2014-O-02 ORDINANCE NO. 2014-0-02
AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA,
AMENDING CHAPTER 7 (BUILDINGS AND CONSTRUCTION; FIRE
SAFETY), ARTICLE I (IN GENERAL) BY REPEALING AND
RESTATING SECTION 7-1 (INCORPORATION OF THE FLORIDA
BUILDING CODE) AND BY REPEALING ARTICLE IX (SWIMMING
POOLS) IN ITS ENTIRETY; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING
FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, Chapter 7 (Buildings and Construction; Fire Safety), Article I (In General)
has not been modified since 2002 (Ordinance #2002-0-03, 2002-0-16) and Article IX
(Swimming Pools) has not been modified since 1992 (Ordinance #92-0-07).
WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
provide a mechanism for the uniform adoption, updating, amendment, interpretation and
enforcement of a state building code, called the Florida Building Code; and
WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative
amendments to the Florida Building Code to implement the National Flood Insurance Program;
and
WHEREAS, the City Council has determined that it is in the public interest to adopt the
proposed floodplain management regulations that are coordinated with the Florida Building
Code; and
WHEREAS, the City Council is adopting a requirement to increase the minimum
elevation requirement for buildings and structures in flood hazard areas and pursuant to section
553.73(5), F.S., in formatting that requirement to coordinate with the Florida Building Code; and
WHEREAS, the City Council adopted a requirement to limit first floor elevation to no
less than one (1) foot above the base flood elevation for buildings and structures in flood hazard
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areas prior to July 1, 2010 and, pursuant to section 553.73(5), F.S. is formatting that requirement
to coordinate with the Florida Building Code.
WHEREAS, amending certain sections of Chapter 7 (Buildings and Construction; Fire
Safety), Article (In General) and by repealing Article IX (Swimming Pools), incorporates
changes bringing consistency with the Floodplain Management Plan which is contained in
Chapter 21 (Land Development Code), Article IV (Resource Protection Standards), Section 21-
40 (General Provisions) and Section 21-42 (Flood Plains) and by incorporating the requirements
contained in Chapter 21 (Land Development Code)relating to swimming pools regulations.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. AMENDING CHAPTER 7 (BUILDINGS AND
CONSTRUCTION; FIRE SAFETY), ARTICLE I (IN GENERAL) BY
REPEALING AND RESTATING SECTION 7-1 (INCORPORATION OF
THE FLORIDA BUILDING CODE) AND BY REPEALING ARTICLE IX
(SWIMMING POOLS) IN ITS ENTIRETY OF THE CODE OF
ORDINANCES FOR THE CITY OF EDGEWATER, FLORIDA.
Amend Chapter 7 (Buildings and Construction; Fire Safety), Article I (In General) by
repealing and restating Section 7-1 (Incorporation of the Florida Building Code) and by
repealing Article IX (Swimming Pools) in its entirety of the City of Edgewater Code of
Ordinances, Edgewater, Florida as set forth in Exhibit "A" which is attached hereto and
incorporated herein.
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the
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remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to
be inapplicable to any person, property, or circumstances by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention; provided, however,that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F. ADOPTION.
After Motion to approve by Councilwoman Power, with Second by Councilman Emter
with the vote on the first reading of this ordinance held on January 6, 2014, as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington EXCUSED
Councilman Mike Ignasiak X
Councilman Gene Emter X
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After Motion to approve by ulaluoroa„?ow c with Second by !ntim',jmo,, the vote on
second reading/public hearing of this ordinance held on February 3, 2014 was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power
Councilwoman Gigi Bennington X
Councilman Michael Ignasiak X
Councilman Gene Emter _
PASSED AND DULY ADOPTED this 3rd day of February, 2014.
ATTEST: CITY COUNCIL OF THE
CIT OF EDGE R,FL 4 RIDA
�►
ZiL -\INN L.CL.' U i.,-. ' L. :
1p. _ _
Bonnie Wenzel U ' ike T���
City Clerk ayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 3rd day of
legality by: Aaron R. Wolfe, Esquire February, 2014 under Agenda Item No. 8 b .
City Attorney
Doran, Sims, Wolfe & Kundid
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Exhibit "A"
Chapter 7 (BUILDINGS AND CONSTRUCTION; FIRE SAFETY)
ARTICLE I (IN GENERAL)
Article I. IN GENERAL is hereby repealed and restated as follows:
Sec. 7 1. Incorporation of the Florida Building Code.
(a) [Florida Building Code adopted.] The Florida Building Code as referenced by
F.S. §553.73, is hereby adopted for use within the city.
(b) Local amendment to Chapter 1 Administration. F.S. §553.73(1)(a), authorizes
in the Florida Building Code. The City of Edgewater wishes to enact amendments to Chapter 1
Administration as contained in Exhibit "A" as provided by the Building Officials Association of
Florida, Inc., and which is attached hereto and incorporated hcrcin. Said amendment shame
binding as it relates to regulating various aspects of construction and reconstruction.
101.3.3 Permitting and inspection. The inspection or permitting of any building,
construed in any court as a warranty of the physical condition of such building, system or
plan or their adequacy. Neither the jurisdiction nor any employee thereof shall be liable
in tort for damages for any defect or hazardous or illegal condition or inadequacy in such
building, system or plan, nor for any failure of any component of such, which may occur
to have acted in bad faith or with malicious purpose in a manner exhibiting wanton and
willful disregard of the safety, health and welfare of the public.
101.4.2.3.2 Unsafe buildings shall be abated using the Standard Unsafe Building
Abatement Code, 1997 edition, promulgated by the Southern Building Code Congress
contained.
101.4.13 Rules of construction. The rules set out in this section shall be observed,
unless such construction is inconsistent with the manifest intent of this chapter. The rules
of construction and definitions set out here shall not be applied to any section of this
subject matter or content of such section would be inconsistent with this section.
101.4.13.1 Generally. All provisions, terms, phrases and expressions contained in
this division shall be liberally construed in order that the true intent and meaning of the
administration of the jurisdiction may be fully carried out. Terms used in this division,
of this state for the same terms.
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101.4.13.2 Text. In case of any difference of meaning or implication between the text
of this division and any figure, the text shall control.
building official or some other officer or employee to do some act or perform some duty,
it is to be construed to authorize the building official or other officer to designate,
delegate and authorize professional level subordinates to perform the required act or duty
unless the terms of the provision or section specify otherwise.
101.4.13.4 Month. The word "month" shall mean a calendar month.
101.4.13.5 Shall, may. The word "shall" is mandatory; "may" is permissive. The
word "shall"takes precedence over"may."
101.4.13.6 Written or in writing. The term "written" or "in writing" shall be
otherwise.
101.4.13.7 Year. The word "year" shall mean a calendar year, unless a fiscal year is
indicated.
101.4.13.8 Interpretation. Interpretations of this chapter shall be made by the
101.9.14 Words not defined.
101.4.14.1 Words not defined herein shall have the meaning stated in the Florida
Statutes or other nationally recognized codes, or other documents, manuals or standards
adopted elsewhere in this chapter. Words not defined in those documents shall have the
i 4. 4 e'
code) to be applied shall be the one applicable to the trade in question. In case of a
conflict between different parts of this chapter, conflicts within the same code; or
conflicts between the code; the more stringent requirements shall be applicable.
101.4.15 Words defined.
Abandon or abandonment. (1) Termination of a construction project by a contractor
without just cause or proper notification to the owner including the reason for
termination. (2) Failure of a contractor to perform work without just cause for
ninety (90) days. (3) Failure to obtain-an approved inspection within one hundred
eighty (180) days from the previous approved inspection.
Appraised value. For the purpose of this section, appraised value is defined as either
(1) one hundred and twenty (120) percent of the assessed value of the structure as
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certified appraisal from a certified appraiser.
Authorized agent. A person specifically authorized by the holder of a certificate of
Based wind speed line. The basic wind speed line for the jurisdiction shall be as
chapter if applicable.
-- . . . . . - • Board of Adjustment and Appeals, unless
otherwise specifically stated.
' • • . .. . a • . . .. . . .. assembly of elements integral to or part of a
building.
Building shell. The structural components that completely enclose a building,
including, but not limited to, the foundation, structural frame, floor slabs, exterior
walls and roof system.
Building system. A functionally related group of elements, components and/or
equipment, such as the electrical,plumbing and mechanical systems of a building.
state or municipality through the review of the applicant's experience and financial
responsibility as well as successful passage of an examination.
person is qualified to engage in the business of contracting, subcontracting or the
work of a specific trade.
Certificate of experience. An official dec• •-- - - _ • . . . • .. .
satisfied the work experience requirements for a certificate of competency.
Certificate of occupancy (C.0.). An official document evidencing that a building
Certified contractor. Any contractor who possesses a certificate of competency
issued by the Department of Professional Regulation of the State of Florida.
Change of occupancy. A change from one Building Code occupancy classification
•-- : .. - -
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Cumulative construction cost. The sum total of costs associated with any
construction work done to a building or structure either at one (1) time or at different
times within a specified period of time.
Demolition. The act of razing, dismantling or removal of a building or structure, or
portion thereof, to the ground level.
- • - - tored and graded by a recognized testing
agency unless otherwise implied in context or specifically stated otherwise.
FCILB. The Florida Construction Industry Licensing Board.
Imminent danger. Structurally unsound conditions of a structure or portion thereof
that is likely to cause physical injury to a person entering the structure: Or due to
structurally unsound conditions; any portion of the structure is likely to fall, be
carried by the wind, or otherwise detach or move, and in doing so cause physical
injury or damage to a person on the property or to a person or property nearby: Or
the condition of the property is such that it harbors or is inhabited by pests, vermin,
or organisms injurious to human health, the presence of which constitutes an
immediate hazard to people in the vicinity.
Inspection warrant. A court order authorizing the official or his designee to perform
Intensification of use. An increase in capacity or number of units of a residential or
Interior finish. The preparation of interior spaces of a commercial building for the
first occupancy thereof.
Licensed contractor. A contractor certified by the State of Florida or the local
jurisdiction who has satisfied the all state or local requirements to be actively
engaged in contracting.
Market value. As defined in floodplain regulations of this code.
9. . • � . .. - - • . . . • . •- .. , -
or in place of the owner.
Permit. An official document authorizing performance of a specific activity
regulated by this chapter.
Permit card or placard. A document issued by the jurisdiction evidencing the
issuance of a permit and record of inspections.
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Qualifying agent, primary. A person who possess the requisite skill, knowledge,
nce and certificate of competency, and has the responsibility to supervise,
with which he is associated; who has the responsibility to supervise, direct, manage
and control construction activities on a job for which he has obtained a permit; and
whose technical and personal qualifications have been determined by investigation
Qualifying agent, secondary. A person who possess the requisite skill, knowledge,
direct, manage and control construction activities on a job for which he has obtained
a permit, and whose technical and personal qualifications have been determined by
competency.
Reciprocity. To accept a verified affidavit from any municipality or county of the
State of Florida that the applicant has satisfactorily completed a written examination
in its jurisdiction equal in content with the examination required by this chapter.
Registered contractor. A contractor who has registered with the department of
professional regulation of the State of Florida pursuant to fulfilling the competency
requirements of the local jurisdiction.
Registration. The act or process of registering a locally obtained certificate of
competency with the state, or the act of process of registering a state issued
certificate of competency with the municipality.
Remodeling. Work which changes the original size, configuration or material of the
Roofing. The installation of roof coverings.
Spa. Any constructed or prefabricated pool containing water jets.
Specialty contractor. A contractor whose services do not fall within the categories
specified in section 489.105(3), Florida Statutes, as amended.
Site: The physical clearing of the site in preparation for foundation work
including, but not limited to, site clearing, excavation, dewatering, pilings and soil
testing activities.
Building: The removal, disassembly, repair, replacement, installation or assembly
of the building, structure, building system or building components in whole or
parts thereof
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Stop work order. An order by the building official, or his designee, which requires
Structural component. Any part of a system, building or structure, load bearing or
nonload bearing, which is integral to the structural integrity thereof, including but
Structural work or alteration. The installation or assembling of new structural
components into a system, building or structure. Also, any change, repair or
replacement of any existing structural component of a system, building or structure.
Substantial completion. Where the construction work has been sufficiently
completed in accordance with the applicable city, state and federal codes, so that the
owner can occupy or utilize the project for the use for which it is intended.
Value. Job cost.
SECTION 102
BUILDING DEPARTMENT
102.1 Establishment. There is hereby established a department to be called the building
102.2 Employee qualifications.
102.2.1 Building official qualifications. The building official shall be licensed as a
building code administrator by the State of Florida. The building official shall be hired
by the city manager and shall not be removed from office except as provided pursuant to
the personnel policies and procedures enacted by the city.
