HomeMy WebLinkAboutOrdinance_17-15_09/10/2015 ORDINANCE NO. 17 -15
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA AMENDING CHAPTER 14. BUILDINGS AND
BUILDING REGULATIONS. AT ARTICLE II. BUILDINGS. BY AMENDING
SECTION 14 -32 TO INCORPORATE REVISIONS TO CHAPTER 1.
ADMINISTRATION. OF THE FLORIDA BUILDING CODE; INCLUDING
NEW STATUTORY LANGUAGE REGARDING PUBLIC SWIMMING
POOLS, AND THE PROCESSING OF MODIFICATIONS TO
DEVELOPMENT IN SPECIAL FLOOD HAZARD AREAS; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, the Florida legislature has adopted a statewide Building Code which is
informally known as the "Florida Building Code"; and
WHEREAS, local governments are permitted to adopt local amendments to Chapter 1.
Administration. of the Florida Building Code; and
WHEREAS, the Building Official has proposed the attached local amendments to
Chapter 1. Administration. of the Florida Building Code for applicability in the Village as being
in the best interest of the Village.
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 at Article II. Buildings. Sec. 14 -32.
Local Amendments to Chapter 1, Administration of the Florida Building Code adopted; by
amending this section as specified herein, including new statutory language regarding public
swimming pools, and the processing of modifications to development in special flood hazard
areas; providing that Sec. 14 -32. shall hereafter read as follows:
ORDINANCE
17 -15
Upon Second Readin
MOTION SECOND
Council Member Frank D'Ambra Council Member Steve Okun
VOTE
FOR AGAINST ABSENT
ADOPTION ADOPTION
Mayor Abby Brennan ❑ ❑
Vice -Mayor Vince Arena ❑
Council Member Steve Okun ❑ ❑
Council Member Tom Paterno ❑ ❑
Council Member Frank D'Ambra ❑
The Mayor thereupon declared the Ordinance duly passed and adopted this 9-ect -261
MAYOR OF TEQUESTA
e`a; ouuosir rr rrr
ATTEST:
A
EAL
Lori McWilliams, MMC RPORATED
Village Clerk
Sec. 14 -32. - Local amendments to Chapter 1, Administration of the Florida Building Code
adopted.
The Village of Tequesta adopts the following local amendments to the Florida Building Code,
Chapter 1. Administration, 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.
Chapter 1 Administration
Table of Contents
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 UNSAFE STRUCTURES AND EQUIPMENT
Section 117 TESTS
Section 118 VARIANCES IN FLOOD HAZARD AREAS
Section 119 SEVERABILITY
CHAPTER 1
ADMINISTRATION
SECTION 101
GENERAL
101.1 Title. These regulations shall be known as the Florida Building Code hereinafter referred to as "this code."
101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement,
replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building
or structure or any appurtenances connected or attached to such buildings or structures in the Village of Tequesta.
Exceptions:
1. Detached one- and two- family dwellings and multiple single - family dwellings (townhouses) not more than three
stories above grade plane in height with a separate means of egress and their accessory structures shall comply with
the Florida Building Code, Residential.
2. Existing buildings undergoing repair, alterations or additions and change of occupancy shall comply with the Florida
Building Code, Existing Building.
101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted.
101.2.2 Florida Building Code, Residential. Construction standards or practices which are not covered by Florida
Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code, Building.
101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety
and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and
ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built
environment and to provide safety to fire fighters, code officials, and emergency responders during emergency
operations.
101.3.1 Quality Control. Quality control of materials and workmanship is not within the purview of this code except as it
relates to the purposes stated herein.
101.3.2 Warranty and Liability. The permitting and inspection of any building, system, or plan by the village, under the
requirements of this code, shall not be construed in any court as a warranty of the physical condition of such building,
system, or plan, or their adequacy. The village shall not be liable in tort for damages or hazardous or illegal condition or
inadequacy in such building, system, or plan, nor for any failure of any component of such, which may occur
subsequent to such inspection or permitting. Further, no Building Department employee shall be liable in tort for
damage from such conditions, in accordance with Section 768.28(9)(a) F.S., as may be amended.
101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.9 and referenced elsewhere in this
code shall be considered part of the requirements of this code to the prescribed extent of each such reference.
101.4.1 Electrical. The provisions of Chapter 27 of the Florida Building Code, Building shall apply to the installation of
electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and
appurtenances thereto.
101.4.2 Gas. The provisions of the International Fuel Gas Code with the Florida Fuel Gas Code Supplement shall apply
to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this
code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of
appliances and the installation and operation of residential and commercial gas appliances and related accessories.
101.4.3 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the installation, alterations,
repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings andlor
appurtenances, including ventilating, heating, cooling, air - conditioning and refrigeration systems, incinerators and
other energy - related systems.
101.4.4 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the installation, alteration, repair
and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and
where connected to a water or sewage system and all aspects of a medical gas system. provisions of the
Intemational Private Sewage D isposal C ode shall apply to private sewage disposal sVste
101.4.5 Property maintenance. Reserved.
The provisions of the IntemaG. _ )rtv Maintenance Code shall apply to existing structures and premises;
equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of
owners, operators and occupants; and occupancy of existing premises and structures.
101.4.6 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention Code. The Florida
Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard
of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions
hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction,
extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the
premises from occupancy or operation.
101.4.7 Energy. The provisions of the Florida Building Code, Energy Conservation shall apply to all matters governing
the design and construction of buildings for energy efficiency.
101.4.8 Accessibility. For provisions related to accessibility, refer to Florida Building Code, Accessibility.
101.4.9 Manufactured buildings. For additional administrative and special code requirements, see Section 428 ,
Florida Building Code, Building, and Rule 984 F.A.C.
SECTION 102
APPLICABILITY
102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of
construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general
requirement and a specific requirement, the specific requirement shall be applicable.
102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to,
zoning requirements, land use requirements and owner specifications or programmatic requirements which do not
pertain to and govern the design, construction, erection, alteration, modification, repair or demolition of public or
private buildings, structures or facilities or to programmatic requirements that do not pertain to enforcement of the
Florida Building Code. Additionally, the village shall not use its code enforcement process to administer or enforce the
Florida Building Code, Building to prevent the siting of any publicly owned facility, including, but not limited to,
correctional facilities, juvenile justice facilities, or state universities, community colleges, or public education facilities,
as provided by law.
102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration,
modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and
private building, structure or facility or floating residential structure, or any appurtenances connected or attached to
such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all
buildings and structures shall comply with the provisions provided in Chapter 34 of this code and the Florida Building
Code, Existing Building. The following buildings, structures and facilities are exempt from the Florida Building Code as
provided by law, and any further exemptions shall be as determined by the legislature and provided by law:
(a) Building and structures specifically regulated and preempted by the federal government.
(b) Railroads and ancillary facilities associated with the railroad.
(c) Nonresidential farm buildings on farms.
(d)Temporary buildings or sheds used exclusively for construction purposes.
(e) Mobile or modular structures used as temporary offices, except that the provisions of Part V (Section 553.501-
553.513, F.S.) relating to accessibility by persons with disabilities, and permits shall be required for structural support
and tie down, electrical supply, and all utility connections to such mobile or modular structures.
(f) Those structures or facilities of electric utilities, as defined in Section 366.02, F.S., which are directly involved in the
generation, transmission or distribution of electricity.
(g) Temporary sets, assemblies or structures used in commercial motion picture or television production, or any
sound - recording equipment used in such production, on or off the premises.
(h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this
paragraph, the term "chickee" means an open -sided wooden but that has a thatched roof of palm or palmetto or other
traditional materials and that dues n ot incorpora any electrical, plumbing, c other nonwood features
EXGeption; E I GGtF i GaI OF plumbing WGFk OF GonneGtion, OF OthA-F nan-vicind fa2t -ran R112 Ant be exempted from this
cede:
Ser-v PFOVider water, SOWeF, StGFm, gas, Gable, telephone, OF OthOF slmilaF utility systems aFe e*empt to the point 0
W for the building OF StFUGtUFS.
(j} Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or
preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced
concrete.
Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system.
(kj A building or structure having less than 1,000 square feet (93 m which is constructed and owned by a natural
person for hunting and which is repaired or reconstructed to the same dimension and condition as existed on January
1, 2011, if the building or structure:
1. Is not rented or leased or used as a principal residence;
2. Is not located within the 100 -year floodplain according to the Federal Emergency Mana Agency's current
Flood Insurance Rate Map; and
3. Is not connected_ to an-off-site.-el p ower or water supply.
102.2.1 In addition to the requirements of Section 553.79 and 553.80, F.S., facilities subject to the provisions of Chapter
395, F.S. (Hospital Licensing and Regulation), and Chapter 400, F.S. Parts II and VIII (Nursing Homes), shall have facility
plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter
395, F.S., and Chapter 400, F.S., Parts II and VIII, and the certification requirements of the federal government.
102.2.2 Buildings or structures for residential uses moved into or within the village shall not be required to be brought
into compliance with the state minimum building code in force at the time the building or structure is moved, provided:
1. The building or structure is structurally sound and in occupiable condition for its intended use;
2. The occupancy use classification for the building or structure is not changed as a result of the move;
3. The building is not substantially remodeled;
4. Current fire code requirements for ingress and egress are met;
5. Electrical, gas and plumbing systems meet the codes in force at the time of original construction and are operational
and safe for reconnection;
6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if required by
the applicable Florida Statutes for all buildings or structures of the same residential occupancy class; and
7. The requirements of Florida Building Code, Existing Building are also satisfied.
102.2.3 The building official shall apply the same standard to a moved residential building or structure as that applied to
the remodeling of any comparable residential building or structure to determine whether the moved structure is
substantially remodeled. 'I he cost of the foundation on which the moved building or structure is plac;eo shall not be
included in the cost of remodeling for purposes of determining whether a moved bu ilding or structur h as been
substantially remodeled.
102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer
Services to inspect amusement rides or the Department of Financial Services to inspect state -owned buildings and
boilers.
102.2.5 Each enforcement district shall be governed by a board, the composition of which shall be determined by the
affected localities.
1. At its own option, each enforcement district or local enforcement agency may adopt rules granting to the owner of a
single- family residence one or more exemptions from the Florida Building Code relating to:
a. Addition, alteration, or repairs performed by the property owner upon his or her own, provided any addition or
alteration shall not exceed 1,000 square foot or the square footage of the of the primary structure, whichever is less.
b. Addition, alteration, or repairs by a non -owner within a certain cost limitation set by rule, provided the total cost shall
not exceed $5,000 within any 12 month period.
c. Building inspection fees.
2. However, the exemptions under subparagraph 1. do not apply to single - family residences that are located in mapped
flood hazard areas, as defined in the code, unless the enforcement district or local enforcement agency has determined
that the work, which is otherwise exempt, does not constitute a substantial improvement, including the repair of
substantial damage, of such single - family residences.
3. Each code exemption, as defined in sub - subparagraphs 1.a., b., and c., shall be certified to the local board 10 days
prior to implementation and shall only be effective in the territorial jurisdiction of the enforcement district or local
enforcement agency implementing it.
