECTION 115
STOP WORK ORDER
115.1 Authority. Whenever the Building Official finds any work regulated by this code being performed
in a manner either contrary to the provisions of this code or dangerous or unsafe, the Building Official is
authorized to issue a stop work order.
115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property
involved, the owner's authorized agent or the person performing the work. Upon issuance of a stop work
order, the cited work shall immediately cease. The stop work order shall state the reason for the order and
the conditions under which the cited work will be permitted to resume.
1153 Unlawful continuance. Any person who shall continue any work after having been served with a
stop work order, except such work as that person is directed to perform to remove a violation or unsafe
condition, shall be subject to penalties as prescribed by law.
SECTION 116
UNSAFE STRUCTURES AND EQUIPMENT
116.1 Unsafe buildings or systems. 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 ordered by the Building Official to be abated by the
owner, through repair and rehabilitation or by demolition in accordance with this Code. The extent or
repairs shall be determined by the Building Official.
116.1.1 When the Building Official determines a building, structure, electrical, gas, mechanical of
plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall provide the owner,
agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system a
written notice of violation stating the defects thereof. This notice shall require the owner within a stated
time either to complete specified repairs or improvements, or to demolish and remove the building,
structure,electrical,gas,mechanical or plumbing system or portion thereof. At the option of the Village
of Tequesta, the processes and procedures for code enforcement under Chapter 162, Florida Statutes,
or Article V, Sec. 14-121, and Appendix B of the Village of Tequesta Code of Ordinances may be
utilized to abate a violation under this section. If the statutory method of enforcement is invoked, the
Building Official shall act in the role of code inspector as authored in Section 114 of this code to initiate
enforcement proceedings, and notice shall be in accordance with the provisions of the Statute.
45
Page 375 of 428
Agenda Item #16.
116.1.2 if necessary, the notice shall also require the building, structure, electrical, gas, mechanical,
plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or
reconnected until the specified repairs and improvements are completed, inspected and approved by
the Building Official. The Building Official shall post at each entrance to the building a placard stating:
THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY
THE BUILDING OFFICIAL. This placard shall remain posted until the required repairs are made or
demolition is completed. It shall be unlawful for any person,firm or corporation or its officers,agents,
or other servants, to remove the posting without written permission of the Building Official, or for any
person to enter the building, or use the building or system(s) except for the purpose of making the
required repairs or of demolishing same.
116.13 In case the owner, agent, or person in control cannot be found within the stated time limit, or,
if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair,
rehabilitation or to demolish, and remove said building, structure, electrical, gas, mechanical or
plumbing system or portion thereof, the Building Official, acting as a code inspector, shall notify an
enforcement board and request a hearing. In the case of the violation posing a serious threat, and after
having ascertained the cost, the Building Official may take action to cause such building, structure,
electrical, gas,mechanical or plumbing system or portion thereof,to be demolished, secured,repaired,
or required to remain vacant or unused. Taking such action does not create a continuing obligation on
the part of the Building Official to continue with maintaining such building, structure or system, or
create liability for any damage to the property.
116.1.4 The decision of the Building Official shall be final in cases of emergency,which,in the opinion
of the Building Official, involve imminent danger to human life or health, or the property of others.
He/she shall promptly cause such building, structure, electrical, gas, mechanical or plumbing system
or portion thereof to be made safe or cause its removal. For this purpose,he/she may at once enter such
structure or land on which it stands, or abutting land or structures, which such assistance and at such
cost as he may deem necessary. He/she may order the vacating of adjacent structures and may require
the protection of the public by appropriate fence or such other means as may be necessary, and for this
purpose may close a public or private way.
116.2 Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or
deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which
constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve
illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe
structures shall be taken down and removed or made safe, as the Building Official deems necessary andas
provided for in this section.A vacant structure that is not secured against entry shall be deemed unsafe.
116.3 Record.The Building Official shall cause a report to be filed on an unsafe condition.The report shall
state the occupancy of the structure and the nature of the unsafe condition.
116.4 Notice.if an unsafe condition is found,the Building Official shall serve on the owner,agent or person
in control of the structure, a written notice that describes the condition deemed unsafe and specifies the
required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe
structure to be demolished within a stipulated time. Such notice shall require the person thus notified to
declare immediately to the Building Official acceptance or rejection of the terms of the order.
1165 Method of service. Such notice shall be deemed properly served if a copy thereof is (a) delivered to
the owner personally; (b) sent by certified or registered mail addressed to the owner at the last known
address with the return receipt requested; or(c) delivered in any other manner as prescribed by local law.
46
Page 376 of 428
Agenda Item #16.
if the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall
be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in
the foregoing manner upon the owner's agent or upon the person responsible for the structure shall
constitute service of notice upon the owner.
116.6 Restoration. Where the structure or equipment determined to be unsafe by the Building Official is
restored to a safe condition, to the extent that repairs, alterations or additions are made or a change of
occupancy occurs during the restoration of the structure, such repairs, alterations, additions and change of
occupancy shall comply with the requirements of Section 105.2.2 and the Florida Building Code, Existing
Building.
116.7 Enforcement proceedings; hearing. Violation proceedings and hearings for unsafe structures and
equipment will be conducted before the Village of Tequesta special magistrate in accordance with the
provisions set forth in Chapter 162, Florida Statutes. The owner of property that is subject to an
enforcement proceeding before the special magistrate or court is required to make disclosures as outlined
in Chapter 162, Florida Statutes, before a transfer of property, and failure to make the required disclosures
creates a presumption of fraud.
116.8 Administrative fines;costs to repair;liens. All costs associated with taking a case before the special
magistrate shall be recovered where the jurisdiction prevails. Whenever one of the orders of the special
magistrate has not been complied with by the time set for compliance,for each day thereafter during which
said violation continues past the date set for compliance,the special magistrate may impose a fine. All
costs incurred as a result of actions taken pursuant to Section 114 are charged to the violator.
116.9 Appeal. An aggrieved party,including the Village of Tequesta,may appeal a final administrative
order of an enforcement board or special magistrate to the circuit court. Such an appeal shall not be a
hearing de novo but shall be limited to appellate review of the record created before the enforcement
board. An appeal shall be filed within 30 days of the execution of the order to be appealed.
SECTION 117
VARIANCES IN FLOOD HAZARD AREAS
117.1 Flood hazard areas. Pursuant to Section 553.73(5), Florida Statutes, the variance procedures
adopted in the local floodplain management ordinance shall apply to requests submitted to the Building
Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as
applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply
to Section 3109 of the Florida Building Code,Building.
47
Page 377 of 428
Agenda Item #16.
ORDINANCE NO. 19-23
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 14. BUILDINGS AND BUILDING
REGULATIONS. ARTICLE II. BUILDINGS. SECTION 14-32 TO ADOPT
CHAPTER 1, ADMINISTRATION, OF THE FLORIDA BUILDING CODE.
AS AMENDED, IN ACCORDANCE WITH THE REQUIREMENTS OF
SEC. 553.73(4)(a) FLORIDA STATUTES; PROVIDING FINDINGS OF
FACT; PROVIDING FOR TRANSMISSION OF THIS ORDINANCE TO
THE FLORIDA BUILDING COMMISSION; PROVIDING DIRECTION TO
THE VILLAGE MANAGER TO ASSURE THAT THIS ORDINANCE IS
MADE AVAILABLE TO THE GENERAL PUBLIC IN A USABLE
FORMAT; PROVIDING THAT EACH AND EVERY OTHER SECTION
AND SUBSECTION OF CHAPTER 14. BUILDINGS AND BUILDING
REGULATIONS. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.
WHEREAS, The Florida Building Code, as adopted by the Florida Building
Commission and as amended from time to time, governs the design and construction of
buildings within the Village of Tequesta; and
WHEREAS, Chapter 1 of the Florida Building Code contains the administrative
(non-technical) provisions the Florida Building Code, which may be amended by local
governments pursuant to the requirements of Sec. 553.73(4)(a), Florida Statutes; and
WHEREAS, the Village of Tequesta Building Official has determined that the
local amendments to Chapter 1, Administration, of the Florida Building Code contained
herein are equal to, or more stringent than the administrative provisions of the Florida
Building Code adopted by the Florida Building Commission, and further recommended
the adoption of Chapter 1. Administration, of the Florida Building Code as amended
herein; and
WHEREAS, the Village Council desires to accept the recommendation of the
Village Building Official and adopt Chapter 1. Administration, of the Florida Building
Code as amended herein; and
1
Page 378 of 428
Agenda Item #16.
WHEREAS, the Village Manager is directed to transmit a copy of this ordinance
to the Florida Building Commission no later than 30 days after its final adoption, and
further to assure that this ordinance is made available to the general public in a usable
format immediately upon its final adoption; and
WHEREAS, the Village Council desires to adopt this ordinance, and has
determined that such adoption will best serve the public welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS:
Section 1: Chapter 14. Buildings and building regulations of the Code of
Ordinances of the Village of Tequesta is hereby amended at Article II. Buildings, Sec.
14-32, to adopt Chapter 1. Administration, of the Florida Building Code as amended;
providing that Chapter 78, Article II, Sec. 14-32 shall hereafter read as follows:
Sec. 14-32. — owed Chapter 1. Administration: local amendments.
PART 1—SCOPE AND APPLICATION
SECTION 101
GENERAL
101.1 Title. These regulations shall be known as the Florida Building Code, hereinafter referred to as
"this code."
101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation,
enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and
demolition of every building or structure or any appurtenances connected or attached to such buildings or
structures in the Village of Tequesta.
Exception:
1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not
more than three stories above grade plane in height with a separate means of egress and their
accessory structures not more than three stories above grade plane in height, shall comply with the
Florida Building Code,Residential.
2. Code Requirements that address snow loads and earthquake protection are pervasive; they are left
in place but shall not be utilized or enforced because Florida has no snow load or earthquake
threat.
101.2.1 Appendices.Provisions in the appendices to the Florida Building Code shall not apply unless
specifically adopted.
2
Page 379 of 428
Agenda Item #16.
101.2.2 Florida Building Code, Residential Construction standards or practices which are not covered
by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida
Building Code,Building.
101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public
health, safety and general welfare through structural strength, means of egress facilities, stability,
sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire
and other hazards attributed to the built environment and to provide safety to fire fighters and emergency
responders during emergency operations.
101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of
this code except as it relates to the purposes stated herein.
101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building, system
or plan by the Village of Tequesta, 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. The
Village of Tequesta shall not be liable in tort for damages or hazardous or illegal condition or
inadequacy in such building, system or plan, nor for any failure of any component of such, which may
occur subsequent to such inspection or permitting. Further, no employee shall be liable in tort for
damage from such conditions, in accordance with Section 768.28 Florida Statutes, as may be amended
or replaced.
101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.11 and referenced
elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of
each such reference.
101.4.1 Gas. The provisions of the Florida Building Code, Fuel Gas shall apply to the installation of
gas piping from the point of delivery, gas appliances and related accessories as covered in this code.
These requirements apply to gas piping systems extending from the point of delivery to the inlet
connections of appliances and the installation and operation of residential and commercial gas
appliances and related accessories.
101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the
installation, alterations, repairs and replacement of mechanical systems, including equipment,
appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-
conditioning and refrigeration systems, incinerators and other energy-related systems.
101.4.3 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the
installation, alteration, repair and replacement of plumbing systems, including equipment, appliances,
fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects
of a medical gas system.
101.4.4 Property maintenance. The provisions of the Village of Tequesta Code of Ordinances
Article V, Sec. 14-121, and Appendix B shall apply to all matters governing property maintenance.
101.4.5 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention
Code. The Florida Fire Prevention Code shall apply to matters affecting or relating to structures,
processes and premises from the hazard of fire and explosion arising from the storage, handling or use
of structures, materials or devices; from conditions hazardous to life, property or public welfare in the
occupancy of structures or premises; and from the construction, extension, repair, alteration or
3
Page 380 of 428
Agenda Item #16.
removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the
structure or on the premises from occupancy or operation.
101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation shall apply to all
matters governing the design and construction of buildings for energy efficiency.
101.4.7 Existing buildings. The provisions of the Florida Existing Building Code shall apply to
matters governing the repair, alteration, change of occupancy, addition to and relocation of existing
buildings.
101.4.8 Accessibility. For provisions related to accessibility, refer to the Florida Building Code,
Accessibility.
101.4.9 Manufactured buildings. For additional administrative and special code requirements, see
Section 458,Florida Building Code. Building, and Rule 61-41 Florida Administrative Code.
101.4.10 Electrical. The provisions of Chapter 27 of the Florida Building Code, Building Volume
shall apply to the installation of electrical systems, including alterations, repairs, replacement,
equipment, appliances, fixtures, fittings and appurtenances thereto.
101.4.11 Flood Damage Prevention. The provisions of the Village of Tequesta Code of Ordinances
Chapter 78. Article X1I shall be considered part of this code relative to flood control.
101.5 Building Official. Whenever, the Building Official is mentioned in this code, it is also intended
to mean the Building Official's designee,wherever applicable.
SECTION 102
APPLICABILITY
102.1 General. Where there is a conflict between a general requirement and a specific requirement, the
specific requirement shall be applicable. Where, in any specific case, different sections of this code
specify different materials, methods of construction or other requirements, the most restrictive shall
govern.
102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought
with respect to, zoning requirements, land use requirements and owner specifications or programmatic
requirements which do not pertain to and govern the design, construction, erection, alteration,
modification, repair or demolition of public or private buildings, structures or facilities or to
programmatic requirements that do not pertain to enforcement of the Florida Building Code.
Additionally, a local code enforcement agency may not administer or enforce the Florida Building
Code, Building to prevent the siting of any publicly owned facility, including, but not limited to,
correctional facilities, juvenile justice facilities, or state universities, community colleges, or public
education facilities, as provided by law.
