4350 Fla Building Code 5th EditionOrdinance No. 4350
An ordinance of the City of Sanford, Florida, repealing Section 18 -2 of
the City of Sanford Code of Ordinances regarding building codes,
replacing said sections with the current provisions of the Florida
Building Code as amended herein; adopting certain administrative
amendments to Chapter 1 of the Florida Building Code, 5th Edition
(2014); providing for a savings provision; providing for legislative
findings and intent; providing for implementing administrative actions
and fees; providing for enforcement and penalties; providing for
conflicts; providing for codification and correction of scrivener's
errors; providing for severability; and providing an effective date.
Whereas, the City of Sanford, Florida functions as a local government under the
Florida Building Code and related laws, rules and regulations relative to the building and
construction activities occurring within the City of Sanford; and
Whereas, the Florida Building Code, 5TH Edition (2014) is based on the
International Building Code with amendments where necessary for Florida's specific
needs, the Florida Building Code incorporates all building construction - related regulations
for public and private buildings in the State of Florida other than those specifically
exempted by Section 553.73, Florida Statutes; and
Whereas, the Florida Building Code has been harmonized with the Florida Fire
Prevention Code, which is developed and maintained by the Department of Financial
Services, Office of the State Fire Marshal, to establish unified and consistent standards;
and
Whereas, the 1998 Florida Legislature amended Chapter 553, Florida Statutes,
Building Construction Standards, to create a single State building Code of broad and
uniform application that is mandated to be enforced by all local governments; and
Whereas, as of March 1, 2002, the Florida Building Code supersedes all local
building Codes and the Florida Building Code is developed and maintained by the
Florida Building Commission and is updated every three (3) years and may be amended
annually to incorporate interpretations and clarifications; and
Whereas, Section 553.73, Florida Statutes, mandates the use of the current
version of the Florida Building Code and Subsection (6) states "[t]he initial adoption of,
and any subsequent update or amendment to, the Florida Building Code by the
commission is deemed adopted for use statewide without adoptions by local
government" (emphasis added); and
Whereas, pursuant to Section 553.73, Florida Statutes, the City Commission
may adopt amendments to the administrative provisions of the Florida Building Code,
subject to the limitations of said statute; and
Whereas, the City of Sanford desires to facilitate the enforcement of the Florida
Building Code by enacting administrative amendments which meet the needs of its
citizens; and
Whereas, such amendments must be transmitted to the Florida Building
Commission within thirty (30) days after enactment; and
Whereas, the City of Sanford has complied with all requirements and procedures
of Florida law in processing and advertising this Ordinance; and
Whereas, this Ordinance is consistent with the goals, objectives and policies of
the City of Sanford Comprehensive Plan; and
Whereas, the Florida Legislature deems that the Florida Building Code be
adopted modified, updated, interpreted, and maintained by the Florida Building
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Commission and enforced by authorized state and local government enforcement
agencies; and
Whereas, the Florida Legislature deems that local governments shall have the
power to inspect all buildings, structures and facilities within their jurisdictions for the
protection of the public health, safety and general welfare and the enforcement of the
Florida Building Code is the responsibility of local governments; and
Whereas, all entities authorized to enforce the Florida Building Code pursuant to
Chapter 553.80, Florida Statutes, shall comply with applicable standards for issuance of
mandatory certificates of occupancy, minimum types of construction and procedures for
plans review and inspections as established by the Florida Building Commission by rule;
and
Whereas, the City of Sanford actively participates in the enforcement of building
construction regulation for the benefit of the public safety and general welfare of its
citizens.
Now, therefore, be in enacted by the People of the City of Sanford, Florida:
Section 1. Legislative Findings and Intent. A new section of the Code
of Ordinances of the City of Sanford is created to read as follows:
(a). The City staff report and City Commission agenda memorandum relating to
this matter as if fully set forth herein.
(b).The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(c).The foregoing recitals are adopted as the legislative findings and intent
relative to the enactment of this Ordinance.
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SECTION 2. RECOGNITION OF EFFECTIVENESS OF FLORIDA BUILDING
CODE WITHIN CITY. The City Commission of the City of Sanford hereby acknowledges
the provisions of Section 553.73(6), Florida Statutes, which provide as follows and
creates and new section of the City of Sanford Code of Ordinances:
Section 553.73(6), Florida Statutes, reads as follows and is recognized as binding within
the City of Sanford:
The initial adoption of, and any subsequent update or amendment to, the
Florida Building Code by the commission is deemed adopted for use
statewide without adoptions by local government. 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.
Thus, the Florida Building Code is in effect within the City of Sanford.
SECTION 3. REPEALER. The City Commission of the City of Sanford hereby
repeals Section 18-2 of the City of Sanford Code of Ordinances and revises and
reenacts said provision as set forth in Section 4 of this Ordinance.
SECTION 4. ADMINISTRATIVE AMENDMENTS TO OF FLORIDA BUILDING
CODE BY CITY. The following sections of the Florida Building Code are hereby
adopted, as revised herein, by the City of Sanford and within the City of Sanford Code
of Ordinances with underlined type constituting additions to the original text, and
strikethroug-k type constituting deletions to the original text, but with the entirety of the
administrative provisions being set forth for the sake of clarity and for the benefit of the
reader/user:
CHAPTER 18: BUILDINGS AND BUILDING REGULATIONS
Article I. IN GENERAL
Section 18-2. Amendments to Florida Building Code.
IN a F-11 •
SCOPE AND ADMINISTRATION
PART 1—SCOPE AND APPLICATION
SECTION 101
GENERAL
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ZD
101.1 Title. These regulations shall be known as the Florida Building Code hereinafter
referred to as "this Code."
101.2 Scope. The provisions of this Code shall apply to the construction, alteration,
relocation, enlargement, replacement, repair, equipment, use and occupancy, location,
maintenance, removal and demolition of every building or structure or any
appurtenances connected or attached to such buildings or structures.
Exception:
1. Detached one- and two-family dwellings and multiple single-family dwellings
(townhouses) not more than three stories above grade plane in height with a
separate means of egress and their accessory structures shall comply with the
Florida Building Code, Residential.
2. Existing buildings undergoing repair, alterations or additions and change of
occupancy shall comply with Chapter 34 of this Code.
101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically
adopted.
101.2.2 Florida Building Code, Residential.
Construction standards or practices which are not covered by the Florida Building Code,
Residential volume shall be in accordance with the provisions of the 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
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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 or City code enforcement activities except as it relates to the
purposes stated herein.
101.3.2 Warranty and Liability. The permitting plan review or inspection of any
building, system or plan by the City, under the requirements of this Code shall not be
construed in any court as a warranty of the physical condition of such building system
or plan or their adequacy. The City shall not be liable in tort for damages or hazardous
or illegal condition or inadequacy in such building system or plan nor for any failure of
any component of such which may occur subsequent to such inspection or permitting
Further, no building department employee shall be liable in tort for damages from such
conditions, in accordance with Section 768.28(9) (a) Florida Statutes as may be
amended.
101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 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.
101.4.1 Gas. The provisions of the Florida Building Code, Fuel Gas shall apply to the
installation of gas piping from the point of delivery, gas appliances and related
accessories as covered in this Code. These requirements apply to gas piping systems
extending from the point of delivery to the inlet connections of appliances and the
installation and operation of residential and commercial gas appliances and related
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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.
101.4.4 Property maintenance. Reserved.
101.4.5 Fire prevention. For provisions related to fire prevention, refer to the Florida
Fire Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting
or relating to structures, processes and premises from the hazard of fire and explosion
arising from the storage, handling or use of structures, materials or devices; from
conditions hazardous to life, property or public welfare in the occupancy of structures or
premises; and from the construction, extension, repair, alteration or removal of fire
suppression 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 the Florida
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Building Code, Accessibility.
101.4.8 Manufactured buildings. For additional administrative and special code
requirements, see section 458, Florida Building Code, Building, and Rule 61-41 Florida
Administrative Code.
101.4.9 Electrical. The provisions of the 2011 National Electric Code (NFPA 70) shall
govern the installation, alteration, repairs and replacement of all electrical systems and
its components.
SECTION 102
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.
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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:
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 11 (Section 553.501- 553.513, Florida Statutes) relating to accessibility by
persons with disabilities shall apply to such mobile or modular structures. And
permits shall be required for structural support and tie down electric supply and all
other such utility connections to such mobile or modular structures
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.
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g) Temporary sets, assemblies, or structures used in commercial motion picture or
television production, or any sound-recording equipment used in such production, on
or off the premises.
h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole
Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided
wooden but that has a thatched roof of palm or palmetto or other traditional
materials, and that does not incorporate any electrical, plumbing, or other non-wood
features.
i) Family mausoleums not exceeding 250 square feet 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 provided by the Department of Corrections to any prisoner in the
state correctional system.
k) A building or structure having less than 1,000 square feet which is constructed and
owned by a natural person for hunting and which is repaired or reconstructed to the
same dimension and condition as existed on January 1, 2011, if the building or
structure:
1. Is not rented or leased or used as a principal residence;
2. Is not located within the 100-year floodplain according to the Federal Emergency
Management Agency's current Floor Insurance Rate Map; and
3. Is not connected to an off-site electric power or water supply.
102.2.1 In addition to the requirements of Section 553.79 and 553.80, Florida Statutes,
facilities subject to the provisions of Chapter 395, Florida Statutes, and Part 11 of
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Chapter 400, Florida Statutes, shall have facility plans reviewed and construction
surveyed by the state agency authorized to do so under the requirements of Chapter
395, Florida Statutes, and Part 11 of Chapter 400, Florida Statutes, and the certification
requirements of the federal government.
102.2.2 Resklential buildings or structures intended for residential uses moved into or
within a county or municipality shall not be required to be brought into compliance with
the state minimum building code in force at the time the building or structure is moved,
provided:
1. The building or structure is structurally sound, meeting the wind speed requirements
of the new location, and is in occupiable condition for its intended use;
2. The occupancy use classification for the building or structure is not changed as a
result of the move;
3. The building is not substantially remodeled;
4. Current fire code requirements for ingress and egress are met;
5. Electrical, gas and plumbing systems meet the codes in force at the time of
construction and are operational and safe for reconnection; and
6. Foundation plans are sealed by a professional engineer or architect licensed to
practice in this state, if required by the Flefida 90ding Code, 90ding applicable
Florida Statutes for all fesklential buildings or structures of the same occupancy
class.