4. However, each enforcement district or local enforcement agency may establish an alternative permitting program for
replacing nonstructural components of building systems in a residential dwelling unit. A licensed contractor performing
such work for the resident shall also be exempt from individual permits and inspections if either the owner or the
licensed contractor obtains a valid Annual Permit per Section 105.1.1 of this Code and all such work is reported as
required in Section 105,1.2 of this Code for compliance evaluation. No added capacity, system expansion or new
building work of any type shall be excluded from individual permit and inspection by this provision.
102.2.6 This Code does not apply to swings and other playground equipment accessory to a one- or two- family
dwelling.
Exception: Electrical service to such playground equipment shall be in accordance with Chapter 27 of this code.
102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified
by number, shall be construed to refer to such chapter, section or provision of this code.
102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of
the requirements of this code to the prescribed extent of each such reference. Where differences occur between
provisions of this code and referenced codes and standards, the provisions of this code shall apply.
102.5 Reserved.
102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be
permitted to continue without change, except as is specifically covered in this code, the Codes referenced in Section
101.4, or the Florida Fire Prevention Code, or as is deemed necessary by the building official for the general safety and
welfare of the occupants and the public.
102.7 Relocation of manufactured buildings.
1. Relocation of an existing manufactured building does not constitute an alteration.
2. A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind
speed map. If the existing building was manufactured in compliance with the Standard Building Code (prior to March 1,
2002), the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured
in compliance with the Florida Building Code (after March 1, 2002), the wind speed map of the Florida Building Code
shall be applicable.
3. A relocated building shall comply with the flood hazard area requirements of the new location, if applicable
102.8 Existing mechanical equipment. The village may not require that existing mechanical equipment on the surface of
a roof be installed in compliance with the requirements of the Florida Building Code until the equipment is required to
be removed or replaced.
SECTION 103
BUILDING DEPARTMENT
103.1 Establishment. There is hereby established a department to be called the Building Department and the person in
charge shall be known as the Building Official. All code officials employed by the department shall be certified in
accordance with Chapter 468, Part XII, F.S.
103.2 Reserved.
103.3 Restrictions on employees. An officer or employee connected with the department, except one whose only
connection is as a member of the board established by this code, shall not be financially interested in the furnishing of
labor, material, or appliances for the construction, alteration, or maintenance of a building, structure, service, system,
or in the making of plans or of specifications thereof, unless he/she is the owner of such. This officer or employee shall
not engage in any other work which is inconsistent with their duties or conflict with the interests of the department,
except as instructors.
103.4 Appointed Designees. In accordance with the prescribed procedures of this iurisdiction and with the concurrence
of the appointing authority, the Building Official shall have the authority to appoint related technical officers,
inspectors plan examiners and other employees. Such employees shall have powers as delegated by the building
official.
SECTION 104
DUTIES AND POWERS OF THE
BUILDING OFFICIAL
104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The
building official shall have the authority to render interpretations of this code, and to adopt policies and procedures in
order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance
with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving
requirements specifically provided for in this code.
104.2 Applications and permits. The building official shall receive applications, review construction documents and
issue permits for the erection, and alteration, demolition and moving of buildings, structures, and service systems,
inspect the premises for which such permits have been issued and enforce compliance with the provisions of this
code.
104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with
this code.
104.4 Inspections. The building official shall make all of the required inspections, or the building official shall have the
authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in
writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building
official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that
arise, subject to the approval of the appointing authority.
104.5 Identification. The building official shall carry proper identification, as issued by the village, when inspecting
structures or premises in the performance of duties under this code.
104.6 Right of entry.
104.6.1 Where it is necessary to make an inspection to enforce any of the provisions of this code, or where the building
official has reasonable cause to believe that there exists in any building or upon any premises any condition or code
violation which makes such building, structure, or premises, unsafe, dangerous or hazardous, the building official is
authorized to enter the building, structure or premises at all reasonable times to inspect or to perform any duty
imposed by this code, provided that if such building, structure or premises are occupied, that credentials be presented
to the occupant and entry requested. If such building, structure, or premises are unoccupied, the building official shall
first make a reasonable effort to locate the owner or other persons having charge or control of the building, structure,
or premises, and request entry. If entry is refused, the building official shall have recourse to every remedies provided
by law to secure entry.
104.6.2 When the building official shall have first obtained a proper inspection warrant in accordance with Chapter 933,
F.S. or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care
or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided,
to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to this
code.
104.7 Department records. The village's building department shall keep official records of applications received,
permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records
shall be retained in the official records for the period required for retention of public records per Chapter 119, F.S.
104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of this
code, while acting for the village in good faith and without malice in the discharge of the duties required by this code or
other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal
liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the
discharge of official duties. Any suit instituted against an officer or employee or member because of an act performed
by that officer or employee or member in the lawful discharge of duties and under the provisions of this code shall be
defended by legal representative of the village until the final termination of the proceedings. The building official or any
subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions
of this code.
104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be
constructed and installed in accordance with such approval.
104.9.1 Used materials and equipment. The use of used, recycled, or reclaimed materials which meet the requirements
of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the
building official.
104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the
building official shall have the authority to grant modifications for individual cases, upon application of the owner or
owner's representative, provided the building official shall first find that special individual reason makes the strict letter
of this code impractical and the modification is in compliance with the intent and purpose of this code and that such
modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action
granting modifications shall be recorded and entered in the files of the building department.
104.10.1 Modif-Gations of the StFiGt appliGation of the FOqu of the FIGFida Building Code. The building offiGial
aGt as the floodplain adm shal review Fequests subm ta- the building effiGial that seek approval to
erdinanGe.
104.10.1 Flood hazard areas. The building official shall not grant modifications to an Provision required in flood hazard
areas as established by Section 1612.3 unless a determination has been made that:
1. A showing of good and sufficient cause that the unique characteristics of the size, configuration or
topography of the site render the elevation standards of Section 1612 inappropriate.
2. A determination that failure to grant the variance would result in exceptional hardship by rendering the lot
undevelopable.
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with
existing laws or ordinances.
4. A determination that the variance is the minimum necessary to afford relief, considering the flood hazard.
5. Submission to the applicant of written notice specifying the difference between the design flood elevation and
the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate
with the increased risk resulting from the reduced floor elevation, and stating that construction below the
design flood elevation increases risks to life and property.
104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not
intended to prevent the installation of any material or to prohibit any design or method of construction not specifically
prescribed by this code, provided that any such alternative has been approved. An alternative material, design or
method of construction shall be approved where the building official finds that the proposed design is satisfactory and
complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose
intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance,
durability and safety. When aftwate life setely systems are designed, the SF;W6ngIneWP4 0--dide to PA-114 Ge
d. The building effiGial shiall require that sufficient 9 , AdenGeof pmaf be submi#ed to substaWiate 014Y GWm made
regarding the altermfive
104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not
specifically provided for in this code, shall consist of valid research reports from approved sources.
104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that
a material or method does not conform to the requirements of this code, or in order to substantiate claims for
alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance
to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test
standards. In the absence of recognized and accepted test methods, the building official shall approve the testing
procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building
official for the period required for retention of public records.
104.11.3 Accessibility. Alternative designs and technologies for providing access to and usability of a facility for
persons with disabilities shall be in accordance with provisions of the Florida Building Code, Accessibility.
104.12 Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of
an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety,
health and general welfare, not specifically covered by this or the other technical codes, shall be determined by the
building official.
SECTION 105
PERMITS
105.1 Required. Any contractor, owner, or agent authorized in accordance with Chapter 489, F.S. who intends to
construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install,
enlarge, alter, repair, remove, convert or replace any impact- resistant coverings, electrical, gas, mechanical, plumbing
or fire protection system, or accessible or flood resistant site element, the installation of which is regulated by this
code, or to cause any such work to be done, shall first make application to the building official and obtain the required
permit.
105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical,
plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any
occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems, or
manufacturing equipment installations /relocations. The building official shall be notified of major changes and shall
retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed
with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each
facility and for each construction trade, as applicable. The permit application shall contain a general description of the
parameters of work intended to be performed during the year.
105. 1. 2 Annual permit records. The erson to whom an annual permit is issued shall keep a detailed record of
p p p
alterations made under such annual permit. The building official shall have access to such records at all times or such
records shall be filed with the building official as designated. The building official is authorized to revoke or withhold
the issuance of the future annual permits if code violations are found to exist.
105.1.3 Food permit. As per Section 500.12, F.S., a food permit from the Department of Agriculture and Consumer
Services is required of any person who operates a food establishment or retail store.
105.1.4 Public swimming pool. The local enforcing agency may not issue a building permit to construct, develop, or
modify a public swimming pool without proof of application, whether complete or incomplete, for an operating permit
pursuant to Section 514.031, Florida Statutes. A certificate of completion or occupancy may not be issued until such
operating permit is issued. The local enforcing agency shall conduct their review of the building permit application
upon filing and in accordance with Chapter 553, Florida Statutes. The local enforcing agency may confer with the
Department of Health, if necessary, but may not delay th bu ilding permit application review while a waiting comment
from the Department of Health.
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or
ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
1. Building peffAits aFe AQt MqUired fQF F9plaGeMeAt OF repaiF WOFk having value of less than $1,000.00,
hGWOVSF, that SUGh woFk will AGt adveFsely :-affect tha aimn Ural "AtOgFity, fiFe rating, exit aGG866 OF egFOSS •
One -story det accessor, s tructures _,, as to - ie sheds , Ip ayho and similar uses, provided the
floor.area does not exc 120_s guare feet 01 m2).
2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work , with no eleGtF OF plumbing
wer*
3. Temporary motion picture, television and theater sets and scenery.
4. Swings and other playground equipment accessory to detached one- and two- family dwellings, but they may be
subject to Zoning permits.
5. Retractable awnings supported by an exterior wall t hat do not project more than 54 inches (1372 mm) from the
and do not require additional support of Groups R -3 and U occupancies, but they may be subject to Zoning
permits.
6. Non fixed and movable fixtures, cases, racks, and counters not over 5 feet 9 inches (1753 mm) in height.
7. Prefabricated swimming poois accessory to a Group R -3 occupancy that are less than 24 inches (610 mm) deep, du
not exceed 5,000 gallons (18 925 L) and are installed entirely above ground.
Electrical:
1. Repairs and maintenance: Repair or replacement of like common household electrical fixtures, switches, and outlets
on the load side of the electrical source. Minor repair work, including the replacement of lamps or the connection of
approved portable electrical equipment to approved permanently installed receptacles.
2. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used
for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of
towers and antennas.
3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for
the testing or servicing of electrical equipment or apparatus.
4. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for
the testing or servicing of electrical equipment or apparatus.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part which does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self- contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1
horsepower (746 W) or less.
8. The installation, replacement, removal or metering of any load management control device.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe provided, however, that if any concealed trap, drain
pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with
new material, such work shall be considered as new work and a permit shall be obtained and inspection made as
provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of
water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or
fixtures.
3. The replacement of common household plumbing fixtures to existing supply lines and outlets. This does not include
water heaters.
105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation,
the permit application shall be submitted within the next working business day to the building official. Notification shall
be given to the building official including the work address, nature of emergency and scope of work immediately, or by
next business day. - Failure to submit the permit application in a timely manner shall result in a penalty fee in addition to
the permit fee as contained in the village's comprehensive fee schedule as set forth by resolution of the village council.
