11-27-2001 •rr 'vow
City of Edgewater
Construction Regulation Board
Regular Meeting
Planning Department Conference Room
Tuesday November 27, 2001
5:30 p.m.
Community Development AGENDA 139 East Park Avenue
CALL TO ORDER Chairman Bosse
ROLL CALL Board Coordinator
APPROVAL OF MINUTES May 29, 2001 Chairman Bosse
UNFINISHED BUSINESS None at this time.
NEW BUSINESS
1) Review Local Adoption of Building Code Amendments Dennis I. Fischer
a) Interlocal Agreement
b) Establishing the "Code Compliance Review Board"
c) Establishing the `By Laws"
d) Local adoption of Chapter 1, Administration
e) The Local Amendments
ADJOURN
In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in this
proceeding should contact Board Coordinator Tonya Elliott at (386)424 -2411, no late than 48 hours prior to the proceeding.
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10/3/2001
BY LAWS OF THE UNIFIED CODE COMMITTEE
OF VOLUSIA AND FLAGLER COUNTY
ARTICLE I - NAME AND PURPOSE
SECTION I
The organization shall be known as the Unified Code Committee (UCC) of Volusia and Flagler County.
The Unified Code Committee was created by an Interlocal Agreement approved by elected officials
representing municipal and county governments located in Volusia and Flagler County, Florida.
SECTION II
The purpose of the Unified Code Committee is to establish a structured system for the adoption of local
amendments to the Florida Building Code and to promote a collective approach to construction code
interpretations and enforcement.
ARTICLE II -MEMBERSHIP AND VOTING
SECTION
There shall be the following classification of membership:
Active Members- One (1) representative, or his designee, typically the Building Official, appointed by the
governing body of each and every municipality, Volusia County and Flagler County who have executed
the Unified Code Committee Interlocal Agreement.
Associate Members - Related industries, Volusia Council of Governments, Builders, Contractors, other
trade related individuals, and representatives of municipalities who have not executed the Unified Code
Committee Interlocal Agreement.
SECTION II
All active members shall be entitled to vote. Any active member may make or second a motion and all
members shall be entitled to participate in all discussions and to serve on any committee. Motions shall
be approved by a majority of active members present except for amendments to the By-laws and building
code.
ARTICLE III -CHAIRMAN AND VICE CHAIRMAN
SECTION I
The Chairman shall be appointed in the alphabetical order of jurisdictions represented. The Vice
Chairman shall represent the jurisdiction serving in the subsequent year. Active members may choose to
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Building Code Amendment
1601.5.1 Non-Habitable Accessory Structures for group R2 and R3 (one and two family
dwelling), of 120 square feet or less, shall be deemed in compliance with Section 1606 by
submitting plans utilizing accepted principles of good engineering practices.
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SECTION 4: LOCAL AMENDMENTS TO THE NFPA 70 (NEC)
210 BRANCH CIRCUITS EXCEPTION:
210.1 Every kitchen shall have a minimum of a) Provide for outside access to an electrical
two appliance circuits with a maximum of two equipment room located on an exterior wall
duplex receptacles per circuit. where the service main disconnect(s) are
within five (5)feet of the outside door. A
210.2 Dishwasher, refrigerator, freezer, rapid entry system to this door would be
microwave and all water pump systems shall provided to the local fire department; or, the
each be on a separate circuit. Garbage disposal "shunt trip" station may be located inside
may be included on the small appliance circuits. within five (5)feet of an approved outside
door where rapid entry is assured through a
210.3 Multi-outlet extensions for computers, security box. Provide a permanent
data processing equipment, etc., which requires nameplate indicating "entry Key to Service
surge protection shall be permitted. Temporary Disconnect Inside."
power taps with thermal or over-current
protection shall be permitted for secretary desk, b) A rapid entry security box would be
typewriters,etc. provided, housing a shunt trip operator
assembly. Provide a permanent nameplate
230 SERVICE REQUIREMENTS indication "Shunt Trip Operator Inside."
230.1 The service requirements for residential c) If exception A or B is elected it is required
uses are established as follows: to provide a permanent nameplate sixty-six
(66) inches above finished grade, adjacent
a) New single family dwelling unit: A to the meter location, indicating rapid entry
minimum of 150 amp, 3-wire service; device location.
Maximum of one utility meter.
230.5 Buildings with multiple occupancy shall
b) New multi-family dwelling units: A not have more than six (6) separate sets of
minimum of 100 amp, 3-wire service for service-entrance conductors tapped from each
each unit. service drop or lateral. •
c) Mobile home service in accordance with 300 WIRING METHODS AND
nameplate, or a minimum of ,100 amps, MATERIALS
whichever is greater.
300.1 Rigid conduit:All buildings other than
230.2 All service wires supplying current for one,or two family residences shall be wired with
light, heat, power or advertising to any building rigid conduit or metal molding, PVC, electrical
for overhead connection, shall be installed in metallic tubing, or other approved wiring
rigid metal conduit, intermediate metal conduit systems. All conduit or other approved wiring
or polyvinyl chloride (PVC) Schedule 40 from systems shall contain an equipment-grounding
the service head to the service equipment. conductor.
300.2 Approved direct burial cable may be
230.3 Service heads through the roof shall be used on single family residential property only.
in rigid metal conduit, minimum size 2 inches.
Service heads through the roof that exceed 3 feet 300.3 All conduits installed below grade or in
shall have the necessary supports by braces or direct contact with the earth, shall be
guys. rigid metal conduit or approved rigid
non-metallic.
230.4 All commercial buildings with the main
disconnect(s) located inside shall have a shunt 300.4 Aluminum cable and wire shall not be _
trip control installed outside adjacent to the used except sizes No. 1 and larger. All
meter at 7 feet above grade. aluminum conductor terminations shall have
approved inhibitor used.
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300.5 Disconnect switch: When equipment is b) Other electrical equipment within 10' of the
located outside of the building,a dead-front type, water's edge shall be connected to -an
or non-dead front type (if means of securing equipment-grounding conductor sized in
cover from access by unqualified persons is accordance with Table 250-95, but not
provided)disconnect switch shall be provided. smaller than No. 12. It shall be an insulated
copper conductor and shall be installed with
300.6 Cables: Nonmetallic sheathed cable, the circuit conductors in rigid metal conduit,
underground feeder, and branch circuit cables intermediate metal conduit, electrical
shall be protected by approved raceway or other metallic tubing, or rigid non-metallic
approved materials to a height of 8 feet. conduit.
300.7 Panels: All panels shall have one c) Swimming pool equipment rooms shall be
double-pole spare space. Access to the panel for wired in PVC, plastic coated rigid metal
use of the spaces shall be provided by one inch conduit; or other material for use in a
or larger empty raceway to an accessible area. chlorine environment. Plain galvanized or
sheradized conduit suitable shall not be
300.8 Sign. circuit: A separate sign circuit used.
shall be installed in all new or remodeled stores
or public buildings, and either a dis-connect, 700 EXIT AND EMERGENCY LIGHTING:
safety switch or circuit breaker shall be installed Occupancies that are required to have dual-
according to the NEC. source exit and emergency lighting, utilizing
battery-pack type fixtures (regardless of the
305 TEMPORARY ELECTRICAL number of circuits), shall be wired to the
POWER: Temporary electrical power shall be a circuit(s) supplying the normal lighting in the
minimum of 60 amps 240 volts and comply with area, ahead of any switches. Lock-on devices .
NEC 305-6A. Service shall provide 1-50 amp 3- shall be installed on the circuit breakers
wire 240-volt single-phase receptacle and 1-15 involved.
amp 120-volt 3-wire GFCI receptacle and shall
comply with 305-6A.
450 TRANSFORMERS: All bell/chime
transformers must be located at the panel or
readily accessible places. No transformers may
be installed in clothes closets or attic spaces.
680-8 Overhead Conductor Clearances:
Pools and the area extending 10 ft. (3.05m)
horizontally from the inside of the walls of the
pool shall not be placed under existing service-
drop conductors or any other open overhead
wiring.
680-20 Underwater Lighting Fixtures: All
lighting fixtures shall be installed for operation
at 15 volts or less.
680-25.2 Other Equipment:
a) Electrically powered equipment(i.e.,pumps,
transformers, motor driven fans, AC
compressors or air handlers, etc.), shall not
be located within 10 feet of the inside walls
of swimming pools. Enclosures to insure
against the hazards of shock and/or
electrocution may be required.
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c. Subpoena evidence to its hearings.
d. Take testimony under oath.
e. Issue orders having the force of law to compel an adjudicated violator to comply.
Section 21-86.06 - Procedures
a. The CEB shall adopt rules of procedure that guarantee fundamental fairness,procedural due
process and substantive due process for all parties within ninety(90)days of adoption of this
Code.
b. The City shall provide each alleged offender with a Notice of Hearing not less than fourteen
(14) days prior to the CEB meeting at which the matter will be considered.
c. Upon issuance of a Notice of Hearing,ex parte communication for the CEB is effective and
no further contact with the alleged offender is permitted outside of the CEB hearing.
d. A more detailed discussion of the hearing process and procedures is found in Article X.
SECTION 21-87 - CONSTRUCTION REGULATION BOARD (CRB)
21-87.01 - Purpose
The purpose of the Construction Regulation Board is to provide reviews and recommendations to
the City Council on building and construction related matters.
21-87.02 - Membership
a. The CRB shall be composed of seven (7) members appointed by the City Council. Five(5)
members shall be representative of the following:Florida licensed general contractor,Florida
licensed architect or structural engineer,Florida licensed property or casualty agent,Florida
certified fire inspector or firefighter, and a citizen at large. The remaining two(2)members
shall be chosen from the following Florida licensed contractors:electrical,plumbing,and air
conditioning. The architect shall be other than a landscape architect. No city employee shall
be a member of the CRB.
b. Each member of the CRB shall be a resident of the City unless no qualified resident
candidate applies.
c. Members of the CRB shall be appointed for a term of three(3) years without compensation
but may receive travel and other necessary expenses while on official business of the CRB.
Due to the need to stagger terms to guarantee continuity on the CRB,the initial appointments
Rev. 7/00(PolicesProcedures/LandDevelopmentCode) VIII-7
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shall be as follows: Three(3)members shall be appointed for one(I)year,two(2)members
shall be appointed for two (2) years, and two (2) members shall be appointed for three (3)
years.
d. If a member of the CRB is absent for three (3) consecutive regular meetings or twenty five
percent (25%) or more of all meetings held during any calendar year, said member shall
forfeit the office. The City Council shall fill the office for the remainder of the unexpired
term.
e. A member of the CRB may be removed for cause by the City Council at any time, provided
however, that before such removal the member shall be provided with written charges and
is afforded a public opportunity to provide a defense.
f. No member of the CRB shall vote upon any matter which would inure to his special private
gain; or of any principal to which he is retained or to the parent organization or subsidiary
of a corporate principal by which he is retained: or which would inure to the special private
gain of a relative or business associate.
g. No member of the CRB shall appear for or represent any person in any matter before the
CRB other than himself.
h. No past member of the CRB shall appear before the CRB except when representing
himself/herself for a period of twelve (12) calendar months after his service has ended.
i. The CRB shall elect a Chairman and Vice-Chairman from among its members at the first
regular meeting in January each year to serve a term of one (1) year. The officers shall be
eligible for reelection.
j. The Chairman shall preside at all meetings and hearings of the CRB and appoint any
committees that are deemed necessary.
k. In the absence of the Chairman, the Vice-Chairman shall preside at all the meetings and
hearings of the CRB.
1. The members of the CRB may select an additional person who shall preside over meetings
in the absence of the Chairman and Vice Chairman.
m. The Secretary, provided by the City, shall keep minutes of the proceedings of the CRB.
Rev.7/00(PolicesProcedures/LandDevelopmentCode) VIII-8
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21-87.03 - Meetings
a. The CRB shall adopt by-laws for conducting their meetings.
b. Special meetings of the CRB may be called by the Chairman, Building Official or Fire
Official if at least forty-eight(48)hours notice is given to each member of the CRB. In case
of extenuating circumstances, the Chairman may call an emergency meeting if at least
twenty-four(24) hours notice is given to each member.
c. The CRB may continue a regular meeting if all business cannot be completed on that day.
The date and time of the meeting's resumption shall be started by the presiding officer at the
time of continuance.
d. In the event that less than a quorum is present at any proceeding of the CRB,the proceeding
shall be rescheduled within a reasonable period of time. The Secretary shall notify all parties
and such other interested persons as may be designated of the time, place and date of the
rescheduled proceeding.