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
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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 City jurisdiGtiGn 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 Each enforcement district shall be governed by a board, the composition of
which shall be determined by the affected localities.
1. At its own option, each enforcement district or local enforcement agency may
promulgate rules granting to the owner of a single-family residence one or more
exemptions from the Florida Building Code relating to:
a. Addition, alteration or repair performed by the property owner upon his or her
own property, provided any addition or alteration shall not exceed 1,000 square feet
or the square footage of the primary structure, whichever is less.
b. Addition, alteration or repairs by a nonowner within a specific cost limitation set
by rule, provided the total cost shall not exceed $5,000 within any 12-month period.
c. Building and inspection fees.
2. However, the exemptions under subparagraph 1 do not apply to single-family
residences that are located in mapped flood hazard areas, as defined in the code,
unless the enforcement agency has determined that the work, which is otherwise
exempt, does not constitute a substantial improvement, including the repair of
substantial damage, of such single-family residences.
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3. Each code exemption, as defined in sub - paragraphs 1 a, 1 b and 1 c shall be certified
to the local board 10 days prior to implementation and shall only be effective in the
territorial jurisdiction of the enforcement district or local enforcement agency
implementing it.
102.2.6 This section does not apply to swings, treehouses, and other playground
equipment accessory to a one- or two- family dwelling.
Exception: Electrical service to such playground equipment shall be in accordance with
Chapter 27 of this Code.
102.3 Application of references. References to chapter or section numbers, or to
provisions not specifically identified by number, shall be construed to refer to such
chapter, section or provision of this Code.
102.4 Referenced codes and standards. The codes and standards referenced in this
Code shall be considered part of the requirements of this Code to the prescribed extent
of each such reference and as further regulated in Sections 102.4.1 and 102.4.2.
102.4.1 Conflicts. Where conflicts occur between provisions of this Code and
referenced codes and standards, the provisions of this Code shall apply.
102.4.2 Provisions in referenced codes and standards. Where the extent of the
reference to a referenced code or standard includes subject matter that is within the
scope of this code or the Florida Codes listed in Section 101.4, the provisions of this
Code or the Florida codes listed in Section 101.4, as applicable, shall take precedence
over the provisions in the referenced code or standard.
102.5 Partial invalidity. Re-,efye d-. In the event that any part or provision of this Code
is held to be illegal or void this shall not have the effect of making void or illegal any of
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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, 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 or above the surface of a roof be
installed in compliance with the requirements of the Florida Building Code except when
the equipment is being replaced or moved during reroofing and is not in compliance with
the provisions of the Florida Building Code relating to the roof-mounted mechanical
units.
102.8.1 Electric for existing mechanical equipment. When mechanical equipment is
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replaced or moved, as provided in Section 102.8, the electrical connections and any
wiring shall be installed in accordance with the 2011 National Electric Code.
102.9 Generally. All provisions, terms, phrases and expressions contained in this Code
shall be liberally construed in order that the true intent and meaning of the
administration of the City may be fully carried out. Terms used in this Code, unless
otherwise specifically provided, shall have the meanings prescribed by the statutes of
this state for the same terms.
102.9.1 Text. In case of any difference of meaning or implication between the text of
this Code and any figure, the text shall control.
102.9.2 Words defined.
Appraised value. For the purpose of this section, appraised value is defined as either
120 percent of the assessed value of the structure as indicated by the county property
appraiser; or the value, as indicated, in a certified appraisal from a certified appraiser.
Assessed value. The value of real property and improvements thereon as established
by the count property appraiser.
Building, Shell. The Building Official or his /her designee shall classify the type of shell
building at the time of plan review defined as follows:
Basic Shell Building: A building complete on the exterior. The interior slab /floor may or
may not be placed. The fire suppression and fire alarm systems (if required) must be
complete. Plumbing may or may not be stubbed in. The electrical service for the main
building must be complete; however the house panel which feeds only the circuits for
the main building, fire alarm control panel, required exit signs, emergency lighting and
the site electrical will be allowed to be energized with this permit. The building does not
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have any interior walls unless they are required, by code a fire resistant corridor, stairs
or elevator shaft walls. This type of building will require a Certificate of Completion prior
to issuance of any tenant build out permits for each tenant space A Certificate of
Completion may be issued prior to completion of site improvements.
Complete Shell Building: A buildinq designed to accommodate one (1) or more
tenants and is complete on the interior and exterior. It must include all required fire
suppression and fire alarm systems all required plumbing drain waste vent and
potable water piping and fixtures, all required exhaust heating ventilation and air
conditioning systems and all electrical requirements. The electrical service for the main
building must be complete; however the house panel which feeds only the circuits for
the main building, required exit signs emergency lighting and the site electrical will be
allowed to be energized with this permit. All site improvements must be complete
Building system. A functionally related group of elements components and /or
equipment, such as the electrical, plumbing and mechanical systems of a building
Change of Occupancy. A change in the purpose or level of activity within a building
that involves a change in application of the requirements of this Code.
Commercial building. Any building, structure improvement or accessory thereto other
than a one -or two- family dwelling and their accessory structures.
Demolition. The act of razing, dismantling or removal of a building or structure or
portion thereof, to the ground level.
Examination An exam prepared proctored and graded by a recognized testing agency
unless otherwise implied in context or specifically stated otherwise.
Imminent Danger. Structurally unsound conditions of a structure or portion thereof,
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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 properly 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 building official or his designee to
perform an inspection of a particular property named in the warrant
Intensification of use. An increase in capacity or number of units of a residential or
commercial building.
Month. The word "month" shall mean a calendar month.
Permit card or placard. A document issued by the City evidencing the issuance of a
permit and recording of inspections.
Shall; may. The word "shall' is mandatory; "may" is permissive The word "shall' takes
precedence over "may ".
Site work. The physical clearing of land in preparation for foundation work including,
but not limited to site clearing excavation de- watering pilings and soil testing
activities.
Tenant finish permit Required permits necessary to complete leased tenant spaces of
a shell building that have not previously been occupied. Because the main building was
built as a shell only, these permits are required regardless if any work has been done in
the space or not. The Building Official cannot issue the Certificate of Occupancy without
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a permit, and or inspections. Without a Certificate of Occupancy the space cannot be
legally occupied by law. A licensed contractor is required to obtain these permits when
work is being done that requires a licensed contractor in accordance with Florida
Statute 489 and the permit holder must pass all required inspections to obtain the
Certificate of Occupancy for the tenant space.
Wind Speed. The wind speed for the City shall be 129 mph ultimate design wind speed
for risk category I buildings and structures as defined in table 1604.5 of this Code, 139
mph ultimate design wind speed for risk category II buildings and structures as defined
in table 1604.5 of this Code and 149 mph ultimate design wind speed for risk category
III and IV buildings and structures as defined in table 1604.5 of this Code.
Written or in writing. The term "written" or "in writing" shall be construed to include any
representation of words, letters or figures whether by_printing or otherwise.
Year. The word "year" shall mean a calendar year, unless a fiscal year is indicated.
SECTION 103
DEPARTMENT OF BUILDING SAFETY
103.1 Creation of enforcement agency. The Department of Building Safety is hereby
created and referred to as the City of Sanford Building and Fire Prevention Division. The
official in charge thereof shall be known as the building official. All code officials
employed by the department shall be certified in accordance with Chapter 468, Part XII,
Florida Statutes.
103.2 Appointment. The building official shall be appointed by the chief appointing
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authority of the City Manager, or designee.
103.3 Employees. In accordance with the prescribed procedures of the City 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.
103.3.1 Deputy Building Official. In the absence of the building official, a deputy
building official shall be designated by the building official with specific powers and
authority as delegated by the building official.
103.4 Restrictions on employees. An employee connected with the department, shall
not be financially interested in the furnishing of labor, material, or appliances for the
construction, alteration, or maintenance of a building, structure, service, system or in the
making of plans or of specifications thereof, within the City of the department, unless he
or she is the owner of such which is inconsistent with his or her duties or conflict with
the interest of the department.
SECTION 104
DUTIES AND POWERS OF BUILDING OFFICIAL
104.1 General. Reseed 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
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this Code.
104.2 Applications and permits. Resewed The building official shall receive
applications, review construction documents and issue permits for the erection, and
alteration, demolition, change of occupancy class 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.
104.2.1 Revocation of permits. 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 provisions of this Code.
104.2.2 Misinterpretation of application. The building official may revoke a permit or
approval issued under the provisions of this Code, in the case that there has been any
false statement or misrepresentation as to the material fact in the application or plans
on which the permit or approval was based.
104.3 Notices and orders. Reserved The building official shall issue all necessary
notices or orders to ensure compliance with this Code.
104.4 Inspections. Reserved 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.
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104.6 Identification. Resepled The building official and all delegated employees shall
can proper identification when inspecting structures or premises in the performance of
duties under this Code.
104.6 Right of entry. Rene wed Where it is necessary to make an inspection to enforce
the provisions of this Code, or where the building official has reasonable cause to
believe that there exists in a structure or upon a premises a condition which is contrary
to or in violation of this Code which makes the structure or premises unsafe, dangerous
or hazardous, the building official is authorized To enter the structure or premises at
reasonable times to inspect or to perform the duties imposed by this Code, Provided
that if such structure or premises be occupied that credentials be presented to the
occupant and entry requested. If such structure or premises is unoccupied, the building
official shall first make a reasonable effort to locate the owner or other person having
charm 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 ent[Y.
104.6.1 When the building official shall have first obtained a proper inspection warrant
or other remedy provided by law to secure entry, no owner or occupant or any othe
persons havinq charge, care or control of any building, structure, or premises shall fail
or -neglect, after proper request is made as herein provided, to promptly permit entry
therein by the building official for the purpose of inspection and examination pursuant to
this Code.
104.7 Department records. Resewed The building official shall keep official records of
applications received, construction documents, permits and certificates issued, fees
collected, reports of inspections, and notices and orders issued. Such records shall be
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retained in the official records for the period required for retention of public records per
FS 119.
