23-023 1 ORDINANCE NO. 23-023
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING THE BOYNTON BEACH
5 ADMINISTRATIVE AMENDMENTS TO THE 8TH
6 EDITION (2023) OF THE FLORIDA BUILDING CODE;
7 PROVIDING FOR CONFLICTS, SEVERABILITY,
8 CODIFICATION,AND AN EFFECTIVE DATE.
9
10 WHEREAS, pursuant to Chapter 553.734(a), Florida Statutes, the City Commission
11 may adopt amendments to the administrative provisions of the Florida Building Code to deal
12 with local issues and conditions that are unique and distinctive to each jurisdiction, subject to
13 the limitations in said statute; and
14 WHEREAS,the City of Boynton Beach has adopted the Boynton Beach Amendments
15 to the 2010 Florida Building Code on March 6, 2012, June 4, 2013, and October 15, 2013; the
16 Florida Building Code 6th Edition (2017) on December 19, 2017; and the Florida Building
17 Code 7th Edition(2020)on November 17, 2020; the Florida Building Code 7th Edition (2020)
18 on December 6, 2022, and the Florida Building Code 7th Edition (2020) on September 14,
19 2023; and
20 WHEREAS,the Boynton Beach Building Division proposes to modify the City's local
21 administrative chapter (Chapter 1) of the Florida Building Code in conjunction with Palm
22 Beach County to provide greater consistency in the application and interpretation of the code
23 on a county-wide basis; and
24 WHEREAS, the request for adoption includes several revised sections, added sections
25 clarifications, and text corrections throughout the document; and
26 WHEREAS,the City Commission hereby approves and adopts an amendment to the
27 Boynton Beach Administrative Building Code 8th Edition(2023)of the Florida Building Code;
28 and
S:\CA\Ordinances\Amend BB Admin Admendments to FLA Bldg Code 8th Ed(2023)-Ordinance Revised.docx
29 WHEREAS, as required by law, such amendments will be transmitted to the State
30 within 30 days after this enactment of the amendments.
31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
33 Section 1. The foregoing"Whereas"clauses are true and correct and are now ratified
34 and confirmed by the City Commission.
35 Section 2. The City Commission hereby approves and adopts the Boynton Beach
36 Administrative Amendments to the 8th Edition (2023) of the Florida Building Code contained
37 in Exhibit "A," which is attached hereto and incorporated herein by reference.
38 Section 3. As required by law, these amendments will be transmitted to the State
39 within 30 days after the enactment of the amendments.
40 Section 4. That ordinances or parts of ordinances in conflict herewith be, and the
41 same are hereby repealed, provided that in the event of a conflict with respect to the
42 administration of the building codes, existing administrative laws or rules of the City shall
43 control.
44 Section 5. Should any section or provision of this Ordinance or any portion thereof
45 be declared invalid by a court of competent jurisdiction, such decision shall not affect the
46 remainder of this Ordinance.
47 Section 6. Authority is hereby given to codify this Ordinance.
48 Section 7. This Ordinance shall become effective immediately.
49 FIRST READING this 5th day of December, 2023.
50
S:\CA\Ordinances\Amend BB Admin Admendments to FLA Bldg Code 8th Ed(2023)-Ordinance Revised.docx
51 SECOND, FINAL READING AND PASSAGE this 19th day of December, 2023.
52 CITY OF BOYNTON BEACH, FLORIDA
53
54 YES_ NO
55 ✓/
56 Mayor-Ty Penserga
57
58 Vice Mayor-Thomas Turkin
59
60 Commissioner-Angela Cruz
61
62 Commissioner-Woodrow L. Hay
63
64 Commissioner-Aimee Kelley
65
66 VOTE "1°
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73 Maylee IP e = its,MPA, i i C Ty 'ens- •l'
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BOYNTON BEACH
ADMINISTRATIVE AMENDMENTS
to the
FLORIDA BUILDING CODE 8th Edition (2023)
ORDINANCE NO.
EFFECTIVE December 31, 2023
BEGINNING WITH PERMIT NO. 24-0001
City of Boynton Beach Department of Development
Building Division
100 East Ocean Avenue
Boynton Beach, Florida 33435
(561) 742-6350 Office
(561) 742-6357 Fax
This document con be downloaded online —at no charge—by visiting the "Forms &Applications"section of the
Building Division page on the City of Boynton Beach website of www.boynton-beoch.orq
1
PART 1—SCOPE AND APPLICATION
CHAPTER 1
ADMINISTRATION
Table of Contents
Section 101 GENERAL 3
Section 102 APPLICABILITY 5
Section 103 BUILDING DIVISION 10
Section 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 10
Section 105 PERMITS 13
Section 106 FLOOR AND ROOF LOADS 29
Section 107 CONSTRUCTION DOCUMENTS 29
Section 108 TEMPORARY STRUCTURES AND USES 43
Section 109 FEES 43
Section 110 INSPECTIONS 45
Section 111 CERTIFICATES OF OCCUPANCY AND COMPLETION 56
Section 112 SERVICE UTILITIES 58
Section 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 59
Section 114 VIOLATIONS 62
Section 115 STOP WORK ORDER 63
Section 116 UNSAFE STRUCTURES AND EQUIPMENT 63
Section 117 VARIANCES IN FLOOD HAZARD AREAS 66
Section 118 WIND LOADS 66
Section 119 SEVERABILITY 66
2
SECTION 101
GENERAL
101.1 Title.These regulations shall be known as the Florida Building Code, hereinafter referred to as "this
code."
101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation,
enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and
demolition of every building or structure or any appurtenances connected or attached to such buildings
or structures.
Exception:
1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not
more than three stories above grade plane in height with a separate means of egress and their
accessory structures not more than three stories above grade plane in height, shall comply with
this code or the Florida Building Code Residential.
2. Code Requirements that address snow loads and earthquake protection are pervasive;they are left
in place but shall not be utilized or enforced because Florida has no snow load or earthquake threat.
101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. Appendix
"F," in the Florida Building Code, Plumbing Volume, has been adopted as part of this chapter.
101.2.2 Florida Building Code, Residential Construction standards or practices which are not covered
by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida
Building Code, Building.
101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public
health, safety and general welfare through structural strength, means of egress facilities, stability,
sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire
and other hazards attributed to the built environment and to provide safety to fire fighters and emergency
responders during emergency operations.
101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of
this code except as it relates to the purposes stated herein.
101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building, system or
plan by this jurisdiction, under the requirements of this code, shall not be construed in any court as a
warranty of the physical condition of such building, system or plan or their adequacy. This jurisdiction
shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building,
system or plan, nor for any failure of any component of such, which may occur subsequent to such
3
inspection or permitting. Further, no employee shall be liable in tort for damage from such conditions,
in accordance with Section 768.28 Florida Statutes, as may be amended or replaced.
101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.11 and referenced
elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent
of each such reference.
101.4.1 Gas. The provisions of the Florida Building Code, Fuel Gas Code shall apply to the installation
of gas piping from the point of delivery, gas appliances and related accessories as covered in this code.
These requirements apply to gas piping systems extending from the point of delivery to the inlet
connections of appliances and the installation and operation of residential and commercial gas
appliances and related accessories.
101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the
installation, alterations, repairs and replacement of mechanical systems, including equipment,
appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-
conditioning and refrigeration systems, incinerators and other energy-related systems.
101.4.3 Plumbing.The provisions of the Florida Building Code, Plumbing shall apply to the installation,
alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures,
fittings and appurtenances, and where connected to a water or sewage system and all aspects of a
medical gas system.
101.4.4 Property maintenance. For provisions related to property maintenance of existing properties,
refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV.
101.4.5 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention
Code. The Florida Fire Prevention Code shall apply to matters affecting or relating to structures,
processes and premises from the hazard of fire and explosion arising from the storage, handling or use
of structures, materials or devices; from conditions hazardous to life, property or public welfare in the
occupancy of structures or premises; and from the construction, extension, repair, alteration or
removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the
structure or on the premises from occupancy or operation.
101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation shall apply to all
matters governing the design and construction of buildings for energy efficiency.
101.4.7 Existing buildings. The provisions of the Florida Existing Building Code shall apply to matters
governing the repair, alteration change of occupancy, addition to and relocation of existing buildings.
4
101.4.8 Accessibility. For provisions related to accessibility, refer to the Florida Building Code,
Accessibility.
101.4.9 Manufactured buildings. For additional administrative and special code requirements, see
Section 458, Florida Building Code. Building, and Rule 61-41 Florida Administrative Code.
101.4.10 Electrical.The provisions of Chapter 27 of the Florida Building Code, Building Volume shall apply
to the installation of electrical systems, including alterations, repairs, replacement, equipment,
appliances,fixtures,fittings and appurtenances thereto.
101.4.11 Flood Damage Prevention. City of Boynton Beach Land Development Regulations (LDR) shall
be considered part of the requirements of this code relative to flood control. Conflicting requirements
between the Florida Building Code and Chapter 4, Article X, Flood Prevention Requirements of the LDR
shall be resolved in favor of the requirement that offers the greatest degree of flood damage
prevention or alternatives that would provide an equivalent degree of flood damage prevention and
an equivalent method of construction.
101.5 Building Official. Whenever, the Building Official is mentioned in the code, it is also intended to
mean the Building Official's designee, wherever applicable.
101.6 Department.Whenever"department" or"department of building safety" is mentioned in this code,
it is also intended to mean the City of Boynton Beach Building Division, where applicable.
SECTION 102
APPLICABILITY
102.1 General. Where there is a conflict between a general requirement and a specific requirement, the
specific requirement shall be applicable. Where, in any specific case, different sections of this code specify
different materials, methods of construction or other requirements, the most restrictive shall govern.
102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought
with respect to,zoning requirements, land use requirements and owner specifications or programmatic
requirements which do not pertain to and govern the design, construction, erection, alteration,
modification, repair or demolition of public or private buildings, structures or facilities or to
programmatic requirements that do not pertain to enforcement of the Florida Building Code.
Additionally, a local code enforcement agency may not administer or enforce the Florida Building Code
Building to prevent the citing of any publicly owned facility, including, but not limited to, correctional
facilities, juvenile justice facilities, or state universities, community colleges, or public education
facilities, as provided by law.
102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection,
alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and
demolition of every public and private building, structure or facility or floating residential structure,or any
5
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 the Florida Building Code, Existing Building. The following buildings, structures and
facilities, except for those located in a Special Flood Hazard Area 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
shall apply to such mobile or modular structures. Permits shall be required for structural support
and tie down, electric supply and all other such utility connections to such mobile or modular
structures as required by this jurisdiction.
(f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes,
which are directly involved in the generation, transmission, or distribution of electricity.
(g) Temporary sets, assemblies, or structures used in commercial motion picture or television
production, or any sound-recording equipment used in such production, on or off the premises.
(h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of
Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has
a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate
any electrical, plumbing, or other non-wood features.
(i) Family mausoleums not exceeding 250 square feet (23 m2) in area which are prefabricated and
assembled on site or preassembled and delivered on site and have walls, roofs, and a floor
constructed of granite, marble, or reinforced concrete.
(j) Temporary housing provided by the Department of Corrections to any prisoner in the state
correctional system.
(k)A building or structure having less than 1,000 square feet (93 m2) which is constructed and owned
by a natural person for hunting and which is repaired or reconstructed to the same dimension and
condition as existed on January 1, 2011, if the building or structure:
1. Is not rented or leased or used as a principal residence;
2. Is not located within the 100-year floodplain according to the Federal Emergency Management
Agency's current Flood Insurance Rate Map; and
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3. Is not connected to an off-site electric power or water supply.
(I) Service providers of water, sewer, storm, gas, cable,telephone, or other similar utility systems are
exempt to the point of service connection for the building or structure.
However, these structures may be subject to local zoning and/or land development regulations.
102.2.1 In addition to the requirements of Section 553.79 and 553.80, Florida Statutes,facilities subject
to the provisions of chapter 395, Florida Statutes, and part 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 Residential buildings or structures moved into or within a county or municipality shall not be
required to be brought into compliance with the state minimum building code in force at the time the
building or structure is moved, provided:
1. The building or structure is structurally sound 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 construction and are
operational and safe for reconnection; and
6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this
state, if required by the Florida Building Code, Building for all residential buildings or structures
of the same occupancy class.
