Loading...
Ordinance 12-2015 Building Codes1 1 V • 1 1 _• • M• 1 i • • WHEREAS, the Town of Palm Beach wishes to adopt amendments to Chapter 1 of the Florida Building Code in accordance with the provisions of that Code. Section 1. The Town of Palm Beach Florida Building Code Administrative Amendments are hereby adopted in their entirety, in the manner and form attached hereto. Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 10th day of March, 2015, and for second and final reading on this 15th day of April, 201 . ail L. Conig io, Mayor Michea J. Pucillo, own Council President fil Richard M. Kleid, President Pro Tem ATTEST: ,tea §Li san Owens, own Clerk nielle H. Mor Town/Council e P—en-61qp6t). Townsend, Town Council Member r L Obert N. Wildrick, Town Council Member Ordinance No. 012-2015 Page 2 of 2 Ani nielle H. Mor Town/Council e P—en-61qp6t). Townsend, Town Council Member r L Obert N. Wildrick, Town Council Member Ordinance No. 012-2015 Page 2 of 2 PLANNING, ZONING AND BUILDING DEPARTMENT CUMULATIVE TABLE OF CONTENTS OF FLORIDA BUILDING CODE AME' NDMENTS ADOPTED , 2015 ........... ..~~..^~^._-'--_-_-_-'_ -_--_--___-,,-- Cede 2004 200-7, -a flyeseven ve-lume e -ed -e entitled: d. FlRrod;; 13. Mechaniea4-; Building Gede 200:7, Residential; ..-- Building Cede 2007, Existing 9�� and the P atienal Ewe - Gen licts may exist, the mest stFingent FeqUiFement shall apply. The town's amendments, corrections additions and deletions tothe Florida Building and adopted by Ordinance of the Town Council of the Town of Palm Beach, and may be amended as needed by resolution, and are set forth in this section. The amendments, corrections, additions and deletions are set forth with reference to and prefaced by the section number and title within the Florida Building Cc -ode. 4 4 101.1 Title. These regulations shall be known as the Town of Palm Beach Administrative Amendments to the Florida Building Code, hereinafter referred to as "this code." 101.2 Scope. The provisions of this code shall govern the administration and enforcement of the Florida Building Code, the Florida Building Code, Residential, and the Florida Building Code, Existing Building, and shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures as herein amended by the Town of Palm Beach. 101.2.12 Appendices. Provisions in the appendices shall not apply unless specifically adopted. 101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. 101.3.2 Permitting, Plan Review and Inspection. The permitting, plan review or inspection of any building, system or plan by this jurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. This jurisdiction shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur 4 subsequent to such inspection or permitting. Further, no planning, zoning & 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 codes listed in Sections 101.4.1 through 101.4.59 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Electrical. The provisions of Chapter 27 of the Florida Building Code, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.2 Gas. The provisions of the Florida Building Code, Fuel Gas shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.3 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. 101.4.4 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. 101.4.5 Reserved. 101.4.6 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.7 Energy. The provisions of Chapter 13 of the Florida Building Code, Building shall apply to all matters governing the design and construction of buildings for energy efficiency. 5 101.4.8 Accessibility. For provisions related to accessibility, refer to Chapter 11 of the Florida Building Code, Building. 101.4.9 Manufactured Buildings. For additional administrative and special code requirements, see Section 428, Florida Building Code, Building, and Rule 98-1 F.A.C. 101.5 Definitions. The following definitions shall apply to this chapter: 101.5.1 Construction value. The value of all construction including, but not limited to contractor supplied labor and material, subcontractor supplied labor and materials, owner/decorator supplied labor and materials, and all associated overhead, supervision and profit. The construction value should be representative of the market value of construction as established by comparable construction in the town. 101.5.2 Accessory Structure. Any structure incidental to or detached from the principal structure on a property. 101.5.3 Principal Structure. The structure on a property whose use conforms to the allowed use of the property. 101.5.4 Major Plan Rechecking. Second review of construction drawings for code compliance which would normally require a new checklist to be completed. 101.5.5 Major Construction. For the purposes of Sec. 105.4.1.6, major construction means a project involving improvements to real property with a valuation of $250,000 or more. Permitted work with a valuation less than $250,000 becomes major construction when additional permits are issued which cause the total construction value of the project to equal or exceed $250,000. In that event, the date of commencement becomes the date of issuance of the initial permit of the project. 101.5.6 Continuous Construction. For the purposes of this article means major construction occurring on a site where a major construction proiect has been completed within the past twelve months. 101.5.7 Date of commencement. For the purposes of this article means the date on which the first permit is issued for any work on a property. APPLICABILITY 102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 6 Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design, construction, erection, alteration, modification, repair or demolition of public or private buildings, structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally, 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. In addition to the requirements of this code, there may be other regulations by other agencies affecting details of development, building design and construction. 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 ^{ }"ir ^^^ the Florida Building Code, Existing Building. The following buildings, structures and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: (a) Building and structures specifically regulated and preempted by the federal government. (b) Railroads and ancillary facilities associated with the railroad. (c) Nonresidential farm buildings on farms. (d) Temporary buildings or sheds used exclusively for construction purposes. (e) Mobile or modular structures used as temporary offices, except that the provisions of Part II (Section 553.501-553.513, Florida Statutes) relating to accessibility by persons with disabilities. Permits shall be required for structural support and tie down, electric supply and all utility connections to such mobile or modular structures. (f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity. 7 (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. 102.2.1 In addition to the requirements of Section 553.79 and 553.30, Florida Statutes, facilities subject to the provisions of Chapter 395, Florida Statutes, and Part II of 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 II of Chapter 400, Florida Statutes, and the certification requirements of the federal government. 102.2.2 Buildings or structures for residential uses moved into or within the Town of Palm Beach 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 for wind speed requirements of the new location and in occupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not changed as a result of the move; 3. The building is not substantially remodeled; 4. Current fire code requirements for ingress and egress are met; 5. Electrical, gas and plumbing systems meet the codes in force at the time of original construction and are operational and safe for reconnection; and 6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if required by Florida Statutes for all buildings or structures of the residential 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 remodeled. The cost of the foundation on which the moved building or structure is placed shall not s be included in the cost of remodeling for purposes of determining whether a moved building or structure has been substantially remodeled. 102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned buildings and boilers. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.5 Reserved. 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, 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. (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. P OC111 114116 103.1 Establishment. There is hereby established a division to be called the building division and the person in charge shall be known as the building official, wh^ be appointed by and serve at the ..on of the town A ^+ reports to upon the Feee miopi da* ^ the director of the planning, zoning & building department. All code officials employed by the division shall be certified in accordance with Chapter 468, Part XII, Florida Statutes. 103.2 Employee qualifications 9 103.2.1 Building official's qualifications. The building official shall have at least ten years combined experience as an architect, engineer, construction code official, contractor or construction superintendent with at least five years of such experience in supervisory positions. The building official shall be certified as a building code administrator by the State of Florida. 103.2.2 Chief inspector qualifications. The building official, with the approval of the director of the planning, zoning & building department, may designate chief inspectors to administer the provisions of the Building, Electrical, Gas, Mechanical, Plumbing, Residential, and Existing Building Codes. Each chief inspector shall have at least ten years combined experience as an architect, engineer, construction code official, contractor or construction superintendent with at least five years of such experience in supervisory positions. The chief inspector shall be certified for the appropriate trade by the State of Florida. 103.2.3 Plans examiner and inspector qualifications. The building official, with the approval of the director of the planning, zoning & building department, may appoint, contract or hire such number of officers, plans examiners, inspectors, assistants and other employees as shall be authorized from time to time. A person shall not be appointed, contracted or hired as a plans examiner or inspector of construction who has not had at least five years experience as a building inspector, engineer, architect, or as a superintendent, foreman, or competent mechanic in charge of construction, in the corresponding trade. The plans examiners and inspectors shall be qualified for certification, through the State of Florida, for the appropriate trade at the time of hire or contracting. New employees or contractors without certification shall apply for provisional certification within 15 days of hire or contract, be approved for provisional licensing within 90 days of hire or contract and shall obtain standard certification within one year of hire or contract. 103.2.4 Acting "sista * building official qualifications. The director of the planning, zoning & building department may designate an employee or a person in a contractual capacity who shall, during the absence or disability of the building official, or at other such times as determined by the planning, zoning and building director to be in the best interest of the town, exercise all the powers of the building official. The acting assistant building official shall have the same qualifications as listed in 103.2.1. 