104.8 Liability. °esewed The building official or employee charged with the
enforcement of this Code, while acting for the City in good faith and without malice in
the discharge of the duties required by this Code or other pertinent law or ordinance
shall not thereby be rendered liable personally and is hereby relieved from personal
liability for any damage accruing to persons or property as a result of any act or by
reason of an act or omission in the discharge of official duties. Any suit instituted against
an officer or employee 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 City 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. Resewed Wherever there are practical difficulties involved in
carrying out the provisions of this Code, the building official shall have the authority to
grant modifications for individual cases, upon application of the owner or owner's
representative, provided the building official shall first find that special individual reason
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makes the strict letter of this Code impractical and the modification is in compliance with
the intent and purpose of this Code and that such modification does not lessen health,
accessibility, life and fire safety, or structural requirements. The details of action
granting modifications shall be recorded and entered in the files of the department of
building safety.
104.10.1 Flood hazard areas. The building official shall not grant modifications to any
provision required in flood hazard areas as established by Section 1612.3 unless a
determination has been made that:
1. A showinq of good and sufficient cause that the unique characteristics of the size,
configuration or topography of the site render the elevation standards of Section 1612
inappropriate.
2. A determination that failure to grant the variance would result in exceptional hardship
by rendering the lot undevelopable.
3. A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safely, extraordinary public expense, cause fraud on
or victimization of the public, or conflict with existing laws or ordinances.
4. A determination that the variance is the minimum necessary to afford relief,
considering the flood hazard.
5. Submission to the applicant of written notice specifying the difference between the
design flood elevation to which the building is to be built, stating that the cost of flood
insurance will be commensurate with the increased risk resulting from the reduced floor
elevation, and stating that construction below the design flood elevation increases risks
to live and Property.
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104.11 Alternative materials, design and methods of construction and equipment.
The provisions of this Code are not intended to prevent the installation of any material
or to prohibit any design or method of construction not specifically prescribed by this
Code, provided that any such alternative has been approved. An alternative material,
design or method of construction shall be approved where the building official finds that
the proposed design is satisfactory and complies with the intent of the provisions of this
Code, and that the material, method or work offered is, for the purpose intended, at
least the equivalent of that prescribed in this Code in quality, strength, effectiveness, fire
resistance, durability and safety. When 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 Cfty }urisdistiee. Test methods shall be as
specified in this Code or by other recognized test standards. In the absence of
recognized and accepted test methods, the building official shall approve the testing
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procedures. Tests shall be performed by an approved agency. Reports of such tests
shall be retained by the building official for the period required for retention of public
records.
104.12 Requirements not covered by code. Any requirements necessary for the
strength, stability or proper operation of an existing or proposed building, structure,
electrical, gas, mechanical or plumbing, 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.
104.13 Inspection requests after normal working hours. The building official is
authorized and allowed to accept a request for after -hours inspections. Requests must
_submit in writing, 48 hours prior to the requested inspection on a form provided to the
applicant. Payment for the requested inspection is to be made at time of application.
There will be a minimum 2 hour fee for weekdays and a minimum 4 hours for weekends
and Holidays.
SECTION 105
1t
105.1 Required. Any owner or authorized agent who intends to construct, enlarge,
alter, repair, move, demolish, or change the occupancy of a building or structure, or to
erect, install, enlarge, alter, repair, remove, convert or replace any impact resistant
coverings, electrical, gas, mechanical or plumbing 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.
The building official shall not issue a permit for any property within the City to an owner,
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authorized agent or contractor who has an expired permit within the City, performed
work for which a permit is required within the City without first obtaining a permit or
otherwise violated this Code until the said violation has been corrected.
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.
105.1.4 Public swimming pool. The local enforcing agency may not issue a building
permit to construct, develop, or modify a public swimming pool without proof of
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application, whether complete or incomplete, for an operating permit pursuant to
Section 514.031, Florida Statutes. A certificate of completion or occupancy may not be
issued until such operating permit is issued. The local enforcing agency shall conduct
their review of the building permit application upon filing and in accordance with Chapter
553, Florida Statutes. The local enforcing agency may confer with the Department of
Health, if necessary, but may not delay the building permit application review while
awaiting comment from the Department of Health.
106.1.5 Demolition permit. A certified or registered Division I contractor's license is
required for any demolition permit. Type of licensure and limitations shall be in
accordance with Section 489.105(3), Florida Statutes in regards to a whether a
"General, Building or Residential" contractor is required.
105.2 Work exempt from permit. Exemptions from permit requirements of this Code
shall not be deemed to grant authorization for any work to be done in any manner in
violation of the provisions of this Code or any other laws or ordinances of the City this
jwFisdiGtian. Permits shall not be required for the following:
Building:
1. Oil derricks.
2. 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.
3. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
4. Temporary motion picture, television and theater stage sets and scenery.
5. 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
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installed entirely above ground.
6. Shade cloth structures constructed for nursery or agricultural purposes, not including
service systems.
7. Swings, treehouses and other playground equipment accessory to detached one-
and two-family dwellings.
8. Window awnings supported by an exterior wall that do not project more than 54
inches (11372 mm) from the exterior wall and do not require additional support of Groups
R-3 and U occupancies.
9. Non fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet
9 inches (1753 mm) in height.
Electrical:
1. Repairs and maintenance: Minor repair work, including the replacement of lamps or
the connection of approved portable electrical equipment to approved permanently
installed receptacles.
2. Radio and television transmitting stations: The provisions of this Code shall not apply
to electrical equipment used for radio and television transmissions, but do apply to
equipment and wiring for a power supply and the installations of towers and antennas.
3. Temporary testing systems: A permit shall not be required for the installation of an
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
28 1 P a g e
such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated
by this Code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
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 and sinks, 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
29 1 P a g e
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 minor 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 systems or
mechanical equipment or other work affecting public health or general safety, and such
repairs shall not violate any of the provisions of the technical codes.
105.2.3 Public service agencies. Reserved. Apermit 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 therefor in writing on a form furnished by the building department for that
purpose.
Permit application forms shall
beaFd, if appliGable, and must comply with the requirements of Section 713.135(5) and
(6), Florida Statutes.
Each application shall be inscribed with the date of application, and the code in effect as
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of that date. For a building permit for which an application is submitted prior to the
effective date of the Florida Building Code, the state minimum building code in effect in
the giAt permitting juFisdiGtien on the date of the application governs the permitted work
for the life of the permit and any extension granted to the permit.
105.3.1 Action on application. The building official shall examine or cause to be
examined applications for permits and amendments thereto within a reasonable time
after filing. If the application or the construction documents do not conform to the
requirements of pertinent laws, the building official shall reject such application in
writing, stating the reasons there for. If the building official is satisfied that the proposed
work conforms to the requirements of this Code and laws and ordinances applicable
thereto, the building official shall issue a permit therefore as soon as practicable. When
authorized through contractual agreement with a school board, in acting on applications
for permits, the building official shall give first priority to any applications for the
construction of, or addition or renovation to, any school or educational facility.
105.3.1.1 If a state university, Florida college or public school district elects to use a
local government's code enforcement offices, fees charged by counties and
municipalities for enforcement of the Florida Building Code on buildings, structures, and
facilities of state universities, state colleges and public school districts shall not be more
than the actual labor and administrative costs incurred for plans review and inspections
to ensure compliance with this Code.
105.3.1.2 No permit may be issued for any building construction, erection, alteration,
modification, repair, or addition unless the applicant for such permit provides to the
enforcing agency which issues the permit any of the following documents which apply to
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the construction for which the permit is to be issued and which shall be prepared by or
under the direction of an engineer registered under Chapter 471, Florida Statutes:
1. Plumbing documents for any new building or addition which requires a plumbing
system with more than 250 fixture units or which costs more than $125,000.
2. Fire sprinkler documents for any new building or addition which includes a fire
sprinkler system which contains 50 or more sprinkler heads. A Contractor 1,
Contractor 11, or Contractor IV, certified under Section 633 Florida Statutes, may
design a fire sprinkler system of 49 or fewer heads and may design the alteration of
an existing fire sprinkler system if the alteration consists of the relocation, addition or
deletion of not more than 49 heads, notwithstanding the size of the existing fire
sprinkler system.
3. Heating, ventilation, and air-conditioning documents for any new building or addition
which requires more than a 15-ton-per-system capacity which is designed to
accommodate 100 or more persons or for which the system costs more than
$125,000. This paragraph does not include any document for the replacement or
repair of an existing system in which the work does not require altering the structural
part of the building or for work on a residential one-, two-, three- or four-family
structure.
An air-conditioning system may be designed by an installing air-conditioning
contractor certified under Chapter 489, Florida Statutes, to serve any building or
addition which is designed to accommodate fewer than 100 persons and requires an
air-conditioning system with a value of $125,000 or less; and when a 15-ton-per-
system or less is designed for a singular space of a building and each 15-ton system
32 1 P a Ig e
or less has an independent duct system. Systems not complying with the above
require design documents that are to be sealed by a professional engineer.
Example 1: When a space has two 10 -ton systems, with each having an
independent duct system, the contractor may design these two systems since each
unit (system) is less than 15 tons.
Example 2: Consider a small single -story office building which consists of six
individual offices where each office has a single three -ton package air - conditioning
heat pump. The six heat pumps are connected to a single water cooling tower. The
cost of the entire heating, ventilation and air - conditioning work is $47,000 and the
office building accommodates fewer than 100 persons. Because the six mechanical
units are connected to a common water tower, this is considered to be an 18 -ton
system. It therefore could not be designed by a mechanical or air conditioning
contractor.
NOTE: It was further clarified by the Commission that the limiting criteria of 100
persons and $125,000 apply to the building occupancy load and the cost for the total
air - conditioning system of the building.
4. Any specialized mechanical, electrical, or plumbing document for any new building
or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration,
halon, or fire detection and alarm system which costs more than $5,000.
5. Electrical documents. .Any electrical system
with a value of more than $125,000 and requires an aggregate service capacity of
more than 600 amperes (240 volts) on a residential electrical system or of more than
800 amperes (240 volts) on a commercial or industrial electrical system.
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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.