7. The requirements of Florida Building Code, Existing Building Volume, are also satisfied.
102.2.3 The Building Official shall apply the same standard to a moved residential building or structure
as that applied to the remodeling of any comparable residential building or structure to determine
whether the moved structure is substantially remodeled. The cost of the foundation on which the
moved building or structure is placed shall not be included in the cost of remodeling for purposes of
determining whether a moved building or structure has been substantially remodeled.
102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture
and Consumer Services to inspect amusement rides or the Department of Financial Services to
inspect state-owned buildings and boilers.
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102.2.5 Each enforcement district or local enforcement agency shall be governed by a board, the
composition of which shall be determined by the affected localities.
1. At its own option, each enforcement district or local enforcement agency may adopt rules
granting to the owner of a single-family residence one or more exemptions from the Florida Building
Code relating to:
a. Addition, alteration, or repairs performed by the property owner upon his or her own property,
provided any addition or alteration shall not exceed 1,000 square feet (93 m2) or the square footage
of the primary structure, whichever is less.
b. Addition, alteration, or repairs by a non-owner within a specific cost limitation set by rule,
provided the total cost shall not exceed $5,000 within any 12-month period.
c. Building and inspection fees.
2. However,the exemptions under subparagraph 1 do not apply to single-family residences that are
located in mapped flood hazard areas, as defined in the code, unless the enforcement district or
local enforcement agency has determined that the work, which is otherwise exempt, does not
constitute a substantial improvement, including the repair of substantial damage, of such single-
family residences.
3. Each code exemption, as defined in sub-subparagraphs la, 1b, and 1c shall be certified to the
local board 10 days prior to implementation and shall only be effective in the territorial
jurisdiction of the enforcement district or local enforcement agency implementing it.
1. However, each enforcement district or local enforcement agency may establish an alternative
permitting program for replacing nonstructural components of building systems in a residential
- _ . .. . •• . - _ t+e+ if either towner o - - • .. . _ • - - . -
valid Annual Permit per Section 105.1.1 of this code and all such work is reported as required in
. . .. .
new building work of any type shall be excluded from individual permit and inspection by this
}
102.2.6 This section does not apply to swings and other playground equipment accessory to a one- or
two-family dwelling.
Exception: Electrical service to such playground equipment shall be in accordance with chapter 27
of this code.
102.3 Application of references. References to chapter or section numbers, or to provisions not
specifically identified by number, shall be construed to refer to such chapter, section or provision of this
code.
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102.4 Referenced codes and standards. The codes and standards referenced in this code shall be
considered part of the requirements of this code to the prescribed extent of each such reference and as
further regulated in Sections 102.4.1 and 102.4.2.
102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and
standards, the provisions of this code shall apply.
102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a
referenced code or standard includes subject matter that is within the scope of this code or the Florida
Codes listed in Section 101.4,the provisions of this code or the Florida Codes listed in Section 101.4, as
applicable, shall take precedence over the provisions in the referenced code or standard.
102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this
shall not have the effect of making void or illegal any of the other parts or provisions.
102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this
code shall be permitted to continue without change, except as is specifically covered in this code, the,
Florida Building Code, Existing Building, the Florida Fire Prevention Code, or
Code. For provisions related to property maintenance, refer to the City of Boynton Beach Code of
Ordinances, Chapter 10, Article IV.
102.6.1 Buildings not previously occupied. A building or portion of a building that has not been
previously occupied or used for its intended purpose in accordance with the laws in existence at the
time of its completion shall comply with the provisions of the Florida Building Code or Florida
Residential Code, as applicable, for new construction or with any current permit for such occupancy.
102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of
adoption of this code shall be permitted to continue without change, except as otherwise specifically
provided in this code, the Florida Fire Prevention Code and 101.1.1 Property Maintenance. For
_ _ _ • - . _ _ _ _ - - . - - - - _ the City of Boynton Beach Code of Ordinances,
Chapter 10, Article IV, or as is deemed necessary by the Building Official for the general safety and
welfare of the occupants and the public.
102.7 Relocation of manufactured buildings.
(1) Relocation of an existing manufactured building does not constitute an alteration.
(2) A relocated building shall comply with wind speed requirements of the new location, using the
appropriate wind speed map. If the existing building was manufactured in compliance with the
Standard Building Code(prior to March 1, 2002),the wind speed map of the Standard Building Code
shall be applicable. If the existing building was manufactured in compliance with the Florida Building
Code (after March 1, 2002), the wind speed map of the Florida Building Code shall be applicable.
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(3) A relocated building shall comply with the flood hazard area requirements of the new location, if
applicable.
102.8 Existing mechanical equipment. An agency or local government may not require that existing
mechanical equipment located on or above the surface of a roof be installed in compliance with the
requirements of the Florida Building Code except during reroofing when the equipment is being replaced
or moved during reroofing and is not in compliance with the provisions of the Florida Building Code
relating to roof-mounted mechanical units.
PART 2—ADMINISTRATION AND ENFORCEMENT
SECTION 103
BUILDING DIVISION
103.1 Creation of enforcement agency. The Building Division is hereby created and the official in charge
thereof shall be known as the Building Official.
103.2 Appointment. The Building Official shall be appointed by the chief appointing authority of the
jurisdiction.
103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the
concurrence of the appointing authority,the Building Official shall have the authority to appoint a deputy
Building Official, the related technical officers, inspectors, plan examiners and other employees. Such
employees shall have powers as delegated by the Building Official.
103.4 Restrictions on employees. (Reserved).
SECTION 104
DUTIES AND POWERS OF THE BUILDING OFFICIAL
104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this
code. The Building Official shall have the authority to render interpretations of this code and to adopt
policies and procedures in order to clarify the application of its provisions. Such interpretations, policies
and procedures shall be in compliance with the intent and purpose of this code. Such policies and
procedures shall not have the effect of waiving requirements specifically provided for in this code.
104.2 Applications and permits. The Building Official shall receive applications, review construction
documents and issue permits for the erection, and alteration, demolition and moving of buildings and
structures,and service systems, inspect the premises for which such permits have been issued and enforce
compliance with the provisions of this code.
104.2.1 Determination of substantially improved or substantially damaged existing buildings and
structures in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration,
10
addition or other improvement of existing buildings or structures located in flood hazard areas, the
Building Official shall determine if the proposed work constitutes substantial improvement or repair of
substantial damage. Where the Building Official determines that the proposed work constitutes
substantial Improvement or repair of substantial damage,and where required by this code,the Building
Official shall require the building to meet the requirements of Section 1612 of the Florida Building Code,
Buildingor Section R322 of the Florida Building Code, Residential and Article X. Flood Prevention
Requirements.
104.3 Notices and orders. The Building Official shall issue all necessary notices or orders to ensure
compliance with this code.
104.4 Inspections. The Building Official shall make all of the required inspections, or the Building Official
shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of
such inspections shall be in writing and be certified by a responsible officer of such approved agency or
by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed
necessary to report upon unusual technical issues that arise, subject to the approval of the appointing
authority.
104.5 Identification. The Building Official shall carry proper identification when inspecting structures or
premises in the performance of duties under this code.
104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code,
or where the Building Official has reasonable cause to believe that there exists in a structure or upon a
premises a condition which is contrary to or in violation of this code which makes the structure or premises
unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at
reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure
or premises be occupied that credentials be presented to the occupant and entry requested. If such
structure or premises is unoccupied,the Building Official shall first make a reasonable effort to locate the
owner or other person having charge or control of the structure or premises and request entry. If entry is
refused, the Building Official shall have recourse to the remedies provided by law to secure entry.
104.6.2 When the Building Official obtains a proper inspection warrant 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.
104.7 Division of records.The Building Official shall keep official records of applications received, Permits
and certificates issued,fees collected, reports of inspections, and notices and orders issued. Such records
shall be retained in the official records for the period required for retention of public records per FS 119.
104.8 Liability. The Building Official, member of the board of appeals or employee charged with the
enforcement of this code,while acting for the jurisdiction in good faith and without malice in the discharge
of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or
11
criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing
to persons or property as a result of any act or by reason of an act or omission in the discharge of official
duties. Any suit instituted against an officer or employee or board member because of an act performed
by that officer or employee or board member in the lawful discharge of duties and under the provisions
of this code shall be defended by legal representative of the jurisdiction until the final termination of the
proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or
proceeding that is instituted in pursuance of the provisions of this code.
104.8.1 Legal defense.Any suit or criminal complaint instituted against an officer or employee or board
member of an act performed by that officer or employee or board member in the lawful discharge of
duties and under the provisions of this code shall be defended by legal representatives of the
jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall
not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions
of this code.
104.9 Approved materials and equipment. Materials, equipment and devices approved by the Building
Official shall be constructed and installed in accordance with such approval.
104.9.1 Used materials and equipment. The use of used materials which meet the requirements of
this code for new materials is permitted. Used equipment and devices shall not be reused unless
approved by the Building Official.
104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of
this code,the Building Official shall have the authority to grant modifications for individual cases, upon
application of the owner or owner's representative, provided the Building Official shall first find that
special individual reason makes the strict letter of this code impractical and the modification is in
compliance with the intent and purpose of this code and that such modification does not lessen health,
accessibility, life and fire safety, or structural requirements. The details of action granting modifications
shall be recorded and entered in the files of the Building Department.
104.10.1 Flood hazard areas.The Building Official shall coordinate with the floodplain administrator to
review requests submitted to the Building Official that seek approval to modify the strict application of
the flood resistant construction requirements of the Florida Building Code and Article X. Flood
Prevention Requirements to determine whether such requests require the granting of a variance
pursuant to Section 117.
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 alternative meets all of the following: : - . ' . _ • _ _ _ '-
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with the intent of the provisions of this code, and that the material, method or work offered is, for the
- - - - _ •- ' - _ ' - -• - " - - - •- - •- -• -- •- - - - • •, ' .
construction is not approved, the Building Official shall respond in writing, stating the reasons why the
alternative was not approved.
1. The alternative material, design, or method of construction is satisfactory and complies with the
intent of the provisions of this code, and
2. The material, method, or work offered is, for the purpose intended, not less than the equivalent
of that prescribed in this code as it pertains to the following:
2.1 Quality,
2.2 Strength,
2.3 Effectiveness,
2.4 Fire Resistance,
2.5 Durability,
2.6 Safety, and
2.7 Level of Sanitation.
Where the alternative material, design, or method of construction is not approved, the Building Official
shall respond in writing, stating the reasons why the alternative was net approved.
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.
104.12 Requirements not covered by this code. Any requirements necessary for 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 other
technical codes, shall be determined by the Building Official.
SECTION 105
PERMITS
105.1 Required. Any contractor, owner or owner's authorized agent in accordance with chapter 489,
Florida Statutes,who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy
of a building, tenancy or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace
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any impact-resistant coverings, electrical,gas, mechanical or plumbing,fire protection systems, accessible
elements, flood resistant elements, site drainage elements, the installation of which is regulated by this
code or Part III, Chapter 2, Article IV of the BBFL Code of Ordinances, or to cause any such work to be
done, shall first make application to the Building Official and obtain the required permit(s).
105.1.1 Annual facility Facility permit. In lieu of an individual Permit for each Alteration to an Existing
electrical, gas, mechanical or plumbing or interior nonstructural office system(s), the Building Official
is authorized to issue an annual Permit for any occupancy to facilitate routine or emergency service,
repair, refurbishing, minor renovations of service systems or manufacturing equipment
installations/relocations. The Building Official shall be notified of major changes and shall retain the
right to make inspections at the facility site as deemed necessary. An annual facility permit shall be
assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit
shall be obtained for each facility and for each construction trade, as applicable.The permit application
shall contain a general description of the parameters of work intended to be performed during the
year.
105.1.2 Annual Facility permit records. The person to whom an annual permit is issued shall keep a
detailed record of Alterations made under such annual permit. The Building Official shall have access
to such records at all times or such records shall be filed with the Building Official as designated. The
Building Official is authorized to revoke such permit, if code violations are found to exist.
105.1.3 Food permit. In accordance with 500.12, Florida Statutes, a food permit from the Department
of Agriculture and Consumer Services is required of any person who operates a food establishment or
retail store.
