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conflict with this or any part of this Ordinance are hereby repealed.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
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Richard M. Kleid, President Pro Tem
ATTEST:
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san Owens, own Clerk
nielle H. Mor Town/Council e
P—en-61qp6t). Townsend, Town Council Member
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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
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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
...........
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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.
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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
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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.
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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.
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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.
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(g) Temporary sets, assemblies, or structures used in commercial motion picture or
television production, or any sound -recording equipment used in such
production, on or off the premises.
(h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the
Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means
an open -sided wooden but that has a thatched roof of palm or palmetto or other
traditional materials, and that does not incorporate any electrical, plumbing, or
other non -wood features.
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
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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.
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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
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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.
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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
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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.
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104.11 Alternative materials, design and methods of construction and equipment. The
provisions of this code are not intended to prevent the installation of any material or to
prohibit any design or method of construction not specifically prescribed by this code, provided
that any such alternative has been approved. An alternative material, design or method of
construction shall be approved where the building official finds that the proposed design is
satisfactory and complies with the intent of the provisions of this code, and that the material,
method or work offered is, for the purpose intended, at least the equivalent of that prescribed
in this code in quality, strength, effectiveness, fire resistance, durability and safety. When
alternate life safety systems are designed, the SFPE Engineering Guide to Performance -Based
Fire Protection Analysis and Design of Buildings, or other methods approved by the building
official may be used. The building official shall require that sufficient evidence or proof be
submitted to substantiate any claim made regarding the alternative.
104.11.1 Research reports. Supporting data, where necessary to assist in the approval
of materials or assemblies not specifically provided for in this code, shall consist of valid
research reports from approved sources.
104.11.2 Tests. Whenever there is insufficient evidence of compliance with the
provisions of this code, or evidence that a material or method does not conform to the
requirements of this code, or in order to substantiate claims for alternative materials or
methods, the building official shall have the authority to require tests as evidence of
compliance to be made at no expense to the 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
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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.