21-87.04 - Powers & Duties
a. To review the building, fire, and other related technical codes and policies.
b. To hear appeals of a decision or action of the Building Official or Fire Chief regarding the
adopted technical codes.
c. To provide recommendations to the City Council on building and construction related
matters.
d. To exercise disciplinary control and oversight over locally licensed contractors.
e. To adopt rules of procedure not inconsistent with the provisions of this Article and approved
as to legal form and correctness by the City Attorney.
21-87.05 - Appeals
a. The purpose of this section is to set forth an appeals process regarding interpretations,
enforcement, decisions or actions by the Building Official or the Fire Chief.
b. The CRB is deemed to be competent to sit in judgement on matters concerning the
interpretation of the standard building codes and the NFPA Life Safety and Fire Prevention
Codes and its' enforcement.
Rev.7/00(PolicesProcedures/LandDevelopmentCode) VIII-9
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c. The CRB shall provide for reasonable interpretation of the provisions of the codes and rule
on appeals from decisions of the department having jurisdiction.
d. Application for appeals shall be submitted to the Building Department along with a non-
refundable fee as established by the City. The application shall state the code provisions
from which relief is sought and the remedy proposed.
e. Any person shall be permitted to appeal a decision by the Building Official or the Fire Chief
when it is claimed any one or more of the following conditions exist.
1. The true intent of the codes or ordinances described are interpreted incorrectly.
2. The provisions of the code or ordinance do not fully apply.
3. A decision is unreasonable or arbitrary as it applies to alternatives or new materials.
f. Any person shall be permitted to appeal a decision by the Building Official or the Fire Chief
when any one or more of the following decisions have been reached.
1. The refusal to issue a building permit.
2. Refusal to approve a project on interim or final inspection.
3. Refusal to issue a C.O.
4. Issuance of a stop work order.
5. A decision that a project is subject to and must conform to one or more technical
codes and must be authorized by a building permit.
6. Revocation of a building permit, C.O. or use
g. Any person aggrieved by a decision of the CRB shall appeal such decision to Circuit Court.
Sections 21-88 through 21-89 reserved for future use.
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UNIFIED CODE COMMITEE
10/3/2001
INTERLOCAL AGREEMENT
To provide for uniform construction codes for Volusia County.
THIS AGREEMENT, made and entered among the signatories below of the City of Beverly
Beach, a_Florida municipal corporation hereafter referred to as Beverly Beach; City of Bunnell,
a Florida municipal corporation hereafter referred to as Bunnell; City of Daytona Beach, a
Florida municipal corporation hereafter referred to as Daytona Beach; City of Daytona Beach
Shores, a Florida municipal corporation hereafter referred to as Daytona Beach Shores; City of
DeBary, a Florida municipal corporation hereafter referred to as DeBary; City of DeLand, a
Florida municipal corporation hereafter referred to as DeLand; City of Deltona, a Florida
municipal corporation hereafter referred to as Deltona; City of Edgewater, a Florida municipal
corporation hereafter referred to as Edgewater; City of Flagler Beach, a Florida_municipal
corporation hereafter referred to as Flagler Beach City of Holly Hill, a Florida municipal
corporation hereafter referred to as Holly Hill; City of Lake Helen, a Florida municipal
corporation hereafter referred to as Lake Helen; City of New Smyrna Beach, a Florida municipal
corporation hereafter referred to as New Smyrna Beach; City of Oak Hill, a Florida municipal
corporation hereafter referred to as Oak Hill; City of Orange City, a Florida municipal
corporation hereafter referred to as Orange City; City of Ormond Beach, a Florida municipal
corporation hereafter referred to as Ormond Beach; City of Palm Coast, a Florida municipal
corporation hereafter referred to as Palm Coast; Town of Pierson, a Florida municipal
corporation hereafter referred to as Pierson; Town of Ponce Inlet, a Florida municipal
corporation hereafter referred to as Ponce Inlet; City of Port Orange, a Florida municipal
corporation hereafter referred to as Port Orange; City of South Daytona, a Florida municipal
corporation hereafter referred to as South Daytona; the County of Flagler, a political
subdivision of the State of Florida, hereinafter referred to as Flagler County and the County of
Volusia, a political subdivision of the State of Florida, hereinafter referred to as Volusia
County; all of whom are collectively hereinafter referred to as Members.
WITNESSETH:
WHEREAS, the Members are authorized pursuant to the Florida Interlocal Cooperation
Act of 1969 (§163.01, Florida Statutes) to cooperate with other localities on a basis of mutual
advantage; and
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WHEREAS, the Members wish to set forth certain agreements among themselves
respecting the creation of a unified building code amending and enforcing the Florida Building
Code; and
WHEREAS, it is the purpose and intent of this Interlocal Agreement to create a
structured approach to the formulation and adoption of administrative and technical
amendments to the Florida Building Code; and
WHEREAS, Volusia and Flagler Counties and every municipality are authorized to adopt
and adopt amendments to the Florida Building Code pursuant to Florida Statutes 553.73; and
WHEREAS, entering into this Interlocal Agreement is in the best interest of the citizens
of Volusia and Flagler Counties as it will benefit the health, safety and welfare of said citizens;
Now THEREFORE, in consideration of the premises, mutual covenants, provisions and
representations contained herein, the parties hereto agree as follows:
ARTICLE I STATEMENT OF PURPOSE
The purpose of this Interlocal Agreement is to:
1. Establish a system for the adoption of amendments to the Florida Building Code;
2. Explore, initiate and enact policies and procedures necessary to achieve uniform
enforcement of the Florida Building Code across jurisdictional boundaries in Volusia
and Flagler Counties.
3. Create a forum where citizens, contractors and interested parties can actively
participate in the committee's functions and the amendment process.
4. Explore ways of sharing resources where practical and beneficial.
ARTICLE II DURATION AND MODIFICATIONS
This Interlocal Agreement shall become effective upon being filed with the Clerk of the
Circuit Court of Volusia rc' ='ic,_l r :; ;. n::i : Florida. This Interlocal Agreement shall remain
in effect for six (6) years and shall be automatically renewed for successive six (6) year periods
unless a majority of the Members hereto notified the other Members in writing, more than
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thirty (30) days before each six (6) year anniversary of their wish to terminate this Interlocal
Agreement.
This Interlocal Agreement may be amended by mutual written agreement of the
Members. Any amendments to this Interlocal Agreement shall be effective upon being filed
with the Clerk of the Circuit Court of Volusia ! !-?' t ou n_i s, Florida.
Any Member may terminate as a party to this Agreement upon written notice by first
class mail to the Volusia Council of Governments.
ARTICLE III DUTIES
A. The Unified Building Code Committee is hereby created consisting of one (1)
representative appointed by the governing body of each Member and shall meet as
required to formulate model codes and local amendments thereto.
B. The Unified Building Code Committee shall coordinate this review with every permitting
agency in Flagler County, Volusia County, area construction trade associations, Volusia
Council of Governments and any other interested parties.
C. Review, discuss and approve requests for administrative and technical amendments to
the Florida Building Code. Committee, shall review fiscal impact statements and
consider whether local conditions justify more stringent requirements than those
specified in the Florida Building Code. No technical amendments shall be approved
without an affirmative vote from a majority of the active members present during the
meeting. All approved amendments, no more than once every 6 months, shall be
presented to each member's governing body for adoption.
D. Review, discuss and hear presentations for new products, materials and construction
techniques.
E. Consider and establish procedures for standardizing enforcement of the Florida
Building Code to ensure countywide uniformity.
F. Examine feasibility of sharing resources, where possible, for maximum efficiency and
benefit.
G. Provide a forum whereby contractors, citizens and interested parties can solicit
information and provide input to local Building Officials for their consideration.
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H. The governing body of participating jurisdictions reserves all power and authority
granted under charter or state law. The Unified Building Code Committee may review
local interpretations and provide advisory opinions; however, formal appeals of specific
local government decisions shall be handled exclusively by the authorized Board of
Adjustment and Appeals within that jurisdiction. The governing body of any
municipality or the n_i n;i-s; may adopt amendments to the codes that are necessary as
a condition precedent to any federal or state sponsored programs
I. Administration and enforcement of the Florida Building Code shall be performed by the
the municipalities in Volusia County or the authorized designees
of either, within their respective jurisdictions.
J. Nothing in this part limits the power of Members to regulate the quality and character
of work performed by contractors through a system of permits, fees and inspections
designed to secure compliance with state and local building laws or to enforce other
laws for the protection of the public health and safety.
Ix WITNESS WHEREOF, by identical originals, the parties hereto have caused these
presents to be signed in their names by their proper Officers and their seals to be affixed,
attested by their Clerks, the day and year below written and forwarded to the Volusia Council
of Governments for filing of this Interlocal Agreement with the Clerk of the Circuit Court of
Volusia and ria« er Counties, Florida.
THE CITY OF
by:
Mayor
Attest:
APPROVED BY: Date:
City Attorney
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10/3/2001 DRAFT
CODE COMPLIANCE REVIEW BOARD
INTERLOCAL AGREEMENT BETWEEN VOLUSIA AND FLAGLER COUNTY,
FLORIDA AND THE CITIES AND TOWNS OF BUNNELL, BEVERLY BEACH,
DAYTONA BEACH, DAYTONA BEACH SHORES, DEBARY, DELAND,
DELTONA, EDGEWATER, FLAGLER BEACH, HOLLY HILL, LAKE HELEN,
NEW SMYRNA BEACH, OAK HILL, ORANGE CITY, ORMOND BEACH, PALM
COAST,. PIERSON, PONCE INLET, PORT ORANGE, SOUTH DAYTONA,
AND, FLORIDA, ESTABLISHING A COUNTYWIDE CODE COMPLIANCE
REVIEW BOARD TO REVIEW CHALLENGES TO LOCAL TECHNICAL
AMENDMENTS TO THE FLORIDA BUILDING CODE.
WITNESSETH:
WHEREAS, the Florida Building Code Act of 1998 created a unified statewide
building code to be uniformly in effect throughout the State of Florida, beginning
January 1, 2002; and
WHEREAS, Section 553.73(4)(b)(7), Florida Statutes, requires each county and
municipality desiring to make local technical amendments to the Florida Building Code
to establish, by interlocal agreement, a code compliance review board to
review any amendment to the Florida Building Code, adopted by local government, that
is challenged by an substantially affected party for purposes of determining the
amendment's compliance with Section 553.73, Florida Statutes; and
WHEREAS, the parties to this agreement, constituting local governments within
Volusia and Flagler County, Florida, desire to preserve their respective abilities to make
local technical amendments to the Florida Building Code, and thereby wish to establish
a sere code compliance review board with the power, jurisdiction and authority to
review such local technical amendments to the Florida Building Code, pursuant to
Section 558.78, Florida Statutes;
NOW THEREFORE, in consideration of the foregoing premises, the parties
hereto agree to the following:
Section 1. Incorporation by Reference.
The foregoing preambles are incorporated in and made a part of this Interlocal
Agreement.
Section 2. Creation of Board: Composition.
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A. There is hereby created and established a code compliance review board
to be known and designated as the Building Code Compliance Review
Board, and herein after referred to as the "Board."
B. The Board shall consist of one (1) member appointed from and by each
local government within Volusia and Flagler County, Florida, which has
executed the Unified Code Committee Interlocal Agreement and is a party
to this Interlocal Agreement.
C. Each participating local government shall, to the greatest extent possible,
appoint a member who resides within the boundaries of the respective
local government with knowledge and expertise in building construction,
fire safety standards and construction codes. To avoid a conflict of
interest, this person shall not be an employee of the local government-
D. The Board shall elect a chair who shall preside at all meetings, and a vice-
chair, who shall serve in the absence of the chair. The chair and vice-
chair shall be voting members of the Board.
E. Members of the Board shall serve without compensation.
Section 3. Adoption of Rules and Procedures; Minutes.
A. The Board shall be entitled to adopt such rules and procedures as from
time to time it shall deem appropriate for the proper conduct of its duties.
B. The Board shall keep minutes of its proceedings, showing the vote of each
member upon each question or, if absent or failing to vote, indicating such
fact and shall keep records of its hearings and other official actions, all of
which shall be of public record.
Section 4. Quorum.
A majority of the active members of the Board shall constitute a quorum, and the
affirmative vote of a majority of a quorum present shall be required for any action
to be taken; but a smaller number may adjourn from time to time until a quorum
is present.
• Section 5. Powers of Board.
The Board shall have the power to:
(a) Adopt rules for the conduct of its hearings.
(b) Review any local technical amendment to the Florida Building Code,
adopted by a local government within Volusia and Hader Counties
County pursuant to Section 553.73, Florida Statutes, that is challenged by
any substantially affected party for purposes of determining the
amendment's compliance with Section 553.773.73(4), Florida Statutes.
Page 2 of 3
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Section 6. Appeals.