105.1.4 Public swimming pool. The local enforcing agency may not issue a building permit to construct,
develop, or modify a public swimming pool without proof of application, whether complete or
incomplete, for an operating permit pursuant to Section 514.031, Florida Statutes. A certificate of
completion or occupancy may not be issued until such operating permit is issued. The local enforcing
agency shall conduct their review of the building permit application upon filing and in accordance with
chapter 553, Florida Statutes. The local enforcing agency may confer with the Department of Health, if
necessary, but may not delay the building permit application review while awaiting comment from the
Department of Health.
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed
to grant authorization for any work to be done in any manner in violation of the provisions of this code or
any other laws or ordinances of this jurisdiction, to include work in any special flood hazard area.
Exemptions granted under this section do not relieve the owner or contractor from their duty to comply
with applicable provisions of the Florida Building Code, and requirements of the Local Floodplain
Management Ordinance. As Determined by The Building Official, permits shall not be required for the
following:
Building:
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1. Building permits are not required for replacement or repair work having a value of less than$47000,00
$2,000.00, providing, however, that such work will not adversely affect the structural integrity, fire
rating, exit access, or egress requirements.
2. Cabinets and countertops with no reconfiguration for one- and two-Family Dwellings, painting,
papering, carpeting, and similar finish work, with no electrical or plumbing work.
3. Temporary motion picture, television, and theater sets and scenery.
4. Traditional swings and other standard playground equipment accessory to detached one- and two-
family dwellings, but they may be subject to Zoning permits.
5. Retractable awnings supported by an exterior wall and do not require additional support of Groups R-
3 and U occupancies, but they may be subject to Zoning permits.
6. In the case of roofing repairs, a permit may not be required for work having a value of less than $500,
unless such work effects the structural integrity or secondary water barrier of the roof.
7. Sheds for single family dwelling/lot, having a size less than or equal to 6'X6' and 6' in height are exempt
from building permits, but they may be subject to Zoning permits. Vinyl and other lightweight product
sheds are intended to be removable and are not permanent structures, but they may be subject to
Zoning permits.
Electrical:
Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of
approved portable electrical equipment to approved permanently installed receptacles or repair and
replacement of like for like common household electrical fixtures, switches, and outlets on the load side
of the electrical source.
Radio and television transmitting stations: The provisions of this code shall not apply to electrical
equipment used for radio and television transmissions, but do apply to equipment and wiring for a power
supply and the installations of towers and antennas, except as exempted by section 489.503(14), Florida
Statutes.
Temporary testing systems: A permit shall not be required for the installation of any temporary system
required for the testing or servicing of electrical equipment or apparatus.
Gas:
1. Portable heating appliance.
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2. Replacement of any minor part that does not alter approval of equipment or make such equipment
unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Portable self-contained refrigeration system containing 10 pnunds (5 kg) or less of refrigerant and
actuated by motors of 1 horsepower (746 W) or less.
8. The installation, replacement, removal or metering of any electrical load management control device
where installed by a utility service provider.
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 in one-
and two-family dwellings. This does not include water heaters, bathtubs, or showers.
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. Notification shall be given to the Building Official, including the work address,
nature of emergency, and scope of work immediately, or by the next business day.
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105.2.2. Minor repairs. Ordinary minor repairs may be made with the approval of the Building Official
without a permit, provided the repairs shall not include the cutting away of any wall, partition or
portion thereof,the removal or cutting of any structural beam or load-bearing support, or the removal
or change of any required means of egress, or rearrangement of parts of a structure affecting the egress
requirements; nor shall ordinary repairs include addition to, addition of, replacement or relocation of
any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping,
electric wiring systems or mechanical equipment or other work affecting public health or general
safety, and such repairs shall not violate any of the provisions of the technical codes.
105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair
of generation, transmission, distribution or metering or other related equipment that is under the
ownership and control of public service agencies by established right.
105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in
writing on a form furnished by the Building Department for that purpose.
Permit application forms shall be in the format prescribed by a local administrative board, if applicable,
and must comply with the requirements of Section 713.135(5) and (6), Florida Statutes.
Each application shall be inscribed with the date of application, 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 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.
Effective October 1, 2017, a local enforcement agency shall post each type of building permit application
on its website. Completed applications must be able to be submitted electronically to the appropriate
division of building safety. Accepted methods of electronic submission include, but are not limited to, e-
mail submisfion of applications in portable document format or submission of applications through an
electronic fill-in form available on the division of building safety's website or through a third-party
submission management software. Payments, attachments, or drawings required as part of the permit
application may be submitted in person in a non-electronic format, at the discretion of the Building
Official.
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.
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105.3.1.1 If a state university, Florida college or public-school district elects to use a local
government's code enforcement offices, fees charged by counties and municipalities for
enforcement of the Florida Building Code on buildings, structures, and facilities of state universities,
state colleges, and public-school districts shall not be more than the actual labor and administrative
costs incurred for plans review and inspections to ensure compliance with 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 enforcing agency which issues
the permit any of the following documents which apply to the construction for which the permit is
to be issued and which shall be prepared by or under the direction of an engineer registered under
chapter 471, Florida Statutes:
1. Plumbing documents for any new building or addition which requires a plumbing system with
more than 250 fixture units or which costs more than $125,000.
2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler
system which contains 50 or more sprinkler heads. Personnel as authorized by chapter 633
Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the
alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition
or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler
system.
3. Heating, ventilation, and air-conditioning documents for any new building or addition which
requires more than a 15-ton-per-system capacity which is designed to accommodate 100 or more
persons or for which the system costs more than $125,000. This paragraph does not include any
document for the replacement or repair of an existing system in which the work does not require
altering 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
$125,000 or less; and when a 15-ton-per system or less is designed for a singular space of a
building and each 15-ton system 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.
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Because the six mechanical units are connected to a common water tower this is considered to
be an 18-ton system.
NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and
$125,000 apply to the building occupancy load and the cost for the total air-conditioning system
of the building.
4. Any specialized mechanical, electrical,or plumbing document for any new building or addition
which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection
and alarm system which costs more than $5,000.
Exception:
Simplified permitting process for fire alarm system projects. —
(1) As used in this section, the term:
(a) "Contractor" means a person who is qualified to engage in the business of electrical or
alarm system contracting pursuant to a certificate or registration issued by the department
under part II of chapter 489, Florida Statutes.
(b) "Fire alarm system project" means a fire alarm system alteration of a total of 20 or fewer
initiating devices and notification devices, or the installation or replacement of a fire
communicator connected to an existing fire alarm control panel in an existing commercial,
residential, apartment, cooperative, or condominium building.
(2)(a) A local enforcement agency may require a contractor, as a condition of obtaining a
permit for a fire alarm system project, to submit a completed application and payment.
(b) A local enforcement agency may not require a contractor to submit plans or
specifications as a condition of obtaining a permit for a fire alarm system project.
(3)A local enforcement agency must issue a permit for a fire alarm system project in person
or electronically.
(4) A local enforcement agency must require at least one inspection of a fire alarm system
project to ensure compliance with applicable codes and standards. If a fire alarm system
project fails an inspection, the contractor must take corrective action as necessary to pass
inspection.
(5) A contractor must keep a copy of the plans and specifications at a fire alarm system
project worksite and make such plans and specifications available to the inspector at each
inspection.
5. Electrical documents. See section 471.003(2)(h), Florida Statutes. Any electrical ung
system meeting the following thresholds are required to be
designed by a Florida Registered Engineer. Any system which:
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4- J Requires an electrical or plumbing or air conditioning and refrigeration system with a
value greater than $125,000; and
2-(b) Requires an aggregate service capacity of greater than 600 amperes (240 volts) on a
residential electrical system or greater than 800 amperes (240 volts) on a commercial or
industrial electrical system or any multi-phase system.,,-
a.
ystem.;a. Requires a plumbing system with more than 250 fixture units; or
• . _.. - -
per system capacity, or if the project is designed to accommodate more than 100 persons.
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.
NOTE: It was further clarified by the Commission that the limiting factor of 240 volt or over
is required to be designed by an Engineer.
6. All public swimming pools and public bathing places defined by and regulated under chapter
514, Florida Statutes.
105.3.2 Time limitation of application. An application for a permit for any proposed work shall be
deemed to have been abandoned becoming null and void 180 days after the date of filing, or for any 6
months (180 days) period of abandonment or suspension during the application process, unless such
application has been pursued in good faith or a permit has been issued; except that the Building Official
is authorized to grant one or more extensions of time for additional periods not exceeding 90 days
each. The extension shall be requested in writing prior to the abandonment date, with justifiable cause
demonstrated. Abandoned applications shall be subject to destruction in accordance with state law.
The fee for renewal, re-issuance, and extension of a permit application shall be set forth by the
administrative authority. There may be fees or requirements from other government agencies for
permit application extensions and renewals.
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, such as the requirement for Home or Property Owners Association approval,
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
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application or unless the permit application fails to satisfy the Florida Building Code or the enforcing
agency's laws or ordinances.
105.3.5 Identification of minimum premium policy. Except as otherwise provided in chapter 440,
Florida Statutes, every employer shall, as a condition to receiving a building permit, show proof that it
has secured compensation for its employees as provided in sections 440.10 and 440.38, Florida
Statutes.
105.3.6 Asbestos removal contractor exemption. Refer to section 105.9 for additional requirements.
A licensed asbestos removal contractor is not required when moving, removal or disposal of asbestos-
containing materials on a residential building where the owner occupies the building, the building is
not for sale or lease, and the work is performed according to the owner-builder limitations provided in
this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and
sign the building permit application. The permitting agency shall provide the person with a disclosure
statement in substantially the following form:
Disclosure Statement: State law requires asbestos abatement to be done by licensed
contractors.You have applied for a permit under an exemption to that law.The exemption allows
you, as the owner of your property, to act as your own asbestos abatement contractor even
though you do not have a license. You must supervise the construction yourself. You may move,
remove or dispose of asbestos-containing materials on a residential building where you occupy
the building and the building is not for sale or lease, or the building is a farm outbuilding on your
property. If you sell or lease such building within 1 year after the asbestos abatement is complete,
the law will presume that you intended to sell or lease the property at the time the work was
done, which is a violation of this exemption. You may not hire an unlicensed person as your
contractor. Your work must be done according to all local, state and federal laws and regulations
which apply to asbestos abatement projects. It is your responsibility to make sure that people
employed by you have licenses required by state law and by county or municipal licensing
ordinances.
105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be permitted to complete
all buildings designed and approved prior to the effective date of a new code edition, provided a clear
signed contract is in place. The contract shall provide specific data mirroring that required by an
application for permit, specifically, without limitation, date of execution, building owner or dealer, and
anticipated date of completion. However, the construction activity must commence within 6 months
of the contract's execution. The contract is subject to verification by the Department of Business and
Professional Regulation.
105.3.8 Public right of way. A permit shall not be issued by the Building Official for the construction,
alteration, or relocation of any building, structure, or system impacting any street, alley or public lane,
unless the applicant has received a right of way permit from the authority having jurisdiction over the
right of way.
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105.4 Conditions of the permit.The issuance or granting of a permit shall not be construed to be a permit
for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of any
other federal,state and local laws, ordinances, codes and regulations. permits presuming to give authority
to violate or cancel the provisions of this code or other ordinances of any other federal, state and local
laws, ordinances, codes and regulations shall not be valid. The issuance of a permit based on construction
documents and other data shall not prevent the Building Official from requiring the correction of errors
in the construction documents and other data. The Building Official is also authorized to prevent
occupancy or use of a structure where in violation of this code or of any other ordinances of this
jurisdiction or of any other federal, state and local laws, ordinances, codes and regulations.
105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and
not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor
shall issuance of a permit prevent the Building Official from thereafter requiring a correction of errors
in plans, construction or violations of this code. Every permit issued shall become invalid unless the
work authorized by such permit is commenced within six months (180 Days) after its issuance, or if the
work authorized by such permit is suspended or abandoned for a period of six months (180 Days) after
the time the work is commenced.
105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires
because of lack of progress or abandonment,a new permit covering the proposed construction shall
be obtained before proceeding with the work.
105.4.1.2 If a new permit, or revalidation (renewal) of the original permit, is not obtained within six
months (180 days) from the date the initial permit became null and void, the Building Official is
authorized to require that any work which has been commenced or completed be removed from
the building site. Alternately, a new permit may be issued on application, providing the work in
place and required to complete the structure meets all applicable regulations in effect at the time
the initial permit became null and void and any regulations which may have become effective
between the date of expiration and the date of issuance of the new permit.