103.3 Restrictions on employees. An officer, contractual personnel or employee connected with the division, except one whose only connection is as a member of the board established by this code, shall not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless he/she is the owner of such. This officer, contractual personnel or employee shall not engage in any other work which is inconsistent with their duties or conflict with the interests of the division or which utilizes the technical knowledge used in their employment except as instructors. 10 103.4 Records. The building official shall keep, or cause to be kept, a record of the business of the division. The records of the division shall be open to public inspection. 103.5 Liability. Any officer or employee, or member of the Building Board of Adjustments and Appeals, charged with the enforcement of this code, acting for the town in the discharge of her/her duties, shall not thereby render himself/herself personally liable, and is hereby relieved from all personal liability, for any damage that may occur to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee or member because of such act performed by him in the enforcement of any provisions of this code shall be defended by the town until the final termination of the proceedings, unless such person is found to have acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard for the safety, health, and welfare of the public. 103.6 Reports. The building official shall submit annually a report covering the work of the building division during the preceding year if so requested by the director of the planning, zoning & building department or his/her designee. He or she may incorporate in said report a summary of the decisions of the Board of Adjustments and Appeals during said year and any other items as requested by the director of the planning, zoning & building department or his/her designee. I:Mii�fi [OR 5toll 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official is further authorized to render interpretations of this code, which are consistent with its spirit and purpose. 104.2.1 Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the building official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code. If such building or premises are occupied, he/she shall first present proper credentials and request entry. If such building, structure, or premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the building official shall have recourse to every remedy provided by law to secure entry. 104.2.2 When the building official shall have first obtained a proper inspection warrant 11 or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to this code. 104.3 Stop work orders. Whenever the building official finds any work regulated by this code being performed in a manner contrary to the provisions of any applicable codes, dangerous or unsafe, or in violation of stated conditions of the permit, the building official is authorized to issue a stop work order. 104.3.1 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, or posted prominently on the job site if no one is present. Where an emergency exists, or work which requires a permit is being performed prior to the issuance of a permit, except as allowed in 105.2.1 or 105.12, the building official shall not be required to give a written notice prior to stopping the work. 104.3.2 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. 104.4.1 Misrepresentation of application. The building official is authorized to suspend or revoke, in writing, any permit, approval, certificate of completion or certificate of occupancy issued under the provisions of this code where issued in error, or on the basis of incorrect information supplied. 104.4.2 Violation of code provisions. The building official may suspend or revoke a permit upon the determination of the building official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with any ordinance or regulation or any provisions of this code. 104.5 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with this Code. The extent of repairs shall be determined by the building official. 12 When the building official determines that an unsafe building, structure or service system cannot be reasonably repaired in accordance with this or the technical codes, it shall be demolished in accordance with this section. 104.5.1 When the building official determines a building, structure, electrical, gas, mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall, in accordance with established procedure for legal notices, give the owner, agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, structure, electrical, gas, mechanical or plumbing system or portion thereof. 104.5.2 If necessary, such notice shall also require the building, structure, electrical, gas, mechanical, plumbing systems or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the building official. The building official shall cause to be posted at each entrance to such building a notice stating: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or its officers, agents, or other servants, to remove such notice without written permission of the building official, or for any person to enter the building, or use such systems except for the purpose of making the required repairs or of demolishing same. 104.5.3 The owner, agent or person in control shall have the right to appeal from the decision of the building official, as provided hereinafter, and to appear before the building board of adjustment and appeals at a specified time and place to show cause why he should not comply with said notice. 104.5.4 In case the owner, agent, or person in control cannot be found within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate, or to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof, the building official, after having ascertained the cost, shall cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof, to be demolished, secured, or required to remain vacant or unused. 104.5.5 The decision of the building official shall be final in cases of emergency, which, in the opinion of the building official, involve imminent danger to human life or health, or the property of others. He/she shall promptly cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof to be made safe or cause its removal. For this purpose he/she may at once enter such structure or land on which it stands, or abutting land or structures, with such assistance and at such cost as he may deem necessary. He/she may order the vacating of adjacent structures and may 13 require the protection of the public by appropriate fence or such other means as may be necessary, and for this purpose may close a public or private way. 104.5.6 Costs incurred under 104.5.4 and 104.5.5 shall be charged to the owner of the premises involved. If charges are not paid within a ten (10) day period following the billing notification sent by certified mail, the owner of the premises will be charged in the following manner: 1. The building official shall assess the entire cost of such vacation, demolition, or removal against the real property upon which such cost was incurred, which assessment shall include but not be limited to all administrative costs, postal expenses, newspaper publication, and shall constitute a lien upon such property superior to all others except taxes. 2. The Clerk of the Circuit Court shall file such lien in the County's Official Record Book showing the nature of such lien, the amount thereof and an accurate legal description of the property, including the street address, which lien shall be effective from the date of filing and recite the names of all persons notified and interested persons. After three (3) months from the filing of any such lien which remains unpaid, the governing body may foreclose the lien in the same manner as mortgage liens are foreclosed. Such lien shall bear interest from date of abatement of nuisance at the rate of 10 percent per annum and shall be enforceable if unsatisfied as other liens may be enforced by the governing agency. 104.6 Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or the other technical codes, shall be determined by the building official. In addition, other requirements to implement, clarify or set procedures to accomplish the intent of this code may be set in writing by the building official and may be posted electronically for public access. 104.7 Reserved. 104.8 Reserved. 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 Reserved. 14 104.11 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 jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. 104.11.3 Accessibility. Alternative designs and technologies for providing access to and usability of a facility for persons with disabilities shall be in accordance with Section 11- 2.2 of the Florida Building Code. 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 electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Supervision. There shall be only one primary contractor per job site; all other contractors shall be required to become subcontractors to the primary contractor, unless otherwise approved by the building official. Electrical and plumbing work shall 15 have full-time supervision by a certified journeyman on site where such work of any nature is in progress. 105.1.2 Single or Two -Family Owner Acting as Contractor. A sole owner may make application for permit and supervise the work in connection with the construction maintenance, alterations, or repairs of a single family to two family residence for their OWN USE AND OCCUPANCY and not intended for sale if they can demonstrate competency to do such work by passing the Town's owner/builder exam or by presenting other tests or certifications approved by the building official. The construction of more than one residence by an individual owner in any twelve (12) month period or offering site for sale shall be construed as contracting and such owner shall then be required to be licensed as a contractor. Such licensed contractor or sole owner shall be held responsible to the building official for the proper supervision and conduct of all work covered thereby. All subcontractor permits shall be applied for by contractors currently licensed in their respective field. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: RM 1. Building permits are not required for replacement or repair work having value of less than $1,500, providing, however, that such work will not eaffect the structural integrity, fire rating, exit access or egress requirements. 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 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. 16 5. Replacement of any part which does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less. 8. The installation, replacement, removal or metering of any load management control device. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3. The replacement of common household plumbing fixtures to existing supply lines and outlets, unless acting as a subcontractor, or other permits are involved. This does not include water heaters. Electrical: 1. Repair or replacement of common household electrical switches and outlets on the load side of the electrical source. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. Prior notification shall be given to the building official including the work address, nature of emergency and scope of work. 105.2.2 Minor repairs. Ordinary minor repairs or installation of replacement parts may be made with the approval of the building official without a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; additionally, ordinary minor repairs shall not 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. 