If the Board determines an amendment is not in compliance, the local
government may appeal the decision of the Board to the Florida Building
Commission. If the Board determines such amendment to be in compliance, any
substantially affected party may appeal such determination to the Florida Building
Commission.
Section 7. Withdrawal from Participation on Board.
Any party under this Interlocal Agreement may withdraw from this agreement and
membership on the Board upon providing thirty (30) days written notice to the
Board.
Section 8. Additional Parties to Interlocal Agreement.
Any other local governments within Volusia and Flagler County, Florida may
become a party to this Interlocal Agreement by executing a counterpart hereof
and furnishing notice of execution and an executed copy of such counterpart to
the Board, and shall thereafter be entitled to membership on the Board with the
same rights, privileges, obligations and duties as if any original party to this
Interlocal Agreement.
Section 9. Miscellaneous.
A. This Agreement may be executed in counterparts. Each copy shall be
deemed an original but all of them together shall constitute one and the
same
B. This Agreement shall be binding upon and inure to the benefit of
the respective parties.
C. This Agreement shall be governed by and in accordance with the
laws of the State of Florida.
D. This Agreement constitutes the entire agreement between the
parties with respect to the specific matters contained herein and
supercedes all previous discussion, understandings, and
agreements. Amendments to or waivers of the provisions herein
shall be made by the parties in writing.
IN WITNESS WHEREOF, each party to this Agreement has caused it to
be executed on the date indicated below.
City/Town/County Name
By
(Chief Elected Official)
Attest: Date:
City/Town/County Clerk
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CHAPTER 1
ADMINISTRATION
SECTION 101 101.4.2 Building. The provisions of the Florida Build-
GENERAL ing Code shall apply to the construction, erection, altera-
tion, modification, repair, equipment, use and occu-
101.1 Scope. The provisions of this chapter shall govern the panty, location,maintenance,removal and demolition of
administration and enforcement of the Florida Building every public and private building, structure or facility or
Code. floating residential structure, or any appurtenances con-
nected or attached to such buildings, structures or facili-
101.2 Title. The provisions of the following chapters shall ties. Additions,alterations,repairs and changes of use or
"Florida occupancy group in all buildings and structures shall
constitute and be known and be cited as the
Building Code,"hereinafter known as"this code." comply with the provisions provided in Chapter 34 of
this code.
101.3 Code Remedial The following buildings, structures, and facilities are
101.3.1 General. This code is hereby declared to be exempt from the Florida Building Code as provided by
remedial and 511211 be construed to secure the beneficial law, and any future exemptions shall be as determined
interests and purposes thereof, which are public safety, by the legislature and provided by law:
health and general welfare through structural stieugth, (a) Building and structures specifically regulated
stability, sanitation, adequate light and ventilation, and and preempted by the Federal Government
safety to life and property from fire and other hazards (b) Railroads and ancillary facilities associated
attributed to the built environment including alteration, with the railroad.
repair, removal, demolition, use and occupancy of build- (c) Nonresidential farm buildings on farms.
ings, structures or premises, and by regulating the installa-
tion and maintenance of all electrical,gas, mechanical and
plumbing systems, which may be referred to as service for construction purposes.
systems (e) Mobile homes used as temporary offices, ex-
cept that the provisions of part V(ss. 553.501-
101.3.2 Quality control. Quality control of materials and 553.513,FS)relating to accessibility by persons
with
workmanship is not within the purview of this code except disabilities shall apply to such mobile
as it relates to the purposes stated herein. homes.
(f) Those structures or facilities of electric utilities,
101.3.3 Permitting and inspection. The inspection or as defined in s. 366.02, which are directly in-
permitting of any building, system or plan by the volved in the generation, transmission, or dis-
jurisdiction under the requirements of this code shall not be tribution of electricity.
construed in any court as a warranty of the physical condi- (g) Temporary sets, assemblies, or structures used
lion of such building, system or plan or their adequacy. commercial motion picture or television pro-
Neither the jurisdiction nor any employee thereof shall be duction, or any sound-recording equipment
liable in tort for damages for any defect or hazardous orb such production,on or off the premises.
illegal condition or inadequacy in such building. system or (h) Chickees constructed by the Miccosukee Tribe
plan, nor for any failure of any component of such, which of Indians of Florida of the Seminole Tribe of
may occur subsequent to such inspection or permitting, Florida As used in this paragraph, the term
unless the employee of juriscliction is found to have acted "chickee"means an open-sided wooden hut that
in bad faith or with malicious purpose in a manner exhib- has a thatched roof of palm or palmetto or other
icing wanton and willful disregard of the safety, health and traditional materials, and that does not incorpo-
rate any electrical,plumbing,or other nonwood
features.
101.4 Applicability 101.4.2.1 The Florida Building Code does not apply
101.4.1 General. Where, in any specific case, different to, and no code enforcement action shall be brought
sections of this code specify different materials,methods respect to, zoning requirements,ion shall
land use re-
of construction or other requirements, the most restric-
five shall govern. Where there is a conflict between a quirements and owner specifications or programmatic
general requirement and a specific requirement, the spe- requirements which do not pertain to and govern the
cific requirement shall be applicable. design, construction, erection, alteration,. modifica-
tion, repair or demolition of public or private build-
ings, structures or facilities or to programmatic re-
quirements that do not pertain to enforcement of the
FLORIDA BUILDING CODE—BUILDING 1.1
�ww J
Florida Building Code. Additionally, a local code en- tion and authority of the Department Of Agriculture t
forcement agency may not administer or enforce the and Consumer Services to inspect amusement rides or
Florida Building Code, Building to prevent the siting the Department of Insurance to inspect state-owned
of any publicly owned facility, including,but not lim- buildings and boilers.
ited to, correctional facilities, juvenile justice facili-
ties, or state universities, community colleges, or 101.4.2.5 Each enforcement district* shall be gov-
public education facilities,as provided by law. erned by a board, the composition of which shall be
determined by the affected localities. At its own op-
101.4.2.2 In addition to the requirements of ss. 553.79 tion, each enforcement district or local enforcement
and 553.80 Florida Statutes, facilities subject to the agency may promulgate rules granting to the owner of
provisions of Chapter 395 Florida Statutes and Part II a single-family residence one or more exemptions to
of Chapter 400 Florida Statutes shall have facility the Florida Building Code relating to:
plans reviewed and construction surveyed by the state 1. Addition, alteration or repair performed by the
agency authorized to do so under the requirements of property owner upon his or her own property,
Chapter 395 Florida Statutes and Part II of Chapter provided any addition or alteration shall not ex-
400 Florida Statutes and Part II of Chapter 400 Florida ceed 1,000 square feet or the square footage of
Statutes and the certification requirements of the Fed- the primary structure,whichever is less.
eral Government. 2. Addition, alteration or repairs by a nonowner
within a specific cost limitation set by rule,
101.4.2.3 Residential buildings or structures moved provided the total cost shall not exceed $5,000
into or within a county or municipality shall not be within any 12-month period
required to be brought into compliance with the state 3. Building and inspection fees.
minimum building code in force at the time the
building or structure is moved,provided: Each code exemption, as defined in this section, shall
1. The building or structure is structurally sound be certified to the local board 10 days prior to imple-
and in occupiable condition for its intended use; mentation and shall be effective only in the territorial
2. The occupancy use classification for the build- jurisdiction of the enforcement district or local en-
ing or structure is not changed as a result of the forcement agency implementing it.
move;
3. The building is not substantially remodeled
4. Current fire code requirements for ingress and 101.4.3 Electrical. The provisions of Chapter 27 of the
egress are met; Florida Building Code, Building shall apply to the instal-
5. Electrical, gas and plumbing systems meet the lation of electrical systems, including alterations, repairs,
codes in force at the time of construction and replacement, equipment, appliances, fixtures, fittings and
are operational and safe for reconnection;and appurtenances thereto.
6. Foundation plans are sealed by a professional
engineer or architect licensed to practice in this 101.4.4 Gas. The provisions of the Florida Building Code,
state,if required by the Florida Building Code, Fuel Gas shall apply to the installation of consumers' gas
Building for all residential buildings or struc- piping,gas appliances and related accessories as covered in
tures of the same occupancy class. this code. These requirements apply to gas piping systems
101.4.2.3.1 The building official shall apply the extending from the point of delivery to the inlet connec-
tions of appliances, and the installation and operation of
same standard to a moved residential building or residential and commercial gas appliances and related
structure as that applied to the remodeling of any accessories.
comparable residential building or structure to
determine whether the moved structure is substan- 101.4.5 Mechanical. The provisions of the Florida
tially remodeled. The cost of the foundation on Building Code, Mechanical shall apply to the installation
which the moved building or structure is placed of mechanical systems, including alterations, repairs,
shall not be included in the cost of remodeling for replacement, equipment, appliances, fixtures, fittings and
purposes of determining whether a moved build- appurtenances, including ventilating, heating, cooling, air
ing or structure has been substantially remodeled conditioning and refrigeration systems, incinerators and
other energy-related devices.
101.4.2.3.2 Unsafe Buildings shall be abated us-
ing the Standard Unsafe Building Abatement 101.4.6 Plumbing. The provisions of the Florida Building
Code. 1997 edition, promulgated by the Southern Code, Plumbing shall apply to every plumbing installation;
Building Code Congress International, Inc., sub- including alterations, repairs, replacement, equipment,
jest to all amendments, modifications or deletions appliances, fixtures, fittings and appurtenances and when
hereinafter contained connected to a water or sewerage system and all aspects of
a medical gas system.
101.4.2.4 This section does not apply to the jurisdic-
1.2 FLORIDA BUILDING CODE—BUILDING
101.4.7 Federal and state author The provisions of perform Me duty. it is to be construed to authorize
this code shall not be held to deprive any Federal or State the building official or other officer to designate.
agency, or any applicable governing authority having delegate and authorize professional level subordinates
jurisdiction, of any power or authority which it had on the to perform the required act or duty unless the terms of
effective date of the adoption of this code or of any remedy the provision or section specify otherwise.
then existing for the enforcement of its orders, nor shall it
deprive any individual or corporation of its legal rights as 101.4.13.4 Month. The word "month" shall mean a
provided by law. calendar month.
101.4.8 Appendices. To be enforced, the appendices 101.4.13.5 Shall, may. The word"shall"is mandatory,
included in the technical codes must be adopted by a local "may" is permissive. The word "shall"
governmental jurisdiction for use in that jurisdiction. takes precedence over"may."
101.4.9 Referenced standards. Standards referenced in 101.4.13.6 Written or in writing. The term "written"
the technical codes shall be considered an integral part of or "in writing" shall be construed to
the codes without separate adoption. If specific portions of include any representation of words, letters
a standard are denoted by code text, only those portions of or figures whether by printing or otherwise.
the standard shall be enforced Where code provisions
conflict with a standard, the code provisions shall be 101.4.13.7 Year. The word "year" shall mean a
enforced. Permissive and advisory provisions in a standard calendar year. unless a fiscal year is
shall not be construed as mandatory. indicated.
101.4.10 Units of measure. The inch-pound system of 101.4.13.8 Interpretation. Interpretations of this
measurement is applicable to the provisions of this code. chapter shall be made by the building
Metric units indicated in parenthesis following inch-pound official.
units are approximate equivalents and are provided for
informational purposes only. 101.4.14 Words not defined.
101.4.14.1 Words not defined herein shall have the
101.4.11 Accessibility. For provisions related to accessi- meaning stated in the Florida Statutes or other nationally
bility, refer to Chapter 11 of the Florida Building Code, recognized codes, or other documents. manuals or
Building. standards adopted elsewhere in this chapter. Words not
defined in those documents hall have the meaning
101.4.12 Energy. For provisions related to energy,refer to stated in the Webster's Ninth New Collegiate Dictionary,
Chapter 13 of the Florida Building Code,Building. as revised.
101.4.13 Rules of Construction The rules set out in this 101.4.14.2 In case of a conflict in definitions or codes,
section shall be observed. unless such construction is the appropriate definition(or code)to be applied shall be
inconsistent with the manifest intent of this chapter. The the one applicable to the trade in question. In case of a
rules of construction and definitions set out here shall not conflict between different parts of this chapter: conflicts
be applied to any section of this chapter which contains within the same code: or conflicts between code; the
any express provisions excluding such construction, or more stringent requirements shall be applicable.
where the subject matter or content of such section would
be inconsistent with this section. 101.4.15 Words Defined
Abandon or abandonment. (1) Termination of a
101.4.13.1 Generally. All provisions, terms, phrases construction project by a contractor without iust cause or
and expressions contained in this division shall be proper notification to the owner including the reason for
liberally construed in order that the true intent and termination. (2) Failure of a contractor to perform work
meaning of the administration of the jurisdiction may without lust cause for ninety(90) days. (3) Failure to obtain
be fully carried out.Terms used in this division,unless an approved inspection within one hundred eighty(180)days
otherwise specifically provided, shall have the from the previous approved inspection.
meanings prescribed by the statutes of this state for the
same terms. Appraised value. For the purpose of this section,
appraised value is defined as either (1) one hundred and
101.4.13.2 Text. In case of any difference of meaning twenty(120)percent of the assessed value of the structure as
or implication between the text of this division and indicated by the County Property Appraiser's Office or (2)
any figure.the text shall control. the value as indicated in a certified appraisal from a certified
appraiser.
