HomeMy WebLinkAboutOrdinance_05-12_05/10/2012 ORDINANCE NO. 5-12
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING ITS CODE OF ORDINANCES AT
CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. TO UPDATE
REFERENCES TO THE FLORIDA BUILDING CODE, THE STANDARD
HOUSING CODE, THE 1NTERNATIONAL PROPERTY MAINTENANCE
CODE AND THE NATIONAL ELECTRICAL CODE; AND TO ADOPT
LOCAL AMENDMENTS TO CHAPTER 1 OF THE FLORIDA BUILDING
CODE; FURTHER REPEALING CERTAIN OBSOLETE CODE •
REFERENCES TO FIRE DISTRICTS; 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.
VVHEREAS, the Florida legislature, at Section 553.73 Florida Statutes, has provided for
the statewide adoption and application of the Florida Building Code; and
WHEREAS, Section 553.73(4)(A) Florida Statutes, provides that local governments may
adopt local amendments to the administrative provisions of the Florida Building Code that are
more stringent than the minimum state administrative standards; and
WHEREAS, the 2010 Florida Building Code will go into effect March 15, 2012; and
WHEREAS, The Palm Beach County Building Code Advisory Board has prepared local
amendments to Chapter l. Administration of the 2010 Florida Building Code, which are more
stringent than the minimum state administrative standards, and recommends all local
jurisdictions adopt said local amendments; and
WHEREAS, the Village's Building Official recommends the village adopt said local
amendments; and
WHEREAS, in addition to other local jurisdictions, Palm Beach County is adopting said
local amendments; and
WHEREAS, in conjunction with the adoption of the 2010 Florida Building Code, the
Village Council desires to update its entire Chapter 14. Buildings and Building Regulations. in
order to repeal obsolete code provisions and adopt by reference the most updated versions of the
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National Electrical Code, the Standard Housing Code, and the International Property
Maintenance Code, currently used by the village; and
WHEREAS, the Village Council believes these revisions to Chapter 14. Buildings and
Building Regulations. will be in the best interest, and will promote the health, safety and welfare
of the citizens of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 14. Buildings and Building Regulations. of the Code of
Ordinances of the Village of Tequesta is hereby amended to update references to the Florida
Building Code, the Standard Housing Code, the International Property Maintenance Code and
the National Electrical Code, and to adopt local amendments to Chapter 1 of the Florida Building
Code; providing that Chapter 14 shall hereafter read as follows:
CHAPTER 14.
BUILDINGS AND BUILDING REGULATIONS
ARTICLE I. IN GENERAL
[This Article shall remain in full force and effect as previously adopted]
ARTICLE II. BUILDINGS
Sec.14-31. Florida Building Code Adopted.
The most current edition of the Florida Building Code, �nnn oa;+:,.,,� of which copies
have been and are now filed in the office of the building official of the village, is hereby adopted
and incorporated as if set forth at length herein and from the date on which this section shall take
effect, the provisions therein shall be controlling in the area of jurisdiction of the village.
Sec. 14-32. Local amendments to Chanter 1 Administ of the
Florida Building Code adopted.
The Villa�e of Teauesta adonts the followin� local amendments to the Florida Buildin�
Code. Chanter 1. Administration,
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+��n and from the date on which this section shall take effect, the provisions therein shall
be controlling in the area of jurisdiction of the village.
Chanter 1 Administration
Table of Contents
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Section 101 GENERAL
Section 102 APPLICABILITY
Section 103 BUILDING DEPARTMENT
Section 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL
Section 105 PERMITS
Section 106 FLOOR AND ROOF LOADS
Section 107 CONSTRUCTION DOCUMENTS
Section 108 TEMPORARY STRUCTURES AND USES
Section 109 FEES
Section 110 INSPECTIONS
Section 111 CERTIFICATES OF OCCUPANCY AND COMPLETION
Section 112 SERVICE UTILITIES
Section 113 BUILDING BOARD OF ADJUSTMENTS AND APPEALS
Section 114 VIOLATIONS
Section 115 STOP WORK ORDERS
Section 116 IJNSAFE STRUCTURES AND EOUIPMENT
Section 117 TESTS
Section 118 (RESERVEDI
Section 119 SEVER.ABILITY
CHAPTER 1
ADMINISTRATION
SECTION 101
GENERAL
101.1 Title. These reaulations shall be known as the Florida. Buildin� Code hereinafter referred to
as "this code."
101.2 Scone. The nrovisions of this code shall annlv to the construction. alteration. movement
enlar�ement. renlacement. renair. eauinment. use and occunancv. location. ma.intenance. removal
and demolition of everv buildin� or structure or anv abnurtenances connected or attached to such
buildin�s or structures in the Villa�e of Teauesta
Excentions:
1. Detached one- and two-familv dwellin�s and multinle sin�le-familv dwellin�s
(townhousesl not more than three stories above �rade nlane in hei�ht with a senarate
means of e�ress and their accessorv structures shall comnlv with_the Florida Buildin�
Code�,Residential.
2. Existin� buildin�s under�oin� renair, alterations or additions and chan�e of occunancv sha11
comblv with the Florida Buildin� Code. Existin� Buildin�.
101.2.1 Annendices. Provisions in the annendices sha11 not annlv unless snecificallv
adonted•
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101.2.2 Florida Buildin� Code. Residential Construction standards or nractices which
are not covered bv Florida Buildin� Code, Residential volume shall be in accordance
with the nrovisions of Florida Buildin� Code. Buildin�.
101.3 Intent. The numose of this code is to establish_the minimum reauirements to safe�uard
the nublic health. safetv and �eneral welfare throu�h structural stren�th. means of e�ress
facilities. stabilitv, sanitation, adeauate li�ht and ventilation. ener�v conservation. and safetv
to life and nronertv from fire and other hazards attributed to the built environment and to
provide safetv to fire fi�hters. code officials. and emer�encv resnonders durin� emer�encv
onerations.
101.3.1 Oualitv Control. Oualitv control of materials and workmanshin is not within the
purview of this code excent as it relates to the nurnoses stated herein.
101.3.2 Warrantv and Liabilitv. The nermittin� and insnection of anv buildin�. svstem_
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or lan bv the villa�e, under the reauirements of this code. shall not be construed in anv
court as a warrantv of the nhvsical condition of such buildin�, svstem, or nlan, or their
adeauacv. The villa�e shall not be liable in tort for dama�es or hazardous or ille�al
condition or inadeauacv in such buildin�. sv_stem. or nlan. nor for anv failure of anv
comnonent of such. which mav occur subseauent to such insnection or nermittin�.
Further. no Buildin� Denartment emnlovee_ shall be liable in tort for dama�e from such
conditions. in accordance with Section 768.28(9)(a) F.S., as mav be amended.
101.4 Referenced codes. The other codes listed in Sections 10141 throu�h 1014 9 and
referenced elsewhere in this code shall be considered nart of the reauirements of this code to the
nrescribed extent of each such reference.
101.4.1 Electrical. The nrovisions of Chanter 27 of the Florida Buildin� Code. Buildin�
sha11 antilv to the installation of electrical svstems includin� alterations renairs
renlacement. eauinment annliances, fixtures. fittin�s and annurtenances thereto.
101.4.2 Gas. The nrovisions of the International Fuel Gas Code with the Florida Fuel Gas
Code Sunblement shall annlv to the installation of �as ninin� from the noint of deliverv
�as a�nliances and related accessories as covered in this code. These reauirements annlv
to �as ninin� svstems extendin� from the noint of deliverv to the inlet connections of
annliances and the installation and oneration of residential and commercial �as annliances
and related accessories.
101.4.3 Mechanical. The nrovisions of the Florida Buildin� Code. Mechanical shall annlv to
the installation. alterations. renairs and renlacement of inechanical svstems. includin�
e uinment annliances. fixtures. fittin�s andJor antiurtenances. includin� ventilatin�.
heating, coolins. air-conditionin� and refri�eration svstems. incinerators and other
ener�v-related svstems.
101.4.4 Plumbing. The nrovisions of the Florida. Building Code. Plumbin� shall annlv to
the installation. alteration. renair and renlacement of nlumbin� svstems. includin�
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eauinment annliances fixtures fittin�s and abburtenances and where connected to a water
or sewase svstem and a11 asnects of a medical gas svstem.
101.4.5 Pronertv maintenance. Reserved.
101.4.6 Fire nrevention. For nrovisions related to fire nrevention. refer to the Florida Fire
Prevention Code. The Florida. Fire Prevention Code shall annlv to matters affectin� or
relatin� to structures. nrocesses and nremises from the hazard of fire and exnlosion
arising from the stora�e. handlin� or use of struchues. materials or devices: from
conditions hazardous to life, pronertv or nublic welfare in the occunancv of structures or
nremises: and from the construction_ extension. renair. alteration or removal of fire
unnression and alarm svstems or fire hazards in the structure or on the nremises from
occunancv or oneration.
101.4.7 EnerQV. The nrovisions of the Florida Buildin� Code. Ener�v Conservation shall
a lv to all matters �overnin� the design and construction of buildin�s for ener�v
efficiencv.
101.4.8 Accessibilitv. For brovisions related to accessibilitv. refer to Florida Buildin� Code,
�ccessibilitv.
1014 9 Manufac�ured buildin�s For addirional administrative and snecial code
re uirements. see Section 428, Florida Buildin� Code. Building. and Rule 9B-1 F.A C
SECTION 102
APPLICABILITY
1021 General Where in anv snecific case different sections of this code snecifv different
materials, methods of construction or other reauirements. the most restrictive shall �overn.
Where there is a conflict between a�eneral reauirement and a snecific reauirement the s ecific
reauirement shall be abnlicable.
102.1.1 The Florida Building Code does not abnlv to. and no code enforcement
action shall be brou�ht with resnect to zonin� reauirements land use reauirements and
owner snecifications or nro�rammatic reauirements which do not bertain to and
�overn the desi�n. construction. erection. alteration. modification, renair or
demolition of nublic or nrivate buildin�s structures or facilities or to nrosrammatic
reauirements that do not nertain to enforcement of the Florida Buildin� Code.
Additionallv. the villa�e shall not use its code enforcement nrocess to administer or
enforce the Florida Buildins Code. Buildin� to nrevent the siting of anv nubliclv owned
facilitv, includins, but not limited to. correctional facilities. iuvenile iustice facilities. or
state universities, communitv colleses. or bublic education facilities. as nrovided bv law.
102.2 Buildin�. The nrovisions of the Fiorida Buildin� Code shall annlv to the construction.
erection. alteration. modification, renair. eauinment use and occunancv, location. maintenance.
removal and demolition of everv nublic and nrivate buildin�. structure or facilitv or floatin�
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residential structure. or anv annurtenances connected or attached to such buildinss, structures or
facilities. Additions. alterations. rebairs and chanses of use or occunancv �roun in all buildin�s
and structures shall comnlv with the nrovisions nrovided in Chanter 34 of this code and the Florida
Buildin� Code. Existing Buildins. The followin� buildinss. structures and facilities are exemnt
f�om the Florida Building Code as nrovided bv law. and anv further exemntions shall be as
determined bv the le�islature and nrovided bv law:
(al Buildins and structures snecificallv regulated and nreemnted bv the federal �overnment.
1 Ra.ilroads and ancillarv facilities associated with the railroad.
(cl Nonresidential farm buildin�s on farms.
dl Temnorarv buildinss or sheds used exclusivelv for construction nurnoses.
�el Mobile or modular structures used as temnorarv offices. excent that the brovisions of Part
V(Section 553.501-553.513. F.S,I relatin� to accessibilitv bv nersons with disabilities. and
ermits shall be reauired for structural sunnort and tie down, electrical sunnlv, and
all utilitv connections to such mobile or modular structures.
fl Those structures or facilities of electric utilities. as defined in Section 366.02, F.S.. which are
directiv involved in the �eneration, transmission or distribution of electricitv.
�l Temnorarv sets, assemblies or structures used in commercial motion bicture or television
�roduction, or anv sound-recordin� eauinment used in such nroduction, on or off the nremises.
(hl Chickees constructed bv the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of
Florida. As used in this narasranh, the term "chickee" means an onen-sided wooden hut that has a
thatched roof of nalm or palmetto or other traditional materials.
Excention: Electrical or nlumbin� work or connection. or other non-wood features shall not be
exemnted from this code.
(il Service nrovider water. sewer, storm, sas. cable. telenhone, or other similar utilitv svstems axe
exemnt to the noint of service connection for the buildins or structure.
(il Familv mausoleums not exceedin� 250 sauare feet in area which are nrefabricated and
assembled on site or nreassembled and delivered on site and have wa11s. roofs, and a floor
constructed of �ranite, marble. or reinforced concrete.
(kl Temnorarv housin� nrovided bv the Denartment of Corrections to anv nrisoner in the state
correctional svstem.
102.2.1 In addition to the reauirements of Section 553.79 and 553.80. F.S._ facilities
subiect to the nrovisions of Chapter 395. F.S. (Hosnital Licensin� and
Re�ulationl. and Chanter 400. F.S. Parts II and VIII (Nursin� Homesl, shall have
facilitv nlans reviewed and construction surveved bv the state a�encv authorized to do
so under the reauirements of Chatiter 395. F.S.. and Chanter 400. F.S.. Parts II and
VIII, and the certification reauirements of the federal �overnment.
102.2.2 Buildings or structures for residential uses moved into or within the villa�e shall
not be reauired to be brousht into comnliance with the state minimum buildin� code in
force at the time the buildin� or structure is moved. nrovided:
1. The buildin� or structure is structurallv sound and in occuniable condition for its
intended use:
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2. The occunancv use classification for the buildin� or structure is not chan�ed as a result
of the move:
3. The buildin� is not substantiallv remodeled:
4. Current fire code reauirements for in�ress and eeress are met•
5. Electrical. sas and nlumbin� svstems meet the codes in force at the time of ori�inal
construction and are onerational and safe for reconnection;
6. Foundation blans are sealed bv a nrofessional en�ineer or architect licensed to
bractice in this state, if reauired bv the annlicable Florida Statutes for all
buildings or structures of the same residential occunancv class; and
7. The reauirements of Florida Buildin� Code. Existing Buildin� are also satisfied.
102 2 3 The buildin� official shall annlv the same standaxd to a moved residential
buildin� or structure as that abnlied to the remodelin� of anv comnarable residential
buildin� or structure to determine whether the moved structure is substantiallv
remodeled.
102.2.4 This section does not annlv to the iurisdictio an authoritv of the Denartm of
Aericulture and Consumer Services to insnect amusement rides or the Denartment of
Financial Services to insbect state-owned buildin�s and boilers.
102 2 5 Each enforcement district shall be �overned bv a board. the comnosition of
which shall be determined bv the affected localities.
1. At its own ontion, each enforcement district or local enforcement asencv mav
adont rules �ranting to the owner of a sin�le-familv residence one or more
exemntions from the Florida Buildin� Code relatin� to:
a. Addition. alteration, or renairs nerformed_bv the nronertv owner unon his or her own.