102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection,
alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and
demolition of every public and private building, structure or facility or floating residential structure, or
any appurtenances connected or attached to such buildings, structures or facilities. Additions,
alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply
with the provisions provided in the Florida Building Code, Existing Building. The following buildings,
4
Page 381 of 428
Agenda Item #16.
structures and facilities, except for those located in a Special Flood Hazard Area are exempt from the
Florida Building Code as provided by law, and any further exemptions shall be as determined by the
legislature and provided by law:
(a)Building and structures specifically regulated and preempted by the federal government.
(b)Railroads and ancillary facilities associated with the railroad.
(c)Nonresidential farm buildings on farms.
(d)Temporary buildings or sheds used exclusively for construction purposes.
(e)Mobile or modular structures used as temporary offices, except that the provisions of Part 11
(Section 553.501-553.513, Florida Statutes) relating to accessibility by persons with disabilities
shall apply to such mobile or modular structures. Permits shall be required for structural support
and tie down, electric supply and all other such utility connections to such mobile or modular
structures as required by this jurisdiction.
(f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes,
which are directly involved in the generation, transmission, or distribution of electricity.
(g)Temporary sets, assemblies, or structures used in commercial motion picture or television
production, or any sound-recording equipment used in such production, on or off the premises.
(h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of
Florida. As used in this paragraph, the term "chickee" means an open-sided wooden but that has a
thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any
electrical,plumbing, or other non-wood features.
(i) Family mausoleums not exceeding 250 square feet (23 m2) in area which are prefabricated and
assembled on site or preassembled and delivered on site and have walls, roofs, and a floor
constructed of granite,marble, or reinforced concrete.
0) Temporary housing provided by the Department of Corrections to any prisoner in the state
correctional system.
(k) A building or structure having less than 1,000 square feet (93 m2) which is constructed and
owned by a natural person for hunting and which is repaired or reconstructed to the same
dimension and condition as existed on January 1, 2011, if the building or structure:
1. Is not rented or leased or used as a principal residence;
2. Is not located within the 100-year floodplain according to the Federal Emergency Management
Agency's current Flood Insurance Rate Map; and
3. Is not connected to an off-site electric power or water supply.
(1) Service providers of water, sewer, storm, gas, cable, telephone, or other similar utility systems
are exempt to the point of service connection for the building or structure.
5
Page 382 of 428
Agenda Item #16.
102.2.1 In addition to the requirements of Section 553.79 and 553.80, Florida Statutes, facilities
subject to the provisions of Chapter 395, Florida Statutes, and Part 11 of Chapter 400, Florida Statutes,
shall have facility plans reviewed and construction surveyed by the state agency authorized to do so
under the requirements of Chapter 395, Florida Statutes, and Part It of Chapter 400, Florida Statutes,
and the certification requirements of the federal government.
102.2.2 Residential buildings or structures moved into or within the Village of Tequesta shall not be
required to be brought into compliance with the state minimum building code in force at the time the
building or structure is moved,provided:
1. The building or structure is structurally sound and in occupiable condition for its intended use;
2. The occupancy use classification for the building or structure is not changed as a result of the
move;
3. The building is not substantially remodeled;
4. Current fire code requirements for ingress and egress are met;
5. Electrical, gas and plumbing systems meet the codes in force at the time of construction and are
operational and safe for reconnection; and
6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this
state, if required by the Florida Building Code, Building for all residential buildings or structures
of the same occupancy class.
7. The requirements of Florida Building Code, Existing Building Volume, are also satisfied.
102.2.3 The Building Official shall apply the same standard to a moved residential building or
structure as that applied to the remodeling of any comparable residential building or structure to
determine whether the moved structure is substantially remodeled. The cost of the foundation on
which the moved building or structure is placed shall not be included in the cost of remodeling for
purposes of determining whether a moved building or structure has been substantially remodeled.
102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture
and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect
state-owned buildings and boilers.
102.2.5 Each enforcement district or local enforcement agency shall be governed by a board, the
composition of which shall be determined by the affected localities.
1. The Village of Tequesta may adopt rules granting to the owner of a single-family residence one
or more exemptions from the Florida Building Code relating to:
a. Addition, alteration, or repairs performed by the property owner upon his or her own
property, provided any addition or alteration or repair shall not exceed 1,000 square feet (93
m2)or the square footage of the primary structure,whichever is less.
6
Page 383 of 428
Agenda Item #16.
b. Addition, alteration, or repairs by a non-owner within a specific cost limitation set by rule,
provided the total cost shall not exceed$5,000 within any 12-month period.
c. Building plans review and inspection fees.
2. However, the exemptions under subparagraph 1 do not apply to single-family residences that are
located in mapped flood hazard areas, as defined in the code, unless the enforcement district or
local enforcement agency 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.
3. Each code exemption, as defined in sub-subparagraphs 1 a, 1b, and 1 c shall be certified to the
local board 10 days prior to implementation and shall only be effective in the territorial
jurisdiction of the enforcement district or local enforcement agency implementing it.
4. However, each enforcement district or local enforcement agency may establish an alternative
permitting program for replacing nonstructural components of building systems in a residential
dwelling unit. A licensed contractor performing such work for the resident shall also be exempt
from individual permits and inspections if either the owner or the licensed contractor obtains a
valid Annual Permit per Section 105.1.1 of this code and all such work is reported as required in
Section 105.1.2 of this code for compliance evaluation. No added capacity, system expansion or
new building work of any type shall be excluded from individual permit and inspection by this
provision.
102.2.6 This section does not apply to swings and other playground equipment accessory to a one- or
two-family dwelling.
Exception: Electrical service to such playground equipment shall be in accordance with Chapter 27 of
this code.
102.3 Application of references. References to chapter or section numbers, or to provisions not
specifically identified by number, shall be construed to refer to such chapter, section or provision of this
code.
102.4 Referenced codes and standards. The codes and standards referenced in this code shall be
considered part of the requirements of this code to the prescribed extent of each such reference and as
further regulated in Sections 102.4.1 and 102.4.2.
102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and
standards,the provisions of this code shall apply.
102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a
referenced code or standard includes subject matter that is within the scope of this code or the Florida
Codes listed in Sectionl01.4, the provisions of this code or the Florida Codes listed in Section 101.4,
as applicable, shall take precedence over the provisions in the referenced code or standard.
102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void,
this shall not have the effect of making void or illegal any of the other parts or provisions.
7
Page 384 of 428
Agenda Item #16.
102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this
code shall be permitted to continue without change, except as is specifically covered in this code, the
Florida Building Code, Existing Building, the Florida Fire Prevention Code, and the provisions of the
Village of Tequesta Code of Ordinances Article V, Sec. 14-121, and Appendix B.
102.6.1 Buildings not previously occupied. A building or portion of a building that has not been
previously occupied or used for its intended purpose in accordance with the laws in existence at the
time of its completion shall comply with the provisions of the Florida Building Code or Florida
Residential Code, as applicable, for new construction or with any current permit for such occupancy.
102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of
adoption of this code shall be permitted to continue without change, except as otherwise specifically
provided in this code, the Florida Fire Prevention Code, the Village of Tequesta Code of Ordinances
Article V, Sec. 14-121, and Appendix B, or as is deemed necessary by the Building Official for the
general safety and welfare of the occupants and the public.
102.7 Relocation of manufactured buildings.
1. Relocation of an existing manufactured building does not constitute an alteration.
2. A relocated building shall comply with wind speed requirements of the new location, using the
appropriate wind speed map. If the existing building was manufactured in compliance with the
Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building
Code shall be applicable. if the existing building was manufactured in compliance with the Florida
Building Code (after March 1, 2002), the wind speed map of the Florida Building Code shall be
applicable.
3. A relocated building shall comply with the flood hazard area requirements of the new location, if
applicable.
102.8 Existing mechanical equipment. The Village of Tequesta may not require that existing
mechanical equipment located on or above the surface of a roof be installed in compliance with the
requirements of the Florida Building Code except during reroofing when the equipment is being replaced
or moved during reroofing and is not in compliance with the provisions of the Florida Building Code
relating to roof-mounted mechanical units.
PART 2—ADMINISTRATION AND ENFORCEMENT
SECTION 103
DEPARTMENT OF BUILDING SAFETY
103.1 Creation of enforcement agency. The Department of Building Safety is hereby created and the
official in charge thereof shall be known as the Building Official.
103.2 Appointment. The Building Official shall be appointed by the chief appointing authority of the
jurisdiction.
103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the
concurrence of the appointing authority, the Building Official shall have the authority to appoint a deputy
Building Official, the related technical officers, inspectors, plan examiners and other employees. Such
employees shall have powers as delegated by the Building Official.
8
Page 385 of 428
Agenda Item #16.
For the maintenance of existing properties, see the provisions of the Village of Tequesta Code of
Ordinances Article V, Sec. 14-121, and Appendix B shall apply to all matters governing property
maintenance.
103.4 Restrictions on employees. (Reserved).
SECTION 104
DUTIES AND POWERS OF THE BUILDING OFFICIAL
104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this
code. The Building Official shall have the authority to render interpretations of this code and to adopt
policies and procedures in order to clarify the application of its provisions. Such interpretations, policies
and procedures shall be in compliance with the intent and purpose of this code. Such policies and
procedures shall not have the effect of waiving requirements specifically provided for in this code.
104.2 Applications and permits. The Building Official shall receive applications, review construction
documents and issue permits for the erection, and alteration, demolition and moving of buildings,
structures, and service systems, inspect the premises for which such permits have been issued and enforce
compliance with the provisions of this code.
104.2.1 Determination of substantially improved or substantially damaged existing buildings and
structures in flood hazard areas.For applications for reconstruction,rehabilitation,repair, alteration,
addition or other improvement of existing buildings or structures located in flood hazard areas, the
Building Official shall determine if the proposed work constitutes substantial improvement or repair of
substantial damage. Where the Building Official determines that the proposed work constitutes
substantial improvement or repair of substantial damage, and where required by this code, the
Building Official shall require the building to meet the requirements of Florida Building Code Section
1612.
104.3 Notices and orders. The Building Official shall issue all necessary notices or orders to ensure
compliance with this code.
104.4 Inspections. The Building Official shall make all of the required inspections, or the Building
Official shall have the authority to accept reports of inspection by approved agencies or individuals.
Reports of such inspections shall be in writing and be certified by a responsible officer of such approved
agency or by the responsible individual. The Building Official is authorized to engage such expert opinion
as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the
appointing authority.
104.5 Identification. The Building Official shall carry proper identification when inspecting structures or
premises in the performance of duties under this code.
104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code,
or where the Building Official has reasonable cause to believe that there exists in a structure or upon a
premises a condition which is contrary to or in violation of this code which makes the structure or
premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or
premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if
such structure or premises be occupied that credentials be presented to the occupant and entry requested.
If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to
9
Page 386 of 428
Agenda Item #16.
locate the owner or other person having charge or control of the structure or premises and request entry. If
entry is refused,the Building Official shall have recourse to the remedies provided by law to secure entry.
104.7 Department records. The Building Official shall keep official records of applications received,
permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such
records shall be retained in the official records for the period required for retention of public records per
Chapter 119,Florida Statutes ("Public Records Law").
104.8 Liability. The Building Official, member of the board of appeals or employee charged with the
enforcement of this code, while acting for the jurisdiction in good faith and without malice in the
discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be
civilly or criminally rendered liable personally and is hereby relieved from personal liability for any
damage accruing to persons or property as a result of any act or by reason of an act or omission in the
discharge of official duties. Any suit instituted against an officer, employee, or board member because of
an act performed by that officer, employee, or board member in the lawful discharge of duties and under
the provisions of this code shall be defended by legal representative of the jurisdiction until the final
termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any
action, suit or proceeding that is instituted in pursuance of the provisions of this code.
104.8.1 Legal defense. Any suit or criminal complaint instituted against an officer, employee, or
board member because of an act performed by that officer, employee, or board member in the lawful
discharge of duties and under the provisions of this code shall be defended by legal representatives of
or provided by the Village of Tequesta until the final termination of the proceedings. The Building
Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted
in pursuance of the provisions of this code.
104.9 Approved materials and equipment. Materials, equipment and devices approved by the Building
Official shall be constructed and installed in accordance with such approval.
104.9.1 Used materials and equipment. The use of used materials which meet the requirements of
this code for new materials is permitted. Used equipment and devices shall not be reused unless
approved by the Building Official.
104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of
this code, the Building Official shall have the authority to grant modifications for individual cases, upon
application of the owner or owner's representative, provided the Building Official shall first find that
special individual reason makes the strict letter of this code impractical and the modification is in
compliance with the intent and purpose of this code and that such modification does not lessen health,
accessibility, life and fire safety, or structural requirements. The details of action granting modifications
shall be recorded and entered in the files of the department of building safety.
104.10.1 Flood hazard areas. The Building Official shall coordinate with the floodplain administrator
to review requests submitted to the Building Official that seek approval to modify the strict application
of the flood resistant construction requirements of the Florida Building Code to determine whether
such requests require the granting of a variance pursuant to Section 117 herein-below.
104.11 Alternative materials, design and methods of construction and equipment. The provisions of
this code are not intended to prevent the installation of any material or to prohibit any design or method of
construction not specifically prescribed by this code, provided that any such alternative has been
approved. An alternative material, design or method of construction shall be approved where the Building
Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this
10
Page 387 of 428
Agenda Item #16.
code, and that the material, method or work offered is, for the purpose intended, not less than the
equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and
safety. Where the alternative material, design or method of construction is not approved, the Building
Official shall respond in writing, stating the reasons why the alternative was not approved.
104.11.1 Research reports. Supporting data., where necessary to assist in the approval of materials or
assemblies not specifically provided for in this code, shall consist of valid research reports from
approved sources.