6. All public swimming pools and public bathing places defined by and regulated under
Chapter 514, Florida Statutes.
105.3.2 Time limitation of application. An application for a permit for any proposed
work shall be deemed to have been abandoned and shall be as a matter of law, 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 prior to the abandonment date 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
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 therefor unless unusual circumstances require a longer
time for processing the application or unless the permit application fails to satisfy the
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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. In
accordance with Section 489.113(4) (c) Florida Statutes, the local government may also
deny issuance of, or may suspend, any outstanding be permit where a contractor
fails or refuses to provide proof of public liability and property damage insurance
coverage as required by Section 489.115(5) Florida Statutes and workers'
compensation insurance coverage as required by Section 489.114 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
35 1 P a ge
for sale or lease, or the building is a farm outbuilding on your property. If you sell or
lease such building within 1 year after the asbestos abatement is complete, the law will
presume that you intended to sell or lease the property at the time the work was done,
which is a violation of this exemption. You may not hire an unlicensed person as your
contractor. Your work must be done according to all local, state and federal laws and
regulations which apply to asbestos abatement projects. It is your responsibility to
make sure that people employed by you have licenses required by state law and by
county or municipal licensing ordinances.
105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be
permitted to complete all buildings designed and approved prior to the effective date of
a new code edition, provided a clear signed contract is in place. The contract shall
provide specific data mirroring that required by an application for permit, specifically,
without limitation, date of execution, building owner or dealer, and anticipated date of
completion. However, the construction activity must commence within 6 months of the
contract's execution. The contract is subject to verification by the Department of
Business and Professional Regulation.
105.3.8 Public right of way. A permit shall not be given by a 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 City or other
361Paa,e
authority having jurisdiction over the street, alley or public lane. Any construction
encroaching into a public right of way shall be compliant with Chapter 32 of this Code.
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 City. Permits presuming to give authority to
violate or cancel the provisions of this Code or other ordinances of the City shall not be
valid. The issuance of a permit based on construction documents and other data shall
not prevent the building official from requiring the correction of errors in the construction
documents and other data. The building official is also authorized to prevent occupancy
or use of a structure where in violation of this Code or of any other ordinances of the
Cily.
105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed
with the work and not as authority to violate, cancel, alter or set aside any of the
provisions of the technical codes, nor shall issuance of a permit prevent the building
official from thereafter requiring a correction of errors in plans, construction or violations
of this Code. Every permit issued shall become invalid unless the work authorized by
such permit is commenced within six months after its issuance, or if the work authorized
by such permit is suspended or abandoned for a period of six months after the time the
work is commenced.
105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or
expires because of lack of progress or abandonment, a new permit covering the
proposed construction shall be obtained before proceeding with the work.
105.4.1.2 If a new permit is not obtained within 180 days from the date the initial permit
37 1 P a ge
I-
became null and void, the building official is authorized to require that any work which
has been commenced or completed be removed from the building site. Alternately, a
new permit may be issued on application, providing the work in place and required to
complete the structure meets all applicable regulations in effect at the time the initial
permit became null and void and any regulations which may have become effective
between the date of expiration and the date of issuance of the new permit.
105.4.1.3 Work shall be considered to be in active progress when the permit has
received an approved inspection within 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. Resewed 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. Failure to obtain an approved
inspection within 180 days of the previous approved inspection shall constitute
suspension or abandonment. The building official is authorized to grant, in writing, one
or more extensions of time, for periods not more than 90 days each. The extension shall
be requested in writing prior to the expiration date and justifiable cause demonstrated.
Permits issued for the demolition of a structure shall expire 30 days from the date of
issuance. For a justifiable cause, one (1) extension of time for a period not exceeding
30 days may be allowed. Such reauest shall be in writina to the building official.
38 1 P a a e
105.6 Denial or revocation. Resealed Whenever a permit required under this section
is denied or revoked because the plan, or the construction, erection, alteration,
modification, repair, or demolition of a building, is found by the local enforcing agency to
be not in compliance with the Florida Building Code, the local enforcing agency shall
identify the specific plan or project features that to not comply with the applicable codes,
identify the specific code chapters and sections upon which the finding is based, and
provide this information to the permit applicant. If the local building code administrator
or inspector finds that the plans are not in compliance with the Florida Building Code,
the local building code administrator or inspector shall identify the specific plan features
that do not comply with the applicable codes, identify the specific code chapters and
sections upon which the finding is based, and provide this information to the local
enforcing agency. The local enforcing agency shall provide this information to the permit
applicant.
105.6.1 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. All such actions
shall afford the affected party fundamental administrative due process.
105.7 Placement of permit and reviewed plan. The building permit or -sepy and
reviewed plan shall be kept on the site of the work until the completion of the project or
a certificate of occupancy or certificate of completion is issued by the building official.
Work requiring a permit shall not commence until the permit holder or his agent posts
the permit card in a conspicuous location on the premises. The permit shall be
391Pa`e
protected from the weather and located in such position as to allow the building official
or representative to conveniently make the required entries thereon.
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
COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH
YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF
COMMENCEMENT."
105.9 Asbestos. The 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 and another copy for the building permit files. The
treatment certificate shall provide the product used, identity of the applicator, time and
date of the treatment, site location, area treated, chemical used, percent concentration
and number of gallons used, to establish a verifiable record of protective treatment. If
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the soil chemical barrier method for termite prevention is used, final exterior treatment
shall be completed prior to final building approval.
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. The early start application must be completed in full and all
applicable fees must be paid.
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 after 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
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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: Permit issued on basis of an affidavit shall not extend to the flood load and
flood- resistance requirements of the Florida Building Code.
105.15 Opening protection. When any activity requiring a building permit that is
applied for on or after July 1, 2008, and for which the estimated cost is $50,000 or more
for a site built single family detached residential structures that is located in the wind
borne debris region as defined in this Code and that has an insured value of $750,000
or more, or, if the site built single - family detached residential structures is uninsured or
for which documentation of insured value is not presented, has a just valuation for the
structure for purposes of ad valorem taxation of $750,000 or more; opening protections
as required within this Code or the Florida Building Code, Residential for new
construction shall be provided.
Exception: Single family residential structures permitted subject to the Florida Building
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Code are not required to comply with this section.
105.16 Inspection of existing residential building not impacted by construction.
(a) A local enforcing agency, and any local building code administrator, inspector, or
other official or entity, may not require as a condition of issuance of a one- or two -
family residential building permit the inspection of any portion of the building,
structure or real property that is not directly impacted by the construction, erection,
alteration, modification, repair, or demolition of the building, structure, or real
property for which the permit is sought.
(b) This subsection does not apply to a building permit sought for:
(1) A substantial improvement as defined in 161.51, Florida Statutes or as defined in
the Florida Building Code.
(2) A change of occupancy as defined in the Florida Building Code.
(3) A conversion from residential to nonresidential or mixed use pursuant to Section
553.507(2) (a) Florida Statutes or as defined in the Florida Building Code.
(4) A historic building as defined in the Florida Building Code.
(c) This subsection does not prohibit a local enforcing agency, or any local building
code administrator, inspector, or other official or entity, from:
1. Citing any violation inadvertently observed in plain view during the ordinary course
of an inspection conducted in accordance with the prohibition in paragraph (a).
2. Inspecting a physically nonadjacent portion of a building, structure, or real
property that is directly impacted by the construction, erection, alteration,
modification, repair or demolition of the building, structure, or real property for
which a permit is sought in accordance with the prohibition in paragraph (a).
43 Pa e
3. Inspecting any portion of a building, structure, or real property for which the owner
or any person having control of the building, structure, or real property has
voluntarily consented to inspection of that portion of a building, structure, or real
property in accordance with the prohibition in paragraph (a).
4. Inspecting any portion of a building, structure, or real property pursuant to an
inspection warrant issued in accordance with Sections 933.20 through 933.30,
Florida Statutes.
106.17 Streamlined low-voltage alarm system installation permitting.
(1) As used in this section the term:
(a) "Contractor" means a person who is qualified to engage in the business of
electrical or alarm system contracting pursuant to a certificate or registration
issued by the department under part 11 of Chapter 489, Florida Statutes.
(b) "Low voltage alarm system project' means a project related to the installation,
maintenance, inspection, replacement, or service of a new or existing alarm, as
defined in section 489.505, Florida Statutes, operating at low voltage, as defined
in the National Electrical Code Standard 70, and ancillary components or
equipment attached to such system, including, but not limited to, home-
automation equipment, thermostats, and video cameras.
(2) Notwithstanding any provision of this Code, this section applies to low-voltage alarm
system projects for which a permit is required by a local enforcement agency.
However, a permit is not required to install, maintain, -inspect, replace, or service a
wireless alarm system, including any ancillary components or equipment attached to
the system.
44 1 P a e
(3) This section does not apply to the installation or replacement of a fire alarm if a plan
review is required.
(4) A local enforcement agency shall make uniform basic permit labels available for
purchase by a contractor to be used for the installation or replacement of a new or
existing alarm system at a cost as indicated in Section 553.793, Florida Statutes.
(a) A local enforcement agency may not require a contractor, as a condition of
purchasing a label, to submit any, information other than identification information
of the licensee and proof of registration or certification as a contractor.
(b) A label is valid for 1 year after the date of purchase and may only be used within
the jurisdiction of the local enforcement agency that issued the label. A contractor
may purchase labels in bulk for one or more unspecified current or future
projects.
(5) A contractor shall place an unused uniform basic permit label in a conspicuous
location of the premises of the low-voltage alarm system project site before
commencing work on the project.
(6) A contractor is not required to notify the local enforcement agency before
commencing work on a low-voltage system project. However, a contractor must
submit a Uniform Notice of a Low-voltage Alarm System Project as provided
under subsection (7) to the local enforcement agency within 14 days after
completing a project. A local enforcement agency may take disciplinary action
against a contractor who fails to timely submit a Uniform Notice of a Low-voltage
Alarm System Project.
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(7) The Uniform Notice of a Low-voltage Alarm System Project may be submitted
electronically or by facsimile if all submissions are signed by the owner, tenant,
contractor, or authorized representative of such persons. The Uniform Notice of a
Low-voltage Alarm System Project shall be in the format prescribed by the local
enforcement agency and must comply with the requirements of Section
553.793(7), Florida Statutes.