105.4.1.3 Work shall be considered to be in active progress when the permit has received an
approved inspection within 180 days. This provision shall not be applicable in case of civil
commotion or strike or when the building work is halted due directly to judicial injunction, order or
similar process, or due to action by an environmental or archeological agency having jurisdiction.
The Building Official is authorized to grant, in writing, one or more extensions of time, for periods
not more than 3 months each. The extension shall be requested in writing and justifiable cause
demonstrated, prior to expiration.
105.4.1.4 The fee for renewal, reissuance and extension of a permit shall be set forth by the
administrative authority. There may be fees or requirements from other government agencies for
permit extensions and renewals.
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105.5 Expiration. Every permit issued shall become inactive or expired pursuant to section 105.4.1 of this
code, and shall be renewed pursuant to section 105.4.1.1 of this code before the work may resume.
Permits that remain inactive or expired for more than six months (180 Days) shall lose all rights vested in
the permit pursuant to section 105.4.1.2 of this code. In order to complete the work authorized under a
permit which has loss all vested rights,the permit holder and property owner shall be responsible to either
remove the work from the site or obtain a new permit to complete all work in accordance with the current
code requirements and approved permitted plans. Inspections performed and accepted prior to
expiration may be accepted subject to the discretion of the Building Official.
105.5.1 Additional options for closing a permit. Pursuant to section 553.79(15), Florida Statutes, a
property owner, regardless of whether the property owner is the one listed on the application for the
building permit, may close a building permit by complying with the following requirements:
1.) The property owner may retain the original contractor listed on the permit or hire a different
contractor appropriately licensed in this state to perform the work necessary to satisfy the conditions
of the permit and to obtain any necessary inspection in order to close the permit. If a contractor other
than the original contractor listed on the permit is hired by the property owner to close the permit,
such contractor is not liable for any defects in the work performed by the original contractor and is
only liable for the work that he or she performs.
2.) The property owner may assume the role of an owner-builder, in accordance with sections
489.103(7) and 489.503(6), Florida Statutes.
3.) If a building permit is expired and its requirements have been substantially completed and no life
safety issues exist as determined by the local enforcement agency, the permit may be closed without
having to obtain a new building permit, and the work required to close the permit may be done
pursuant to the building code in effect at the time the local enforcement agency received the
application for the permit, unless the contractor has sought and received approval from the local
enforcement agency for an alternative material, design or method of construction.
4.) A local enforcement agency may close a building permit 6 years after the issuance of the permit,
even in the absence of a final inspection, if the local enforcement agency determines that no apparent
safety hazard exists.
105.5.1.1 For purposes of this section, the term "close" means that the requirements of the permit
have been satisfied.
105.5.1.2 For the purposes of this subsection, an open permit shall mean a permit that has not
satisfied all requirements for completion as listed in section 110.
105.5.2 Responsibility to Close Permits. Closing out or resolving open or expired permits shall be the
responsibility of the permit applicant and the property owner. Failure to close out or resolve open
permits may result in a referral of the matter to the Florida Department of Business and Professional
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Regulations-Construction Industry Licensing Board (CILB) or Palm Beach County Construction Industry
Licensing Board (CILB), as applicable, and the Boynton Beach Community Standards Division.
105.6 Denial or revocation. Whenever a permit required under this section is denied or revoked because
the plan,or the construction,erection,alteration,modification, repair,or demolition of a building, is found
by the local enforcing agency to be not in compliance with the Florida Building Code, the local enforcing
agency shall identify the specific plan or project features that do not comply with the applicable codes,
identify the specific code chapters and sections upon which the finding is based, and provide this
information to the permit applicant. If the local building code administrator or inspector finds that the
plans are not in compliance with the Florida Building Code, the local building code administrator or
inspector shall identify the specific plan features that do not comply with the applicable codes, identify
the specific code chapters and sections upon which the finding is based, and provide this information to
the local enforcing agency. The local enforcing agency shall provide this information to the permit
applicant.
105.6.1 Arm's Length-Purchaser- Pursuant to section 553.79(16), Florida Statutes, a local enforcement
agency may not deny issuance of a building permit to; issue a notice of violation to; or fine, penalize
sanction or assess fees against an arm's-length purchaser of a property for value solely because a
building permit applied for by a previous owner of the property was not closed. The local enforcement
agency shall maintain all rights and remedies against the property owner and contractor listed on the
permit.
105.6.2 Discipline. Pursuant to section 553.79(16), Florida Statutes, a local enforcement agency may
not deny issuance of a building permit to a contractor solely because the contractor is listed on other
building permits that were not closed. However, the Building Official may elect to refer violations to
the appropriate licensing authority for potential discipline.
105.6.3 Misrepresentation of application.The Building Official may revoke a permit or approval, issued
under the provisions of this code, when there has been any false statement or misrepresentation as to
the material fact in the application or plans on which the permit or approval was based.
105.6.4 Violation of code provisions. The Building Official may require correction or revoke the permit
upon determination by 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, the
provisions of this code.
105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the
completion of the project.
105.8 Notice of commencement. In accordance with 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
24
PROPERTY.A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE
THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT."
105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation
of an existing structure to contain an asbestos notification statement which indicates the owner's or
operator's responsibility to comply with the provisions of section 469.003, Florida Statutes, and to notify
the Department of Environmental Protection of his or her intentions to remove asbestos,when applicable,
in accordance with state and federal law. Refer to section 105.3.6 "Asbestos Removal Contractor
Exemption" of this code for additional requirements.
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. For a bait system, see section 1816.1.7 of the Florida Building Code for contract document
requirements.
105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider
and need for reinspection 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 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. This provision only applies to
the Florida Building Code, all other agency approvals necessary for construction must be secured prior to
this provision being applied.
105.13 Phased permit approval. After submittal of the appropriate construction documents,the Building
Official is authorized to issue a permit for the construction of foundations or any other part of a building
or structure before the construction documents for the whole building or structure have been submitted.
The holder of such permit for the foundation or other parts of a building or structure shall proceed at the
holder's own risk with the building operation and without assurance that a permit for the entire structure
will be granted. Corrections may be required to meet the requirements of the technical codes. This
provision only applies to the Florida Building Code, all other agency approvals necessary for construction
must be secured prior to this provision being applied.
105.14 Permit issued on basis of an affidavit. 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
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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. Whenever a permit is issued in reliance upon an affidavit or whenever the work
to be covered by a permit involves installation under conditions which, in the opinion of the Building
Official, are hazardous or complex, the Building Official shall require that the architect or engineer who
signed the affidavit or prepared the drawings or computations shall supervise such work. In addition, they
shall be responsible for conformity to the permit, provide copies of inspection reports as inspections are
performed, and upon completion make and file with the Building Official written affidavit that the work
has been done in conformity to the reviewed plans and with the structural provisions of the technical
codes. In the event such architect or engineer is not available, the owner shall employ in his stead a
competent person or agency whose qualifications are reviewed by the Building Official. The Building
Official shall ensure that any person conducting plans review is qualified as a plans examiner under part
XII of chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building
inspector under part III of chapter 468, Florida Statutes. Nothing aforesaid shall preclude plan review or
inspections by the Building Official (See also Section 107.6).
Exception: Permit issued on basis of an affidavit shall not extend to the flood load and flood resistance
requirements of the Florida Building Code and the Building Official shall review and inspect those
requirements.
105.15 Opening protection. When any activity requiring a building permit that is applied for on or after
July 1, 2008, and for which the estimated cost is $50,000 or more for a site built single-family detached
residential structure that is located in the wind borne debris region as defined in this Code and that has
an insured value of$750,000 or more, or, if the site built single-family detached residential structure is
uninsured or for which documentation of insured value is not presented, has a just valuation for the
structure for purposes of ad valorem taxation of$750,000 or more;opening protections as required within
this Code or Florida Building Code, Residential for new construction shall be provided.
Exception: Single family residential structures permitted subject to the Florida Building Code are not
required to comply with this section.
105.16 Inspection of existing residential building not impacted by construction.
(a) A local enforcing agency, and any local building code administrator, inspector, or other official or
entity, may not require as a condition of issuance of a one- or two-family residential building permit
the inspection of any portion of a building, structure, or real property that is not directly impacted by
the construction, erection, alteration, modification, repair, or demolition of the building, structure, or
real property for which the permit is sought.
(b) This subsection does not apply to a building permit sought for:
1. A substantial improvement as defined in section 161.54, Florida Statutes, or as defined in the
Florida Building Code.
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2. A change of occupancy as defined in the Florida Building Code.
3. A conversion from residential to nonresidential or mixed use pursuant to section 553.507(2)(a),
Florida Statutes, or as defined in the Florida Building Code.
4. A historic building as defined in the Florida Building Code.
(c)This subsection does not prohibit a local enforcing agency, or any local building code administrator,
inspector, or other official or entity, from:
1. Citing any violation inadvertently observed in plain view during the ordinary course of an
inspection conducted in accordance with the prohibition in paragraph (a).
2. Inspecting a physically nonadjacent portion of a building,structure,or real property that is directly
impacted by the construction, erection, alteration, modification, repair, or demolition of the
building, structure, or real property for which the permit is sought in accordance with the
prohibition in paragraph (a).
3. Inspecting any portion of a building, structure, or real property for which the owner or other
person having control of the building, structure, or real property has voluntarily consented to the
inspection of that portion of the building, structure, or real property in accordance with the
prohibition in paragraph (a).
4. Inspecting any portion of a building, structure, or real property pursuant to an inspection warrant
issued in accordance with sections 933.20-933.30, Florida Statutes.
105.17 Streamlined low-voltage alarm system installation permitting.
(1) As used in this section, the term:
(a) "Contractor" means a person who is qualified to engage in the business of electrical or alarm
system contracting pursuant to a certificate or registration issued by the department under part II
of chapter 489, Florida Statutes.
(b) "Low-voltage alarm system project" means a project related to the installation, maintenance,
inspection, replacement, or service of a new or existing alarm system, as defined in section
489.505, Florida Statutes, including video cameras and closed-circuit television systems used to
signal or detect a burglary, fire, robbery, or medical emergency, that is hardwired and operating at
low voltage, as defined in the National Electrical Code Standard 70, Current Edition, or a new or
existing low-voltage electric fence, and ancillary components or equipment attached to such a
system or fence, including, but not limited to, home-automation equipment, thermostats, closed-
circuit television systems, access controls, battery recharging devices, and video cameras.
(c) "Low-voltage electric fence" means an alarm system, as defined in section 489.505, Florida
Statutes, that consists of a fence structure and an energizer powered by a commercial storage
battery not exceeding 12 volts which produces an electric charge upon contact with the fence
structure.
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(d) "Wireless alarm system" means a burglar alarm system or smoke detector that is not
hardwired.
(2) Notwithstanding any provision of law, this section applies to all low-voltage alarm system projects
for which a permit is required by a local enforcement agency. However, a permit is not required to
install, maintain, inspect, replace, or service a wireless alarm system, including any ancillary
components or equipment attached to the system.
(3) A low-voltage electric fence must meet all of the following requirements to be permitted as a low-
voltage alarm system project, and no further permit shall be required for the low-voltage alarm
system project other than as provided in this section:
(a) The electric charge produced by the fence upon contact must not exceed energizer
characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International
Electrotechnical Commission Standard No. 60335-2-76, Current Edition.
(b) A nonelectric fence or wall must completely enclose the low-voltage electric fence. The low-
voltage electric fence may be up to 2 feet higher than the perimeter nonelectric fence or wall.
(c) The low-voltage electric fence must be identified using warning signs attached to the fence at
intervals of not more than 60 feet.
(d) The low-voltage electric fence shall not be installed in an area zoned exclusively for single-
family or multi-family residential use.
(e) The low-voltage electric fence shall not enclose the portions of a property which are used for
residential purposes.
(4) This section does not apply to the installation or replacement of a fire alarm if a plan review is
required.
(5) A local enforcement agency shall make uniform basic permit labels available for purchase by a
contractor to be used for the installation or replacement of a new or existing alarm system at a cost
as indicated in section 553.793, Florida Statutes of not more than $40 per label per project per unit.
The local enforcement agency may not require the payment of any additional fees, charges, or
expenses associated with the installation or replacement of a new or existing alarm system.