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the building division for that purpose. Permit 17 application forms shall 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 of that date. For a building permit for which an application is submitted prior to the effective date of the latest edition of Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefore. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. When authorized through contractual agreement with a school board, in acting on applications for permits, the building official shall give first priority to any applications for the construction of, or addition or renovation to, any school or educational facility. 105.3.1.1 If a state university, state community college or public school district elects to use the Town of Palm Beach code enforcement offices, fees charged by the Town of Palm Beach for enforcement of the Florida Building Code on buildings, structures, and facilities of state universities, state colleges, and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the code. 105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair, or addition unless the applicant for such permit provides to the town any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes: 1. Electrical documents for any new building or addition which requires an aggregate service capacity of 600 amperes (240 volts) or more on a residential electrical system or 800 amperes (240 volts) or more on a commercial or industrial electrical system and which costs more than $50,000. 2. Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than $50,000. 18 3. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. A Contractor I, Contractor II, or Contractor IV, certified under Section 633.521 Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 4. 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 $50,000. This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one, two, three or four -family structure. An air-conditioning system may be designed by an installing air- conditioning contractor certified under Chapter 489, Florida Statutes, to serve any building or addition which is designed to accommodate fewer than 100 persons and requires an air- conditioning system with a value of $50,000 or less; and when a 15 -ton -per system or less is designed for a singular space of a building and each 15 -ton system or less has an independent duct system. Systems not complying with the above require design documents that are to be sealed by a professional engineer. Example 1: When a space has two 10 -ton systems with each having an independent duct system, the contractor may design these two systems since each unit (system) is less than 15 tons. Example 2: Consider a small single -story office building which consists of six individual offices where each office has a single three -ton package air conditioning heat pump. The six heat pumps are connected to a single water cooling tower. The cost of the entire heating, ventilation and air-conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18 -ton system. It therefore could not be designed by a mechanical or air conditioning contractor. 19 NOTE: It was further clarified by the Florida Building Commission that the limiting criteria of 100 persons and $50,000 apply to the building occupancy load and the cost for the total air-conditioning system of the building. 5. 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. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and stamped such document as provided in Section 471.025, Florida Statutes. 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned six months 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 three (3) months. The extension shall be requested in writing prior to the abandonment date and justifiable cause demonstrated. Abandoned applications shall be subject to destruction in accordance with state law. 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 therefore unless unusual circumstances require a longer time for processing the application or unless the permit application fails to satisfy the Florida Building Code or the town's laws or ordinances. 105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida Statutes, Workers' Compensation, every employer shall, as a condition to receiving a building permit, show proof that it has secured compensation for its employees as provided in Section 440.10 and 440.38, Florida Statutes. 105.3.6 Asbestos removal. Moving, removal or disposal of asbestos -containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner -builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting 20 agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos -containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or lease such building within one 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. MM V 11111560 , 11 o 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 expire unless the work authorized by such permit is commenced within three months after its issuance, or if the work authorized by such permit is suspended or abandoned for 2D_ -period of one (1) month or greater 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 permit for reactivation npe—it eeveFiRg the PFOpesed ^ nstF etie 1 shall be obtained and a reactivation fee shall be paid before proceeding with the work. 105.4.1.2 If a reactivationnew permit is not obtained within six months from the date the initial permit was revoked, became null and void, or expired, 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 was revoked, became null and void or expired, and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. In such instances, standard permit fees shall a RD I. 21 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within six months. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than three (3) months each, for those protects not subject to the maximum time schedule as outlined in 105.4.1.6 or 105.4.1.7. The extension shall be requested in writing and justifiable cause demonstrated, prior to expiration. 105.4.1.4 The fee for renewal, reactivation, re -issuance and extension of a permit shall be adopted by resolution of the Town Council. 105.4.1.5 Permitted work days and hours. Construction days and times within the various zoning districts in the town are regulated in the Town of Palm Beach Code of Ordinances, Chapter 42, Article V, "Noise". Additionally, A9 GORStFUGAORR . Emergency work or repair must be approved by the building effieial Ri, rcprcoctrc+ cive In accordance with section 42- 199(c)(3). 105.4.1.6 Agreed maximum time schedule for completion of construction. A maximum time calculated from the date of commencement is established for the completion of major construction projects in the construction schedule shown in Table 1 herein. Said maximum time is a condition of all applicable permits and applicant and owner accept such condition upon acceptance of a permit. The construction schedule shall take into effect historical data of the town of construction of similar structures within the limits of the town. Failure of the permit holder to complete construction under the permit in accordance with the maximum time schedule shall be prima facie evidence that the building project has not been commenced or has been suspended or abandoned. Such prima facie evidence shall be in addition to any other evidence that construction under the permit has not been commenced or has been suspended or abandoned under the permit. This schedule may be extended to accommodate additional time for individual condominium units that are required by condominium rules and regulations to cease work during the season as defined by the rules and regulations of the condominium association. This extension shall be equal to the number of months during which construction is required by the condominium rules to cease. Similarly, for residential projects in the C -WA zoning district, this schedule may be extended to take into account the period of time during which 22 construction is required to cease in the C -WA zoning district as specified in section 42-199(b) pursuant to Town regulations. = : e ► _retdw► &III:1 111114 Projects 3,999 sq. ft. or less 1 16 months ' . — � 111 • • ..• • � 1 • j;.—MGj;GMMG 111 . 1 • • ••• • 1 _. so 42- 36 months To be determined Projects larger than 40,000 sq. ft.by the Town Council prior to permit issuance *Principal structures 16 months 24 months 30 months 36 months 42 months To be determined by the Town Council prior to permit issuance a. Requests for extension from this schedule will be considered by the Town Council and approval may be granted for good cause shown as determined in the sole discretion of the Town Council. Said request for extension shall be filed with the Town by the contractor and the owner no later than 45 calendar days, nor earliermOFe than six months, prior to the scheduled completion date. The request for extension shall include reasons for the necessity of granting an extension, a revised construction schedule, proposed nuisance mitigation measures and a statement that notice to neighbors within 200 feet will be provided at least twenty-five days prior to the meeting at which the extension is to be considered. In the event the Town Council determines that good cause is not shown for granting the extension, the Council may deny the extension. In the event the Town Council grants an extension, it may impose conditions on the 23 extension which may include the implementation of mitigation measures deemed appropriate by the Council and the imposition of a fee as established by resolution by the Town Council for each day of the extension beyond the term set forth in the above stated construction schedule. b. In the event no request is made for extension of time from the above referenced schedule, the building permit shall be immediately revoked and all work shall cease and desist on the project. In order to resume work, the contractor and the owner must apply to the Town Council for an extension of time. The application for extension shall include reasons for the necessity of granting an extension of time, a revised construction schedule, proposed nuisance mitigation measures, and a statement that notice to neighbors within 200 feet will be provided at least twenty-five days prior to the hearing before Town Council to consider the extension of time. The Town Council, in its sole discretion, may grant or deny the extension. In the event the Town Council grants an extension, it may impose conditions on the extension which may include the implementation of mitigation measures deemed appropriate by the Council and the imposition of a fee as established by resolution by the town council for each day of the extension beyond the term set forth in the above state construction schedule. In the even the r,,,-n,.il gFan+r an tension, it may endi+ien the exteension upon the payment of - foo of twenty nn+r no rn 4--t pee da fFA of $1,009.1-1- eff day, eF as deteRnined by the Town Gewnnil asFnien�� �r +ho imnriri+inn r.f + ,, +i,+i„n plan ,�„+nrvv�inn,I , ,,rr ,r„ h„ +h., ,. r,,,,n, il If an extension of time is granted, a new permit application is required and a permit reactivation fee shall be paid . C. Failure of the permit holder and/or the property owner to complete the construction within the preceding time table or within the time extension granted by the Town Council constitutes prima facie evidence that the building project has not been commenced or has been suspended or abandoned. All permits will be terminated, and all work at the site will stop immediately until the applicant and owner apply for and receive a reinstatement of the permit by the Town Council. If conditions are attached to the re -issuance, the permit may be reissued by the building official only upon continued conformance to the conditions established by the Town Council. Any conditions attached to re -issuance are conditions of all applicable permits and applicant and owner accept such conditions upon acceptance of a permit. The issuance of the certificate of occupancy or completion will be withheld until any fees incurred under this section are paid. If the Town Council does not approve the extension of time, applicant and owner May_wi4 be required nr,,,, ded 1 ^ ea4end ,r 24 Al+„ „4: A,.teFR*h3t*k,R by the Town Council to remove all evidence of construction, and ensure that the project conforms to all applicable provisions of the code. Failure to cease construction or conform to all codes constitutes a violation and will be referred to the Town's Code Enforcement Board. 