105.2.2 Minor repairs. Ordinary minor repairs or installation of replacement parts may be made with the approval of the
building official, without a permit, provided the repairs do not include the cutting away of any wall, partition or portion
thereof, the removal or cutting of any structural beam or load- bearing support, or the removal or change of any required
means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary minor
repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage,
drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work
affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes.
105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation,
transmission, distribution or metering or other related equipment that is under the ownership and control of public
service agencies by established right.
105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form
furnished by the department for that purpose. Permit application forms shall be in the format prescribed by a local
administrative board, if applicable, and must otherwise comply with the requirements of Sections 713.135(5) and (6),
F.S. Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building
permit for which an application is submitted prior to the effective date of the Florida Building Code, the state minimum
building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life
of the permit and any extension granted to the permit.
105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and
amendments thereto within a reasonable time after filing. If the application or the construction documents do not
conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the
reasons therefore. If the building official is satisfied that the proposed work conforms to the requirements of this code
and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable.
When authorized through contractual agreement with a school board, in acting on applications for permits, the building
official shall give first priority to any applications for the construction of, or addition or renovation to, any school or
educational facility.
105.3.1.1 If a state university, Florida college or public school district elects to use the village's code enforcement
offices, fees charged by the village for enforcement of the Florida Building Code on buildings, structures, and facilities
of state universities, state colleges and public school districts shall not be more than the actual labor and
administrative costs incurred for plans review and inspections to ensure compliance with the code.
105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair, or addition
unless the applicant for such permit provides to the village any of the following documents which apply to the
construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer
registered under Chapter 471, F.S.:
1. Any e!eGtFiGal OF plumbing or -air and F84igeration system meeting the following thresholds aFe FequiFed
A. Requires an eleGtFiGaI OF plumbing OF a GOnditioning and Fefr system w a va Of GVeF $125,000, and
800 aMpeFes (240 volts) on a c-a-mme-m or elertriGal system.
2) Requ a plumbing system w 250 fixture units or moFe.
3) RequiFeS Heating, ventilation and affiF-GOnditioning system that exGeeds a 15 ton-peF-system GaPaGity, OF Of th
1. Plumbing documents for any system having 250 fixture units more or which costs more than $125,000.00
2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or
more sprinkler heads. A Contractor I, Contractor II or Contractor IV, certified under Section 633.521, Florida Statutes,
may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler
system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the
size of the existing fire sprinkler system.
3. Heating, ventilation, and air - conditioning documents for any system requiring 15- ton -per- system capacity or more
which is designed to accommodate 100 or more persons or for which the system costs more than $120.000.00. This
paragraph does not include any document for the replacement or repair of an existing system in which the work does
not require altering a structural part of the building or for work on a residential one, two, three or four - family structure.
An air - conditioning system may be designed by an installing air - conditioning contractor certified under Chapter 489,
Florida Statutes, to serve any building or addition which is designed to accommodate fewer than 100 persons and
requires an air - conditioning system with a value of $125,000 or less; and when a 15- ton -per system or less is designed
for a singular space of a building and each 15 -ton system or less has an independent duct system. Systems not
complying with the above require design documents that are to be sealed by a professional engineer.
Example 1: When a space has two 10 -ton systems with each having an independent duct system, the
contractor may design these two systems since each unit (system) is less than 15 tons.
Example 2: Consider a small single -story office building which consists of six individual offices where each
office has a single three -ton package air conditioning heat pump. The six heat pumps are connected to a
single water cooling tower. The cost of the entire heating, ventilation and air - conditioning work is $47,000 and
the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to
a common water tower this is considered to be an 18 -ton system.
3 Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a
medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more
than $5,000.
5. Electrical documents. See FS Section 471.003(2)(h). Any eiectrical or plumbing or air- conditioning and refrigeration
system meeting the following thresholds are required to be designed by a Florida Registered Engineer. The system,
Requires an electrical system with a value of over $125,000; and Requires an aggregate service capacity of over 600
amperes (240 volts )__on a residential electrical system or over 800 amperes (24 volt on a commercial-or ind ustrial
electrical syste
Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a
valid certificate of registration has signed, dated, and sealed such document as provided in Section 471.025, F.S.
6. All public swimming pools and public bathing places d by and r egulated un Chapter 514, F
105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been
abandoned and invalid ;Acoming null and void 180 date six months after the date of filing, or for any 180_ dM six
month period of abandonment or suspension during the application process, unless such application has been
pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more
extensions of time for additional periods not exceeding three Tenths each. The extension shall be requested in
writing prior to the abandonment date and justifiable cause demonstrated. Abandoned applications shall be subject to
destruction in accordance with state law. The fee for renewal, re- issuance, and extension of a permit application shall
be as contained in the village's comprehensive fee schedule as set forth by resolution of the village council. There may
be fees or requirements from other government agencies for permit application extensions and renewals.
105.3.3 An enforcing authority may not issue a building permit for any building construction, erection, alteration,
modification, repair or addition unless the permit either includes on its face or there is attached to the permit the
following statement: "NOTICE: In addition to the requirements of this permit, there may be additional restrictions
applicable to this property that may be found in the public records of this county such as the requirement for Home or
Property Owners Association approval, and there may be additional permits required from other governmental entities
such as water management districts, state agencies or federal agencies."
105.3.4 A building permit for a single - family residential dwelling must be issued within 30 working days of application
therefore unless unusual circumstances require a longer time for processing the application or unless the permit
application fails to satisfy the Florida Building Code or the village's laws or ordinances.
105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, F.S., Workers'
Compensation, every employer shall, as a condition to receiving a building permit, show proof that it has secured
compensation for its employees as provided in Sections 440.10 and 440.38, F.S.
105.3.6 Asbestos removal. Moving, removal or disposal of asbestos - containing materials on a residential building
where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the
owner - builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must
personally appear and sign the building permit application. The peFmitting agenW P uilding department shall provide
the person with a disclosure statement in substantially the following form:
Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors. You have applied for
a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own
asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself.
You may move, remove or dispose of asbestos - containing materials on a residential building where you occupy the
building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or
lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to
sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an
unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and
regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by
you have licenses required by state law and by county or municipal licensing ordinances.
105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be permitted to complete all buildings
designed and approved prior to the effective date of a new code edition, provided a clear signed contract is in place.
The contract shall provide specific data mirroring that required by an application for permit, specifically, without
limitation, date of execution, building owner or dealer, and anticipated date of completion. However, the construction
activity must commence within 6 months of the contract's execution. The contract is subject to verification by the
Department of Gees Business and Professional Regulation.
105.3.8 Public right of way. A permit shall not be given by the building official for the construction of any building, or for
the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays,
balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placing on any lot
or premises of any building or structure removed from another lot or premises, unless the applicant has received a
right of way permit from the authority having jurisdiction over the street, alley or public lane.
105.4 Conditions of the permit. The issuance or granting of a permit shall not be construed to be a permit for, or an
approval of, any violation of any of the provisions of this code or of any other ordinance of the village. Permits
presuming to give authority to violate or cancel the provisions 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 prevent the building
official from requiring the correction of errors in the construction documents and other data. The building official is
also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of
the village.
105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority
to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent
the building official from thereafter requiring a correction of errors in plans, construction or violations of this code.
Every permit issued shall become invalid unless the work authorized by such permit is commenced within 6 months
after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 6 months after
the time the work is commenced.
105.4.1.1 If work has commenced and the permit is revoked, becomes null and void or expires because of lack of
progress or abandonment, a new permit, or revalidation of the original permit, covering the proposed construction shall
be obtained before proceeding with the work.
105.4.1.2 If a new permit, or revalidation of the original permit, is not obtained within six months from the date the initial
permit became null and void, the building official is authorized to require that any work which has been commenced or
completed be removed from the building site. Alternately, a new permit may be issued on application, providing the
work in place and required to complete the structure meets all applicable regulations in effect at the time the initial
permit became null and void and any regulations which may have become effective between the date of expiration and
the date of issuance of the new permit.
105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within
six months. This provision shall not be applicable in case of civil commotion or strike or when the building work is
halted due directly to judicial injunction, order or similar process, or due to action by an environmental or archeological
agency having jurisdiction. The building official is authorized to grant, in writing, one or more extensions of time, for
periods not more than 3 months each. The extension shall be requested in writing and justifiable cause
demonstrated, prior to expiration.
105.4.1.4 The fee for renewal, reissuance, and extension of a permit shall be as contained in the village's
comprehensive fee schedule as set forth by resolution of the village council. There may be fees or requirements from
other government agencies for permit extensions and renewals.
105.5 Reserved. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such
perma E _ , Anmenced within 180 days after its issuance, or if the work authorized on the site by such permit is
suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is
authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension
shall be requested in writing and iustifiable cause demonstrated.
105.6 Suspension Denial, or Revocation of permits. Whenever a permit required under this section is denied or
revoked because the plan, or the construction, erection, alteration, modification, repair, or demolition of a building, is
found by the local enforcing agency to be not in compliance with the Florida Building Code, the local enforcing agency
shall identify the specific plan or project features that do not comply with the applicable codes, identify the specific
code chapters and sections upon which the findina is based, and provide this information to the permit applicant. If the
local building code administrator or inspector finds that the plans are not in compliance with the Florida Building Code,
the local buildina code administrator or inspector shall identify the specific plan features that do not comply with the
applicable codes, identify the speck code chapters and sections upon which the finding is based, and provide this
information to the local enforcing agency. The local enforcing agency shall provide this information to the permit
applicant.
105.6.1 Misrepresentation of application. The building official may suspend or revoke a permit or approval, issued
under the provisions of this code, in case there has been any false statement or misrepresentation as to the material
fact in the application or plans on which the permit or approval was based.
105.6.2 Violation of code provisions. The building official may suspend or revoke a permit upon determination by the
building official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the
building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of,
or not in conformity with, the provisions of this code.
105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the
project ; Aaced so as to be visible from the street.
105.8 Notice of commencement. As per Section 713.135, F.S., when any person applies for a building permit, the village
shall print on the face of each permit card in no less than 14- point, capitalized, boldfaced type: "WARNING TO OWNER:
YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR
IMPROVEMENTS TO YOUR PROPERTY, IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR
AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT."
105.9 Asbestos. The village shall require each building permit for the demolition or renovation of an existing structure
to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with
the provisions of Section 469.003, F.S., and to notify the Department of Environmental Protection of his or her
intentions to remove asbestos, when applicable, in accordance with state and federal law. Refer to Section 105.3.6
"Asbestos Removal" above, for additional requirements.
105.10 Certificate of protective treatment for prevention of termites. A weather - resistant job -site posting board shall be
provided to receive duplicate treatment certificates shall be provided as each required protective treatment is
completed, supplying one copy for the person the permit is issued to and another copy for the building permit files. The
treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site
location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable
record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment
shall be completed prior to final building approval. For a bait system, see Section 1816.1.7 of the Florida Building Code
for contract document requirements.
105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for re-
inspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric
panel.
105.12 Work starting before permit issuance. Upon written request and approval of the building official, the scope of
work delineated in the building permit application and plan may be started prior to the final approval and issuance of
the permit, provided any work completed is entirely at risk of the permit applicant and the work does not proceed past
the first required inspection. This provision is only for the Florida Building Code; all other Agency approvals necessary
for construction must be secured prior to this provision being applied.