104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this
code, or evidence that a material or method does not conform to the requirements of this code, or in
order to substantiate claims for alternative materials or methods, the Building Official shall have the
authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test
methods shall be as specified in this code or by other recognized test standards. In the absence of
recognized and accepted test methods, the Building Official shall approve the testing procedures. Tests
shall be performed by an approved agency. Reports of such tests shall be retained by the Building
Official for the period required for retention of public records.
104.12 Requirements not covered by code. Any requirements necessary for 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 other technical
codes, shall be determined by the Building Official.
SECTION 105
PERMITS
105.1 Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair,
move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter,
repair,remove, convert or replace any impact-resistant coverings, electrical, gas,mechanical or plumbing,
fire protection system, or accessible or flood resistant site element, the installation of which is regulated
by this code, or to cause any such work to be done, shall first make application to the Building Official
and obtain the required permit.
105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing
electrical, gas, mechanical or plumbing or interior nonstructural office system(s), the Building Official
is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service,
repair, refurbishing, minor renovations of service systems or manufacturing equipment
installations/relocations. The Building Official shall be notified of major changes and shall retain the
right to make inspections at the facility site as deemed necessary. An annual facility permit shall be
assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit
shall be obtained for each facility and for each construction trade, as applicable. The permit
application shall contain a general description of the parameters of work intended to be performed
during the year.
105.1.2 Annual Facility permit records. The person to whom an annual permit is issued shall keep a
detailed record of alterations made under such annual permit. The Building Official shall have access
to such records at all times or such records shall be filed with the Building Official as designated. The
Building Official is authorized to revoke such permit if code violations are found to exist.
11
Page 388 of 428
Agenda Item #16.
105.1.3 Food permit. In accordance with 500.12, Florida Statutes, a food permit from the
Department of Agriculture and Consumer Services is required of any person who operates a food
establishment or retail store.
105.1.4 Public swimming pool. The Village of Tequesta may not issue a building permit to construct,
develop, or modify a public swimming pool without proof of application, whether complete or
incomplete, for an operating permit pursuant to Section 514.031, Florida Statutes. A certificate of
completion or occupancy may not be issued until such operating permit is issued. The Village of
Tequesta shall conduct their review of the building permit application upon filing and in accordance
with Chapter 553, Florida Statutes. The Village of Tequesta may confer with the Department of
Health, if necessary, but may not delay the building permit application review while awaiting
comment from the Department of Health.
105.2 Work exempt from permit. 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 any other laws or ordinances of the Village of Tequesta, to include work in any special flood
hazard area. Exemptions granted under this section do not relieve the owner or contractor from their duty
to comply with applicable provisions of the Florida Building Code, and requirements of the local
floodplain management ordinance. As determined by the Building Official, permits shall not be required
for the following:
Building:
1. Building permits are not required for replacement or repair work having a value of less than
$1,000.00, providing, however, that such work will not adversely affect the structural integrity, fire
rating, exit access or egress requirements.
2. Cabinets and countertops with no reconfiguration for 1&2 Family Dwellings, painting, papering,
carpeting, and similar finish work,with no electrical or plumbing work.
3. Temporary motion picture, television and theater sets and scenery.
4. Traditional swings and other standard playground equipment accessory to detached one and two-
family dwellings, as determined by the Building Official,but they may be subject to Zoning permits.
5. Retractable awnings supported by an exterior wall and do not require additional support of Groups R-
3 and U occupancies, but they may be subject to Zoning permits.
6. Non-fixed and movable fixtures, cases, racks, and counters not over 5 feet 9 inches (1753 min) in
height.
Electrical:
Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection
of approved portable electrical equipment to approved permanently installed receptacles.
Radio and television transmitting stations: The provisions of this code shall not apply to electrical
equipment used for radio and television transmissions, but do apply to equipment and wiring for a
power supply and the installations of towers and antennas.
Temporary testing systems: A permit shall not be required for the installation of any temporary
system required for the testing or servicing of electrical equipment or apparatus.
12
Page 389 of 428
Agenda Item #16.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment
unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam,hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated
by motors of 1 horsepower(746 W) or less.
8. The installation, replacement, removal or metering of any electrical load management control
device where installed by a utility service provider.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any
concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes
necessary to remove and replace the same with new material, such work shall be considered as new
work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and
reinstallation of water closets, provided such repairs do not involve or require the replacement or
rearrangement of valves,pipes or fixtures.
3. The replacement of common household plumbing fixtures to existing supply lines and sanitary
connections in 1&2 Family Dwellings. This does not include water heaters,bathtubs and showers.
105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an
emergency situation, the permit application shall be submitted within the next working business day to
the Building Official. Notification shall be given to the Building Official, including the work address,
nature of emergency, and scope of work immediately, or by the next business day.
105.2.2. Minor repairs. Ordinary minor repairs may be made with the approval of the Building
Official without a permit,provided the repairs shall not include the cutting away of any wall,partition
or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the
removal or change of any required means of egress, or rearrangement of parts of a structure affecting
13
Page 390 of 428
Agenda Item #16.
the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or
relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or
similar piping, electric wiring systems or mechanical equipment or other work affecting public health
or general safety, and such repairs shall not violate any of the provisions of the technical codes.
105.2.3 Public service agencies.A permit shall not be required for the installation, alteration or repair
of generation, transmission, distribution or metering or other related equipment that is under the
ownership and control of public service agencies by established right.
105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in
writing on a form furnished by the Department of Building Safety for that purpose.
Permit application forms shall be in the format prescribed by a local administrative board, if applicable,
and must comply with the requirements of Section 713.135(5) and(6),Florida Statutes.
Each application shall be inscribed with the date of application, and the code in effect as of that date. For
a building permit for which an application is submitted prior to the effective date of the Florida Building
Code, the state minimum building code in effect in the permitting jurisdiction on the date of the
application governs the permitted work for the life of the permit and any extension granted to the permit.
Effective October 1, 2017, a local enforcement agency shall post each type of building permit application
on its website. Completed applications must be able to be submitted electronically to the appropriate
Department of Building Safety. Accepted methods of electronic submission include, but are not limited
to, e-mail submission of applications in portable document format or submission of applications through
an electronic fill-in form available on the Department of Building Safety's website or through a third-
party submission management software. Payments, attachments, or drawings required as part of the
permit application may be submitted in person in a non-electronic format, at the discretion of the Building
Official.
105.3.1 Action on application. The Building Official shall examine or cause to be examined
applications for permits and amendments thereto within a reasonable time after filing. If the
application or the construction documents do not conform to the requirements of pertinent laws, the
Building Official shall reject such application in writing, stating the reasons therefore. If the Building
Official is satisfied that the proposed work conforms to the requirements of this code and laws and
ordinances applicable thereto, the Building Official shall issue a permit therefore as soon as
practicable. When authorized through contractual agreement with a school board, in acting on
applications for permits, the Building Official shall give first priority to any applications for the
construction of, or addition or renovation to, any school or educational facility.
105.3.1.1If a state university, Florida college or public school district elects to use a local
government's code enforcement offices, fees charged by counties and municipalities for enforcement
of the Florida Building Code on buildings, structures, and facilities of state universities, state colleges,
and public school districts shall not be more than the actual labor and administrative costs incurred for
plans review and inspections to ensure compliance with the code.
105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification,
repair, or addition unless the applicant for such permit provides to the enforcing agency which issues
the permit any of the following documents which apply to the construction for which the permit is to
14
Page 391 of 428
Agenda Item #16.
be issued and which shall be prepared by or under the direction of an engineer registered under
Chapter 471, Florida Statutes:
1. Plumbing documents for any new building or addition which requires a plumbing system with
more than 250 fixture units or which costs more than$125,000.
2. Fire sprinkler documents for any new building or addition, which includes a fire sprinkler
system, which contains 50 or more sprinkler heads. Personnel as authorized by chapter 633
Florida Statutes, may design a new fire protection system of 49 or fewer sprinklers; and may
design the alteration of an existing fire sprinkler system if the alteration consists of the relocation,
addition or deletion of 49 or fewer sprinklers, notwithstanding the size of the existing fire
sprinkler system.
3. Heating, ventilation, and air-conditioning documents for any new building or addition, which
requires more than a 15-ton-per-system capacity which is designed to accommodate 100 or more
persons or for which the system costs more than $125,000. This paragraph does not include any
document for the replacement or repair of an existing system in which the work does not require
altering a structural part of the building or for work on a residential one, two, three or four-family
structure.
An air-conditioning system may be designed by an installing air-conditioning contractor certified
under Chapter 489, Florida Statutes, to serve any building or addition which is designed to
accommodate fewer than 100 persons and requires an air-conditioning system with a value of
$125,000 or less; and when a 15-ton-per system or less is designed for a singular space of a
building and each 15-ton system or less has an independent duct system. Systems not complying
with the above require design documents that are to be sealed by a professional engineer.
Example l: When a space has two 10-ton systems with each having an independent duct
system, the contractor may design these two systems since each unit (system) is less than 15
tons.
Example 2: Consider a small single-story office building which consists of six individual
offices where each office has a single three-ton package air conditioning heat pump. The six
heat pumps are connected to a single water cooling tower. The cost of the entire heating,
ventilation and air-conditioning work is $47,000 and the office building accommodates fewer
than 100 persons. Because the six mechanical units are connected to a common water tower this
is considered to be an 18-ton system.
NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and
$125,000 apply to the building occupancy load and the cost for the total air-conditioning system
of the building.
4. Any specialized mechanical, electrical, or plumbing document for any new building or addition
which includes a medical gas, oxygen, steam, vacuum, toxic air filtration,halon, or fire detection
and alarm system which costs more than$5,000.
5. Electrical documents. See Florida Statutes 471.003(2)(h). Any electrical or plumbing or air
conditioning and refrigeration system meeting the following thresholds are required to be
designed by a Florida Registered Engineer. Any system which:
15
Page 392 of 428
Agenda Item #16.
1. Requires an electrical or plumbing or air-conditioning and refrigeration system with a
value greater than$125,000; and
2. a. Requires an aggregate service capacity of greater than 600 amperes (240 volts) on a
residential electrical system or greater than 800 amperes (240 volts) on a commercial or
industrial electrical system;
b. Requires a plumbing system with more than 250 fixture units; or
c. Requires a heating, ventilation, and air-conditioning system which exceeds a 15-ton-per-
system capacity, or if the project is designed to accommodate more than 100 persons.
Documents requiring an engineer seal by this part shall not be valid unless a professional
engineer who possess a valid certificate of registration has signed, dated, and stamped
such document as provided in Section 471.025,Florida Statutes.
6. All public swimming pools and public bathing places defined by and regulated under Chapter
514,Florida Statutes.
105.3.2 Time limitation of application. An application for a permit for any proposed work shall be
deemed to have been abandoned becoming null and void 180 days after the date of filing, or for any
180 day period of abandonment or suspension during the application process, unless such application
has been pursued in good faith or a permit has been issued; except that the Building Official is
authorized to grant one or more extensions of time for additional periods not exceeding 90 days each.
The extension shall be requested in writing prior to the abandonment date, with justifiable cause
demonstrated. Abandoned applications shall be subject to destruction in accordance with state law.
The fee for renewal,re-issuance, and extension of a permit application shall be set forth by the Village
of Tequesta Village Council. There may be fees or requirements from other government agencies for
permit application extensions and renewals.
105.3.3 An enforcing authority may not issue a building permit for any building construction, erection,
alteration,modification, repair or addition unless the permit either includes on its face or there is
attached to the permit the following statement: "NOTICE: In addition to the requirements of this
permit, there may be additional restrictions applicable to this property that may be found in the public
records of this county, such as the requirement for Home or Property Owners Association approval,
and there may be additional permits required from other governmental entities such as water
management districts, state agencies, or federal agencies."
105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working
days of application therefore unless unusual circumstances require a longer time for processing the
application or unless the permit application fails to satisfy the Florida Building Code or the enforcing
agency's laws or ordinances.
105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440,
Florida Statutes, Workers' Compensation, every employer shall, as a condition to receiving a building
permit, show proof that it has secured compensation for its employees as provided in Section 440.10
and 440.38,Florida Statutes.
105.3.6 Asbestos removal contractor exemption. Refer to Section 105.9 herein-below for additional
requirements. A licensed asbestos removal contractor is not required when moving, removal or
disposal of asbestos-containing materials on a residential building where the owner occupies the
building, the building is not for sale or lease, and the work is performed according to the owner-
builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an
16
Page 393 of 428
Agenda Item #16.
owner must personally appear and sign the building permit application. The permitting agency shall
provide the person with a disclosure statement in substantially the following form:
Disclosure Statement: State law requires asbestos abatement to be done by licensed
contractors. You have applied for a permit under an exemption to that law. The exemption
allows you, as the owner of your property, to act as your own asbestos abatement contractor
even though you do not have a license. You must supervise the construction yourself. You may
move, remove or dispose of asbestos-containing materials on a residential building where you
occupy the building and the building is not for sale or lease, or the building is a farm
outbuilding on your property. If you sell or lease such building within 1 year after the asbestos
abatement is complete, the law will presume that you intended to sell or lease the property at the
time the work was done, which is a violation of this exemption. You may not hire an unlicensed
person as your contractor. Your work must be done according to all local, state and federal laws
and regulations, which apply to asbestos abatement projects. It is your responsibility to make
sure that people employed by you have licenses required by state law and by county or
municipal licensing ordinances.
105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be permitted to
complete all buildings designed and approved prior to the effective date of a new code edition,
provided a clear signed contract is in place. The contract shall provide specific data mirroring that
required by an application for permit, specifically, without limitation, date of execution, building
owner or dealer, and anticipated date of completion. However, the construction activity must
commence within 6 months of the contract's execution. The contract is subject to verification by the
Department of Business and Professional Regulation.