(8) A low-voltage alarm system project may be inspected by the local enforcement
agency to ensure compliance with applicable codes and standards. If a low-
voltage alarm system project fails an inspection, the contractor must take
corrective action as necessary to pass inspection.
(9) A municipality, county, district, or other entity of local government may not adopt
or maintain in effect an ordinance or rule regarding a low-voltage alarm system
project that is inconsistent with this section.
(10) A uniform basic permit label shall not be required for the subsequent
maintenance, inspection or service of an alarm system that was permitted in
accordance with this section.
The provisions of this Ordinance are not intended to impose new or additional
licensure requirements on persons licensed in accordance with the applicable
provisions of Chapter 489, Florida Statutes.
SECTION 106
FLOOR AND ROOF DESIGN LOADS
106.1 Live loads posted. Where the live loads for which each floor or portion thereof of
a commercial or industrial building is or has been designed to exceed 50 psf (2.40
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kN /m2), such design live loads shall be conspicuously posted by the owner in that part
of each story in which they apply, using durable signs. It shall be unlawful to remove or
deface such notices
106.2 Issuance of certificate of occupancy. A certificate of occupancy required by
Section 111 shall not be issued until the floor load signs, required by Section 106.1,
have been installed.
106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be
placed, on any floor or roof of a building, structure or portion thereof, a load greater than
is permitted by this Code.
SECTION 107
SUBMITTAL DOCUMENTS
107.1 General. Submittal documents consisting of construction documents, statement
of special inspections, geotechnical report and other data shall be submitted in two or
more sets with each residential permit application and shall be submitted in five or more
sets with each commercial permit application. The construction documents shall be
prepared by a registered design professional where required by Chapter 471, Florida
Statutes & 61G15, Florida Administrative Code, or Chapter 481, Florida Statutes &
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: The building official is authorized to waive the submission of construction
documents and other data not required to be prepared by a registered design
professional if it is found that the nature of the work applied for is such that review of
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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 to a minimum of 114" per 1' scale, upon suitable material and
include the appropriate code editions in effect. 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 For roof assemblies required by this 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.
48 1 P a e
107 2 1 2 Hand drawn submittals must be submitted on plain white paper and include
accurate dimensions all details that apply to the project, and must be legible.
Acceptance of hand -drawn submittals will be determined by the building official.
107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection
system(s) shall be submitted to indicate conformance to this Code and the construction
documents and shall be approved prior to the start of system installation. Shop
drawings shall contain all information as required by the referenced installation
standards in Chapter 9.
107.2.3 Means of egress. The construction documents shall show in sufficient detail
the location, construction, size and character of all portions of the means of egress
including the path of the exit discharge to the public way in compliance with the
provisions of this Code. In other than occupancies in Groups R -2, R -3, and 1 -1, the
construction documents shall designate the number of occupants to be accommodated
on every floor, and in all rooms and spaces.
107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe
the exterior wall envelope in sufficient detail to determine compliance with this Code.
The construction documents shall provide details of the exterior wall envelope as
required, including flashing, intersections with dissimilar materials, corners, end details,
control joints, intersections at roof, eaves or parapets, means of drainage, water -
resistive membrane and details around openings.
The construction documents shall include manufacturer's installation instructions that
provide supporting documentation that the proposed penetration and opening details
described in the construction documents maintain the weather resistance of the exterior
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wall envelope. The supporting documentation shall fully describe the exterior wall
system which was tested, where applicable, as well as the test procedure used.
107.2.6 Site plan. The construction documents submitted with the application for permit
shall be accompanied by a site plan showing to scale the size and location of new
construction and existing structures on the site, distances from lot lines, the established
street grades and the proposed finished grades and, as applicable, flood hazard areas,
floodways, and design flood elevations; and it shall be drawn in accordance with an
accurate boundary line survey. In the case of demolition, the site plan shall show
construction to be demolished and the location and size of existing structures and
construction that are to remain on the site or plot. The building official is authorized to
waive or modify the requirement for a site plan when the application for permit is for
alteration or repair or when otherwise warranted.
107.2.5.1 Design flood elevations. Where design flood elevations are not specified,
they shall be established in accordance with Section 1612.3.1.
107.2.5.2 For the purpose of inspection and record retention, site plans for a building
may be maintained in the form of an electronic copy at the worksite. These plans must
be open to inspection by the building official or duly authorized representative, as
required by the Florida Building Code.
107.3 Examination of documents. The building official shall examine or cause to be
examined the accompanying submittal documents and shall ascertain by such
examinations whether the construction indicated and described is in accordance with
the requirements of this Code and other pertinent laws or ordinances.
Exceptions:
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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, but not limited to, utility
crossover connections) and construction at the site are subject to local permitting
and inspections. Photocopies of plans approved according to FAC 913-1.009,
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
!GGal government epti the approval of the building official, from review of plans and
inspections, providing GwfeFs 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
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permit has been heretofore issued or otherwise lawfully authorized, and the construction
of which has been pursued in good faith within 180 days after the effective date of this
Code and has not been abandoned.
107.3.3 Phased approval. The building official is authorized to issue a permit for the
construction of foundations or any other part of a building or structure before the
construction documents for the whole building or structure have been submitted,
provided that adequate information and detailed statements have been filed complying
with pertinent requirements of this Code. The holder of such permit for the foundation or
other parts of a building or structure shall proceed at the holder's own risk with the
building operation and without assurance that a permit for the entire structure will be
granted.
107.3.4 Design professional in responsible charge
Qoco ^��� When it is required that documents be prepared by a registered design
- nom, -���
professional, the building official shall be authorized to require the owner to engage and
designate on the building permit application a registered design professional who shall
act as the registered design professional in responsible charge. If the circumstances
require the owner shall designate a substitute registered design professional in
responsible charge who shall perform the duties required of the original registered
design professional in responsible charge The building official shall be notified in writing
by the owner if the registered design professional in responsible charge is changed or is
unable to continue to perform the duties The registered design professional in
responsible charge shall be responsible for reviewing and coordinating submittal
documents prepared by others including phased and deferred submittal items, for
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compatibility with the design of the building.
107.3.4.1 Deferred submittals. For the purposes of this section, deferred submittals
are defined as those portions of the design that are not submitted at the time of the
application and that are to be submitted to the building official 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.
107.3.4.2 Certifications by contractors authorized under the provisions of Section
489.115(4)(b), Florida Statutes, shall be considered equivalent to sealed plans and
specifications by a person licensed under Chapter 471, Florida Statutes, or Chapter 481
Florida Statutes, by local enforcement agencies for plans review for permitting purposes
relating to compliance with the wind - resistance provisions of the code or alternate
methodologies approved by the Florida Building Commission for one- and two- family
dwellings. Local enforcement agencies may rely upon such certification by contractors
that the plans and specifications submitted conform to the requirements of the code for
wind resistance. Upon good cause shown, local government code enforcement
agencies may accept or reject plans sealed by persons licensed under Chapters 471,
531Page
481 or 489, Florida Statutes.
107.3.6 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:
Commercial building submittals shall be in accordance with the City's Commercial
Permit Application Guidelines, which guidelines are incorporated by reference as if fully
set forth herein and are on file with the City Clerk as part of this Ordinance, and the
following:
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).
54 1 P a e
4. Fire-resistant construction requirements shall include the following components:
Fire-resistant separations
Fire-resistant protection for type of construction
Protection of openings and penetrations of rated walls
Fire blocking and draftstopping and calculated fire resistance
5. Fire suppression systems shall include:
Early warning smoke evacuation systems
Schematic fire sprinklers
Standpipes
Pre-engineered systems
Riser diagram
6. Life safety systems shall be determined and shall include the following
requirements:
Occupant load and egress capacities
Early warning
Smoke control
Stair pressurization
Systems schematic
7. Occupancy load/egress requirements shall include:
Occupancy load
Gross
Net
Means of egress
55 Page
C�
Exit access
Exit
Exit discharge
Stairs construction/geometry and protection
Doors
Emergency lighting and exit signs
Specific occupancy requirements
Construction requirements
Horizontal exits/exit passageways
8. Structural requirements shall include:
Soil conditions/analysis
Termite protection
Design loads
Wind requirements
Building envelope
Impact resistant coverings or systems
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
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Threshold inspection plan
Stair systems
9. Materials shall be reviewed and shall at a minimum include the following:
Wood
Steel
Aluminum
Concrete
Plastic
Glass
Masonry
Gypsum board and plaster
Insulating (mechanical)
Roofing
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
57 IP aa e
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:
Commercial swimming pool submittals shall be in accordance with the City's
Commercial Pool Permit Application Guidelines, which guidelines are
incorporated by reference as if fully set forth herein and are on file with the City
Clerk as part of this Ordinance, and the following:
Barrier requirements
Spas
Wading pools
Electrical:
1. Electrical:
Wiring
Services
Feeders and branch circuits
Wiring methods and materials
GFCls
2. Equipment
3. Special occupancies
4. Emergency systems
5. Communication systems
6. Low voltage
7. Load calculations
8. Design flood elevation
Plumbing:
1. Minimum plumbing facilities
2. Fixture requirements
3.Water supply piping
4. Sanitary drainage
5. Water heaters
6. Vents
7. Roof drainage
8. Back flow prevention
9. Irrigation
10. Location of water supply line
11. Grease traps
12. Environmental requirements
13. Plumbing riser
59 1 Page
14. Design flood elevation
Mechanical:
1. Energy calculations
2. Exhaust systems:
Clothes dryer exhaust
Kitchen equipment exhaust
Specialty exhaust systems
3. Equipment
4. Equipment location
5. Make-up air
6. Roof-mounted equipment
7. Duct systems
8. Ventilation
9. Combustion air
10. Chimneys, fireplaces and vents
11. Appliances
12. Boilers
13. Refrigeration
14. Bathroom ventilation
15. Laboratory
16. Design flood elevation
Gas:
1. Gas piping types and sizes
601Page
2. Venting
3. Combustion air
4. Chimneys and vents
5. Appliances and BTU ratings
6. Type of gas
7. Fireplaces
8. LP tank location
9. Riser diagram/shutoffs
10. Design flood elevation
Demolition:
1. Asbestos removal
Residential (one- and two-family):
Residential buildinq submittals shall be in accordance with the City of Sanford
Residential Permit Application Guidelines, which guidelines are incorporated by
reference as if fully set forth herein and are on file with the City- Clerk as part of this
Ordinance, and the following:
1. Site requirements
Set back/separation (assumed property lines)
Location of septic tanks
2. Fire-resistant construction (if required)
3. Fire
4. Smoke and carbon monoxide detector locations
5. Egress:
61 IPage
Egress window size and location stairs construction requirements
6. Structural requirements shall include:
Wall section from foundation through roof, including assembly and materials
connector tables wind requirements structural calculations (if required)
jpmjLe protection
Design loads
Wind requirements
Building envelope
P
Structural calculations (if required)
q�
Foundation
Wall systems
Floor systems
Roof _§ �ems
Flood hazard areas, flood zones, design flood elevations, lowest floor elevations,
enclosures, equipment, and flood damage-resistant materials
7. Accessibility requirements:
show/identify accessible bath
8. Impact resistant coverings or systems
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
62 P a a e
4. Annual maintenance permits
5. Prototype plans:
Except for local site adaptations, siding, foundations and/or modifications.