(a) A local enforcement agency may not require a contractor, as a condition of purchasing a label,
to submit any information other than identification information of the licensee and proof of
registration or certification as a contractor.
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(b) A label is valid for 1 year after the date of purchase and may only be used within the jurisdiction
of the local enforcement agency that issued the label. A contractor may purchase labels in bulk
for one or more unspecified current or future projects.
(6) A contractor shall post an unused uniform basic permit label in a conspicuous place on the premises
of the low-voltage alarm system project site before commencing work on the project.
(7) A contractor is not required to notify the local enforcement agency before commencing work on a
low-voltage alarm system project. However, a contractor must submit a Uniform Notice of a Low-
Voltage Alarm System Project as provided under subsection (8) to the local enforcement agency
within 14 days after completing the project. A local enforcement agency may take disciplinary action
against a contractor who fails to timely submit a Uniform Notice of a Low-Voltage Alarm System
Project.
(8) The Uniform Notice of a Low-Voltage Alarm System Project may be submitted electronically or by
facsimile if all submissions are signed by the owner, tenant, contractor, or authorized representative
of such persons. The Uniform Notice of a Low-Voltage Alarm System Project shall be in the format
prescribed by the local enforcement agency and must comply with the requirements of sections
553.793(7) and (8), Florida Statutes.
(9) A local enforcement agency may coordinate directly with the owner or customer to inspect a low-
voltage alarm system project to ensure compliance with applicable codes and standards. If a low-
voltage alarm system project fails an inspection, the contractor must take corrective action as
necessary to pass inspection.
(10) A municipality, county, district, or other entity of local government may not adopt or maintain in
effect any ordinance or rule regarding a low-voltage alarm system project that is inconsistent with
this section.
(11) A uniform basic permit label shall not be required for the subsequent maintenance, inspection, or
service of an alarm system that was permitted in accordance with this section.
The provisions of this act are not intended to impose new or additional licensure requirements on
persons licensed in accordance with the applicable provisions of chapter 489, Florida Statutes
SECTION 106
FLOOR AND ROOF DESIGN LOADS
106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or
industrial building is or has been designed to exceed 50 psf (2.40 kN/m2), such design live loads shall be
conspicuously posted by the owner or the owner's authorized agent in that part of each story in which
they apply, using durable signs. It shall be unlawful to remove or deface such notices
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106.2 Issuance of certificate of occupancy.A certificate of occupancy required by section 111 shall not be
issued until the floor load signs, required by section 106.1, have been installed.
106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor
or roof of a building or structure, or any portion thereof, a load greater than is permitted by this code.
SECTION 107
SUBMITTAL DOCUMENTS
107.1 General. Submittal documents consisting of construction documents, statement of special
inspections, geotechnical report and other data shall be submitted in two or more sets with each permit
application. The construction documents shall be prepared by a registered design professional where
required by chapter 471, Florida Statutes, and Florida Administrative Code Rule 61G15, or chapter 481,
Florida Statutes, and 61G1 Florida Administrative Code. Where special conditions exist, the Building
Official is authorized to require additional construction documents to be prepared by a registered design
professional. Electronic media documents shall be submitted when required by the Building Official, in a
format acceptable to the Building Official, and may require only one set of submittals.
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, interior designer, or engineer legally registered under the laws
of this state regulating the practice of architecture or interior design as provided for in chapter 481, Florida
Statutes, Part I, or landscape architecture as provided for in chapter 481, Florida Statutes, Part II, or
engineering as provided for in chapter 471, Florida Statutes, then he or she shall affix his or her official
seal to said drawings, specifications and accompanying data, as required by Florida Statute.
107.1.1 A local government may not require a contract between a builder and an owner for the issuance
of a building permit or as a requirement for the submission of a building permit application.
107.2 Construction documents. Construction documents shall be in accordance with sections 107.2.1
through 107.2.6.
107.2.1 Information on construction documents.
Construction documents shall be dimensioned and drawn upon suitable material. Electronic media
documents are permitted to be submitted when approved by the Building Official. Construction
documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed
and show in detail that it will conform to the provisions of this code and relevant laws, ordinances,
rules and regulations, as determined by the Building Official. Such drawings and specifications shall
contain information, in the form of notes or otherwise, as to the quality of materials, where quality is
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essential to conformity with the technical codes. Such information shall be specific, and the technical
codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used as a
substitute for specific information. All information, drawings, specifications and accompanying data
shall bear the name and signature of the person responsible for the design.
107.2.1.1 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 certifying suitability for the specific site must be submitted
with the construction documents.
107.2.1.2 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.
107.2.1.3 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, including electronic format, in
order to provide conformity to its electronic permit review and record retention program.This policy
may include such things as minimum size, shape, contrast, clarity, or other items related to records
management. Electronic media must be compatible with the archive requirements of Florida
Statutes.
107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection systems(s) shall
be submitted to indicate conformance to this code and the construction documents and shall be
approved prior to the start of system installation. Shop drawings shall contain all information as
required by the referenced installation standards in chapter 9.
107.2.3 Means of egress. The construction documents shall show in sufficient detail the location,
construction, size and character of all portions of the means of egress including the path of the exit
discharge to the public way in compliance with the provisions of this code. In other than occupancies
in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be
accommodated on every floor, and in all rooms and spaces.
107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior
wall envelope in sufficient detail to determine compliance with this code. The construction documents
shall provide details of the exterior wall envelope as required, including flashing, intersections with
dissimilar materials, corners, end details,control joints, intersections at roof, eaves or parapets, means
of drainage, water-resistive membrane and details around openings.
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The construction documents shall include manufacturer's installation instructions that provide
supporting documentation that the proposed penetration and opening details described in the
construction documents maintain the weather resistance of the exterior wall envelope.The supporting
documentation shall fully describe the exterior wall system which was tested,where applicable, as well
as the test procedure used.
107.2.5 Exterior balcony and elevated walking surfaces. Where balcony or other elevated walking
surfaces are exposed to water from direct or blowing rain,snow or irrigation, and the structural framing
is protected by an impervious moisture barrier the construction documents shall include details for all
element of the impervious moisture barrier system. The construction documents shall include
manufacturer's installation instructions. (CA7834)
107.2.6 Site plan. The construction documents submitted with the application for permit shall be
accompanied by a site plan showing to scale the size and location of new construction and existing
structures on the site, distances from lot lines,the established street grades and the proposed finished
grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be
drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan
shall show construction to be demolished and the location and size of existing structures and
construction that are to remain on the site or plot. The site plan shall include accessible parking and
accessible routes as required by the FBC Accessibility when applicable. The Building Official is
authorized to waive or modify the requirement for a site plan when the application for permit is for
alteration or repair or when otherwise warranted.
107.2.6.1 Design flood elevations. Where design flood elevations are not specified, they shall be
established in accordance with section 1612.3.1. Design flood elevations shall be uniformly specified
utilizing the currently effective NAVD 88.
107.2.6.2 For the purpose of inspection and record retention, site plans for a building may be
maintained in the form of an electronic copy at the worksite.These plans must be open to inspection
by the Building Official or a duly authorized representative, as required by the Florida Building Code.
107.2.7 Structural information.The construction documents shall provide the information specified in
Section 1603. - - • - - - • . - • , - - - . - - • • - -, - - - - •- • - • - - - . •- .
107.3 Examination of documents. The Building Official shall examine or cause to be examined the
accompanying submittal documents and shall ascertain by such examinations whether the construction
indicated and described is in accordance with the requirements of this code and other pertinent laws or
ordinances.
Exceptions:
32
1. Building plans approved pursuant to section 553.77(5), Florida Statutes, and state approved
manufactured buildings are exempt from local codes enforcing agency plan reviews except for
provisions of the code relating to erection, assembly or construction at the site. Erection, assembly
(including utility crossover connections) and construction at the site are subject to local permitting
and inspections. Photocopies of plans approved according to Florida Administrative Code Rule 61-
41.009, shall be sufficient for local permit application documents of record for the modular building
portion of the permitted project.
2. Industrial construction on sites where design, construction and fire safety are supervised by
appropriately licensed design and inspection professionals and which contain adequate in-house
fire departments and rescue squads is exempt, subject to approval by the Building Official, from
review of plans and inspections, providing the appropriate licensed design and inspection
professionals certify that applicable codes and standards have been met and supply appropriate
approved drawings to local building and fire-safety inspectors.
107.3.1 Approval of construction documents. When the Building Official issues a permit, the
construction documents shall be approved, in writing or by stamp, as"Reviewed for Code Compliance."
One set of construction documents so reviewed shall be retained by the Building Official. The other set
shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by
the Building Official or a duly authorized representative.
107.3.2 Previous approvals. This code shall not require changes in the construction documents,
construction or designated occupancy of a structure for which a lawful permit has been heretofore
issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith
within 180 days after the effective date of this code and has not been abandoned.
107.3.3 Phased approval. (See also section 105.13 of this code.) The Building Official is authorized to
issue a permit for the construction of foundations or any other part of a building or structure before
the construction documents for the whole building or structure have been submitted, provided that
adequate information and detailed statements have been filed complying with pertinent requirements
of this code.The holder of such permit for the foundation or other parts of a building or structure shall
proceed at the holder's own risk with the building operation and without assurance that a permit for
the entire structure will be granted. This provision only applies to the Florida Building Code; all other
agency approvals necessary for construction must be secured prior to this provision being applied.
107.3.4 Design professional in responsible charge. Where it is required that documents be prepared
by a registered design professional,the Building Official shall be authorized to require the owner or the
owner's authorized agent to engage and designate on the building permit application a registered
design professional, who shall act as the registered design professional, in reasonable charge. If the
circumstances require, the owner or the owner's authorized agent shall designate a sub
successor registered design professional in responsible charge who shall perform the duties required
of the original registered design professional in responsible charge. The Building Official shall be
notified in writing by the owner or the owner's authorized agent if the registered design professional
in responsible charge is changed or is unable to continue to perform the duties. The successor
33
registered design professional in responsible charge licensed under chapter 471, Florida Statutes, shall
comply with section 471.025(4), Florida Statute, and the procedures set forth in Florida Administrative
Code Rule 61G15-27.001; or licensed under chapter 481, Florida Statutes, shall comply with section
481.221(6), Florida Statutes, and the procedure set forth in Florida Administrative Code Rule 61G1-
18.002.
The registered design professional in responsible charge shall be responsible for reviewing and
coordinating submittal documents prepared by others, including phased and deferred submittal items,
for compatibility with the design of the building. Those products which are regulated by Florida
Administrative Code Rule 61G20 shall be reviewed and approved in writing by the designer of record
prior to submittal for jurisdictional approval.
107.3.4.1 Deferred submittals. For the purposes of this section, deferred submittals are defined as
those portions of the design that are not submitted at the time of the application and that are to be
submitted to the Building Official.
Deferral of any submittal items shall have the prior approval of the Building Official. The registered
design professional in responsible charge shall list the deferred submittals on the construction
documents for review by the Building Official.
Documents for deferred submittal items shall be submitted to the registered design professional in
responsible charge who shall review them and forward them to the Building Official with a notation
indicating that the deferred submittal documents have been reviewed and found to be in general
conformance to the design of the building. The deferred submittal items shall not be installed until
the deferred submittal documents have been approved by the Building Official.
107.3.4.2 Certifications by contractors authorized under the provisions of section 489.115(4)(b),
Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person
licensed under chapter 471, Florida Statutes, or chapter 481 Florida Statutes, by local enforcement
agencies for plans review for permitting purposes relating to compliance with the wind-resistance
provisions of the code or alternate methodologies approved by the Florida Building Commission for
one- and two-family dwellings. Local enforcement agencies may rely upon such certification by
contractors that the plans and specifications submitted conform to the requirements of the code for
wind resistance. Upon good cause shown, local government code enforcement agencies may accept
or reject plans sealed by persons licensed under chapters 471, 481, or 489, Florida Statutes.
107.3.5 Minimum plan review criteria for buildings.The examination of the documents by the Building
Official shall include the following minimum criteria and documents: a floor plan; site plan;foundation
plan; floor/roof framing plan or truss layout; all fenestration and building envelope penetrations;
flashing; and rough opening dimensions; and all exterior elevations:
Commercial Buildings:
Building
34
1. Site requirements:
Parking
Fire access
Vehicle loading
Driving/turning radius
Fire hydrant/water supply/post indicator valve (PIV)
Set back/separation (assumed property lines)
Location of specific tanks, water lines and sewer lines
Flood hazard areas, flood zones, and design flood elevations
2. Occupancy group and special occupancy requirements shall be determined (with cross check
with the energy code submittal).
