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HomeMy WebLinkAboutPresentation_Regular_1/11/2024 (4)Village 1 January 2024 Local AmendmentsScope and Administration-Edition (2023) th Florida Building Code 8 of Florida Statute 553.73 Local Jurisdiction Chapter 1–Part 1 technical) provisions -(nonof the Florida Building Code administrative Presentation of notable changes to Chapter 1 •BOAF Model Chapter 1 with local amendments•Effective 12/31/2023•Every 3 years Code Cycle Adoption • EXAMPLES OF THE PROVISIONS OF APPLICABILITY THE CODE FOR LOCAL Section 101 governing property maintenance.and Appendix B shall apply to all matters ,121-of Ordinances Article V, Sec. 14Village of Tequesta Code the The provisions of 101.4.4 Property maintenance. .Reservedmaintenance.Property \[A\]101.4.4amended or replaced.conditions, in accordance with Section 768.28 Florida Statutes, as may be permitting. Further, no employee shall be liable in tort for damage from such any component of such, which may occur subsequent to such inspection or condition or inadequacy in such building, system or plan, nor for any failure of Tequesta shall not be liable in tort for damages or hazardous or illegal condition of such building, system or plan or their adequacy. The Village of of this code, shall not be construed in any court as a warranty of the physical any building, system or plan by the Village of Tequesta, under the requirements The permitting, plan review or inspection of 101.3.2 Warranty and Liability.-herein.within the purview of this code except as it relates to the purposes stated Quality control of materials and workmanship is not 101.3.1 Quality control.-VOTFBC 2 General- Section 102 public.general safety and welfare of the occupants and the deemed necessary by the Building Official for the or as is 121, and Appendix B,-Article V, Sec. 14Village of Tequesta Code of Ordinances Code, the provided in this code, the Florida Fire Prevention without change, except as otherwise specifically adoption of this code shall be permitted to continue occupancy of any building existing on the date of The legal 102.6.2 Buildings previously occupied. occupants and the public.the general safety and welfare of the for building officialdeemed necessary by theor as is Florida Fire Prevention Codetheas otherwise specifically provided in this code, permitted to continue without change, except the date of adoption of this code shall be The legal occupancy of any building existing on Buildings previously occupied.\[A\]102.6.2.121, and Appendix B-Sec. 14Village of Tequesta Code of Ordinances Article V, Fire Prevention Code, and the provisions of the Florida Building Code, Existing Building, the Florida except as is specifically covered in this code, the code shall be permitted to continue without change, structure existing on the date of adoption of this The legal occupancy of any 102.6 Existing structures..Florida Fire Prevention Codetheor Florida Building Code, Existing Buildingtheas otherwise specifically provided in this code, permitted to continue without change, except on the date of adoption of this code shall be The legal occupancy of any structure existing Existing structures.\[A\]102.6VOTFBC 2 Applicability- PART 2 SafetyDepartment of Building ADMINISTRATION & ENFORCEMENT- Section 103 103.4 Restrictions on employees. (Reserved).to all matters governing property maintenance.shall apply 121, and Appendix B -Tequesta Code of Ordinances Article V, Sec. 14Village of For the maintenance of existing properties, see the provisions of the Building Official.and other employees. Such employees shall have powers as delegated by the deputy Building Official, the related technical officers, inspectors, plan examiners shall have the authority to appoint a Building Official consultation with theon ,the Manager, and with the concurrence of the appointing authorityIn accordance with the prescribed procedures of this jurisdiction 103.3 Deputies. appointing authority of the jurisdiction.The Building Official shall be appointed by the chief 103.2 Appointment. created and the official in charge thereof shall be known as the Building Official.The Department of Building is hereby 103.1 Creation of enforcement agency. RESERVEDBUILDING SAFETY.DEPARTMENT OF SECTION 103ENFORCEMENTAND -2 PARTVOTFBC 2 Department of Building- Section 104 of the provisions of this codenot be liable for cost in any action, suit or proceeding that is instituted in pursuance final termination of the proceedings. The Building Official or any subordinate shall until the jurisdictionVillagethe code shall be defended by legal representative of member in the lawful discharge of duties and under the provisions of this boardor member because of an act performed by that officer, employee, boardemployee, or omission in the discharge of official duties. Any suit instituted against an officer, accruing to persons or property as a result of any act or by reason of an act or liable personally and is hereby relieved from personal liability for any damage rendered civilly or criminallyother pertinent law or ordinance, shall not thereby be good faith and without malice in the discharge of the duties required by this code or in jurisdictionVillagecharged with the enforcement of this code, while acting for the The Building Official, member of the board of appeals or employee 104.8 Liability. Reserved.defense.Legal \[A\]104.8.1Reserved.Liability.