Except for structures that require waiver.
6. Manufactured buildings plan except for foundations and modifications of buildings
on site and the following:
Site requirements:
(assumed :1 pi i, operty lines}
Location of septic tanks ri
- !if applicable)
_----
Structural
Wind zone
Anchoring
aLqckin
Plumbing
List potable water source and meter size of applicable)
Mechanical
Exhaust systems
Clothes dryer exhaust
Kitchen equipment exhaust
Electrical
Exterior disconnect location
107.4 Amended construction documents. Work shall be installed in accordance with
the appfGved _reviewed construction documents, and any changes made during
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construction that are not in compliance with the approved reviewed construction
documents shall be formall resubmitted to the building services division for review
approval as an amended set of construction documents. Amendments in written letter
for shall not be acceptable as an amendment to plans sections,_ elevations and details
within the construction documents.
107.5 Retention of construction documents. One set of approved construction
documents shall be retained by the building official for a period of not less than 180
days from date of completion of the permitted work, or as required by Section 119,
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
_ 641Page
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.
107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the
requirements of the federal regulation for participation in the National Flood Insurance
Program (44 C.F.R Parts 59 and 60), the authority granted to the building official to
issue permits, to rely on inspections, and to accept plans and construction documents
on the basis of affidavits and plans submitted pursuant to Section 105.14 and 107.6,
shall not extend to the flood load and flood - resistance construction requirements of the
Florida Building Code.
SECTION 108 TEMPORARY STRUCTURES AND USES
108.1 General. The building official is authorized to issue a permit for temporary
structures and temporary uses. Such permits shall be limited as to time of service, but
shall not be permitted for more than 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
65 Page
issued. The part covered by the temporary certificate shall comply with the requirements
specified for temporary lighting, heat or power in NFPA 70.
108.4 Termination of approval. The building official is authorized to terminate such
permit for a temporary structure or use and to order the temporary structure or use to be
discontinued.
SECTION 109
FEES
109.1 Prescribed fees. A permit shall not be issued until fees prescribed by law., local
ordinance or as 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
revisions or 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
109.2.1 Types of Fees. Enumerated fees may be charged for but not limited to the
following:
• Permits;
• Flans examination;
• Plan resubmittal/revision;
*.Plan restamp
• Re-inspections;
66 1 P a e
• After hour inspections
• Duplicate permit card
• State imposed fees
• Contractor transfer;
• Archive document retrieval;
• Document copies;
• Variance requests;
• Violations; and
• Other fees as established by City resolution or ordinance.
109.3 Building permit valuations. The applicant for a permit shall provide an
estimated permit value at time of application. Permit valuations shall include total value
of work, including materials and labor, for which the permit is being issued, such as
electrical, gas, mechanical, plumbing equipment and permanent systems. The valuation
of new building construction and additions, for the purpose of determining permit fees
and plan review fees shall be established by following the International Code
Commission building valuation data table based on square footage under roof,
published semi-annually in the International Code Council Building Safety Journal. 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
67 1 P a g e
obtaining the building official's approval or the necessary permits shall be subject to a
fee established by the building GffiGial an additional administrative fee of 100 percent of
the usual permit fee to address the administrative costs and expenses of the City that
result therefrom and which additional administrative that shall be 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 doubled permit fee. The payment of a doubled permit fee shall not
preclude any code enforcement action from being commenced by the City or any other
entity with jurisdiction or be deemed a substitute for prosecution for commencing work
without first obtaining a permit. The building official may, in writing, grant extensions of
time or waive fees when justifiable cause has been demonstrated in writing and found to
be true and compelling by the building official.
109.5 Related fees. Reseweed 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, local ordinance or impact fee
fair share agreement between the applicant and the City.
109.6 Refunds. Re.�� Refund procedures shall be as established by City
resolution.
SECTION 110
INSPECTIONS
68 Page
I 10.1 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 City juFisd-istiOR. Inspections presuming to give
authority to violate or cancel the provisions of this Code or of other ordinances of the
Cily juFisdistien 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 property boundary line survey prepared by a registered
surveyor whenever the property boundary lines cannot be readily determined in the
field. Neither the building official nor the City 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 110. He or she may accept reports of department inspectors,
independent inspectors or of recognized inspection services provided that after
investigation he /she is satisfied as to their licensure qualifications and reliability. A
certificate required by any provision of this Code shall not be based on such reports
unless the same are recorded by the building code inspector or the architect or engineer
aerformina buildinq code inspections in a manner specified by the building official. The
69IPage
building official shall ensure that all persons making such inspections shall be certified
in accordance to Chapter 468 471 or 481, 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. To be made after trenches are excavated and forms erected_
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 iob except where concrete is ready mixed in accordance with ASTM C 94, the
concrete need not be on the iob and shall, at a minimum, include the following building
components:
• Stem -wall
Monolithic slab -on -grade
Piling /pile caps
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• Footers/grade beams
1.1. Slab Inspection: Concrete slab and under-floor inspections shall be made after in-
slab or under-floor reinforcing steel and building service equipment, conduit, piping
accessories and other ancillary equipment items are in place, but before any concrete is
placed or floor sheathing installed, including the subfloor.
1.2 A foundation/form board survey prepared and certified by a registered surveyor,
shall be made available on the iob site for verification by the inspector prior to approval
of the inspection that allows establishment of structure above grade. The survey shall
certify placement of the building on the site illustrate all surrounding setback
dimensions and include grade floor elevation.
1.4-3. 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 shall be submitted to the City's Planning Department for approval.
1.4 Lintel Inspection: Shall be made after erecting or altering concrete masonry walls
and installing reinforcing steel, prior to the grouting of cells, lintels and/or tie beams.
2. Framing inspection. To be made after the roof deck or sheathing, all framing,
fireblocking and bracing is in place, all concealing wiring, all pipes, chimneys, ducts and
vents are complete and all required rough electrical, plumbing, mechanical, and gas
inspections have been approved, and shall at a minimum include the following building
components:
• Window/door framing and installation
• VeFtiGal GelISIGGIUMRS
• LintelAie beams
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Z:'
0 Framing/trusses/bracing/connectors (compliant with the reviewed plans and truss
engineering)
0 Draft stopping/fire blocking
* Curtain wall framing
0 Accessibility.
* Egress/escape and rescue openings
K inspection. To be made either as paFt of a dry iR inspeGtiOR eF dene
sepaFately at the Fequest of the GentFaGtGF after all roof and wall sheathing is in place
and fasteners are complete and shall at a minimum include the following building
components:
0 Roof sheathing
• Wall sheathing
* Sheathing fasteners
* Window/door buck attachment
0 Exterior strapping to be concealed
NOTE: Sheathing fasteners installed and found to be missing the structural member
(shiners) shall be removed and properly reinstalled prior to the approval of this
inspection.
3.1. Insulation /Energy Inspection: Shall be made after the framing inspection is
approved, the building is weather tight and the insulation is in place.
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I
3 Metal Base Lath Inspection: Shall be made after exterior lathing is in place, but
before any plastering is applied in preparation for the addition of a cement based plaster
material and shall be installed in accordance with ASTIVI C 926 and ASTIVI C 1063.
3.3 Gypsum Board/Drywall Fastening Inspection:
Shall be made after gypsum board/interior wall board installed and is fastened in place,
but before any plastering is applied or gypsum board joints and fasteners are taped and
finished or otherwise covered.
3.4 Fire Rated Assembly_ Fastening Inspection; Shall be made after fire rated board is
fastened in place, but before any plastering is applied or fire rated board joints and
fasteners are taped and finished or otherwise covered.
4. Roofing inspection. Shall be made as a minimum of two inspections and shall include
the following building components:
0 Dry-in
0 Insulation
9 Roof coverings (including In Progress as necessary)
• Flashing
5. Final inspection. To be made after the building is completed and ready for
occupancy.
5.1. In flood hazard areas, as part of the final inspection a final certificate of the lowest
floor elevation required in Section 1612.5 shall be submitted to the City's Planning
Department for approval.
6. Swimming pool inspections:
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6.1. Pool Foundation Inspection:
Shall be made after excavation, installation of forms and reinforcing steel, and prior to
placing of concrete shell.
6.2. Pool Plumbing Rough Inspection:
To be made prior to placing concrete shell.
All piping to be inspected shall be under a minimum pressure of 35psi for fifteen
Piping shall be sufficiently exposed to verify code compliance. All fiffings shall be
6.3. Light Niche Bonding Inspection.
Shell bonding shall be approved prior to placing the concrete shell. Verify bonding
requirements and clamps for code compliance. Clamps shall not require silicone or
other covering.
6.4. Pool Bonding Grid Inspection
Shall be approved prior to installation of the pool deck. Verify equipotential bond and all
applicable connections requiring bonding. Verify minimum burial depth of conductors to
pool eguipment.