105.3.8 Contract. The Village of Tequesta shall not require a contract between a builder and an owner
for the issuance of a building permit or as a requirement for the submission of a building permit
application.
105.3.9 Public right of way. A permit shall not be given by the Building Official for the construction
of any building, or for the alteration of any building where said building is to be changed and such
change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on
any street, alley or public lane, or for the placing on any lot or premises of any building or structure
removed from another lot or premises,unless the applicant has received a right of way permit from the
authority having jurisdiction over the street, alley or public lane.
105.4 Conditions of the permit. The issuance or granting of a permit shall not be construed to be a
permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance
of any other federal, state and local laws, ordinances, codes and regulations. Pen-nits presuming to give
authority to violate or cancel the provisions of this code or other ordinances of any other federal, state and
local laws, ordinances, codes and regulations shall not be valid. The issuance of a permit based on
construction documents and other data shall not prevent the Building Official from requiring the
correction of errors in the construction documents and other data. The Building Official is also authorized
to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of
this jurisdiction or of any other federal, state and local laws, ordinances, codes and regulations.
105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work
and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes,
nor shall issuance of a permit prevent the Building Official from thereafter requiring a correction of
17
Page 394 of 428
Agenda Item #16.
errors in plans, construction or violations of this code. Every permit issued shall become invalid
unless the work authorized by such permit is commenced within six months after its issuance, or if the
work authorized by such permit is suspended or abandoned for a period of six months after the time
the work is commenced.
105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires
because of lack of progress or abandonment, a new permit covering the proposed construction shall
be obtained before proceeding with the work.
105.4.1.2 If a new permit, or revalidation (renewal) of the original permit, is not obtained within
180 days from the date the initial permit became null and void, the Building Official is authorized
to require that any work which has been commenced or completed be removed from the building
site. Alternately, a new permit may be issued on application, providing the work in place and
required to complete the structure meets all applicable regulations in effect at the time the initial
permit became null and void and any regulations which may have become effective between the
date of expiration and the date of issuance of the new permit.
105.4.1.3 Work shall be considered to be in active progress when the permit has received an
approved inspection within 180 days. This provision shall not be applicable in case of civil
commotion or strike or when the building work is halted due directly to judicial injunction, order or
similar process, or due to action by an environmental or archeological agency having jurisdiction.
The Building Official is authorized to grant, in writing, one or more extensions of time, for periods
not more than 3 months each. The extension shall be requested in writing and justifiable cause
demonstrated,prior to expiration.
105.4.1.4 The fee for renewal, reissuance and extension of a permit shall be set forth by the
administrative authority. There may be fees or requirements from other government agencies for
permit extensions and renewals.
105.4.1.5 Any building pen-nit work that has not received a certificate of occupancy or certificate
of completion within two years from the date of original issuance shall be considered expired. If a
new building permit is not obtained in accordance with section 105.4.1.2 herein, within 30 days of
the expiration of the expired building permit, the construction shall be subject to unsafe structure
abatement proceedings.
105.4.2 Additional options for closing a permit. Pursuant to Section 553.79(15), Florida Statutes, a
property owner, regardless of whether the property owner is the one listed on the application for the
building permit, may close a building permit by complying with the following requirements:
1. The property owner may retain the original contractor listed on the permit or hire a different
contractor appropriately licensed in this state to perform the work necessary to satisfy the
conditions of the permit and to obtain any necessary inspection in order to close the permit. If
a contractor other than the original contractor listed on the permit is hired by the property
owner to close the permit, such contractor is not liable for any defects in the work performed
by the original contractor and is only liable for the work that he or she performs.
2. The property owner may assume the role of an owner-builder, in accordance with Sections
489.103(7)and 489.503(6), Florida Statutes.
3. If a building permit is expired and its requirements have been substantially completed as
determined by the local enforcement agency, the permit may be closed without having to
18
Page 395 of 428
Agenda Item #16.
obtain a new building permit, and the work required to close the permit may be done pursuant
to the building code in effect at the time the Village of Tequesta received the application for the
permit,unless the contractor has sought and received approval from the Village of Tequesta for
an alternative material, design or method of construction.
4. The Village of Tequesta may close a building permit 6 years after the issuance of the permit,
even in the absence of a final inspection, if the Village of Tequesta determines that no apparent
safety hazard exists.
For purposes of this section, the term "close" means that the requirements of the permit have been
satisfied.
105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by
such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such
permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The
Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more
than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated as
determined by the Building Official.
105.6 Denial or revocation. Whenever a permit required under this section is denied or revoked because
the plan, or the construction, erection, alteration, modification, repair, or demolition of a building, is
found by the Village of Tequesta to be not in compliance with the Florida Building Code, the Village of
Tequesta shall identify the specific plan or project features that do not comply with the applicable codes,
identify the specific code chapters and sections upon which the finding is based, and provide this
information to the permit applicant. If the local building code administrator or inspector finds that the
plans are not in compliance with the Florida Building Code, the local building code administrator or
inspector shall identify the specific plan features that do not comply with the applicable codes, identify
the specific code chapters and sections upon which the finding is based, and provide this information to
the Village of Tequesta. The Village of Tequesta shall provide this information to the permit applicant.
Pursuant to Section 553.79(16), Florida Statutes, the Village of Tequesta may not deny issuance of a
building permit to; issue a notice of violation to; or fine,penalize sanction or assess fees against an arm's-
length purchaser of a property for value solely because a building permit applied for by a previous owner
of the property was not closed. The Village of Tequesta shall maintain all rights and remedies against the
property owner and contractor listed on the permit.
Pursuant to Section 553.79(16), Florida Statutes, the Village of Tequesta may not deny issuance of a
building permit to a contractor solely because the contractor is listed on other building permits that were
not closed.
105.6.1 Misrepresentation of application. The Building Official may revoke a pen-nit or approval,
issued under the provisions of this code, when there has been any false statement or misrepresentation
as to the material fact in the application or plans on which the permit or approval was based.
105.6.2 Violation of code provisions. The Building Official may require correction or revoke the
permit upon determination by the Building Official that the construction, erection, alteration, repair,
moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical
or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the
provisions of this code or the Village of Tequesta Code of Ordinances.
105.7 Placement of permit. The building permit or a copy shall be kept on the site of the work until the
completion of the project.
19
Page 396 of 428
Agenda Item #16.
105.8 Notice of commencement.In accordance with Section 713.135, Florida Statutes, when any person
applies for a building permit, the authority issuing such permit shall print on the face of each permit card
in no less than 14-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE TO
RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR
IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE
RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY
BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT."
105.9 Asbestos. The Village of Tequesta shall require each building permit for the demolition or
renovation of an existing structure to contain an asbestos notification statement which indicates the
owner's or operator's responsibility to comply with the provisions of Section 469.003, Florida Statutes,
and to notify the Department of Environmental Protection of his or her intentions to remove asbestos,
when applicable, in accordance with state and federal law. Refer to Section 105.3.6 "Asbestos Removal
Contractor Exemption"of this code for additional requirements.
105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site
posting board shall be provided to receive duplicate treatment certificates as each required protective
treatment is completed, providing a copy for the person the permit is issued to and another copy for the
building permit files. The treatment certificate shall provide the product used, identity of the applicator,
time and date of the treatment, site location, area treated, chemical used, percent concentration and
number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier
method for termite prevention is used, final exterior treatment shall be completed prior to final building
approval. For a bait system, see Section 1816.1.7 of the Florida Building Code for contract document
requirements.
105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider
and need for reinspection and treatment contract renewal shall be provided. The sign shall be posted near
the water heater or electric panel.
105.12 Work starting before permit issuance. Upon written request and approval of the Building
Official, the scope of work delineated in the building permit application and plan may be started prior to
the final approval and issuance of the permit, provided any work completed is entirely at risk of the
permit applicant and the work does not proceed past the first required inspection.
105.13 Phased permit approval. After submittal of the appropriate construction documents, the
Building Official is authorized to issue a permit for the construction of foundations or any other part of a
building or structure before the construction documents for the whole building or structure have been
submitted. The holder of such permit for the foundation or other parts of a building or structure shall
proceed at the holder's own risk with the building operation and without assurance that a permit for the
entire structure will be granted. Corrections may be required to meet the requirements of the technical
codes.
105.14 Permit issued on basis of an affidavit. The Building Official may accept a sworn affidavit from
a registered architect or engineer stating that the plans submitted conform to the technical codes. For
buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of
construction and general arrangement and, if accompanied by drawings, show the structural design and
that the plans and design conform to the requirements of the technical codes as to strength, stresses,
strains, loads and stability. Whenever a permit is issued in reliance upon an affidavit or whenever the
20
Page 397 of 428
Agenda Item #16.
work to be covered by a permit involves installation under conditions, which, in the opinion of the
Building Official, are hazardous or complex, the Building Official shall require that the architect or
engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. In
addition, they shall be responsible for conformity to the permit, provide copies of inspection reports as
inspections are performed, and upon completion make and file with the Building Official written affidavit
that the work has been done in conformity to the reviewed plans and with the structural provisions of the
technical codes. In the event such architect or engineer is not available, the owner shall employ in his
stead a competent person or agency whose qualifications are reviewed by the Building Official. The
Building Official shall ensure that any person conducting plans review is qualified as a plans examiner
under Part XII of Chapter 468,Florida Statutes, and that any person conducting inspections is qualified as
a building inspector under Part III of Chapter 468, Florida Statutes. Nothing aforesaid shall preclude plan
review or inspections by the Building Official(See also Section 107.6).
Exception: Permits issued on basis of an affidavit shall not extend to the flood load and flood
resistance requirements of the Florida Building Code and the Building Official shall review and
inspect those requirements.
105.15 Opening protection. When any activity requiring a building permit that is applied for on or after
July 1, 2008, and for which the estimated cost is $50,000 or more for a site built single-family detached
residential structure that is located in the wind borne debris region as defined in this Code and that has an
insured value of $750,000 or more, or, if the site built single-family detached residential structure is
uninsured or for which documentation of insured value is not presented, has a just valuation for the
structure for purposes of ad valorem taxation of$750,000 or more; opening protections as required within
this Code or Florida Building Code, Residential for new construction shall be provided.
Exception: Where defined wind-borne debris regions have not changed, single family detached
residential structures permitted subject to the Florida Building Code are not required to comply with
this section.
105.16 Inspection of existing residential building not impacted by construction.
(a) A Village of Tequesta, and any local building code administrator, inspector, or other official or
entity, may not require as a condition of issuance of a one- or two-family residential building permit
the inspection of any portion of a building, structure, or real property that is not directly impacted by
the construction, erection, alteration, modification, repair, or demolition of the building, structure, or
real property for which the penult is sought.
(b)This subsection does not apply to a building permit sought for:
1. A substantial improvement as defined in Section 161.54, Florida Statutes or as defined in the
Florida Building Code.
2. A change of occupancy as defined in the Florida Building Code.
3. A conversion from residential to nonresidential or mixed use pursuant to Section553.507(2)(a),
Florida Statutes or as defined in the Florida Building Code.
4. A historic building as defined in the Florida Building Code.
(c) This subsection does not prohibit a Village of Tequesta, or any local building code administrator,
inspector, or other official or entity, from:
21
Page 398 of 428
Agenda Item #16.
1. Citing any violation inadvertently observed in plain view during the ordinary course of an
inspection conducted in accordance with the prohibition in paragraph(a).
2. Inspecting a physically nonadjacent portion of a building, structure, or real property that is
directly impacted by the construction, erection, alteration, modification, repair, or demolition of
the building, structure, or real property for which the permit is sought in accordance with the
prohibition in paragraph(a).
3. Inspecting any portion of a building, structure, or real property for which the owner or other
person having control of the building, structure, or real property has voluntarily consented to
the inspection of that portion of the building, structure, or real property in accordance with the
prohibition in paragraph(a).
4. Inspecting any portion of a building, structure, or real property pursuant to an inspection
warrant issued in accordance with Sections 933.20-933.30,Florida Statutes.
105.17 Streamlined low-voltage alarm system installation permitting.
(1)As used in this section,the term:
(a) "Contractor" means a person who is qualified to engage in the business of electrical or alarm
system contracting pursuant to a certificate or registration issued by the department under part 11 of
chapter 489,Florida Statutes.
(b) "Low-voltage alarm system project" means a project related to the installation, maintenance,
inspection, replacement, or service of a new or existing alarm system, as defined in Section
489.505, Florida Statutes, including video cameras and closed-circuit television systems used to
signal or detect a burglary, fire, robbery, or medical emergency, that is hardwired and operating at
low voltage, as defined in the National Electrical Code Standard 70, current edition, or a new or
existing low-voltage electric fence. The term also includes ancillary components or equipment
attached to a low-voltage alarm system, or low-voltage electric fence, including, but not limited to,
home-automation equipment, thermostats, closed-circuit television systems, access controls,
battery recharging devices, and video cameras.
(c) "Low-voltage electric fence"means an alarm system, as defined in s. 489.505, that consists of a
fence structure and an energizer powered by a commercial storage battery not exceeding 12 volts
which produces an electric charge upon contact with the fence structure.
(d)"Wireless alarm system"means a burglar alarm system or smoke detector that is not hardwired
(2) Notwithstanding any provision of this Code, this section applies to all low-voltage alarm system
projects for which a permit is required by a local enforcement agency. However, a permit is not
required to install, maintain, inspect, replace, or service a wireless alarm system, including any
ancillary components or equipment attached to the system.
1. A low-voltage electric fence must meet all of the following requirements to be permitted as a
low-voltage alarm system project and no further permit shall be required for the low-voltage
alarm system project other than as provided in this section:
(a) The electric charge produced by the fence upon contact must not exceed energizer
characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International
Electrotechnical Commission Standard No. 60335-2-76, Current Edition.
22
Page 399 of 428
Agenda Item #16.