105.4.1.7. Agreed maximum time schedule for completion of minor construction. (a) A maximum time is established for the completion of all building permits for construction work not subject to the provisions of 18-237. Such work shall be considered minor construction and must be completed and receive a passed final inspection no later than twelve (12) months from date of issuance. Said maximum time is a condition of all applicable permits and applicant and owner accept such condition upon acceptance of a permit. (b) Requests for extension from this schedule may be granted by the building official upon application for extension filed with the Town no later than 15 calendar days prior to the scheduled completion date. A permit extension fee, as established by resolution of the town council, shall be paid prior to issuance of the extension. Extensions may be granted for a period not to exceed ninety (90) days from the scheduled completion date. If a permit expires before an extension is granted, the permit may be reactivated upon payment of a permit reactivation fee, as established by resolution of the town council, paid prior to issuance of the reactivation for a period not to exceed ninety (90) days from the scheduled completion date. (c) In the event the permit holder and/or the property owner fail to complete the construction within twelve months or by the expiration of an approved extension of time, whichever is latest, the building permit shall be immediately revoked and all work shall cease and desist on the project, and such failure shall constitute prima facie evidence that the building proiect has not been commenced or has been suspended or abandoned. Such prima facie evidence shall be in addition to any other evidence that construction under the permit has not been commenced or has been suspended or abandoned under the permit. Failure to complete the work or to cease construction constitutes a violation of the Town's code of ordinances and shall be subject to code enforcement remedies under Chapter 2 of the Town's code of ordinances. 25 105.4.1.8 Cntinuous Construction. A project which involves continuous construction, as defined in sec. 101.5.6 is prohibited unless: a. Approved by the planning, zoning and building department director or his or her designee and meets the following conditions: L Is initiated by a governmental entity, or ii. Is a property which consists of at least 50 contiguous acres, and 1. There exists a requirement or restriction which limits work to certain times of the year, and 2. The work being contemplated occurs at least 500' away from residential dwellings at contiguous properties, or. b. Approved by the town council and meets the following conditions: L Is a property which consists of at least 50 contiguous acres, and 1. There exists a requirement or restriction which limits work to certain times of the year, and 2. The work being contemplated occurs within 500' from residential dwellings on contiguous properties. or ii. Is a museum, or iii. Is a multifamily residential property where construction is limited to no more than seven months per year through organizational restrictions, or iv. Is a tenant space in a commercial zoning districts (other than C- 105.4.1.9.7 Pre -Work Conference. The building official may require a pre -work conference. The minutes of such pre -work conference shall become special conditions of the permit. 105.4.1.109 Construction Fence. The building official may require a screened chain link or a four (4) foot high wood- _fence painted in a color as specified by the building official to be placed at the construction site at designated location(s). 105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued +-a-under the provisions of this code w4efevefwh e never the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation of any provision of this code. 26 105.7 Placing of permit. Work requiring a permit shall not commence until the permit holder or his agent places the permit card and all related documents in a conspicuous place on the premises. All shall be protected from the weather and located in such position as to allow the building official or representative to conveniently make the required entries thereon. All shall be maintained in such position by the permit holder until the Certificate of Occupancy or Completion is issued by the building official. 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. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. 105.9 Asbestos. The town 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 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 written request and written 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. Work started prior to permit issuance shall count toward the maximum time permitted in Section 105.4.1.6. 105.13 Phased permit approval. After submittal of the appropriate construction documents, the building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and M without assurance that a permit for the entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. Issuance of a foundation permit counts toward the time allowed under Section 105.4.1.6. 105.14 Affidavits. The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The building official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building official copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a certification that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes. Where the building official relies upon such affidavit, the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part X11 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. Nothing aforesaid shall preclude plan review or inspections by the building official or his representative. 106.1 Submittal documents. Construction documents, special inspection and structural observation programs, and other data shall be submitted in two or more sets with each application for a permit. The construction documents shall be prepared by a design professional where required. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a 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 construction documents is not necessary to obtain compliance with this code. If the design professional is an architect or engineer legally registered under the laws of this state regulating the practice of architecture as provided for in Chapter 481, Florida Statutes, Part I, or engineering as provided for in Chapter 471, Florida Statutes and 61G15, Florida Administrative Code, then he or she shall affix his or her official seal, original signature and date to said drawings, specifications and accompanying data, as required by Florida Statute. If the design professional is a landscape architect registered under the laws of this state regulating the practice of landscape architecture as provided for in Chapter 481, Florida Statutes, Part II, 28 then he or she shall affix his or her seal, original signature and date to said drawings, specifications and accompanying data as defined in Section 481.303(6)(a)(b)(c)(d), Florida Statutes, and 6161, Florida Administrative Code. 106.1.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official (see also Section 106.3.5). 106.1.1.1 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 106.1.1.2 For roof assemblies required by the code, the construction documents shall illustrate, describe, and delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a statement by an architect or engineer for the specific site must be submitted with the construction documents. 106.1.2 Additional data. The building official may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the building official to be prepared by an architect or engineer shall be affixed with their official seal, signature and date as state law requires. 106.1.3 Quality of building plans. Building plans shall be drawn to a minimum 1/8 inch scale upon substantial paper, cloth or other acceptable medium. The building official may establish through departmental policy, other standards for plans and specifications, in order to provide conformity to its record retention program. This policy may include such things as minimum size, shape, contrast, color, clarity, submission medium or other items related to records management. Documents shall be in conformance with requirements as established by the town�Y^^��+,+,,,,, r­m'erttsi;oh-.II not nvni+o rl n1l v A')" 106.1.4 Electrical Plans Requirements. Plans for electrical permits shall denote calculations for total connected load, the total floor area, the square feet of the building under consideration, the point to which the service connection is to be made, the size of service and the sub -feed wires, an electrical riser diagram, the location of handholes, 29 the location of service switches and center of distribution and, with the exception of one and two family dwellings, the arrangement of circuits showing the number of outlets connected thereto. 106.1.5 Design Professional. All drawings and specifications and accompanying data (including plan revisions) shall bear the name, signature, and address of the designer. In case of new buildings or structures and/or any remodeling in the fire district in excess of $10,000 in value, such designer shall be an architect or engineer legally registered under the laws of the State of Florida regulating the practice of architecture and engineering and shall affix his/her official seal, signature and date to said drawings (each sheet), specifications and accompanying data. Any remodeling or alteration plans involving structural work of any building or structure or alteration or addition of any fire rated assembly shall be prepared by a registered architect or engineer when required by the building official. Florida Statutes including Chapters 471 and 553 regulate specific requirements that pertain to this Code. 106.2 Reserved. 106.3 Examination of documents. The building official shall examine or cause to be examined the accompanying construction 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. 1. Building plans approved pursuant to Section 553.77(6), Florida Statutes, and state -approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly (including utility crossover connections) and construction at the site are subject to local permitting and inspections. 2. Industrial construction on sites where design, construction and fire safety are supervised by licensed design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt, subject to approval of the building official, from review of plans and inspections, providing the appropriately 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. 