6.5. Main Drain Piping Inspection:
Piping shall be complete and run to equipment location. Piping shall be sufficientIV
exposed to verify code -compliance; all fiftings shall be exposed. Piping shall be under a
minimum pressure of 35psi for fifteen minutes,
6.6. Pool Deck Inspection:
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All previous required inspections shall be approved prior to the pool deck inspection.
Inspector shall verify compaction of soil; verify termite treatment within one foot of
structure; and verify structural components (if applicable). Deck area shall be
completely prepared for application of final deck material. The contractor shall verify
compaction of soil prior to scheduling inspection If a correction notice is issued by the
building official for the compaction of soil an engineer registered under Chapter 471,
Florida Statutes, shall certify compaction density.
6.7. Child Safety Act Inspection:
Shall comply with the requirements relating to pool safety features as described in
Section 424.2.17, Florida Statutes Verify safety glazing within 60" of pool water's edge.
Inspection approval is required prior to filling pool with water.
6.8. Final Electric Inspection:
Verify all bonding and wiring is in accordance with this Code. Verify bonding of all metal
within 60" of pools edge and all equipment is properly bonded.
Inspection approval is required prior to filling pool with water.
6.9. Final Plumbing Inspection:
Verify all plumbing connections are water tight; verify all covers and finishes of piping
are in place; and verify anti - entrapment device installation is complete.
Pool is required to be fully operational.
6.10. Final Electric Inspection:
Verify all bonding and wiring is in accordance with this Code. Verify bonding of all metal
within 60" of pools edge all equipment is properly bonded and GFCI protection is
provided as required.
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6.11. Final Pool Inspection.
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 and the following:
All required inspections shall be approved. All permits issued in relation to the
installation of the pool shall have received a final approved inspection (i.e., solar, gas,
etc.).
Pool shall be fully operational; final grading to be completed; and final grade to be
mulched seeded or sodded to restore original vegetation or plan specifications.
All construction materials and debris shall be removed from iobsite prior to final
inspection.
Any damaged right -of -way shall be repaired.
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
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(see Section 423.27.20 of this code).
9. Where impact resistant coverings or impact resistant systems are installed the
building official shall schedule adequate inspections of impact resistant coverings or
impact resistant systems to determine the following:
The system indicated on the plans was installed.
The system is installed in accordance with the manufacturer's installation instructions
and the product approval.
Electrical:
1. Underground inspection. To be made after trenches or ditches are excavated, conduit
or cable installed, and before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in
place and prior to the installation of wall or ceiling membranes.
3. Final inspection. To be made after the building is complete, all required electrical
fixtures are in place and properly connected or protected, and the structure is ready for
occupancy. Building or work space is required to be energized to receive a final
inspection.
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
77 1 P a cy C� e
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. Mechanical
system is required to be energized and working for the final inspection.
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.
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41(1�FFame Inspertion Rac+or+ ed.
r
110.3.5 Lath and gypsum board inspection. Lath and gypsum board inspections shall
be made after lathing and gypsum board, interior or exterior, is in place, but before any
plastering is applied or gypsum board joints and fasteners are taped and finished.
Exr.eption! Gypsum board that is not paFt ef a fiFe resistaRGe rated assembly eF a sheaF
assembly.
110.3.6 Fire- and smoke - resistant penetrations. Protection of joints and penetrations
in fire - resistant -rated assemblies, smoke barriers and smoke partitions shall not be
concealed from view until inspected and approved.
110.3.7 Energy efficiency inspections. Inspections shall be made to determine
compliance with chapter 13 and shall include, but not limited to, inspections for;
envelope insulation R- and U- values, fenestration U- value, duct system R- value, and
HVAC and water - heating equipment efficiency.
110.3.8 Other inspections In addition to the inspections specified in Sections 110.3
through 110.3.7, the building official is authorized to make or require other inspections
of any construction work to ascertain compliance with the provisions of this Code and
other laws that are enforced by the department of building safety.
110.3.8.1 Obtain Electric Service. A pre -power electrical inspection is required prior to
installing the electric meter and energizing the structure or a specific occupancy. All
...............
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electrical components and connections shall be completed and maintained in a safe
condition.
110.3.9 Special inspections and tests. p°cnn,o,�
Special inspections and tests shall be performed in accordance with the applicable
sections of this Code as necessary to ensure compliance.
Structural Steep Structural steel 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 A signed, sealed engineering report produced by a Florida registered engineer
with a positive conclusion is required to be submitted to the building official at the time
of inspection for any structural steel that involves welding or bolting.
110.3.10 Final inspection. Resepie The final inspection shall be made after all work
required by the building permit is completed and any as -built plans have been approved
for revisions.
110.3.10.1 Flood Hazard documentation.
Rese;-.ted: In flood hazard areas as part of the final inspection a final certificate of the
lowest floor elevation required in Section 1612.5 shall be submitted to the City's
Planning Department for approval.
110.3.11 Termites. Building components and building surroundings required to be
protected from termite damage in accordance with Section 1503.7, 2304.11.6 or
2304.13, specifically required to be inspected for termites in accordance with Section
2114, or required to have chemical soil treatment in accordance with Section 1816 shall
not be covered or concealed until the release from the building official has been
received.
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110.3.12 Impact - resistant coverings or systems. Where impact resistant coverings or
impact resistant systems are installed to meet requirements of this Code, the building
official shall schedule adequate inspections of impact resistant coverings or impact
resistant systems to determine the following:
1. The system indicated on the plans was installed.
2. The system is installed in accordance with the manufacturer's installation
instructions and the product approval.
110.4 Inspection agencies. Renewed. The building official is authorized to accept
reports of approved inspection agencies in accordance with Section 110.1.2, 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. Requests shall be made prior
to 3:30 PM the business day before the inspection is needed.
110.6 Approval required. Work shall not be done beyond the point indicated in each
successive inspection without first obtaining the approval of the building official. The
building official, upon notification, shall make the requested inspections and shall either
indicate the portion of the construction that is satisfactory as completed, or notify the
permit holder or his or her agent wherein the same fails to comply with this Code. Any
portions that do not comply shall be corrected and such portion shall not be covered or
concealed until authorized by the building official.
110.7 Shoring. For threshold buildings, shoring and associated formwork or falsework
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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.
110.8 Threshold building.
110.8.1 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.
110.8.2 The special inspector shall determine that a professional engineer who
specializes in shoring design has inspected the shoring and reshoring for conformance
with the shoring and reshoring plans submitted to the enforcing agency. A fee simple
title owner of a building, which does not meet the minimum size, height, occupancy,
occupancy classification, or number -of- stories criteria which would result in
classification as a threshold building under s. 553.71(7), may designate such building as
a threshold building, subject to more than the minimum number of inspections required
by the Florida Building Code.
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110.8.3 The fee owner of a threshold building shall select and pay all costs of employing
a special inspector, but the special inspector shall be responsible to the enforcement
agency. The inspector shall be a person certified, licensed or registered under Chapter
471, Florida Statutes, as an engineer or under Chapter 481, Florida Statutes, as an
architect.
110.8.4 Each enforcement agency shall require that, on every threshold building:
110.8.4.1 The special inspector, upon completion of the building and prior to the
issuance of a certificate of occupancy, file a signed and sealed statement with the
enforcement agency in substantially the following form: "To the best of my knowledge
and belief, the above described construction of all structural load-bearing components
complies with the permitted documents, and the shoring and reshoring conforms to the
shoring and reshoring plans submitted to the enforcement agency."
110.8.4.2 Any proposal to install an alternate structural product or system to which
building codes apply be submitted to the enforcement agency for review for compliance
with the codes and made part of the enforcement agency's recorded set of permit
documents.
110.8.4.3 All shoring and reshoring procedures, plans and details be submitted to the
enforcement agency for recordkeeping. Each shoring and reshoring installation shall be
supervised, inspected and certified to be in compliance with the shoring documents by
the contractor.
110.8.4.4 All plans for the building which are required to be signed and sealed by the
architect or engineer of record contain a statement that, to the best of the architect's or
engineer's knowledge, the plans and specifications comply with the applicable minimum
83 1 P a e
building codes and the applicable fire - safety standards as determined by the local
authority in accordance with this section and Chapter 633, Florida Statutes. .
110.8.5 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.
110.8.6 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.
110.9 Site Debris All contractors are responsible for assuring that the work sites and
the adjacent streets are not littered during the construction period. This obligation and
duty includes unused or discarded work materials in addition to personal trash of the
workmen (lunch items cans papers etc) All debris shall be kept in such a manner as
to prevent it from being spread by and means Construction job sites must be kept
clean such that accumulation of construction debris must not remain on the property
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exceeding fourteen days The contractor and/or owner of any active or inactive
construction protect shall be responsible for the clean -up and removal of all construction
debris or any other miscellaneous discarded articles prior to receiving a final inspection
approval All waste removal receptacles must by city approved.
11010 After Hours Inspections. The term after hours shall mean that time after 5:00
p.m. and prior to 8.00 a.m. week work days. In the event that a permitted construction
project requires after hours or weekend inspections, requests shall be completed within
the specified time frame and the fee for such inspection shall be paid in accordance
with the established fee table In order to obtain after hours inspection, the following
must be met:
* Requests must be made before noon on the day preceding the day the inspection.
* Requests for weekend or holiday inspections must be requested by noon on
Wednesday, preceding the weekend or holiday.
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
therefor 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 City juFisdiGtiGR.
Exception: Certificates of occupancy are not required for work exempt from permits
under Section 105.2.
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111.1.1 Change of Use or Occupancy. Prior to any business, restaurant or other
commercial establishment opening for business, a permit will always be required with
the minimum submittal documents to include a life safety plan, meeting the
requirements of Section 107.2.1 to verify compliance with accessibility and egress. Any
changes to the building or structure will also be required to be shown. Any addition
documentation may be required to be submitted, at the discretion of the building official.
The change in occupancy may result in other matters arising such as a need to address
changes in impacts to public facilities to include, but not be limited to, the assessment of
additional impact fees.
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.
86 1 P a g e
I
7. The name of the building official.
8. The edition of the code under which the permit was issued.
9. The use and occupancy, in accordance with the provisions of Chapter 3.
10. The type of construction as defined in Chapter 6.
11. The design occupant load.
12. If an automatic sprinkler system is provided, whether the sprinkler system is
required.