(b) A nonelectric fence or wall must completely enclose the low-voltage electric fence. The
low- voltage electric fence may be up to 2 feet higher than the perimeter nonelectric fence
or wall.
(c) The low-voltage electric fence must be identified using warning signs attached to the fence
at intervals of not more than 60 feet.
(d) The low-voltage electric fence shall not be installed in an area zoned exclusively for single-
family or multi-family residential use.
(e) The low-voltage electric fence shall not enclose the portions of a property which are used
for residential purposes.
(4) This section does not apply to the installation or replacement of a fire alarm if a plan review is
required.
(5) The Village of Tequesta shall make uniform basic permit labels available for purchase by a
contractor to be used for the installation or replacement of a new or existing alarm system at a cost as
indicated in Section 553.793, Florida Statutes. The Village of Tequesta may not require the payment
of any additional fees, charges, or expenses associated with the installation or replacement of a new or
existing alarm.
(a) The Village of Tequesta may not require a contractor, as a condition of purchasing a label, to
submit information other than identification information of the licensee and proof of registration or
certification as a contractor.
(b) A label is valid for 1 year after the date of purchase and may only be used within the
jurisdiction of the local enforcement agency that issued the label. A contractor may purchase labels
in bulk for one or more unspecified current or future projects.
(6) A contractor shall post an unused uniform basic permit label in a conspicuous place on the
premises of the low-voltage alarm system project site before commencing work on the project.
(7) A contractor is not required to notify the local enforcement agency before commencing work on a
low-voltage alarm system project. However, a contractor must submit a Uniform Notice of a Low-
Voltage Alarm System Project as provided under subsection (7) to the local enforcement agency
within 14 days after completing the project. A local enforcement agency may take disciplinary action
against a contractor who fails to timely submit a Uniform Notice of a Low-Voltage Alarm System
Project.
(8) The Uniform Notice of a Low-Voltage Alarm System Project may be submitted electronically or
by facsimile if all submissions are signed by the owner, tenant, contractor, or authorized representative
of such persons. The Uniform Notice of a Low-Voltage Alarm System Project shall be in the format
prescribed by the local enforcement agency and must comply with the requirements of Section
553.793(7),Florida Statutes.
(9) The Village of Tequesta may coordinate directly with the owner or customer to inspect a low-
voltage alarm system project may be inspected by the local enforcement agency to ensure compliance
with applicable codes and standards. If a low-voltage alarm system project fails an inspection, the
contractor must take corrective action as necessary to pass inspection.
(10) The Village of Tequesta shall not adopt or maintain in effect any ordinance or rule regarding a
low-voltage alarm system project that is inconsistent with this section.
23
Page 400 of 428
Agenda Item #16.
(11) A uniform basic permit label shall not be required for the subsequent maintenance, inspection, or
service of an alarm system that was permitted in accordance with this section. The provisions of this
act are not intended to impose new or additional licensure requirements on persons licensed in
accordance with the applicable provisions of chapter 489,Florida Statutes.
SECTION 106
FLOOR AND ROOF DESIGN LOADS
106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or
industrial building is or has been designed to exceed 50 psf(2.40 kN/m2), such design live loads shall be
conspicuously posted by the owner or the owner's authorized agent in that part of each story in which
they apply,using durable signs. It shall be unlawful to remove or deface such notices
106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not
be issued until the floor load signs,required by Section 106.1, have been installed.
106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor
or roof of a building, structure or portion thereof, a load greater than is permitted by this code.
SECTION 107
SUBMITTAL DOCUMENTS
107.1 General. Submittal documents consisting of construction documents, statement of special
inspections, geotechnical report and other data shall be submitted in two or more sets with each permit
application in accordance with Florida Statute 553.79. The construction documents shall be prepared by a
registered design professional where required by Chapter 471, Florida Statutes & 61G15 Florida
Administrative Code or Chapter 481, Florida Statutes & 61G1 Florida Administrative Code. Where
special conditions exist, the Building Official is authorized to require additional construction documents
to be prepared by a registered design professional. Electronic media documents shall be submitted when
required by the Building Official, in a format acceptable to the Building Official, and may require only
one set of submittals.
Exception: The Building Official is authorized to waive the submission of construction documents
and other data not required to be prepared by a registered design professional if it is found that the
nature of the work applied for is such that review of construction documents is not necessary to obtain
compliance with this code.
If the design professional is an architect, interior designer, or engineer legally registered under the laws of
this state regulating the practice of architecture or interior design as provided for in Chapter 481, Florida
Statutes, Part I, or landscape architecture as provided for in Chapter 481, Florida Statutes, Part I1, or
engineering as provided for in Chapter 471, Florida Statutes, then he or she shall affix his or her official
seal to said drawings, specifications and accompanying data, as required by Florida Statutes.
107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1
through 107.2.6.
107.2.1 Information on construction documents.
Construction documents shall be dimensioned and drawn upon suitable material. Electronic media
documents are permitted to be submitted when approved by the Building Official. Construction
documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed
and show in detail that it will conform to the provisions of this code and relevant laws, ordinances,
24
Page 401 of 428
Agenda Item #16.
rules and regulations, as determined by the Building Official. Such drawings and specifications shall
contain information, in the form of notes or otherwise, as to the quality of materials, where quality is
essential to conformity with the technical codes. Such information shall be specific, and the technical
codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used as a
substitute for specific information. All information, drawings, specifications and accompanying data
shall bear the name and signature of the person responsible for the design.
107.2.1.1 For roof assemblies required by the code, the construction documents shall illustrate,
describe and delineate the type of roofing system, materials, fastening requirements, flashing
requirements and wind resistance rating that are required to be installed. Product evaluation and
installation shall indicate compliance with the wind criteria required for the specific site or a
statement by an architect or engineer certifying suitability for the specific site must be submitted
with the construction documents.
107.2.1.2 Additional data. The Building Official may require details, computations, stress
diagrams, and other data necessary to describe the construction or installation and the basis of
calculations. All drawings, specifications and accompanying data required by the Building Official
to be prepared by an architect or engineer shall be affixed with their official seal, signature and date
as state law requires.
107.2.1.3 Quality of building plans. Building plans shall be drawn to a minimum 1/8 inch scale
upon substantial paper, cloth or other acceptable medium. The Building Official may establish,
through Departmental policy, other standards for plans and specifications, including electronic
format, in order to provide conformity to its electronic permit review and record retention program.
This policy may include such things as minimum size, shape, contrast, clarity, or other items
related to records management. Electronic media must be compatible with the archive requirements
of Florida Statutes.
107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall
be submitted to indicate conformance to this code and the construction documents and shall be
approved prior to the start of system installation. Shop drawings shall contain all information as
required by the referenced installation standards in Chapter 9 of the Florida Building Code.
107.2.3 Means of egress. The construction documents shall show in sufficient detail the location,
construction, size and character of all portions of the means of egress including the path of the exit
discharge to the public way in compliance with the provisions of this code. In other than occupancies
in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be
accommodated on every floor, and in all rooms and spaces.
107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior
wall envelope in sufficient detail to determine compliance with this code. The construction documents
shall provide details of the exterior wall envelope as required, including flashing, intersections with
dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means
of drainage, water-resistive membrane and details around openings.
The construction documents shall include manufacturer's installation instructions that provide
supporting documentation that the proposed penetration and opening details described in the
construction documents maintain the weather resistance of the exterior wall envelope. The supporting
documentation shall fully describe the exterior wall system which was tested, where applicable, as
well as the test procedure used.
25
Page 402 of 428
Agenda Item #16.
107.2.5 Exterior balcony and elevated walking surfaces. Where balcony or other elevated walking
surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural
framing is protected by an impervious moisture barrier the construction documents shall include
details for all element of the impervious moisture barrier system. The construction documents shall
include manufacturer's installation instructions. (CA7834)
107.2.6 Site plan. The construction documents submitted with the application for permit shall be
accompanied by a site plan showing to scale the size and location of new construction and existing
structures on the site, distances from lot lines, the established street grades and the proposed finished
grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be
drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan
shall show construction to be demolished and the location and size of existing structures and
construction that are to remain on the site or plot. The Building Official is authorized to waive or
modify the requirement for a site plan when the application for permit is for alteration or repair or
when otherwise warranted.
107.2.6.1 Design flood elevations. Where design flood elevations are not specified, they shall be
established in accordance with Section 1612.3.1. Design flood elevations shall be uniformly
specified utilizing the currently effective NAVD 88.
107.2.6.2 For the purpose of inspection and record retention, site plans for a building may be
maintained in the form of an electronic copy at the worksite. These plans must be open to
inspection by the Building Official or a duly authorized representative, as required by the Florida
Building Code.
107.2.7 Structural information. The construction documents shall provide the information specified
in Section 1603.
107.3 Examination of documents. The Building Official shall examine or cause to be examined the
accompanying submittal documents and shall ascertain by such examinations whether the construction
indicated and described is in accordance with the requirements of this code and other pertinent laws or
ordinances.
Exceptions:
1. Building plans approved pursuant to Section 553.77(5), Florida. Statutes, and state-approved
manufactured buildings are exempt from local codes Village of Tequesta plan reviews except for
provisions of the code relating to erection, assembly or construction at the site. Erection, assembly
and construction at the site are subject to local permitting and inspections. Photocopies of plans
approved according to FAC 61-41.009, Florida Administrative Code, shall be sufficient for Village
of Tequesta permit application documents of record for the modular building portion of the
permitted project.
2. Industrial construction on sites where design, construction and fire safety are supervised by
appropriately licensed design and inspection professionals and which contain adequate in-house
fire departments and rescue squads is exempt, subject to approval by the Building Official, from
review of plans and inspections, providing the appropriate licensed design and inspection
professionals certify that applicable codes and standards have been met and supply appropriate
approved drawings to local building and fire-safety inspectors.
26
Page 403 of 428
Agenda Item #16.
107.3.1 Approval of construction documents. When the Building Official issues a permit, the
construction document shall be approved, in writing or by stamp, as "Reviewed for Code
Compliance." One set of construction documents so reviewed shall be retained by the Building
Official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be
open to inspection by the Building Official or a duly authorized representative.
107.3.2 Previous approvals. This code shall not require changes in the construction documents,
construction or designated occupancy of a structure for which a lawful permit has been heretofore
issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith
within 180 days after the effective date of this code and has not been abandoned.
107.3.3 Phased approval. The Building Official is authorized to issue a permit for the construction of
foundations or any other part of a building or structure before the construction documents for the
whole building or structure have been submitted, provided that adequate information and detailed
statements have been filed complying with pertinent requirements of this code. The holder of such
permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk
with the building operation and without assurance that a permit for the entire structure will be granted.
107.3.4 Design professional in responsible charge. Where it is required that documents be prepared
by a registered design professional, the Building Official shall be authorized to require the owner or
the owner's authorized agent to engage and designate on the building permit application a registered
design professional who shall act as the registered design professional in responsible charge. If the
circumstances require, the owner or the owner's authorized agent shall designate a successor
registered design professional in responsible charge who shall perform the duties required of the
original registered design professional in responsible charge. The Building Official shall be notified in
writing by the owner or the owner's authorized agent if the registered design professional in
responsible charge is changed or is unable to continue to perform the duties. Successor registered
design professional in responsible charge licensed under Chapter 471 Florida Statutes shall comply
with Section 471.025(4) Florida Statute and the procedure set forth in 61G15-27.001 Florida
Administrative Code; or licensed under Chapter 481 Florida Statutes shall comply with Section
481.221(6)Florida Statute and the procedure set forth in 61G1-18.002 Florida Administrative Code.
The registered design professional in responsible charge shall be responsible for reviewing and
coordinating submittal documents prepared by others, including phased and deferred submittal items,
for compatibility with the design of the building. Those products which are regulated by FAC Rule
61G20 shall be reviewed and approved in writing by the designer of record prior to submittal for
jurisdictional approval.
107.3.4.1 Deferred submittals. For the purposes of this section, deferred submittals are defined as
those portions of the design that are not submitted at the time of the application and that are to be
submitted to the Building Official.
Deferral of any submittal items shall have the prior approval of the Building Official. The
registered design professional in responsible charge shall list the deferred submittals on the
construction documents for review by the Building Official.
Documents for deferred submittal items shall be submitted to the registered design professional in
responsible charge who shall review them and forward them to the Building Official with a
notation indicating that the deferred submittal documents have been reviewed and found to be in
general conformance to the design of the building. The deferred submittal items shall not be
installed until the deferred submittal documents have been approved by the Building Official.
27
Page 404 of 428
Agenda Item #16.
107.3.4.2 Certifications by contractors authorized under the provisions of Section 489.115(4)(b),
Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person
licensed under Chapter 471, Florida Statutes, or Chapter 481 Florida Statutes,by local enforcement
agencies for plans review for permitting purposes relating to compliance with the wind-resistance
provisions of the code or alternate methodologies approved by the Florida Building Commission
for one- and two-family dwellings. Local enforcement agencies may rely upon such certification by
contractors that the plans and specifications submitted conform to the requirements of the code for
wind resistance. Upon good cause shown, local government code enforcement agencies may accept
or reject plans sealed by persons licensed under Chapters 471,481 or 489,Florida Statutes.
107.3.5 Minimum plan review criteria for buildings. The examination of the documents by the
Building Official shall include the following minimum criteria and documents: a floor plan; site plan;
foundation plan; floor/roof framing plan or truss layout; all fenestration and building envelope
penetrations; flashing; and rough opening dimensions; and all exterior elevations:
Commercial Buildings:
Building
1. Site requirements:
Parking
Fire access
Vehicle loading
Driving/turning radius
Fire hydrant/water supply/post indicator valve (PIV)
Set back/separation (assumed property lines)
Location of specific tanks, water lines and sewer lines
Flood hazard areas, flood zones, and design flood elevations
2. Occupancy group and special occupancy requirements shall be determined (with cross check
with the energy code submittal).
