HomeMy WebLinkAboutDocumentation_Regular_Tab 17_2/8/2024 Agenda Item #17.
Regular Council
STAFF MEMO
Meeting: Regular Council - Feb 08 2024
Staff Contact: Wayne Cameron Department: Building
ORDINANCE 19-23, SECOND 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 274 of 590
Agenda Item #17.
• - 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
Ord 19-23 Fiscal Impact Statement FBCCh 1 Local Amendments 2024
Ord 19-23 Ordinance FBC Ch 1 Teguesta Approved (3)
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Agenda Item #17.
Fiscal Impact Statement
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 local amendments to Chapter 1.
Administration, of the Florida Building Code 8t" Edition, (2023).
This Fiscal Impact Statement is provided in accordance with Section 553.73(4)(h), Florida
Statutes, and may be revised following its initial posting.
Summary of the proposed ordinance (including a statement of public purpose).
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 administrative chapter 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,
administrative portions of the Florida Building Code. Recent changes in state law that have
been passed are included in these local Chapter 1 amendments. These include the
Milestone requirements, certain low voltage permitting requirements, unsafe structures
and the timeline of reviewing the application for a building permit.
Estimate of direct economic impact of the proposed ordinance on for profit
businesses within the Village, including compliance costs, fees, and expenses.
There are no direct compliance costs above any that would be realized under the model
administrative Chapter 1 of the Florida Building Code. In other words, the Village's local
amendments to Chapter 1 will have no direct compliance cost to local businesses.
There are also no additional fees that will be imposed as a result of these local Chapter 1
amendments. This ordinance does not increase any fees which are set by separate
resolution of the Village Council from time to time and therefore will have no direct
compliance cost to local businesses..
Finally, by law, building code related expenses are meant to cover the cost of running the
building department and implementing the Florida Building Code within the Village. This
ordinance does not change the Village's current regulatory structure or costs in any way and
therefore will have no direct compliance cost to local businesses.
Good faith estimate of the number of businesses likely to be impacted by the
proposed ordinance.
Any business in the Village of Tequesta required to apply for a building permit will be
impacted by this ordinance.
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Agenda Item #17.
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
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Agenda Item #17.
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.
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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 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.
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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 XII 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.
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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, 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 II (Section 553.501-553.513, Florida Statutes) relating to
accessibility by persons with disabilities shall apply to such mobile or modular
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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.
Q) 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.
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
II 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
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395, Florida Statutes, and Part II 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
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exceed 1,000 square feet (93 m2) 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, 1 b, 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.
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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 Section101.4, 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
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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.
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.
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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 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
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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
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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 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
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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.
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.
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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 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.
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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 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.
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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.
105.3.1.1 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
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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 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.
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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:
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:
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"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 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,
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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 days from the date the initial permit became null and void, the
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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
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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 permit
or approval, issued under the provisions of this code, when there has been any false
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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 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.
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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 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
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Agenda Item #17.
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).
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Agenda Item #17.
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 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.
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Agenda Item #17.
(v) 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.
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Agenda Item #17.
(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
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 & 61 G15 Florida Administrative Code or
Chapter 481, Florida Statutes & 61 G1 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.
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Agenda Item #17.
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.
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Agenda Item #17.
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 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
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Agenda Item #17.
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.
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
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Agenda Item #17.
"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 61 G15-
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.
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Agenda Item #17.
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
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).
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Agenda Item #17.
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
Design loads
Wind requirements
Building envelope
Impact resistant coverings or systems
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Agenda Item #17.
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
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Agenda Item #17.
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
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)
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Agenda Item #17.
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
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)
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Agenda Item #17.
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
Wading pools
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Agenda Item #17.
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.
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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
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.
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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
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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 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.
110.1.2 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
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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.
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
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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
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.
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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.
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
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•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.
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
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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.
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.
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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.
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.
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-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.
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.
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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 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
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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), confirmation 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.
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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.
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 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.
110.8.3 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
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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.
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
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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 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.
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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.
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
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
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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
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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
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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, 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.
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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 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
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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;
Section 8: This Ordinance shall take effect immediately upon adoption.
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