13. Any special stipulations and conditions of the building permit.
111.3 Temporary OGGUpaAGY. The b0ding Gffidial is authoFized to issue a tempera
GeFtifiGate ef OGGUpaRGy before the GOMPletien of the entire werk Govered by the peRvit,
PFE)vided that SUGh PGFUOR GF PE)Ftions shall be GGGUpied safely. The bu#Gqng effiGial Shall
set a time peFied duFing WhiGh the tempeFaFy GeFtifiGate Of E)GGUpanGy is valid-.
111.3 Stocking and Training. The building official is authorized to issue a stocking and
training permit to allow for the stocking of merchandise and the training of employees
but does not allow occupancy of the structure by the public or to operate any business.
111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a
certificate of occupancy or completion issued under the provisions of this code wherever
the certificate is issued in error, or on the basis of incorrect information supplied, or
where it is determined that the building or structure or portion thereof is in violation of
any ordinance or regulation or any of the provisions of this Code, or failure to pay an
impact fee or Payments under a fair share agreement between the applicant and the
City in a timely manner as prescribed in the written agreement.
111.5 Certificate of Completion. A Certificate of Completion is proof that a structure
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or system is complete and for certain types of permits is released for use and may be
connected to a utility system. This certificate does not grant authority to occupy a
building, such as shell building, prior to the issuance of a Certificate of Occupancy.
SECTION 112
SERVICE UTILITIES
112.1 Connection of service utilities. No person shall make connections from a utility,
source of energy, fuel or power to any building or system that is regulated by this Code
for which a permit is required, until released by the building official.
112.2 Temporary connection. The building official shall have the authority to authorize
the temporary connection of the building or system to the utility source of energy, fuel or
power.
112.3 Authority to disconnect service utilities. The building official shall have the
authority to authorize disconnection of utility service to the building, structure or system
regulated by this Code and the referenced codes and standards set forth in Section
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
-1 • 1 . , • , . .
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RESERVED
SECTION 114
VIOLATIONS
Res epveQ-
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 or the building official's representative 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 The building official shall coordinate and collaborate actions with the code
enforcement personnel of the City.
114.3 Prosecution of violation. If the notice of violation is not complied with promptly,
the building official or the building official's representative is authorized to request the
legal counsel of the City to institute the appropriate proceeding at law 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
891Paae
comply with any of the requirements thereof or who erects, constructs, alters or repairs
a building or structure in violation of the approved construction documents or directive of
the building official, or of a permit or certificate issued under the provisions of this Code,
shall be subject to penalties as prescribed by law and any and all code enforcement
remedies available to the City under controlling law. The City Attorney shall be
consulted with regard to all code enforcement activities that would result in revocation of
permits, the cessation of utility service, entry into or onto property that would require an
administrative inspection warrant and any other action that is likely to affect the
substantial rights of a property owner.
SECTION 115
STOP WORK ORDER
115.1 Authority. Whenever the building official finds any work regulated by this Code
being performed in a manner either contrary to the provisions of this Code or dangerous
or unsafe, the building official is authorized to issue a stop work order.
115.2 Issuance. The stop work order shall be in writing and shall be given to the owner
of the property involved, or to the owner's agent, or to the person doing the work. Upon
issuance of a stop work order, the cited work shall immediately cease. The stop work
order shall state the reason for the order, and the conditions under which the cited work
will be permitted to resume.
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.
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SECTION 116
UNSAFE STRUCTURES AND EQUIPMENT
116.1 Conditions. Structures or existing equipment that are or hereafter become
unsafe, insanitary or deficient because of inadequate means of egress facilities,
inadequate light and ventilation, or which constitute a fire hazard, or are otherwise
dangerous to human life or the public welfare, or that involve illegal or improper
occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe
structures shall be taken down and removed or made safe, as the building official
deems necessary and as provided for in this section. A vacant structure that is not
secured against entry shall be deemed unsafe. Condemnation and demolition
processes under the City Code may be utilized.
116.2 Records. The building official shall cause a report to be filed on an unsafe
condition. The report shall state the occupancy of the structure and the nature of the
unsafe condition.
116.3 Notices. If an unsafe condition is found, the building official shall serve on the
owner, agent or person in control of the structure, a written notice that describes the
condition deemed unsafe and specifies the required repairs or improvements to be
made to abate the unsafe condition, or that requires the unsafe structure to be
demolished within a stipulated time. Such notice shall require the person thus notified to
declare immediately to the building official acceptance or rejection of the terms of the
order.
116.4 Method of service. Such notice shall be deemed properly served if a copy
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thereof is (a) delivered to the owner personally (b) sent by certified or registered mail
addressed to the owner at the last known address with the return receipt requested; or
(c) delivered in any other manner as prescribed by local law. If the certified or registered
letter is returned showing that the letter was not delivered, a copy thereof shall be
posted in a conspicuous place in or about the structure affected by such notice. Service
of such notice in the foregoing manner upon the owner's agent or upon the person
responsible for the structure shall constitute service of notice upon the owner.
116.5 Restoration The structure or equipment determined to be unsafe by the building
official is permitted to be restored to a safe condition. To the extent that repairs,
alterations or additions are made or a change of occupancy occurs during the
restoration of the structure such repairs alterations additions or change of occupancy
shall comply with the requirements of Section 105.2.2 and the Florida Building Code
Existing.
SECTION 117
VARIANCES IN FLOOD HAZARD AREAS
117.1 Flood hazard areas. Pursuant to Section 553.73(5), Florida Statues, 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 Section
R322 of the Florida Building Code, Residential. This section shall not apply to Section
3109 of the Florida Building Code, Building.
Section 5. Savings. The prior actions of the City of Sanford relating to the
application and implementation of technical building Codes, building permits and
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certificates of occupancy are hereby ratified and affirmed; provided, however, that the
City reserves all rights relative to code enforcement and the enforcement of law with
regard to properties that are in violation of codes or which had permits and approvals
improvidently issued.
Section 6. Implementing Administrative Actions /Fees. The City Manager, or
designee, is hereby authorized and directed to implement the provisions of this
Ordinance and to take any and all necessary administrative actions to include, but not
be limited to, the adoption of administrative rules that are not inconsistent with the
provisions of the Florida Building Code and which relate solely to internal administrative
matters of the City. Fees shall be assessed in accordance with fee resolutions, as
adopted from time -to -time, by the City Commission; provided, however, that, in the
event that a particular activity or function does not have a specific designated fees
associated therewith, the City Manager may promulgate a fee for such activity or
function and such imposition shall be reported to the City Commission and included in
the appropriate fee resolution as soon as practicable.
Section 7. Enforcement And Penalties. The City may enforce the provisions of
this Ordinance by any means available to the City under the City of Sanford Code of
Ordinances or as may be available under the controlling provisions of Federal or State
law. The City Manager, in conjunction with the City Attorney, is authorized to direct the
pursuit of any legal remedy available under controlling State Law.
Section 8. Conflicts. All ordinances or part of ordinances in conflict with
this Ordinance are hereby repealed
Section 9. Severability. If any section, sentence, phrase, word, or
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other section, sentence, phrase, word, or portion of this Ordinance not otherwise
determined to be invalid, unlawful, or unconstitutional.
Section 10. Codification; Scrivener's Errors.
(a). It is the intention of the City Commission of the City of Sanford, Florida that
Sections 1, 2, 4, 6 and 7 of this Ordinance shall become and be made part of the City of
Sanford Code of Ordinances.
(b). The sections of this Ordinance may be renumbered or relettered -and that the
word "Ordinance" may be changed to "section ", "article" or- -some other appropriate word
or phrase to accomplish codification.
(c). The provisions of this Ordinance shall be codified in such manner as may
be appropriate in consultation between the City Clerk and the Building Official in
accordance with the provisions of Section 1 -10 of the City Code.
(d). Typographical errors and other matters of a similar nature that do not affect
the intent of this Ordinance, as determined by the City Clerk and City Attorney, may be
corrected with the authorization of the City Manager, or designee, without the need for a
public hearing.
Section 11. Effective Date This Ordinance shall take effect immediately upon
enactment.
Passed and adopted this 24th day of August, 2015.
Attest.
City Commission of the City of
Sanford, Florida
0a` , 0714--11
Cynthia Porter, City Clerk Jeff i I ,
93 Page
Approved as to form and legal sufficiency.
William L. Colbert, City Attorney
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Item No. I I Al
CITY COMMISSION MEMORANDUM 15.1441
AUGUST 24, 2015 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Cynthia Porter, City Clerk
SUBMITTED BY: Norton N. Bonaparte, Jr., Cit Manage
SUBJECT: Sanford Code of Ordinances Section 18 -2 Re al & Update
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
® Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Ordinance No. 4350, repealing Section 18 -2 of the City Code regarding building codes and
updating with amended provisions of the Florida Building Code 5th Edition (2014)
Administrative Chapter, is being presented for second reading and adoption.
FISCAL/STAFFING STATEMENT:
The enforcement of Building Codes and life safety on properties located within the City, as
required by the Florida Building Code, will favorably impact the City from a fiscal perspective
as the value and safety of property located in the City will be maintained and enhanced resulting
in revenue generation for the City.
BACKGROUND:
The City Commission is committed to continuing efforts that address the critical issues of safety,
energy efficiency, and resilience in the building environment that affects our citizens, both in
everyday life and in times of natural disaster, while providing confidence to the public that
structures are safe and sound. The City Commission has determined that active participation in
the enforcement of building construction regulation positively benefits public safety and the
general welfare of its citizens.
The proposed ordinance repeals the current Section 18 -2 of the City Code to adopt the Florida
Building Code 5th Edition (2014) Administrative Code (with localized changes). The proposed
ordinance follows the legislative intent by the state for each municipality to adopt their own
specific Administration section of the Florida Building Code.
The City Commission approved first reading of Ordinance No. 4350 on August 10, 2015.
The City Clerk published notice of the public hearing in the Sanford Herald on August 9, 2015.
LEGAL REVIEW:
The Assistant City Attorney prepared the proposed ordinance and assisted in this project.
RECOMMENDATION:
It is Staff's recommendation that the City Commission adopt Ordinance No. 4350.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4350."
Attachment: Ordinance No. 4350