3. Minimum type of construction shall be determined(see Table 503).
4. Fire-resistant construction requirements shall include the following components:
Fire-resistant separations
Fire-resistant protection for type of construction
Protection of openings and penetrations of rated walls
Fire blocking and draftstopping and calculated fire resistance
5. Fire suppression systems shall include:
Early warning smoke evacuation systems
Schematic fire sprinklers
Standpipes
Pre-engineered systems
Riser diagram
6. Life safety systems shall be determined and shall include the following requirements:
Occupant load and egress capacities
Early warning
Smoke control
Stair pressurization
28
Page 405 of 428
Agenda Item #16.
Systems schematic
7. Occupancy load/egress requirements shall include:
Occupancy load
Gross
Net
Means of egress
Exit access
Exit
Exit discharge
Stairs construction/geometry and protection
Doors
Emergency lighting and exit signs
Specific occupancy requirements
Construction requirements
Horizontal exits/exit passageways
8. Structural requirements shall include:
Soil conditions/analysis
Termite protection
Design loads
Wind requirements
Building envelope
Impact resistant coverings or systems
Structural calculations (if required)
Foundation
Flood requirements in accordance with Section 1612, including lowest floor elevations,
enclosures, flood damage-resistant materials
Wall systems
Floor systems
Roof systems
Threshold inspection plan
Stair systems
9. Materials shall be reviewed and shall at a minimum include the following:
Wood
Steel
Aluminum
Concrete
Plastic
Glass
Masonry
Gypsum board and plaster
Insulating(mechanical)
Roofing
Deck coatings
Insulation
Building envelope portions of the Energy Code (including calculation and mandatory
requirements)
10. Accessibility requirements shall include the following:
29
Page 406 of 428
Agenda Item #16.
Site requirements
Accessible route
Vertical accessibility
Toilet and bathing facilities
Drinking fountains
Equipment
Special occupancy requirements
Fair housing requirements
11. Interior requirements shall include the following:
Interior finishes (flame spread/smoke development)
Light and ventilation (including corresponding portion of the energy code)
Sanitation
12. Special systems:
Elevators
Escalators
Lifts
13. Swimming pools:
Barrier requirements
Spas
Wading pools
14. Location and installation details. The specific location and installation details of each fire
door, fire damper, ceiling damper and smoke damper shall be shown and properly identified on
the building plans by the designer.
Electrical
1. Electrical:
Wiring
Services
Feeders and branch circuits
Overcurrent protection
Grounding
Wiring methods and materials
GFCIs
Electrical portions of the Energy Code(including calculation and mandatory requirements)
2. Equipment
3. Special occupancies
4. Emergency systems
5. Communication systems
6. Low voltage
7. Load calculations
8. Design flood elevation
Plumbing
1. Minimum plumbing facilities
2. Fixture requirements
3. Water supply piping
4. Sanitary drainage
30
Page 407 of 428
Agenda Item #16.
5. Water heaters
6. Vents
7. Roof drainage
8. Back flow prevention
9. Irrigation
10. Location of water supply line
11. Grease traps
12. Environmental requirements
13. Plumbing riser
14. Design flood elevation
15. Water/plumbing portions of the Energy Code (including calculation and mandatory
requirements)
Mechanical
1. Mechanical portions of the energy calculations
2. Exhaust systems:
Clothes dryer exhaust
Kitchen equipment exhaust
Specialty exhaust systems
3. Equipment
4. Equipment location
5. Make-up air
6. Roof-mounted equipment
7. Duct systems
8. Ventilation
9. Combustion air
10. Chimneys,fireplaces and vents
11. Appliances
12. Boilers
13. Refrigeration
14. Bathroom ventilation
15. Laboratory
16. Design flood elevation
17. Smoke and/or Fire Dampers
Gas
1. Gas piping
2. Venting
3. Combustion air
4. Chimneys and vents
5. Appliances
6. Type of gas
7. Fireplaces
8. LP tank location
9. Riser diagram/shutoffs
10. Design flood elevation
11. Gas portions of the Energy Code(including calculation and mandatory requirements)
Demolition
1. Asbestos removal
31
Page 408 of 428
Agenda Item #16.
Residential(one-and two-family):
1. Site requirements:
Setback/separation (assumed property lines)
Drainage Plan(professionally prepared)
Set back/separation (assumed property lines)
Location of septic tanks
2. Fire-resistant construction(if required)
3. Fire
4. Smoke detector locations
5. Egress
Egress window size and location stairs construction requirements
6. Structural requirements shall include:
Wall section from foundation through roof, including assembly and materials, connector
tables,wind requirements, and structural calculations (if required)
Termite protection
Design loads
Wind requirements
Building envelope
Foundation
Wall systems
Floor systems
Roof systems
Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures,
equipment, and flood damage-resistant materials
7. Accessibility requirements: show/identify accessible bath
8. Impact resistant coverings or systems
9. Residential Energy Code submittal (including calculation and mandatory requirements)
10. Electrical:
Electric service riser with wire sizes, conduit detail and grounding detail
Complete load calculations, Panel schedules
11. Mechanical:
Equipment and location, Duct systems
12. Plumbing:
Plumbing riser
13. Gas:
Gas piping
Venting
Combustion air
Chimneys and vents
Appliances
Type of gas
Fireplaces
LP tank location
Riser diagram/shutoffs
14. Swimming Pools
Barrier requirements
Spas
32
Page 409 of 428
Agenda Item #16.
Wading pools
Manufactured buildings/housing—
1. Site requirements
Setback/separation(assumed property lines)
Location of septic tanks (if applicable)
2. Structural
Wind zone
Anchoring
Blocking
3. Plumbing
List potable water source and meter size (if applicable)
4. Mechanical
Exhaust systems
Clothes dryer exhaust
Kitchen equipment exhaust
5. Electrical exterior disconnect location
Exemptions.
Plans examination by the Building Official shall not be required for the following work:
1. Replacing existing equipment such as mechanical units,water heaters, etc.
2. Reroofs (as determined by local jurisdiction)
3. Minor electrical,plumbing and mechanical repairs
4. Annual maintenance permits
5. Prototype plans
Except for local site adaptions, siding, foundations and/or modifications.
Except for structures that require waiver.
6. Manufactured buildings plan except for foundations and modifications of buildings on site
and as listed above in manufactured buildings/housing.
107.4 Amended construction documents. Work shall be installed in accordance with the approved
construction documents, and any changes made during construction that are not in compliance with the
approved construction documents shall be resubmitted for approval as an amended set of construction
documents.
107.5 Retention of construction documents. One set of approved construction documents shall be
retained by the Building Official for a period of not less than 180 days from date of completion of the
permitted work, or as required by state or local laws.
107.6 Affidavits.The Building Official may accept a sworn affidavit from a registered architect or
engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the
affidavit shall state that the plans conform to the laws as to egress, type of construction and general
arrangement and, if accompanied by drawings, show the structural design and that the plans and design
conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The
Building Official may without any examination or inspection accept such affidavit, provided the architect
or engineer who made such affidavit agrees to submit to the Building Official copies of inspection reports
as inspections are performed and upon completion of the structure, electrical, gas, mechanical or
plumbing systems a certification that the structure, electrical, gas, mechanical or plumbing system has
been erected in accordance with the requirements of the technical codes. Where the Building Official
relies upon such affidavit,the architect or engineer shall assume full responsibility for compliance with all
33
Page 410 of 428
Agenda Item #16.
provisions of the technical codes and other pertinent laws or ordinances. The Building Official shall
ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter
468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector
under Part XII of Chapter 468, Florida Statutes. Nothing aforesaid shall preclude plan review or
inspections by the Building Official (See also Section 105.14). On applications in which private provider
services are utilized, all time frames shall adhere to time frames as indicated in Florida Statutes 553.791
(7)•
107.6.1 Building permits issued in special flood hazard areas on the basis of an affidavit.Pursuant
to the requirements of federal regulation for participation in the National Flood Insurance Program(44
C.F.R. Parts 59 and 60), the authority granted to the Building Official to issue permits, to rely on
inspections, and to accept plans and construction documents on the basis of affidavits and plans
submitted pursuant to Sections 105.14 and 107.6, shall not extend to the flood load and flood
resistance construction requirements of the Florida Building Code.
107.6.2 Affidavits Provided Pursuant to Section 553.791, Florida Statutes.For a building or structure
in a flood hazard area, the Building Official shall review any affidavit certifying compliance with the
flood load and flood-resistant construction requirements of the Florida Building Code.
SECTION 108
TEMPORARY STRUCTURES AND USES
108.1 General. The Building Official is authorized to issue a permit for temporary structures and
temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more
than 180 days. The Building Official is authorized to grant extensions for demonstrated cause.
108.2 Conformance. Temporary structures and uses shall comply with the requirements in Section 3103
of the Florida Building Code.
108.3 Temporary power. The Building Official is authorized to give permission to temporarily supply
and use power in part of an electric installation before such installation has been fully completed and the
final certificate of completion has been issued. The part covered by the temporary certificate shall comply
with the requirements specified for temporary lighting, heat or power in NFPA 70.
108.4 Termination of approval. The Building Official is authorized to terminate such permit for a
temporary structure or use and to order the temporary structure to be removed or use to be discontinued.
SECTION 109
FEES
109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor
shall an amendment to a permit be released until the additional fee, if any,has been paid.
109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing
systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance
with the schedule as established by the Village of Tequesta Village Council.
109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following:
• Permits;
• Plans examination'
34
Page 411 of 428
Agenda Item #16.
• Certificates of competency (including fees for applications, examinations, renewal, late
renewal, and reciprocity);
• Re-inspections;
• Administrative fees (including fees for investigative and legal costs incurred in the context of
certain disciplinary cases heard by the board);
• Variance requests;
• Administrative appeals;
• Violations; and
• Other fees as established by local resolution or ordinance
109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at
time of application. Permit valuations shall include total value of work, including materials and labor, for
which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent
systems. If, in the opinion of the Building Official, the valuation is underestimated on the application, the
permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the
Building Official. Final building permit valuation shall be set by the Building Official.
109.4 Work commencing before permit issuance.Any person who commences any work on a building,
structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits or
without prior approval from the Building Official as permitted in Section 105.2.2 or 105.12 shall be
subject to a fee established by the Building Official that shall be in addition to the required permit fees
established and adopted by the Village of Tequesta Village Council. 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(s) must be applied for within three (3) business days and any unreasonable
delay in obtaining those permit(s) shall result in the charge of a triple fee. The payment of a triple 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.
109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for
work done in connection to or concurrently with the work authorized by a building penult shall not
relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
109.6 Refunds. The Building Official is authorized to establish and publish a refund policy through local
ordinance or resolution.
SECTION 110
INSPECTIONS
110.1 General. Construction or work for which a permit is required shall be subject to inspection by the
Building Official and such construction or work shall remain exposed and provided with access for
inspection purposes until approved.
Approval as a result of an inspection shall not be construed to be an approval of a violation of the
provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority
to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid.
It shall be the duty of the owner or the owner's authorized agent to cause the work to remain exposed and
provided with access for inspection purposes. The Building Official shall be permitted to require a
boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be readily
35
Page 412 of 428
Agenda Item #16.
determined in the field. Neither the Building Official nor the jurisdiction shall be liable for expense
entailed in the removal or replacement of any material required to allow inspection.
110.1.1 Manufacturers and fabricators. When deemed necessary by the Building Official,
he/she shall make, or cause to be made, an inspection of materials or assemblies at the point of
manufacture or fabrication. A record shall be made of every such examination and inspection and
of all violations of the technical codes.
110.1.2 Inspection service. The Building Official may make, or cause to be made, the
inspections required by Section 110. He or she may accept reports of department inspectors,
independent inspectors or of recognized inspection services, provided that after investigation
he/she is satisfied as to their licensure, qualifications and reliability. A certificate required by any
provision of this code shall not be based on such reports unless the same are recorded by the
building code inspector or the architect or engineer performing building code inspections in a
manner specified by the Building Official. The Building Official shall ensure that all persons
making such inspections shall be certified in accordance to Chapter 468 Florida Statues; or
licensed under Chapter 471 or 481 Florida Statutes.
The Building Official may require the owner to employ an inspection service in the following
instances:
1. For buildings or additions of Type I construction;
2. For all major structural alterations;
3. Where the concrete design is based on compressive strength in excess of 3000 pounds per square
inch;
4. For pile driving;
5. For buildings with an area greater than 20,000 square feet;
6. For buildings more than two stories in height; or
7. For buildings and structures of unusual design or methods of construction. Such inspectors shall be
present when work is underway on the structural elements of the building to adequately attest to its
compliance. Such inspectors shall be registered architect, or engineer. An employee of the architect or
engineer licensed under Chapter 468,Part XII, Florida Statutes may perform the inspections,under the
direction of and with final certification from the architect or engineer. Such inspectors shall submit
weekly progress reports including the daily inspections to the building official, and including a code
compliance opinion of the resident inspector.
At the completion of the construction work or project, the architect or engineer shall submit a
certificate of compliance to the Building Official, stating that the work was done in compliance with
this code and in accordance with the permitted drawing. Final inspection shall be made by the
Building Official before a Certificate of Occupancy or Certificate of Completion is issued; and
confirmation inspections may be made at any time to monitor activities and resident inspectors.
110.1.3 Affidavit for inspection. With specific prior approval of, and in a format acceptable to the
Building Official, an affidavit for certification of inspection may be accepted from the permit qualifier;
when accompanied by extensive photographic evidence of sufficient detail to demonstrate code
compliance. The photographic evidence shall be comprehensive in the display of the installation
and/or construction and job location identifiers. The affidavit and accompanying photographs shall be
provided to the inspector onsite, at the next scheduled inspection. If the photographs are found to be
insufficient by the Building Official to demonstrate compliance with this code and/or the permitted
document, or clearly display location identifiers, or are missing, the inspector shall require the
contractor to obtain the services of a registered Florida professional engineer to inspect and certify the
installation and/or construction.