102.2.2 Employee qualifications. The building official, with approval of the city
manager, may hire such number of officers, inspectors, plans examiners, assistants and
other employees as shall be authorized from time to time. A person shall not be hired as
inspector of plans examiner unless that person meets the qualifications for licensure as an
inspector or plans examiner, in the appropriate trade as established by the State of
Florida.
102.3 Restrictions on employees. An officer or employee connected with the
code, shall not be financially interested in the furnishing of labor, material, or appliances for the
construction, alteration, or maintenance of a building, structure, service, system or in the making
owner of such. This officer or employee shall not engage in any other work which is
102.4 Records. The building official shall keep, or cause to be kept, a record of the
business of the department. The records of the department shall be open to public inspection.
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relieved from all personal liability, for any damage that may accrue to persons or property as a
result of any act required or permitted in the discharge of his duties. Any suit brought against
any officer or employee or member because of such act performed by him in the enforcement of
of the public.
SECTION 103
POWERS AND DUTIES
• - _ _ • _ - •
103.1 General. The building official is hereby authorized and directed to enforce the
.- . •- • - . .. . . .: • ies and procedures in order to clarify the application offs
provisions. Such interpretations, policies and procedures shall be in compliance with the intent
and purpose of this code, and shall not have the effect of waiving requirements specifically
provided for in this code.
103.2 Right of entry.
103.2.1 Whenever necessary to make an inspection to enforce any of the provisions of
this code, or whenever the building official has reasonable cause to believe that there
such building, structure, premises, electrical, gas, mechanical or plumbing systems
upon the building official by this code. If such building or premises are occupied, he
shall first present proper credentials and request entry. If such building, structure, or
premises are unoccupied, he shall first make a reasonable effort to locate the owner or
other persons having charge or control of such and request entry. If entry is refused, the
or other remedy provided by law to secure entry, no owner or occupant or any other
persons having charge, care or control of any building, structure, or premises shall fail or
neglect, after proper request is made as herein provided, to promptly permit entry therein
cede.
103.3 Stop work orders. Upon notice form the building official, work on any building,
structure, electrical, gas, mechanical or plumbing system that is being done contrary to the
provisions of this code or in a dangerous or unsafe manner, shall immediately c ase. Such notice
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stopping♦ho ork
103.4 Revocation of permits. The building official is authorized to suspend or revoke a
basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or
regulation or any provisions of this code.
which the permit or approval was based.
103.4.2 Violation of code provisions. The building official may revoke a permit
repair, moving, demolition, installation, or replacement of the building, structure,
constitute a fire hazard, or are otherwise dangerous to humane life, or which in relation to
103.6 Requirements not covered by code. Any requirements necessary for the strength,
stability or proper operation of an existing or proposed building, structure, electrical, gas,
official,
[SECTION 104 PERMITS]
104.1.6 Time limitations. Except as otherwise provided in this chapter, an
writing and justifiable ca is demonstrated.
installation and the basis of calculations.
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104.2.4 Site drawings. Drawings shall show the location of the proposed building
or structure and of every existing building or structure on the site or lot. The building
-•• • .• a boundary line survey prepared by a qualified
104.2.6 Hazardous occupancies. The building official may require the following:
1. General site plan. A general site plan drawn at a legible scale which shall
include, but not be limited to, the location of all buildings, exterior storage facilities,
permanent access ways, evacuation routes, parking lots, internal roads, chemical
loading areas, equipment cleaning areas, storm and sanitary sewer accesses,
identified with the hazard classes and the maximum quantities per hazard class of
2. Building floor plan. A building floor plan drawn to a legible scale, which shall
building and shall indicate rooms, doorways, corridors, exits, fire rated assemblies
with their hourly rating, location of liquid tight rooms, and evacuation routes. Each
hazardous materials storage facility shall be identified on the plan with the hazard
classes and quantity range per hazard class of the hazardous materials stored.
Manufactured/mobile homes
1. Site requirements
Setback/separation(assumed property lines)
Location of septic tanks (if applicable)
2. Structural
Wind zone
Anchoring
Blocking
1. Mechanical
Exhaust systems
Clothes dryer exhaust
Kitchen equipment exhaust
5. Electrical
Exterior disconnect location
[104.4 Issuing Permits]
104.4.6 Public right of way. A permit shall not be given by the building official
for the construction of any building, or for the alteration of any building where said
placing on any lot or premises of any building or structure removed from another lot or
premises, unless the applicant has made applic •: _ •••
[104.5 Conditions of the permit.]
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104.5.1 Permit intent. A permit issued shall be construed to be a license to
proceed with the work and not as authority to violate, cancel alter or set aside any of the
provisions of the technical codes, nor shall • .. - . • . --- . - -- ..• -
official from thereafter requiring a correction of errors in plans, construction, or
violations of this code. Every permit issued shall be come invalid unless the work
the time the work is commenced. Failure to obtai • .. . - • ••-•days of the previous approved inspection shall co • . - . . .• • - - - .
One or more extensions of time, for periods not more than 180 days each, may be
official shall record the extension of time granted.
[104.6 Fees.]
104.6.2 Work commencing before permit issuance. Any person who commences
penalty of 100 percent of the usual permit fee in addition to the required permit fees or as
. . •. . . .• . . -• . . . shall net apply to emergency work when
cases the required permit(s) must . . . . • -•• - .• •- •• -
104.6.5 Types of fees enumerated. Fees may be charged for but not limited to the
followingi
• Permits;
• Plans examination;
• Certificates of competency (including fees applications, examinations, renewal,
late renewal and reciprocity);
• Re inspections;
the context of certain disciplinary cases heard by the board);
• Variance requests;
• Administrative appeals;
• Violations; and
• Other fees as established by local ordinance.•
�.... •• • . , . . . , - - . . • . . - ..• . •.
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valuations shall include total cost, such as electrical, gas, mechanical, plumbing
equipment and other systems, including materials and labor. The permit valuation may
be calculated using the latest Building Valuation Data published by the Southern
SECTION 105
INSPECTIONS
105.1 Existing building inspections. Before issuing a permit, the building official may
install, or change the occupancy. He shall inspect all buildings, structures, electrical, gas,
mechanical and plumbing systems, from time to time, during and upon completion of the work
for which a permit was issued. He shall make a record of every such examination and inspection
and of all violations of the technical codes.
105.2 Manufacturers and fabricators. W hen deemed necessary by the building official,
he shall make, or cause to be made, an inspection of materials or assemblies at the point of
manufacture or fabrication. A record shall be made of every such examination and inspection
and of all violations of the technical codes.
105.3 Inspection service. The building official may make, or cause to be made, the
inspections required by 105. He or she may accept reports of department inspectors, independent
inspectors or of recognized inspection services, provided that after investigation he/she is
of this code shall not be based on such reports unless the same are recorded by the building code
inspector or the architect or engineer performing building code inspections in a manner specified
by the building official. The building official shall ensure that all persons making such
inspections shall be certified in accordance to Chapter 468, Florida Statutes.
[Building]
1.2 Slab inspection: To be made after the reinforcement is 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 inspections have been made and passed.
A foundation survey prepared and certified by a registered surveyor shall be required for
all new construction prior to approval of the framing inspection. The survey shall certify
shall be available at the job site for review by the building inspector. In lieu of providing
a survey, the contractor may elect to uncover all property line markers and string up all
property lines in preparation for inspection.
2.2 Insulation inspection: To be made after the framing inspection is approved and
the insulation is in place.
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NOTE: Sh athing fasteners installed an. - . . - .- . - . . . ..- • -
Site debris:
1. The contractor and/or owner of any . • • • - • •- -•-
shall be responsible for the clean up and removal of all construction debris or any
other miscellaneous discarded articles prior to reccivi•_ • - . -• - • .
Construction job sites must be kept clean, such th. . . . • •- - - • •-
2. All debris shall be kept in such a manner as to prevent it from being
spread by any means.
SECTION 107
TESTS
. - . .. . .. . .
system, the building official may require tests or test reports as proof of compliance. Required
or other approved agency.
SECTION 108
108.1 Appointment. There may be established a board to be called the construction
The board shall be appointed by the applicable governing body.
108.2 Membership and terms.
!:. . - - _ -
108.2.2 Terms. The terms of office of the board members shall be staggered-se-no
shall be filled for an un expired term in the manner in which original appointments are
subject to immediate remove from office. •!:. a. . , ... . . . • . • - • . . • - • -•. . . . . - •
quorum. In varying any provision of this code, the affirmative votes of the majority
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present, but not less than three affirmative votes, shall be required. In modifying a
decision of the building official, not less than four affirmative votes, but not less than a
majority of the board, shall be required.
108.2.4 Secretary of board. A person shall be appointed by the local jurisdiction,
which shall set forth the reasons for its decision, the vote of each member, the absence of
a member and any failure of a member to vote.
108.3 Powers. The Construction Board Adjustments and Appeals shall have the power
. - - - ! :.', - . appeals of decisions and interpretations of the building official
and consider variances of the technical codes.
108.4 Appeals.
108.4.1 Decision of the building official. The owner of a building, structure or
service system, or his duly authorized agent, may appeal a decision of the building
1. The building official rejected or refused to approve the mode or manner of
alteration of a building, structure or service system.
2. The provisions of this code do not apply to this specific case.
3. That an equally good or more desirable form of installation can be employed in
any specific case.
1. The true intent and meaning of this code or any of the regulations there under
have been misconstrued or incorrectly interpreted.
108.4.2 Variances. The Construction Board of Adjustments and Appeals, when so
appealed to and after a hearing, may vary the application of any provision of this code to
any particular case when, in its opinion, the enforcement thereof would do manifest
structure or service system i• . . - . - . .. • . . - . . -- .
2. That the special conditions and circumstances do not result from the action or
inaction of the applicant.
'1. That the variance granted is the minimum variance that will make possible the
reasonable use of the building, structure or service system.
5. That the grant of the variance will be in harmony with the general intent and
purpose of this code and will not be detrimental to the public health, safety and
eralwelfro
108.4.2.1 Conditions of the variance. In granting the variance, the board may
prescribe a reasonable time limit within which the action for which the variance is
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108.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30
calendar days after the decision is rendered by the building official. Appeals shall be in a
form acceptable to the building official. Appeals relating to provisions of the Florida
Commission, pursuant to section 120.569 Florida Statutes, regarding the local
building department.
108.4.4 Unsafe or dangerous buildings or service systems. In the case of a
building, structure or service system which, in the opinion of the building official, is
unsafe, unsanitary or dangerous, the building official may, in his order, limit the time for
such appeals to a shorter period.
108.5 Procedures of the board.
108.5.1 Rules and regulations. The board shall establish rules and regulations for
its own procedure not consistent with the provisions of this code. The board shall meet
appeal has been received.
108.5.2 Decisions. The Construction Board of Adjustment and Appeals shall, in
every case, r ach 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
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
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.
SECTION 110
VIOLATIONS AND PENALTIES
110.1 Any person, firm, corporation or agent who shall violate a provision of this code,
or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct,
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alter, install, demolish or move any structure electrical, gas, mechanical or plumbing system, or
have erected, constructed, altered, repaired, moved or demolished a building, structure,
limits provided by law and local ordinance.
(c) Local amendment to National Fire Protection Association (NFPA) 70 National
Electrical Code (NEC). Section 553.73(4)(a), Florida Statutes (2001), authorizes local•
• . . . - ' . - . '. a• _ I • e • •. • - • • I• - -
Exhibit "B" as provided by the Unified Code Committee of Volusia and Flagler Counties, which
230 50. Protection of open conductors and cables against damage Above ground
as specified in(a) or(b).
•
protected by any of the following:
1. Rigid metal conduit
2. Intermediate metal conduit
336 4. Uses permitted. Type NM, type NMC, and type NMS cables shall be permitted to
be used in the following:
1. One and two family dwellings_
680 11. Equipment rooms and pits. Electric equipment shall not be installed in
operation of filter maintenance.
Swimming pool equipment rooms shall be wired in rigid no metallic conduit plastic
or sheradized conduit shall not be used.
B. Permanently installed pools.
680 8. Overhead conductor clearances., The following parts of pools shall not be placed
be installed above the following:
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2. Diving structure, or
3. Observation stands, towers, or platforms.
Chapter 7 (BUILDINGS AND CONSTRUCTION; FIRE SAFETY)
ARTICLE I (IN GENERAL)
Article I. IN GENERAL is hereby repealed and restated as follows:
Sec. 7-1. Incorporation of the Florida Building Code.
(a) [Florida Building Code adopted] The Florida Building Code, Florida Building
Code, Residential and all other subparts of the Florida Building Code as referenced by F.S.