105.13 Phased permit approval. After submittal of the appropriate construction documents, the building official is
authorized to issue a permit for the construction of foundations or any other part of a building or structure before the
construction documents for the whole building or structure have been submitted. The holder of such permit for the
foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation
and without assurance that a permit for the entire structure will be granted. Corrections may be required to meet the
requirements of the technical codes. This provision is only for the Florida Building Code, all other Agency approvals
necessary for construction must be secured prior to this provision being applied.
105.14 Permit issued on basis of an affidavit. The building official may accept a sworn affidavit from a registered
architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the
affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and,
if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of
the technical codes as to strength, stresses, strains, loads and stability. Whenever a permit is issued in reliance upon
an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion
of the building official, are hazardous or complex, the building official shall require that the architect or engineer who
signed the affidavit or prepared the drawings or computations shall inspect such work. The building official may
without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit
agrees to submit to the building official copies of inspection reports as inspections are performed. In addition, they
shall certify conformity to the permit, and upon completion of the structure, electrical, gas, mechanical or plumbing
systems make and file with the building official written affidavit that the work has been done in conformity to the
reviewed plans and that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance
with the requirements of the technical codes. Where the building official relies upon such affidavit, the architect or
engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent
laws or ordinances. In the event such architect or engineer is not available, the owner shall employ in his stead a
competent person or agency whose qualifications are reviewed by the building official. The building official shall
ensure that any person conducting plans review is qualified as a plans examiner under Chapter 468, F.S., Part XII and
that any person conducting inspections is qualified as a building inspector under Chapter 468, F.S. Part XII. Nothing
aforesaid shall preclude plan review or inspections by the building official.
Exception: Permit issued on basis of an affidavit shall not extend to the flood load and flood- resistance requirements of
the Florida Building Code.
105.15 Opening protection. When any activity requiring a building permit that is applied for on or after July 1, 2008, and
for which the estimated cost is $50,000 or more for a site built single family detached residential structures that is
located in the wind borne debris region as defined in this Code and that has an insured value of $750,000 or more, or, if
the site built single family detached residential structures is uninsured or for which documentation of insured value is
not presented, has a just valuation for the structure for purposes of ad valorem taxation of $750,000 or more; opening
protections as required within this Code or Florida Building Code, Residential for new construction shall be provided.
Exception: Single family residential structures permitted subject to the Florida Building Code are not required to
comply with this section.
105.16 Inspection of existing residential building not impacted by construction.
(a) A local enforcing agency, and any local building code administrator, inspector, or other official or entity, may not
require as a condition of issuance of a one- or two - family residential building permit the inspection of any portion of a
building, structure, or real property that is not directly impacted by the construction, erection, alteration, modification,
repair, or demolition of the building, structure, or real property for which the permit is sought.
(b) This subsection does not apply to a building permit sought for:
1. A substantial improvement as defined in Section 161.54 FS or as defined in the Florida Building Code.
2. A change of occupancy as defined in the Florida Building Code.
3. A conversion from residential to non-residential or mixed use pursuant to Section 553.507(2)(a) FS or as
defined in the Florida Building Code.
4. A historic building as defined in the Florida Building Code.
(c) This subsection does not prohibit a local enforcing agency, or any local building code administrator, inspector or
other official or entity, from:
1. Citing any violation inadvertently observed in plain view during the ordinary course of an inspection
conducted in accordance with the prohibition in paragraph (a).
2. Inspecting a physically non- adiacent portion of a building, structure, or real property that is directly impacted
by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real
property for which the permit is sought.
3. Inspecting any portion of a building, structure, or real property for which the owner or other person having
control of the building, structure, or real property has voluntarily consented to the inspection of that portion of
the building, structure, or real property in accordance with the prohibition in paragraph (a).
-4 Inspection of any portion of a building, structure, or real property pursuant to an inspection warrant issued in
accordance with Sect ions 933.20 through 933.30 FS.
SECTION 106
FLOOR AND ROOF DESIGN LOADS
106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial
building is or has been designed to exceed 50 psf (2.40 kNlm2), such design live loads shall be conspicuously posted
by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface
such notices
106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until
the floor load signs, required by Section 106.1, have been installed.
106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a
building, structure or portion thereof, a load greater than is permitted by this code.
SECTION 107
SUBMITTAL DOCUMENTS
107.1 General. Submittal documents consisting of construction documents, statement of special inspections,
geotechnical report and other data shall be submitted in two or more sets with each permit application. The
construction documents shall be prepared by a registered design professional where required by Chapter 471, F.S. &
61G -15 F.A.C. or Chapter 481, F.S. & 61G -1 F.A.C. Where special conditions exist, the building official is authorized to
require additional construction documents to be prepared by a registered design professional. Electronic media
documents shall be submitted when required by the building official, and may require only one set of submittals.
Exception: The building official is authorized to waive the submission of construction documents and other data not
required to be prepared by a registered design professional if it is found that the nature of the work applied for is such
that review of construction documents is not necessary to obtain compliance with this code.
If the design professional is an architect, interior designer, landscape architect, or engineer legally registered under the
laws of this state regulating the practice of architecture or interior design as provided for in Chapter 481, F.S., Part I, or
landscape architecture as provided for in Chapter 481, F.S., Part II, or engineering as provided for in Chapter 471,
Florida Statutes, then he or she shall affix his or her official seal to said drawings, specifications and accompanying
data, as required by Florida Statute.
107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 107.2.5.
107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon
suitable material. Electronic media documents shall be submitted when approved by the building official. Construction
documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in
detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as
determined by the building official. Such drawings and specifications shall contain information, in the form of notes or
otherwise, as to the quality of materials, where quality is essential to conformity with the technical codes. Such
information shall be specific, and the technical codes shall not be cited as a whole or in part, nor shall the term 'legal'
or its equivalent be used as a substitute for specific information. All information, drawings, specifications and
accompanying data shall bear the name and signature of the person responsible for the design. (See also Section
107.3.5).
107.2.1.1 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to
indicate conformance with this code and the construction documents and shall be approved prior to the start of system
installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter
9.
107.2.1.2 For roof assemblies required by the code, the construction documents shall illustrate, describe and delineate
the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are
required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for
the specific site or a statement by an architect or engineer for the specific site must be submitted with the construction
documents.
107.2.1.3 Additional data. The building official may require details, computations, stress diagrams, and other data
necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and
accompanying data required by the building official to be prepared by an architect or engineer shall be affixed with their
official seal, signature and date as state law requires.
107.2.1.4 Quality of building plans. Building plans shall be drawn to a minimum 118 inch scale upon substantial paper,
cloth or other acceptable medium. The building official may establish through departmental policy, other standards for
plans and specifications, in order to provide conformity to its record retention program. This policy may include such
things as minimum size, shape, contrast, clarity, or other items related to records management. Electronic media must
be compatible with the archive requirements of Florida Statutes.
107.2.2 Reserved.
107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and
character of all portions of the means of egress in compliance with the provisions of this code. In other than
occupancies in Groups R -2, R -3, and 1 -1, the construction documents shall designate the number of occupants to be
accommodated on every floor, and in all rooms and spaces.
107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in
sufficient detail to determine compliance with this code. The construction documents shall provide details of the
exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details,
control joints, intersections at roof, eaves or parapets, means of drainage, water - resistive membrane and details around
openings. The construction documents shall include manufacturer's installation instructions that provide supporting
documentation that the proposed penetration and opening details described in the construction documents maintain
the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall
system which was tested, where applicable, as well as the test procedure used.
107.2.5 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site
plan showing to scale the size and location of new construction and existing structures on the site, distances from lot
lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways,
and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of
demolition, the site plan shall show construction to be demolished and the location and size of existing structures and
construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement
for a site plan when the application for permit is for alteration or repair or when otherwise warranted.
107.2.5.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in
accordance with Section 1612.3.1.
107.2.5.2 For the purpose of inspection and records retention, site plans for a building may be maintained in the form of
an electronic copy at the worksite. These plans must be open to inspection by the building official or a duly authorized
representative, as required by the Florida Building Code
107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying
submittal documents and shall ascertain by such examinations whether the construction indicated and described is in
accordance with the requirements of this code and other pertinent laws or ordinances.
Exceptions:
1. Building plans approved pursuant to Section 553.77(5), F.S., and state - approved manufactured buildings are exempt
from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or
construction at the site. Erection, assembly (including utility crossover connections) and construction at the site are
subject to local permitting and inspections. Photocopies of plans approved according to 984:009 F.A.C.
shall be sufficient for local permit application documents of record for the modular building portion of the permitted
project.
2. Industrial construction on sites where design, construction and fire safety are supervised by appropriate licensed
design and inspection professionals and which contain adequate in -house fire departments and rescue squads is
exempt, subject to approval by the building official, from review of plans and inspections, providing the appropriate
licensed design and inspection professionals certify that applicable codes and standards have been met and supply
appropriate approved drawings to local building and fire -safety inspectors.
107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents
shall be noted, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so
reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the
site of work and shall be open to inspection by the building official or a duly authorized representative.
107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or
designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully
authorized, and the construction of which has been pursued in good faith within 6 months after the effective date of this
code and has not been abandoned.
107.3.3 Phased approval. The building official is authorized to issue a permit for the construction of foundations or any
other part of a building or structure before the construction documents for the whole building or structure have been
submitted, provided that adequate information and detailed statements have been filed complying with pertinent
requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall
proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure
will be granted.
107.3.4.1 Generals Design profe in responsible ch ar -, When it is required that documents be prepared by a
registered design professional, the building official shall be authorized to require the owner to engage and designate on
the building permit application a registered design professional who shall act as the registered design professional in
responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional
in responsible charge who shall perform the duties required of the original registered design professional in
responsible charge. The building official shall be notified in writing by the owner if the registered design professional in
responsible charge is changed or is unable to continue to perform the duties. The registered design professional in
responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others,
including phased and deferred submittal items, for compatibility with the design of the building.
are Fegulated by ChapteF 9N-3 F.A.C. shal be Feviewed and appFOVed i n writing by the designeF Of reGord pF tQ
submitta WjWsd approval.
107.3.4.2- Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of
the design that are not submitted at the time of the application and that are to be submitted to the building official
within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The
registered design professional in responsible charge shall list the deferred submittals on the construction documents
for review by the building official.
Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge
who shall review them and forward them to the building official with a notation indicating that the deferred submittal
documents have been reviewed and found to be in general conformance to the design of the building. The deferred
submittal items shall not be installed until the deferred submittal documents have been approved by the building
official.
107.3.4.3- Certifications by contractors authorized under the provisions of Section 489.115 F.S., shall be considered
equivalent to sealed plans and specifications by a person licensed under Chapter 471, F.S., or Chapter 481 F.S., by the
village for plans review for permitting purposes relating to compliance with the wind- resistance provisions of the code
or alternate methodologies approved by the Florida Building Commission for one and two- family dwellings. The village
may rely upon such certification by contractors that the plans and specifications submitted conform to the
requirements of the code for wind resistance. Upon good cause shown, the village's code enforcement officer may
accept or reject plans sealed by persons licensed under Chapters 471,481 or 489, F.S.