101.4.13.3 Delegation of authority. Whenever a
provision appears requiring the building official or
some other officer or employee to do some act or
FLORIDA BUILDING CODE—BUILDING 1.3
Assessed value. The value of real property and building*structure either at one (.1) time or at -
improvements thereon as established by the County Property different times within a specified period of tinfe.
Appraiser.
Demolition. The act of razing, dismantling or
Authorized agent. A person specifically authorized removal of a building or structure, or portion thereof, to the
by the holder of a certificate of comjetency to obtain permits ground level
in his stead.
Examination. An exam prepared, proctored and
Basic Wind Speed Line. The basic wind speed line for the graded by a recognized testing agency unless otherwise
jurisdiction shall be as established by the wind speed contour implied in context or specifically stated otherwise.
map attached to, and made part of,this chapter if applicable.
FCILB. The Florida Construction Industry
Board. The appropriate City or County Board of Licensing Board.
Adjustment and Appeals,unless otherwise specifically stated.
Imminent Danger. Structurally unsound conditions
Building component. An element or assembly of of a structure or portion thereof that is likely to cause
elements integral to or part of a building. physical injury to a person entering the structure: Or Due to
structurally unsound conditions: any portion of the structure
Building shell. The structural components that is likely to fall,be carried by the wind,or otherwise detach or
completely enclose a building, including, but not limited to. move, and in doing so cause physical iniurt or damage to a
the foundation, structural frame, floor slabs, exterior walls person on the property or to a person or property nearby: Or
and roof system. The condition of the property is such that it harbors or is
inhabited by pests,vermin, or organisms injurious to human
Building system. A functionally related group of health, the presence of which constitutes an immediate
elements, components and/or equipment, such as the hazard to people in the vicinity.
electrical,plumbing and mechanical systems of a building,
Inspection warrant. A court order authorizing the
Certification. The act or process of obtaining a official or his designee to perform an inspection of a
certificate of competency from the state or municipality particular property named in the warrant.
through the review of the applicant's experience and financial
responsibility as well as successful passage of an Intensification of use. An increase in capacity or
examination. number of units of a residential or commercial building.
Certificate of competency (certificate). An official Interior finish. The preparation of interior spaces of
document evidencing that a person is qualified to engage in a commercial building for the first occupancy thereof.
the business of contracting, subcontracting or the work of a
specific trade. Licensed contractor. A contractor certified by the
State of Florida or the local jurisdiction who has satisfied the
Certificate of experience. An official document all state or local requirements to be actively engaged in
evidencing that an applicant has satisfied the work contracting.
experience requirements for a certificate of competency.
Market value. As defined in floodplain regulations
Certificate of occupancy (C.O.). An official of this code.
document evidencing that a building satisfies the
requirements of the jurisdiction for the occupancy of a Owner's agent. A person firm or entity authorized
building in writing by the owner to act for or in place of the owner.
Certified contractor. Any contractor who possesses Permit. An official document authorizing
a certificate of competency issued by the Department of performance of a specific activity regulated by this chapter.
Professional Regulation of the State of Florida.
Permit card or placard A document issued by the
Change of occupancy. A change from one Building jurisdiction evidencing the issuance of a permit and recording
Code occupancy classification or subclassification to another. of inspections.
Commercial building. Any building, structure, Qualifying agent,primary. A person who possesses
improvement or accessory thereto, other than a one- or two- the requisite skill, knowledge, experience and certificate of
family dwelling, competency, and has the responsibility to supervise, direct_
manage.and control the contracting activities of the business
Cumulative construction cost. The sum total of costs organization with which he is associated; who has the
associated with any construction work done to a responsibility to supervise, direct. manage and control
1.4 FLORIDA BUILDING CODE—BUILDING
construction.activities on a job for AIM he has obtained a Stop wow'order. An order by the building official.
permit,and whose technical and personal qualifications have or his designee,which requires the immediate cessation of all
been determined by investigation and examination and is work and work activities described in the order.
evidenced by his possession of a certificate of competency.
Structural component. Any part of a system.
Qualifying_ agent, secondary. A person who building or structure,load bearing or non-load bearing which
possesses the requisite skill, knowledge. experience and is integral to the structural integrity thereof. including but not
certificate of competency, and has the responsibility to limited to walls,partitions,columns,beams and girders.
supervise, direct, manage and control construction activities
on a job for which he has obtained a permit, and whose Structural work or alteration. The installation or
technical and personal qualifications have been determined assembling of new structural components into a system,
by investigation and examination and is evidenced by his building or structure.Also,any change,repair or replacement
possession of a certificate of competency, of any existing structural component of a system. building or
structure.
Reciprocity. To accept a verified affidavit from any
municipality or county of the State of Florida that the Substantial completion. Where the construction
applicant has satisfactorily completed a written examination work has been sufficiently completed in accordance with the
in its jurisdiction equal in content with the examination applicable city, state and federal codes, so that the owner can
required by this chapter. occupy or utilize the project for the use for which it is
intended.
Registered contractor. A contractor who has
registered with the department of professional regulation of Value. Job cost.
the State of Florida pursuant to fulfilling the competency
requirements of the local jurisdiction.
SECTION 102
Registration. The act or process of registering a BUILDING DEPARTMENT
locally obtained certificate of competency with the state, or
the act or process of registering a state issued certificate of
competency with the municipality.
102.1 Establishment. There is hereby established a
Remodeling. Work which changes the original size, department to be called the Building Department and the
configuration or material of the components of a building. person in charge hall be known as the Building Official.
Residential building. Any one- or two-family 102.2 Employee qualifications
building or accessory. 102.2.1 Building Official Qualifications. The
Building Official shall be licensed as a Building Code
Roofing. The installation of roof coverings, Administrator by the State of Florida. The Building Official
shall be appointed or hired by the applicable governing
Spa. Any constructed or prefabricated pool authority and shall not be removed from office except for
containing water jets. cause after full opportunity has been given to be heard on
specific charges before such applicable governing authority.
Specialty contractor. A contractor whose services 102.2.3 Employee Qualifications. The Building
do not fall within the categories specified in Section
Official, with the approval of the applicable governing
489.105(3),Florida Statutes,as amended
authority, may appoint or hire such number of officers,
Start of construction: inspectors, plans examiners, assistants and other employees
as shall be authorized from time to time. A person shall not
Site: The physical clearing of the site in preparation be appointed or hired as inspector or plans examiner unless
for foundation work including, but not that person meets the qualifications for licensure as an
limited to, site clearing, excavation de- inspector or plans examiner, in the appropriate trade as
watering,pilings and soil testing activities. established by the State of Florida.
Building: The removal, disassembly, repair, 102.3 Restrictions on employees. An officer or employee
replacement,installation or assembly of the connected with the department, except one whose only
building, structure, building system or connection is as a member of the board established by this
building components in whole or parts code, shall not be financially interested in the furnishing of
thereof. 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. within the
jurisdiction of the department,unless he is the owner of such.
This officer or employee shall not engage in any other work
FLORIDA BUILDING CODE—BUILDING 1.5
fir'
which is inconsistent with his duties or conflict with the have recourse every remedy provided 15y law tQ secure
interest of the department entry.
102.4 Records. The Building_Official shall keep,or cause to 103.2.2 When the building official shall have first
be kept, a record of the business of the department The obtained a proper inspection warrant or other remedy
records of the department shall be open to public inspection. provided by law to secure entry,no owner or occupant or
any other persons having charge, care or control of any
102.5 Liability. Any officer or employee, or member of the building, structure,or premises shall fail or neglect,after
Board of Adjustments and Appeals, charged with the proper request is made as herein provided, to promptly
enforcement of this code, acting for the applicable governing permit entry therein by the building official for the pur-
authority in the discharge of his duties, shall not thereby pose of inspection and examination pursuant to this
render himself personally liable, and is hereby relieved from code.
all personal liability, for any damage that may accrue to
persons or property as a result of any act required or permit- 103.3 Stop work orders. Upon notice from the building
ted in the discharge of his duties. Any suit brought against official, work on any building, structure, electrical, gas,
any officer or employee or member because of such act mechanical or plumbing system that is being done contrary to
performed by him in the enforcement of any provisions of the provisions of this code or in a dangerous or unsafe
this code shall be defended by the department of law until the manner, shall immediately cease. Such notice shall be in
final termination of the proceedings, unless such person is writing and shall be given to the owner of the property, or to
found to have acted in bad faith or with malicious purpose or his agent,or to the person doing the work,and shall state the
in a manner exhibiting wanton and willful disregard for the conditions under which work may be resumed. Where an
safety,health,and welfare of the public. emergency exists, the building official shall not be required
to give a written notice prior to stopping the work.
SECTION 103 103.4 Revocation of permits. The building official is
POWERS AND DUTIES OF THE authorized to suspend or revoke a permit issued under the
BUILDING OFFICIAL provisions of this code wherever the permit is issued in error
or on the basis of incorrect, inaccurate or incomplete
information, or in violation of any ordinance or regulation or
any provisions of this code.
103.1 General. The building official is hereby authorized 103.4.1 Misrepresentation of application. The
and directed to enforce the provisions of this code. The building official may revoke a permit or approval,issued
building official shall have the authority to render interpreta- under the provisions of this code, in case there has been
tions of this codeand to adopt policies and procedures in any false statement or misrepresentation as to the mate-
order to clarify the application of its provisions. Such rial fact in the application or plans on which the permit
interpretations, policies and procedures shall be in corn/Ai-
or approval was based
ance with the intent and purpose of this code, and shall not
have the effect of waiving requirements specifically provided 103.4.2 Violation of code provisions.The building
for in this code.
official may revoke a permit upon determination by the
building official that the construction, erection, altera-
103.2 Right of entry Lion, repair, moving, demolition, installation, or re-
placement of the building, structure, electrical, gas, me-
103.2.1 Whenever necessary to make an inspection chanical or plumbing
to enforce any of the provisions of this code, or when- plumbing systems for which the permit was
issued is in violation of or not in conformity with the
ever the building official has reasonable cause to believe
provisions of this code.
that there exists in any building or upon any premises
any condition or code violation which makes such 103.5 Unsafe buildings or systems. All buildings,
building, structure,premises, electrical. gas, mechanical structures, electrical, gas, mechanical or plumbing systems
or plumbing systems unsafe,dangerous or hazardous,the which are unsafe, unsanitary, or do not provide adequate
building official may enter such building, structure or egress, or which constitute a fire haard, or are otherwise
premises at all reasonable times to inspect the same or to dangerous to human life, or which in relation to existing use
perform any duty imposed upon the building official by constitute a hazard to safety or health, are considered unsafe
this code. If such building or premises are occupied, he buildings or service systems. All such unsafe buildings,
shall first present proper credentials and request entry. If structures or service systems are hereby declared illegal and
such building, structure, or premises are unoccupied, he shall be abated by repair and rehabilitation or by demolition
shall first make a reasonable effort to locate the owner or in accordance with the provisions of the Standard Unsafe
other persons having charge or control of such and re- Building Abatement Code or other local ordinance.
quest entry. If entry is refused the building official shall
1.6 FLORIDA BUILDING CODE—BUILDING
Nos
, 143`.6 Requirements not covered blcode. Any require- 1.7 any self-contained refrigeration system con-
merits necessary for the strength, stability or proper operation taming 10 lb (4.54 kg) or less of refrigerant
of an existing or proposed building, structure, electrical, gas, and actuated by motors of 1 horsepower (746
mechanical or plumbing system, or for the public safety, W)or less;and
health andgeneral welfare,not specifically covered by this or 1.8 The installation, replacement, removal, or
the other technical codes, shall be determined by the building metering of any load management control de-
official. vice.