� nrovided anv addition or alteration shall not exceed 1.000 sauare foot or the sauare
foota�e of the of the nrima�rv structure, whichever is less.
b. Addition. alteration, or renairs bv a non-owner within a certain cost limitation set bv
rule, urovided the total cost shall not ex ceed $5.000 within anv 12 month neriod.
c. Buildins insnection fees.
2. However. the exemntions under subnarasranh 1. do not annlv to sin�le-familv
residences that are located in manned flood hazard areas. as defined in the code, unless
the enforcement district or local enforcement a�encv has determined that the work.
which is otherwise exemnt, does not constitute a substantial imnrovement, includin� the
repair of substantial dama�e, of such sin�le-familv residences.
3. Each code exemntion, as defined in sub-s ubnarasranhs l.a.. b., and c.. shall be
certified to the local boaxd 10 davs nrior to imnlementation and shall onlv be effective
in the territorial iurisdiction of the enforcement district or local enforcement a�encv
imnlementin� it.
4. However. each enforcement district or local enforcement a�encv mav establish
an alternative nermittin� nro�ram for renlacin� nonstructural comnonents of
buildin� svstems in a residential d welling unit. A licensed contractor nerformin� such
work for the resident shall also be exemnt from individ nermits and insnec if
either the owner or the licensed contractor obtains a valid Annual Permit ner Section
105 1 1 of this Code and all such work is renorted as reauired in Section 105.1.2 of this
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Code for comnliance evaluation. No added canacitv, svstem exnansion or new buildin�
work of anv tvne shall be excluded from individual nermit and insnection bv this
nrovision.
102.2.6 This Code does not annlv to swin�s and other nlavQround eauinment accessorv to a
one- or two-familv dwellin�.
Ezcention: Electrical service to such nlav�round eauinment shall be in accordance with
Chabter 27 of this code.
102.3 Annlication of references. References to chanter or section numbers, or to nrovisions not
snecificallv identified bv number. sha11 be construed to refer to such chanter, section or urovision
of this code.
102.4 Referenced codes and standards. The codes and standards referenced in this code shall be
considered nart of the reauirements of this code to the nrescribed extent of each such reference
Where differences occur between nrovisions of this code and referenced codes and standards,
the nrovisions of this code shall annlv.
102.5 Reserved.
102.6 Existin� structures. The le�al occunancv of anv structure existing on the date of adontion of
this code shall be nermitted to continue without chan�e. excent as is sbecificallv covered
in this code. the Codes referenced in Section 101.4. or the Florida Fire Prevention Code. or as is
deemed necessarv bv the building official for the �eneral safetv and welfare of the
occunants and the nublic.
102.7 Relocation of manufactured buildin�s.
1. Relocation of an existin� manufactured buildin� does not constitute an alteration.
2. A relocated building shall comnlv with wind sneed reauirements of the new location. usin�
the annronriate wind sneed man. If the existin� buildin� was manufactured in comnliance with
the Standard Buildin� Code (nrior to March 1. 20021. the wind sneed man of the Standard
Buildin� Code shall be annlicable. If the existin� buildin� was manufactured in comnliance
with the Florida Buildin� Code (after March 1. 20021. the wind sneed man of the Florida
Buildin� Code shall be annlicable.
3. A relocated buildin� shall comnlv with the flood hazard area reauirements of the new
location. if ant�licable
102.8 Existin� mechanical eauinment. The villa�e mav not reauire that existin� mechanical
eauinment on the surface of a roof be installed in comnliance with the reauirements of the
Florida Buildin� Code until the eauinment is reauired to be removed or renlaced.
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SECTION 103
BUILDING DEPARTMENT
103.1 Establishment. There is herebv established a denartment to be called the Buildin�
Denartment and the person in char�e shall be known as the Buildin� Official. All code officials
emnloved bv the denartment shall be certified in accordance with Chanter 468, Part XII. F.S.
103.2 Reserved.
103.3 Restrictions on emnlovees. An officer or emnlovee connected with the denartment.
excent one whose onlv connection is as a member of the board established bv this code, shall not
be fmanciallv interested in the furnishin� of labor, material. or annliances for the construction
alteration or maintenance of a building structure service svstem or in the making of nlans or
of snecifications thereof. unless he/she is the owner of such. This officer or emnlovee shall not
en�a�e in anv other work which is inconsistent with their duties or conflict with the interests of
the denartment. excent as instructors.
SECTION 104
DUTIES AND POWERS OF THE
SUILDING OFFICIAL
104.1 General. The buildins official is herebv authorized and directed to enforce the nrovisions
of this code. The buildin� official shall have the authoritv to render internretations of this code.
and to adont nolicies and nrocedures in order to clarifv the annlication of its nrovisions. Such
interaretations, nolicies and nrocedures shall be in comnliance with the intent and nuraose of this
code. Such nolicies and nrocedures shall not have the effect of waivins reauirements snecificallv
provided for in this code.
104.2 Annlications and nermits. The buildin� official shall receive annlications. review
construction documents and issue bermits for the erection. and alteration. demolition and movin�
of buildin�s. structures. and service svstems. insnect the nremises for which such nermits have
been issued and enforce comnliance with the nrovisions of this code.
104.3 Notices and orders. The buildin� official shall issue all necessarv notices or orders to
ensure compliance with this code.
104.4 Insnections. The buildin� official shall make all of the reauired insnections. or the
buildin� official shall have the authoritv to accent renorts of insnection bv annroved a�encies or
individuals. Renorts of such insnections shall be in writin� and be certified bv a resnonsible
officer of such annroved asencv or bv the resnonsible individual. The buildin� official is
authorized to ensase such exnert oninion as deemed necessarv to rebort unon unusual technical
issues that arise. subiect to the annroval of the annointing authoritv.
104.5 Identification. The buildin� official shall carrv nroner identification, as issued bv the
villa�e. when insnectins structures or nremises in the nerformance of duties under this code.
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104.6 Ri�ht of entrv.
104.6.1 Where it is necessarv to make an insnection to enforce anv of the nrovisions of
this code, or where the buildin� official has reasonable cause to believe that there exists
in anv building or ubon anv nremises anv condition or code violation which makes such
buildin�, structure, or nremises, unsafe. dan�erous or hazardous. the buildin� official is
authorized to enter the buildin�. structure or nremises at all reasonable times to insnect or
to nerform anv dutv imnosed bv this code. nrovided that if such buildins, structure or
premises are occunied. that credentials be nresented to the_occubant and entrv reauested.
If such buildin�. structure. or nremises are unoccunied. the building official shall first
make a reasonable effort to locate the owner or other nersons having char�e or control of
the buildin�, structure. or nremises, and reauest entrv. If entrv is refused. the buildin�
official shall have recourse to everv remedies brovided bv law to secure entrv.
104.6.2 When the buildin� official shall have first obtained a nroner insnection
warrant in accordance with Chanter 933. F.S. or other remedv nrovided bv law to secure
entrv. no owner or occunant or anv other nersons havin� chax�e. care or control of anv
buildin�, structure, or nremises shall fail or neglect. after nroner reauest is made as herein
provided, to bromntiv bernut entrv therein bv the buildin� official for the nuraose of
insnection and examination nursuant to this code.
104.7 Denartment records. The villa�e's buildin� denartment shall keen official records of
applications received, nermits and certificates issued. fees collected. renorts of insnections. and
notices and orders issued. Such records shall be retained in the official records for the neriod
reauired for retention of nublic records ner Chanter 119. F.S.
104.8 Liabilitv. The buildin� official. member of the board of anneals or emnlovee char�ed with
the enforcement of this code. while actin� for the villa�e in �ood faith and without malice in the
dischar�e of the duties reauired bv this code or other nertinent law or ordinance, sha11 not
therebv be rendered liable bersonallv and is herebv relieved from_ nersonal liabilitv for anv
damase accruin� to nersons or nronertv as a result of anv act or bv reason of an act or omission
in the dischar�e of official duties. Anv suit instituted a�ainst an officer or emnlovee or member
because of an act nerformed bv that officer or emnlovee or member in the lawful dischar�e of
duties and under the nrovisions of this code shall be defended bv le�al ren resentativ e of the
vill until the final termination of the nroceedinss. The buildins official or anv sub ordinate
shall not be liable for cost in anv action suit or nroceeding that is institute in bursuan of the
provisions of this code.
104.9 Annroved materials and eauiument. Materials. eauinmen and devices annro bv
the buildin� official shall be constructed and installed in accordance with such annroval.
104.9.1 Used materials and eauinment. The use of used. recvcled. or reclaimed
materials which meet the reauirements of this code for new materials is nermitted.
Used eauinment and devices shall not be reused _ unless annroved bv the
buildins of� cial.
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104.10 Modifications. Wherever there are nractical difficulties involved in carrvin� out the
rovisions of this code. the buildin� ofFcial shall have the authoritv to �rant modifications for
individual cases, unon ant�lication of the owner or owner's rebresentative, nrovided the buildin�
official shall first find that snecial individual reason makes the strict letter of this code
imnractical and the modification is in comnliance with the intent and nuroose of this code and
that such modification does not lessen health. accessibilitv. life and fire safetv. or structural
reauirements. The details of action �rantin� modifications shall be recorded and entered in the
files of the building denartment.
104.11 Alternative materials, desi�n and methods of construction and eauinment. The
nrovisions of this code are not intended to nrevent the installation of anv material or to
nrohibit anv desisn or method of construction not snecificallv nrescribed bv this code.
rovided that anv such alternative has been abbroved. An alternative material. desi�n or
method of construction shall be annroved where the buildin� official finds that the nronosed
desi�n is satisfactorv and comnlies with the intent of the nrovisions of this code. and that the
material, method or work offered is. for the nurnose intended. at least the eauivalent of that
nrescribed in this code in aualitv. stren�th, effectiveness. fire resistance, durabilitv and safetv.
When alternate life safetv svstems are desi�ned. the SFPE Engineerin� Guide to
Perforxnance-Based Fire Protection Analvsis and Desi�n of Buildin�s. or other methods
a nroved bv the building official mav be used. The buildin� official shall reauire that sufficient
evidence or nroof be submitted to substantiate anv claim made resardins the alternative.
104.11.1 Research renorts. Sunnorting data. where necessarv to assist in the annroval of
materials or assemblies not snecificallv nrovided for in this code, shall consist of valid
research renorts from annroved sources.
104.11.2 Tests. Whenever there is insufficient evidence of comnliance with the nrovisions
of this code. or evidence that a material or method does not conform to the reauirements
of this code. or in order to substantiate claims for alternative materials or methods. the
buildin� official shall have the authoritv to reauire tests as evidence of comnliance to be
made at no exnense to the iurisdiction. Test methods shall be as st�ecified in this code or bv
other recomized test standards. In the absence of recognized and accented test methods. the
building official shall annrove the testing nrocedures. Tests shall be nerformed bv an
a�nroved a�encv. Reborts of such tests sha11 be retained bv the buildin� ofFicial for the
period reauired for retention of t�ublic records.
104.11.3 Accessibilitv. Alternative desi�ns and technolo�ies for brovidin� access to and
usabilitv of a facilitv for nersons with disabilities shall be in accordance with
nrovisions of the Florida Buildins Code. Accessibilitv.
104.12 Reauirements not covered bv code. Anv reauirements necessarv for the streneth
stabilitv or nrober oneration of an existin� or nronosed buildin�, structure, electrical. �as
mechanical or nlumbin� svstem. or for the bublic safetv. health and seneral welfare. not
snecificallv covered bv this or the other technical codes, shall be determined bv the buildin�
official.
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SECTION 105
PERMITS
105.1 Reauired. Anv contractor, owner, or a�ent authorized in accordance with Chanter 489.
F.S. who intends to construct. enlarse. alter. renair. move. demolish. or chan�e the occunancv of
a buildin� or structure. or to erect, install. enlarge. alter, renair, remove, convert or reulace anv
imnact-resistant coverin�s. electrical. �as. mechanical, nlumbin� or fire nrotection svstem. or
accessible or flood resistant site element. the installation of which is re�ulated bv this code. or to
cause anv such work to be done, shall first make annlication to the buildin� official and obtain the
reauired nermit.
105.1.1 Annual facilitv nermit. In lieu of an individual nermit for each alteration to an
existin� electrical. sas. mechanical. nlumbin� or interior nonstructural office svstem(sl.
the buildin� official is authorized to issue an annual nermit for anv occunancv to
facilitate routine or emer�encv service. renair. refurbishing. minor renovations of
service svstems. or manufacturin� eauinment installations/relocations. The buildin�
official shall be notified of maior chan�es and shall retain the ri�ht to make insnections at
the facilitv sites as deemed necessarv. An annual facilitv nermit shall be assessed with an
annual fee and shall be valid for one vear from date of issuance. A senarate nermit shall be
obtained for each facilitv and for each construction trade. as abnlicable. The nermit
abblication shall contain a�eneral descrintion of the narameters of work intended to be
erformed durin� the vear.
105.1.2 Annual nermit records. The nerson to whom an annual nermit is issued shall
keen a detailed record of alterations made under such annual nermit. The buildin�
official shall have access to such records at all times or such records shall be filed
with the building official as desi�nated. The buildin� official is authorized to revoke
or withhold the issuance of the future annual bermits if code violafions are found to exist.
105.1.3 Food nermit. As ner Section 500.12, F.S.. a food bermit from the Denartment
of A�riculture and Consumer Services is reauired of anv nerson who oberates a food
establishment or retail store.
105.2 Work exemnt from nermit. Exemntions from nermit reauirements of this code shall not
be deemed to �rant authorization for anv work to be done in anv manner in violation of the
rovisions of this code or anv other laws or ordinances of this iurisdiction. Permits shall not be
reauired for the followin�:
Building•
1. Buildin� bermits are not reauired for renlacement or renair work havins value of less than
1.000.00. nroviding, however. that such work will not adverselv affect the structural
inteeritv. fire ratins. exit access or e�ress reauirements.
2. Paintin�. nanerins. tilins, carnetins. cabinets. counter tons and similar finish work. with no
electrical or nlumbin� work.
3. Temnorarv motion bicture, television and theater sets and scenerv.
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4. Swin�s and other nlav�round eauinment accessorv to detached one- and two-familv
dwellings. but thev mav be subi ect to Zoning nerxnits.
5. Retractable awnin�s sunt�orted bv an exterior wall and do not reauire additional sunnort of
Grouns R-3 and U occubancies. but thev mav be subiect to Zonin� nermits.
6. Non fixed and movable fixtures. cases, racks. and counters not over 5 feet 9 inches (1753
mml in hei�ht.
Electrical•
1. Renairs and maintenance: Renair or renlacement of like common household electrical
fixtures. switches. and outlets on the load side of the electrical source. Minor renair work.
includin� the renlacement of lamns or the connection of annroved nortable electrical
eauinment to annroved nermanentiv installed recentacles.
2. Radio and television transmittin� stations: The nrovisions of this code shall not annlv to
electrical eauinment used for radio and television transmissions. but do annlv to eauinment
and wirin� for a nower sunnlv and the installations of towers and antennas.