3. Minimum type of construction shall be determined (see Table 503).
4. Fire-resistant construction requirements shall include the following components:
Fire-resistant separations
Fire-resistant protection for type of construction
Protection of openings and penetrations of rated walls
Fire blocking and draftstopping and calculated fire resistance
5. Fire suppression systems shall include:
Early warning smoke evacuation systems
Schematic fire sprinklers
Standpipes
Pre-engineered systems
Riser diagram
6. Life safety systems shall be determined and shall include the following requirements:
Occupant load and egress capacities
Early warning
Smoke control
Stair pressurization
Systems schematic
Safeguards during construction, as applicable
7. Occupancy load/egress requirements shall include:
Occupancy load
Gross
Net
Means of egress
Exit access
Exit
35
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 (including section 107.2.4 of this code)
Impact resistant coverings or systems
Structural calculations (if requested)
Foundation
Flood requirements in accordance with section 1612, including lowest floor elevations, enclosures,
flood damage-resistant materials
Wall systems
Floor systems
Roof systems
Threshold inspection plan
Stair systems
9. Materials shall be reviewed and shall at a minimum include the following:
Wood
Steel
Aluminum
Concrete
Plastic
Glass
Masonry
Gypsum board and plaster
Insulating (mechanical)
Roofing
Deck coatings
Insulation
Building envelope portions of the Energy Code(including calculation and mandatory requirements)
10. Accessibility requirements shall include the following:
Site requirements
Accessible route
Vertical accessibility
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Toilet and bathing facilities
Drinking fountains
Equipment
Special occupancy requirements
Fair housing requirements
11. Interior requirements shall include the following:
Interior finishes (flame spread/smoke development)
Light and ventilation
(including corresponding portion of the energy code)
Sanitation
12. Special systems:
Elevators
Escalators
Lifts
13. Energy Code submittal
14. Swimming pools:
Barrier requirements
Spas
Wading pools
15. Location and installation details. The specific location and installation details of each fire door,
fire damper, ceiling damper and smoke damper shall be shown and properly identified on the
building plans by the designer.
Electrical
1. Electrical:
Wiring
Services
Feeders and branch circuits
Overcurrent protection
Grounding
Wiring methods and materials
GFCIs
Electrical portions of the Energy Code (including calculation and mandatory requirements)
2. Equipment
3. Special occupancies
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4. Emergency systems
5. Communication systems
6. Low voltage
7. Load calculations
8. Design flood elevation
Plumbing
1. Minimum plumbing facilities
2. Fixture requirements
3. Water supply piping
4. Sanitary drainage
5. Water heaters
6. Vents
7. Roof drainage
8. Back flow prevention
9. Irrigation
10. Location of water supply line
11. Grease traps
12. Environmental requirements
13. Plumbing riser
14. Design flood elevation
15. Water/plumbing portions of the Energy Code (including calculation and mandatory
requirements)
Mechanical
38
1. Mechanical portions of the Energy calculations
2. Exhaust systems:
Clothes dryer exhaust
Kitchen equipment exhaust
Specialty exhaust systems
3. Equipment
4. Equipment location
5. Make-up air
6. Roof-mounted equipment
7. Duct systems
8. Ventilation
9. Combustion air
10. Chimneys, fireplaces and vents
11. Appliances
12. Boilers
13. Refrigeration
14. Bathroom ventilation
15. Laboratory
16. Design flood elevation
17. Smoke and/or Fire Dampers
Gas
1. Gas piping
2. Venting
3. Combustion air
39
4. Chimneys and vents
5. Appliances
6. Type of gas
7. Fireplaces
8. LP tank location
9. Riser diagram/shutoffs
10. Design flood elevation
11. Gas portions of the Energy Code (including calculation and mandatory requirements)
Demolition
1. Asbestos removal
Residential (one- and two-family):
1. Site requirements:
Set back/separation (assumed property lines)
Location of septic tanks
2. Fire-resistant construction (if required)
3. Fire
4. Smoke and/or carbon monoxide alarm detector locations
5. Egress
Egress window size and location stairs construction requirements
6. Structural requirements shall include:
Wall section from foundation through roof, including assembly and materials, connector
tables, wind requirements, and structural calculations (if required)
Termite protection
Design loads
Wind requirements
40
Building envelope
Structural calculations (if requested)
Foundation
Wall systems
Floor systems
Roof Systems
7. Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures,
equipment, and flood damage-resistant materials
8. Accessibility requirements: show/identify accessible bath
9. Impact resistant coverings or systems
10. Residential Energy Code submittal (including calculation and mandatory requirements)
11. Electrical:
Electric service riser with wire sizes, conduit detail and grounding detail
Complete load calculations, Panel schedules
12. Mechanical:
Equipment and location, Duct systems
13. Plumbing:
Plumbing riser
14. Gas:
Gas piping
Venting
Combustion air
Chimneys and vents
Appliances
Type of gas
Fireplaces
LP tank location
41
Riser diagram/shutoffs
15. Swimming Pools
Barrier requirements
Spas
Wading pools
Manufactured buildings/housing-
1. Site requirements
Setback/separation (assumed property lines)
Location of septic tanks (if applicable)
2. Structural
Wind zone
Anchoring
Blocking
3. Plumbing
List potable water source and meter size (if applicable)
4. Mechanical
Exhaust systems
Clothes dryer exhaust
Kitchen equipment exhaust
5. Electrical exterior disconnect location
Exemptions.
Plans examination by the Building Official shall not be required for the following work:
1. Replacing existing equipment such as mechanical units, water heaters, etc.;
2. Reroofs (as determined by Building Official);
3. Minor electrical, plumbing and mechanical repairs;
4. Annual maintenance permits;
5. Prototype plans: Except for local site adaptions, siding, foundations and/or modifications.
Except for structures that require waiver; or
6. Manufactured buildings plan except for foundations and modifications of buildings on site and
as listed above in manufactured buildings/housing.
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107.4 Amended construction documents. Work shall be installed in accordance with the approved
construction documents, and any changes made during construction that are not in compliance with the
approved construction documents shall be resubmitted for approval as an amended set of construction
documents.
107.5 Retention of construction documents. One set of approved construction documents shall be
retained by the Building Official for a period of not less than 180 days from date of completion of the
permitted work, or as required by state or local laws.
107.6 Affidavits. The Building Official may accept a sworn affidavit from a registered architect or engineer
stating that the plans submitted conform to the technical codes. For buildings and structures,the affidavit
shall state that the plans conform to the laws as to egress,type of construction and general arrangement
and, if accompanied by drawings, show the structural design and that the plans and design conform to
the requirements of the technical codes as to strength, stresses, strains, loads and stability. The Building
Official may without any examination or inspection accept such affidavit, provided the architect or
engineer who made such affidavit agrees to submit to the Building Official copies of inspection reports as
inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing
systems a certification that the structure,electrical, gas, mechanical or plumbing system has been erected
in accordance with the requirements of the technical codes. Where the Building Official relies upon such
affidavit,the architect or engineer shall assume full responsibility for compliance with all provisions of the
technical codes and other pertinent laws or ordinances. The Building Official shall ensure that any person
conducting plans review is qualified as a plans examiner under Part XII of chapter 468, and that any person
conducting inspections is qualified as a building inspector under Part XII of chapter 468, Florida Statutes.
Nothing shall preclude plan review or inspections by the Building Official (See also section 105.14). On
applications in which private provider services are utilized, all time frames shall adhere to time frames as
indicated in section 553.791 (7), Florida Statutes.
107.6.1 Building permits issued on the basis of an affidavit in special flood hazard areas. Pursuant to
the requirements of federal regulation for participation in the National Flood Insurance Program (44
C.F.R. Part 59 and 60), the authority granted to the Building Official to issue permits, to rely on
inspections, and to accept plans and construction documents on the basis of affidavits and plans
submitted pursuant to sections 105.14 and 107.6, shall not extend to the flood load and flood
resistance construction requirements of the Florida Building Code.
107.6.2 Affidavits Provided Pursuant to Section 553.791, Florida Statutes. For a building or structure
in a flood hazard area, the Building Official shall review any affidavit certifying compliance with the
flood load and flood-resistant construction requirements of the Florida Building Code.
SECTION 108
TEMPORARY STRUCTURES AND USES
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108.1 General. The Building Official is authorized to issue a permit for temporary structures and
temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more
than 180 days. The Building Official is authorized to grant extensions for demonstrated cause.
108.2 Conformance. Temporary structures and uses shall comply with the requirements in section 3103.
108.3 Temporary power. The Building Official is authorized to give permission to temporarily supply and
use power in part of an electric installation before such installation has been fully completed and the final
certificate of completion has been issued.The part covered by the temporary certificate shall comply with
the requirements specified for temporary lighting, heat or power in NFPA 70.
108.4 Termination of approval. The Building Official is authorized to terminate such permit for a
temporary structure or use and to order the temporary structure to be removed and the use to be
discontinued.
SECTION 109
FEES
109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor
shall an amendment to a permit be released until the additional fee, if any, has been paid.
109.1.1 Other fees.A permit shall not be issued until all other fees associated with said permit are paid.
Other fees may include additional fees, penalty fees, water and sewer capital facility fees, City Park &
Recreation fees, Fire Division fees, City Green Building Fee, Palm Beach County Impact fees and State
of Florida fees. Water and sewer facility fees are established in chapter 26 of the City of Boynton Beach
Code of Ordinances. The Fire Division fees are established in chapter 9 of the City of Boynton Beach
Code of Ordinances. The City Green Building fee is established in the City of Boynton Beach Code Land
Development Regulations Chapter 2, Article 1, Section 5. The city may elect to collect Palm Beach
County Impact fees that include fees for Roads, Public Buildings, Schools and Parks. The city collects
State of Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code Administrators and
Inspectors Fund (BCAIF). When applicable, the administrative portion of the Art in Public Places fee
(30% of the total Art fee) is due prior to permit issuance.
109.2 Schedule of permit fees. On buildings, structures, electrical,gas, mechanical, and plumbing systems
or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the
schedule as established by the applicable governing authority.
109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following:
• Permits;
• Plans examination;
• Certificates of competency (including fees for applications, examinations, renewal, late renewal,
and reciprocity);
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• Re-inspections;
• Administrative fees (including fees for investigative and legal costs incurred in the context of
certain disciplinary cases heard by the board);
• Variance requests;
• Administrative appeals;
• Violations; and
• Other fees as established by local resolution or ordinance.
109.3 Building permit valuations. For permitting purposes, the applicant for a permit shall provide an
estimated permit value at time of application.pPermit valuations shall include total value of work or total
replacement value of work, including materials and labor for which the permit is being issued, such as
structural, electric, plumbing, mechanical, interior finish, relative site work, architectural and design fees,
overhead and profit; excluding only land value. If, in the opinion of the Building Official, the valuation is
underestimated on the application, the permit shall be denied, unless the applicant can show detailed
estimates to meet the approval. Valuation references may include the latest published data of national
construction cost analysis services, such as, Marshall-Swift, Means, etc., as published by International
Code Congress. Final building permit valuation shall be set by the Building Official.
109.3.1 Exemptions.
Manufacturing Equipment:
For the purposes of calculating permit fees the cost of equipment used in the process of manufacturing
a product shall be exempt from paying permit fees for any portion of the cost greater than $10,000
dollars if the following criteria are met:
1. Equipment must have a replacement cost and/or purchase cost greater than $10,000 dollars per
each piece of equipment to be exempted.
2. Equipment must be purchased directly by the owner.
3. Equipment cannot not be an integral part of the building, building envelope, building system, and/or
essential to the operation of the building.
4. The nature of equipment shall be that if a business was to cease to exist or relocate the equipment
would be easily removed from the building.
Note:
All, electric, piping, mounting, structural connections, attachment of auxiliary equipment necessary to
operate the manufacturing equipment will be included in permit valuation and subject to permit fees.