106.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be endorsed, in writing or by stamp, as "Reviewed" and shall be dated and initialized by the plan examiner. One set of 30 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. In the event the town accepts submission of electronic documents, the procedures for submission and review of construction documents will be as established by the planning, zoning & building department. 106.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 6 months after the effective date of this code and has not been abandoned. 106.3.3 PFeduet appre-vals, Reserved. These pFedbir-A-1; Y.9hiGh _are Fegb4ated by DGA Rule 106.3.4 Reserved. 106.3.4.3 Certifications by contractors authorized under the provisions of Section 489.115(4)(b)M 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, 481 or 489, Florida Statutes. 106.3.5 Minimum plan review criteria for buildings. The examination of the documents by the building official shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; and all exterior elevations: , 106.3.5.1.1 Building 1. Site requirements: 31 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 2. Occupancy group and special occupancy requirements shall be determined. 3. Minimum type of construction shall be determined (see Table 503) of the Florida Building Code and noted on plans. 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 draft -stopping and calculated fire resistance 5. Fire suppression systems shall include: Early warning smoke evacuation systems Schematic fire sprinklers Standpipes Pre-engineered systems Riser diagram Same as above 6. Life safety systems shall be determined and shall include the following requirements: Occupant load and egress capacities Early warning Smoke control Stair pressurization Systems schematic 7. Occupancy load/egress requirements shall include: Occupancy load Gross Net Means of egress 32 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 Structural calculations (if required) Foundation Wall systems Floor systems Roof systems Threshold inspection plan Stair systems 9. Materials shall be reviewed and shall at a minimum include the following: Wood 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 33 Equipment Special occupancy requirements Fair housing requirements 11. Interior requirements shall include the following: Interior finishes (flame spread/smoke development) Light and ventilation Sanitation 12. Special systems: Elevators Escalators Lifts 13. Provide product approvals for all openings, claddings and roofing materials. 106.3.5.1.2 Electrical 1. Electrical: Wiring Services Feeders and branch circuits Overcurrent protection Grounding Wiring methods and materials Ground fault circuit interrupters Arc fault circuit interrupters 2. Equipment 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low voltage 7. Load calculations 106.3.5.1.3 Plumbing 1. Minimum plumbing facilities 2. Fixture requirements 34 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 106.3.5.1.4 Mechanical 1. Energy calculations / HVAC system heating and cooling load 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 35 12. Boilers 13. Refrigeration 14. Bathroom ventilation 15. Laboratory 1. Gas piping 2. Venting 3. Combustion air 4. Chimneys and vents 5. Appliances 6. Type of gas 7. Fireplaces 8. LP tank location 9. Riser diagram/shutoffs 106.3.5.3 Demolition (Commercial and Residential) 1. Asbestos removal 106.3.5.3.1 Demolition Permits. Each application for a complete or major demolition permit shall include the following information as required by the building official. 1. Verification of electrical service disconnection by Florida Power and Light Company. 2. Sewer cap off inspection by town personnel. 3. Verification of water shut off by the City of West Palm Beach Water Department or a cap off inspection by town personnel; 4. Verification of gas shut off by Florida Public Utilities when applicable; 36 5. Verification by an exterminator that the property is free of rodents; 6. Letter of approval of demolition by mortgagor(s); 7. A cash bond or irrevocable letter of credit redeemable at a Palm Beach County financial institution of 135 peFeen+ of theeestimated d,,,,,,,l;+;,,., ,,,.,+.,,+ .,,,n+ in an amount as established by adoption of a resolution by the Town Council and amended by adoption of a resolution of the Town Council; 8. Approval from either the Town of Palm Beach Architectural Commission or the Landmark Preservation Commission; 9. An approved erosion control/parking plan. 10. A statement confirming that A-„ sRt ic,", if reconstruction does not commence within thirty (305) days or ' a reconstruction permit becomes null and void the site shall must be irrigated and sodded of seeded within ten (10) working days of demolition or default and the property maintained so as not to be in an unsightly condition. 11 An affidavit confirming that notice to owners of all properties within 200 feet of proposed demolition has been provided in substantial accordance with a form as provided by the town. 12. Verification of the required pre -construction meeting with the Building Official for projects where approval for demolition has been given by the Landmarks Preservation Commission. 13. The submission and approval of the Building Official of a materials removal plan Official for projects where approval for demolition has been given by the Landmarks Preservation Commission. 1. Site requirements 37 Set back/separation (assumed property lines) Location of septic tanks 2. Fire-resistant construction (if required) 3. Smoke detector locations 4. Egress: Egress window size and location stairs construction requirements 5. Structural requirements shall include: Wall section from foundation through roof, including assembly and materials connector tables wind requirements structural calculations (if required) 6. Accessibility requirements: Show/identify accessible bath 7. Electrical 1. Electrical Wiring Services Feeders and branch circuits Overcurrent protection Grounding Wiring methods and materials Ground fault circuit interrupters Arc fault circuit interrupters 2. Equipment 3. Load calculations 8. Mechanical 1. Energy calculations / HVAC system heating and cooling load calculations 2. Exhaust systems - size and locations Clothes dryer exhaust Kitchen equipment exhaust Specialty exhaust systems 3. Equipment 4. Equipment location 5. Make-up air - when calculated 6. Roof -mounted equipment 7. Duct systems 38 8. Combustion air 9. Appliances - engineered systems 10. Boilers - engineered systems 11. Bathroom ventilation 9. Plumbing 1. Fixture requirements — locations 2. Water supply piping - service size 3 Water heaters - location and size 4. Roof drainage - size (calculated) 5. Location of water supply line 6. Air admittance valve locations 10. Gas 1. Gas piping 2. Venting 3. Combustion air 4. Appliances - btu ratings 5. Type of gas 11. Provide product approvals for all openings, materials specified in F.S. 553.842(5). 1 9 11 11�.. Barrier requirements, Spas, Wading pools Indicate compliance with ASME/ANSI a.112.19.8-2007 and/or ANSI 7-5. 106.3.5.6 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. Minor electrical, plumbing and mechanical repairs 3. Prototype plans Exceptions 1. Local site adaptations, siding, foundations and/or modifications. 39 2. Structures that require waiver. 4. Manufactured building plans except for foundations of buildings which are constructed on site. 106.4 Amended construction documents. Work shall be installed in accordance with the reviewed construction documents, and any changes made during construction that are not in compliance with the reviewed construction documents shall be resubmitted for review as an amended set of construction documents. 106.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official as required by Florida Statutes. 106.6 Reserved. 107.1 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. 107.2 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 the public health, safety and general welfare. 107.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in Chapter 27 of the Florida Building Code, Building. 107.4 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. 108.1 Prescribed fees. A permit shall not be issued until fees authorized under Section 553.80, Florida Statutes, have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical or gas systems, has been paid. 40 108.2 Schedule of permit fees. On all new and existing buildings, structures, plumbing, mechanical, electrical, and gas systems, site work, and swimming pools and spas, requiring a permit as set forth in section 104, ("construction" fees Land A rig� hBr.^^,+^, a fee shall be paid based on the construction value. All construction and right-of-way fees ares listed below, and are required at the time of f Ong application. All fees under this section shall be established by adoption of a resolution of the Town Council and may be amended by adoption of a resolution of the Town Council' ^rd.,nne ,°.,+" the fellewing ^^bed-.ln. a. A minimum permit fee shall apply to all construction permits. b. A The permit fee is required for all permits for construction within the town ghall hp all The permit fee is composed of a plans examination fee and permit issuance fee. Subcontractors for all work will be required to obtain a permit and will be charged in accordance with the fee schedule . Separate permits will be required for each separate building and a separate permit will be required for all site work (to include walkways, driveways, property walls and fences, gates, irrigation, landscaping, exterior lighting, patios, slabs, etc.). Separate permits will be required for all structures such as pools, docks and seawalls. Demolition -- Fee based on construction value, same as a. and b. above, unless n rl mA-A b..+"e 7e. +ben n_ fn .°.ill "o ^"9rgeA d. Moving a Building -- Fee based on construction value in "^^erdan^n e. Permit Refund Fee l i .:, ... ,.............. -Y u. .., ...., ........b ..........., but On Re close less than 11 ee established by I +'„n cc�.^aca�m`v�TT "�v racf'vTr Permit fees may be refunded upon written request from the applicant for a refund and upon payment of a permit refund fee. All requests for refunds must be received within 30 days from issuance of permit. Plan examination fees are not eligible for refunds, unless under unusual circumstances as determined by the building official. f. Permit transfer fee ®--The fee to be paid by a new applicant when a permit is transferred with agreement of the previous contractor. Cee in ^^erda*ee ,w k ��Tc`�cldeivn. Ce ncc cle+n w.impd the Tn_ CANIIMpiri. IF ^4A fr�m .°lhem the nerw�i+ being tFansferred 41 dGP + „h '+ +h +' ri+' f +h + fnr +h>,_ c�'a° ' dery crtii ^�, i'®t7c-c'r'ar'r�rc�c, , c be FP9WJFed +n pay rnwc+r„c+ir.w w^rmi+ Fees nw tom^ -.1, ^f +hn-+iwiwrr ,.wfiwie•"^d .°,^4If the scope of work chanes upon a transfer, the new contractor will be required to pay construction permit fees on the value of the additional work. g. Plan examination fee That portion of the construction permit fee referenced in (a) involving plan examination services. Fee in aceswite sr-.hP le ade-ie k- e—Tewn Ee}1++� 'by Feselutien. Fee net to exeee4 he amount as established This portion of the construction permit fee is nonrefundable. h. Major Plan rechecking fee - ® Fee for sSecond and additional check list charge (plan examination ' d .,i+h +hfee sehedid spte, h" the Y tp,X11 h +V / 1111 wn. i nw+ .