3. Temnorarv testin� svstems: A nermit shall not be reauired for the installation of anv
temnorarv svstem reauired for the testin� or servicin� of electrical eauinment or annaratus
Gas•
1. Portable heatin� annliance.
2. Renlacement of anv minor nart that does not alter annroval of eauinment or make such
eauinment unsafe.
Mechanical•
1. Portable heatin� annliance. .
2. Portable ventilation eauinment.
3. Portable coolin� unit.
4. Steam. hot or chilled water ninin� within anv heatin� or coolin� eauinment re�ulated bv this
code.
5. Renlacement of anv nart which does not alter its annroval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refri�eration svstem containul� 10 nounds (4.54 k�l or less of refri�erant and
actuated bv motors of 1 horsenower (746 Wl or less.
8. The installation. renlacemen� removal or meterin� of anv load manasement control device.
Plumbin�•
1. The stonnin� of leaks in drains. water. soil. waste or vent nibe nrovided. however, that if anv
concealed tran. drain nine. water, soil, waste or vent nine becomes defective and it becomes
necessarv to remove and renlace the same with new material. such work shall be considered as
new work and a nermit sha11 be obtained and insnection made as nrovided in this code.
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2. The clearin� of stonnages or the renairing of leaks in nines. valves or fixtures. and the
removal and reinstallation of water closets. nrovided such renairs do not involve or reauire the
renlacement or rearran�ement of valves. nines or fixtures.
3. e renlacement of common household nlumbin� fixtures to existin� sunnlv lines and
outlets. This does not include water heaters.
105.2.1 Emer�encv renairs. Where eauinment renlacements and renairs must be
performed in an emer�encv situation. the nermit annlication shall be submitted
within the next workin� business dav to the buildin� official. Notification shall be �iven
to the buildin� official includin� the work address. nature of emer�encv and scone of
work immediatelv. or bv next business dav.
105.2.2 Minor renairs. Ordinarv minor renairs or installation of renlacement narts mav
be made with the anbroval of the buildin� official. without a nermit, nrovided the renairs
do not include the cuttin� awav of anv wall nartition or nortion thereof the removal or
cutting of anv structural beam or load-bearin� sunnort. or the removal or chan�e of anv
reauired means of eeress, or rearran�ement of narts of a structure affectin� the e�ress
reauirements: nor shall ordinarv minor renairs include addition to. alteration of. renlacement
or relocation of anv standnine. water sunnlv. sewer, draina�e. drain leader, �as, soil. waste.
vent or similar ninin�, electric wirin� svstems or mechanical eauibment or other work
affectin� nublic health or �eneral safetv, and such renairs shall not violate anv of the
provisions of the technical codes.
105.2.3 Public service a�encies. A bermit shall not be reauired for the installation,
alteration or renair of �eneration. transmission. distribution or meterin� or other related
eauinment that is under the ownershin and control of nublic service a�encies bv
established ri�ht.
105.3 Annlication for nermit. To obtain a nermit. the annlicant shall first file an annlication
therefore in writin� on a form furnished bv the debartment for that nurnose. Permit anblication
forms shall be in the format nrescribed bv a local administrative board, if annlicable. and must
otherwise comnlv with the reauirements of Sections 713.135(S) and (6). F.S. Each annlication
shall be inscribed with the date of annlication, and the code in effect as of that date. For a
buildin� nermit for which an ant�lication is submitted brior to the effective date of the Florida
Buildin� Code, the state minimum buildin� code in effect in the t�ermittin� iurisdiction on the date
of the annlication �overns the nermitted work for the life of the nermit and anv extension
�ranted to the nermit.
105.3.1 Action on annlication. The buildin� official shall examine or cause to be
examined a lications for nermits and amendments thereto within a reasonable time after
filin . If the anblication or the construction documents do not conform to the reauirements
of nertinent laws. the buildin� official shall reiect such annlication in writin�. statin� the
reasons therefore. If the buildin� official is satisfied that the nronosed work conforms to the
reauirements of this code and laws and ordinances annlicable thereto. the building
official shall issue a nermit therefore as soon as nracticable. When authorized throu�h
contractual a�reement with a school board. in actin� on annlications for nermits. the
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buildins official shall �ive first nrioritv to anv annlications for the construction of or
addition or renovation to. anv school or educational facilitv.
105.3.1.1 If a state universitv Florida colle�e or nublic school district elects to
use the villa�e's code enforcement offices. fees char�ed bv the villa�e for enforcement
of the Florida Buildin� Code on buildin�s. structures. and facilities of state
universities. state colle�es and nublic school districts shall not be more than the
actual labor and administrative costs incurred for nlans review and insnections to
ensure comnliance with the code
105.3.1.2 No nermit mav be issued for anv buildin� construction. erection_
alteration. modification. rebair. or addition unless the annlicant for such nermit
nrovides to the villa.�e anv of the followin� documents which annlv to the
construction for which the nermit is to be issued and which shall be nrenared bv or
under the direction of an en�ineer re�istered under Chanter 471. F.S.:
1. Anv electrical or nlumbin� or air-conditionin� and refri�eration svstem
meetin� the followin� thresholds are reauired to be desi�ned bv a Florida
Re�istered En�ineer. The svstem:
A. Reauires an electrical or nlumbin� or air-conditionin� and refri�eration
svstem with a value of over $125.000; and
B.
1 Reauires an a��regate service canacitv of over 600 amneres (240 voltsl
on a residential electrical svstem or over 800 amneres (240 voltsl on a
commercial or industrial electrical svstem.
2) Reauires a nlumbin� svstem with 250 fixture units or more.
31 Reauires Hea.tin�, ventilation and air-conditionin� svstem that exceeds a
15-ton-ner-svstem cabacitv. or if the nroiect is d to accommodate
over 100 nersons.
2. Fire snrinkler documents for anv new building or addition which includes a fire
s rinkler svstem which contains 50 or more snrinkler heads. A Contractor I.
Contractor II or Contractor IVi certified under Section 633.521. FZoNida
Statutes. mav desi�n a fire snrinkler svstem of 49 or fewer heads and mav
desi�n the alteration of an existin� fire sbrinkler svstem if the alteration cansists
of the relocation addition or deletion of not more than 49 heads
notwithstandin� the size of the existin� fire snrinkler svstem.
3. An snecialized mechanical. electrical. or nlumbin� document for anv new
buildin� or addition which includes a medical �as. oxv�en. steam. vacuum.
toxic air filtration. halon. or fire detection and alarm svstem which costs more
than $5.000.
Documents reauirin� an en�ineer seal bv this nart sha11 not be valid unless a nrofessional
en�ineer who nossesses a valid certificate of re�ish�ation has si�ned. dated._and sealed such
document as nrovided in Section 471.025. F.S.
105.3.2 Time limitation of annlication. An annlication for a nermit for anv nronosed
work shall be deemed to have been abandoned and invalid six months after the date
15
of filing, or for anv six month neriod of abandonment or susnension durin� the
annlication nrocess. unless such annlication has been nursued in �ood faith or a nermit
has been issued: excent that the buildin� official is au#horized to �rant one_or more
extensions of time for additional neriods not exceedin� three months each T'he e�rtension
sha11 be reauested in writin� nrior to the abandonment date and iustifiable cause
demonstrated. Abandoned annlications sha11 be subiect to destruction in accordance with
state law. The fee for renewal re-issuance and extension of a nernut annlication shall be
as contained in the villa,�e's comnrehensive fee schedule as set forth bv resolution of the
villa�e council. There mav be fees or reauirements from other �overnment a�encies for
ermit annlication extensions and renewals.
105.3.3 An enforcing authoritv mav not issue a buildin� nermit for anv building
construction. erection. alteration. modification. renair or addition unless the nermit either
includes on its face or there is attached to the nermit the followin� statement• "NOTICE•
In addition to the reauirements of this nermit. there mav be additional
restrictions annlicable to this nronertv that mav be found in the nublic records of this
countv such as the reauirement for Home or Pronertv Owners Association annroval. and
there mav be additional nermits reauired from other �overnmental entities such as water
mana�ement districts. state a�encies or federal a�encies."
105.3.4 A buildin� nermit for a sin�le-familv residential dwellin� must be issued
within 30 workin� davs of annlication therefore unless unusual circumstances
reauire a lon�er time for nrocessin� the annlication or unless the nermit annlication
fails to satisfv the Florida Buildin� Code or the villa�e's laws or ordinances.
105.3.5 Identification of minimum nremium nolicv Excent as otherwise nrovided in
Chanter 440. F.S.. Workers' Comnensation. everv emnlover shall, as a condition to
receiving a buildin� nermit, show nroof tha it has secured comnensation for its
emnlovees as nrovided in Sections 440.10 and 440.38. F.S.
105.3.6 Asbestos removal. Movin� removal or disnosal of asbestos-containin� materials
on a residential buildin� where the owner occunies the buildin�, the buildin� is not for
sale or lease. and the work is nerformed accordin� to the owner-builder limitations
provided in this nara�ranh. To aualifv for exemntion under this nara�ranh, an owner must
nersonallv aanear and sim the buildin� nernut annlication. The nermittin� a�encv sha11
rovide the nerson with a disclosure statement in substantiallv the followin� form:
Disclosure Statement: State law reauires asbestos abatement to be done bv licensed
contractors. You have annlied for a nermit under an exemntion to that law The
exemntion allows vou. as the owner of vour nronertv to act as vour own asbestos
abatement contractor even thou�h vou do not have a license. You must sunervise the
construction vourself. You mav move. remove or disnose of asbestos-containins materials
on a residential buildin� where vou occunv the buildin� and the buildin� is not for
sale or lease. or the buildin� is a farm outbuildin�_on vour nronertv. If vou sell or
lease such buildin� within 1 vear after the asbestos abatement is comnlete,_the law will
presume that vou intended to sell or lease the nronerlv at the time the work was done.
16
which is a violation of this exemntion. You mav not hire an unlicensed berson as vour
contractor. Your work must be done accordin� to all local state and federal la and
regulations which annlv to asbestos abatement nroiects. It is vour resnonsibilitv to make
sure that neonle emnloved bv vou have licenses reauired bv sta.te law and bv countv or
municinal licensin� ordinances.
105.3.7 Annlicable Code for Manufactured Buildin�s. Manufacturers should be
nermitted to comnlete all buildin�s desi�ned and annroved nrior to the effective date of a
new code edition. brovided a clear si�ned contract is_in nlace. The contract shall nrovide
snecific data mirrorin� that reauired bv an annlication for nermit. snecificallv. without
limitation. date of execution. buildin� owner _or dealer. _and anticinated date of
comnletion. However. the construction activitv must commence within 6 months of the
contract's execution. The contract is subiect to verification bv the Denartment of
Communitv Affairs.
105.3.8 Public ri�ht of wav. A nermit shall not be �iven bv the buildin� official for the
construction of anv building. or for the alteration of anv buildin� where said buildin� is to
be chan�ed and such chan�e will affect the_ exterior walls. bavs, balconies. or other
a nenda�es or nroiections frontin� on anv street. allev or nublic lane, or for the nlacin�
on anv lot or nremises of anv buildin� or structure removed from another lot or nremises_
unless the annlicant has received a ri�ht of wav nermit from the authoritv havin�
'urisdiction over the street. allev or nublic lane.
105.4 Conditions of the nermit. The issuance or �rantin� of a nermit shall not be construed to
be a nermit for. or an annroval of. anv violation of anv of the nrovisions of this code or of anv
other ordinance of the villa�e. Permits nresumin� to sive authoritv to violate or cancel the
nrovisions of this code or other ordinances of the village shall not be valid. The issuance of a
permit based on construction documents and other data shall not nrevent the buildin� official
from reauirin� the correction of errors in the construction documents and other data The
buildin� official is also authorized to nrevent occunancv or use of a structure where in violation
of this code or of anv other ordinances of the villa�e.
105.4.1 Permit intent. A nermit issued shall be construed to be a license to nroceed with
the work and not as authoritv to violate. cancel, alter or set aside anv of the nrovisions of
the technical codes. nor sha11 issuance of a nermit nrevent the building official from
thereafter reauirins a correction of errors in nlans. construction or violations of this code
Everv nermit issued shall become invalid unless the_work_authorized bv such nermit is
commenced within 6 months after its issuance. or if the work authorized bv such nermit is
susnended or abandoned for a neriod of 6 months after the time the work is commenced
105.4.1.1 If work has commenced and the nermit is revoked becomes ull and
void or exnires because of lack of nro�ress or abandonment. a new nermit or
revalidation of the ori�inal nermit coverin� the nronosed construction sha11 be obta.ined
before nroceedins with the work.
17
105.4.1.2 If a new nermit, or revalidation of the ori�inal nermit. is not obtained within
s� months from the date the initial nernut became null and void. the buildin� official is
authorized to reauire that anv work which has been commenced or comnleted be
removed from the buildin� site. Alternatelv. a new bernut mav be issued on anblication,
nrovidin� the work in nlace and reauired to comnlete the structure meets a11 annlicable
reaulations in effect at the time the initial nermit became null and void and anv
re�ulations which mav have become effective between the date of exniration and the
date of issuance of the new nermit.
105.4.1.3 Work shall be considered to be in active nro�ress when the nermit has
received an anbroved insnection within six months. This nrovision shall not be
apnlicable in case of civil commotion or strike or when the building work is halted due
directiv to iudicial iniunction. order or similar nrocess. or due to action bv an
environmental or archeolo�ical a�encv having iurisdiction. The buildin� official is
authorized to �rant. in writin�. one or more extensions of time. for neriods not more
than 3 months each. The extension sha11 be reauested in writin� and iustifiable cause
demonstrated. nrior to exniration.
105.4.1.4 The fee for renewal. reissuance. and extension of a nermit sha11 be as
contained in the village's comnrehensive fee schedule as set forth bv resolution of the
villa e council. There mav be fees or reauirements from other �overnment a�encies
for nermit extensions and renewals.
105.5 Ezniration. Reserved
105.6 Susnension or Revocation of nermits
105.6.1 Misrenresentation of annlication. The buildin� official mav susnend or revoke
a ermit or at�nroval, issued under the nrovisions of this code. in case there has been anv
false statement or misrenresentation as to the material fact in the annlication or nlans on
which the nermit or annroval was based.
105.6.2 Violation of code nrovisions. The buildin� official mav susbend or revoke a
nernut unon determination bv the buildin� official that the construction. erection.
alteration. renair, movin�, demolition. installation, or renlacement of the buildin�,
structure, electrical, �as. mechanical or nlumbin� svstems for which the tiermit was
issued is in violation of, or not in conformitv with. the nrovisions of this code.
105.7 Placement of nermit. The building nermit or conv shall be kent on the site of the work until
the comnletion of the nroi ect.
105.8 Notice of commencement. As ner Section 713.135. F.S.. when anv nerson annlies for a
buildin� nermit. the villa�e shall nrint on the face of each nermit card in no less than 14-noint
canitalized. boldfaced tvne: "WARNING TO OWNER: YOUR FAILURE TO RECORD A
NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYIl�iG TWICE FOR
IMPROVEMENTS TO YOUR PROPERTY. IF YOU 1NTEND TO OBTAIN FINANCING
18
CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR
NOTICE OF COMMENCEMENT."