107.3.5 Minimum plan review criteria for buildings. The examination of the documents by the building official shall
include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor /roof framing plan
or truss layout; all fenestration penetrations; flashing; and rough opening dimensions; and all exterior elevations:
107.3.5.1 COMMERCIAL BUILDINGS:
107.3.5.1.1 Building.
1. Site plan requirements:
Parking . accessibility requirements
Fire access a Fire l ane delineation
Vehicle loading
Driving /turning radius
Fire hydrant/water supply /post indicator valve (PIV)
Set backiseparation `ur" (assumed property lines)
Location of specific d tanks, water lines ptic tanks, and sewer lines
Flood hazard areas, flood zones, and design flood elevations ¢ inish roor elevation
2. Occupancy Use group and special occupancy requirements shall be determined.
3. Minimum type of construction shall be determined (see Table 503).
4. Fire - resistant construction requirements shall include the following components:
Fire - resistant separations vith UL or USGA Listings
Fire - resistant protection for type of construction
Protection of openings and penetrations of rated walls
Fire blocking and draft - stopping and calculated fire resistance
5. Fire suppression systems shall include:
Early warning smoke evacuation systems
Schematic fire sprinklers
Standpipes
Pre - engineered systems
Riser diagram
6. Life safety systems shall be determined and shall include the following requirements:
Occupant load and egress capacities
Early warning
Smoke control
Stair pressurization
Systems schematic
7. Occupancy loadiegress requirements shall include:
Occupancyload
Gross
Net
Means of egress
Exit access
Exit
Exit discharge
Stairs construction /geometry and protection
Doors
Emergency lighting and exit signs
Specific occupancy requirements
Construction requirements
Horizontal exits /exit passageways
Delineation of Travel Distances
8. Structural requirements shall include:
Soil conditionsianalysis
Termite protection
Design loads
Wind requirements desjgn c riteria .
Building envelope
Structural calculations (if required)
Foundation
Flood requirements in accordance with Section 1612, including lowest floor elevations, enclosures, flood
damage- resistant materials
Wall systems
Floor systems
Roof systems
Threshold inspection plan
Structural shoring details
Stair and guardraillhandra" systems
9. Materials shall be reviewed and shall at a minimum include the following:
Wood
Steel
Aluminum
Concrete
Plastic
Glass
Masonry
Gypsum board and plaster
Insulating (mechanical)
Roofing and faste
Insulation
10. Accessibility requirements shall include the following:
Site requirements
Accessible route
Vertical accessibility
Toilet and bathing facilities
Drinking fountains
Equipment
Special occupancy requirements
Fair housing requirements
11. Interior requirements shall include the following:
Interior finishes (flame spread /smoke development)
Light and ventilation
Sanitation
12. Special systems:
Elevators
Escalators
Lifts
13. Swimming Pools:
Barrier requirements
Spas
Wading Pools
Fountains
107.3.5.1.2 Electrical
1. Electrical:
Wiring
Services
Feeders and branch circuits
Overcurrent protection
Grounding
Wiring methods and materials
GFCIs and AFCI's
Smoke Alarm and Carbon Monoxide Alarm locations
2. Equipment.
3. Special occupancies.
4. Emergency systems.
5. Communication systems.
6. Low voltage.
7. Load calculations.
8. Design flood elevation.
107.3.5.1.3 Plumbing.
1. Minimum plumbing facilities.
2. Fixture requirements.
3. Water supply piping.
4. Sanitary drainage.
5. Water heaters.
6. Vents.
7. Roof drainage.
8. Back flow prevention.
9. Irrigation.
10.Location of water supply line.
11.Grease traps.
12.Environmental requirements.
13.Plumbing riser.
14.Design flood elevation.
107.3.5.1.4 Mechanical.
1. Exhaust systems:
Clothes dryer exhaust
Kitchen equipment exhaust
Specialty exhaust systems
2. Equipment.
3. Equipment location.
4. Make -up air (clothes dryer over 400 chm)
5. Roof - mounted equipment.
6. Duct systems.
7. Ventilation.
8. Combustion air.
9. Chimneys, fireplaces and vents.
10. Appliances.
11. Boilers.
12. Refrigeration.
13. Bathroom ventilation.
14. Laboratory.
15. Design flood elevation.
107.3.5.1.5 Gas.
1. Gas piping.
2. Venting.
3. Combustion air.
4. Chimneys and vents.
5. Appliances.
6. Type of gas.
7. Fireplaces.
8. LP tank location.
9. Riser diagramishutoffs.
10. Design flood elevation.
107.3.5.1.6 Energy Calculations.
107.3.5.2 Demolition.
1. Asbestos removal.
_)isc onnetion
107.3.5.3 RESIDENTIAL (ONE AND TWO- FAMILY).
1. Site requirements.
Set backiseparation stances to existing structur. , (assumed property lines)
Location of septic tanks and underground storage tanks
Finish floor eievation
2. Fire - resistant construction (if required) .
3. Smoke detector ISmoke Alarm a Ca rbon Mo noxide Alarm locations.
4. Egress.
Egress window size and location stairs construction requirements
5. Structural requirements shall include:
Wall section from foundation through roof, including assembly and materials connector tables
Termite protection
Design Loads
Wind requirements °de criteria
Building envelope
Structural calculations (if required)
Foundation
Wall systems
Floor systems
Roof systems
6. Accessibility requirements: showiidentify accessible bath.
7. Impact resistant coverings or systems.
8. Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment,
and flood damage- resistant materials.
9. Electrical:
Electric service riser with wire sizes, conduit detail and grounding detail. Complete load calculations,
Panel schedules
10. Mechanical:
Equipment and location, Duct systems
11. Plumbing:
Plumbing riser
Lawn Irrigation
12.Gas:
Gas piping
Venting
Combustion air
Chimneys and vents
Appliances
Type of gas
Fireplaces
LP tank location
Riser diagramishutoffs
13. Energy Calculations.
107.3.5.4 Swimming Pools.
1. Barrier requirements.
2. Spas.
3. Wading pools.
107.3.5.5 Exemptions. Plans examination by the building official shall not be required for the following work:
1. ReplaGiAg existing equipment suGh as meGhanlGal units, water heateFs, dG
I Minor electrical, plumbing and mechanical repairs.
Annual maintenance permits.
4.: Manufactured buildings or prototype building plans
(except for local site adaptations and foundations of buildings, which are constructed on site, and modifications or
structures that require waiver)
a. Site requirements:
Setbackiseparation (assumed property lines)
Location of septic tanks (if applicable)
Flo zones, flood elevation , lowest floor elevations
b. Structural:
Wind zone. design criteria
Anchoring
Blocking
c. Plumbing:
List potable water source and meter size (if applicable).
d. Mechanical:
Exhaust.
System.
Clothes dryer exhaust.
Kitchen equipment exhaust.
e. Electrical:
Exterior disconnect location.
f, Gas:
Piping isometric
Tank location, size
107.4 Amended construction documents. Work shall be installed in accordance with the approved Feviewed
construction documents, and any changes made during construction that are not in compliance with the <:� rip oved
feviewed construction documents shall be resubmitted for approval revievu as an amended set of construction
documents.
107.5 Retention of construction documents. One set of e#iciat construction documents shall be retained by
the building official as required by Florida Statutes.
107.6 Affidavits. The building official may accept a sworn affidavit from a registered architect or engineer stating that
the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans
conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings,
show the structural design and that the plans and design conform to the requirements of the technical codes as to
strength, stresses, strains, loads and stability. The building official may without any examination or inspection accept
such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building official
copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas,
mechanical or plumbing systems a certification that the structure, electrical, gas, mechanical or plumbing system has
been erected in accordance with the requirements of the technical codes. Where the building official relies upon such
affidavit, the architect or engineer shall assume full responsibility for compliance with all provisions of the technical
codes and other pertinent laws or ordinances. The building official shall ensure that any person conducting plans
review is qualified as a plans examiner under Chapter 468, F.S., Part XII and that any person conducting inspections is
qualified as a building inspector under Chapter 468, F.S. Part XII.
107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulation for
participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), the authority granted to the
Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis
of affidavits and plans submitted pursuant to Section 105.14 and Section 107.6, shall not extend to the flood load and
flood resistance construction requirements of the Florida Building Code.
SECTION 108
TEMPORARY STRUCTURES AND USES
108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such
permits shall be limited as to time of service, but shall not be permitted for more than 6 months. The building official is
authorized to grant extensions for demonstrated cause.
108.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of
egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health,
safety and general welfare.
108.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in
part of an electric installation before such installation has been fully completed and the final certificate of completion
has been issued. The part covered by the temporary certificate shall comply with the requirements specified for
temporary lighting, heat or power in ChaptOF 27 of the FloFida Building Code, Buil ?' 70
108.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or
use and to order the temporary structure or use to be discontinued.
SECTION 109
FEES
109.1 Prescribed fees. A permit shall not be issued until fees authorized under Section 553.80, F.S., have been paid. Nor
shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of
the building, structure, electrical, plumbing, mechanical or gas systems has been paid.
109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or
alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the village's
comprehensive fee schedule as set forth by resolution of the village council.
109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following:
• Permits;
• Plans examination;
• Certificates of competency (including fees for applications, examinations, renewal, late renewal, and reciprocity);
• Re- inspections;
• Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary
cases heard by the board);
• Variance requests;
• Administrative appeals;
• Violations; and
• Othe fees as established by_ local resolption or orciinanc6.
109.3 Building permit valuations. If, in the opinion of the building official, the claimed valuation of building, alteration,
structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on the application, the permit
shall be denied, unless the applicant can show detailed, quantity estimates, and/or bona fide signed contracts
(excluding land value) to meet the approval of the building official. For permitting purposes, valuation of buildings and
systems shall be total replacement value to include structural, electric, plumbing, mechanical, interior finish, relative
site work, architectural and design fees, marketing costs, overhead and profit; excluding only land value. Valuation
references may include the latest published data of national construction cost analysis services (Marshall -Swift, Means,
etc.), as published by International Code Congress. Final building permit valuation shall be set by the Building Official.
109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure,
electrical, gas, mechanical or plumbing system before obtaining the building official's approval or the necessary
permits shall be subject to a penalty fee in addition to the required permit fees, as contained in the village's
comprehensive fee schedule as set forth by resolution of the village council. The payment of a double fee shall not
preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The building
official m gr ant extensions of tim or w aive fees when lustifable cause has been demonstra in writing.
109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in
connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of
the permit from the payment of other fees that are prescribed by law
109.6 Refunds. The building official is authorized to establish a refund policy. There shall be no refund of fees on active
(issued) permits unless work has not started. Requests for refunds of permit fees paid must be submitted to the
Building Department within 30 days of the date of issuance of the permit.
There shall be no refunds of the plan submittal and review fee paid at the time of application for permit. Any eligible
amounts shall be refunded at the rate of 50 %.
SECTION 110
INSPECTIONS
110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official
and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval
as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of
other ordinances of the village. Inspections presuming to give authority to violate or cancel the provisions of this code
or of other ordinances of the village shall not be valid. It shall be the duty of the permit applicant to cause the work to
remain accessible and exposed for inspection purposes. Neither the building official nor the village shall be liable for
expense entailed in the removal or replacement of any material required to allow inspection. The building official shall
be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be
readlly determined in the field.