+� wnrw.i+ inn eae h tkne re h^ek-ed L Expedited Plan Review Fee ® The fee for the performance of ^+ +hn ^w+i„w 4- hn ee+AtFact ;+h the -ap r^„^' ®f t -hp I�eilA*.-- -ffieael;+I,- d- ils #edie rrn+inw a special plan review to expedite permit applications and plan revisions at the request of the contractor and with the approval of the building official. Fees A '" be asFeS ed in ace i ---fee &e4e u4e adepted by the Town Geuncil by Feselutien, -and- are based upon the current availability of personnel and the current cost for plan review services. Reinspection Fee - Each re -inspection failed due to wrong address, work rejected because of faulty construction, work not ready for inspection at time requested, or repairs or corrections not made at time of subsequent inspee tie n .°,ill h^ Fees for re -inspection shall be paid in the town planning, zoning & building department before the re -inspection is made. No further inspections will be made or permits issued until such fees have been paid. k. For education travel and certification maintenance for development regulation and fire prevention personnel - one and one-half percent (1.5%) of the fees outlined in a. through Le., and o. through s.h, . and �L, shall be directed to a separate expenditure account specifically and solely for education travel and certification maintenance of development regulation and fire prevention personnel. I. A surcharge shall be collected, in accordance with Florida Statutes 468.631 and 553.721, as amended, copies of which are on file in the Department, to fund the Florida Building (BEA);-and+I--- Building Code Administrators and Inspectors FundaGafd and the duties of the Florida Building Commission and the 42 Department of Community Affairs. ra^�+r„a+ian In.J„s is ing Be-. Hem--- eFS' r , +ian ® r , .4 innoDI nrt t le +.,As of the GCT*.--, —f + f ilrlal^ AA—;-ic+rte++arc and Ina-^a+arc CuRd This -.r 'L+•+II Imo^ adopted by reselutien '-Y t4qe. M. The sanitary sewer capital connection charge (CAP) shall be collected at the time of the issuance of the building permitaeeeFdi„ste the fee --k-A. '^-Ae-pted-by +ha T^urn (`+„nail lh•, r el„+ian No capital connection charge shall be assessed for a building addition, remodel, renovation or replacement of a building within twelve (12) months of its demolition, unless a larger water meter is installed. In such event, only the fee difference between the two meter sizes shall be assessed for the water service capital connection charge. n. Tent/Temporary Structure Permit Fees — The fees associated with the erection of Tents and Other Temporary Structures. o^r,v,i+ Fee i5 assessed in-----AM-co +I, f e i, al I^ ,,pan+^,� a., +�^ ra,.,n ra„nail a., r^aal„flan They included the permit fee; and a fee ' r�^n with—tk�e-fee-&Ghed+rc per tent, per month (or portion thereof) will be charged for any tent standing for more than fifteen (15) days. For multiple events over a period of time, a re -inspection and the payment of a reinspection fee will be required for each event, at a fee in .,aaardana^ ,.,ith +l,^ fee -left tc�'tbe . For tent permits not submitted in accordance with the requirements of Sec. 18-997 of the Town's Code of Ordinances, a late filing fee shall apply. o. Local Product approval. A fee in conjunction with a request for 4-a local product approval of a product per F.S. 553.8425 n^n.,r+rr,^n+ of. GeFn,,.,,,ni+y A"-, p„la lw FeseI +' will l,n ^„i ^.J ,i+I� +l,n nnlian+ian far aL. laa^I P. Permit Revision Fee. The fee required for €each change requiring review after the issuance of r^jaa construction permits i'�l—"__a ---s ee • i^^ +^- q. Permit issuance fee. That portion of the construction permit fee referenced in (a) involving permit issuance. Fee -.wee ^';ee ••,i+l, +h^T sGhe l„I^ addepte d This portion of the construction permit fee is refundable provided the permit is canceled within thirty (30) days of issuance. 43 r. Permit Extension Fee — The fee required in conjunction with the approval of a request to extend a permit per the requirements of 105.4.1.6 and 105.4.1.7. S. Permit Reactivation Fee. The fee required in conjunction with a request to reactivate a permit. if a peFfflit Y t*yatien c ted-, a fee ; „Y.nee with 'hp TAWn C hp Aef the Yore t. Permit Processing Fee. The fee associated with requests for changes to permits not involving a change in plans (e.g. address changes, duplicate permits, requests for extensions other than those under 105.4.1.6, change of contractor, f€ -a limited t the issuance of certificates of completion, of the processing of electrical release agreements, or other miscellaneous requests, a—Teems. be ✓eq the e(444,e7T. U. The permit fee for all right-of-way permits within the town shall be assessed in accordance with the fee schedule adopted by the Town Council by resolution. V. Incomplete Application Fee. A fee shall be assessed upon the second and subsequent failures to submit the required digital signatures or digitized documentation within the time allowed. oFeveded. Phe rem—Shale—i„ Fdanr--p wet W. Resubmission fee. A fee shall be assessed for all plans resubmitted without the corrections previously identified. X. Registration fee. The fee paid by a contractor to register with the Town's system, and enable "on account" payments. 108.3 Building permit valuation. If, in the opinion of the building official, the claimed valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates, and/or bona fide signed contracts (excluding land value) to meet the approval of the building official. For permitting purposes, valuation of buildings and systems shall be total replacement value to include structural, electric, plumbing, mechanical, interior finish, normal site work (excavation and backfill for buildings), architectural and design fees, marketing costs, overhead and profit - and all owner supplied items excluding only land value. The value of work may be reviewed before release of electrical service or issuance of a certificate of occupation or completion. 108.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the building 44 official's approval or the necessary permits shall be subject to a penalty in accordance with the fee schedule adopted by the Town Council by resolution and amended by the Town Council by resolution of 300 „r + „4:+a„ in addition to the required permit fees, as set in approved schedule of fees. 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 by the following business day and any unreasonable delay in obtaining those permit(s) shall result in the charge of a quadruple fee. The payment of a quadruple fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The building official may grant extensions or waive fees when justifiable cause has been demonstrated in writing. Work commenced in advance of permit issuance shall count toward the maximum time permitted in Section 105.4.1.6. 2T41r91flFDZ 109.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. The building official shall be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be readily determined in the field. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 109.2 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. 109.2.1 Existing building inspections. Before issuing a permit, the building official may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He/she may inspect the buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, before, during and upon completion of the work for which a permit was issued. He/she shall make a record of every such examination and inspection and of all observed violations of the technical codes. Additional regulations in the Florida Building Code, Existing Building may apply. 109.2.2 Manufacturers and fabricators. When deemed necessary by the building official, he/she shall make, or cause to be made, an inspection of materials or 45 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. 109.3 Required inspections. The building official upon notification from the permit holder or his or her agent shall make the following inspections, and such other inspections as deemed necessary, and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. A complete survey, of special purpose survey, or flood elevation certificate may be required before an inspection is approved. 1. Foundation inspection. To be made after trenches are excavated and forms erected and shall at a minimum include the following building components: ®Stem -wall ®Monolithic slab -on -grade ®Piling/pile caps -Footers/grade beams An elevation certificate indicating all finished floor elevations. 2. Framing inspections. To be made after the roof, all framing, fire -blocking and bracing is in place, all concealing wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: ®Window/door framing ®Vertical cells/columns ®Lintel/tie beams (including truss layout drawings) ®Framing/trusses/bracing/connectors ®Draft stopping/fire blocking ®Curtain wall framing ®Energy insulation 46 ®Accessibility 3. Sheathing inspection. To be made either as part of a dry -in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: ®Roof sheathing ®Wall sheathing ®Sheathing fasteners ®Roof/wall dry -in -sheathing/cladding inspection ®Gypsum board, as required 4. Roofing inspection. Shall at a minimum include the following building components: ®Dry -in ®Insulation ®Roof coverings (including In Progress) ®Flashing 5. Final inspection. To be made after the building is completed and ready for occupancy. 6. Swimming pool inspection. First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete. Final inspections are 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. Final electric inspection is to be made prior to filling the swimming pool with water. 47 Final permanent barrier is inspection to be made prior to filling the swimming pool with water. Final building inspection is to be made after the pool is completely filled with water and in operation. 7. Demolition inspections. First inspection is 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 is to be made after all demolition work is completed. 8. Manufactured building inspections. The building division shall inspect construction of foundations; connecting buildings to foundations; installation of parts identified on plans as site installed items, joining the modules, including utility crossovers; utility connections from the building to utility lines on site; and any other work done on site which requires compliance with the Florida Building Code. Additional inspections may be required for public educational facilities (see Section 423.27.20). B. Electrical 1. Underground inspection (including bonding and ground). 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, fire -blocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3. Low Voltage: To be made for security, alarm, elevator, and special uses prior to being covered from view. 4. Final inspection. To be made after the building is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. C. Plumbing 1. Underground inspection. To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 48 2. Rough -in inspection. To be made after the roof, framing, fire -blocking and bracing is in place and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling membranes. 3. Final inspection. To be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. Note: See Section P312 of the Florida Building Code, Plumbing for required tests. 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. 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. 