105.9 Asbestos. The villa�e shall reauire each buildin� nermit for the demolition or renovation of
an existin� structure to contain an asbestos notification sta.tement which indicates the owner's or
o erator's resnonsibilitv to comnlv with the nrovisions of Section 469.003. F.S.. and to notifv the
Denartment of Environmental Protection of his or her intentions to remove asbestos. when
a nlicable, in accordance with state and federal law. Refer to Section 105.3.6 "Asbestos
Removal" above. for additional reauirements.
105.10 Certificate of nrotective treatment for nrevention of termites. A weather-resistant iob-
site nosting board shall be nrovided to receive dunlicate treatment certificates shall be nrovided
as each reauired brotective treatment is comnleted, sunnlvin� one conv for the nerson the
nermit is issued to and another conv for the buildins nermit files. The treatrnent certificate shall
�rovide the nroduct used. identitv of the abnlicator. time and date of the treatment. site location.
area treated. chemical used, nercent concentration and number of gallons used. to esta.blish a
verifiable record of protective treatment. If the soil chemical barrier method for termite
prevention is used. final exterior treatment shall be comnleted brior to final buildin� annroval.
For a bait svstem. see Section 1816.1.7 of the Florida Buildins Code for contract document
reauirements.
105.11 Notice of termite nrotection. A nermanent sien which identifies the ternute treatrnent
nrovider and need for re-insnection and treatment contract renewal shall be nrovided. The si�n
shall be nosted near the water heater or electric nanel.
' 105.12 Work startin� before nermit issuance. Unon written reauest and annroval of the
building official. the scone of work delineated in the building nermit annlication and nlan mav
be started nrior to the final annroval and issuance of the nermit, nrovided anv work comnleted is
entirelv at risk of the nernut annlicant and the work does not nroceed nast the first reauired
insnection. This nrovision is onlv for the Florida Buildins Code; all other Asencv annrovals
necessarv for construction must be secured nrior to this nrovision beins annlied.
105.13 Phased nermit annroval. After submittal of the annronriate construction documents. the
buildin� official is authorized to issue a nernut for the construction of foundations or anv other nart
of a buildin� or structure before the construction documents for the whole buildin� or structure
have been submitted. The holder of such nermit for the foundation or other uarts of a
buildin� or structure shall nroceed at the holder's own risk with the building oneration and
without assurance that a nermit for the entire structure will be �ranted. Corrections mav be reauired
to meet the reauirements of the technical codes. This nrovision is onlv for the Florida Buildin�
Code. all other A�encv annrovals necessarv for construction must be secured nrior to this
rovision bein� annlied.
105.14 Permit issued on basis of an affidavit. The buildin� official mav accent a sworn affidavit
from a re�istered architect or ensineer statin� that the blans submitted conform to the technical
codes. For buildin�s and stractures. the affidavit shall state that the vlans conform to the laws as
to e�ress, tvne of construction and �eneral arran�ement and, if accomnanied bv drawin�s, show
19
the structural desi�n and that the blans and desi�n conform to the reauirements of the technical
codes as to stren�th. stresses. strains. loads and stabilitv. Whenever a nermit is issued in reliance
u�on an affidavit or whenever the work to be covered bv a nermit involves installation under
conditions which. in the obinion of the buildin� official, are hazardous or comnlex. the
buildin� of�cial shall reauire that the architect or engineer who si�ned the affidavit or
�ret�ared the drawings or comnutations shall insnect such work. The buildin� official mav
without anv examination or insnection accent such affidavit. tirovided the architect or en�ineer
who made such affidavit a�rees to submit to the buildin� official conies of insnection renorts as
insbections are nerformed. In addition. thev shall certifv conformitv to the nermit, and unon
comnletion of the structure. electrical. �as. mechanical or blumbin� svstems make and file with
the buildin� official written affidavit that the work has been done in conformitv to the
reviewed nlans and that the structure. electrical. sas, mechanical or nlumbing svstem has been
erected in accordance with the reauirements of the technical codes. Where the buildin� official
relies unon such affidavit. the architect or en�ineer shall assume full responsibilitv for
com liance with all nrovisions of the technical codes and other nertinent laws or ordinances In
the event such architect or en�ineer is not available. the owner shall emnlov in his stead a
comnetent berson or a�encv whose aualifications axe reviewed bv the buildin� official. The
building official shall ensure that anv berson conductin� nlans review is aualified as a nlans
examiner under Chanter 468. F.S.. Part XII and that anv nerson conductin� insnections is
aualified as a buildin� insnector under Chanter 468. F.S. Part XII. Nothin� aforesaid sha11
preclude vlan review or insnections bv the building official.
105.15 O enin� nrotection. When anv activitv reauirins a buildin� nermit that is anblied for on
or after Julv 1. 2008. and for which the estimated cost is $50.000 or more for a site built sin�le
familv detached residential structures that is located in the wind borne debris re�ion as defined in
this Code and that has an insured value of $750.000 or more. or. if the site built sin�le familv
detached residential structures is uninsured or for which documentation of insured value is not
resented, has a iust valuation for the structure for nurooses of ad valorem ta�ation of $750.000
or more: onenin� nrotections as reauired within this Code or Florida Buildin� Code. Residential
for new construction shall be nrovided.
Ezcention: Sin�le familv residential structures nermitted subiect to the Florida Building Code
are not reauired to comnlv with this section.
SECTION 106
FLOOR AND ROOF DESIGN LOADS
106.1 Live loads nosted. Where the live loads for which each floor or nortion thereof of a
commercial or industrial buildin� is or has been desi�ned to exceed 50 nsf (2.40 kN/m21. such
desi�n live loads shall be consbicuouslv nosted bv the owner in that nart of each storv in which
thev annlv. usin� durable siQns. It shall be unlawful to remove or deface such notices
106.2 Issuance of certificate of occunancv. A certificate of occunancv reauired bv Section 111
shall not be issued until the floor load signs. reauired bv Section 106.1, have been installed.
20
106.3 Restrictions on loadin�. It shall be unlawful to nlace. or cause or nermit to be nlaced. on
anv floor or roof of a buildin�. structure or nortion thereof, a load Qreater than is nermitted bv
this code.
SECTION 107
SUBMITTAL DOCUMENTS
107.1 General. Submittal documents consistin� of construction documents, statement of snecial
insnections. �eotechnical renort and other data shall be submitted in two or more sets with each
nermit annlication. T'he construction documents shall be nrenared bv a registered desiQn
brofessional where reauired bv Chanter 471. F.S. & 61G-15 F.A.C. or Chante� 481. F.S. &
61G-1 F.A.C. Where snecial conditions exist. the buildins official is authorized to reauire
additional construction documents to be nrenared bv a re�istered desi�n nrofessional. Electronic
media documents shall be submitted when reauired bv the building official. and mav reauire
onlv one set of submittals.
Excention: The building official is authorized to waive the submission of construction
documents and other data not reauired to be nrenared bv a re�istered desi�n
professional if it is found that the nature of the work annlied for is such that review of
construction documents is not necessarv to obtain comnliance with this code.
If the design nrofessional is an architect. interior designer. landscabe architect. or en�ineer
legallv resistered under the laws of this state re�ulatin� the nractice of architecture or interior
desi�n as nrovided for in Chanter 481. F.S.. Part I. or landscane architecture as nrovided for in
Chanter 481. F.S.. Part II. or en�ineerin� as nrovided for in Chanter 471. Florida Statutes. then
he or she shall afF� his or her official seal to said drawin�s, snecifications and accomnanvin�
data. as reauired bv Florida Statute.
107.2 Construction documents. Construction documents shall be in accordance with Sections
107.2.1 throu�h 107.2.5.
107.2.1 Information on construction documents. Construction documents shall be
dimensioned and drawn unon suitable material. Electronic media documents shall be
submitted when annroved bv the buildinE official. Construction documents shall be of
sufficient claritv to indicate the location. nature and extent of the work nronosed
and show in detail that it will conform to the nrovisions of this code and relevant laws.
ordinances, rules and re�ulations. as determined bv the buildin� official. Such drawin�s
and snecifications shall conta.in information. in the form of notes or otherwise. as to the
ualitv of materials. where aualitv is essential to conformitv with the technical codes.
Such information shall be stiecific. and the technical codes shall not be cited as a whole
or in nart. nor shall the term "le�a1" or its eauivalent be used as a substitute for snecific
information. All inforxnation. drawin�s. snecifications and accomnanvin� data sha11 bear
the name and si�nature of the nerson resnonsible for the desisn. (See also Section
107.3.5 .
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107.2.1.1 Fire nrotection svstem shon drawin�s. Shon dxawinss for the fire
rotection svstem(sl sha11 be submitted to indicate conformance with this code and the
construction documents and shall be annroved nrior to the start of svstem installation.
Sho drawings sha11 contain all information as reauired bv the referenced installation
standards in Chanter 9.
107.2.1.2 For roof assemblies reauired bv the code. the construction documents shall
illustrate, describe and delineate the tvne of roofin� svstem. materials. fastenin�
re uirements. flashin� reauirements and wind resistance rating that are reauired to be
installed. Product evaluation and installation shall indicate comnliance with the
wind criteria reauired for the snecific site or a statement bv an architect or ensineer for
the specific site must be submitted with the construction documents.
107.2.1.3 AddiHonal data. The buildin� official mav reauire details. comnutations
stress dia�rams. and other data necessaxv to describe the construction or installation
and the basis of calculations. All drawin�s. snecifications and accomnanvin� data
reauired bv the buildin� official to be nrenared bv an architect or en�ineer shall be
affixed with their official seal. si�nature and date as state law reauires.
107.2.1.4 Oualitv of buildin� nlans. Buildin� nlans shall be drawn to a minimum 1/8
inch scale unon substantial naner. cloth or oYher accenta.ble medium. The buildin�
official mav esta.blish throu�h deuartmental nolicv. other standards for nlans and
s ecifications. in order to nrovide conformitv to its record retention nro�ram. This
olicv mav include such thin�s as minimum size. shane, contrast, claritv, or other
items related to records mana�ement. Electronic media must be comnatible with the
archive reauirements of Florida Statutes.
107.2.2 Reserved.
107.2.3 Means of e�ress. The construction documents shall show in sufficient detail the
location. construction, size and character of all nortions of the means of e�ress in
comnliance with the nrovisions of this code. In other than occunancies in Grouns R-2. R-
3. and I-1, the construction documents sha.11 desi�nate the number of occuuants to be
accommodated on everv floor. and in all rooms and snaces.
107.2.4 Exterior wall envelone. Construction documents for all buildin�s shall describe
the exterior wall envelone in sufficient detail to determine comnliance with this code. The
construction documents shall nrovide details of the exterior wall envelone as reauired.
includin� flashin�. intersections with dissimilar materials. corners. end details, control
'oints. intersections at roof. eaves or naranets, means of drainage. water-resistive
membrane and details around onenin�s. The construction documents shall include
manufacturer's installation instructions that nrovide sunnortins documenta.tion that the
ronosed nenetration and onenin� details described in the construction documents
mainta.in the weather resistance of the exterior wall envelone. The sunnortin�
documentation shall fullv describe the exterior wall svstem which was tested. where
a nlicable, as well as the test nrocedure used.
22
107.2.5 Site nlan. The construction documents_submitted with the annlication for nermit
shall be accomnanied bv a site nlan showine to scale the size and location of new
construction and existin� structures on the site. distances from lot lines. the established
street grades and the nronosed finished �rades and. as annlicable. flood hazard areas
floodwavs, and desi�n flood elevations: and it shall be drawn in accordance with an
accurate boundarv line survev. In the case of demolition. the _ site nlan shall show
construction to be demolished and the location and size of existin� structures and
construction that are to remain on the site or nlot The buildin� official is autho to
waive or modifv the reauirement for_ a site nlan when the annlication for nermit is for
alteration or rebair or when otherwise warranted.
107.2.5.1 Desi�n flood elevations. Where desi�n flood elevations are not snecified.
thev shall be established in accordance with Section 1612 3 1
107.3 Examination of documents. The buildin� official shall examine or cause to be examined the
accomnanvin� submittal documents and shall ascertain bv such examinations whether the
construction indicated and described is in accordance with the reauirements of this code and
other nertinent laws or ordinances.
Excentions•
1. Buildin� nlans abnroved nursuant to Section 553.77(5). F.S.. and state-annroved
manufactured buildin�s are exemnt from local codes enforcin� a�encv nlan reviews excent
for nrovisions of the code relatin� to erection. assemblv or construction at the site. Erection
assemblv (includin� utilitv crossover connectionsl_and construction at the site are subiect to
local nermitting and insnections. Photoconies of nlans annroved accordins to 9B-1.009.
F.A.C.. shall be sufficient for local nermit annlication documents of record for the modular
buildin� bortion of the nermitted nroiect.
2. Industrial construction on sites where desi�n, construction and fire safetv axe sunervised bv
abnronriate licensed desi�n and insnection nrofessionals and which contain adeauate in-house
fire denartments and rescue sauads is exemnt, subiect to annroval bv the buildin� official.
from review of nlans and insnections. nrovidin� the annronriate licensed desi�n and insnection
rofessionals certifv that annlicable codes and standards have been met and sunnlv
annrobriate annroved drawin�s to local buildin� and fire-safetv insnectors.
107.3.1 Anuroval of construction documents. When the buildin� official issues a nermit.
the construction documents shall be noted in writin� or bv stamn as "Reviewed for Code
Comnliance." One set of construction documents so reviewed shall be retained bv the
buildin� official. The other set shall be returned to the annlicant. shall be kent at the site of
work and sha11 be onen to insnection bv the building official or a dulv authorized
renresentative.
107.3.2 Previous annrovals. This code shall not reauire chan�es in the construction
documents. construction or desi�nated occunancv of a structure for which a lawful nermit
has been heretofore issued or otherwise lawfullv authorized and the construction of
23
which has been nursued in �ood faith within 6 months after the effective date of this
code and has not been abandoned.
107.3.3 Phased aunroval. The buildin� official is authorized to issue a nermit for the
construction of foundations or anv other nart of a buildin� or structure before the
construction documents for the whole buildin� or structure have been submitted
nrovided that adeauate information and detailed statements have been filed comnlvin�
with nertinent reauirements of this code. The holder of such nermit for the foundation or
other narts of a buildin� or structure shall nroceed at the holder's own risk with the
buildin� oneration and without assurance that a uermit for the entire structure will be
r�
107.3.4 Design urofessional in resnonsible char�e.
107.3.4.1 General. When it is reauired that documents be nrenared bv a re�istered
desi�n nrofessional, the buildin� official shall be authorized to reauire the owner to
en�a�e and desiQnate on the buildin� nermit annlication a registered desi�n
rofessional who shall act as the resistered desien nrofessional in resnonsible char�e.