103.7 Alternate materials and methods.
104.1.2 Temporary structures. A special building permit
103.7.1 The provisions of the technical codes are not for a limited time shall be obtained before the erection of
intended to prevent the use of any material or method of temporary structures such as construction sheds, seats,
construction not specifically prescribed by them, provided canopies,tents and fences used in construction work or for
any such alternate has been reviewed by the building temporary purposes such as reviewing stands. Such struc-
official. The building official shall approve any such tures shall be completely removed upon the expiration of
alternate, provided the building official finds that the the time limit stated in the permit.
alternate for the purpose intended is at least the equivalent
of that prescribed in the technical codes in quality, 104.1.3 Work authorized. A building, electrical, gas,
strength, effectiveness, fire resistance, durability and mechanical or plumbing permit shall carry with it the right
safety. When alternate life safety systems are designed, to construct or install the work, provided the same is
the "SFPE Engineering Guide to Performance-Based Fire shown on the drawings and set forth in the specifications
Protection Analysis and Design of Buildings," or other filed with the application for the permit. Where these are
methods approved by the building official may be used. not shown on the drawings and covered by the specifica-
The building official shall require that sufficient evidence tions submitted with the application, separate permits shall
or proof be submitted to substantiate any claim made be required.
regarding the alternate.
104.1.4 Minor repairs. Ordinary minor repairs may be
103.7.2 Accessibility. Alternate designs and technologies made with the approval of the building official without a
for providing access to and usability of a facility for per- permit, provided that such repairs shall not violate any of
sons with disabilities shall be in accordance with 11-2.2 the provisions of the technical codes.
104. 1.5 Information required. Each application for a
SECTION 104 permit,with the required fee, shall be filed with the build-
PERMITS ing official on a form furnished for that purpose and shall
contain a general description of the proposed work and its
104.1 Permit Application location. The application shall be signed by the owner or
104.1.1 When required. Any owner, authorized agent, or his authorized agent. The building permit application shall
contractor who desires to construct, enlarge, alter, repair, indicate the proposed occupancy of all parts of the building
move, demolish, or change the occupancy or occupant and of that portion of the site or lot, if any, not covered by
content of a building or structure, or any outside area being the building or structure and shall contain such other
used as part of the building's designated occupancy(single information as may be required by the building official.
or mixed) or to erect, install, enlarge, alter,repair,remove, Permit application forms shall be in the format prescribed
convert or replace any electrical, gas, mechanical or by a local administrative board, if applicable, and must
plumbing system, the installation of which is regulated by comply with the requirements of s. 713.135(6) & (7)
the technical codes, or to cause any such work to be done, Florida Statutes. Each application shall be inscribed with
shall first make application to the building official and the date of application and the code in effect as of that
obtain the required permit for the work date. For a building permit for which an application is
submitted prior to the effective date of the Florida Building
Exceptions: Code, the state minimum building code in effect in the
1. Permits shall not be required for the following me-
permitting jurisdiction of the date of the application gov-
chanical work ems the permitted work for the life of the permit and any
1.1. any portable heating appliance; extension granted to the permit.
1.2. any portable ventilation equipment; 104.1.6 Time Limitations. Except as otherwise provided
1.3. any portable cooling unit;
in this chapter,an application for a permit for any proposed
1.4. any steam, hot or chilled water piping within
any heating or cooling equipment regulated by work shall be deemed to have been abandoned, and shall
this code, expire by limitation and become null and void 6 months
1.5. replacement of any part which does not alter after the date of filing for the permit, or plan approval,
its approval or make it unsafe; whichever is later unless before then a permit has been
1.6 any portable evaporative cooler; issued. One or more extensions of time for periods of not
FLORIDA BUILDING CODE—BUILDING 1.7
more than 90 days each may be allowed by the building when applicable;`raccordance with state and-federal law.
official for the application, provided the extension is
requested in writing and justifiable cause is demonstrated. 104.2 Drawings and specifications
104.2.1 Requirements. As required by 104.3.1.1 of the
code, two or more copies of specifications, and of draw-
104.1.7 Annual Facility Permit. In lieu of an individual ings drawn to scale with sufficient clarity and detail to
permit for each alteration to an existing electrical gas, indicate the nature and character of the work shall accom-
mechanical, plumbing or interior non-structural office pany the application for a permit Such drawings and
system(s), the building official is authorized to issue an specifications shall contain information, in the form of
annual permit for Group F occupancies to facilitate routine notes or otherwise, as to the quality of materials, where
or emergency service, repair, refurbishing, minor renova- quality is essential to conformity with the technical codes.
Lions of service systems or manufacturing equipment Such information shall be specific, and the technical codes
installations/relocations. The building official shall be shall not be cited as a whole or in part, nor shall the term
notified of major changes and shall retain the right to make "legal"or its equivalent be used as a substitute for specific
inspections at the facility site as deemed necessary. A information. All information,drawings, specifications and
facility service permit shall be assessed an annual fee and accompanying data shall bear the name and signature of
shall be valid for one year from date of issuance. A sepa- the person responsible for the design_
rate permit shall be obtained for each facility and for each 104.2.1.1 For roof assemblies required by the code,
construction trade, as applicable. The permit application the construction documents shall illustrate, describe,
shall contain a general description of the parameters of and delineate the type of roofing system, materials,
work intended to be performed during the year. fastening requirements, flashing requirements and
wind resistance rating that are required to be installed.
104.1.7.1 Annual Permit Records. The person to Product evaluation and installation shall indicate com-
whom an annual permit is issued shall keep a detailed pliance with the wind criteria required for the specific
record of alterations made under such annual permit. site or a statement by an architect or engineer for the
The building official shall have reasonable access to specific site must be submitted with the construction
such records upon request The permit holder shall documents.
list/identify all work performed on a form approved by
the building official. At the end of the permit validation 104.2.1.2 Additional data. The building official shall
period, a copy of the log shall be filed with the building be allowed to require details, computations. stress dia-
official. The building official is authorized to revoke or grams, and other data necessary to describe the con-
withhold the issuance of the future permits if a pattern of struction or installation and the basis of calculations.
code violations is found to exist.
104.2.2 Design professional. If the design professional is
104.1.8 Food Permit. As per s. 500.12,Florida Statutes,a an architect or engineer legally registered under the laws of
food permit from the Department of Agriculture and this state regulating the practice of architecture or engi-
Consumer Services is required of any person who operates neering, then he/she shall affix his official seal to said
a food establishment or retail store. drawings, specifications and accompanying data, as re-
quired by Florida Statute.
104.2.2.1 Certification by contractors authorized under
104.1.9 Notice of Commencement. As per s. 713.135 the provisions of s. 489.115(4)(b) Florida Statutes
Florida Statutes, when any person applies for a building shall be considered to equivalent to sealed plans and
permit,the authority issuing such permit shall print on the specifications by a person licensed under Chapter 471
face of each permit card in no less than 18-point, capital- Florida Statutes or Chapter 481 Florida Statutes by lo-
ized, boldfaced type: "WARNING TO OWNER: YOUR cal enforcement agencies for plans review for permit-
FAILURE TO RECORD A NOTICE OF COMMNECE- ting purposes relating to compliance with the wind re-
MENT MAY RESULT IN YOUR PAYING TWICE FOR sistance provisions of the code or alternate method-
IMPROVEMENTS TO YOUR PROPERTY. IF YOU ologies approved by the Florida Building Commission
INTEND TO OBTAIN FINANCING, CONSULT Will for one-and two-family dwellings. Local enforcement
YOUR LENDER OR AN ATTORNEY BEFORE RE- agencies may rely upon such certification by contrac-
CORDING YOUR NOTICE OF COMMENCEMENT." tors that the plans and specifications submitted con-
form to the requirements of the code for wind resis-
tance. Upon good cause shown, local government
104.1.10 Asbestos. The enforcing agency shall require code enforcement agencies may accept or reject plans
each building permit for the demolition or renovation of an sealed by persons licensed under Chapters 471,481 or
existing structure to contain an asbestos notification state- 489,Florida Statutes.
ment which indicates the owner's or operator's responsi-
bility to comply with the provisions of s. 469.003 Florida 104.2.3 Structural and fire resistance integrity. Plans
Statutes and to notify the Department of Environmental for all buildings shall indicate how required structural and
Protection of her or his intentions to remove asbestos, fire resistance integrity will be maintained where a pene-
1.8 FLORIDA BUILDING CODE—BUILDING
tration o•a required fire resistant , floor or partition
will be made for electrical,gas, mechanical,plumbing and 104.3 Examination of documents.
communication conduits, pipes and systems. Such plans 104.3.1 Plan Review. The building official shall examine
shall also indicate in sufficient detail how the fire integrity or cause to be examined each application for a permit and
will be maintained where required fire resistant floors the accompanying documents, consisting of drawings,
intersect the exterior walls and where joints occur in specifications, computations and additional data, and shall
required fire resistant construction assemblies. ascertain by such examinations whether the construction
indicated and described is in accordance with the require-
104.2.4 Site drawings. Drawings shall show the location ments of the technical codes and all other pertinent laws or
of the proposed building or structure and of every existing ordinances.
building or structure on the site or lot. The building offi-
cial shall be permitted to require a boundary line survey Exceptions:
prepared by a qualified surveyor whenever the boundary 1. Building plans approved pursuant to s.
lines cannot be readily determined in the field. 553.77(6) Florida Statutes and state-approved
manufactured buildings are exempt from local
104.2.5 Reserved. codes enforcing agency plan reviews except for
provisions of the code relating to erection, as-
104.2.6 Hazardous occupancies. The building official sembly or construction at the site. Erection,as-
may require the following: sembly and construction at the site are subject
1. General site plan. A general site plan drawn at a to local permitting and inspections.
legible scale which shall include,but not be limited 2. Industrial construction on sites where design,
to, the location of all buildings, exterior storage fa- construction and fire safety are supervised by
cilities, permanent access ways, evacuation routes, appropriate design and inspection professionals
parking lots, internal roads, chemical loading areas, and which contain adequate in-house fire de-
equipment cleaning areas, storm and sanitary sewer partments and rescue squads is exempt, subject
accesses, emergency equipment and adjacent prop- to local government option, from review of
erty uses. The exterior storage areas shall be identi- plans and inspections, providing owners certify
fled with the hazard classes and the maximum that applicable codes and standards have been
quantities per hazard class of hazardous materials met and supply appropriate approved drawings
stored. to local building and fire-safety inspectors.
2. Building floor plan. A building floor plan drawn to
a legible scale, which shall include, but not be lim- 104.3.1.1 Minimum plan review criteria for build-
ited to, all hazardous materials storage facilities ings. The examination of the documents by the
within the building and shall indicate rooms, door- building official shall include the following minimum
ways, corridors, exits, fire rated assemblies with criteria and documents: a floor plan, site plan, founda-
their hourly rating, location of liquid tight rooms, lion plan, floor/roof framing plan or truss layout and
and evacuation routes. Each hazardous materials all exterior elevations:
storage facility shall be identified on the plan with
the hazard classes and quantity range per hazard Commercial Buildings:
class of the hazardous materials stored. Building
104.2.6 Certificate of Protective Treatment for preven- 1. Site Requirements
tion of termites. A weather resistant jobsite posting board parking
shall be provided to receive duplicate Treatment Certifi- fire access
cates as each required protective treatment is completed, vehicle loading
providing a copy for the person the permit is issued to and driving/turning radius
another copy for the building permit files. The Treatment Firehydrant/watersupply/Postindicator
Certificate shall provide the product used, identity of the Valve(PIV)
applicator, time and date of the treatment, site location, set back/separation(assumed property lines)
area treated, chemical used, percent concentration and location of specific tanks, water lines and
number of gallons used, to establish a verifiable record of sewer lines
protective treatment. If the soil chemical barrier method 2. Occupancy group and special occupancy re-
for termite prevention is used,final exterior treatment shall quirements shall be determined
be completed prior to final building approval. 3. Minimum type of construction shall be de-
termined(Table 500)
104.2.7 Notice of termite protection. A permanent sign 4. Fire resistant construction requirements shall
which identifies the termite treatment provider and need include the following components:
for re-inspection and treatment contract renewal shall be fire resistant separations
provided. The sign shall be posted near the water heater or fire resistant protection for type of construc-
electric panel. tion
FLORIDA BUILDING CODE—BUILDING 1.9
protection of openings amend penetrations of sit` quirements
rated walls accessible route • r
fire blocking and Draftstopping vertical accessibility
calculated fire resistance toilet and bathing facilities
5. Fire suppression systems shall include: drinking fountains
early warning equipment
smoke evacuation systems schematic special occupancy requirements
fire sprinklers fair housing requirements
standpipes 11. Interior requirements shall include the fol-
pre-engineered systems lowing:
riser diagram interior finishes (flame spread/smoke de-
6. Life Safety systems shall be determined and velop)
shall include the following requirements: light and ventilation
occupant load and egress capacities sanitation
smoke control 12. Special systems
stair pressurization elevators
systems schematic escalators
7. Occupancy Load/Egress Requirements shall lifts
include: 13. Swimming Pools
Occupancy load barrier requirements
gross spas
net wading pools
means of egress
exit access
exit
exit discharge
stairs construction/geometry and protection Electrical
doors
emergency lighting and exit signs 1. Electrical
specific occupancy requirements wiring
construction requirements services
horizontal exits/exit passageways feeders and branch circuits
8. Structural requirements shall include: overcurrent protection
soil conditions/analysis grounding
termite protection wiring methods and materials
design loads GFCIs
wind requirements 2. Equipment
building envelope 3. Special Occupancies
structural calculations(if required) 4. Emergency Systems
foundation 5. Communication Systems
wall systems 6. Low-voltage
floor systems 7. Load calculations
roof systems
threshold inspection plan Plumbing
stair systems
9. Materials shall be reviewed and shall at a 1. Minimum plumbing facilities
minimum include the following. 2. Fixture requirements
wood 3. Water supply piping
steel 4.. Sanitary drainage
aluminum 5. Water heaters
concrete 6. Vents
plastic 7. Roof drainage
glass 8. Back flow prevention
masonry 9. Irrigation •
gypsum board and plaster 10. Location of water supply line
insulating(mechanical) 11. Grease traps
roofing 12. Environmental requirements
insulation 13. Plumbing riser
10. Accessibility requirements shall include the
following: Mechanical
1.10 FLORIDA BUILDING CODE—BUILDING
`'cation of septic tanks(if applicable)