§553.73, is hereby adopted for use within the city.
(b) Local amendment to Chapter 1 Administration. F.S. §553.73(4)(a), authorizes
local governments to adopt amendments to the administrative and technical provisions contained
in the Florida Building Code. The City of Edgewater wishes to enact amendments to Chapter 1
Administration as contained in Exhibit "A" as provided by the Building Officials Association of
Florida, Inc. (BOAF), and which is attached hereto and incorporated herein. Said amendment
shall be binding as it relates to regulating various aspects of construction and reconstruction.
CHAPTER 1 SCOPE AND ADMINISTRATION
PART I—SCOPE AND APPLICATION
SECTION 101 GENERAL
101.1 Title. These regulations shall be known as the Florida Building Code hereinafter
referred to as "this code."
101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement,
enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal
and demolition of every building or structure or any appurtenances connected or attached to such
buildings or structures.
1. Detached one — and two-family dwellings and multiple single-family dwellings
(townhouses) not more than three stories above grade plane in height with a separate means of
egress and their accessory structures shall comply with the Florida Building Code, Residential.
2. Existing buildings undergoing repair, alterations or additions and change of
occupancy shall comply with Florida Building Code, Existing.
101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted.
The following Appendices are hereby adopted and incorporated herein:
Appendice B
Appendice C
Appendice E
Appendice F
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101.2.2 Residential Construction standards or practices which are not covered by the
Florida Building Code, Residential volume shall be in accordance with the provisions of Florida
Building Code, Building.
101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard
the public health, safety and _general welfare through structural strength, means of egress
facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to
life and property from fire and other hazards attributed to the built environment and to provide
safety to fire fighters and emergency responders during emergency operations.
101.3.1 Quality control. Quality control of materials and workmanship is not within the
purview of this code except as it relates to the purposes stated herein.
101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building,
system or plan by this jurisdiction, under the requirements of this code, shall not be construed in
any court as a warranty of the physical condition of such building, system or plan or their
adequacy. This jurisdiction shall not be liable in tort for damages or hazardous or illegal
condition or inadequacy in such building, system or plan, nor for any failure of any component
of such, which may occur subsequent to such inspection or permitting.
101.4 Referenced codes. The other codes listed in Sections 101.4.1 though 101.4.8 and
referenced elsewhere in this code shall be considered part of the requirements of this code to the
prescribed extent of each such reference.
101.4.2 Gas. The provisions of the Florida Building Code, Fuel Gas shall apply to the
installation of gas piping from the point of delivery, gas appliances and related accessories as
covered in this code. These requirements apply to gas piping systems extending from the point
of delivery to the inlet connections of appliances and the installation and operation of residential
and commercial gas appliances and related accessories.
101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to
the installation, alterations, repairs and replacement of mechanical systems, including equipment.,
appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air
conditioning and refrigeration systems, incinerators and other energy-related systems.
101.4.3 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the
installation, alteration, repair and replacement of plumbing systems, including equipment,
appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage
system and all aspects of a medical gas system. The provisions of the International Private
Sewage Disposal Code shall apply to private sewage disposal systems.
101.4.4 Property maintenance. Chapter 10 (Health, Sanitation, Property Maintenance and
Code Enforcement) of the City of Edgewater's Code of Ordinances is hereby incorporated by
reference
The provisions of Chapter 10 (Health, Sanitation, Property Maintenance and Code
Enforcement) of the City of Edgewater's Code of Ordinances shall apply to existing structures
and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire
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safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing
premises and structures.
101.4.5 Fire prevention. The provisions of the Florida Fire Prevention Code shall apply to
matters affecting or relating to structures, processes and premises from the hazard of fire and
explosion arising from the storage, handling or use of structures, materials or devices; from
conditions hazardous to life, property or public welfare in the occupancy of structures or
premises; and from the construction, extension, repair, alteration or removal of fire suppression
and alarm systems or fire hazards in the structure or on the premises from occupancy or
operation.
101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation shall apply
to all matters governing the design and construction of buildings for energy efficiency.
101.4.7 Accessibility. For provisions related to accessibility, refer to Chapter 11 of the Florida
Building Code, Building.
101.4.8 Manufactured buildings. For additional administrative and special code requirements,
see section 428, Florida Building Code, Building, and Rule 9B-1 F.A.C.
SECTION 102 APPLICABILITY
102.1 General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable. Where, in any specific case, different
sections of this code specify different materials, methods of construction or other requirements,
the most restrictive shall govern.
102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be
brought with respect to, zoning requirements, land use requirements and owner specifications or
programmatic requirements which do not pertain to and govern the design, construction,
erection, alteration, modification, repair or demolition of public or private buildings, structures or
facilities or to programmatic requirements that do not pertain to enforcement of the Florida
Building Code. Additionally, a local code enforcement agency may not administer or enforce the
Florida Building Code, Building to prevent the siting of any publicly owned facility, including.,
but not limited to, correctional facilities, juvenile justice facilities, or state universities,
community colleges, or public education facilities, as provided by law.
102.2 Building. The provisions of the Florida Building Code shall apply to the construction,
erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance,
removal and demolition of every public and private building, structure or facility or floating
residential structure, or any appurtenances connected or attached to such buildings, structures or
facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings
and structures shall comply with the provisions provided in Chapter 34 of this code. The
following buildings, structures and facilities are exempt from the Florida Building Code as
provided by law, and any further exemptions shall be as determined by the legislature and
provided by law:
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a) Building and structures specifically regulated and preempted by the federal
government.
b) Railroads and ancillary facilities associated with the railroad.
c) Nonresidential farm buildings on farms.
d) Temporary buildings or sheds used exclusively for construction purposes.
e) Mobile or modular structures used as temporary offices, except that the provisions
of Part II (Section 553.501 — 553.513, Florida Statutes) relating to accessibility by persons with
disabilities shall apply to such mobile or modular structures. Permits shall be required for
structural support and tie down, electric supply and all other such utility connections to such
mobile or modular structures as required by this jurisdiction.
f) Those structures or facilities of electric utilities, as defined in Section 366.02,
Florida Statutes, which are directly involved in the generation, transmission, or distribution of
electricity.
g) Temporary sets, assemblies, or structures used in commercial motion picture or
television production, or any sound-recording equipment used in such production, on or off the
premises.
h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the
Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided
wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that
does not incorporate any electrical, plumbing, or other non-wood features.
i) Family mausoleums not exceeding 250 square feet in area which are prefabricated
and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor
constructed of granite, marble, or reinforced concrete.
j) Temporary housing as provided by the Department of Corrections to any prisoner
in the state correctional system.
102.2.3 The building official shall apply the same standard to a moved residential building or
structure as that applied to the remodeling of any comparable residential building or structure to
determine whether the moved structure is substantially remodeled. The cost of the foundation on
which the moved building or structure is placed shall not be included in the cost of remodeling
for purposes of determining whether a moved building or structure has been substantially
remodeled.
102.2.4 This section does not apply to the jurisdiction and authority of the Department of
Agriculture and Consumer Services to inspect amusement rides or the Department of Financial
Services to inspect state owned buildings and boilers.
102.2.6 This section does not apply to swings and other playground equipment accessory to a
one- or two-family dwelling.
Exception: Electrical service to such playground equipment shall be in
accordance with Chapter 27 of this code.
102.3 Application of references. References to chapter or section numbers, or to provisions
not specifically identified by number, shall be construed to refer to such chapter, section or
provision of this code.
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102.4 Referenced codes and standards. The codes and standards referenced in this code shall
be considered part of the requirements of this code to the prescribed extent of each such
reference. Where differences occur between provisions of this code and referenced codes and
standards,the provisions of this code shall apply.
102.5 Partial invalidity. In the event that any part or provisions of this code is held to be illegal
or void, this shall not have the effect of making void or illegal any of the other parts or
provisions.
102.6 Existing structures. The legal occupancy of any structure existing on the date of
adoption of this code shall be permitted to continue without change, except as is specifically
covered in this code, Chapter 10 of the Code of Ordinances or the Florida Fire Prevention Code,
or as is deemed necessary by the building official for the general safety and welfare of the
occupants and the public.
102.7 Relocation of manufactured buildings.
(1) Relocation of an existing manufactured building does not constitute an alteration.
(2) A relocated building shall comply with wind speed requirements of the new location,
using the appropriate wind speed map. If the existing building was manufactured in compliance
with the Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard
Building Code shall be applicable. If the existing building was manufactured in compliance with
the Florida Building Code (after March 1, 2002), the wind speed map of the Florida Building
Code shall be applicable.
(3) A relocated building shall comply with the flood hazard area requirements of the new
location, if applicable.
102.8 Existing mechanical equipment. An agency or local government may not require that
existing mechanical equipment on the surface of a roof be installed in compliance with the
requirements of the Florida Building Code until the equipment is required to be removed or
replaced.
PART 2—ADMINISTRATION AND ENFORCEMENT
SECTION 103 BUILDING DEPARTMENT
103.1 Creation of enforcement agency. The Building Department is hereby created and the
official in charge thereof shall be known as the building official.
103.2 Appointment. The building official shall be appointed by the chief appointing authority
of the jurisdiction.
103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the
concurrence of the appointing authority, the building official shall have the authority to appoint a
deputy building official, the related technical officers, inspectors, plan examiners and other
employees. Such employees shall have powers as delegated by the building official. For the
maintenance of existing properties, see Chapter 10 (Health, Sanitation, Property Maintenance
and Code Enforcement) of the City of Edgewater's Code of Ordinances.
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SECTION 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL
104.1 General. The building official is hereby authorized and directed to enforce the provisions
of this code. The building official shall have the authority to render interpretations of this code
and to adopt policies and procedures in order to clarify the application of its provisions. Such
interpretations, policies and procedures shall be in compliance with the intent and purpose of this
code. Such policies and procedures shall not have the effect of waiving requirements
specifically provided for in this code.
104.2 Applications and permits. The building official shall receive applications, review
construction documents and issue permits for the erection, and alteration, demolition and moving
of buildings and structures, inspect the premises for which such permits have been issued and
enforce compliance with the provisions of this code.
104.3 Notices and orders. The building official shall issue all necessary notices or orders to
ensure compliance with this code.
104.4 Inspections. The building official shall make all of the required inspections, or the
building official shall have the authority to accept reports of inspection by approved agencies or
individuals. Reports of such inspections shall be in writing and be certified by a responsible
officer of such approved agency or by the responsible individual. The building official is
authorized to engage such expert opinion as deemed necessary to report upon unusual technical
issues that arise, subject to the approval of the appointing authority.
104.5 Identification. The building official shall carry proper identification when inspecting
structures or premises in the performance of duties under this code.
104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of
this code, or where the building official has reasonable cause to believe that there exists in a
structure or upon a premises a condition which is contrary to or in violation of this code which
makes the structure of premises unsafe, dangerous or hazardous, the building official is
authorized to enter the structure or premises at reasonable times to inspect or to perform the
duties imposed by this code, provided that if such structure or premises by occupied that
credentials be presented to the occupant and entry requested. If such structure or premises is
unoccupied, the building official shall first make a reasonable effort to locate the owner or other
person having charge or control of the structure or premises and request entry. If entry is
refused, the building official shall have recourse to the remedies provided by law to secure entry.
104.7 Department of records. The building official shall keep official records of applications
received, permits and certificates issued, fees collected, reports of inspections, and notices and
orders issued. Such records shall be retained in the official records for the period required for
retention of public records per FS 119.
104.8 Liability. The building official, member of the board of appeals or employee charged
with the enforcement of this code, while acting for the jurisdiction in good faith and without
malice in the discharge of the duties required by this code or other pertinent law or ordinance,
shall not thereby be rendered liable personally and is hereby relieved from personal liability for
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any damage accruing to persons or property as a result of any act or by reason of an act or
omission in the discharge of official duties. Any suit instituted against an officer or employee
because of an act performed by that officer or employee in the lawful discharge of duties and
under the provisions of this code shall be defended by legal representative of the jurisdiction
until the final termination of the proceedings. The building official or any subordinate shall not
be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions
of this code.
104.9 Approved materials and equipment. Materials, equipment and devices approved by the
building official shall be constructed and installed in accordance with such approval.
104.9.1 Used materials and equipment. The use of used materials which meet the
requirements of this code for new materials is permitted. Used equipment and devices shall not
be reused unless approved by the building official.