If the circumstances reauire, the owner shall desi�nate a substitute re�istered desi�n
rofessional in resnonsible char�e who shall nerform the duties reauired of the
orisinal re�istered desisn nrofessional in resnonsible char$e. The buildin� official
shall be notified in writin� bv the owner if the resistered desi�n nrofessional in
resnonsible char�e is chan�ed or is unable to continue to nerform the duties. The
resistered desi�n nrofessional in resnonsible char�e shall be responsible for reviewin�
and coordinating submittal documents nrebared bv others, includins nhased and
deferred submittal items. for comnatibilitv with the desisn of the buildin�. Those
roducts which are resulated bv Chat�ter 9N-3 F.A.C. shall be reviewed and annroved
in writin� bv the desi�ner of record nrior to submittal for iurisdictional annroval.
107.3.4.2 Deferred submittals. For the numoses of this section. deferred submittals
are defined as those nortions of the desisn that are not submitted at the time of the
a plication and that are to be submitted to the buildins official within a snecified
neriod. Deferral of anv submittal items shall have the brior annroval of the buildin�
official. 'The resistered desi�n nrofessional in resnonsible char�e shall list the
deferred submittals on the construction documents for review bv the buildin� official.
Documents for deferred submittal items shall be submitted to the re�istered desi�n
nrofessional in resnonsible char�e who shall review them and forward them to the
buildin� official with a notation indicatins that the deferred submittal documents have
been reviewed and found to be in �eneral conformance to the desi�n of the buildin�.
The deferred submittal items sha11 not be installed until the deferred submittal
documents have been annroved bv the buildin� official.
107.3.4.3 Ce�cations bv contractors authorized under the brovisions of Section
489.115 F.S.. shall be considered eauivalent to sealed nlans and snecifications bv a
nerson licensed under Chanter 471. F.S.. or Chante� 481 F.S.. bv the villa�e for nlans
review for nernuttins nurposes relatin� to comnliance with the wind-r esistance
24
nrovisions of the code or alternate methodolo�ies annroved bv the Florida Buildin�
Commission for one and two-familv dwellin�s. The villa�e mav relv unon such
certification bv contractors that the nlans and snecifications submitted conform to the
reauirements of the code for wind resistance. Unon �ood cause shown, the villa�e's
code enforcement officer mav accent or reiect t�lans sealed bv nersons licensed
under Chapters 471,481 or 489. F.S.
107.3.5 Minimum nlan review criteria for buildings. The examination of the documents
bv the buildin� official shall include the followin� minimum criteria and documents: a
floor nlan; site nlan; foundation nlan: floor/roof framins nlan or truss lavout: all
fenestration nenetrations: flashin�: and roush onenin� dimensions; and all exterior
elevations:
107.3.5.1 Commercial Suildin�s:
107.3.5.1.1 Buildin�
1. Site requirements:
P�
Fire access
Vehicle loading
Drivin�/turnin� radius
Fire hvdrant/water sunnlv/nost indicator valve (PIVI
Set back/senaration (assumed nronertv linesl
Location of snecific tanks, water lines and sewer lines
Flood hazard axeas, flood zones. and desi�n flood elevations.
2. Occunancv aroun and sbecial occunancv reauirements shall be determined.
3. Minimum tvae of construction sha11 be deternvned (see Table 5031.
4. Fire-resistant construction reauirements sha11 include the followin�
comnonents:
Fire-resistant senarations
Fire-resistant brotection for tvpe of construction Protection of onenin�s
and nenetrations of rated walls
Fire blockin� and draft-stonnin� and calculated fire resistance
5. Fire sunnression svstems shall include:
Earlv warning smoke evacuation svstems
Schematic fire sbrinklers
Standnit�es
Pre-engineered svstems
Riser diasram
6. Life safetv svstems shall be determined and shall include the followin�
requirements:
Occunant load and e�ress canacities
Earlv warnin�
Smoke control
Stair pressurization
25
Svstems schematic
7. Occunancv load/e�ress reauirements sha11 include:
Occunancv load
Gross
Net
Means of esress
Exit access
Exit
Exit dischar�e
Stairs construction/�eometrv and nrotection
Doors
Emer�encv li�htin� and exit si�ns
Specific occunancv reauirements
Construction reauirements
Horizontal exits/exit nassa�ewavs
8. Structural reauirements shall include:
Soil conditions/analvsis
Termite nrotection
Design loads
Wind reauirements
Buildin� envelone
Structural calculations (if reauiredl
Foundation
Flood reauirements in accordance with Section 1612. includin� lowest
floor elevations. enclosures, flood dama�e-resistant materials
Wa11 svstems
Floor svstems
Roof svstems
Threshold insnection nlan
Stair svstems
9. Materials shall be reviewed and sha11 at a minirnum include the followin�•
Wood
Steel
Aluminum
Concrete
Plastic
Glass
Masonrv
Gvt�sum board and nlaster
Insulatin� (mechanicall
Roofin
Insulation
10. Accessibilitv reauirements shall include the followins:
Site reauirements
Accessible route
Vertical accessibilitv
26
Toilet and bathin� facilities
Drinkin� fountains
Eauinment
Snecial occunancv reauirements
Fair housin� reauirements
11. Interior reauirements sha11 include the followin�:
Interior finishes (flame st�read/smoke develonmentl
Lisht and ventilation
Sanitation
12. Snecial svstems:
Elevators
Escalators
Lifts
107.3.5.1.2 Electrical
1. Electrical:
Wirin
Services
Feeders and branch circuits
Overcurrent nrotection
Groundin�
Wirin� methods and materials
GFCIs
2. Eauinment.
3. Snecial occunancies.
4. Emer�encv svstems.
5. Communication svstems.
6. Low volta�e.
7. Load calculations.
8. Desisn flood elevation .
107.3.5.1.3 Plumbin�
1. Minimum nlumbin� facilities.
2. Fixture reauirements.
3. Water sunblv ninin�.
4. Sanitarv drainase.
5. Water heaters.
6. Vents.
7. Roof draina�e.
8. Back flow nrevention.
9. Irri�ation.
10. Location of water sunnlv line.
11. Grease trans.
12. Environmental reauirements.
27
13. Plumbin� riser.
14. Desi�n flood elevation .
107.3.5.1.4 Mechanical
1. Exhaust svstems:
Clothes drver exhaust
Kitchen eauinment e�aust
S ecialtv e�aust svstems
2. Eauinment.
3. Eauinment location.
4. Make-un air.
5. Roof-mounted eauinment.
6. Duct svstems.
7. Ventilation.
8. Combustion air.
9. Chimnevs. firenlaces and vents.
10. Abnliances.
11. Boilers.
12. Refri�eration.
13. Bathroom ventilation.
14. Laboratorv.
15. Design flood elevation.
107.3.5.1.5 Gas
l. Gas ninin�.
2. Ventin .
3. Combustion air.
4. Chimnevs and vents.
5. Annliances.
6. Tvne of sas.
7. Firenlaces.
8. LP tank location.
9. Riser dia�ram/shutoffs.
10. Desi�n flood elevation.
107.3.5.1.6 Eneruv Calculations
107.3.5.2 Demolition
l. Asbestos removal.
1.07.3.5.3 Residential (One and Two-Familvl
l. Site reauirements.
28
Set back/senaration (assumed nronertv linesl
Location of sentic tanks
2. Fire-resistant construction (if reauiredl .
3. Smoke detector locations.
4. E�ress•
E�ress window size and location stairs construction reauirements
5. Structural reauirements shall include:
Wall section from foundation through roof. including assemblv and materials
connector tables
Termite nrotection
Desi�n Loads
Wind reauirements
Buildin� envelone
Structural calculations (if reauiredl
Foundation
Wall svstems
Floor svstems
Roof svstems
6. Accessibilitv reauirements: show/identifv accessible bath.
7. Imnact resistant coverin�s or svstems.
8. Flood hazard areas. flood zones, desisn flood elevations, lowest floor elevations
enclosures. eauinment, and flood damase-resistant materials.
9. Electrical:
Electric service riser with wire sizes. conduit detail and �roundin� detail.
Comnlete load calculations. Panel schedules
10. Mechanical:
Eauinment and location. Duct svstems
11.Plumbin�:
Plumbin� riser
12. Gas:
Gas niuin�
Ve�
Combustion air
Chimnevs and vents
Annliances
Type of sas
Firenlaces
LP tank location
Riser diagram/shutoffs
13.Ener�v Calculations.
107.3.5.4 Swimmin� Pools
1. Barrier reauirements.
2. S�
3. Wading bools.
29
107.3.5.5 Exemntions.
Plans examination bv the buildin� official sha11 not be reauired for the followin� work:
1. Renlacin� existing eauinment such as mechanical units.
water heaters, etc.
2. Minor electrical. nlumbin� and mechanical renairs.
3. Annual maintenance nermits.
4. Manufactured buildin�s or nrototwe buildin� nlans excent for local site adanta.tions
and foundations of buildinss, which are constructed on site. and modifications or
stxuctures that reauire waiver.
a. Site reauirements
setback/senaration (assumed nronertv linesl
location of sentic tanks (if annlicablel
b. Structural
wind zone
anchorin�
blo�
c. Plumbin�
List otable water source and meter size (if annlicablel
d. Mechanical
e�aust svstem
clothes drver e�aust
kitchen eauinment e�aust
e. Electrical
exterior disconnect location
107.4 Amended construction documents. Work shall be installed in accordance with the
reviewed construction documents. and anv chan�es made durin� construction that are not in
compliance with the reviewed construction documents sha11 be resubmitted for review as an
amended set of construction documents.
107.5 Retention of construction documents. One set of official construction documents shall
be retained bv the buildin� official as reauired bv Florida. Statutes.
107.6 Affidavits. The buildin� official mav accent a sworn affidavit from a re�istered architect
or en�ineer statins that the nlans submitted conform to the technical codes. For buildings and
structures. the affidavit shall state that the blans conform to the laws as to egress, tvne of
construction and seneral arran�ement and, if accomuanied bv drawin�s, show the structural
desi�n and that the nlans and desi�n conform to the reauirements of the technical codes as to
stren�th, stresses, strains. loads and stabilitv. The building official mav without anv examination
or insnection accent such affidavit. vrovided the architect or en�ineer who made such �davit
a rees to submit to the buildin� ofFcial conies of insnection renorts as insnections are nerformed
and unon comnletion of the structure. electrical. sas. mechanical or nlumbin� svstems a
certification that the structure, electrical, gas, mechanical or nlumbins svstem has been erected in
accordance with the reauirements of the technical codes. Where the buildin� official relies unon
such affidavit, the architect or en�ineer shall assume full resnonsibilitv for comnliance with all
30
nrovisions of the technical codes and other nertinent laws or ordinances. The buildin� official
shall ensure that anv nerson conducting nlans review is aualified as a nlans examiner under
Chanter 468. F.S.. Part XII and that anv nerson conductin� insnections is aualified as a buildin�
insnector under Chanter 468. F.S. Part XII.
SECTION 108
TEMPORARY STRUCTURES AND USES
108.1 General. The buildin� official is authorized to issue a nermit for temnorarv structures and
temnorarv uses. Such nernuts shall be limited as to time of service. but shall not be bermitted for
more than 6months. The buildin� official is authorized to grant extensions for demonstrated
cause.
108.2 Conformance. Temnorarv structures and uses shall conform to the structural stren�th.
fire safetv. means of e�ress. accessibilitv, li�ht. ventilation and sanitarv reauirements of
this code as necessarv to ensure nublic health. safetv and seneral welfare.
108.3 Temnorarv nower. The buildin� official is authorized to �ive nermission to temnorarilv
sunnlv and use bower in nart of an electric installation before such installation has been fullv
comnleted and the final certificate of comnletion has been issued. The nart covered bv the
temnorarvi certificate shall comnlv with the reauirements snecified for temnorarv li�htin�, heat or
nower in Chabter 27 of the Florida Buildin� Code. Buildine.
108.4 Termination of annroval. The buildin� official is authorized to terminate such nermit for a
temnorarv structure or use and to order the temnorarv structure or use to be discontinued.
SECTION 109
FEES
109.1 Prescribed fees. A nernut shall not be issued until fees authorized under Section 553.80.
F S.. have been naid. Nor sha11 an amendment to a nermit be released until the additional fee. if anv
due to an increase in the estimated cost of the buildin�, structure. electrical, nlumbins. mechanical
or sas svstems has been naid.
109.2 Schedule of nermit fees. On buildin�s. structures. electrical, �as. mechanical. and
plumbin� svstems or alterations reauirin� a nermit. a fee for each bermit shall be naid as
reauired. in accordance with the villa�e's comnrehensive fee schedule as set forth bv resolution of
the villa�e council.
109.3 Suildin� nermit valuations. If. in the oninion of the buildin� official, the claimed
valuation of buildin�. alteration. structure. electrical. �as, mechanical or blumbin� svstems
appears to be underestimated on the annlication, the nermit shall be denied, unless the annlicant
can show detailed, auantitv estimates. and/or bona fide sisned contracts (excludin� land valuel to
meet the anbroval of the buildin� official. For nermittins nurnoses, valuation of buildin�s and
svstems shall be total renlacement value to include structural. electric, nlumbin�. mechanical.
interior finish. relative site work, architectural and desisn fees, marketins costs, overhead and
31
nrofit; excludin� oniv land value. Valuation references mav include the latest bublished data of
national construction cost analvsis services (Marshall-Swift. Means, etc.l, as bublished bv
International Code Con�ress. Final buildin� nermit valuation shall be set bv the buildins official.
109.4 Work commencin� before nermit issuance. Anv nerson who commences anv work on a
buildin�. structure. electrical. �as. mechanical or nlumbins svstem before obtainin�_the buildin�
official's annroval or the necessarv nermits shall be subiect to a nenaltv fee in addition to the
reauired nermit fees. as contained in the villa�e's comnrehensive fee schedule as set forth bv
resolution of the villa.�e council.
109.5 Related fees. The navment of the fee for the construction. alteration. removal or
demolition for work done in connection to or concurrentiv with the work authorized bv a
buildin� nermit shall not relieve the annlicant or holder of the nermit from_the_navment of other
fees that are nrescribed bv law
109.6 Refunds. The buildin� official is authorized to establish a refund nolicv.
SECTION 110
INSPECTIONS
1 0.1 General. Construction or work for which a nermit is reauired sha11 be subiect to
insnection bv the buildin� official and such construction or work shall remain accessible and
exnosed for insbection nurnoses until annroved. Annroval as a result of an insnection shall not be
construed to be an annroval of a violation of the nrovisions of this code or of other ordinances of the
villa�e. Insnections nresumin� to sive authoritv to violate or cancel the nrovisions of this code or
of other ordinances of the villa�e sha11 not be valid It sha11 be the dutv of the nermit anblicant to
cause the work to remain accessible and exnosed for insnection nurooses. Neither the buildin�
official nor the villa�e shall be liable for exnense entailed in the removal or renlacement of anv
material reauired to allow insnection.
110.1.1 Manufacturers and fabricators. When deemed necessarv bv the buildin�
official, he/she shall make. or cause to be made. an insnection of materials or assemblies
at the boint of manufacture or fabrication. A record shall be made of everv such
examination and insbection and of all violations of the technical codes.