109.3.1 Written release. Work shall not be done on any part of a building, structure, electrical, gas, mechanical or plumbing system beyond the point indicated in each 49 successive inspection without first obtaining a written release from the building official. Such written release shall be given only after an inspection has been made of each successive step in the construction or installation as indicated by each of the foregoing three inspections. 109.3.2 Reserved. 109.3.3 Reinforcing steel and structural frames. Reinforcing steel or structural framework of any part of any building or structure shall not be covered or concealed without first obtaining a release from the building official. Certification that field welding and structural bolted connections meet design requirements shall be submitted to the building official upon request. 109.3.4 Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section 1503.6, Section 2304.13 or Section 2304.11.6, specifically required to be inspected for termites in accordance with Section 2114, or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the building official has been received. 109.3.5 Shoring. For threshold buildings, shoring and associated formwork or false work 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. 109.3.6.1 The town 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 town prior to the issuance of a building permit for the construction of a threshold building. The purpose of the structural inspection plan 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. 109.3.6.2 The special inspector shall inspect the shoring and reshoring for conformance to the shoring and reshoring plans submitted to the town. A fee simple title owner of a building which does not meet the minimum size, height, occupancy, occupancy classification or number -of -stories criteria which would result in classification as a threshold building under Section 553.71(7) Florida Statutes, may designate such building as a threshold building, subject to more 50 than the minimum number of inspections required by the Florida Building Code, Building. 109.3.6.3 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 town. 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. 109.3.6.4 €ac-h—enforcement agency The Town shall require that, on every threshold building: 109.3.6.4.1 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 town." 109.3.6.4.2 Any proposal to install an alternate structural product or system to which building codes apply be submitted to the town enfere_e ^ent-ag-e�for review for compliance with the codes and made part of the town's recorded set of permit documents. 109.3.6.4.3 All shoring and reshoring procedures, plans and details shall be submitted to the town for record keeping. Each shoring and reshoring installation shall be supervised, inspected and certified to be in compliance with the shoring documents by the contractor. 109.3.6.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire -safety standards as determined by the local authority in accordance with this section and Chapter 633, Florida Statutes. 109.3.6.5 The town may not issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in Section 489.105(3)(a), 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. 51 109.3.6.6 The building division 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 division. 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. 109.3.7 Other inspection services. The building official may make, or cause to be made by others, the inspections required by Section 109. He/she may accept reports of inspectors of recognized inspection services, provided that after investigation he/she is satisfied as to their qualifications and reliability. A certificate called for by any provision of the technical codes shall not be based on such reports unless the same are in writing and certified by a responsible officer of such service. The building official may require the owner to employ an inspection service in the following instances: 1. For buildings or additions of Type I or Type II construction 2. For all major structural alterations 3. Where the concrete design is based on compressive strength (f 'c) in excess of 3000 pounds per square inch 4. For pile driving 5. For buildings with area greater than 20,000 square foot 6. For buildings more than 2 stories in height 7. For buildings and structures of unusual design or methods of construction Such inspectors shall be adequately present at times work is underway on the structural elements of the building. Such inspectors shall be a registered architect, or engineer, or a person licensed under Chapter 468, Part XII, Florida Statutes. Such inspectors shall submit weekly progress reports including the daily inspections to the building official, and including a code compliance opinion of the Resident Inspector. At the completion of the construction work or project, such inspectors shall submit a certificate of compliance to the building official, stating that the work was done in compliance with this code and in accordance with the permitted drawing. Final inspection shall be made by the building official before a Certificate of Occupancy or Certificate of Completion is issued; and confirmation inspections may be made at any time to monitor activities and resident inspectors. The resident inspector shall be provided with a separate small air-conditioned and heated job office and telephone at the project site. The resident inspector shall be provided with a separate complete set of stamped and reviewed plans, specifications, and shop drawings for the project. The resident inspector is to keep 52 a daily log of inspections and job related matters which will be turned in weekly. The resident inspector will be spot checked by the assigned town building inspector and will report to same. The resident inspector shall not stop work progress without first reporting to the town building division. Although employed by the developer, the resident inspector shall be dismissed only at the discretion of the building official. Complete, prompt, and accurate inspection and Town ordinance enforcement shall be the resident inspector's sole duty. 109.3.8 Plaster fire protection. In all buildings where plaster is used for fire protection purposes, the permit holder or his agent shall notify the building official after all lathing and backing is in place. Plaster shall not be applied until the release from the building official has been received. 109.3.9 Fire resistant joints and penetrations. The protection of joints and penetrations in required fire resistant construction assemblies shall not be covered or concealed from view without first obtaining a release from the building official. 109.3.10 Impact of construction. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the condition of adjacent property, unless such activity is permitted to affect said property pursuant to a consent granted by the applicable property owner, under terms or conditions agreeable to the applicable property owner. This includes, but is not limited to, the control of dust, noise, water or drainage run-offs, debris, and the storage of construction materials. New construction activity shall not adversely impact legal historic surface water drainage flows serving adjacent properties, and may require special drainage design complying with engineering standards to preserve the positive drainage patterns of the affected sites. Accordingly, developers, contractors and owners of all new residential development, including additions, pools, patios, driveways, decks or similar items, on existing properties resulting in a significant decrease of permeable land area on any parcel or has altered the drainage flow on the developed property shall, as a permit condition, provide a professionally prepared drainage plan clearly indicating compliance with this paragraph and applicable provisions of the Town's Code of Ordinances containing drainage requirements. Upon completion of the improvement, a certification from a licensed engineer shall be submitted to the inspector in order to receive approval of the final inspection. 109.4 Inspections prior to issuance of Certificate of Occupancy or Completion. The building official shall inspect or cause to be inspected, at various intervals, all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion, prior to the issuance of the Certificate of Occupancy or Certificate of Completion. In performing inspections, the building official shall give first priority to inspections of the construction, addition, or renovation to, any facilities owned or controlled by a state university, state community college or public school district. 53 109.5 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. 109.6 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. e • 1 110.1.1 Building Occupancy.* 4G new building shall not be occupied or a change made in the occupancy, nature or use of a building or portion thereof until after the building official has issued a certificate of occupancy. Said certificate shall not be issued until all required electrical, gas, mechanical, plumbing and fire protection systems have been inspected for compliance with the technical codes and other applicable laws and ordinances and released by the building official. 110.1.2 Certificate Issued. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical codes, reviewed plans and specification, and after the final inspection, 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. The name of the building official. 54 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provisions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The design occupant load. (Applicable to commercial property only) 11. If an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building permit. 110.1.3. Temporary/partial occupancy. A temporary/partial/conditional Certificate of Occupancy or Certificate of Completion may be issued for a portion or portions of a building that may safely be occupied prior to final completion of the building. The building official may require once all life safety issues have been complied with, an applicant to provide adequate cash surety for unfinished work or revision of plans until a permanent Certificate of Occupancy or Certificate of Completion is granted. The purpose of the cash surety is to insure completion of work under this permit. Such cash surety shall be equal to one hundred thirty five percent (135%) of the estimated value of the remaining work, including labor and material, as determined by the design professional. The design professional shall submit a signed and sealed document attesting to the amount required to cover the cash surety. If work has not been completed and all finals requested within 90 days of issuance of the initial Temporary/Partial Certificate of Occupancy or Certificate of Completion, the town retains the right to have the applicant surrender the cash surety. The town then may use the surety to finish the remaining work. The surety shall be in the form of cash money, certified check, or cashier's check. Surety shall be returned upon approval of all final inspections and upon written request by the applicant that has been approval by the building official. 110.2 Certificate of Completion. Upon satisfactory completion of a building, structure electrical, gas mechanical or plumbing system, a Certificate of Completion may be issued. This certificate is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy or connect a building, such as a shell building, prior to the issuance of a Certificate of Occupancy. 55 �..._.