109.4 Work commencing before permit issuance. Any person who commences any work on a building,
structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permit(s) or
without prior approval from the Building Official as permitted in sections 105.2.2 or 105.12 shall be subject
to a fee established by the Building Official that shall be in addition to the required permit fees or as
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provided by local ordinance. This provision shall not apply to emergency work when delay would clearly
have placed life or property in imminent danger. But in all such cases the required permit(s) must be
applied for within one(1)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 of time or waive fees when justifiable cause has been demonstrated in writing to
two times the fee.
109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for
work done in connection to or concurrently with the work authorized by a building permit shall not relieve
the applicant or holder of the permit from the payment of other fees that are prescribed by law.
109.6 Refunds. All permit fees under this section arc non refundable and non transferable. The Building
Official is authorized to establish and publish a refund policy through local ordinance or resolution.
SECTION 110
INSPECTIONS
110.1 General. Construction or work for which a permit is required shall be subject to inspection by the
Building Official and such construction or work shall remain exposed and provided with access 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 owner or the owner's authorized agent to cause
the work to remain exposed and provided with access for inspection purposes. The Building Official shall
be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary
lines cannot be readily determined in the field. Neither the Building Official nor the jurisdiction shall be
liable for expense entailed in the removal or replacement of any material required to allow inspection.
110.1.1 Manufacturers and fabricators. When deemed necessary by the Building Official, he/she shall
make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or
fabrication. A record shall be made of every such examination and inspection and of all violations of
the technical codes.
110.1.2 Inspection service. The Building Official may make, or cause to be made, the inspections
required by Section 110. He or she may accept reports of division inspectors, independent inspectors
or of recognized inspection services, provided that after investigation he/she is satisfied as to their
licensure, qualifications and reliability. A certificate required by any provision of this code shall not be
based on such reports unless the same are recorded by the building code inspector or the architect or
engineer performing building code inspections in a manner specified by the Building Official. The
Building Official shall ensure that all persons making such inspections shall be certified in accordance
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to chapter 468, Florida Statues; or licensed under chapter 471 or 481, Florida Statutes.
The Building Official may require the owner to employ an inspection service in the following instances:
1. For buildings or additions of Type I construction;
2. For all major structural alterations;
3. Where the concrete design is based on compressive strength in excess of 3000 pounds per
square inch;
4. For pile driving;
5. For buildings with an area greater than 20,000 square feet;
6. For buildings more than two stories in height; or
7. For buildings and structures of unusual design or methods of construction.
Such inspectors shall be present when work is underway on the structural elements of the building to
adequately attest to its compliance. Such inspectors shall be a registered architect, or engineer. An
employee of the architect or engineer licensed under chapter 468, part XII, Florida Statutes may
perform the inspections, under the direction of and with final certification from the architect or
engineer. 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, the architect or engineer 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.
110.1.3 Affidavit for inspection. With specific prior approval of, and in a format acceptable to the
Building Official, an affidavit for certification of inspection may be accepted from the permit qualifier;
when accompanied by extensive photographic evidence of sufficient detail to demonstrate code
compliance.The photographic evidence shall be comprehensive in the display of the installation and/or
construction and job location identifiers. The affidavit and accompanying photographs shall be
provided to the inspector onsite, at the next scheduled inspection. If the photographs are found to be
insufficient by the Building Official to demonstrate compliance with this code and/or the permitted
document, or clearly display location identifiers, or are missing, the inspector shall require the
contractor to obtain the services of a registered Florida Professional Engineer to inspect and certify the
installation and/or construction.
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110.1.3.1 Exception: Affidavits may not be accepted for inspection of elements of construction
which require inspection by the local jurisdiction under the requirements of 44CFR59 and 44CFR60
and the local flood damage prevention ordinance.
110.1.4 No inspection shall be made until sanitary facilities have been provided, as required in
section 311.1 of the Florida Building Code Plumbing.
110.2 Preliminary inspection. Subject to the limitations of Florida Statutes Chapter 553.79(20), before
Before issuing a permit, the Building Official is authorized to examine or cause to be examined buildings,
structures and sites for which an application has been filed.
110.2.1 Existing building inspections. Before issuing a permit, the Building Official may examine or
application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change
the occupancy. The Building Official 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
and of all observed violations of the technical codes. Additional regulations in Florida Building Code,
Existing Building Volume, may apply.
110.3 Required inspections. The Building Official upon notification from the permit holder or his or her
agent shall make the following inspections, and such other inspections as deemed necessary and shall
either release that portion of the construction or shall notify the permit holder or his or her agent of any
violations which must be corrected in order to comply with the technical codes. The Building Official shall
determine the timing and sequencing of when inspections occur and what elements are inspected at each
inspection. A complete survey, or special purpose survey may be required before an inspection is
approved.
A. Building
1. Foundation inspection. To be made after trenches are excavated, forms erected, and required
reinforcing steel is in place. The Foundation inspection shall at a minimum include the following
building components:
• Stem-wall
• Monolithic slab-on-grade
• Piling and pile caps
• Footings/grade beams
1.1. Slab Inspection: Concrete slab and under-floor inspections shall be made after in-slab
or under-floor reinforcing steel and building service equipment, conduit, piping accessories
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and other ancillary equipment items are in place, but before any concrete is placed or floor
sheathing installed, including the subfloor.
A foundation/Form board survey prepared and certified by a registered surveyor may be
required, prior to approval of the slab inspection. The survey shall certify placement of the
building on the site, illustrate all surrounding setback dimensions and shall be available at
the job site for review by the building inspector.
1.2. In flood hazard areas, upon placement of the lowest floor, including basement, and
prior to further vertical construction, the elevation certification shall be submitted to the
Building Official as per Chapter 4,Article X, Flood Prevention Requirements of the LDR. Any
locations outside of the flood hazard area the contractor shall meet the minimum
requirements for Habitable Finish Floor above the crown of the road per Chapter 4, Article
X, Flood Prevention Requirements of the LDR.
2. Construction Inspections
2.1 Lintel/tie beams/columns/masonry units. To be made after masonry units,
forms, reinforcing steel, shoring, conduit, piping accessories, and other ancillary
equipment items are in place, but before any concrete is placed.
2.2 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
• Floor sheathing
• Sheathing fasteners
• Roof/wall dry-in.
• Gypsum board, as required
• Sheathing/cladding inspection
NOTE: Sheathing fasteners installed and found to be missing the structural member
(shiners) shall be removed and corrected prior to installation of the dry-in material.
Exception: ring shank nails shall be bent over and a new fastener installed.
2.3 Roofing inspection. Shall at a minimum include the following building
components:
• Dry-in
• Insulation
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• Roof coverings (including in-progress)
• Flashing
• Sheathing
2.4 Re-Roof sheathing inspection. An affidavit with a notarized signature of a state or
locally licensed roofing contractor for the installation of additional sheathing
fasteners as required by the Existing Building Code may be accepted at the
discretion of the Building Official.
2.3 Framing inspection. To be made after the roof deck or sheathing, all framing, fire
blocking and bracing is in place, all concealed wiring, all pipes, chimneys,
ducts and vents are complete and shall at a minimum include the following building
components:
• Window/door framing and installation.
• Vertical cells/columns complete, if applicable
• Lintel/tie beams complete, if applicable.
• Framing/trusses/bracing/connectors (including truss layout drawings)
• Draft stopping/fire blocking
• Curtain wall framing
• Fire resistant assemblies, joints and penetrations, as required
• Accessibility.
3. Exterior wall coverings. Shall at a minimum include the following building components in
progress inspections:
• Exterior wall coverings and veneers
• Soffit coverings
4. Insulation Inspection. To be made after the framing inspection is approved and the
insulation is in place, according to approved energy calculation submittal. Includes wall
and ceiling insulation, thermal and ignition barriers.
5. Lath/Drywall. Lath and gypsum board inspections shall be made after lathing and gypsum
board, interior and exterior, is in place, but before any plastering is applied or gypsum board
joints and fasteners are taped and finished.
Exception: Gypsum board that is not part of a fire resistance rated assembly or a shear
assembly, unless otherwise determined by the Building Official.
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6. Final inspection.To be made after the building, including all sub-trade inspections, are completed
and ready for occupancy.
6.1. Elevation Certificate. As part of the final inspection, an elevation certificate shall be
submitted to the authority having jurisdiction.
6.2. A final survey prepared and certified by a registered surveyor may be required at time
of final inspection, when applicable.
7. Swimming pool inspection.
• First inspection to be made after excavation and installation of reinforcing steel,
bonding and main drain and prior to placing of concrete shell.
• Underground electric inspection
• Underground piping inspection, including a pressure test
• Deck inspection: to be made prior to installation of the deck material (with forms,
deck drains, and any reinforcement in placed.
• Final pool piping.
• Final electric inspection to be made prior to filling the swimming pool with water.
• Final permanent barrier inspection to be made prior to filling the swimming pool
with water.
• Final inspection to be made when the swimming pool is complete and all
required enclosure requirements are in place.
• In order to pass final inspection and receive a certificate of completion, a
residential swimming pool must meet the requirements relating to pool safety
features as described in section 454.2.17 of this code.
8. Demolition inspections.
• First inspection to be made after all utility connections have been
disconnected and secured in such manner that no unsafe or unsanitary conditions
shall exist during or after demolition operations.
• Final inspection to be made after all demolition work is completed.
9. Manufactured building inspections. The division of building safety shall inspect construction of
foundations; connecting buildings to foundations; installation of parts identified on plans as
site installed items, joining the modules, including utility crossovers; utility connections from
the building to utility lines on site; and any other work done on site which requires
compliance with the Florida Building Code. Additional inspections may be required for public
educational facilities (see section 423.27.20 of this code).
10. Where impact-resistant coverings or impact resistant systems are installed, the Building Official
shall schedule adequate inspections of impact-resistant coverings or impact resistant systems to
determine the following:
• The system indicated on the plans was installed.
• The system is installed in accordance with the manufacturer's installation instructions
and the product approval.
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B. Electrical
1. Underground inspection. To be made after trenches or ditches are excavated, conduit or cable
installed, and before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, 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.
4. Final inspection. To be made after the building electrical system is complete, all required
electrical fixtures are in place and properly connected or protected, and the structure is ready
for occupancy.
5. Existing Swimming Pools. To be made after all repairs or alterations are complete, all required
electrical equipment, GFCI protection, and equipotential bonding are in place on said
alterations or repairs.
C. Plumbing
1. Underground inspection. To be made after trenches or ditches are excavated, piping installed,
and before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, 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.
Includes plumbing provisions of the energy code and approved calculations provisions.
3. Final inspection. To be made after the building plumbing system is complete, all plumbing
fixtures are in place and properly connected, and the structure is ready for occupancy.
Note: See section 312 of the Florida Building Code, Plumbing, for required tests.
D. Mechanical
1. Underground inspection. To be made after trenches or ditches are excavated, underground
duct and fuel piping installed, and before any backfill is put in place.
2. Rough-in inspection.To be made after the roof,framing,fire blocking and bracing are in place
and all ducting, and other concealed components are complete, and prior to the installation
of wall or ceiling membranes.
Includes mechanical provisions of the energy code and approved calculations provisions.
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3. Final inspection.To be made after the building mechanical system is complete,the mechanical
system is in place and properly connected, and the structure is ready for occupancy.
E. Gas
1. Rough piping inspection. To be made after all new piping authorized by the permit has been
installed, and before any such piping has been covered or concealed or any fixtures or gas
appliances have been connected.
Includes gas provisions of the energy code and approved calculations provisions.
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.
F. Site Maintenance
1. The contractor and/or owner of any active or inactive construction project shall be responsible
for the clean-up and removal of all construction debris or any other miscellaneous discarded
articles during the course of the construction project and prior to receiving final inspection
approval. Construction job sites must be kept clean and maintained in a safe condition at all
times as not to become a safety hazard to workers or city staff.
2. All debris shall be kept in a secure manner as to prevent it from being spread to adjacent
properties or the public right of way by any means.
110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made
after excavations for footings are complete and any required reinforcing steel is in place. For
concrete foundations, any required forms shall be in place prior to inspection. Materials for the
foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C
94, the concrete need not be on the job.
110.3.2 Concrete slab and under-floor inspection.
Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing
steel and building service equipment, conduit, piping accessories and other ancillary equipment
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items are in place, but before any concrete is placed or floor sheathing installed, including the
subfloor.
110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor,
including the basement, and prior to further vertical construction, the elevation certification shall
be submitted to the Building Official.