104.10 Modifications. Wherever there are practical difficulties involved in carrying out the
provisions of this code, the building official shall have the authority to grant modifications for
individual cases (except in a Special Flood Hazard Area), upon application of the owner or
owner's representative, provided the building official shall first find that special individual
reason makes the strict letter of this code impractical and the modification is in compliance with
the intent and purpose of this code and that such modification does not lessen health,
accessibility, life and fire safety, or structural requirements. The details of action granting
modifications shall be recorded and entered in the files of the department of building safety.
104.11 Alternative materials, design and methods of construction and equipment. The
provisions of this code are not intended to prevent the installation of any material or to prohibit
any design or method of construction not specificallyprescribed by this code, provided that any
such alternative has been approved. An alternative material, design or method of construction
shall be approved where the building official finds that the proposed design is satisfactory and
complies with the intent of the provisions of this code, and that the material, method or work
offered is, for the purpose intended, at least the equivalent of that prescribed in this code in
quality, strength, effectiveness, fire resistance, durability and safety. When alternate life safety
systems are designed, the SFPE Engineering Guide to Performance-Based Fire Protection
Analysis and Design of Buildings, or other methods approved by the building official may be
used. The building official shall require that sufficient evidence or proof be submitted to
substantiate any claim made regarding the alternative.
104.11.1 Research reports. Supporting data, where necessary to assist in the approval of
materials or assemblies not specifically provided for in this code, shall consist of valid research
reports from approved sources.
104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of
this code, or evidence that a material or method does not conform to the requirements of this
code, or in order to substantiate claims for alternative materials or methods, the building official
shall have the authority to require tests as evidence of compliance to be made at no expense to
the jurisdiction. Test methods shall be as specified in this code or by other recognized test
standards. In the absence of recognized and accepted test methods, the building official shall
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approve the testing procedures. Tests shall be performed by an approved agency. Reports of
such tests shall be retained by the building official for the period required for retention of public
records.
104.11.3 Accessibility. Alternative designs and technologies for providing access to and
usability of a facility for persons with disabilities shall be in accordance the Florida Accessibility
Code.
104.12 Requirements not covered by code. Any requirements necessary for the strength,
stability or proper operation of an existing or proposed building, structure, electrical, gas,
mechanical or plumbing system, or for the public safety, health and general welfare, not
specifically covered by this or the other technical codes, shall be determined by the building
official.
SECTION 105 PERMITS
105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair,
moved, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge.,
alter, repair, remove, convert or replace any impact resistant coverings, electrical, gas,
mechanical or plumbing system, the installation of which is regulated by this code, or to cause
any such work to be done, shall first make application to the building official and obtain the
required permit.
105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing
electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building
official is authorized to issue an annual permit for any occupancy to facilitate routine or
emergency service, repair, refurbishing, minor renovations of service systems or manufacturing
equipment installations/relocations. The building official shall be notified of major changes and
shall retain the right to make inspections at the facility site as deemed necessary. An annual
facility permit shall be assessed with an annual fee and shall be valid for one year from date of
issuance. A separate permit shall be obtained for each facility and for each construction trade, as
applicable. The permit application shall contain a general description of the parameters of work
intended to be performed during the year.
105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a
detailed record of alterations made under such annual permit. The building official shall have
access to such records at all times or such records shall be filed with the building official as
designated.
105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the
Department of Agriculture and Consumer Services is required of any person who operates a food
establishment or retail store.
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not
be deemed to grant authorization for any work to be done in any manner in violation of the
provisions of this code or any other laws or ordinances of this jurisdiction.
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Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and
similar uses, provided the floor area does not exceed 120 square feet (11 m2).
2. Fences not over 6 feet (1829 mm)high.
3. Oil derricks.
4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of
the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA
liquids.
5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18
925 L) and the ratio of height to diameter or width does not exceed 2:1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and
not over any basement or story below and are not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8. Temporary motion picture,television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24
inches (610 mm) deep, do not exceed 5,000 gallons (18 925 L) and are installed entirely above
ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including
service systems.
11. Swings and other playground equipment accessory to detached one- and two-family
dwellings.
12. Window awnings supported by an exterior wall that do not project more than 54 inches
(1372 mm) from the exterior wall and do not require additional support of Groups R-3 and U
occupancies.
13. Non fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9
inches (1753 mm) in height.
Electrical:
Repairs and maintenance: Minor repair work, including the replacement of lamps or the
connection of approved portable electrical equipment to approved permanently installed
receptacles.
Radio and television transmitting stations: The provisions of this code shall not apply to
electrical equipment used for radio and television transmissions, but do apply to equipment and
wiring for a power supply and the installations of towers and antennas.
Temporary testing systems: A permit shall not be required for the installation of any
temporary system required for the testing or servicing of electrical equipment or apparatus.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such
equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
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3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by
this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and
actuated by motors of 1 horsepower(746 W) or less.
8. The installation, replacement, removal or metering of any load management control
device.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if
any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes
necessary to remove and replace the same with new material, such work shall be considered as
new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the
removal and reinstallation of water closets, provided such repairs do not involve or require the
replacement or rearrangement of valves, pipes or fixtures.
105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in
an emergency situation, the permit application shall be submitted within the next working
business day to the building official.
105.2.2 Minor repairs. Ordinary repairs or installation of replacement parts may be made with
the prior approval of the building official without a permit, provided the repairs do not include
the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural
beam or load bearing support, or the removal or change of any required means of egress, or
rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs
include addition to, alteration of, replacement or relocation of any standpipe, water supply,
sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or
mechanical or other work affecting public health or general safety, and such repairs shall not
violate any of the provisions of the technical codes.
105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or
repair of generation, transmission, distribution or metering or other related equipment that is
under the ownership and control of public service agencies by established right.
105.3 Application for permit. To obtain a permit, the applicant shall first file an application
therefore in writing on a form furnished by the Building Department for that purpose. Permit
application forms shall be in the format prescribed by a local administrative board, if applicable,
and must comply with the requirements of Section 713.135(5) and (6), Florida Statutes. Each
application shall be inscribed with the date of application. For a building permit for which an
application is submitted prior to the effective date of the Florida Building Code, the state
minimum building code in effect in the permitting jurisdiction on the date of the application
governs the permitted work for the life of the permit and any extension granted to the permit.
105.3.1 Action on application. The building official shall examine or cause to be examined
applications for permits and amendments thereto within a reasonable time after filing. If the
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application or the construction documents do not conform to the requirements of pertinent laws,
the building official shall reject such application in writing, stating the reasons therefore. If the
building official is satisfied that the proposed work conforms to the requirements of this code
and laws and ordinances applicable thereto, the building official shall issue a permit therefore as
soon as practicable. When authorized through contractual agreement with a school board, in
acting on applications for permits,the building official shall give first priority to any applications
for the construction of, or addition or renovation to, any school or educational facility.
105.3.1.2 No permit may be issued for any building construction, erection, alteration,
modification, repair, or addition unless the applicant for such permit provides to the enforcing
agency which issues the permit any of the following documents which apply to the construction
for which the permit is to be issued and which shall be prepared by or under the direction of an
engineer registered under Chapter 471, Florida Statutes:
1. Any electrical or plumbing or air conditioning and refrigeration system
meeting the following thresholds are required to be designed by a Florida
Registered Engineer. The system:
1. Requires an electrical or plumbing or air conditioning and
refrigeration system with a value of over$125,000; and
2.a. Requires an aggregate service capacity of over 600 amperes
(240 volts) on a residential electrical system or over 800
amperes (240 volts) on a commercial or industrial electrical
system;
NOTE: It was further clarified by the Florida Building Commission that the limiting factor of
240 volt or over is required to be designed by an Engineer.
b. Requires a plumbing system with 250 fixture units or more;
c. Requires a heating, ventilation, and air conditioning system
that exceeds a 15 ton per system capacity, or if the project
is designed to accommodate over 100 persons.
NOTE: It was further clarified by the Florida Building Commission that the limiting criteria of
100 persons and $125,000 apply to the building occupancy load and the cost for the total air
conditioning system of the building.
2. Fire sprinkler documents for any new building or addition which includes
a fire sprinkler system which contains 50 or more sprinkler heads. A
Contractor I, Contractor II, or Contractor IV, certified under Section
633.521, Florida Statutes, may design a fire sprinkler system of 49 or
fewer heads and may design the alteration of an existing fire sprinkler
system if the alteration consists of the relocation, addition or deletion of
not more than 49 heads, notwithstanding the size of the existing fire
sprinkler system.
3. Any specialized mechanical, electrical, or plumbing document for any
new building or addition which includes a medical gas, oxygen, steam,
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vacuum, toxic air filtration, halon, or fire detection and alarm system
which costs more than $5,000.
Documents requiring an engineer seal by this part shall not be valid unless a professional
engineer who possesses a valid certificate of registration has signed, dated, and stamped such
document as provided in Section 471.025, Florida Statutes.
105.3.2 Time limitation of application. An application for a permit for any proposed work
shall be deemed to have been abandoned becoming null and void 180 days after the date of
filing, unless such application has been pursued in good faith or a permit has been issued; except
that the building official is authorized to grant one or more extensions of time for additional
periods not exceeding 90 days each. The extension shall be requested in writing and justifiable
cause demonstrated.
105.3.3 An enforcing authority may not issue a building permit for any building construction,
erection, alteration, modification, repair or addition unless the permit either includes on its face
or there is attached to the permit the following statement: "NOTICE: In addition to the
requirements of this permit, there may be additional restrictions applicable to this property that
may be found in the public records of this city and/or county, and there may be additional
permits required from other governmental entities such as water management districts, state
agencies, or federal agencies."
105.3.4 A building permit for a single-family residential dwelling must be issued within 30
working days of application therefore unless unusual circumstances require a longer time for
processing the application or unless the permit application fails to satisfy the Florida Building
Code or the enforcing agency's laws or ordinances.
105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter
440, Florida Statutes, Workers' Compensation, every employer shall, as a condition to receiving
a building permit, show proof that it has secured compensation for its employees as provided in
Section 440.10 and 440.38, Florida Statutes.
105.3.6 Asbestos removal. Moving, removal or disposal of asbestos-containing materials on a
residential building where the owner occupies the building, the building is not for sale or lease,
and the work is performed according to the owner-builder limitations provided in this paragraph.
To qualify for exemption under this paragraph, an owner must personally appear and sign the
building permit application. The permitting agency shall provide the person with a disclosure
statement in substantially the following form:
Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors.
You have applied for a permit under an exemption to that law. The exemption allows you, as the
owner of your property, to act as your own asbestos abatement contractor even though you do
not have a license. You must supervise the construction yourself You may move, remove or
dispose of asbestos-containing materials on a residential building where you occupy the building
and the building is not for sale or lease, or the building is a farm outbuilding on your property. if
you sell or lease such building within 1 year after the asbestos abatement is complete, the law
will presume that you intended to sell or lease the property at the time the work was done, which
is a violation of this exemption. You may not hire an unlicensed person as your contractor.
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Your work must be done according to all local, state and federal laws and regulations which
apply to asbestos abatement projects. It is your responsibility to make sure that people employed
by you have licenses required by state law and by county or municipal licensing ordinances.
105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be permitted to
complete all buildings designed and approved prior to the effective date of a new code edition,
provided a clear signed contract is in place. The contract shall provide specific data mirroring
that required by an application for permit, specifically, without limitation, date of execution,
building owner or dealer, and anticipated date of completion. However, the construction activity
must commence within 6 months of the contract's execution. The contract is subject to
verification by the Department of Economic Opportunity.
105.3.8 Public right of way. A permit shall not be given by the building official for the
construction of any building, or for the alteration of any building where said building is to be
changed and such change will affect the exterior walls, bays, balconies, or other appendages or
projections fronting on any street, alley or public lane, or for the placing on any lot or premises
of any building or structure removed from another lot or premises, unless the applicant has
received a right of way permit from the authority having jurisdiction over the street, alley or
public lane.
105.4 Conditions of the permit. The issuance or granting of a permit shall not be construed to
be a permit for, or an approval of, any violation of any of the provisions of this code or of any
other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the
provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of
a permit based on construction documents and other data shall not prevent the building official
from requiring the correction of errors in the construction documents and other data. The
building official is also authorized to prevent occupancy or use of a structure where in violation
of this code or of any other ordinances of this jurisdiction.
105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the
work and not as authority to violated, cancel, alter or set aside any of the provisions of the
technical codes, nor shall issuance of a permit prevent the building official from thereafter
requiring a correction of errors in plans, construction or violations of this code. Every permit
issued shall become invalid unless the work authorized by such permit is commenced within six
(6) months after its issuance, or if the work authorized by such permit is suspended or abandoned
for a period of six (6) months after the time the work is commenced.
105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires
because of lack of progress or abandonment, a new permit covering_the proposed construction
shall be obtained before proceeding with the work.