1.. Energy calculations 2. Structural
2. Exhaust systems wind zone
clothes dryer exhaust anchoring
kitchen equipment exhaust blocking
specialty exhaust systems 4. Mechanical
3. Equipment Exhaust systems
4. Equipment location clothes diver exhaust
5. Make-up air kitchen equipment exhaust
6. Roof-mounted equipment 5. Electrical
7. Duct systems exterior disconnect location
8. Ventilation
9. Combustion air
10. Chimneys,fireplaces and vents 104.3.1.2 Exemptions. Plans examination by the
11. Appliances building official shall not be required for the following
12. Boilers work:
13. Refrigeration 1. Replacing existing equipment such as me-
14. Bathroom ventilation cbanical units,water heaters,etc.
15. Laboratory 2. Re-roofs
3. Minor electrical, plumbing and mechanical
Gas repairs.
4. Annual maintenance permits
1. Gas piping 5. Prototype plans
2. Venting except for local site adaptations,siding,fowl-
.
3. Combustion air dations and/or modifications
4. Chimneys and vents except for structures that require waiver
5. Appliances
6. Type of gas 104.3.2 Affidavits. The building official may accept a
7. Fireplaces sworn affidavit from a registered architect or engineer
8. LP tank location stating that the plans submitted conform to the technical
9. Riser diagram/shut-offs codes. For buildings and structures,the affidavit shall state
that the plans conform to the laws as to egress, type of
Demolition construction and general arrangement and, if accompanied
1. Asbestos removal by drawings, show the structural design and that the plans
and design conform to the requirements of the technical
Residential(One-and Two-Family): codes as to strength, stresses, strains, loads and stability.
Building The building official may without any examination or
1. Site requirements inspection accept such affidavit, provided the architect or
setback/separation (assumed property engineer who made such affidavit agrees to submit to the
lines) building official copies of inspection reports as inspections
location of septic tanks are performed and upon completion of the structure, elec-
2. fire resistant construction(if required) trical,gas, mechanical or plumbing systems a certification
3. fire that the structure, electrical, gas, mechanical or plumbing
4. smoke detector locations system has been erected in accordance with the require-
5. Egress ments of the technical codes and other pertinent laws or
egress window size and location ordinances. The building official shall ensure that any
stairs construction requirements person conducting plans review is qualified as a plans
6. Structural requirements shall include: examiner under Part XII of Chapter 468, Florida Statutes,
wall section from foundation through and that any person conducting inspections is qualified as a
root including assembly and materials building inspector under Part XII of Chapter 468, Florida
connector tables Statutes.
wind requirements
structural calculations(if required) 104.4 Issuing Permits
7. Accessibility requirements: 104.4.1 Action on Permits
show/identify accessible bath 104.4.1.1 The building official shall act upon an ap-
plication for a permit without unreasonable or unnec-
essary delay. If the building official is satisfied that
Manufactured/Mobile Homes the work described in an application for a permit and
1. Site requirements the contract documents filed therewith conform to the
setback/separation(assumed property lines) requirements of the technical codes and other pertinent
FLORIDA BUILDING CODE-BUILDING 1.11
• laws and ordinances, he shall issue a permit to the op- ""
plicant. When authorized through contractual agree- An air-conditioning system may be des'Igned by an in-
ment with a school board,in acting on applications for stalling air-conditioning contractor certified under
permits,the building official shall give first priority to Chapter 489, Florida Statutes to serve any building or
any applications for the construction of, or addition or addition which is designed to accommodate fewer
renovation to,any school or educational facility. than 100 persons and requires an air-conditioning
system with value of$50,000 or less; and when a 15-
104.4.1.2 If a state university, state community col- ton-per-system or less is designed for a singular space
lege, or public school district elects to use a local gov- of a building and each 15-ton system or less has an in-
emment's code enforcement offices, fees charged by dependent duct system. Systems not complying with
counties and municipalities for enforcement of the the above require design documents that are to be
Florida Building Code on buildings, structures, and sealed by a professional engineer.
facilities of state universities, state colleges, and pub-
lic school districts shall not be more than the actual la- Example 1: When a space has two 10-ton sys-
bor and administrative costs incurred for plans review tems with each having an independ-
and inspections to ensure compliance with the code. ent duct system, the contractor may
design these two systems since each
104.4.1.3 No permit may be issued for any building system is less than 15 tons.
construction, erection, alteration,modification, repair,
or addition unless the applicant for such permit pro- Example 2: Consider a small single story office
vides to the enforcing agency which issues the permit building which consists of 6 indi-
any of the following documents which apply to the vidual offices where each office has
construction for which the permit is to be issued and a single three-ton package air condi-
which shall be prepared by or under the direction of tioning heat pump. The six heat
an engineer registered under Chapter 471 Florida pumps are connected to a single
Statutes: water cooling tower. The cost of the
1. Electrical documents for any new building or entire heating, ventilation and air
addition which requires an aggregate service conditioning work is $47,000 and
capacity of 600 amperes(240 volts) or more on the office building accommodates
a residential electrical system or 800 amperes fewer than 100 persons.
(240 volts) on a commercial or industrial elec-
trical system and which costs more than Note: It was further clarified by
$50,000. the commission that the
2. Plumbing documents for any new building or limiting criteria of 100
addition which requires a plumbing system with persons and $50,000 ap-
more than 250 fixture units or which costs more ply to the building occu-
than$50,000. pancy load and the cost
3. Fire sprinkler documents for any new building of the total air-
or addition which includes a fire sprinkler sys- conditioning system of
tem which contains 50 or more sprinkler heads. the building.
A Contractor I, Contractor II, or Contractor IV,
certified under s. 633.521, may design a fire 5. Any specialized mechanical, electrical, or
sprinkler system of 49 or fewer heads and may plumbing document for any new building or
design the alteration of an existing fire sprinkler addition which includes a medical gas, oxygen,
system if the alteration consists of the reloca- steam,vacuum,toxic air filtration,halon, or fire
tion, addition or deletion of not more than 49 detection and alarm system which costs more
heads, notwithstanding the size of the existing than$5,000.
fire sprinkler system.
4. Heating, ventilation and air-conditioning docu- Documents requiring an engineer seal by this part
ments for any new building or addition which shall not be valid unless a professional engineer who
requires more than a 15-ton-per-system capac- possesses a valid certificate of registration has signed,
ity which is designed to accommodate 100 or dated, and stamped such document as provided in s.
more persons or for which the system costs 471.025,Florida Statutes.
more than $50,000. This paragraph does not
include any document for the replacement or 104.4.1.4 An enforcing authority may not issue a
repair of an existing system in which the work building permit for any building construction, erec-
does not require altering a structural part of the tion, alteration, modification, repair or addition unless
building or for work on a residential one- the permit either includes on its face or there is at-
family, two-family, three-family or four-family tached to the permit the following statement: "NO-
structure. TICE: In addition to the requirements of this permit,
1.12 FLORIDA BUILDING CODE—BUILDING
there may be additional restricts applicable to this laws and regions which apply to asbestos abatement
property that may be found in the public records of projects. It is your responsibility to make sure that people
this county, and there may be additional permits re- employed by you have licenses required by state law and
quired from other governmental entities such as water by county or municipal licensing ordinances.
management districts, state agencies or federal agen-
cies." 104.4.5 Special foundation permit. When application for
permit to erect or enlarge a building has been filed and
104.4.1.5 A building permit for a single-family resi- pending issuance of such permit,the building official may,
dential dwelling must be issued within 30 working at his discretion, issue a special permit for the foundation
days of application therefor unless unusual circum- only. The holder of such a special permit is proceeding at
stances require a longer time for processing the appli- their own risk and without assurance that a permit for the
cation or unless the permit application fails to satisfy remainder of the work will be granted nor that corrections
the Florida Building Code or the enforcing agency's will not be required in order to meet provisions of the
laws or ordinances. technical codes.
104.4.2 Refusal to issue permit. If the application for a 104.4.6 Public right of way. A permit shall not be given
permit and the accompanying contract documents de- by the building official for the construction of any build-
scribing the work do not conform to the requirements of ing, or for the alteration of any building where said build-
the technical codes or other pertinent laws or ordinances, ing is to be changed and such change will affect the exte-
the building official shall not issue a permit, but shall rior walls, bays, balconies, or other appendages or projec-
return the contract documents to the applicant with his lions fronting on any street. alley or public lane, or for the
refusal to issue such permit. Such refusal shall, when placing on any lot or premises of any building or structure
requested, be in writing and shall contain the reason for removed from another lot or premises,unless the applicant
refusal. has made application for right of way permits from the
authority having jurisdiction over the street_alley or public
104.4.3 Identification of minimum premium policy. lane.
Except as otherwise provided in Chapter 440, Workers
Compensation, every employer shall, as a condition to
receiving a building permit, show proof that it has secured 104.5 Conditions of the permit
compensation for its employees as provided in ss. 440.10
and 440.38,Florida Statutes. 104.5.1 Permit intent. A permit issued shall be construed
to be a license to proceed with the work and not as author-
104.4.4 Asbestos removal. Moving,removal or disposal ity to violate,cancel,alter or set aside any of the provisions
of asbestos-containing materials on a residential building of the technical codes, .nor shall issuance of a permit
where the owner occupies the building, the building is not prevent the building official from thereafter requiring a
for sale or lease, and the work is performed according to correction of errors in plant, construction, or violations of
the owner-builder limitations provided in this paragraph. this code. Every permit issued shall become invalid unless
To qualify for exemption under this paragraph, an owner the work authorized by such permit is commenced within 6
must personally appear and sign the building permit appli- months after its issuance, or if the work authorized by such
cation. The permitting agency shall provide the person permit is suspended or abandoned for a period of 6 months
with a disclosure statement in substantially the following after the time the work is commenced.Failure to obtain an
form: approved inspection within 180 days of the previous
approved inspection shall constitute suspension or aban-
Disclosure Statement donment. One or more extensions of time, for periods not
State law requires asbestos abatement to be done by li- more than 180 days each, may be allowed by the building
censed contractors. You have applied for a permit under official for the permit, provided the extension is requested
an exemption to that law. The exemption allows you, as in writing and justifiable cause is demonstrated prior to the
the owner of your property, to act as your own asbestos expiration date. The building official shall record the
abatement contractor even though you do not have a extension of time granted.