110.2 Preliminarv insnection. Subiect to the limitations of Chanter 553. F.S.. before issuine a
permit. the building official is authorized to examine or cause to be exanuned buildin�s structures
and sites for which an annlication has been filed.
110.2.1 Existin� buildin� insnections. Before issuin� a nermit. the buildin� official
mav examine or cause to be examined anv buildin�, electrical. �as. mechanical. or
plumbin� svstems for which an annlication has been received for a nermit to enlar�e.
alter. renair. move. demolish. install, or chan�e the occunancv. He/she mav insnect the
buildin�s. structures. electrical. �as. mechanical and nlumbin� svstems. from time to
time. before. during and unon comnletion of the work for which a nermit was issued.
He/she shall make a record of everv such examination and insnection and of all observed
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violations of the technical codes. Additional re�ulations in the Florida Buildin� Code
Existin� Buildins mav annlv.
110 Reauired insnections. The buildin� official unon notification from the nermit holder or
his or her a�ent shall make the followins insnections and such other insnections as
deemed necessarv, and shall either release that nortion of the construction or shall notifv the
permit holder or his or her a�ent of anv violations which must be corrected in order to
com lv with the technical codes. The buildin� official shall determine the timin� and
se uencin� of when insnections occur and what elements are insnected at each
ins ection. A comnlete survev. or snecial nurnose survev mav be reauired before an insnection
is annroved.
A. Buildin�
1. Foundation insnection. To be made after trenches are excavated and forms erected
and reauired reinforcin� steel is in nlace and, shall at a minimum include the
followins buildin� comnonents:
• Stem-wail
• Monolithic slab-on-�rade
• Pilin�s and nile cans
• Footin�s/grade beams
1.1. Slab/Floor Insnection: Concrete slab and under-floor insnections shall be
made after in-slab or under-floor reinforcins steel or framin� members
installed and all buildin� service eauinment. conduit, ninin� accessories
and other ancillarv eauibment items are in nlace. but before anv concrete
is nlaced or floor sheathin� installed, including the subfloor.
A foundation/Form board survev brenared and certified bv a re�istered
survevor mav be reauired. nrior to annroval of the slab insnection. The
survev shall certifv nlacement of the buildins on the site, illustrate all
surroundin� setback dimensions and shall be available at the i ob site for
review bv the buildin� inst�ector.
1.2. In flood hazard areas. unon nlacement of the lowest floor. includin�
basement. and nrior to further vertical construction, the elevation
certification. reauired in Section 1612.5, shall be submitted to the buildin�
official.
2. Construction Insnections:
2.1. Lintel/tie beams/columns/masonrv units. To be made after masonrv
units. forms. reinforcin� steel. shorin�, conduit, ninin� accessories,
and other ancillarv eauinment items are in nlace. but before anv concrete
is placed.
2.2. Sheathin insnection. To be made either as nart of a drv-in insbection or
done senaratelv at the reauest of the contractor after all roof and wall
sheathing and fasteners are comnlete and sha11 at a minimum include the
followin� buildin� comnonents:
• Roof sheathin�
• Wall sheathin�
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• Floor sheathin�
• Sheathin� fasteners
� Roof/wall drv-in.
• Gvnsum board. as reauired
• Sheathin Jcladdin� insnection
NOTE: Sheathin� fasteners installed and found to be missin� the structural
member (shinersl sha11 be corrected nrior to installation of the drv-in
materiaL
2.3 . Framin� insnection. To be made after the roof deck or sheathin�, all framin�
fire blockin� and bracing is in nlace all concealed wirin� all nines
chimnevs. ducts and vents axe comblete and shall at a minimum include
the following buildin� comnonents:
• Window/door framin� and installation. Verifv rou�h onenin� dimensions are
within tolerances. buck and atta.chments
• Lintel/tie beams comnlete if annlicable
• Framin�/trusses/bracin�/connectors (includin� truss lavout drawin�sl
• Draft stonning/fire blockin�
• Curtain wall framin�
• Fire resistant assemblies. ioints and nenetrations. as reauired
� Accessibilitv.
3. Roofin� insnection. Sha11_at a minimum include the followin� buildin� comnonents•
• Drv-in
• Insulation
• Roof coverin�s (includin� in-nro�ressl
• Flashin�
4. Ener�v insulation. thermal and i�nition barriers.
5. Lath/Drvwall. Lath and �vnsum board insnections shall be made after lathin�
and �vnsum boaxd. interior and exterior. is in nlace. but before anv blasterin� is
anblied or �vnsum board ioints and fasteners are taned and finished.
Excention: Gvi�sum board that is not nart of a fire-resistance- rated assemblv or
a shear assemblv. unless otherwise determined bv the buildin� official.
6. Final insnection. To be made after the buildin� is comnleted and readv for
occunancv.
6.1. Lowest floor elevation. In flood hazard areas as nart of the final insnection a
final certification of the lowest floor elevation shall be submitted to the authoritv
havin� iurisdiction.
7. Swimmin� nool insnection.
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• First insnection to be made after excavation and installation of reinforcin�
steel bondins and main drain. and nrior to nlacin� of concrete shell
• Undereround electric insnection
• Under�round ninin� insnection includin� a nressure test
• Deck insnection: to be made_ nrior_to installation of the deck material (with
forms. deck drains. and anv reinforcement in nlaced.
• Final electric insnection to be made nrior to fillin�_the_swimmin� bool with
water.
� Final ermanent barrier insnection is to be made nrior to fillin� the swimmin�
nool with water.
• In order to nass final insnection and receive a certificate of comnletion_ a
residential swimmin� nool must meet the reauirements relatin� to tiool safetv
features as described in Section 424.2.17.
• Final insnection to be made when the swimmin� nool is comblete and all
re uired enclosure reauirements are in nlace.
8. Demolition insnections.
• First insnection to be made after all utilitv connections have been
disconnected and secured in such manner that no unsafe or unsanitarv
conditions shall exist durin� or after demolition onerations
• Final insnection to be made after all demolition work is comnleted
9. Manufactured buil in� insnections. The buildin� det�artment shall insnect
construction of foundations: connectin� buildin�s to foundations: installation of narts
identified on nlans as site installed items. ioinin� _the_ modules, includin� utilitv
crossovers: utilitv connections from the buildin� to utilitv lines on site; and anv
other work done on site which reauires comnliance with the Florida Buildin�
Code. Additional insnections mav be reauired for nublic educational facilities (See
Section 423.27.201.
10. Where imnact-resistant coverin�s or imnact resistant svstems are installed to meet
reauirements of this code. the buildin� official shall schedule adeauate insnections
of imbact-resistant coverin�s or imnact resistant svstems to determine the
followin�:
• The svstem indicated on the nlans was installed.
• The svstem is installed in accordance with the manufacturer's installation
instructions and the nroduct anbroval.
B. Electrical
1. Under�round insnection (includin� bondin� and �roundl. To be made after trenches
or ditches are excavated. conduit or cable is installed. and before anv backfill is nut
in ��
2. Rou�h-in insnection. To be made after the buildin� is dried-in. fruniu�, fire-blockin�
and bracin� is in nlace. and nrior to the installation of insulation (if annlicablel. or
wall or ceilin� membranes.
3. Low Voltase: To be made for securitv. alarm. elevator. and snecial uses.
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4. Final insnection. To be made after the buildin� is comnlete, all reauired electrical
fixtures are in nlace and bronerlv connected or nrotected. and the structure is readv
for occunancv.
C. Plumbing
1. Underground insnection. To be made after trenches or ditches are excavated. ninin�
is installed. and before anv backfill is nut in nlace.
2. Rou�h-in insnection. To be made after the roof. framin�, fire-blockin� and bracin�
is in lace and all soil waste and vent ninin� is comnlete and brior to the
installation of insulation (if annlicablel. or wall or ceilin� membranes.
3. Final insnection. To be made after the buildin� is comnlete. all nlumbin� fixtures are
in lace and bronerlv connected. and the structure is readv for occunancv.
Note: See Section 312 of the Florida Buildin� Code, Plumbin� for reauired tests.
D. Mechanical
1. Under�round insnection. To be made after trenches or ditches are excavated.
under�round duct and fuel ninin� is installed, and before anv backfill is nut in
lace.
2. Rou -in insnection. To be made after the buildin� is dried-in. framin�, fire blockin�
and bracin� are in nlace and all ductin�, and other concealed comnonents are
com lete, and nrior to the installation of insulation (if annlicablel. or wall or
ceilin� membranes.
3. Final insnection. To be made after the buildin� is comnlete. the mechanical svstem
is in blace and nronerlv connected. and the structure is readv for occunancv.
E. Gas
l. Rou ninin� insnection. To be made after all new ninin� authorized bv the
ermit has been installed. and before anv such ninin� has been covered or
concealed or anv fixtures or �as annliances have been connected.
2. Final binin� insnection. To be made after all nining authorized bv the nerxnit has
been installed and after all nortions which are to be concealed bv t�lasterin� or
otherwise have been so concealed. and before anv fixtures or �as
a nliances have been connected. This insnection shall include a nressure test.
3. Final insnection. To be made on all new �as work authorized bv the nermit and
such ortions of existin� svstems as mav be affected bv new work or
anv chan�es. to ensure combliance with all the reauirements of this code and
to assure that the installation and construction of the �as svstem is in
accordance with reviewed nlans.
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F. Site Debris
1. The contractor and/or owner of anv active or inactive construction nroiect shall be
resnonsible for the clean-ub and removal _of all construction debris or anv other
miscellaneous discarded articles nrior to receiving final insnection annroval.
Construction iob sites must be kent clean.
2. All debris shall be kent in such a manner as to nrevent it from bein� snread bv anv
means.
110.3.1 Footin� and foundation insnection. Reserved.
110 3 2 Concrete slab and under-floor insnection. Reserved.
110.3.3 Reinforcing steel and structural frames. Reinforcin� steel or structural frame
work of anv nart of anv buildins or structure shall not be covered or concealed without
first obtainin� a release from the buildin� official. Certification that field weldin� and
structural bolted connections meet desi�n reauirements shall be submitted to the buildin�
official. unan reauest.
110.3.4 Termites. Buildin� comnonents and buildin� surroundin�s reauired to be
nrotected fro termite dama�e in accordance with Section 1503.6. Section 2304.13
or Section 2304.11.6. snecificallv reauired to be insnected for termites in
accordance with Section 2114 or reauired to have chemical soil treatment in
accordance with Section 1816 sha11 not be covered or concealed until the release from
the buildin� official has been received. (Also refer to Sections 105.10 and 105.111
110.3.5 Shoring. For threshold bu ildinss, shorin� and associated formwork or falsework
shall be desi�ned and insnected bv a Florida licensed nrofessional en�ineer. embloved bv
the nernut holder or subcontractor, brior to anv reauired mandatorv insnections bv the
threshold buildin� insnector.
110 3 6 Fire- and smoke-resistant nenetrations. Protect of ioints and nenetrations in
fire-resistance-rated assemblies, smoke barriers and smoke nartitions shall not be
concealed from view until insnected and annroved.
110.3.7 Threshold building.
110.3.7.1 The villa�e shall reauire a soecial insnector to nerform structural insnections
on a threshold buildins t�ursuant to a structural insnection nlan nreaared bv the en�ineer
or architect of record. The structural insnection nlan must be submitted to the villase
prior to the issuance of a buildin� nermit for the construction of a threshold buildins.
The nuraose of the structural insnection nlans is to nrovide snecific insnection
t�rocedures and schedules so that the buildin� can be adeauatelv insnected for
combliance with t he nernutted documents. The snecial insnector mav not serve as a
surro�ate in carrvin out the resbonsibilities of the buildins official, the architect
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or the en ineer of record. The contractor's contractual or statutorv obli�ations
are not relieved bv anv action of the snecial insbector.
110.3.7.2 The snecial insnector shall determine that a brofessional en�ineer who
s ecializes in shorin� desien has insnected the shorin� and reshorin� for conformance
with the shorin� and reshorin� nlans submitted to the villa�e. A fee simnle t�tle owner
of a buildin�. which does not meet the minimum size. hei�ht occunancv. occunancv
classification or number-of-stories criteria which would result in classification as a
threshold building under Section 553 .71. F.S. mav desi�nate such buildin� as a
threshold buildin�. subiect to more than the minimum number of insnections reauired bv
the Florida Buildin� Code.
110.3.7.3 The fee owner of a threshold building shall select and nav all costs
of emnlovin� a snecial insnector, but the snecial insnector shall be resaonsible to the
villa�e. The insnector sha11 be a nerson certified, licensed or re�istered under
Chavter 471. F.S. as an ensineer or under Chapter 481. F.S. as an architect.
110.3.7.4 The villa�e shall reauire that on everv threshold building:
110.3.7.4.1 The snecial insnector. unon comnletion of the buildin� and nrior to
the issuance of a certificate of occunancv. file a siQned and sealed statement with
the villa�e in substantiallv the followin� form: "To the best of mv knowled�e and
belief the above described construction of all structural load-bearin� comnonents
comnlies with the nermitted documents, and the shoring and reshorin� conforms
to the shorin� and reshorin� nlans submitted to the village."
110.3.7.4.2 Anv nronosal to install an alternate structural nroduct or svstem
to which buildin� codes annlv shall be submitted to the villa�e for review for
combliance with the codes and made nart of the villa�e's recorded set of nermit
documents.
110.3.7.4.3 All shoring and reshorin� nrocedures. nlans and details shall
be submitted to the villa�e for recordkeenin�. Each shorin� and reshorin�
installation shall be sunervised, insnected and certified to be in comnliance with the
shorin� documents bv the contractor.
110.3.7.4.4 All nlans for the building which are reauired to be si�ned and
sealed bv the architect or en�ineer of record contain a statement that, to the best of
the architect's or engineer's knowled�e, the nlans and snecifications comnlv with
the annlicable minimum building codes and the annlicable fire-safetv standards as
determined bv the villa�e in accordance with this section and Chante� 633. F. S.
110.3.7.5 The villa�e mav not issue a buildin� nermit for construction of anv
threshold buildin� excent to a licensed �eneral contractor, as defined in Section
489.105(3)(a). F.S.. or to a licensed buildin� contractor. as defined in Section 489.
105(3)(b). F.S.. within the scone of her or his license. The named contractor to
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whom the buildin� nermit is issued shall have the resnonsibilitv for sunervision.
direction, management and control of the construction activities on the nroiect for
which the buildin� nermit was issued.
110.3.7.6 The building denartment mav allow a snecial insnector to conduct the
minimum structural insnection of threshold buildin�s reauired bv this code. Section
553.73 F.S.. without dunlicative insnection bv the buildins denartment. The buildin�
official is resnonsible for ensurin� that anv nerson conductin� insnections is aualified
as a buildin� insbector under Chanter 468. F.S.. Part XII or certified as a snecial
ins ector under Chanter 471 or 481. F.S.. Insnections of threshold buildin�s reauired
b Section 553.79(5). F.S.. are in addition to the minimum insnections reauired bv
this code.