110.1.1 Manufacturers and fabricators. When deemed necessary by the building official, he/she shall make, or cause to
be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of
every such examination and inspection and of all violations of the technical codes.
110.1.2 Inspection service. The building official may make, or cause to be made, the inspections required by 110. He or
she may accept reports of department inspectors, independent inspectors or of recognized inspection services,
provided that after investigation he /she is satisfied as to their licensure, qualifications and reliability. A certificate
required by any provision of this code shall not be based on such reports unless the same are recorded by the building
code inspector or the architect or engineer performing building code inspections in a manner specified by the building
official. The building official sha ensure that all persons m aking such insp ections shall be certified in accor to
Cha pter 468 Florida Statues.
110.2 Preliminary inspection. Subject to the limitations of Chapter 553, F.S., before issuing a permit, the building official
is authorized to examine or cause to be examined buildings, structures and sites for which an application has been
filed.
110.2.1 Existing building inspections. Before issuing a permit, the building official may examine or cause to be
examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for
a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He /she may inspect the buildings,
structures, electrical, gas, mechanical and plumbing systems, from time to time, before, during and upon completion of
the work for which a permit was issued. He /she shall make a record of every such examination and inspection and of all
observed violations of the technical codes. Additional regulations in the Florida Building Code, Existing Building may
apply.
110.3 Required inspections. The building official upon notification from the permit holder or his or her agent, shall make
the following inspections, and such other inspections as deemed necessary, and shall either release that portion of the
construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to
comply with the technical codes. The building official shall determine the timing and sequencing of when inspections
occur and what elements are inspected at each inspection. A complete survey, or special purpose survey may be
required before an inspection is approved.
A. Building
1. Foundation inspection. To be made after trenches are excavated and forms erected and required reinforcing steel is
in place For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation
shall be on the iob, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on
the job, and, shall at a minimum include the following building components:
• Stem -wall.
• Monolithic slab-on-grade.
• Pilings and pile caps.
• Footings /grade beams.
1.1. Slab /Floor Inspection: Concrete slab and underfloor inspections shall be made after in -slab or under -floor
reinforcing steel or framing members installed and all building service equipment, conduit, piping accessories and
other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed,
including the subfloor.
A foundation /Form board survey prepared and certified by a registered surveyor may be required, prior to approval
of the slab inspection. The survey shall certify placement of the building on the site, illustrate all surrounding
setback dimensions and shall be available at the job site for review by the building inspector.
1.2. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further vertical
construction, the elevation certification, required in Section 1612.5 Flo Building Code Building and R3221.1.1
Florida Building Code Residentia shall be submitted to the building official.
2.Construction Inspections:
2.1. Lintel /tie beamslcolumnslmasonry units. To be made after masonry units, forms, reinforcing steel, shoring, conduit,
piping accessories, and other ancillary equipment items are in place, but before any concrete is placed.
2.2. Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the request of the
contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following
building components:
• Roof sheathing.
• Wall sheathing.
• Floor sheathing.
• Sheathing fasteners.
• Roof /wall dry-in.
• Gypsum board, as required.
• Sheathingicladding inspection.
NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be corrected prior
to installation of the dry-in material.
2.3. Framing inspection. To be made after the roof deck or sheathing, all framing, fire blocking and bracing is in place,
all concealed wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following
building components:
• Window /door framing and installation. Verify rough opening dimensions are within tolerances, buck and attachments
• Linteittie beams complete, if applicable.
• Framing ltrusseslbracinglconnectors (including truss layout drawings)
• Draft stopping /fire blocking
• Curtain wall framing* ?Fire resistant assemblies, joints and penetrations, as required
• Accessibility.
2. Roofing inspection. Shall at a minimum include the following building components:
• Dry-in.
• Insulation.
• Roof coverings (including in- progress).
• Flashing.
4. Energy insulation, thermal and ignition barriers.
5. Lath /Drywall. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and
exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.
Exception: Gypsum board that is not part of a fire - resistance- rated assembly or a shear assembly, unless otherwise
determined by the building official.
6. Final inspection. To be made after the building is completed and ready for occupancy.
6.1. Lowest floor elevation. In flood hazard areas, as part of the final inspection, a final certification of the lowest floor
elevation shall be submitted to the building official
7. Swimming pool inspection.
• First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain, and prior to
placing of concrete shell.
• Underground electric inspection.
• Underground piping inspection including a pressure test.
• Deck inspection: to be made prior to installation of the deck material (with forms, deck drains, and any reinforcement
in placed: and equipotential bonding)
• Final pool piping and Final electric inspection to be made prior to filling the swimming pool with water.
• Final permanent barrier inspection is to be made prior to filling the swimming pool with water.
• In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the
requirements relating to pool safety features as described in Section 424.2.17.
• Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in
place.
8. Demolition inspections.
• First inspection to be made after all utility connections have been disconnected and secured in such manner that no
unsafe or unsanitary conditions shall exist during or after demolition operations
• Final inspection to be made after all demolition work is completed
9. Manufactured building inspections. The building department shall inspect construction of foundations; connecting
buildings to foundations; installation of parts identified on plans as site installed items, joining the modules, including
utility crossovers; utility connections from the building to utility lines on site; and any other work done on site which
requires compliance with the Florida Building Code. Additional inspections may be required for public educational
facilities (See Section 423.27.20).
10. Where impact- resistant coverings or impact resistant systems are installed to meet requirements of this code, the
building official shall schedule adequate inspections of impact- resistant coverings or impact resistant systems to
determine the following:
• The system indicated on the plans was installed.
• The system is installed in accordance with the manufacturer's installation instructions and the product approval.
B. Electrical.
1. Underground inspection (including bonding and ground). To be made after trenches or ditches are excavated,
conduit or cable is installed, and before any backfill is put in place. 2.
Rough -in inspection. To be made after the building is dried -in, framing, fire - blocking and bracing is in place, and prior
to the installation of insulation (if applicable), or wall or ceiling membranes.
3. Low Voltage: To be made for seeuity, alarm, elevator, and special uses.
4. Final inspection. To be made after the building is complete, all required electrical fixtures are in place and properly
connected or protected, and the structure is ready for occupancy.
C. Plumbing.
1. Underground inspection. To be made after trenches or ditches are excavated, piping is installed, and before any
backfill is put in place.
2. Rough -in inspection. To be made after the roof, framing, fire - blocking and bracing is in place and all soil, waste and
vent piping is complete, and prior to the installation of insulation (if applicable), or wall or ceiling membranes.
3. Final inspection. To be made after the building is complete, all plumbing fixtures are in place and properly connected,
and the structure is ready for occupancy.
Note: See Section 312 of the Florida Building Code, Plumbing for required tests.
D. Mechanical.
1. Underground inspection. To be made after trenches or ditches are excavated, underground duct and fuel piping is
installed, and before any backfill is put in place.
2. Rough -in inspection. To be made after the building is dried -in, framing, fire blocking and bracing are in place and all
ducting, and other concealed components are complete, and prior to the installation of insulation (if applicable), or wall
or ceiling membranes.
3. Final inspection. To be made after the building is complete, the mechanical system is in place and properly
connected, and the structure is ready for occupancy.
E. Gas.
1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and before any
such piping has been covered or concealed or any fixtures or gas appliances have been connected.
2. Final piping inspection. To be made after all piping authorized by the permit has been installed and after all portions
which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas
appliances have been connected. This inspection shall include a pressure test.
3. Final inspection. To be made on all new gas work authorized by the permit and such portions of existing systems as
may be affected by new work or any changes, to ensure compliance with all the requirements of this code and to assure
that the installation and construction of the gas system is in accordance with reviewed plans.
F. Site Debris.
1. The contractor and/or owner of any active or inactive construction project shall be responsible for the clean -up and
removal of all construction debris or any other miscellaneous discarded articles prior to receiving final inspection
approval. Construction job sites must be kept clean.
2. All debris shall be kept in such a manner as to prevent it from being spread by any means.
110.3.1 Renewed= Energy efficiency inspections. Inspections shall be made to determine compliance with Florida
Energy Code and shall include, but not be limited to, inspections for: envelope insulation R- and U- values, fenestration
U- value, duct system R- value, and HVAC and water - heating equipment efficiency
110.3.2 Reseived - Flood hazard documentation. If located in a flood hazard area, documentation of the elevation of the
lowest floor as required in Section 1612.5 shall be submitted to the building official prior to the final inspection.
110.3.3 Reinforcing steel and structural frames. Reinforcing steel or structural frame work of any part of any building or
structure shall not be covered or concealed without first obtaining a release from the building official. Certification that
field welding and structural bolted connections meet design requirements shall be submitted to the building official,
upon request.
110.3.4 Termites. Building components and building surroundings required to be protected from termite damage in
accordance with Section 1503. 6, Section 2304.13 or Section 2304.11.6, specifically required to be inspected for
termites in accordance with Section 2114, or required to have chemical soil treatment in accordance with Section 1816
shall not be covered or concealed until the release from the building official has been received. (Also refer to Sections
105.10 and 105.11)
110.3.5 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed and
inspected by a Florida licensed professional engineer, employed by the permit holder or subcontractor, prior to any
required mandatory inspections by the threshold building inspector.
110.3.6 Fire- and smoke - resistant penetrations. Protection of joints and penetrations in fire - resistance -rated
assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.
110.3.7 Threshold building.
110.3.7.1 The village shall require a special inspector to perform structural inspections on a threshold building pursuant
to a structural inspection plan prepared by the engineer or architect of record. The structural inspection plan must be
submitted to the village prior to the issuance of a building permit for the construction of a threshold building. The
purpose of the structural inspection plans is to provide specific inspection procedures and schedules so that the
building can be adequately inspected for compliance with the permitted documents. The special inspector may not
serve as a surrogate in carrying out the responsibilities of the building official, the architect or the engineer of record.
The contractor's contractual or statutory obligations are not relieved by any action of the special inspector.
110.3.7.2 The special inspector shall determine that a professional engineer who specializes in shoring design has
inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the village. A
fee simple title owner of a building, which does not meet the minimum size, height, occupancy, occupancy
classification or number -of- stories criteria which would result in classification as a threshold building under Section
553 .71, F.S. may designate such building as a threshold building, subject to more than the minimum number of
inspections required by the Florida Building Code.
110.3.7.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the
special inspector shall be responsible to the village. The inspector shall be a person certified, licensed or registered
under Chapter 471, F.S. as an engineer or under Chapter 481, F.S. as an architect.
110.3.7.4 The village shall require that, on every threshold building:
110.3.7.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of
occupancy, file a signed and sealed statement with the village in substantially the following form: "To the best of my
knowledge and belief, the above described construction of all structural load- bearing components complies with the
permitted documents, and the shoring and reshoring conforms to the shoring and reshoring plans submitted to the
village."
110.3.7.4.2 Any proposal to install an alternate structural product or system to which building codes apply shall be
submitted to the village for review for compliance with the codes and made part of the village's recorded set of permit
documents.
110.3.7.4.3 All shoring and reshoring procedures, plans and details shall be submitted to the village for recordkeeping.
Each shoring and reshoring installation shall be supervised, inspected and certified to be in compliance with the
shoring documents by the contractor.