\[A\] 104.8VOTFBC 2 Duties & Powers of the Building Official- LEGISLATIVE CHANGES MADE TO THE CODE Section of the application. the application properly completed or to determine the sufficiency Advise the applicant of information, if any, that is needed to deem Deny the application; orApprove the application with conditions;Approve the application;Determine if the application is properly completed; days after receiving such information: within 30 days after receiving the request, the local government must, within 15 applicant submits the requested additional information to the local government If a local government requests additional information from an applicant and the applicant waives such limitation in writing. request additional information from the applicant more than three times, unless the a local government may not permit,When reviewing an application for a building 105.3.1.3 Reviewing application for building permit.Legislative Changes Permits-105 Section sufficiency of the application. deem the application properly completed or to determine the Advise the applicant of information, if any, that is needed to Deny the application; or Approve the application with conditions; Approve the application; Determine if the application is properly completed; within 10 days after receiving such information:30 days after receiving the request, the local government must, requested additional information to the local government within information from the applicant and the applicant submits the If a local government makes a second request for additional 105.3.1.3 Reviewing application for building permit. Cont’d Legislative Changes Permits-105 Section application, approve the application with conditions, or deny the application.the applicant's request, must process the application and either approve the by ordinance, rule, statute, or other legal authority, the local government, at If the applicant believes the request for additional information is not authorized Deny the application. Approve the application with conditions; orApprove the application;in writing, determine that the application is complete and: such information unless the applicant waived the local government's limitation receiving the request, the local government must, within 10 days after receiving requested additional information to the local government within 30 days after additional information from the applicant and the applicant submits the to resolve outstanding issues. If a local government makes a third request for must be offered an opportunity to meet with the local government to attempt Before a third request for additional information may be made, the applicant 105.3.1.3 Reviewing application for building permit. Cont’d Legislative Changes Permits-105 Section building permit application.building permit or as a requirement for the submission of a contract between a builder and an owner for the issuance of a shall not require a The Village of Tequesta . 105.3.8 Contract-of a building permit application.a requirement for the submission issuance of a building permit or as builder and an owner for the require a contract between a A local government may not 105.3.8VOTFBC Permits-105 Section information to the permit holder in writing.chapters and sections upon which the finding is based, and provide the that do not comply with the applicable codes, identity the specific code issued, the local enforcing agency must identify the specific plan features requires substantive changes to the plans or specifications after a permit is makes or a local enforcing agency local amendments thereto. If the Village Building Code, the Florida Fire Prevention Code, or the Life Safety Code, or the Florida specifications except changes required for compliance withmay not make or require any substantive changes to the plans or agencythe local enforcing issues a permit, it agencyAfter the Village 105.4.1.6. Legislative Changes Permits-105 SECTION 110 (Milestone Inspections)23 -IS ADDRESED WITH ORDINANCE 13MANDATORY STRUCTURAL INSPECTIONSINSPECTIONS- Section structure or system, or create liability for any damage to the property.continuing obligation on the part of the Building Official to continue with maintaining such building, secured, repaired, or required to remain vacant or unused. Taking such action does not create a structure, electrical, gas, mechanical or plumbing system or portion thereof, to be demolished, and after having ascertained the cost, the Building Official may take action to cause such building, an enforcement board and request a hearing. In the case of the violation posing a serious threat, or plumbing system or portion thereof, the Building Official, acting as a code inspector, shall notify repair, rehabilitation or to demolish, and remove said building, structure, electrical, gas, mechanical or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to In case the owner, agent, or person in control cannot be found within the stated time limit, 116.1.3making the required repairs or of demolishing same.or for any person to enter the building, or use the building or system(s) except for the purpose of agents, or other servants, to remove the posting without written permission of the Building Official, demolition is completed. It shall be unlawful for any person, firm or corporation or its officers, BUILDING OFFICIAL. This placard shall remain posted until the required repairs are made or