110.3.8 Reserved.
110.3.9 Other insnections services. The buildin� official mav make. or cause to be made
bv others. the insnections reauired bv Section 109. He/she mav accebt renorts of
insnectors of recoanized insnection services. nrovided that after investisation he/she is
satisfied as to their aualifications and reliabilitv. A certificate called for bv anv nrovision
of the technical codes shall not be based on such renorts unless the same are in writin�
and certified bv a resnonsible officer of such service. The buildin� official mav reauire
the owner to emnlov an insnection service in the followin� instances:
1. For buildin�s or additions of Tvne I construction.
2. For all mai or structural alterations.
3. Where the concrete desi�n is based on comnressive streneth (f'cl in excess of
3000 nounds ner sauare inch.
4. For nile drivin�.
5. For buildin�s with area �reater than 20.000 sauare foot.
6. For buildin�s more than 2 stories in hei�ht.
7. For buildin�s and structures of unusual desi�n or methods of construction.
Such ins ectors shall be adeauatelv nresent at times work is underwav on the structural
elements of the buildin�. Such insnectors shall be a re�istered architect, or ensineer, or a
berson licensed under Chanter 468. Part XII. F.S. Such insnectors shall submit weeklv
nrosress renorts includin� the dailv insnections to the buildin� official. and includin� a
code combliance oninion of the Resident Insnector.
At the comnletion of the construction work or broiect. such insbectors shall submit a
certificate of comnliance to the buildin� ofFcial, statin� that the work was done in
comnliance with this code and in accordance with the nermitted drawing. Final
insnection shall be made bv the buildins official before a Certificate of Occunancv or
Certificate of Comnletion is issued: and confirmation insnections mav be made at anv
time to monitor activities and resident insnectors.
110.3.9.1 Affidavit for Insnection. With snecific nrior annroval of. and in a format
accentable to the buildin� official, an affidavit for certification of insnection mav be
acce ted from the nermit aualifier: when accomnanied bv extensive nhotoarabhic
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evidence of sufficient detail to demonstrate code comnliance The nhoto�ranhic
evidence shall be comnrehensive in the disnlav of the installation and/or construction
and iob location identifiers. The_ affidavit and accomnanvin� nhoto�ranhs shall be
provided to the insnector onsite. at the next scheduled insnection. If the nhoto�rabhs
are found to be insufficient bv the buildin� official to demonstrate comnliance with
this code and/or the nermitted document. or clearlv disnlav location identifiers. or
are missing. the insnector shall reauire the contractor to obtain the services of a
Re istered Florida Professional En�ineer to insnect and certifv the installation and/or
construction.
110.3.10 Insnections nrior to issuance of Certificate of Occunancv_ or Comnletion.
The buildin� official shall insnect or cause to be insnected. at various intervals. all
construction or work for which a nermit is reauired and a final insnection shall be made
of everv buildin�. structure. electrical. gas, mechanical or nlumbin� svstem unon
com letion. nrior to the issuance of the Certificate of Occunancv or Certificate of
Com letion. In nerformin� insnections. the buildin� official shall give first nrioritv to
ins ections of the construction. addition. or renovation to. anv facilities owned or
controlled bv a state universitv. state communitv colle�e or nublic school district.
110.4 Insnection a�encies. The buildin� official is authorized to accent renorts of annroved
ins ection a�encies. nrovided such a�encies satisfv the reauirements as to aualifications and
reliabilitv.
110.5 Insnection reauests. It sha11 be the dutv_ of the holder of the buildin� nermit or their dulv
authorized a�ent to notifv the buildin� official_when work is readv for insnection. It shall be the
dutv of the nernut holder to nrovide access to and means for insnections of such work that are
reauired bv this code.
110.6 Annroval reauired. Work shall not be done bevond the noint indicated in each successive
ins ection without first obtainin� the abnroval of the buildin� insnector. The buildin� official.
uuon notification. shall make the reauested insnections and shall either indicate the nortion of
the construction that is satisfactorv as comnleted. or notifv the nermit holder or his or her a�ent
wherein the same fails to comnlv with this code. Anv nortions that do not comnlv shall be
corrected and such nortion shall not be covered or concealed until authorized bv the buildin�
official.
110.7 Imnact of construction. All construction__ activitv_ re�ulated bv this code shall be
performed in a manner so as not to adverselv imnact the condition of adiacent brobertv. unless
such activitv is nermitted to affect said nronertv nursuant to a consent �ranted bv the annlicable
pronertv owner. under terms or conditions a�reeable to the annlicable nronertv owner. This
includes. but is not limited to. the control of _dust. noise. water or draina�e run-offs. debris, and
the storage of construction materials. New construction activitv shall not adverselv imnact le�al
historic surface water draina�e flows servin� adiacent nroberties. and mav reauire snecial
draina�e desi�n comnlvin� with en�ineerin� standards to nreserve the nositive draina�e natterns
of the affected sites. Accordin�lv. develoners. contractors and owners of all new residential
develobment, includin� additions. nools. natios. drivewavs. decks or similar items. on existin�
40
pronerties resultin� in a si�nificant decrease of nermeable land area on anv narcel or has altered
the draina�e flow on the develoned nronertv shall. as a nermit condition, nrovide a nrofessionallv
prenared draina�e nlan clearlv indicating comnliance with this nara�ranh. Ubon comnletion of
the imnrovement. a certification from a licensed nrofessional shall be submitted to the insnector
in order to receive annroval of the final insnection.
SECTION 111
CERTIFICATES OF OCCUPANCY AND
COMPLETION
111.1 Use and Occunancv. No building or structure shall be used or occunied. and no chan�e
in the existin� occunancv classification of a buildin� or structure or nortion thereof shall be
made until the buildin� official has issued a Certificate of Occunancv therefore as nrovided
herein. Issuance of a Certificate of Occunancv sha11 not be construed as an annroval_ of a violation of
the rovisions of this code or of other ordinances of the iurisdiction Said certificate shall not be
issued until all reauired electrical. �as. mechanical. blumbin� and fire nrotection svstems have
been insnected for comnliance with the technical codes and other annlicable laws and ordinances
and released bv the buildin� official.
Excention: Certificates of occunancv are_not reauired for work exemnt from nermits under
Section 105.2.
111.2 Certificate issued. After the buildin� official insnects the buildin� or structure and finds no
violations of the nrovisions of this code or other laws that are enforced bv the buildin�
denartment or other a�encv whose annroval is inherent in the buildin� nermittin� brocess_ the
buildin� official shall issue a Certificate of Occunancv that contains the followin�:
1. The buildin� nermit number.
2. The address of the structure.
3. The name and address of the owner.
4. A descrintion of that nortion of the structure for which the certificate is issued
5. A statement that the described nortion of the structure has been insnected for comnliance
with the reauirements of this code for the_ occunancv and division of occunancv and the
use for which the nronosed occunancv is classified.
6. For buildin�s and structures in flood hazard areas. a statement_that documentation of the
as-built lowest floor elevation has been nrovided and is retained in the records of the
buildin� denartment.
7. The name of the buildin� official.
8. The edition of the code under which the nermit was issued.
9. The use and occunancv. in accordance with the nrovisions of Chanter 3.
10. The twe of constxuction as defined in Chanter 6.
1 l. The desi�n occunant load.
12. If an automatic snrinkler svstem is nrovided. whether the snrinkler svstem is reauired.
13. Anv sbecial stinulations and conditions of the buildin� nermit.
111.3 Temnorarv/nartial occunancv. A temnorarv/nartial Certificate of Occunancv or
Certificate of Comnletion mav be issued for a nortion or nortions of a buildin� that mav safelv be
41
occunied brior to final comnletion of the buildin�. The buildin� official mav reauire. once all life
safetv issues have been comnlied with. an annlicant to nrovide adeauate cash suretv for
unfinished work or revision of nlans until a nermanent Certificate of Occunancv or Certificate of
Comnletion is �ranted. The nurnose of_the cash suretv is to insure comnletion of work under this
nermit. Such cash suretv shall be eaual to one hundred ten nercent (110%1 of the estimated value
of the remainins work. includin� labor and material,_as_ determined bv the design nrofessional.
The desi�n nrofessional shall submit a si�ned and sealed document attestin� to the amount
reauired to cover the cash suretv. If work has not been comnleted and all finals reauested within
90 davs of issuance of the initial Temnorarv/Partial Certificate of Occunancv or Certificate of
Comnletion, the iurisdiction retains the ri�ht to have_the annlicant surrender the cash suretv. The
iurisdiction then mav use the suretv to finish the remainin� work. The suretv shall be in the form
of cash monev. certified check. or cashier's check, _ Suretv shall be returned unon annroval of all
final insnections and unon written reauest that has been annroved bv the building official. This
provision is oniv for the Florida Buildin� Code: all other A�encv annrovals necessarv for
construction must be secured nrior to this nrovision bein� annlied.
111.4 Certificate of Comnletion. Unon satisfactorv comnletion of_ a buildin�. structure.
electrical, gas. mechanical or nlumbin� svstem. a Certi_fi_cate of Comnletion mav be issued. This
certificate is nroof that a structure or svstem is comnlete_and for certain tvnes of nermits is
released for use and mav be connected to a utilitv svstem. This certificate does not �rant
authoritv to occunv or connect a buildin�, such as a shell buildin�. _nrior to the issuance of a
Certificate of Occunancv.
111.5 Revocation. The buildin� official is authorized to. in writin�, susnend or revoke a
Certificate of Occunancv or Comnletion issued under the nrovisions of this code wherever
the certificate is issued in error. or on the basis of incorrect information sunblied. or where it is
determined that the buildin� or structure or nortion thereof is in violation of anv ordinance or
re�ulation or anv of the nrovisions of this code.
SECTION 112
SERVICE UTILITIES
112.1 Connection of service utilities. No nerson shall make connections from a utilitv, source of
ener�v. fuel or nower to anv buildin� or svstem that is re�ulated bv this code for which a nermit is
reauired. until released bv the buildin� official and a Certificate of Occunancv or Comnletion
is issued. The servicin� utilitv comnanv shall not connect the nower _sut�nlv until notified bv the
buildin� official.
112.2 Temnorarv connection. The buildin� official shall have the authoritv to authorize the
temnorarv connection of the buildin� or svstem to the utilitv source of enerav. fuel or nower for the
nuruose of testin� buildin� service svstems or for use under a temnorarv Certificate of
Occunancv.
112.3 Authoritv to disconnect service utilities. The buildin� official shall have_the authoritv to
authorize disconnection of utilitv service to the buildin�. structure or svstem re�ulated bv this
code and the referenced codes and standards set forth in Section 101.4 in case of emer�encv
42
where necessarv to eliminate an immediate hazard to life, or nrobertv. or unsafe condition. or
when such utilitv connection has been made without the annroval reauired bv Section 112.1 or
112.2. The buildin� official sha11 notifv the servin� utilitv, and whenever nossible the owner and
occunant of the buildin�, structure. or service svstem of the decision to disconnect brior to
taking such action. If not notified nrior to disconnectin�, the owner or occunant of the buildin�.
structure. or service svstem shall be notified in writing, as soon as nractical thereafter.
SECTION 113
BUILDING BOARD OF ADJUSTMENT AND APPEALS
113.1 Annointment. There is herebv established a board to be called the Buildin� Board of
Adiustment and Anneals, which shall consist of seven members and two alternates. The villa�e
council shall abnoint the Board.
113.2 Membershin and Terms
113.2.1 Membershin. The Buildin� Board of Adiustment and Anneals shall consist of
seven members. Such board members shall be comnosed of individuals with knowled�e
and exnerience in the technical codes to include. to the greatest extent nossible. an
architect, en�ineer, �eneral contractor. electrical contractor. HVAC contractor. nlumbin�
contractor, and anv other contractor licensed cate�orv. In addition to the re�ular
members. there should be two alternate members. one member with the aualifications
referenced above and one member at lar�e from the nublic. A board member shall not
act in a case in which he has a nersonal or financial interest.
113.2.2 Terms. The terms of office of the board members shall be stag�ered so no more
than one-third of the board is annointed or reblaced in anv 12-month neriod. The two
alternates. if annointed. shall serve one-vear terms. Vacancies sha11 be filled for an
unexnired term in the manner in which ori�inal annointments are reauired to be made.
Three absences of anv member from reauired meetin�s of the board shall in a 12 month
period. at the discretion of the annlicable �overnin� bodv. render anv such member
subiect to immediate removal from office.
113.2.3 Ouorum and voting. A simble maioritv of the board shall constitute a auorum.
In varvin� anv nrovision of this code, the affirmative votes of the maioritv nresent, but
not less than three affirmative votes. shall be reauired. In modifvin� a decision of the
buildin� official. not less than four affirmative votes. but not less than a maioritv of the
board, shall be reauired. In the event that re�ular members are unable to attend a meetin�,
the alternate members. if annointed. shall vote.
113.2.4 Secretarv of board. The villa�e clerk or his/her authorized renresentative shall
act as secretarv of the board and shall make a detailed record of all of its nroceedin�s,
which shall set forth the reasons for its decision, the vote of each member, the absence of
a member. and anv failure of a member to vote.
43
113.3 Powers. The Building Board of Adiustments and Abpeals shall have the bower as fitrther
defined in 116.4. to hear anneals of decisions and internretations of the buildin� o�cial and
consider variances of the technical codes.
113.4 Anneals
113.4.1 Decision of the building official. The owner of a buildin�_ structure or service
svstem. or dulv authorized a�ent. mav abneal a decision of the building official to the
Buildin� Board of Adiustmen� and Anneais whenever anv one of the followin�
conditions are claimed to exist:
1. The buildin� official reiected or refused to annrove the mode or manner of
� construction nronosed to be followed or materials to be used in the installation or
alteration of a buildin�, structure or service svstem.
2. The nrovisions of this code do not annlv to this snecific case.
3. T'hat an eauallv good or more desirable form of installation can be emnloved in anv
s ecific case. which the buildin� official has reiected or refused.
4. The true intent and meanin� of this code or anv of the re�ulations hereunder have
been misconstrued or incorrectiv interoreted.
113.4.2 Variances. The Buildin� Board of Adiustments and Abbeals when unon written
reauest, has been so annealed to and after a hearin�, mav varv the ant�lication of anv
�rovision of this code to anv narticulax case when, in its oninion, the enforcement thereof
would do manifest iniustice and would be contrarv to the snirit and nuroose of this or the
technical codes or nublic interest, and also finds all of the followin�:
1. That snecial conditions and circumstances exist which are neculiar to the buildins.
structure or service svstem involved and which are not annlicable to others.
2. That the snecial conditions and circumstances do not result from the action or inaction
of the annlicant.
3. That srantin� the variance reauested will not confer on the anulicant anv snecial
nrivile�e that is denied bv this code to other buildin�s. structures or service svstem.
4. That the variance �ranted is the minimum variance that will make nossible the
reasonable use of the buildin�, structure or service svstem.
5. That the �rant of the variance will be in harmonv with the �eneral intent and nur�ose
of this code and will not be detrimental to the nublic health, safetv and seneral welfare
113.4.2.1 Conditions of the variance. In �rantin� the variance, the board mav
prescribe a reasonable time limit within which the action for which the variatnce is
reauired shall be commenced or comnleted or both. In addition, the board mav
nrescribe abnronriate conditions and safe�uards in conformitv with this code.