110.3.7.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record
contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply
with the applicable minimum building codes and the applicable fire -safety standards as determined by the village in
accordance with this section and Chapter 633, F.S.
110.3.7.5 The village may not issue a building permit for construction of any threshold building except to a licensed
general contractor, as defined in Section 489.105(3)(a), F.S., or to a licensed building contractor, as defined in Section
489.105(3)(b), F.S., within the scope of her or his license. The named contractor to whom the building permit is issued
shall have the responsibility for supervision, direction, management and control of the construction activities on the
project for which the building permit was issued.
110.3.7.6 The building department may allow a special inspector to conduct the minimum structural inspection of
threshold buildings required by this code, Section 553.73, F.S., without duplicative inspection by the building
department. The building official is responsible for ensuring that any person conducting inspections is qualified as a
building inspector under Chapter 468, F.S., Part XII or certified as a special inspector under Chapter 471 or 481, F.S..
Inspections of threshold buildings required by Section 553.79(5), F.S., are in addition to the minimum inspections
required by this code.
110.3.8 Reserved.
110.3.9 Other inspections services. The building official may make, or cause to be made by others, the inspections
required by Section 109. He /she may accept reports of inspectors of recognized inspection services, provided that after
investigation he /she is satisfied as to their qualifications and reliability. A certificate called for by any provision of the
technical codes shall not be based on such reports unless the same are in writing and certified by a responsible officer
of such service. The building official may require the owner to employ an inspection service in the following instances:
1. For buildings or additions of Type I construction.
2. For all major structural alterations.
3. Where the concrete design is based on compressive strength (f 'c) in excess of 3000 pounds per square inch.
4. For pile driving.
5. For buildings with area greater than 20,000 square foot.
6. For buildings more than 2 stories in height.
7. For buildings and structures of unusual design or methods of construction.
Such inspectors shall be adequately present at times work is underway on the structural elements of the building. Such
inspectors shall be a registered architect, or engineer, or a person licensed under Chapter 468, Part XIi, F.S. Such
inspectors shall submit weekly progress reports including the daily inspections to the building official, and including a
code compliance opinion of the Resident Inspector.
At the completion of the construction work or project, such inspectors shall submit a certificate of compliance to the
building official, stating that the work was done in compliance with this code and in accordance with the permitted
drawing. Final inspection shall be made by the building official before a Certificate of Occupancy or Certificate of
Completion is issued; and confirmation inspections may be made at any time to monitor activities and resident
inspectors.
110.3.9.1 Affidavit for Inspection. With specific prior approval of, and in a format acceptable to the building official, an
affidavit for certification of inspection may be accepted from the permit qualifier; when accompanied by extensive
photographic evidence of sufficient detail to demonstrate code compliance. The photographic evidence shall be
comprehensive in the display of the installation and/or construction and job location identifiers. The affidavit and
accompanying photographs shall be provided to the inspector onsite, at the next scheduled inspection. If the
photographs are found to be insufficient by the building official to demonstrate compliance with this code and /or the
permitted document, or clearly display location identifiers, or are missing, the inspector shall require the contractor to
obtain the services of a Registered Florida Professional Engineer to inspect and certify the installation and /or
construction.
110.3.10 Inspections prior to issuance of Certificate of Occupancy or Completion. The building official shall inspect or
cause to be inspected, at various intervals, all construction or work for which a permit is required, and a final
inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion,
prior to the issuance of the Certificate of Occupancy or Certificate of Completion. In performing inspections, the
building official shall give first priority to inspections of the construction, addition, or renovation to, any facilities
owned or controlled by a state university, state community college or public school district.
110.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies,
provided such agencies satisfy the requirements as to qualifications and reliability.
110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify
the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and
means for inspections of such work that are required by this code.
110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first
obtaining the approval of the building inspector. The building official, upon notification, shall make the requested
inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the
permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall
be corrected and such portion shall not be covered or concealed until authorized by the building official.
110.7 Impact of construction. All construction activity regulated by this code shall be performed in a manner so as not
to adversely impact the condition of adjacent property, unless such activity is permitted to affect said property
pursuant to a consent granted by the applicable property owner, under terns or conditions agreeable to the applicable
property owner. This includes, but is not limited to, the control of dust, noise, water or drainage run -offs, debris, and
the storage of construction materials. New construction activity shall not adversely impact legal historic surface water
drainage flows serving adjacent properties, and may require special drainage design complying with engineering
standards to preserve the positive drainage patterns of the affected sites. Accordingly, developers, contractors and
owners of all new residential development, including additions, pools, patios, driveways, decks or similar items, on
existing properties resulting in a significant decrease of permeable land area on any parcel or has altered the drainage
flow on the developed property shall, as a permit condition, provide a professionally prepared drainage plan clearly
indicating compliance with this paragraph. Upon completion of the improvement, a certification from a licensed
professional shall be submitted to the inspector in order to receive approval of the final inspection.
SECTION 111
CERTIFICATES OF OCCUPANCY AND
COMPLETION
111.1 Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy
classification of a building or structure or portion thereof shall be made, until the building official has issued a
Certificate of Occupancy therefore as provided herein. Issuance of a Certificate of Occupancy shall not be construed as
an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Said certificate shall
not be issued until all required electrical, gas, mechanical, plumbing and fire protection systems have been inspected
for compliance with the technical codes and other applicable laws and ordinances and released by the building official.
Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2.
111.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the
provisions of this code or other laws that are enforced by the building department or other agency whose approval is
inherent in the building permitting process, the building official shall issue a Certificate of Occupancy that contains the
following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner.
4. A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for compliance with the requirements of
this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.
6. For buildings and structures in flood hazard areas, a statement that documentation of the as-built lowest floor
elevation has been provided and is retained in the records of the building department.
7. The name of the building official.
8. The edition of the code under which the permit was issued.
9. The use and occupancy, in accordance with the provisions of Chapter 3.
10. The type of construction as defined in Chapter 6.
11. The design occupant load.
12. If an automatic sprinkler system is provided, whether the sprinkler system is required.
13. Any special stipulations and conditions of the building permit.
111.3 Temporarylpartial occupancy. A temporary/partial Certificate of Occupancy or Certificate of Completion may be
issued for a portion or portions of a building that may safely be occupied prior to final completion of the building. The
building official may require, once all life safety issues have been complied with, an applicant to provide adequate cash
surety for unfinished work or revision of plans until a permanent Certificate of Occupancy or Certificate of Completion
is granted. The purpose of the cash surety is to insure completion of work under this permit. Such cash surety shall be
equal to one hundred ten percent (110 %) of the estimated value of the remaining work, including labor and material, as
determined by the design professional. The design professional shall submit a signed and sealed document attesting to
the amount required to cover the cash surety. If work has not been completed and all finals requested within 90 days of
issuance of the initial Temporary/Partial Certificate of Occupancy or Certificate of Completion, the jurisdiction retains
the right to have the applicant surrender the cash surety. The jurisdiction then may use the surety to finish the
remaining work. The surety shall be in the form of cash money, certified check, or cashier's check. Surety shall be
returned upon approval of all final inspections and upon written request that has been approved by the building official.
This provision is only for the Florida Building Code; all other Agency approvals necessary for construction must be
secured prior to this provision being applied.
111.4 Certificate of Completion. Upon satisfactory completion of a building, structure, electrical, gas, mechanical or
plumbing system, a Certificate of Completion may be issued. This certificate is proof that a structure or system is
complete and for certain types of permits is released for use and may be connected to a utility system. This certificate
does not grant authority to occupy or connect a building, such as a shell building, prior to the issuance of a Certificate
of Occupancy.
111.5 Revocation. The building official is authorized to, in writing, suspend or revoke a Certificate of Occupancy or
Completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of
incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation
of any ordinance or regulation or any of the provisions of this code.
SECTION 112
SERVICE UTILITIES
112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to
any building or system that is regulated by this code for which a permit is required, until released by the building
official and a Certificate of Occupancy or Completion is issued. The servicing utility company shall not connect the
power supply until notified by the building official.
112.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the
building or system to the utility source of energy, fuel or power for the purpose of testing building service systems or
for use under a temporary Certificate of Occupancy.
112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection
of utility service to the building, structure or system regulated by this code and the referenced codes and standards set
forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life, or property, or
unsafe condition, or when such utility connection has been made without the approval required by Section 112.1 or
112.2. The building official shall notify the serving utility, and whenever possible the owner and occupant of the
building, structure, or service system of the decision to disconnect prior to taking such action. If not notified prior to
disconnecting, the owner or occupant of the building, structure, or service system shall be notified in writing, as soon
as practical thereafter.
SECTION 113
BUILDING BOARD OF ADJUSTMENT AND APPEALS
113.1 Appointment. There is hereby established a board to be called the Building Board of Adjustment and Appeals,
which shall consist of seven members and two alternates. The village council shall appoint the Board.
113.2 Membership and Terms.
113.2.1 Membership. The Building Board of Adjustment and Appeals shall consist of seven members. Such board
members shall be composed of individuals with knowledge and experience in the technical codes to include, to the
greatest extent possible, an architect, engineer, general contractor, electrical contractor, HVAC contractor, plumbing
contractor, and any other contractor licensed category. In addition to the regular members, there should be two
alternate members, one member with the qualifications referenced above and one member at large from the public. A
board member shall not act in a case in which he has a personal or financial interest.
113.2.2 Terms. The terms of office of the board members shall be staggered so no more than one -third of the board is
appointed or replaced in any 12 -month period. The two alternates, if appointed, shall serve one -year terms. Vacancies
shall be filled for an unexpired term in the manner in which original appointments are required to be made. Three
absences of any member from required meetings of the board shall in a 12 month period, at the discretion of the
applicable governing body, render any such member subject to immediate removal from office.
113.2.3 Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any provision of this
code, the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In
modifying a decision of the building official, not less than four affirmative votes, but not less than a majority of the
board, shall be required. In the event that regular members are unable to attend a meeting, the alternate members, if
appointed, shall vote.
113.2.4 Secretary of board. The village clerk or his/her authorized representative shall act as secretary of the board and
shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each
member, the absence of a member, and any failure of a member to vote.
113.3 Powers. The Building Board of Adjustments and Appeals shall have the power, as further defined in 116.4, to hear
appeals of decisions and interpretations of the building official and consider variances of the technical codes.
113.4 Appeals.
11 3.4A Decision of the building official. The owner of a building, structure or service system, or duly authorized agent,
may appeal a decision of the building official to the Building Board of Adjustment and Appeals whenever any one of the
following conditions are claimed to exist:
1. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or
materials to be used in the installation or alteration of a building, structure or service system.
2. The provisions of this code do not apply to this specific case.
3. That an equally good or more desirable form of installation can be employed in any specific case, which the building
official has rejected or refused.
4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly
interpreted.
113.4.2 Variances. The Building Board of Adjustments and Appeals, when upon written request, has been so appealed
to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion,
the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the
technical codes or public interest, and also finds all of the following:
1. That special conditions and circumstances exist which are peculiar to the building, structure or service system
involved and which are not applicable to others.
2. That the special conditions and circumstances do not result from the action or inaction of the applicant.
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code
to other buildings, structures or service system.