36
Page 413 of 428
Agenda Item #16.
110.1.3.1 Exception: Affidavits may not be accepted for inspection of elements of construction
which require inspection by the Village of Tequesta under the requirements of Title 44, Code of
Federal Regulations,Parts 59 and 60, and the local flood damage prevention ordinance.
110.2 Preliminary inspection. Before issuing a permit, the Building Official is authorized to examine or
cause to be examined buildings, structures and sites for which an application has been filed.
110.3 Required inspections. The Building Official upon notification from the permit holder or his or her
agent shall make the following inspections, or any other such inspection as deemed necessary and shall
either release that portion of the construction or shall notify the permit holder or his or her agent of any
violations which must be corrected in order to comply with the technical codes. The Building Official
shall determine the timing and sequencing of when inspections occur and what elements are inspected at
each inspection.
Building
1. Foundation inspection. To be made after trenches are excavated, any required reinforcing steel
is in place, forms erected and shall at a minimum include the following building components:
Stem-wall
-Monolithic slab-on-grade
-Piling/pile caps
-Footers/grade beams
I.I. Slab Inspection: Concrete slab and under-floor inspections shall be made after in-slab or
under-floor reinforcing steel and building service equipment, conduit, piping accessories and
other ancillary equipment items are in place, but before any concrete is placed or floor sheathing
installed, including the subfloor.
1.2A foundation/Form board survey prepared and certified by a registered surveyor may be
required, prior to approval of the slab inspection. The survey shall certify placement of the
building on the site, illustrate all surrounding setback dimensions and shall be available at the
job site for review by the building inspector. In lieu of providing a survey, the contractor may
elect to uncover all property line markers and string-up all property lines in preparation for
inspection.
1.3. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to
further vertical construction, the elevation certification shall be submitted to the Authority
having Jurisdiction.
2. Framing inspection. To be made after the roof, all framing, fire blocking and bracing is in place,
all concealing wiring, all pipes, chimneys, ducts and vents are complete and the rough
electrical, plumbing, heating wires, pipes and ducts are approved and shall at a minimum
include the following building components:
•Window/door framing
37
Page 414 of 428
Agenda Item #16.
-Window U-factor/SHGC as indicated on approved energy calculations
Vertical cells/columns
Lintel/tie beams
-Framing/trusses/bracing/connectors (including truss layout and engineered drawings)
-Draft stopping/fire blocking
•Curtain wall framing
-Energy insulation(Insulation R-factor as indicated on approved energy calculations)
Accessibility.
Verify rough opening dimensions are within tolerances.
-Window/door buck attachment
2.1. Insulation Inspection: To be made after the framing inspection is approved and the insulation is
in place, according to approved energy calculation submittal Includes wall and ceiling
insulation.
2.2. Lath and gypsum board inspection for fire-resistance-rated or shear assemblies. Lath and
gypsum board inspections shall be made after lathing and gypsum board, interior and exterior,
is in place, but before any plastering is applied or gypsum board joints and fasteners are taped
and finished.
3. Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the
request of the contractor after all roof and wall sheathing and fasteners are complete and shall at
a minimum include the following building components:
Roof sheathing
Wall sheathing
-Continuous air barrier
-Exterior Siding/Cladding
Sheathing fasteners
Roof/wall dry-in.
NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners)
shall be removed and properly reinstalled prior to installation of the dry-in material. Exception:
ring shank nails shall be bent over and a new fastener installed.
38
Page 415 of 428
Agenda Item #16.
4. Exterior wall coverings. Shall at a minimum include the following building components in
progress inspections:
• Exterior wall coverings and veneers
• Soffit coverings
5. Roofing inspection. Shall at a minimum be made in at least two inspections and include the
following building components:
Dry-in
Insulation
Roof coverings (including In Progress as necessary)
-Insulation on roof deck(according to submitted energy calculation)
•Flashing
- Sheathing
5.1. Re-Roof sheathing inspection. An affidavit with a notarized signature of a state or locally
licensed roofing contractor for the installation of additional sheathing fasteners as required by
the Existing Building Code may be accepted at the discretion of the Building Official.
6. Final inspection. To be made after the building, including all sub-trade inspections, is
completed and ready for occupancy.
6.1. In flood hazard areas, as part of the final inspection, a final certification of the lowest floor
elevation or the elevation to which a building is dry floodproofed, as applicable, shall be
submitted to the authority having jurisdiction.
7. Swimming pool inspection. First inspection to be made after excavation and installation of
reinforcing steel,bonding and main drain and prior to placing of concrete shell.
1. Steel reinforcement inspection
2. Underground electric inspection.
3. Underground piping inspection including a pressure test.
4. Underground electric inspection under deck area(including the equipotential bonding)
5. Underground piping inspection under deck area..
6. Deck inspection: to be made prior to installation of the deck material (with forms, deck
drains, and any reinforcement in place
7. Safety Inspection; Made prior to filling the pool with the bonding connections made, the
proper drain covers installed and the final barriers installed.
8. Final pool piping.
9. Final Electrical inspection.
10. Final inspection to be made when the swimming pool is complete and all required
enclosure requirements are in place.
39
Page 416 of 428
Agenda Item #16.
In order to pass final inspection and receive a certificate of completion, a residential swimming
pool must meet the requirements relating to pool safety features as described in Section
454.2.17and R4501.17 of this code.
8. Demolition inspections. First inspection to be made after all utility connections have been
disconnected and secured in such manner that no unsafe or unsanitary conditions shall exist
during or after demolition operations.
Final inspection to be made after all demolition work is completed.
9. Manufactured building inspections. The Department of Building Safety shall inspect
construction of foundations; connecting buildings to foundations; installation of parts identified
on plans as site installed items, joining the modules, including utility crossovers; utility
connections from the building to utility lines on site; and any other work done on site which
requires compliance with the Florida Building Code. Additional inspections may be required
for public educational facilities (see Section 453.27.20 of this code).
10. Where impact resistant coverings or impact resistant systems are installed, the Building Official
shall schedule adequate inspections of impact resistant coverings or impact resistant systems to
determine the following:
The system indicated on the plans was installed.
The system is installed in accordance with the manufacturer's installation instructions and the
product approval.
Electrical
1. Underground inspection. To be made after trenches or ditches are excavated, conduit or cable
installed, and before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place
and prior to the installation of wall or ceiling membranes.
3. Final inspection. To be made after the building electrical system is complete, all required
electrical fixtures are in place and properly connected or protected, and the structure is ready for
occupancy.
4. Existing Swimming Pools. To be made after all repairs or alterations are complete, all required
electrical equipment, GFCI protection, and equipotential bonding are in place on said alterations or
repairs.
Plumbing
1. Underground inspection. To be made after trenches or ditches are excavated, piping installed,
and before any backfill is put in place.
40
Page 417 of 428
Agenda Item #16.
2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place
and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling
membranes.
-includes plumbing provisions of the energy code and approved energy calculations provisions.
3. Final inspection. To be made after the building plumbing system is complete, all plumbing
fixtures are in place and properly connected, and the structure is ready for occupancy.
Note: See Section 312 of the Florida Building Code,Plumbing for required tests.
Mechanical
1. Underground inspection. To be made after trenches or ditches are excavated, underground duct
and fuel piping installed, and before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, fire blocking and bracing are in place
and all ducting, and other concealed components are complete, and prior to the installation of
wall or ceiling membranes.
-includes mechanical provisions of the energy code and approved energy calculations
provisions.
3. Final inspection. To be made after the building mechanical system is complete, the mechanical
system is in place and properly connected, and the structure is ready for occupancy.
Gas
1. Rough piping inspection. To be made after all new piping authorized by the permit has been
installed, and before any such piping has been covered or concealed or any fixtures or gas
appliances have been connected.
-includes gas provisions of the energy code and approved energy calculations provisions.
2. Final piping inspection. To be made after all piping authorized by the permit has been installed
and after all portions which are to be concealed by plastering or otherwise have been so
concealed, and before any fixtures or gas appliances have been connected. This inspection shall
include a pressure test.
3. Final inspection. To be made on all new gas work authorized by the permit and such portions of
existing systems as may be affected by new work or any changes, to ensure compliance with all
the requirements of this code and to assure that the installation and construction of the gas
system is in accordance with reviewed plans.
41
Page 418 of 428
Agenda Item #16.
Site Debris
1. The contractor and/or owner of any active or inactive construction project shall be responsible for
the clean-up and removal of all construction debris or any other miscellaneous discarded articles
during the course of the construction project and prior to receiving final inspection approval.
Construction job sites must be kept clean and in a safe condition at all times.
2. All debris shall be kept in such a manner as to prevent it from being spread by any means.
110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after
excavations for footings are complete and any required reinforcing steel is in place. For concrete
foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall
be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete
need not be on the job.
110.3.2 Concrete slab and under-floor inspection.
Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel
and building service equipment, conduit, piping accessories and other ancillary equipment items are in
place,but before any concrete is placed or floor sheathing installed, including the subfloor.
110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including
the basement, and prior to further vertical construction, the elevation certification required in Section
1612.4 of the Florida Building Code, Building and Section R322 of the Florida Building Code,
Residential, shall be submitted to the Building Official.
110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all
framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are
complete and the rough electrical,plumbing,heating wires,pipes and ducts are approved.
110.3.5 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and
gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel
products, interior and exterior, are in place, but before any plastering is applied or gypsum board and
gypsum panel product joints and fasteners are taped and finished.
Exception: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated
assembly or a shear assembly.
110.3.6 Weather-exposed balcony and walking surface waterproofing. Where balcony or other
elevated walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the
structural framing is protected by an impervious moisture barrier, all elements of the impervious-
moisture-barrier system shall not be concealed until inspected and approved.
110.3.7 Fire- and smoke-resistant penetrations. Protection of joints and penetrations in fire-
resistance rated assemblies, smoke barriers and smoke partition shall not be concealed from view until
inspected and approved.
110.3.8 Energy efficiency inspections.Inspections shall be made to determine compliance with FBC,
Energy Conservation and-confirm with the approved energy code submittal (by appropriate trade) and
corresponding mandatory requirements and shall include, but not be limited to, inspections for:
corresponding envelope insulation R- and U-values, fenestration U-value and Solar Heat Gain
42
Page 419 of 428
Agenda Item #16.
Coefficient, duct system R-value, and HVAC, lighting, electrical and water-heating equipment
efficiency.
110.3.9 Other inspections. In addition to the inspections specified in Sections 110.3 through 110.3.7,
the Building Official is authorized to make or require other inspections of any construction work to
ascertain compliance with the provisions of this code and other laws that are enforced by the
department of building safety.
110.3.10 Special inspections. Reserved.
110.3.11 Final inspection. The final inspection shall be made after all work required by the building
permit is completed.
110.3.11.1 Flood hazard documentation. If located in a flood hazard area, coastal high hazard
areas or coastal A zones, documentation as required in Section 1612.5 of the Florida Building
Code, Building; or Section R322 of the Florida Building Code, Residential, shall be submitted to
the Building Official prior to the final inspection.
110.3.11.2 Commercial Energy Code documentation. If required by energy code path submittal,
confirmation that commissioning result requirements have been received by building owner.
110.3.11.3 Residential Energy Code documentation. If required by energy code path submittal
(Section R405), confnnation that the envelope and duct test requirements shall be received by
Building Official.
110.3.12 Termites. Building components and building surroundings required to be protected from
termite damage in accordance with Section 1503.7, Section 2304.13 or Section 2304.11.6, specifically
required to be inspected for termites in accordance with Section 2114, or required to have chemical
soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from
the Building Official has been received.
110.3.13 Impact resistant coverings or systems. Where impact resistant coverings or systems are
installed to meet requirements of this code, the Building Official shall schedule adequate inspections
of impact resistant coverings or systems to determine the following:
1. The system indicated on the plans was installed.
2. The system is installed in accordance with the manufacturer's installation instructions and the
product approval.
110.4 Inspection agencies. The Building Official is authorized to accept reports of approved inspection
agencies,provided such agencies satisfy the requirements as to qualifications and reliability.
110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly
authorized agent to notify the Building Official when work is ready for inspection. It shall be the duty of
the permit holder to provide access to and means for inspections of such work that are required by this
code.
110.6 Approval required. Work shall not be done beyond the point indicated in each successive
inspection without first obtaining the approval of the Building Official. The Building Official, upon
notification, shall make the requested inspections and shall either indicate the portion of the construction
that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to
43
Page 420 of 428
Agenda Item #16.
comply with this code. Any portions that do not comply shall be corrected and such portion shall not be
covered or concealed until authorized by the Building Official.
110.7 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed
and inspected by a Florida licensed professional engineer,prior to any required mandatory inspections by
the threshold building inspector.
110.8 Threshold building.
110.8.1 During new construction or during repair or restoration projects in which the structural system
or structural loading of a building is being modified,the enforcing agency shall require a special inspector
to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared
by the engineer or architect of record. The structural inspection plan must be submitted to the enforcing
agency prior to the issuance of a building permit for the construction of a threshold building. The purpose
of the structural inspection plans is to provide specific inspection procedures and schedules so that the
building can be adequately inspected for compliance with the permitted documents. The special inspector
may not serve as a surrogate in carrying out the responsibilities of the Building Official, the architect, or
the engineer of record. The contractor's contractual or statutory obligations are not relieved by any action
of the special inspector.
110.8.2 The special inspector shall detennine that a professional engineer who specializes in shoring
design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans
submitted to the enforcing agency. A fee simple title owner of a building, which does not meet the
minimum size,height, occupancy, occupancy classification, or number-of-stories criteria which would
result in classification as a threshold building under Section 553.71(7), Florida Statutes, may designate
such building as a threshold building, subject to more than the minimum number of inspections
required by the Florida Building Code.