105.4.1.2 If a new permit is not obtained within 180 days from the date the initial permit became
null and void, the building official is authorized to require that any work which has been
commenced or completed be removed from the building site. Alternately, a new permit may be
issued on application, providing the work in place and required to complete the structure meets
all applicable regulations in effect at the time the initial permit became null and void and any
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regulations which may have become effective between the date of expiration and the date of
issuance of the new permit.
105.4.1.3 Work shall be considered to be in active progress when the permit has received an
approved inspection within 180 days. This provision shall not be applicable in case of civil
commotion or strike or when the building work is halted due directly to judicial injunction, order
or similar process.
105.4.1.4 The fee for renewal reissuance and extension of a permit shall be set forth by the
administrative authority.
105.5 Expiration. Every permit issued shall become invalid unless the work on the site
authorized by such permit is commenced within 180 days after its issuance, or if the work
authorized on the site by such permit is suspended or abandoned for a period of 180 days after
the time the work is commenced. The building official is authorized to grant, in writing, one or
more extensions of time, for periods not more than 180 days each. The extension shall be
requested in writing and justifiable cause demonstrated.
105.6 Suspension or revocation. The building official is authorized to suspend or revoke a
permit issued under the 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 of the provisions of this code.
105.7 Placement of permit. The building permit or copy shall be kept on the site of the work
until the completion of the project.
105.8 Notice of commencement. As per Section 713.135, Florida Statutes, when any person
applies for a building permit, the authority issuing such permit shall print on the face of each
permit card in no less than 14 point, capitalized, boldfaced type: "WARNING TO OWNER;
YOUR FAILURE TO RECORD A NOTICE OF COMMENCMENT MAY RESULT IN YOUR
PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO
OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
RECORDING YOUR NOTICE OF COMMENCEMENT."
105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or
renovation of an existing structure to contain an asbestos notification statement which indicates
the owner's or operator's responsibility to comply with the provisions of Section 469.003,
Florida Statutes, and to notify the Department of Environmental Protection of his or her
intentions to remove asbestos, when applicable, in accordance with state and federal law.
105.10 Certificate of protective treatment for prevention of termites. A weather-resistant
job-site posting board shall be provided to receive duplicate treatment certificates as each
required protective treatment is completed, providing a copy for the person the permit is issued
to an another copy for the building department files. The treatment certificate shall provide the
product used, identity of the applicator, time and date of the treatment, site location, area treated,
chemical used, percent concentration and number of gallons used, to establish a verifiable record
of protective treatment. If the soil chemical barrier method for termite prevention is used, final
exterior treatment shall be completed prior to final building approval.
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105.11 Notice of termite protection. A permanent sign which identifies the termite treatment
provider and need for re-inspection and treatment contract renewal shall be provided. The sign
shall be posted near the water heater or electric panel.
105.12 Work starting before permit issuance. Upon approval of the building official, the
scope of work delineated in the building permit application and plan may be started prior to the
final approval and issuance of the permit,provided any work completed is entirely at risk of the
permit applicant and the work does not proceed past the first required inspection.
105.13 Phased permit approval. After submittal of the appropriate construction documents,
the building official is authorized to issue a permit for the construction of foundations or any
other part of a building or structure before the construction documents for the whole building or
structure have been submitted. The holder of such permit for the foundation or other parts of a
building or structure shall proceed at the holder's own risk with the building operation and
without assurance that a permit for the entire structure will be granted. Corrections may be
required to meet the requirements of the technical codes.
105.14 Permit issued on basis of an affidavit. Whenever a permit is issued in reliance upon an
affidavit or whenever the work to be covered by a permit involves installation under conditions
which, in the opinion of the building official, are hazardous or complex, the building official
shall require that the architect or engineer who signed the affidavit or prepared the drawings or
computations shall supervise such work. in addition, they shall be responsible for conformity to
the permit, provide copies of inspection reports as inspections are performed, and upon
completion make and file with the building official written affidavit that the work has been done
in conformity to the reviewed plans and with the structural provisions of the technical codes. In
the event such architect or engineer is not available, the owner shall employ in his stead a
competent person or agency whose qualifications are reviewed by the building official. The
building official shall ensure that any person conducting plans review is qualified as a plans
examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting
inspections is qualified as a building inspector under Part III of Chapter 468, Florida Statutes.
Exception: affidavits not allowed in Special Flood Hazard Area
105.15 Opening protection. When any activity requiring a building permit that is applied for,
and for which the estimated cost is $50,000 or more for a site built single family detached
residential structure that is located in the wind borne debris region as defined in this Code and
that has an insured value of $750,000 or more, or, if the site built single family detached
residential structure in uninsured or for which documentation of insured value is not presented,
has a just valuation for the structure for purposes of ad valorem taxation of$750,000 or more
opening protections as required within this Code or Florida Building Code, Residential for new
construction shall be provided.
Exception: Single family residential structures permitted subject to the Florida Building Code
are not required to comply with section 105.15.
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SECTION 106 FLOOR AND ROOF DESIGN LOADS
106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a
commercial or industrial building is or has been designed to exceed 50 psf(2.40 kN/m2), such
design live loads shall be conspicuously posted by the owner in that part of each story in which
the apply, using durable signs. It shall be unlawful to remove or deface such notices.
106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section
111 shall not be issued until the floor load signs, required by Section 106.1, have been installed.
106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on
any floor or roof of a building, structure or portion thereof, a load greater than is permitted by
this code.
SECTION 107 SUBMITTAL DOCUMENTS
107.1 General. Submittal documents consisting of construction documents, state of special
inspections, geotechnical report and other data shall be submitted in two or more sets with each
permit application. The construction documents shall be prepared by a registered design
professional where required by Chapter 471, Florida Statutes and 61G15, Florida Administrative
Code or Chapter 481, Florida Statutes and 61G1, Florida Administrative Code. Where special
conditions exist, the building official is authorized to require additional construction documents
to be prepared by a registered design professional.
Exception: This building official is authorized to waive the submission of construction
documents and other data not required to be prepared by a registered design professional if it is
found that the nature of the work applied for is such that review of construction documents is not
necessary to obtain compliance with this code.
107.2 Construction documents. Construction documents shall be in accordance with Sections
107.2.1 through 107.2.5.
107.2.1 Information on construction documents. Construction documents shall be
dimensioned and drawn upon suitable material. Electronic media documents are permitted to be
submitted when approved by the building official. Construction documents shall be of sufficient
clarity to indicate the location, nature and extent of the work proposed and show in detail that it
will conform to the provisions of this code and relevant laws, ordinances, rules and regulations,
as determined by the building official. Such drawings and specifications shall contain
information, in the form of notes or otherwise, as to the quality of materials, where quality is
essential to conformity with the technical codes. Such information shall be specific, and the
technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent
be used as a substitute for specific information. All information, drawings, specifications and
accompanying data shall bear the name and signature of the person responsible for the design.
(see also Section 107.3.5).
107.2.1.1 Fire protection system shop drawings. Shop drawings for the fire protection
system(s) shall be submitted to indicate conformance to this code and the construction
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documents and shall be approved prior to the start of system installation. Shop drawings shall
contain all information as required by the referenced installation standards in Chapter 9.
107.2.1.2 For roof assemblies required by the code, the construction documents shall illustrate,
describe, and delineate the type of roofing system, materials, fastening requirements, flashing
requirements and wind resistance rating that are required to be installed. Product evaluation and
installation shall indicate compliance with the wind criteria required for the specific site or a
statement by an architect or engineer for the specific site must be submitted with the construction
documents.
107.2.3 Means of egress. The construction documents shall show in sufficient detail the
location, construction, size and character of all portions of the means of egress in compliance
with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the
construction documents shall designate the number of occupants to be accommodated on every
floor, and in all rooms and spaces.
107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the
exterior wall envelope in sufficient detail to determine compliance with this code. The
construction documents shall provide details of the exterior wall envelope as required, including
flashing, intersections with dissimilar materials, corners, end details, control joints. intersections
at roof, eaves or parapets, means of drainage, water-resistive membrane and details around
openings. The construction documents shall include manufacturer's installation instructions that
provide supporting documentation that the proposed penetration and opening details described in
the construction documents maintain the weather resistance of the exterior wall envelope. The
supporting documentation shall fully describe the exterior wall system which was tested, where
applicable, as well as the test procedure used.
107.2.5 Site plan. The construction documents submitted with the application for permit shall
be accompanied by a site plan showing to scale the size and location of new construction and
existing structures on the site, distances from lot lines, the established street grades and the
proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood
elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the
case of demolition, the site plan shall show construction to be demolished and the location and
size of existing structures and construction that are to remain on the site or plot. The building
official is authorized to waive or modify the requirement for a site plan when the application for
permit is for alteration or repair or when otherwise warranted.
107.2.5.1 Design flood elevations. Where design flood elevations are not specified, they shall
be established in accordance with Section 1612.3.1 of the Florida Building Code.
107.3 Examination of documents. The building official shall examine or cause to be examined
the accompanying submittal documents and shall ascertain by such examinations whether the
construction indicated and described is in accordance with the requirements of this code and
other pertinent laws or ordinances.
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Exceptions:
1. Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state-
approved manufactured buildings are exempt from local codes enforcing agency plan reviews
except for provisions of the code relating to erection, assembly or construction at the site.
Erection, assembly (including utility crossover connections) and construction at the site are
subject to local permitting and inspections. Photocopies of plans approved according to FAC
9B-1.009, F.A.C., shall be sufficient for local permit application documents of record for the
modular building portion of the permitted project.
2. Industrial construction on sites where design, construction and fire safety are supervised
by appropriate licensed design and inspection professionals and which contain adequate in-house
fire departments and rescue squads is exempt, subject to approval of the building official, from
review of plans and inspections, providing the appropriate licensed design and inspection
professionals certify that applicable codes and standards have been met and supply appropriate
approved drawings to local building and fire-safety inspectors.
107.3.1 Approval of construction documents. When the building official issues a permit, the
construction documents shall be approved, in writing or by stamp, as "Reviewed for Code
Compliance." One set of construction documents so reviewed shall be retained by the building
official. The other set shall be returned to the applicant, shall be kept at the site of work and
shall be open to inspection by the building official or a duly authorized representative.
107.3.2 Previous approvals. This code shall not require changes in the construction
documents, construction or designated occupancy of a structure for which a lawful permit has
been heretofore issued or otherwise lawfully authorized, and the construction of which has been
pursued in good faith within 180 days after the effective date of this code and has not been
abandoned.
107.3.3 Phased approval. The building official is authorized to issue a permit for the
construction of foundations or any other part of a building of structure before the construction
documents for the whole building or structure have been submitted, provided that adequate
information and detailed statements have been filed complying with pertinent requirements of
this code. The holder of such permit for the foundation or other parts of a building or structure
shall proceed at the holder's own risk with the building operation and without assurance that a
permit for the entire structure will be granted.
107.3.4 Design professional in responsible charge.
107.3.4.1 General. When it is required that documents be prepared by a registered design
professional, the building official shall be authorized to require the owner to engage and
designate on the building permit application a registered design professional who shall act as the
registered design professional in responsible charge. If the circumstances require, the owner
shall designate a substitute registered design professional in responsible charge who shall
perform the duties required of the original registered design professional in responsible charge.
The building official shall be notified in writing by the owner if the registered design
professional in responsible in charge is changed or is unable to continue to perform the duties.
The registered design professional in responsible charge shall be responsible for reviewing and
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coordinating submittal documents prepared by others, including phased and deferred submittal
items, for compatibility with the design of the building.
107.3.4.2 Deferred submittals. For the purposes of this section, deferred submittals are defined
as those portions of the design that are not submitted at the time of the application and that are to
be submitted to the building official within a specified period. Deferral of any submittal items
shall have the prior approval of the building official. The registered design professional in
responsible charge shall list the deferred submittals on the construction documents for review by
the building official. Documents for deferred submittal items shall be submitted to the registered
design professional in responsible charge who shall review them and forward them to the
building official with a notation indicating that the deferred submittal documents have been
reviewed and found to be in general conformance to the design of the building. The deferred
submittal items shall not be installed until the deferred submittal documents have been approved
by the building official.
107.3.4.3 Certifications by contractors authorized under the provisions of Section 489.115(4)(b).,
Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person
licensed under Chapter 471, Florida Statutes, or Chapter 481, Florida Statutes, by local
enforcement agencies for plans review for permitting purposes relating to compliance with the
wind-resistance provisions of the code or alternate methodologies approved by the Florida
Building Commission for one and two family dwellings. Local enforcement agencies may rely
upon such certification by contractors that the plans and specifications submitted conform to the
requirements of the code for wind resistance. Upon good cause shown, local government code
enforcement agencies may accept or reject plans sealed by persons licensed under Chapter, 471,
481 or 489, Florida Statutes.