4. That the variance granted is the minimum variance that will make possible the reasonable use of the building,
structure or service system.
5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be
detrimental to the public health, safety and general welfare.
113.4.2.1 Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within
which the action for which the variance is required shall be commenced or completed or both. In addition, the board
may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a
variance shall be deemed a violation of this code.
113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the building official
renders the decision. Appeals shall be in a form acceptable to the building official and the village attorney.
113.5 Procedures of the board.
113.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent
with the provisions of this code. The board shall meet on call of the chairman. The board shall meet within 30 calendar
days after notice of appeal has been received.
113.5.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed
and govern the proceedings. Upon determination by the Chairperson, irrelevant, immaterial, or unduly repetitious
evidence may be excluded, but all other evidence of a type commonly relied upon by reasonable, prudent persons 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. Any part of the evidence may be received in written form. The Board may request certain evidence be
provided by an architect or engineer registered in the State of Florida, in which case said evidence shall be signed,
sealed, and dated.
113.5.1.2 Testimony. Any member of the Board or the attorney representing the Board may inquire of, or question, any
witness before the Board. Any member of the Board, the petitioner or his/her attorney, and /or the building official shall
be permitted to inquire of any witness before the Board. The Board may consider testimony presented by the building
official, the petitioner, or any other witness.
113.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without
unreasonable or unnecessary delay. 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 building official or varies the
application of any provision of this code, the building official shall immediately take action in accordance with such
decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public
inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept
publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final;
subject however to such remedy as any aggrieved party might have at law or in equity.
113.6 Local Construction Regulation Board. The local government may also utilize this Board to convene as the Local
Construction Regulation Board (LCRB), as provided in Section 489.113, F.S. The LCRB may deny, suspend, revoke or
limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if the board has
found such contractor, through public hearing, to be guilty of fraud or a willful building code violation within the county
or municipality that the board represents. The board may also, deny, suspend, revoke or limit the authority of a certified
contractor to obtain a building permit or permit with specific conditions, if it has proof through the public hearing
process, that a contractor has been found guilty in another county or municipality within the past 12 months, of fraud or
a willful building code violation and after providing notice of an opportunity to be heard to the contractor, finds that
such fraud or violation would have been fraud or a violation if committed in the county or municipality that the local
construction board represents. Notification of and information concerning such permit denial shall be submitted to the
department within 15 days after the local construction regulation board decides to deny the permit.
SECTION 114
VIOLATIONS
Any person, firm, corporation or agent who shall fail to comply with a provision of this code, or, or with any of the
requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas,
mechanical or plumbing system, or has erected, constructed, altered, repaired, moved or demolished a building,
structure, electrical, gas, mechanical or plumbing system, without full compliance with applicable codes, laws,
ordinances, rules and regulations, shall be in violation of this code. Each such person shall be considered guilty of a
separate offense for each and every day or portion thereof during which any violation of any of the provisions of
applicable codes, laws, ordinances, rules and regulations is committed or continued, and upon conviction of any such
violation such person shall be punished within the limits and as provided by state laws. Nothing in this section shall
prevent the village from imposing fines, liens, or seek injunction relief, or exercising other enforcement powers as
permitted by law. Code enforcement and penalties of Chapter 162 F.S. Part I shall be authorized if building work begins
without payment of all required fees, and for the purposes of enforcing this code, code officials licensed under Chapter
468, F.S., Part XII are deemed "Code Inspectors ", as defined in Section 162.04, F.S.
SECTION 115
STOP WORK ORDER
115.1 Stop work orders. Upon notice from the building official, work on any building, structure, electrical, gas,
mechanical or plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe
manner, shall immediately cease.
115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to
the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall
immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited
work will be permitted to resume. Where an emergency exists, the building official shall not be required to give a written
notice prior to stopping the work.
115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order,
except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to
penalties as prescribed by law.
SECTION 116
UNSAFE STRUCTURES AND EQUIPMENT
116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are
unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to
human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings
or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be
ordered by the building official to be abated by the owner, through repair and rehabilitation or by demolition in
accordance with the this Code. The extent of repairs shall be determined by the building official. A vacant structure that
is not secured against entry shall be deemed unsafe,
116.1.1 When the building official determines a building, structure, electrical, gas, mechanical or plumbing system or
portion thereof is unsafe, as set forth in this Code he/she shall provide the owner, agent or person in control of such
building, structure, electrical, gas, mechanical or plumbing system a written notice of violation stating the defects
thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements,
or to demolish and remove the building, structure, electrical, gas, mechanical or plumbing system or portion thereof. At
the option of the village, the processes and procedures for code enforcement under Chapter 162 F.S. may be utilized to
abate a violation under this section. If this statutory method of enforcement is invoked, the building official shall act in
the role of code inspector to initiate enforcement proceedings, and notice shall be in accordance with the provisions of
the Statute.
116.1.2 If necessary, the notice shall also require the building, structure, electrical, gas, mechanical, plumbing systems
or portion thereof to be vacated and/or disconnected, and not reoccupied and/or reconnected until the specified repairs
and improvements are completed, inspected and approved by the building official. The building official shall post at
each entrance to the building a placard stating: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN
PROHIBITED BY THE BUILDING OFFICIAL. This placard shall remain posted until the required repairs are made or
demolition is completed. It shall be unlawful for any person, firm or corporation or its officers, agents, or other
servants, to remove the posting without written permission of the building official, or for any person to enter the
building, or use the building or system(s) except for the purpose of making the required repairs or of demolishing
same.
116.1.3 in case the owner, agent, or person in control cannot be found within the stated time limit, or, if such owner,
agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate, or to demolish, and
remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof, the building official,
acting as a code inspector, shall notify the enforcement board or special magistrate and request a hearing. In the case
of the violation posing a serious threat, and after having ascertained the cost, the building official may take action to
cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof, to be demolished,
secured, repaired, or required to remain vacant or unused. Taking such action does not create a continuing obligation
on the part of the building official or the village to continue with maintaining such building, structure, or system; or
create liability for any damage to the property.
116.1.4 The decision of the building official shall be final in cases of emergency, which, in the opinion of the building
official, involve imminent danger to human life or health, or the property of others. He/she shall promptly cause such
building, structure, electrical, gas, mechanical or plumbing system or portion thereof to be made safe or cause its
removal. For this purpose he/she may at once enter such structure or land on which it stands, or abutting land or
structures, with such assistance and at such cost as he may deem necessary. He/she may order the vacating of
adjacent structures and may require the protection of the public by appropriate fence or such other means as may be
necessary, and for this purpose may close a public or private way.
116.2 Enforcement proceedings; hearings. Violation proceedings and hearings for unsafe structures and equipment will
be conducted before the code enforcement board or special magistrate in accordance with the provisions set forth in
Chapter 162, F.S.. The owner of property that is subject to an enforcement proceeding before an enforcement board,
special magistrate, or court is required to make disclosures as outlined in Chapter 162, F.S. before a transfer of
property, and failure to make the required disclosures creates a presumption of fraud.
116.3 Administrative fines; costs to repair; liens. All costs associated with taking a case before the enforcement board
or special magistrate shall be recovered where the village prevails. Whenever one of the orders of the enforcement
board or the special magistrate has not been complied with by the time set for compliance, for each day thereafter
during which each violation continues past the date set for compliance, the enforcement board or the special
magistrate may impose a fine. All costs incurred as a result of actions taken per Section 116.1.3 are charged to the
violator. A certified copy of an order imposing a fine, or a fine plus repair, and the costs of prosecuting the case, may
be recorded in the public records and shall thereafter constitute a lien against the land where the violation exists and
upon any other real or personal property owned by the violator.
116.4 Appeal. An aggrieved party, including the village, may appeal a final administrative order of an enforcement board
or special magistrate to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate
review of the record created before the enforcement board. An appeal shall be filed within 30 days of the execution of
the order to be appealed.
SECTION 117
TESTS
The building official may require tests or test reports as proof of compliance. Required tests are to be made at the
expense of the owner, or agent, by an approved testing laboratory or other approved agency.
SECTION 118
VARIANCES IN FLOOD HAZARD AREAS
118.1 Flood hazard areas. Pursuant to F.S. § 553.73(5), the variance procedures adopted in the local floodplain
management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of
Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building
Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building.
SECTION 119
SEVERABILITY
If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of this code.
(Ord. No. 5.12, § 1, 5.10 -2012; Ord. No. 4 -14, § 2, 2- 13.2014)
Sec. 14-33. - Establishment of wind speed lines.
As required by paragraph 1609.3 of the Florida Building Code, wind speed lines in the area of jurisdiction of the city are
hereby established as set forth on the basic wind speed map, which is hereby adopted and incorporated as if fully set
forth in this section, of which copies have been and are now filed in the office of the building official of the village
Pursuant to Figures 1609A, B and C of the Florida Building Code, design wind speeds are as follows:
Category I buildings -160 mph.
Category II buildings -170 mph.
Category 111 and IV buildings -180 mph.
(Ord. No. 5 -12, § 1, 5.10 -2012)
Editor's note —
Ord. No. 5.12, § 1, adopted May 10, 2012, repealed the former § 14-33, and enacted a new § 14-33 as set out herein. The
former § 14.33 pertained to fire limits and derived from § 6 -23 of the 1977 Code.
Sec. 14-34. - Technical amendments to the Florida Building Code Residential adopted.
The Village of Tequesta adopts the following technical amendments to the Florida Building Code, Residential, 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.
R322.2.1 Elevation requirements.
(1) Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors
elevated to or above the base flood elevation plus 1 foot or the design flood elevation, whichever is higher.
(2) Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated
to or above the base flood elevation plus 1 foot (305 mm), or to the design flood elevation, whichever is higher.
(3) In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement)
elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus 1
foot, or at least 3 feet if a depth number is not specified.
(4) Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus 1 foot
or the design flood elevation, whichever is higher.
Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on
all sides, shall meet the requirements of Section R322.2.2.
R322.3.2 Elevation requirements.
(1) All buildings and structures erected within coastal high -hazard areas shall be elevated so that the lowest portion of
all structural members supporting the lowest floor, with the exception of mat or raft foundations, piling, pile caps,
columns, grade beams and bracing, is:
1.1 Located at or above the base flood elevation plus 1 foot or the design flood elevation, whichever is higher, if the
lowest horizontal structural member is oriented parallel to the direction of wave approach, where parallel shall mean
less than or equal to 20 degrees (0.35 rad) from the direction of approach, or
1.2 Located at the base flood elevation plus 2 feet, or the design flood elevation, whichever is higher, if the lowest
horizontal structural member is oriented perpendicular to the direction of wave approach, where perpendicular shall
mean greater than 20 degrees (0.35 rad) from the direction of approach.
(2) Basement floors that are below grade on all sides are prohibited.
(3) The use of fill for structural support is prohibited.
(4) Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage
purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways.
Exception: Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of
Sections R322.3.4 and R322.3.5.
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 enacted.
Section 3 : All Ordinances or parts of Ordinances in conflict herewith 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 and incorporate this
Ordinance into the existing Code of Ordinances of the Village of Tequesta.
Section 6 : This Ordinance shall become effective immediately upon passage.
FIRST READING this day of August, 2015.
SECOND AND FINAL READING this day of September, 2015.