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 104.5.L1 If work has commenced and the permit is
building and the building is not for sale or lease, or the revoked,becomes null and void, or expires because of
building is a farm outbuilding on your property. If you sell lack of progress or abandonment, a new permit cov-
or lease such building within 1 year after the asbestos ering the proposed construction shall be obtained be-
abatement is complete, the law will presume that you fore proceeding with the work
intended to sell or lease the property at the time the work
was done,which is a violation of this exemption. You may 104.5.1.2 if a new permit is not obtained within 180
not hire an unlicensed person as your contractor. Your days from the date the initial permit became null and
work must be done according to all local, state and federal void, the building official is authorized to require that
FLORIDA BUILDING CODE—BUILDING 1.13
any work which has been commenced or completed be 104.5.4 Workarting before permit issuance.
removed from the building site. Alternately, a new Upon approval of the building official, the*scope cSf work
permit may be issued on application, providing the delineated in the building permit application and plans
work in place and required to complete the structure may be started prior to the final approval and issuance of
meets all applicable regulations in effect at the time the permit provided any work completed is entirely at risk
the initial permit became null and void and any regu- of the permit applicant and the work does not proceed past
lations which may have become effective between the the first required inspection.
date of expiration and the date of issuance of the new
permit
104.6 Fees
104.5.1.3 Work shall be considered to be in active 104.6.1 Prescribed fees. A permit shall not be issued until
progress when the permit has received an approved in- fees authorized under s. 553.80 Florida Statutes have been
spection within 180 days. This provision shall not be paid. Nor shall an amendment to a permit be released until
applicable in case of civil commotion or strike or the additional fee, if any, due to an increase in the esti-
when the building work is halted due directly to judi- mated cost of the building, structure, electrical, plumbing,
cial injunction,order or similar process. mechanical or gas systems,has been paid
104.5.1.4 The fee for renewal, re-issuance and exten- 104.6.2 Work commencing before permit issuance. Any
sion of a permit shall be set forth by the administrative person who commences any work on a building, structure,
authority. electrical, gas, mechanical or plumbing system before
obtaining the building official's approval or the necessary
104.5.1.5 104,11 6 Permits issued for the demolition permits shall be subject to a penalty of 100 percent of the
of a structure shall expire sixty(60)days from the date usual permit fee in addition to the required permit fees or
of issuance. For a justifiable cause, one(1) extension as provided by local ordinance. This provision shall not
of time for a period not exceeding thirty(30)days may apply to emergency work when delay would clearly have
be allowed. Such request shall be in writing to the placed life or property in imminent danger. But in all such
building official. cases the required permit(s)must be obtained within three
(3)business days and any unreasonable delay in obtaining
104.5.2 Permit issued on basis of an affidavit. When- those permits) shall result in the charge of a double fee.
ever a permit is issued in reliance upon an affidavit or The payment of a double fee shall not preclude or be
whenever the work to be covered by a permit involves deemed a.substitute for prosecution for commencing work
installation under conditions which, in the opinion of the without first obtaining a permit. The building official may
building official, are hazardous or complex, the building grant extensions of time or waive fees when justifiable
official shall require that the architect or engineer who cause has been demonstrated in writing.
signed the affidavit or prepared the drawings or computa-
tions shall supervise such work. In addition, they shall be 104.6.3 Accounting. The building official shall keep a
responsible for conformity to the permit, provide copies permanent and accurate accounting of all permit fees and
of inspection reports as inspections are performed, and other monies collected, the names of all persons upon
upon completion make and file with the building official whose account the same was paid,along with the date and
written affidavit that the work has been done in confor- amount thereof.
mity to the reviewed plans and with the structural provi-
sions of the technical codes.In the event such architect or 104.6.4 Schedule of Permit Fees. On all buildings,
engineer is not available, the owner shall employ in his structures, electrical, plumbing, mechanical and gas sys-
stead a competent person or agency whose qualifications tems or alterations requiring a permit,a fee for each permit
are reviewed by the building official. The building official shall be paid as required at the time of filing application,in
shall ensure that any person conducting plans review is accordance with the schedule as established by the appli-
qualified as a plans examiner under part XII of chapter cable governing authority.
468, Florida Statutes and that any person conducting
inspections is qualified as a building inspector under Part 104.6.5 Types of Fees Enumerated. Fees may be charged
III of chapter 468,Florida Statutes. for but not limited to the following:
• Permits;
104.5.3 Plans. When the building official issues a permit, • Plans examination;
the building official shall endorse, in writing or by stamp • Certificates of competency (including fees for
both sets of reviewed plans"Reviewed for Code Compli- applications. examinations. renewal, late renewal,
ance." One set of reviewed drawings shall be retained by and reciprocity);
the building official and the other set shall be returned to • Re-inspections;
the applicant The permit drawings shall be kept at the site • Administrative fees (including fees for investigative
of work and shall be open to inspection by the building and legal costs incurred in the context of certain
official or his authorized representative. disciplinary cases heard by the board);
• Variance requests:
1.14 FLORIDA BUILDING CODE—BUILDING
• Administrative appeals; %of inspect or cause*be inspected, at various intervals, all
' • Violations;and construction or work for which a permit is required, and a
• Other fees as established by local ordinance. final inspection shall be made of every building, structure,
electrical, gas, mechanical or plumbing system upon
104.6.5 Building permit valuations. If, in the opinion of completion, prior to the issuance of the Certificate of
the building official, the valuation of building, alteration, Occupancy or Certificate of Completion. In performing
structure, electrical. gas,mechanical or plumbing systems inspections, the building official shall give first priority to
appears to be underestimated on the application, permit inspections of the construction, addition, or renovation to,
shall be denied, unless the applicant can show detailed any facilities owned or controlled by a state university, state
estimates to meet the approval of the building official. community college or public school district.
Permit valuations shall include total cost,such as electrical.
gas, mechanical, plumbing equipment and other systems. 105.5 Posting of permit. Work requiring a permit shall not
including materials and labor. The permit valuation may commence until the permit holder or his agent posts the
be calculated using the latest Building Valuation Data permit card in a conspicuous place on the premises. The
published by the Southern Building Code Congress Inter- permit shall be protected from the weather and located in
national or other applicable model code organization,at the such position as to permit the building official or representa-
option of the building official. five to conveniently make the required entries thereon. This
permit card shall be maintained in such position by the
permit holder until the Certificate of Occupancy or Comple-
tion is issued by the building official.
SECTION 105
INSPECTIONS 105.6 Required inspections. The building official upon
notification from the permit holder or his agent shall make
105.1 Existing building inspections. Before issuing a the following inspections,and shall either release that portion
permit, the building official may examine or cause to be of the construction or shall notify the permit holder or his
agent of any violations which must be corrected in order to
examined any building, electrical. gas, mechanical, or
plumbing comply with the technical codes. The building official shall
lumbing systems for which an application has been received
for a permit to enlarge, alter, repair,move, demolish, install, determine the timing and sequencing of when inspections
or change pe the enlarge, occur and what elements are inspected at each inspection.
occupancy. He shall inspect all buildings,
structures, electrical, gas, mechanical and plumbing systems, Building
from time to time, during and upon completion of the work 1.1 Foundation inspection: To be made after trenches are
for which a permit was issued. He shall make a record of excavated and forms erected and shall at a minimum
every such examination and inspection and of all violations include the following building components:
of the technical codes. • stem-wall
105.2 Manufacturers and fabricators. When deemed • monolithic slab-on-grade
necessary by the building official,he shall make, or cause to
• piling/pile caps
be made,an inspection of materials or assemblies at the point • footers/grade beams
of manufacture or fabrication. A record shall be made of
every such examination and inspection and of all violations 1.2 Slab Inspection To be made after the reinforcement is
of the technical codes. in place, all concealed conduit,piping, ducts and vents are
installed and the electrical,plumbing and mechanical work
is complete. Slab shall not be poured until all required
105.3 Inspection service. The building official may make, inspections have been made and passed
or cause to be made,the inspections required by 105. He or
she may accept reports of department inspectors,independent A foundation survey prepared and certified by a registered
inspectors or of recognized inspection services, provided that surveyor shall be required for all new construction Prior to
after investigation he/she is satisfied as to their licensure, approval of the framing inspection.The survey shall certify
Qualifications and reliability. A certificate required by any placement of the building on the site, illustrate all
provision of this code shall not be based on such reports surrounding setback dimensions and shall be available at
unless the same are recorded by the building code inspector the job site for review by the building inspector. In lieu of
or the architect or engineer performing building code providing a survey, the contractor may elect to uncover all
inspections in a manner specified by the building official, property line markers and string-up all property lines in
The building official shall ensure that all persons making preparation for inspection.
such inspections shall be certified in accordance to Chapter
468 Florida Statues. 2.1 Framing inspection: To be made after the roof, all
framing, fireblocking and bracing is in place, all conceal-
ing wiring, all pipes, chimneys, ducts and vents are com-
105.4 Inspections prior to issuance of Certificate of plete and shall at a minimum include the following build-
Occupancy or Completion. The building official shall ing components:
FLORIDA BUILDING CODE—BUILDING 1.15
• window/door framing and installation Electrical N
• vertical cells/columns 1. Underground inspection: To be made after trendies or
• lintel/tie beams ditches are excavated, conduit or cable installed, and
• framing/trusses/bracing/connectors before any backfill is put in place.
• draft stopping/fire-blocking
• curtain wall framing 2. Rough-In inspection: To be made after the roof, fram-
ing,fire blocking and bracing is in place and prior to the
• energy insulation installation of wall or ceiling membranes.
• accessibility
2.2 Insulation Inspection: To be made after the framing 3. Final inspection: To be made after the building is
inspection is approved and the insulation is in place. complete, all required electrical fixtures are in place and
properly connected or protected, and the structure is
3. Sheathing inspection: To be made either as part of a ready for occupancy.
dry-in inspection or done separately at the request of the
contractor after all roof and wall sheathing and fasteners Plumbing
are complete and shall at a minimum include the following 1. Underground inspection: To be made after trenches or
building components: ditches are excavated, piping installed, and before any
backfill is put in place.
• roof sheathing
• wall sheathing 2.Rough-In inspection: To be made after the roof, Pram-
• sheathing fasteners ing, fire blocking and bracing is in place and all soil,
• roof/wall/dry-in waste and vent piping is complete, and prior to the in-
stallation of wall or ceiling membranes.
NOTE: Sheathing fasteners installed and found to be missing
the structural member (shiners) shall be removed and 3. Final inspection: To be made after the building is
properly reinstalled prior to installation of the dry-in material. complete,all required plumbing fixtures are in place and
properly connected,and the structure is ready for occu-
4. Roofing inspection: To be made as two inspections on pans.
tile. slate or similar roof coverings or as one inspection
on all other roof coverings, and shall at a minimum in- Mechanical
dude the following building components: 1.Underground inspection: To be made after trenches or
• dry-in ditches are excavated,underground duct and fuel piping
• insulation installed,and before any backfill is put in place.
• roof coverings
• flashing 2.Rough-In inspection: To be made after the roof fram-
ing,fire-blocking and bracing is in place and all ducting
5.Final inspection: To be made after the building is corn- and other concealed components are complete, and prior
pleted and ready for occupancy. to the installation of wall or ceiling membranes.
6.Swimming pool inspection: 3.Final inspection: To be made after the building is corn-
• First inspection to be made after excavation and plete, the mechanical system is in place and properly
installation of reinforcing steel,bonding and main connected,and the structure is ready for occupancy.
drain and prior to placing of concrete.
• Final inspection to be made when the swimming Gas
pool is complete and all required enclosure re- 1.Rough piping inspection: To be made after all new
quirements are in place. piping authorized by the permit has been installed, and
• In order to pass final inspection and receive a cer- before any such piping has been covered or concealed or
tificate of completion, a residential swimming any fixtures or gas appliances have been connected
pool must meet the requirements relating to pool
safety features as described in Section 424.2.17 2.Final piping inspection: To be made after all piping
authorized by the permit has been installed and after all
7. Demolition inspections: portions which are to be concealed by plastering or oth-
• First inspection to be made after all utility con- erwise have been so concealed, and before any fixtures
nections have been disconnected and secured in or gas appliances have been connected. This inspection
such manner that no nnsafe or unsanitary condi- shall include a pressure test.
lions shall exist during or after demolition opera-
tions. 3. Final inspection: To be made on all new gas work
• Final inspection to be made after all demolition authorized by the permit and such portions of existing
work is completed systems as may be affected by new work or any
changes,to insure compliance with all the requirements
1.16 FLORIDA BUILDING CODE—BUILDING
of this code and to assure that thtallation and con- inspector. `✓
shuctionuof the gas system is in accordance with re-
viewed plans. 105.13 Threshold Building
105.13.1 The enforcing agency shall require a special
Site Debris inspector to perform structural inspections on a threshold
1. The contractor and/or owner of any active or inactive building pursuant to a structural inspection plan prepared
construction project shall be responsible for the clean-up by the engineer or architect of record. The structural
and removal of all construction debris or any other mis- inspection plan must be submitted to the enforcing agency
cellaneous discarded articles prior to receiving final in- prior to the issuance of a building permit for the construe-
spection approval. Construction job sites must be kept tion of a threshold building. The purpose of the structural
clean, such that accumulation of construction debris inspection plan is to provide specific inspection procedures
trust not remain on the property for a period of time ex- and schedules so that the building can be adequately
seeding 14 days. inspected for compliance with the permitted documents.