110.8.3 The fee owner of a threshold building shall select and pay all costs of employing a special
inspector,but the special inspector shall be responsible to the enforcement agency. The inspector shall
be a person certified, licensed or registered under Chapter 471, Florida Statutes, as an engineer or
under Chapter 481, Florida Statutes, as an architect.
110.8.4 The Village of Tequesta shall require that, on every threshold building:
110.8.4.1 The special inspector, upon completion of the building and prior to the issuance of a
certificate of occupancy, file a signed and sealed statement with the enforcement agency in
substantially the following form: "To the best of my knowledge and belief, the above described
construction of all structural load-bearing components complies with the permitted documents, and
the shoring and reshoring conforms to the shoring and reshoring plans submitted to the
enforcement agency."
110.8.4.2 Any proposal to install an alternate structural product or system to which building codes
apply be submitted to the enforcement agency for review for compliance with the codes and made
part of the enforcement agency's recorded set of permit documents.
110.8.4.3 All shoring and reshoring procedures, plans and details be submitted to the enforcement
agency for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected
and certified to be in compliance with the shoring documents by the contractor.
44
Page 421 of 428
Agenda Item #16.
110.8.4.4 All plans for the building which are required to be signed and sealed by the architect or
engineer of record contain a statement that, to the best of the architect's or engineer's knowledge,
the plans and specifications comply with the applicable minimum building codes and the applicable
fire-safety standards as determined by the local authority in accordance with this Section and
Chapter 633, Florida Statutes.
110.8.5 The Village of Tequesta shall not issue a building permit for construction of any threshold
building except to a licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes,
or to a licensed building contractor, as defined in Section 489.105(3)(b), Florida Statutes, within the
scope of her or his license. The named contractor to whom the building permit is issued shall have the
responsibility for supervision, direction, management and control of the construction activities on the
project for which the building permit was issued.
110.8.6 The Department of Building Safety may allow a special inspector to conduct the minimum
structural inspection of threshold buildings required by this code, Section 553.73, Florida Statutes,
without duplicative inspection by the Department of Building Safety. The Building Official is
responsible for ensuring that any person conducting inspections is qualified as a building inspector
under Part XII of Chapter 468, Florida Statutes, or certified as a special inspector under Chapter 471
or 481, Florida Statutes. Inspections of threshold buildings required by Section 553.79(5), Florida
Statutes, are in addition to the minimum inspections required by this code.
110.9 Impact of construction. All construction activity regulated by this code shall be performed in a
manner so as not to adversely impact the condition of adjacent property, unless such activity is permitted
to affect said property pursuant to a consent granted by the applicable property owner, under terms or
conditions agreeable to the applicable property owner. This includes, but is not limited to, the control of
dust, noise, water or drainage runoffs, debris, and the storage of construction materials. New construction
activity shall not adversely impact legal historic surface water drainage flows serving adjacent properties,
and may require special drainage design complying with engineering standards to preserve the positive
drainage patterns of the affected sites. Accordingly, developers, contractors and owners of all new
residential development, including additions,pools,patios, driveways, decks or similar items, on existing
properties resulting in a significant decrease of permeable land area on any parcel or has altered the
drainage flow on the developed property shall, as a permit condition, provide a professionally prepared
drainage plan clearly indicating compliance with this paragraph. Upon completion of the improvement, a
certification from a licensed professional, as appropriate under Florida law, shall be submitted to the
inspector in order to receive approval of the final inspection.
SECTION Ill
CERTIFICATE OF OCCUPANCY
111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the
existing use or occupancy classification of a building or structure or portion thereof shall not be made,
until the Building Official has issued a certificate of occupancy therefore as provided herein. Issuance of a
certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code
or of other ordinances of the jurisdiction.
Exception: Certificates of occupancy are not required for work exempt from permits under Section
105.2.
45
Page 422 of 428
Agenda Item #16.
111.2 Certificate issued. After the Building Official inspects the building or structure and finds no
violations of the provisions of this code or other laws that are enforced by the department of building
safety,the Building Official shall issue a certificate of occupancy that contains the following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner or the owner's authorized agent.
4. A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for compliance with the
requirements of this code for the occupancy and division of occupancy and the use for which the
proposed occupancy is classified.
6. For buildings and structures in flood hazard areas, a statement that documentation of the as-built
lowest floor elevation has been provided and is retained in the records of the authority having
jurisdiction.
7. The name of the Building Official.
8. The edition of the code under which the permit was issued.
9. The use and occupancy, in accordance with the provisions of Chapter 3.
10. The type of construction as defined in Chapter 6.
11. The design occupant load.
12. If an automatic sprinkler system is provided,whether the sprinkler system is required.
13. Any special stipulations and conditions of the building pen-nit.
111.3 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of
occupancy before the completion of the entire work covered by the permit, provided that such portion or
portions shall be occupied safely. The Building Official shall set a time period during which the
temporary certificate of occupancy is valid.
111.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of
occupancy or completion issued under the provisions of this code wherever the certificate is issued in
error, or on the basis of incorrect information supplied, or where it is determined that the building or
structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this
code.
111.5 Certificate of Completion. A Certificate of Completion is proof that a structure or system is
complete and for certain types of permits is released for use and may be connected to a utility system.
This certificate does not grant authority to occupy a building, such as shell building, prior to the issuance
of a Certificate of Occupancy.
SECTION 112
46
Page 423 of 428
Agenda Item #16.
SERVICE UTILITIES
112.1 Connection of service utilities.No person shall make connections from a utility, source of energy,
fuel or power to any building or system that is regulated by this code for which a permit is required, until
released by the Building Official.
112.2 Temporary connection. The Building Official shall have the authority to authorize the temporary
connection of the building or system to the utility source of energy, fuel or power.
112.3 Authority to disconnect service utilities. The Building Official shall have the authority to
authorize disconnection of utility service to the building, structure or system regulated by this code and
the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to
eliminate an immediate hazard to life or property or when such utility connection has been made without
the approval required by Section 112.1 or 112.2. The Building Official shall notify the serving utility, and
wherever possible the owner and occupant of the building, structure or service system of the decision to
disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the
building, structure or service system shall be notified in writing, as soon as practical thereafter.
SECTION 113
BOARD OF APPEALS
RESERVED
SECTION 114
VIOLATIONS
114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter,
extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this
code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
114.2 Notice of violation. The Building Official is authorized to serve a notice of violation or order on
the person responsible for the erection, construction, alteration, extension, repair, moving, removal,
demolition or occupancy of a building or structure in violation of the provisions of this code, or in
violation of a permit or certificate issued under the provisions of this code. Such order shall direct the
discontinuance of the illegal action or condition and the abatement of the violation.
114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the Building
Official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding
at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of
the unlawful occupancy of the building or structure in violation of the provisions of this code or of the
order or direction made pursuant thereto.
114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any
of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation
of the approved construction documents or directive of the Building Official, or of a permit or certificate
issued under the provisions of this code, shall be subject to penalties as prescribed by law.
SECTION 115
STOP WORK ORDER
47
Page 424 of 428
Agenda Item #16.
115.1 Authority. Whenever the Building Official finds any work regulated by this code being performed
in a manner either contrary to the provisions of this code or dangerous or unsafe, the Building Official is
authorized to issue a stop work order.
115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property
involved, the owner's authorized agent or the person performing the work. Upon issuance of a stop work
order, the cited work shall immediately cease. The stop work order shall state the reason for the order and
the conditions under which the cited work will be permitted to resume.
115.3 Unlawful continuance. Any person who shall continue any work after having been served with a
stop work order, except such work as that person is directed to perform to remove a violation or unsafe
condition, shall be subject to penalties as prescribed by law.
SECTION 116
UNSAFE STRUCTURES AND EQUIPMENT
116.1 Unsafe buildings or systems. 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 ordered by the Building Official to be abated by
the owner, through repair and rehabilitation or by demolition in accordance with this Code. The extent or
repairs shall be determined by the Building Official.
116.1.1 When the Building Official determines a building, structure, electrical, gas, mechanical or
plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall provide the owner,
agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system
a written notice of violation stating the defects thereof. This notice shall require the owner within a
stated time either to complete specified repairs or improvements, or to demolish and remove the
building, structure, electrical, gas, mechanical or plumbing system or portion thereof. At the option
of the Village of Tequesta, the processes and procedures for code enforcement under Chapter 162,
Florida Statutes, or Article V, Sec. 14-121, and Appendix B of the Village of Tequesta Code of
Ordinances may be utilized to abate a violation under this section. If the statutory method of
enforcement is invoked, the Building Official shall act in the role of code inspector as authored in
Section 114 of this code to initiate enforcement proceedings, and notice shall be in accordance with
the provisions of the Statute.
116.1.2 If necessary, the notice shall also require the building, structure, electrical, gas, mechanical,
plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or
reconnected until the specified repairs and improvements are completed, inspected and approved by
the Building Official. The Building Official shall post at each entrance to the building a placard
stating: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN
PROHIBITED BY THE BUILDING OFFICIAL. This placard shall remain posted until the required
repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation
or its officers, agents, or other servants, to remove the posting without written permission of the
Building Official, or for any person to enter the building, or use the building or system(s) except for
the purpose of making the required repairs or of demolishing same.
116.1.3 In case the owner, agent, or person in control cannot be found within the stated time limit, or,
if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair,
48
Page 425 of 428
Agenda Item #16.
rehabilitation or to demolish, and remove said building, structure, electrical, gas, mechanical or
plumbing system or portion thereof, the Building Official, acting as a code inspector, shall notify an
enforcement board and request a hearing. In the case of the violation posing a serious threat, and
after having ascertained the cost, the Building Official may take action to cause such building,
structure, electrical, gas, mechanical or plumbing system or portion thereof, to be demolished,
secured, repaired, or required to remain vacant or unused. Taking such action does not create a
continuing obligation on the part of the Building Official to continue with maintaining such building,
structure or system, or create liability for any damage to the property.
116.1.4 The decision of the Building Official shall be final in cases of emergency, which, in the
opinion of the Building Official, involve imminent danger to human life or health, or the property of
others. He/she shall promptly cause such building, structure, electrical, gas, mechanical or plumbing
system or portion thereof to be made safe or cause its removal. For this purpose, he/she may at once
enter such structure or land on which it stands, or abutting land or structures, which such assistance
and at such cost as he may deem necessary. He/she may order the vacating of adjacent structures and
may require the protection of the public by appropriate fence or such other means as may be
necessary, and for this purpose may close a public or private way.
116.2 Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or
deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which
constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve
illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe
structures shall be taken down and removed or made safe, as the Building Official deems necessary and as
provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.
116.3 Record. The Building Official shall cause a report to be filed on an unsafe condition. The report
shall state the occupancy of the structure and the nature of the unsafe condition.
116.4 Notice. If an unsafe condition is found, the Building Official shall serve on the owner, agent or
person in control of the structure, a written notice that describes the condition deemed unsafe and
specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires
the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus
notified to declare immediately to the Building Official acceptance or rejection of the terms of the order.
116.5 Method of service. Such notice shall be deemed properly served if a copy thereof is (a) delivered
to the owner personally; (b) sent by certified or registered mail addressed to the owner at the last known
address with the return receipt requested; or(c) delivered in any other manner as prescribed by local law.
If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof
shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such
notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure
shall constitute service of notice upon the owner.
116.6 Restoration. Where the structure or equipment determined to be unsafe by the Building Official is
restored to a safe condition, to the extent that repairs, alterations or additions are made or a change of
occupancy occurs during the restoration of the structure, such repairs, alterations, additions and change of
occupancy shall comply with the requirements of Section 105.2.2 and the Florida Building Code, Existing
Building.
116.7 Enforcement proceedings; hearing. Violation proceedings and hearings for unsafe structures and
equipment will be conducted before the Village of Tequesta special magistrate in accordance with the
49
Page 426 of 428
Agenda Item #16.
provisions set forth in Chapter 162, Florida Statutes. The owner of property that is subject to an
enforcement proceeding before the special magistrate or court is required to make disclosures as outlined
in Chapter 162,Florida Statutes, before a transfer of property, and failure to make the required disclosures
creates a presumption of fraud.
116.8 Administrative fines; costs to repair; liens. All costs associated with taking a case before the
special magistrate shall be recovered where the jurisdiction prevails. Whenever one of the orders of the
special magistrate has not been complied with by the time set for compliance, for each day thereafter
during which said violation continues past the date set for compliance, the special magistrate may impose
a fine. All costs incurred as a result of actions taken pursuant to Section 114 are charged to the violator.
116.9 Appeal. An aggrieved party,including the Village of Tequesta, may appeal a final administrative
order of an enforcement board or special magistrate to the circuit court. Such an appeal shall not be a
hearing de novo but shall be limited to appellate review of the record created before the enforcement
board. An appeal shall be filed within 30 days of the execution of the order to be appealed.
SECTION 117
VARIANCES IN FLOOD HAZARD AREAS
117.1 Flood hazard areas.Pursuant to Section 553.73(5), Florida Statutes, the variance procedures
adopted in the local floodplain management ordinance shall apply to requests submitted to the Building
Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as
applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply
to Section 3109 of the Florida Building Code,Building.
Section 2: Each and every other Section and Subsection of Chapter 14.
Buildings and building regulations. shall remain in full force and effect as previously
adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: The Village Manager is directed to transmit a copy of this ordinance
to the Florida Building Commission no later than 30 days following its final adoption.
Section 7: The Village Manager is further directed to assure that this
ordinance is made available immediately to the general public in a usable format;
50
Page 427 of 428
Agenda Item #16.
Section 8: This Ordinance shall take effect immediately upon adoption.
51
Page 428 of 428