� .,n ..:..r 110.1.3. Temporary/partial occupancy. A temporary/partial/conditional Certificate of Occupancy or Certificate of Completion may be issued for a portion or portions of a building that may safely be occupied prior to final completion of the building. The building official may require once all life safety issues have been complied with, an applicant to provide adequate cash surety for unfinished work or revision of plans until a permanent Certificate of Occupancy or Certificate of Completion is granted. The purpose of the cash surety is to insure completion of work under this permit. Such cash surety shall be equal to one hundred thirty five percent (135%) of the estimated value of the remaining work, including labor and material, as determined by the design professional. The design professional shall submit a signed and sealed document attesting to the amount required to cover the cash surety. If work has not been completed and all finals requested within 90 days of issuance of the initial Temporary/Partial Certificate of Occupancy or Certificate of Completion, the town retains the right to have the applicant surrender the cash surety. The town then may use the surety to finish the remaining work. The surety shall be in the form of cash money, certified check, or cashier's check. Surety shall be returned upon approval of all final inspections and upon written request by the applicant that has been approval by the building official. 110.2 Certificate of Completion. Upon satisfactory completion of a building, structure electrical, gas mechanical or plumbing system, a Certificate of Completion may be issued. This certificate is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy or connect a building, such as a shell building, prior to the issuance of a Certificate of Occupancy. 55 110.34% Service Utilities 110.36.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system which is regulated by the technical codes for which a permit is required, until released by the building official and a Certificate of Occupancy or Completion is issued. The servicing utility company shall not connect the power supply until notified by the building official. 110.36.2 Temporary connection. The building official may authorize the temporary connection of the building or system to the utility source of energy, fuel or power for the purpose of testing building service systems or for use under a temporary Certificate of Occupancy. Such connection may be disconnected upon owner and/or contractor's failure to comply with any of the Town's requirements or if found to be unsafe. 110.36.3 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 the technical codes, in case of emergency where necessary to eliminate an immediate hazard to life, property, or unsafe condition. The building official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. 110._ .1 Occupancy. An existing or new building shall not be occupied for any purpose that will cause the floors thereof to be loaded beyond their safe capacity. The building official may permit occupancy of a building for mercantile, commercial or industrial purposes, by a specific business, when he/she is satisfied that such capacity will not thereby be exceeded. 110._ .2 Storage and factory -industrial occupancies. It shall be the responsibility of the owner, agent, proprietor or occupant of Group S and Group F occupancies, or any occupancy where excessive floor loading is likely to occur, to employ a competent architect or engineer in computing the safe load capacity. All such computations shall be accompanied by an affidavit from the architect or engineer stating the safe allowable floor load on each floor in pounds per square foot uniformly distributed. The computations and affidavit shall be filed as a permanent record of the building division. 56 PIL Mar - 110.34% Service Utilities 110.36.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system which is regulated by the technical codes for which a permit is required, until released by the building official and a Certificate of Occupancy or Completion is issued. The servicing utility company shall not connect the power supply until notified by the building official. 110.36.2 Temporary connection. The building official may authorize the temporary connection of the building or system to the utility source of energy, fuel or power for the purpose of testing building service systems or for use under a temporary Certificate of Occupancy. Such connection may be disconnected upon owner and/or contractor's failure to comply with any of the Town's requirements or if found to be unsafe. 110.36.3 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 the technical codes, in case of emergency where necessary to eliminate an immediate hazard to life, property, or unsafe condition. The building official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. 110._ .1 Occupancy. An existing or new building shall not be occupied for any purpose that will cause the floors thereof to be loaded beyond their safe capacity. The building official may permit occupancy of a building for mercantile, commercial or industrial purposes, by a specific business, when he/she is satisfied that such capacity will not thereby be exceeded. 110._ .2 Storage and factory -industrial occupancies. It shall be the responsibility of the owner, agent, proprietor or occupant of Group S and Group F occupancies, or any occupancy where excessive floor loading is likely to occur, to employ a competent architect or engineer in computing the safe load capacity. All such computations shall be accompanied by an affidavit from the architect or engineer stating the safe allowable floor load on each floor in pounds per square foot uniformly distributed. The computations and affidavit shall be filed as a permanent record of the building division. 56 110.56.3 Signs required. In every building or part of a building used for storage, industrial or hazardous purposes, the safe floor loads, as reviewed by the building official on the plan, shall be marked on plates of approved design which shall be supplied and securely affixed by the owner of the building in a conspicuous place in each story to which they relate. Such plates shall not be removed or defaced, and if lost, removed or defaced, shall be replaced by the owner of the building. 110.5 Revocation. The building official is authorized to 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. Such suspension or revocation must be issued in writing. i The building official may require tests or test reports as proof of compliance. Required tests are to be made at the expense of the owner, or agent, by an approved testing laboratory or other approved agency. BOARDBUILDING O: 112.1 Building Board of Adjustment and Appeals. Construction under this code shall be governed by the board created in this section of this code. 112.2 Appointment. There is hereby established a board to be called the building board of adjustment and appeals, which shall consist of seven members and two alternates. Members of the board shall be appointed by the town council. This Board shall hear, among ethg +"�all appeals concerning interpretations ef-bv the building official ^rd PRfnr^^A^^^+ of the Florida Building Code inelud;ng a4+y technical amendments. 112.3.1 Membership. The building board of adjustment and appeals shall consist of seven members. Such board members shall be composed of individuals with knowledge and experience in the technical codes to include an architect, engineer, general contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other contractor licensed category. In addition to the regular members, there shall be two alternate members, one member with the qualifications referenced above and one 57 member at large from the public. A board member shall not act in a case in which he/she has a personal or financial interest. 112.3.2 Terms. The terms of office of the members of the building board of adjustment and appeals shall be staggered so no more than one-third of the board is appointed or replaced in any twelve month period. The town council shall determine the length of a member's term. The two alternate members may serve indefinitely. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from required meetings of the board shall, at the discretion of the town council render any such member subject to immediate removal from office. 112.3.3 Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any provision of this code, the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In modifying a decision of the building official, not less than four affirmative votes, shall be required. In the event that regular members are unable to attend a meeting, the alternate members, if appointed, shall vote. 112.3.4 Secretary of board. The building official or his/her authorized representative shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member, and any failure of a member to vote. 112.4 Powers. The building board of adjustments and appeals shall have the power, as further defined in 112.54 to/ hear appeals of 11de6sions ani interpretations of the building 112.5.1 Decision of the building official. The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the building official to the building board of adjustment and appeals whenever any one of the following conditions are claimed to exist: 1. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case. 4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 58 112.5.2 Variances. The building board of adjustments and appeals, when so appealed to and after a hearing, may vary the application of any technical provision of the Florida Building Code this eede as interpreted by the Building Official, to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. 112.5.2.1 Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. 112.5.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the building official renders the decision. Appeals shall be in a form acceptable to the building official. A fee in accordance with the fee schedule adopted by the Town Council by resolution shall accompany such notice of appeal. 112.5.4 Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system, which in the opinion of the building official, is unsafe, unsanitary or dangerous, the building official may, in the order, limit the time for such appeals to a shorter period. 112.6.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet 59 on call of the chairman. The board shall meet within 30 calendar days after notice of appeal has been received. 112.6.2 Decisions. The building board of adjustment and appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final; subject however to such remedy as any aggrieved party might have at law or in equity. Pfrelfrellim If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. �I�N �U7► F��'! Any person, firm, corporation or agent who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical or plumbing system, without full compliance with applicable codes, laws, ordinances, rules and regulations shall be guilty of a misdemeanor. Each such person shall be considered guilty of a separate offense for every day or portion thereof during which any violation of any of the provisions of applicable cases, laws, ordinances, rules and regulations is committed or continued, and upon conviction of any such violation such personal shall be punished within the limits and as provided by state laws. Nothing in this section shall prevent the authority having jurisdiction from imposing fines, liens, or seek injunctive relief, or exercising other enforcement powers as permitted by law. If building work begins without payment of all required fees, all work must cease and the case will be referred to the code enforcement board for further action.