2. All debris shall be kept in such a manner as to prevent it 105.13.2 The special inspector shall inspect the shoring
from being spread by any means. and reshoring for conformance to the shoring and reshor-
ing plans submitted to the enforcing agency. A fee simple
title owner of a building which does not meet the minimum
105.7 Written release. Work shall not be done on any part size, height, occupancy, occupancy classification or num-
of a building, structure, electrical, gas, mechanical or ber of stories criteria which would result in classification
plumbing system beyond the point indicated in each succes- as a threshold building under 553.71(7) Florida Statutes,
sive inspection without first obtaining a written release from may designate such building as a threshold building,
the building official. Such written release shall be given only subject to more than the minimum number of inspections
after an inspection has been made of each successive step in required by the Florida Building Code,Building.
the construction or installation as indicated by each of the
foregoing three inspections. 105.13.3 The fee owner of a threshold building shall select
and pay all costs of employing a special inspector,but the
105.8 Reinforcing steel and structural frames. Reinforc- special inspector shall be responsible to the enforcement
ing steel or structural framework of any part of any building agency. The inspector shall be a person certified, licensed,
or structure shall not be covered or concealed without first or registered under chapter 471 Florida Statutes as an
obtaining a release from the building official. engineer or under chapter 481 Florida Statutes as an archi-
tea
105.9 Plaster fire protection. In all buildings where plaster
is used for fire protection purposes, the permit holder or his 105.13.4 Each enforcement agency shall require that, on
agent shall notify the building official after all lathing and every threshold building:
backing is in place. Plaster shall not be covered or concealed 105.13.4.1 The special inspector, upon completion of
from view without first obtaining a release from the building the building and prior to the issuance of a Certificate
official. of Occupancy, file a signed and sealed statement with
the enforcement agency in substantially the following
105.10 Fire resistant joints and penetrations. The form: "To the best of my knowledge and belief, the
protection of joints and penetrations in required fire resistant above-described construction of all structural load-
construction assemblies shall not be covered or concealed bearing components complies with the permitted
from view without first obtaining a release from the building documents,and the shoring and reshoring conforms to
official. the shoring and reshoring plans submitted to the en-
forcement agency."
105.11 Termites. Building components and building
surroundings required to be protected from termite damage in 105.13.4.2 Any proposal to install an alternate struc-
accordance with 1503.4.4, 1804.6.2.7, 1916.7.5, 2303, 2304, tural product or system to which building codes apply
or 2603.3, specifically required to be inspected for termites in be submitted to the enforcement agency for review for
accordance with 2116, or required to have chemical soil compliance with the codes and made part of the en-
treatment in accordance with 1816 shall not be covered or forcement agency's recorded set of permit documents.
concealed until the release from the building official has been
received 105.13.4.3 All shoring and reshoring procedures,plans
and details be submitted to the enforcement agency for
recordkeeping. Each shoring and reshoring installa-
105.12 Shoring. For threshold buildings, shoring and tion shall be supervised, inspected and certified to be
associated formwork or falsework shall be designed and in compliance with the shoring documents by the con-
inspected by a Florida Licensed Professional Engineer, tractor.
employed by the permit holder or subcontractor, prior to any
required mandatory inspections by the Threshold Building 105.13.4.4 All plans for the building which are re-
FLORIDA BUILDING CODE—BUILDING 1.17
quired to be signed and sealed by the architect or en- 106.2 Certificate of Completion. A certifite of iomple-
gineer of record contain a statement that,to the best of Lion is proof that a structure or system is complete and for
the architect's or engineer's knowledge,the plans and certain types of permits is released for use and may be
specifications comply with the applicable minimum connected to a utility system. This certificate does not grant
building codes and the applicable fire-safety standards authority to occupy or connect a building, such as a shell
as determined by the local authority in accordance building,prior to the issuance of a Certificate of Occupancy.
with this section and 633 Florida Statutes.
106.3 Service utilities
105.13.5 No enforcing agency may issue a building permit 106.3.1 Connection of service utilities. No person shall
for construction of any threshold building except to a make connections from a utility source of energy, fuel or
licensed general contractor, as defined in s. 489.105(3)(a) power to any building or system which is regulated by the
Florida Statutes, or to a licensed building contractor, as technical codes for which a permit is required, until re-
defined in s. 489.105(3)(b) Florida Statutes, within the leased by the building official and a Certificate of Occu-
scope of his or her license. panty or Completion is issued.
105.13.6 The building department may allow a special 106.3.2 Temporary connection. The building official
inspector to conduct the minimum structural inspection of may authorize the temporary connection of the building or
threshold buildings required by this code, s. 553.73 Florida system to the utility source of energy,fuel or power for the
Statutes, without duplicative inspection by the building purpose of testing building service systems or for use
department. The building official is responsible for en- under a temporary Certificate of Occupancy.
surfing that any person conducting inspections is qualified
as a building inspector under part XII of Chapter 468, 106.3.3 Authority to disconnect service utilities. The
Florida Statutes, or certified as a special inspector under building official shall have the authority to authorize
Chapter 471 or Chapter 481,Florida Statutes. Inspections disconnection of utility service to the building, structure or
of threshold buildings required by s. 553.79(5), Florida system regulated by the technical codes in case of emer-
Statutes, are in addition to the minimum inspections re- gency where necessary to eliminate an immediate hazard
quired by this code. to life or property. The building official shall notify the
serving utility, and whenever possible the owner and
SECTION 106 occupant of the building, structure or service system of the
CER'11FICATES decision to disconnect prior to taking such action. If not
notified prior to disconnecting, the owner or occupant of
106.1 Certificate of Occupancy the building,structure or service system shall be notified in
106.1.1 Building Occupancy. A new building shall not be
writi �as soon as practical thereafter.
occupied or a change made in the occupancy,nature or use
of a building or part of a building until after the building 106.4 Posting floor loads
official has issued a Certificate of Occupancy. Said cer- 106.4.1 Occupancy. An existing or new building shall not
tificate sball not be issued until all required electrical, gas, be occupied for any purpose which will cause the floors
mechanical, plumbing and fire protection systems have thereof to be loaded beyond their safe capacity.
been inspected for compliance with the technical codes and
other applicable laws and ordinances and released by the 106.4.2 Storage and Factory-Industrial Occupancies. It
building official. shall be the responsibility of the owner,agent,proprietor or
occupant of Group S and Group F occupancies, or any
106.1.2 Issuing Certificate of Occupancy. Upon corn- occupancy where excessive floor loading is likely to occur,
pletion of construction of a building or structure and to employ a competent architect or engineer in computing
installation of electrical, gas, mechanical and plumbing the safe load capacity. All such computations shall be
systems in accordance with the technical codes, reviewed accompanied by an affidavit from the architect or engineer
plans and specifications, and after the final inspection, and stating the safe allowable floor load on each floor in
Pounds per square foot uniformly distributed. The com-
after verification that all septic system permits have
received an approved final inspection where applicable,the putations and affidavit shall be filed as a permanent record
building official shall issue a Certificate of Occupancy of the building department.
stating the nature of the occupancy permitted, the number
of persons for each floor when limited by law, and the 106.4.3 Signs required. In every building or part of a
allowable load per square foot for each floor in accordance building used for storage,industrial or hazardous purposes,
with the provisions of this code. the safe floor loads,as reviewed by the building official on
the plan, shall be marked on plates of approved design
106.1.3 Temporary/Partial occupancy. A temporary/ which shall be supplied and securely affixed by the owner
partial Certificate of Occupancy may be issued for a por- of the building in a conspicuous place in each story to
Lion or portions of a building which may safely be occur which they relate. Such plates shall not be removed or
pied prior to final completion of the building, defaced, and if lost, removed or defaced, shall be replaced
by the owner of the building.
L18 FLORIDA BUILDING CODE—BUILDING
441.' hear appeals ocisions and interpretations of the building
i SECTION 107 official and consider variances of the technical codes.
TESTS
108.4 Appeals
107.1 For products not covered under the statewide product 108.4.1 Decision of the building official. The owner of a
evaluation and approval system,the building official may building, structure or service system, or his duly authorized
require tests or test reports as proof of compliance.Required agent, may appeal a decision of the building official to the
tests are to be made at the expense of the owner,or his agent, Construction Board of Adjustment and Appeals whenever
by an approved testing laboratory or other approved agency. 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
SECTION 108 building, structure or service system.
CONSTRUCTION BOARD OF
ADJUSTMENT AND APPEALS 2. The provisions of this code do not apply to this specific
case.
108.1 Appointment. There may be Established a Board
to Be Called the Construction Board of Adjustment and 3.That an equally good or more desirable form of installation
Appeals, Which Should Consist of Nine Members but not can be employed in any specific case.
less than seven. The Board Shall Be Appointed by the
Applicable Governing Body. 4. The true intent and meaning of this code or any of the
regulations there under have been misconstrued or incorrectly
• 108.2 Membership and terms interpreted.
108.2.1 Membership. The Construction Regulation Board(CRB)shall
be composed of seven(7)members appointed by the City Council. 108.4.2 Variances. The Construction Board of Adjustments
Five(5)members shall be representative of the following:Florida licensed and Appeals, when so appealed to and after a hearing, may
general contractor,Florida licensed architect or structural engineer, vary the application of any provision of this code to any
Florida licensed property or casualty agent,Florida certified fire inspector
or firefighter,and a citizen at large. The remaining two(2)members shall particular case when, in its opinion, the enforcement thereof
be chosen from the following Florida licensed contractors:electrical, would do manifest injustice and would be contrary to the
plumbing,and air conditioning. The architect shall be other than a landscape spirit and purpose of this or the technical codes or public
architect. No city emplpyee shall be a member of the CRB, interest,and also finds all of the following:
108.2.2 Terms. The terms of office of the board members
shall be staggered so no more than 1/3 of the board is 1. That special conditions and circumstances exist which are
appointed or replaced in any 12 month period. Vacancies peculiar to the building, structure or service system involved
shall be filled for an un-expired term in the manner in which and which are not applicable to others.
original appointments are required to be made. Continued
absence of any member from required meetings of the board 2.That the special conditions and circumstances do not result
shall, at the discretion of the applicable governing body, from the action or inaction'of the applicant
render any such member subject to immediate removal from
office 3.That granting the variance requested will not confer on the
applicant any special privilege that is denied by this code to -
108.2.3 Quorum and voting. A simple majority of the other buildings,structures or service system.
board shall constitute a quorum. In varying any provision of 4. That the variance granted is the minimum variance that
this code, the affirmative votes of the majority present, but
not less than three affirmative votes, shall be required. In will make possible the reasonable use of the buildings
modifying a decision of the building official, not less than structure or service system
four affirmative votes, but not less than a majority of the
board, shall be required. 5. That the grant of the variance will be in harmony with the
general intent and purpose of this code and will not be
108.2.4 Secretary of board. A person shall be appointed detrimental to the public health,safety and general welfare.
by the local jurisdiction,to act as secretary of the board and
shall make a detailed record of all of its proceedings, which 108.4.2.1 Conditions of the variance. In granting the
shall set forth the reasons for its decision, the vote of each variance, the board may prescribe a reasonable time limit
member, the absence of a member and any failure of a within which the action for which the variance is required
member to vote. shall be commenced or completed or both. In addition, the
board may prescribe appropriate conditions and safeguards in
108.3 Powers. The Construction Board Adjustments and conformity with this code. Violation of the conditions of a
Appeals shall have the power. further defined in 108.4. to variance shall be deemed a violation of this code.
FLORIDA BUILDING CODE—BUILDING 1.19
limpe r„r e
108.4.3 Notice of appeal. Notice of appeal shall be in SECTION 110 `
writing and filed within 30 calendar days after the decision is VIOLATIONS AND PENALTIES
rendered by the building official. Appeals shall be in a form 110.1 Any person, firm, corporation or agent who shall
acceptable to the building official. Appeals relating to violate a provision of this code, or fail to comply therewith,
provisions of the Florida Building Code, other than local or with any of the requirements thereof or who shall erect,
amendments. may be appealed to the Florida Building construct, alter, install, demolish or move any structure,
Commission pursuant to section 120.569 Florida Statutes, electrical gas, mechanical or plumbing system, or has
regarding the local governments action. Notice of Adminis- erected, constructed altered repaired moved or demolished
art Rights may be obtained from the local building a building, structure,electrical, gas, mechanical or plumbing
department.
system, in violation of a detailed statement or drawing
108.4.4 Unsafe or dangerous buildings or service submitted and permitted there under, shall be guilty of a
systems. In the case of a building, structure or service system misdemeanor of the second degree. Each such person shall
which, in the opinion of the building official, is unsafe, be considered guilty of a separate offense for each and every
unsanitary or dangerous, the building official may, in his day or portion thereof during which any violation of any of
order,limit the time for such appeals to a shorter period the provisions of this code is committed or continued Upon
li
conviction of any such violation such person shall be
108.5 Procedures of the Board punished within the limits as provided by law and local
ordinance.
108.5.1 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 Legend:
days after notice of appeal has been received. Black Text=FBC code text
108.5.2 Decisions. The Construction Board of Adjustment Underline&strikethrougl}=BOAF recommendations
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.
SECTION 109
SEVERABILITY
109.1 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.
1.20 FLORIDA BUILDING CODE—BUILDING