107.3.5 Minimum plan review criteria for buildings. The examination of the documents by
the building official shall include the following minimum criteria and documents: a floor plan;
site plan; foundation plan; floor/roof framing plan or truss layout; all fenestration penetrations;
flashing; and rough opening dimensions; and all exterior elevations
Commercial Buildings:
Building
1. Site requirements:
Parking
Fire access
Vehicle loading
Driving/turning radius
Fire hydrant/water supply/post indicator valve (PIV)
Set back/separation(assumed property lines)
Location of specific tanks, water lines and sewer lines
Flood hazard areas, flood zones, and design flood elevations
2. Occupancy group and special occupancy requirements shall be determined.
3. Minimum type of construction shall be determined (see Table 503).
4. Fire-resistant construction requirements shall include the following components;
Fire-resistant separations
Fire-resistant protection for type of construction
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Protection of openings and penetrations of rated walls
Fire blocking and draft stopping and calculated fire resistance
5. Fire suppression systems shall include:
Early warning smoke evacuation systems
Schematic fire sprinklers
Standpipes
Pre-engineered systems
Riser diagram
Same as above
6. Life safety systems shall be determined and shall include the following
requirements:
Occupant load and egress capacities
Early warning
Smoke control
Stair pressurization
Systems schematic
7. Occupancy load/egress requirements shall include:
Occupancy load
Gross
Net
Means of egress
Exit access
Exit
Exit discharge
Stairs construction/geometry and protection
Doors
Emergency lighting and exit signs
Specific occupancy requirements
Construction requirements
Horizontal exists/exit passageways
8. Structural requirements shall include:
Soil conditions/analysis
Termite protection
Design loads
Wind requirements
Building envelope
Impact resistant coverings or systems
Structural calculations (if required)
Foundation
Flood requirements in accordance with Section 1612, including lowest floor
elevations, enclosures, flood damage-resistant materials
Wall systems
Floor systems
Roof systems
Threshold inspection plan
Stair systems
9. Materials shall be reviewed and shall at a minimum include the following:
Wood
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Steel
Aluminum
Concrete
Plastic
Glass
Masonry
Gypsum board and plaster
Insulating (mechanical)
Roofing
Insulation
10. Accessibility requirements shall include the following:
Site requirements
Accessible route
Vertical accessibility
Toilet and bathing facilities
Drinking fountains
Equipment
Special occupancy requirements
Fair housing requirements
11. Interior requirements shall include the following:
Interior finishes (flame spread/smoke development)
Light and ventilation
Sanitation
12. Special systems:
Elevators
Escalators
Lifts
13. Swimming pools:
Barrier requirements
Spas
Wading pools
Electrical
1. Electrical:
Wiring
Services
Feeders and branch circuits
Over current protection
Grounding
Wiring methods and materials
GFCIs
2. Equipment
3. Special occupancies
4. Emergency systems
5. Communication systems
6. Low voltage
7. Load calculations
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8. Design flood elevation
Plumbing
1. Minimum plumbing facilities
2. Fixture requirements
3. Water supply piping
4. Sanitary drainage
5. Water heaters
6. Vents
7. Roof drainage
8. Back flow prevention
9. Irrigation
10. Location of water supply line
11. Grease traps
12. Environmental requirements
13. Plumbing riser
14. Design flood elevation
Mechanical
1. Energy calculations
2. Exhaust systems
3. Clothes dryer exhaust
4. Kitchen equipment exhaust
5. Specialty exhaust systems
6. Equipment
7. Equipment location
8. Make-up air
9. Roof-mounted equipment
10. Duct systems
11. Ventilation
12. Combustion air
13. Chimneys, fireplaces and vents
14. Appliances
15. Boilers
16. Refrigeration
17. Bathroom ventilation
18. Laboratory
19. Design flood elevation
Gas
1. Gas piping
2. Venting
3. Combustion air
4. Chimneys and vents
5. Appliances
6. Type of gas
7. Fireplaces
8. LP tank location
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9. Riser diagram/shutoffs
10. Design flood elevation
Demolition
1. Asbestos removal
Residential (one and two-family)
1. Site requirements
Set back/separation(assumed property lines)
2. Location of septic tanks
3. Fire-resistant construction(if required)
4. Fire
5. Smoke detector locations
6. Egress
Egress window size and location of stairs construction requirements
7. Structural requirements shall include:
Wall section from foundation through roof, including
assembly and materials connector tables wind requirements
structural calculations (if required)
Termite protection
Design loads
Wind requirements
Building envelope
Structural calculations (if required)
Foundation
Wall systems
Floor systems
Roof systems
8. Flood hazard areas, flood zones, design flood elevations, lowest floor elevations,
enclosures, equipment, and flood damage-resistant materials
9. Accessibility requirements: show/identify accessible bath
10. Impact resistant coverings or systems
11. Exemptions.
Plans examination by the building official shall not be required for the following
work:
1. Replacing existing equipment such as mechanical units, water heaters, etc.
2. Reroofs
3. Minor electrical, plumbing and mechanical repairs
4. Annual maintenance permits
5. Prototype plans
6. Except for local site adaption's, siding, foundations and/or modifications
7. Except for structures that require waiver
12. Manufactured buildings plan except for foundations and modifications of
buildings on site
1. Site requirements
Setback/separation(assumed property lines) location of septic tanks (if
applicable)
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2. Structural
Wind zone
Anchoring
Blocking
3. Plumbing
List potable water source and meter size (if applicable)
4. Mechanical
Exhaust systems
Clothes dryer exhaust
Kitchen equipment exhaust
5. Electrical
Exterior disconnect location
107.4 Amended construction documents. Work shall be installed in accordance with the
reviewed construction documents, and any changes made during construction that are not in
compliance with the reviewed construction documents shall be resubmitted for approval as an
amended set of construction documents.
107.5 Retention of construction documents. One set of approved construction documents
shall be retained by the building official for aperiod of not less than 180 days from the date of
completion of the permitted work,or as required by Florida Statutes.
107.6 Affidavits. The building official may accept a sworn affidavit from a registered architect
or engineer stating that the plans submitted conform to the technical codes. For buildings and
structures, the affidavit shall state that the plans conform to the laws as to egress, type of
construction and general arrangement and, if accompanied by drawings, show the structural
design and that the plans and design conform to the requirements of the technical codes as to
strength, stresses, strains, loads and stability. The building official may without any examination
or inspection accept such affidavit, provided the architect or engineer who made such affidavit
agrees to submit to the building official copies of inspection reports as inspections are performed
and upon completion of the structure, electrical, gas, mechanical or plumbing systems a
certification that the structure, electrical, gas, mechanical or plumbing system has been erected in
accordance with the requirements of the technical codes. Where the building official relies upon
such affidavit, the architect or engineer shall assume full responsibility for compliance with all
provisions of the technical codes and other pertinent laws or ordinances. The building official
shall ensure that any person conducting plans review is qualified as a plans examiner under Part
XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a
building inspector under Part XII of Chapter 468, Florida Statutes. (Exception: affidavits are
not allowed in a Special Flood Hazard Area)
107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the
requirements of federal regulation for participation in the National Flood Insurance Program (44
C.F.R. Sections 59 and 60), the authority granted to the Building Official to issue permits, to rely
on inspections, and to accept plans and construction documents on the basis of affidavits and
plans submitted pursuant to Section 105.14 and Section 107.6, shall not extend to the flood load
and flood resistance construction requirements of the Florida Building Code.
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SECTION 108 TEMPORARY STRUCTURES AND USES
108.1 General. The building official is authorized to issue a permit for temporary structures
and temporary uses. Such permits shall be limited as to time of service, but shall not be
permitted for more than 180 days. The building official is authorized to grant extensions for
demonstrated cause.
108.2 Conformance. Temporary structures and uses shall conform to the structural strength,
fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code
as necessary to ensure public health, safety and general welfare.
108.3 Temporary power. The building official is authorized to give permission to temporarily
supply and use power in part of an electric installation before such installation has been fully
completed and the final certificate of completion has been issued. The part covered by the
temporary certificate shall comply with the requirements specified for temporary lighting, heat or
power in Chapter 27 of the Florida Building Code, Building.
108.4 Termination of approval. The building official is authorized to terminate such permit
for a temporary structure or use and to order the temporary structure or use to be discontinued.
SECTION 109 FEES
109.1 Prescribed fees. A permit shall not be issued until fees authorized under Section 553.80,
Florida Statutes, have been paid. Nor shall an amendment to a permit be released until the
additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical,
plumbing, mechanical, or gas systems, has been paid.
109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and
plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as
required, in accordance with the schedule as established by the applicable governing authority.
109.2.1 Types of fees enumerated. Fees may be charged for but not limited to the following:
• Permits;
• Plans examination~
• Certificates of competency (including fees for applications, examinations, renewal, late
renewal, and reciprocity);
• Re-inspections;
• Administrative fees (including fees for investigative and legal costs incurred in the
context of certain disciplinary cases heard by the board);
• Variance requests;
• Administrative appeals;
• Violations; and
• Other fees as established by local resolution or ordinance.
109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit
value at time of application. Permit valuations shall include total value of work, including
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materials and labor, for which the permit is being issued, such as electrical, gas, mechanical,
plumbing equipment and permanent systems. If, in the opinion of the building official, the
valuation is underestimated on the application, the permit shall be denied, unless the applicant
can show detailed estimates to meet the approval of the building official. Final building permit
valuation shall be set by the building official.
109.4 Work commencing before permit issuance. Any person who commences any work on
a building, structure, electrical, gas, mechanical or plumbing system before obtaining the
building official's approval or the necessary permits shall be subject to a penalty of 100 percent
of the usual permit fee in addition to the required permit fees or as provided by local ordinance.
This provision shall not apply to emergency work when delay would clearly have placed life or
property in imminent danger. But in all such cases the required permit(s) must be applied for
within three (3) business days and any unreasonable delay in obtaining those permit(s) shall
result in the charge of a double fee. The payment of a double fee shall not preclude or be
deemed a substitute for prosecution for commencing work without first obtaining a permit. The
building official may grant extensions of time or waive fees when justifiable cause has been
demonstrated in writing.
109.5 Related fees. The payment of the fee for the construction, alteration, removal or
demolition for work done in connection to or concurrently with the work authorized by a
building permit shall not relieve the applicant or holder of the permit from the payment of other
fees that are prescribed by law.
SECTION 11 INSPECTIONS
110.1 General. Construction or work for which a permit is required shall be subject to
inspection by the building official and such construction or work shall remain accessible and
exposed for inspection purposes until approved. Approval as a result of an inspection shall not
be construed to be an approval of a violation of the provisions of this code or of other ordinances
of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of
this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the
permit applicant to cause the work to remain accessible and exposed for inspection purposes.
The building official shall be permitted to require a boundary line survey prepared by a qualified
surveyor whenever the boundary lines cannot be readily determined in the field. Neither the
building official nor the jurisdiction shall be liable for expense entailed in the removal or
replacement of any material required to allow inspection.
110.1.1 Manufacturers and fabricators. When deemed necessary by the building official, he
shall make, or cause to be made, an inspection of materials or assemblies at the point of
manufacture or fabrication. A record shall be made of every such examination and inspection
and of all violations of the technical codes.
110.1.2 Inspection service. The building official may make, or cause to be made, the
inspections required by Section 110 of the Florida Building Code. He or she may accept reports
of department inspectors, independent inspectors or of recognized inspection services, provided
that after investigation he/she is satisfied as to their licensure, qualifications and reliability. A
certificate required by any provision of this code shall not be based on such reports unless the
same are recorded by the building code inspector or the architect or engineer performing building
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code inspections in a manner specified by the building official. The building official shall ensure
that all persons making such inspections shall be certified in accordance to Chapter 468, Florida
Statues.
110.2 Preliminary inspection. Before issuing a permit, the building official is authorized to
examine or cause to be examined buildings, structures and sites for which an application has
been filed.
110.3 Required inspections. The building official, upon notification from the permit holder or
his or her agent shall make the following inspections, and such other inspections as deemed
necessary and shall either release that portion of the construction or shall notify the permit holder
or his or her agent of any violations which must be corrected in order to comply with the
technical codes. The building official shall determine the timing and sequencing of when
inspections occur and what elements are inspected at each inspection.