stating: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE by the Building Official. The Building Official shall post at each entrance to the building a placard reconnected until the specified repairs and improvements are completed, inspected and approved plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or If necessary, the notice shall also require the building, structure, electrical, gas, mechanical, 116.1.2 RESERVEDEQUIPMENTAND UNSAFE VOT FBC Unsafe Structures and Equipment-116 Section deemed unsafe.provided for in this section. A vacant structure that is not secured against entry shall be down and removed or made safe, as the Building Official deems necessary and as maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken life or the public welfare, or that involve illegal or improper occupancy or inadequate and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human insanitary or deficient because of inadequate means of egress facilities, inadequate light Structures or existing equipment that are or hereafter become unsafe, .116.2 Conditionsnecessary, and for this purpose may close a public or private way.the protection of the public by appropriate fence or such other means as may be deem necessary. He/she may order the vacating of adjacent structures and may require stands, or abutting land or structures, which such assistance and at such cost as he may removal. For this purpose, he/she may at once enter such structure or land on which it gas, mechanical or plumbing system or portion thereof to be made safe or cause its the property of others. He/she shall promptly cause such building, structure, electrical, the opinion of the Building Official, involve imminent danger to human life or health, or The decision of the Building Official shall be final in cases of emergency, which, in 116.1.4RESERVEDEQUIPMENTAND UNSAFE VOT FBC Unsafe Structures and Equipment-116 Section responsible for the structure shall constitute service of notice upon the owner.of such notice in the foregoing manner upon the owner’s agent or upon the person posted in a conspicuous place in or about the structure affected by such notice. Service letter is returned showing that the letter was not delivered, a copy thereof shall be delivered in any other manner as prescribed by local law. If the certified or registered to the owner at the last known address with the return receipt requested; or (c) is (a) delivered to the owner personally; (b) sent by certified or registered mail addressed Such notice shall be deemed properly served if a copy thereof 116.5 Method of service. immediately to the Building Official acceptance or rejection of the terms of the order.within a stipulated time. Such notice shall require the person thus notified to declare to abate the unsafe condition, or that requires the unsafe structure to be demolished condition deemed unsafe and specifies the required repairs or improvements to be made owner, agent or person in control of the structure, a written notice that describes the . If an unsafe condition is found, the Building Official shall serve on the 116.4 Noticecondition.The report shall state the occupancy of the structure and the nature of the unsafe . The Building Official shall cause a report to be filed on an unsafe condition. 116.3 RecordRESERVEDEQUIPMENTAND UNSAFE VOT FBC Unsafe Structures and Equipment-116 Section creates a presumption of fraud.Statutes, before a transfer of property, and failure to make the required disclosures magistrate or court is required to make disclosures as outlined in Chapter 162, Florida The owner of property that is subject to an enforcement proceeding before the special magistrate in accordance with the provisions set forth in Chapter 162, Florida Statutes. structures and equipment will be conducted before the Village of Tequesta special . Violation proceedings and hearings for unsafe 116.7 Enforcement proceedings; hearingthe requirements of Section 105.2.2 and the Florida Building Code, Existing Building.structure, such repairs, alterations, additions and change of occupancy shall comply with additions are made or a change of occupancy occurs during the restoration of the Building Official is restored to a safe condition, to the extent that repairs, alterations or Where the structure or equipment determined to be unsafe by the .116.6 RestorationRESERVEDEQUIPMENTAND UNSAFE VOT FBC Unsafe Structures and Equipment-116 Section days of the execution of the order to be appealed.the record created before the enforcement board. An appeal shall be filed within 30 Such an appeal shall not be a hearing de novo but shall be limited to appellate review of administrative order of an enforcement board or special magistrate to the circuit court. . An aggrieved party, including the Village of Tequesta, may appeal a final 116.9 Appealincurred as a result of actions taken pursuant to Section 114 are charged to the violator.past the date set for compliance, the special magistrate may impose a fine. All costs time set for compliance, for each day thereafter during which said violation continues Whenever one of the orders of the special magistrate has not been complied with by the before the special magistrate shall be recovered where the jurisdiction prevails. . All costs associated with taking a case 116.8 Administrative fines; costs to repair; liensRESERVEDEQUIPMENTAND UNSAFE VOT FBC Unsafe Structures and Equipment-116 Questions?