Violation of the conditions of a variance shall be deemed a violation of this code.
113.4.3 Notice of auneal. Notice of anneal shall be in writin� and filed within 30
calendar davs after the buildin� official renders the decision. Anneals shall be in a form
accentable to the buildin� official and the villa�e attornev.
113.5 Procedures of the board.
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113.5.1 Rules and re�ulations. The board shall establish rules and re�ulations for its
own nrocedure not inconsistent with the nrovisions of this code. The board shall meet on
call of the chairman. The board shall meet within 30 calendar davs after notice of anneal
has been received.
113.5.1.1 Rules of Evidence. Formal rules of � evidence shall not annlv. but
fundamental due nrocess should be observed and �overn the nroceedin�s. Unon
determination b the Chaimerson. irrelevant. imtnaterial. or undulv renetitious
evidence ma be excluded. but all other evidence of a tvne commonlv relied unon bv
reasonable nrudent nersons in the conduct of their affairs shall be admissible.
whether or not such evidence would be admissible in a trial in the courts of Florida.
. An art of the evidence mav be received in written form. The Board mav reauest
certain evidence be nrovided bv an architect or en�ineer re�istered in the State of
Florid in which case said evidence shall be siened. sealed, and dated.
113.5.1.2 Testimonv. Anv member of the Board or the attornev ret�resentin� the
Board ma inauire of. or auestion. anv witness before the Board. Anv member of the
Board the netitioner or his/her attornev. and/or the buildin� official shall be nermitted
to in uire of anv witness before the Board. The Board mav consider testimonv
resented bv the buildin� official, the netitioner, or anv other witness.
113.5.2 Decisions. The Building Board of Adiustment and Anneals shall, in everv case.
reach a decision without unreasonable or unnecessarv delav. Each decision of the board
shall also include the reasons for the decision. If a decision of the board reverses or
modifies a refusal order. or disallowance of the buildins official or varies the annlication
of anv nrovision of this code. the buildin� o�cial shall immediatelv take action in
accordance with such decision. Everv decision shall be nromntiv filed in writin� in the
office of the buildin� official and shall be onen to nublic insnection. A certified conv of
the decision shall be sent bv mail or otherwise to the annellant and a conv shall be kent
nubliclv nosted in the office of the buildin� official for two weeks after filin�. Everv
decision of the board shall be final: subiect however to such remedv as anv a��rieved
nartv mi�ht have at law or in eauitv.
113.6 Local Construction Re�ulation Board. The local �overnment mav also utilize this Board
to convene as the Local Construction Re�ulation Board (LCRBI. as nrovided in Section 489.113.
F.S. The LCRB mav denv. susnend, revoke or limit the authoritv of a certified contractor to
obtain a buildin� nermit or nermit with snecific conditions, if the board has found such
contractor. throu�h nublic hearin�, to be �uiltv of fraud or a willful buildin� code violation
within the countv or municinalitv that the board rebresents. The board mav also, denv. susnend,
revoke or limit the authoritv of a certified contractor to obtain a buildin� bermit or nermit with
s ecific conditions. if it has nroof through the nublic hearin� nrocess, that a contractor has been
found �uiltv in another countv or municinalitv within the nast 12 months, of fraud or a willful
buildin� code violation and after nrovidin� notice of an onnortunitv to be heard to the contractor.
finds that such fraud or violation would have been fraud or a violation if committed in the countv
or municinalitv that the local construction board renresents. Notification of and information
45
concernins such nermit denial shall be submitted to the denartment within 15 davs after the local
construction resulation board decides to denv the nermit.
SECTION 114
VIOLATIONS
Anv nerson firm cornoration or a�ent who shall fail to com with a nrovision of this code, or,
___ - --
or with anv of the reauirements thereof. or who shall erect, construct, alter. install, demolish or
move anv structure, electrical, �as, mechanical or nlumbin� s vstem, or has erected. constructed
altered. renaired. moved or demolished a buildin�. structure, electrical. gas. mechanical or
nlumbin� svstem. without full comnliance with annlicable codes. laws. ordinances. rules and
reeulations, shall be in violation of this code. Each such n erson shall be considered �uiltv of a
__ _ _ _ _____- -
senarate offense for each and everv dav or nortion thereof durin� which anv violation of anv of
the nrovisions of annlicable codes, laws. ordinanc rules and resulations is committed or
_ --
continued, and unon conviction of anv such violation such ners shall be nunished within the
limits and as nrovided bv state laws. Nothin� in this section shall nrevent the villa�e from
imnosins fines. liens. or seek iniunction relief, or exercisin�_ other enforcement nowers as
permitted bv law. Code enforcement and nenalties of Chanter 162 F.S. Part I shall be authorized
if buildins work besins without navment of all reauired fees. and for the nu trooses of en forcin�
_ --- __ __ — -
this code. code officials licensed under Chante� 468. F.S., Part XII are deemed "Code
Insnectors", as defined in Section 162. Q4. F.S.
SECTION 115
STOP WORK ORDER
115.1 Ston work orders. Unon notice from the buildin� official. work on anv buildin�.
structure, electrical. sas. mechanical or blumbins svstem that is beins done contrarv to the
nrovisions of this code or in a dan�erous or unsafe manner. shall immediatelvi cease.
115.2 Issuance. The ston work order shall be in writin� and sha11 be �iven to the owner of the
pronertv involved. or to the owner's a�ent, or to the berson doin� the work. Unon issuance of a ston
work order. the cited work shall immediatelvi cease. The ston work order shall state the reason for
the order, and the conditions under which the cited work will be nermitted to resume. Where an
emer�encv exists. the buildin� official shall not be reauired to sive a written notice nrior to
stonning the work.
115.3 Unlawful continuance. Anv berson who shall continue anv wo after havins been served
with a ston work order. excet�t such work as that nerson is directed to nerform to remove a
violation or unsafe condition. shall be subiect to nenalties as nrescribed bv law.
SECTION 116
UNSAFE STRUCTURES AND E�UIPMENT
116.1 Unsafe buildin�s or svstems. All buildin�s. structures electrical. �as. mechanical or
nluxnbin� svstems which are unsafe, unsanitarv. or do not nrovide adeauate e�ress, or which
constitute a fire hazard. or are otherwise dan�erous to human life. or which in relation to existin�
46
use. constitute a hazard to safetv or health, are considered unsafe buildin�s or service svstems.
All such unsafe buildin�s, structures or service svstems are herebv declared ille�al and shall be
ordered bv the buildin� official to be abated bv the owner, throu�h renair and rehabilitation or bv
demolition in accordance with the this Code. The extent of renairs shall be determined bv the
buildin��official.
116.1.1 When the buildin� official determines a buildin�. structure. electrical. �as
mechanical or nlumbin� svstem or nortion thereof is unsafe, as set forth in this Code
e/she shall nrovide the owner, a�ent or nerson in control of such buildin�. structure.
electrical. �as, mechanical or nlumbing svstem a written notice of violation statinu the
defects thereof. This notice shall reauire the owner within a stated time either to comnlete
snecified renairs or imnrovements. or to demolish and remove the building. structure.
electrical. �as, mechanical or nlumbin� svstem or nortion thereof. At the ontion of the
villa�e. the nrocesses and nrocedures for code enforcement under Chanter 162 F.S. mav
be utilized to abate a violation under this section If this statutorv method of enforceznent
is invoked. the buildin� official shall act in the role of code insnector to initiate
enforcement nroceedin�s, and notice shall be in accordance with the nrovisions of the
Statute.
116.1.2 If necessarv. the notice shall also reauire the buildin�, structure. electrical. �as
mechanical. nlumbin� svstems or nortion thereof to be vacated and/or disconnected, and
not reoccunied and/or reconnected until the snecified renairs and imt�rovements are
comnleted, insnected and anbroved bv the buildins official. The buildins official shall
ost at each entrance to the building a nlacard statins: THIS BUILDING IS tTNSAFE
AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING
OFFICIAL. This nlacard shall remain posted until the reauired renairs are made or
demolition is combleted. It shall be unlawful for anv nerson, firm or cornoration or its
officers, a�ents. or other servants. to remove the nostin� without written nermission of
the buildin� official, or for anv nerson to enter the buildin�, or use the building or
svstem(sl excent for the nuraose of makin� the reauired renairs or of demolishin� same.
116.1.3 In case the owner. a�ent. or nerson in control cannot be found with'n the
stated time limit, or, if such owner. a�ent, or uerson in control shall fail. neslect, or refuse
to comnlv with notice to renair, rehabilitate. or to demolish. and remove said buildin�
structure. electrical, �as. mechanical or nlumbin� svstem or nortion thereof, the buildin�
official, actin� as a code insnector. shall notifv the enforcement board or sbecial
masistrate and reauest a hearin�. In the case of the violation nosin� a serious threat. and
after havin� ascertained the cost. the buildin� official mav take action to cause such
buildin�. structure. electrical, �as, mechanical or nlumbin� svstem or nortion thereof. to
be demolished. secured. renaired, or reauired to remain vacant or unused. Takin� such
action does not create a continuing obli�ation on the nart of the buildin� official or the
villa�e to continue with maintainin� such buildin�, structure, or svstem: or create liabilitv
for anv dama�e to the nronertv.
116.1.4 The decision of the buildin� official shall be final in cases of emer�encv.
which, in the oninion of the buildin� official. involve imminent dan�er to human life or
47
health. or the nronertv of others. He/she shall nromntiv cause such buildin�. structure.
electrical. �as. mechanical or nlumbin� svstem or nortion thereof to be made safe or
cause its removal. For this nuroose he/she mav at once enter such structure or land on
which it stands. or abuttin� land or structures. with such assistance and at such cost as he
mav deem necessarv. He/she mav order the vacatin� of adiacent structures and mav
reauire the nrotection of the nublic bv annronriate fence or such other means as mav be
necessarv. and for this burnose mav close a nublic or nrivate wav.
116.2 Enforcement uroceedin�s: hearin�s. Violation nroceedings and hearinss for unsafe
structures and eauinment will be conducted before the code enforcement board _or snecial
ma istrate in accordance with the nrovisions set forth in Chanter 162 F S The owner of
pronertv that is subiect to an enforcement nroceedin� before an enforcement board, snecial
magistrate, or court is reauired to make disclosures as outlined in Chaz�ter 162. F.S. before a
transfer of nronertv. and failure to make the reauired disclosures creates a nresumntion of fraud.
116.3 Administrative fines: costs to renair: liens. All costs associated with takin� a case before
the enforcement board or snecial ma�istrate shall be recovered where the villa�e nrevails.
Whenever one of the orders of the enforcement board or the snecial ma�istrate has not been
com lied with bv the time set for comnliance, for each dav thereafter durin� which each
violation continues nast the date set for comnliance, the enforcement board or the snecial
ma�istrate mav imnose a fine. All costs incurred as a result of actions taken ner Section 116.1.3
are char�ed to the violator. A certified conv of an order imnosin� a fine, or a fine nlus renair. and
the costs of nrosecutin� the case. mav be recorded in the nublic records and shall thereafter
constitute a lien a�ainst the land where the violation exists and unon anv other real or nersonal
robertv owned bv the violator.
116.4 Anneal. An a�srieved nartv. includin� the villa�e, mav anneal a fina.l administrative order
of an enforcement board or snecial ma�istrate to the circuit court. Such an anbeal shall not be a
hearin� de novo but shall be limited to annellate review of the record created before the
enforcement board. An anneal shall be filed within 30 davs of the execution of the order to be
an�� -
SECTION 117
TE T
The buildin� official mav reauire tests or test renorts as nroof of comnliance. Reauired tests are
to be made at the exnense of the owner. or a�ent. bv an annroved testin� laboratorv or other
annroved agencv.
SECTION 118
RESERVED
48
SECTION 119
SEVERABILITY
If anv section subsection sentence clause or nhrase of this code is for anv reason held to be
un constitutional such decision shal not affect the validitv of the remainin� nortions of this code.
Sec. 14-33. Establishment of wind sneed lines ��t�s.
As reauired bv bara�ranh 1609 3 of th e Florida Buildin� Code. wind sneed lines in the
area of iurisdiction of the citv are herebv established as set forth on the basic wind sneed man.
which is herebv adonted and incoroorated as if fullv set forth in this section. of which conies
_ __- - — _ _
have been and are now filed in the office of the buildins official of the citv. Pursuant to Fi�ures
1609A B and C of the Fl orida Buildin� Code. desi�n wind sneeds axe as follows:
Cate�orv I buildin�s— 160 mnh
Cate�orv II buildin�s- 170 mnh
Cate�orv III and IV buildin�s - 180 mnh
,
�
��
Secs.14-34 —14-60. Reserved.
ARTICLE III. ELECTRICAL
Sec.14-61. National Electrical Code adopted.
The most current edition of the National Electrical Code, �����, of which copies
have been and are now filed in the office of the building official of the village, is hereby adopted
and incorporated as if set forth at length in this section, and from the date on which this section
shall take effect, the provisions therein shall be controlling in the area of jurisdiction of the
village.
Secs.14-62 —14-90. Reserved.
ARTICLE IV. HOUSING.
Sec.14-91. Standard Housing Code Adopted.
The most current edition of the Standard Housing Code, �nnn �a;+;,.,,� of which copies
have been and are now filed in the office of the building official of the village, is hereby adopted
and incorporated as if set forth at length herein and from the date on which this section shall take
effect, the provisions therein shall be controlling in the area of jurisdiction of the village.
Sec.14-92. Amendments to Standard Housing Code.
[This section shall remain in full force and effect as previously adopted.]
Secs.14-93 —14-120. Reserved.
49
ARTICLE V. PROPERTY MAINTENANCE.
Sec.14-121. International Property Maintenance Code Adopted.
The most current edition of the International Property Maintenance Code, �nnn a•,.• �
of which copies have been and are now filed in the office of the building official of the village, is
hereby adopted and incorporated in Appendix C, and from the date on which this section shall
take effect, the provisions therein shall be controlling in the area of jurisdiction of the village.
Secs.14-122 —14-150. Reserved.
ARTICLE VI. PERMIT FEES
[This Article shall remain in full force and effect as previously adopted]
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: This Ordinance shall take effect immediately upon passage.
50
Upon Second Reading this 10`h day of May 2012, the foregoing Ordinance was offered by
Council Member Brennan who moved its adoption. The motion was seconded by Council
Member Okun and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Tom Paterno X
Vice-Mayor Vince Arena X
Council Member Abby Brennan X
Council Member Frank D'Ambra Absent
Council Member Steve Okun X
The Mayor thereupon declared the Ordinance duly passed and adopted this l0`�' day of May
2012.
MAYOR OF TEQUESTA
�
Tom Paterno
ATTEST: �����,,,,����������,,,,,
,�° GE OF �;`.;
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Lori McWilliams, M1V$�;��A�� :`y_
Village Clerk �,-vj;�?f�, rF0, :
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