Building:
1. Foundation inspection. Footing and foundation inspections shall be made after
excavations for footings are complete and any required reinforcing steel is in place. For concrete
foundations, any required forms shall be in place prior to inspection. Materials for the
foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM
C 94, the concrete need not be on the job and shall at a minimum include the following building
components:
• Stem-wall
• Monolithic slab-on-grade
• Piling/pile caps
• Footers/grade beams
1.1. Slab Inspection: Concrete slab and under-floor inspections shall be made after in-slab or
under-floor reinforcing steel and building service equipment, conduit, piping accessories and
other ancillary equipment items are in place, but before any concrete is placed or floor sheathing
installed, including the subfloor.
A foundation/Form board survey prepared and certified by a registered surveyor may be
required, prior to approval of the slab inspection. The survey shall certify placement of the
building on the site, illustrate all surrounding setback dimensions and shall be available at the job
site for review by the building inspector. In lieu of providing a survey, the contractor may elect
to uncover all property line markers and string-up all property lines in preparation for inspection.
1.2. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to
further vertical construction, the elevation certification required in Section 1612.5 of the Florida
Building Code, shall be submitted to the building official.
2. Framing inspection. Framing inspections shall be made after the roof deck or sheathing, all
framing, fireblocking and bracing are inplace and pipes, chimneys and vents to be concealed are
complete and the rough electrical, plumbing, heating wires,pipes and ducts are approved, and
shall at a minimum include the following building components:
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• Window/door framing and installation
• Vertical cells/columns
• Lintel/tie beams
• Framing/trusses/bracing/connectors (including truss layout & Engineered drawings)
• Draft stopping/fire blocking
• Curtain wall framing
• Energy insulation
• Accessibility
• Verify rough opening dimensions are within tolerances
• Window/door buck attachment
2.1. Insulation Inspection: To be made after the framing inspection is approved and the
insulation is in place.
2.2. Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after
lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied
or gypsum board joints and fasteners are taped and finished.
Exception: Gypsum board that is not part of a fire-resistance- rated assembly or a shear
assembly.
3. Sheathing inspection. To be made either as part of a dry-in inspection or done separately at
the request of the contractor after all roof and wall sheathing and fasteners are complete and shall
at a minimum include the following building components:
• Roof sheathing
• Wall sheathing
• Sheathing fasteners
• Roof/wall dry-in
• Sheathing/cladding inspection
NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners)
shall be removed and properly reinstalled prior to installation of the dry-in material.
4. Roofing inspection. To be made as a minimum of two inspections and shall include the
following building components:
• Dry-in
• Insulation
• Roof coverings (including In Progress as necessary)
• Flashing
• Final
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5. Final inspection. To be made after the building is completed and ready for occupancy.
5.1. Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including
the basement, and prior to further vertical construction, the elevation certification required in
Section 1612.5 of the Florida Building Code shall be submitted to the building official.
6. Swimming pool inspection.
First inspection to be made after excavation and installation of reinforcing steel, bonding and
main drain and prior to placing of concrete shell.
Underground electric inspection.
Underground piping inspection including a pressure test
Deck inspection: to be made prior to installation of the deck material (with forms, deck drains,
and any reinforcement in place
Safety Inspection; Made prior to filling the pool with the bonding connections made, the proper
drain covers installed and the final barriers installed.
Final inspection to be made when the swimming pool is complete and all required enclosure
requirements are in place. In order to pass final inspection and receive a certificate of
completion, a residential swimming pool must meet the requirements relating to pool safety
features as described in Section 424.2.17 of the Florida Building Code.
7. Demolition inspections.
First inspection to be made after all utility connections have been disconnected and secured in
such manner that no unsafe or unsanitary conditions shall exist during or after demolition
operations.
Final inspection to be made after all demolition work is completed.
8. Manufactured building inspections.
The building department shall inspect construction of foundations; connecting buildings to
foundations; installation of parts identified on plans as site installed items,joining the modules,
including utility crossovers; utility connections from the building to utility lines on site; and any
other work done on site which requires compliance with the Florida Building Code. Additional
inspections may be required for public educational facilities (see Section 423.27.20 of the
Florida Building Code).
9. Where impact resistant coverings or impact resistant systems are the building official shall
schedule adequate inspections of impact resistant coverings or impact resistant systems to
determine the following:
The system indicated on the plans was installed. The system is installed in accordance
with the manufacturer's installation instructions and the product approval.
Electrical
1. Underground inspection. To be made after trenches or ditches are excavated, conduit or cable
installed, and before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framingifireblocking and bracing is in place
and prior to the installation of wall or ceiling membranes.
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3. Final inspection. To be made after the building is complete, all required electrical fixtures are
in place and properly connected or protected, and the structure is ready for occupancy.
Plumbing
1. Underground inspection. To be made after trenches or ditches are excavated, piping installed,
and before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place
and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling
membranes.
3. Final inspection. To be made after the building is complete, all plumbing fixtures are in place
and properly connected, and the structure is ready for occupancy.
Note: See Section P312 of the Florida Building Code, Plumbing for required tests.
Mechanical
1. Underground inspection. To be made after trenches or ditches are excavated, underground
duct and fuel piping installed, and before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, fire blocking and bracing are in
place and all ducting, and other concealed components are complete, and prior to the installation
of wall or ceiling membranes.
3. Final inspection. To be made after the building is complete, the mechanical system is in place
and properly connected, and the structure is ready for occupancy.
Gas
1. Rough piping inspection. To be made after all new piping authorized by the permit has been
installed, and before any such piping has been covered or concealed or any fixtures or gas
appliances have been connected.
2. Final piping inspection. To be made after all piping authorized by the permit has been
installed and after all portions which are to be concealed by plastering or otherwise have been so
concealed, and before any fixtures or gas appliances have been connected. This inspection shall
include a pressure test.
3. Final inspection. To be made on all new gas work authorized by the permit and such portions
of existing systems as may be affected by new work or any changes, to ensure compliance with
all the requirements of this code and to assure that the installation and construction of the gas
system is in accordance with reviewed plans.
Site Debris
1. The contractor and/or owner of any active or inactive construction project shall be responsible
for the clean-up and removal of all construction debris or any other miscellaneous discarded
articles prior to receiving_final inspection approval. Construction job sites must be kept clean.
2. All debris shall be kept in such a manner as toprevent it from being spread by any means.
110.3.3 Reinforcing steel and structural frames. Reinforcing steel or structural frame work
of any part of any building or structure shall not be covered or concealed without first obtaining
a release from the building official.
110.3.4 Termites. Building components and building surroundings required to be protected
from termite damage in accordance with Section 1503.6, Section 2304.13 or Section 2304.11.6
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of the Florida Building Code, specifically required to be inspected for termites in accordance
with Section 2114 of the Florida Building Code, or required to have chemical soil treatment in
accordance with Section 1816 of the Florida Building Code shall not be covered or concealed
until the release from the building official has been received.
110.3.5 Shoring. For threshold buildings, shoring and associated formwork or falsework shall
be designed and inspected by a Florida licensed professional engineer, employed by the permit
holder or subcontractor, prior to any required mandatory inspections by the threshold building
inspector.
110.3.7 Threshold building.
110.3.7.1 The enforcing agency shall require a special inspector to perform structural
inspections on a threshold building pursuant to a structural inspection plan prepared by the
engineer or architect of record. The structural inspection plan must be submitted to the enforcing
agency prior to the issuance of a building permit for the construction of a threshold building.
The purpose of the structural inspection plans is to provide specific inspection procedures and
schedules so that the building can be adequately inspected for compliance with the permitted
documents. The special inspector may not serve as a surrogate in carrying out the
responsibilities of the building official, the architect, or the engineer of record. The contractor's
contractual or statutory obligations are not relieved by any action of the special inspector.
110.3.7.2 The special inspector shall determine that a professional engineer who specializes in
shoring design has inspected the shoring and reshoring for conformance with the shoring and
reshoring plans submitted to the enforcing agency. A fee simple title owner of a building, which
does not meet the minimum size, height, occupancy, occupancy classification, or number-of-
stories criteria which would result in classification as a threshold building under s. 553.71(7),
Florida Statutes, may designate such building as a threshold building, subject to more than the
minimum number of inspections required by the Florida Building Code.
110.3.7.3 The fee owner of a threshold building shall select and pay all costs of employing a
special inspector, but the special inspector shall be responsible to the enforcement agency. The
inspector shall be a person certified, licensed or registered under Chapter 471, Florida Statutes,
as an engineer or under Chapter 481, Florida Statutes, as an architect.
110.3.7.4 Each enforcement agency shall require that, on every threshold building:
110.3.7.4.1 The special inspector, upon completion of the building andprior to the issuance of a
certificate of occupancy, file a signed and sealed statement with the enforcement agency in
substantially the following form: "To the best of my knowledge and belief, the above described
construction of all structural load-bearing components complies with the permitted documents,
and the shoring and reshoring conforms to the shoring and reshoring plans submitted to the
enforcement agency."
110.3.7.4.2 Any proposal to install an alternate structural product or system to which building
codes apply be submitted to the enforcement agency for review for compliance with the codes
and made part of the enforcement agency's recorded set of permit documents.
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110.3.7.4.3 All shoring and reshoring procedures, plans and details be submitted to the
enforcement agency for recordkeeping. Each shoring and reshoring installation shall be
supervised, inspected and certified to be in compliance with the shoring documents by the
contractor.
110.3.7.4.4 All plans for the building which are required to be signed and sealed by the architect
or engineer of record contain a statement that, to the best of the architect's or engineer's
knowledge,the plans and specifications comply with the applicable minimum building codes and
the applicable fire-safety standards as determined by the local authority in accordance with this
section and Chapter 633, Florida Statutes.
110.3.7.5 No enforcing agency may issue a building permit for construction of any threshold
building except to a licensed general contractor, as defined in Section 489.105(3)(a), Florida
Statutes, or to a licensed building contractor, as defined in Section 489.105(3)(b), Florida
Statutes, within the scope of her or his license. The named contractor to whom the building
permit is issued shall have the responsibility for supervision, direction, management and control
of the construction activities on the project for which the building permit was issued.
110.3.7.6 The building department may allow a special inspector to conduct the minimum
structural inspection of threshold buildings required by this code, Section 553.73, Florida
Statutes, without duplicative inspection by the building department. The building official is
responsible for ensuring that any person conducting inspections is qualified as a building
inspector under Part XII of Chapter 468, Florida Statutes, or certified as a special inspector under
Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section
553.79(5), Florida Statutes, are in addition to the minimum inspections required by this code.
110.3.9 Special inspections. Reserved.
110.3.10 Final inspection. The final inspection shall be made after all work required by the
building permit is completed.
110.4 Inspection agencies. The building official is authorized to accept reports of approved
inspection agencies, provided such agencies satisfy the requirements as to qualifications and
reliability.
110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly
authorized agent to notify the building official when work is ready for inspection. It shall be the
duty of the permit holder to provide access to and means for inspections of such work that are
required by this code.
110.6 Approval required. Work shall not be done beyond the point indicated in each
successive inspection without first obtaining the approval of the building official. The building
official, upon notification, shall make the requested inspections and shall either indicate the
portion of the construction that is satisfactory as completed, or notify the permit holder or his or
her agent wherein the same fails to comply with this code. Anyportions that do not comply shall
be corrected and such portion shall not be covered or concealed until authorized by the building
official.
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SECTION 111 CERTIFICATE OF OCCUPANCY AND COMPLETION
111.1 Use and occupancy. No building or structure shall be used or occupied, and no change in
the existing occupancy classification of a building or structure or portion thereof shall be made,
until the building official has issued a certificate of occupancy therefore as provided herein.
Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the
provisions of this code or of other ordinances of the jurisdiction.
Exception: Certifications of occupancy are not required for work exempt from permits under
Section 105.2.
111.2 Certificate issued. After the building official inspects the building or structure and finds
no violations of the provisions of this code or other laws that are enforced by the department of
building safety the building official shall issue a certificate of occupancy that contains the
following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner.
4. A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for compliance with
the requirements of this code for the occupancy and division of occupancy and the use for which
the proposed occupancy is classified.
6. For buildings and structures in flood hazard areas, a statement that documentation of the as-
built lowest floor elevation has been provided and is retained in the records of the department of
building safety.
7. The name of the building official.
8. The edition of the code under which the permit was issued.
9. The use and occupancy, in accordance with the provisions of Chapter 3 of the Florida
Building Code.
10. The type of construction as defined in Chapter 6 of the Florida Building Code.
11. The design occupant load.
12. If an automatic sprinkler system is provided, whether the sprinkler system is required.
13. Any special stipulations and conditions of the building permit.
111.3 Temporary occupancy. The building official is authorized to issue a temporary
certificate of occupancy before the completion of the entire work covered by the permit,
provided that such portion or portions shall be occupied safely. The building official shall set a
time period during which the temporary certificate of occupancy is valid.
111.4 Certificate of Completion. A Certificate of Completion is proof that a structure or
system is complete and for certain types of permits is released for use and may be connected to a
utility system. This certificate does not grant authority to occupy a building, such as shell
building, prior to the issuance of a Certificate of Occupancy.
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111.5 Revocation. The building official is authorized to, in writing, suspend or revoke a
certificate of occupancy or completion issued under the provisions of this code wherever the
certificate is issued in error, or on the basis of incorrect information supplied, or where it is
determined that the building or structure or portion thereof is in violation of any ordinance or
regulation or any of the provisions of this code.
SECTION 112 SERVICE UTILITIES
112.1 Connection of service utilities. No person shall make connections from a utility, source
of energy, fuel or power to any building or system that is regulated by this code for which a
permit is required, until released by the building official.
112.2 Temporary connection. The building official shall have the authority to authorize the
temporary connection of the building or system to the utility source of energy, fuel or power.
112.3 Authority to disconnect service utilities. The building official shall have the authority
to authorize disconnection of utility service to the building, structure or system regulated by this
code and the referenced codes and standards set forth in Section 101.4 in case of emergency
where necessary to eliminate an immediate hazard to life or property or when such utility
connection has been made without the approval required by Section 112.1 or 112.2. The building
official shall notify the serving utility, and wherever possible the owner and occupant of the
building, structure or service system of the decision to disconnect prior to taking such action. If
not notified prior to disconnecting, the owner or occupant of the building, structure or service
system shall be notified in writing, as soon as practical thereafter.
SECTION 113 CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS.
NOTE: This section was previously found in Chapter 7 of the Code of
Ordinances and listed as Section 108 Construction Board of Adjustment and
Appeals.
113.1 Appointment. There shall be established a board to be called the Construction Board of
Adjustment and Appeals (CAA) with members of the board being appointed by the City Council.
113.2 Membership and terms.
Membership and terms shall be pursuant to the current by-laws of the Board as adopted by City
Council.
113.3 Powers. The Construction Board Adjustments and Appeals shall have the power
further defined in 108.4, to hear appeals of decisions and interpretations of the building official
and consider variances of the technical codes.
113.4 Appeals.
113.4.1 Decision of the building official. The owner of a building, structure or
service system, or his duly authorized agent, may appeal a decision of the building
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official to the Construction Board of Adjustment and Appeals whenever any one of the
following conditions are claimed to exist:
1. The building official rejected or refused to approve the mode or manner of
construction proposed to be followed or materials to be used in the installation or
alteration of a building, structure or service system.
2. The provisions of this code do not apply to this specific case.
3. That an equally good or more desirable form of installation can be employed in
any specific case.
4. The true intent and meaning of this code or any of the regulations there under
have been misconstrued or incorrectly interpreted.
113.4.2 Variances. The Construction Board of Adjustments and Appeals, when so
appealed to and after a hearing, may vary the application of any provision of this code to
any particular case when, in its opinion, the enforcement thereof would do manifest
injustice and would be contrary to the spirit and purpose of this or the technical codes or
public interest, and also finds all of the following:
1. That special conditions and circumstances exist which are peculiar to the building.,
structure or service system involved and which are not applicable to others.
2. That the special conditions and circumstances do not result from the action or
inaction of the applicant.
3. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this code to other buildings, structures or service system.
4. That the variance granted is the minimum variance that will make possible the
reasonable use of the building, structure or service system.
5. That the grant of the variance will be in harmony with the general intent and
purpose of this code and will not be detrimental to the public health, safety and
general welfare.
113.4.2.1 Conditions of the variance. In granting the variance, the board may
prescribe a reasonable time limit within which the action for which the variance is
required shall be commenced or completed or both. In addition, the board may prescribe
appropriate conditions and safeguards in conformity with this code. Violation of the
conditions of a variance shall be deemed a violation of this code.
113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30
calendar days after the decision is rendered by the building official. Appeals shall be in a
form acceptable to the building official. Appeals relating to provisions of the Florida
Building Code, other than local amendments, may be appealed to the Florida Building
Commission, pursuant to section 120.569, Florida Statutes, regarding the local
governments action. Notice of Administrative Rights may be obtained from the local
building department.
113.4.4 Unsafe or dangerous buildings or service systems. In the case of a
building, structure or service system which, in the opinion of the building official, is
unsafe, unsanitary or dangerous, the building official may, in his order, limit the time for
such appeals to a shorter period.
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113.5 Procedures of the board.
113.5.1 Rules and regulations. The board shall establish rules and regulations for
its own procedure not consistent with the provisions of this code. The board shall meet
on call of the chairman. The board shall meet within 30 calendar days after notice of
appeal has been received.
113.5.2 Decisions. The Construction Board of Adjustment and Appeals shall, in
every case, reach a decision without unreasonable or unnecessary delay. Each decision
of the board shall also include the reasons for the decision. If a decision of the board
reverses or modifies a refusal, order or disallowance of the building official or varies the
application of any provision of this code, the building official shall immediately take
action in accordance with such decision. Every decision shall be promptly filed in
writing in the office of the building official and shall be open to public inspection. A
certified copy of the decision shall be sent by mail or otherwise to the appellant and a
copy shall be kept publicly posted in the office of the building official for two weeks after
filing. Every decision of the board shall be final, subject however to such remedy as any
aggrieved party might have at law or in equity.
SECTION 114 VIOLATIONS
114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct,
alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment
regulated by this code, or cause same to be done, in conflict with or in violation of any of the
provisions of this code.
114.2 Notice of violation. The building official is authorized to serve a notice of violation or
order on the person responsible for the erection, construction, alteration, extension, repair,
moving, removal, demolition or occupancy of a building or structure in violation of the
provisions of this code, or in violation of a permit or certificate issued under the provisions of
this code. Such order shall direct the discontinuance of the illegal action or condition and the
abatement of the violation.
114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the
building official is authorized to request the legal counsel of the jurisdiction to institute the
appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to
require the removal or termination of the unlawful occupancy of the building or structure in
violation of the provisions of this code or of the order or direction made pursuant thereto.
114.4 Violation penalties. Any person who violates a provision of this code or fails to comply
with any of the requirements thereof or who erects, constructs, alters or repairs a building or
structure in violation of the approved construction documents or directive of the building official,
or of a permit or certificate issued under theprovisions of this code, shall be subject to penalties
as prescribed by law.
SECTION 115 STOP WORK ORDER
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115.1 Authority. Whenever the building official finds any work regulated by this code being
performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the
building official is authorized to issue a stop work order.
115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the
.ro.ert involved or to the owner's a.ent or to the .erson doin. the work. U.on issuance of a
stop work order, the cited work shall immediately cease. The stop work order shall state the
reason for the order, and the conditions under which the cited work will be permitted to resume.
115.3 Unlawful continuance. Any person who shall continue any work after having been
served with a stop work order, except such work as that person is directed to perform to remove
a violation or unsafe condition, shall be subject to penalties as prescribed by law.
SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT
Pursuant to the requirements as contained in Chapter 10, Article XI (Unsafe or unsanitary
buildings) of the Code of Ordinances.
SECTION 117 VARIANCES IN FLOOD HAZARD AREAS
117.1 Flood hazard areas. Pursuant to section 553.73(5), F.S., the variance procedures
adopted in the local floodplain management ordinance shall apply to requests submitted to the
Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code,
Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential.
This section shall not apply to Section 3109 of the Florida Building Code, Building.
SECTION R322 FLOOD RESISTANT CONSTRUCTION
Florida Building Code Residential
R322.2.1 Elevation requirements.
1. Buildings and structures in flood hazard areas not designated as Coastal A Zones
shall have the lowest floors elevated to or above the base flood elevation plus 1 foot or the design
flood elevation, whichever is higher.
2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall
have the lowest floors elevated to or above the base flood elevation plus 1 foot (305 mm), or to
the design flood elevation, whichever is higher.
3. In areas of shallow flooding (AO Zones), buildings and structures shall have the
lowest floor (including basement) elevated at least as high above the highest adjacent grade as
the depth number specified in feet on the FIRM plus 1 foot, or at least 3 feet 2 f et (6'0 tut` if a
depth number is not specified.
4. Basement floors that are below grade on all sides shall be elevated to or above the
base flood elevation plus 1 foot or the design flood elevation, whichever is higher.
Exception: Enclosed areas below the design flood elevation, including basements whose floors
are not below grade on all sides, shall meet the requirements of Section R322.2.2 of the Florida
Building Code, Residential.
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Secs. 7-2 - 7-10. Reserved.
ARTICLES II—VIII. RESERVED
Secs. 7-11 —7-319. Reserved
ARTICLE IX. SWIMMING POOLS
Article IX. SWIMMING POOLS is hereby repealed as follows:
them:
owner, operator or lessee thereof and his family, and by guests invited to use it without charge or
payment of any fee.
Swimming pool. A body of water in an artificial or semipublic, or private swimming or
other water related recreational activities by adults and/or children, whether or not any charge or
fee is imposed upon such adults or children, operated and maintained by any person, and shall
and intended for the operation and maintenance of a swimming pool. This definition shall
include whirlpools, spas, and hot tubs unless separately identified.
Wading pool: Any pool with a surface area of less than 250 square feet and less than 24•inches in depth at any point. Wading pools sh - - • • .•
(a) Application: Before the erection, construction or alteration of any swimming pool is
complete plans and specifications of the pool, including plot plans of lot showing distance
between buildings or structures and from all property lines.
Sec. 7 322. Same Fees.
Permit fees shall be computed as follows:
III
$3.00 per $1,000.00 or fraction thereof.
$15.00 for the first $15,000.00 plus $2.00 for ch additional $1,000.00 or fraction thereof.
•
(a) General: All swimming pools whether constructed of reinforced concrete, pneumatic
requirements of the local building code and accepted engineering principles.
(b) Masonry construction:
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(1) Footings shall be a minimum eight inches by 12 inches or in cross section or, an
be 3,000 psi concrete, minimum.
(2) Floors shall be enforced concrete, a minimum of four inches thick with a
minimum of two inch top and bottom cover for steel and shall be reinforced with three eighths
inch bars at 24 inch center to center each way, or an equivalent steel area with bar spacing not to
(3) All voids of masonry units that contain reinforced steel shall be filled solid with
"pea rock concrete" which will attain a minimum compressive strength of 3,000 psi in 28 days
and shall be reinforced with three eighths inch bars, 12 inches on center vertically and every
official.
(1) All plans and specifications shall be submitted for above ground pools and shall
be approved by the city.
Sec. 7 324. Location.
(a) Front yard and side corner yard swimming pools are prohibited.
(b) No swimming pools s hall be constructed closer than five feet from any building and five
feet from any easement, or ten feet from any property line.
Se 7 32-5 Enclosures.
(a) All swimming pools unless entirely screened in shall be completed enclosed with a fence
All gates or doors providing access to pool area shall be equipped with a self closing and self
latching device installed on the pool side for keeping the gates or doors securely closed at all
times when the pool area is not in actual use, except that the door of any dwelling which forms a
(b) All whirlpools, spas or hot tubs unless entirely sc - . • • .. - • • - .
cover shall be completely enclosed with a fence or wall at least four feet high and so constructed
as to not be readily climbable by small children.
.
All swimming pools shall be equipped with a filtering and recirculation system and such
systems shall be approved by the county health authority.
water's edge unless by special permission of the building official.
Sec 7 328. Plumbing.
When plumbing is connected to city service for water supply, all plumbing shall be in
strict accordance with local plumbing code. When water i . .. . . . . . - •. •
connected service to family pools, plastic pipe stamped and approved 100 by ASTM laboratory
may be accepted if inspected and approved by plumbing inspector.
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Sec. 7 329. Water supply.
(b) Water inlets shall be spaced around the periphery of the pool to provide uniform
Outlets shall be located in the deepest section of the bottom to facilitate good circulation through
k
Sec. 7 330. Discharge water.
Water being discharged from the pool or from the back flushing of the filtering system
other approved method by the city. Discharge water may not be discharged into a sanitary or
combined sewer.
Sec. 7 331. Rim height.
ground level and in all cases sufficiently high to prevent groundwater from flowing into pool.
Sec. 7 332. Walkway.
A walkway of concrete or other approved materials shall completely surround all
swimming pools from the overflow rim outward a distance of at least three feet and shall be so
designed that water cannot drain from the walkway into the pool.
• A beam overflow skimmer shall be required and be designed so that debris caught in it
All requirements of chapter 10D 5 of the state administrative code are adopted as part of
this article.
Sees. 7 335 7 339. Reserved.
ARTICLES IX,X,XI AND XII ARE HEREBY RESERVED
Secs. 7-320—7-375. Reserved
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