110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all
framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are
complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.
110.3.5 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and
gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel
products, interior and exterior, are in place, but before any plastering is applied or gypsum board
and gypsum panel product joints and fasteners are taped and finished.
Exception: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated
assembly or a shear assembly.
110.3.6 Weather-exposed balcony and walking surface waterproofing. Where balcony or other
elevated walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the
structural framing is protected by an impervious moisture barrier, all elements of the impervious-
moisture-barrier system shall not be concealed until inspected and approved.
110.3.7 Fire-and smoke-resistant penetrations.
Protection of joints and penetrations in fire-resistance rated assemblies, smoke barriers and smoke
partition shall not be concealed from view until inspected and approved.
110.3.8 Energy efficiency inspections. Inspections shall be made to determine compliance with Florida
Building Code, Energy Conservation and confirm with the approved energy code submittal (by
appropriate trade) and corresponding mandatory requirements and shall include, but not be limited
to, inspections for: corresponding envelope insulation R- and U-values, fenestration U-value and Solar
Heat Gain Coefficient, duct system R-value, and HVAC, lighting, electrical and water-heating equipment
efficiency.
110.3.9 Other inspections. In addition to the inspections specified in sections 110.3 through 110.3.7,
the Building Official is authorized to make or require other inspections of any construction work to
ascertain compliance with the provisions of this code and other laws that are enforced by the division
of building safety.
110.3.10 Special inspections. Reserved.
110.3.11 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
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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 or designee 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.
110.3.12 Final inspection. The final inspection shall be made after all work required by the building
permit(s) is completed.
110.3.12.1 Flood hazard documentation. If located in a flood hazard area, shall be submitted to the
Building Official prior to the final inspection.
110.3.12.2 Energy Code documentation. If required by energy code path submittal, confirmation
that commissioning result requirements have been received by building owner.
110.3.13 Termites. Building components and building surroundings required to be protected from
termite damage in accordance with section 1503.7, 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.
110.3.14 Impact resistant coverings or systems. Where impact resistant coverings or systems are
installed to meet requirements of this code, the Building Official shall schedule adequate inspections
of impact resistant coverings or systems to determine the following:
1. The system indicated on the plans was installed.
2. The system is installed in accordance with the manufacturer's installation instructions and the
product approval.
110.4 Inspection agencies. The Building Official is authorized to accept reports of approved inspection
agencies, provided such agencies satisfy the requirements as to qualifications and reliability.
110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized
agent to notify the Building Official when work is ready for inspection. It shall be the duty of the permit
holder to provide access to and means for inspections of such work that are required by this code.
110.6 Approval required.Work shall not be done beyond the point indicated in each successive inspection
without first obtaining the approval of the Building Official. The Building Official, upon notification, shall
make the requested inspections and shall either indicate the portion of the construction that is
satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply
with this code. Any portions that do not comply shall be corrected and such portion shall not be covered
or concealed until authorized by the Building Official.
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110.7 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed
and inspected by a Florida licensed professional engineer, prior to any required mandatory inspections by
the threshold building inspector.
110.8 Threshold building.
110.8.1 During new construction or during repair or restoration projects in which the structural system
or structural loading of a building is being modified, the enforcing agency shall require a special
inspector to perform structural inspections on a threshold building pursuant to a structural inspection
plan prepared by the engineer or architect of record. The structural inspection plan must be submitted
to the enforcing agency prior to the issuance of a building permit for the construction of a threshold
building.The purpose of the structural inspection plans is to provide specific inspection procedures and
schedules so that the building can be adequately inspected for compliance with the permitted
documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of
the Building Official, the architect, or the engineer of record. The contractor's contractual or statutory
obligations are not relieved by any action of the special inspector.
110.8.2 The special inspector shall determine that a professional engineer who specializes in shoring
design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans
submitted to the enforcing agency. A fee simple title owner of a building, which does not meet the
minimum size, height, occupancy, occupancy classification, or number-of-stories criteria which would
result in classification as a threshold building under section 553.71(7), Florida Statutes, may designate
such building as a threshold building, subject to more than the minimum number of inspections
required by the Florida Building Code.
110.8.3 The fee owner of a threshold building shall select and pay all costs of employing a special
inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall
be a person certified, licensed or registered under chapter 471, Florida Statutes, as an engineer or
under chapter 481, Florida Statutes, as an architect.
110.8.4 Each enforcement agency shall require that, on every threshold building:
110.8.4.1 The special inspector, upon completion of the building and prior to the issuance of a
certificate of occupancy, file a signed and sealed statement with the enforcement agency in
substantially the following form: "To the best of my knowledge and belief, the above described
construction of all structural load-bearing components complies with the permitted documents, and
the shoring and reshoring conforms to the shoring and reshoring plans submitted to the
enforcement agency."
110.8.4.2 Any proposal to install an alternate structural product or system to which building codes
apply be submitted to the enforcement agency for review for compliance with the codes and made
part of the enforcement agency's recorded set of permit documents.
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110.8.4.3 All shoring and reshoring procedures, plans and details be submitted to the enforcement
agency for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected, and
certified to be in compliance with the shoring documents by the contractor.
110.8.4.4 All plans for the building which are required to be signed and sealed by the architect or
engineer of record contain a statement that, to the best of the architect's or engineer's knowledge,
the plans and specifications comply with the applicable minimum building codes and the applicable
fire-safety standards as determined by the local authority in accordance with this section and
chapter 633, Florida Statutes.
110.83 No enforcing agency may issue a building permit for construction of any threshold building
except to a licensed general contractor, as defined in section 489.105(3)(a), Florida Statutes, or to a
licensed building contractor, as defined in section 489.105(3)(b), Florida Statutes, within the scope of
her or his license. The named contractor to whom the building permit is issued shall have the
responsibility for supervision, direction, management and control of the construction activities on the
project for which the building permit was issued.
110.8.6 The division of building safety 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 division of building safety. 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 chapters 471 or 481, Florida Statutes.
Inspections of threshold buildings required by section 553.79(5), Florida Statutes, are in addition to the
minimum inspections required by this code.
110.9 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. Upon completion of the
improvement, a certification from a licensed professional, as appropriate under Florida law, shall be
submitted to the inspector in order to receive approval of the final inspection.
110.10 Storm Shutter Placement. After the termination of such periods of time that had been designated
by the National Weather Service as being a hurricane watch or warning, hurricane protective devices
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installed on occupied buildings which impede required egress or required light and ventilation shall be
removed within 15 days.
110.10.1 Securing construction sites. During such periods of time as the National Weather Service has
issued a severe weather advisory that is in effect for Palm Beach County, are deemed sufficient notice
to the contractor and/or owner of any active or inactive construction project, the contractor and/or
owner shall be responsible for securing loose construction debris and loose construction materials
against the effects of hurricane force winds.
110.10.2 The contractor and /or owner of any active or inactive construction project shall be
responsible to secure or remove materials that are not fastened or secured to the ground or any
permanent structure. Materials stockpiled on top of any structure under construction shall be
permanently installed by the property owner or contractor upon a hurricane watch; however, in the
event such installation cannot be timely completed, then the contractor and /or owner shall:
a. Band together the construction materials and fasten them to the top of the structure in such a
manner so as not to present a threat of their becoming airborne during severe weather; or
b. Remove the construction materials from the top of the structure and fasten down to the ground;
or
c. Remove the construction materials from the job site; or
d. Store the construction materials inside an enclosed secure structure.
110.10.2.1 For the purposes of this section, "severe weather advisory" shall be defined as any one
of the following: a tropical storm warning, a hurricane watch, or a hurricane warning.
110.11 Building Recertification
110.11.1 Existing Building Recertification. Maintaining the structural integrity of a building throughout
the life of the building, in order to ensure that buildings are structural and electrical service system are
sound so as to not pose a threat to the public health, safety, or welfare. Building Recertification
inspections shall be for the purpose of determining the structural & electrical service system of the
building or structure to the extent reasonably possible of any part, material or assembly of a building
or structure which affects the safety of such building or structure and/or which supports any dead or
designed live load, and the general condition of its electrical service system(s) pursuant to the Building
Code.
110.11.1.1 Backlog. Due to the initial backlog of buildings required to be recertified, the Building
Official shall establish a completion schedule for recertification, which shall be based upon factors
that may include, but shall not be limited to, the age, location, construction materials, occupancy
load, and function of a building. This completion schedule shall include a recertification deadline for
each building for which recertification is required and may be amended by the Building Official as
necessary or advisable.
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110.11.1.2 Nothing in this section shall be construed to prevent or limit the Building Official's
authority to inspect, order inspections or reports, or abate unsafe conditions at existing buildings
outside of the requirements of this section, including, but not limited to, the Building Official's
authority pursuant to section 116 Unsafe Structures and Equipment of this chapter.
110.11.2 Public Records. Building Recertification inspection reports and other information received by
the City in connection with the Building Recertification inspections shall be available to the public
consistent with the requirements of Florida Statute 119.
110.11.3 Inspection professional.The inspecting professional(s)shall have a right of entry into all areas
he/she deems necessary to comply with the Building Recertification inspection.
110.11.4 Definitions.
Condominium/Cooperatives. An owner or owners of a building that is three stories or more in
height as determined by the Florida Building Code and that is subject, in whole or in part, to the
condominium or cooperative form of ownership as a Residential Condominium association as
defined under Florida Statute 718 and Residential Cooperative association as defined under Florida
Statute 719.
Building age. Means the time period since the issuance of a certificate of occupancy or, where
adequate records are not available to determine when a certificate of occupancy was issued, shall
be determined by the Building Official based on the best available evidence.
Milestone inspection. Means a structural inspection, required under section 553.899, Florida
Statutes, of a building, including an inspection of the electrical system, load-bearing elements, the
primary structural members and primary structural systems as those terms are defined in s. 627.706,
by an architect licensed under chapter 481 or engineer licensed under chapter 471 authorized to
practice in this state for the purposes of attesting to the life safety and adequacy of the structural
and electrical components of the building and, to the extent reasonably possible, determining the
general structural condition of the building as it affects the safety of such building, including a
determination of any necessary maintenance, repair, or replacement of any electrical or structural
component of the building. The purpose of such inspection is not to determine if the condition of an
existing building is in compliance with the Florida Building Code, National Electrical Code or the Fire
Safety Code. The milestone inspection services may be provided by a team of professionals with an
architect or engineer acting as a registered design professional in responsible charge with all work
and reports signed and sealed by the appropriate qualified team member.
Owner. Means the fee simple title holder of the land on which a building subject to Building
Recertification inspection is situated or, in the case of condominium or cooperative type of
ownership, shall mean the person or entity responsible for the structure and common systems of a
building subject to Building Recertification inspection.
Substantial structural deterioration. Means substantial structural distress or substantial structural
weakness that negatively affects a building's general structural condition and integrity. The term
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does not include surface imperfections such as cracks, distortion, sagging,deflections, misalignment,
signs of leakage,or peeling of finishes unless the licensed engineer or architect performing the phase
one or phase two inspection determines that such surface imperfections are a sign of substantial
structural deterioration.
Threshold Building. In accordance with section 553.71, Florida Statutes, means any building which
is greater than 3 stories or 50 feet in height, or which has an assembly occupancy classification that
exceeds 5,000 square feet in area and an occupant content of greater than 500 persons.
110.11.5 Required Building Recertification Inspection. An owner or owners of a Threshold building or
that is three stories or more in height as determined by the Florida Building Code and that is subject,
in whole or in part, to the condominium or cooperative form of ownership as a residential
condominium association under chapter 718 or and a residential cooperative association under chapter
719 must have a milestone inspection performed for each building that is three stories or more in height
by December 31 of the year in which the building reaches 25 years of age, based on the date the
certificate of occupancy for the building was issued, and every 10 years thereafter. If a building reached
25 years of age before July 1, 2022,the building's initial milestone inspection must be performed before
December 31, 2024. If a building reaches 25 years of age on or after July 1, 2022, and before December
31, 2024, the building's initial milestone inspection must be performed before December 31, 2025. If
the date of issuance for the certificate of occupancy is not available, the date of issuance of the
building's certificate of occupancy shall be the date of occupancy evidenced in any record of the local
building official.
1. Threshold buildings within Boynton Beach City limits, a milestone inspection must be performed
by December 31st of the year in which the building reaches 25 years of age, based on the date the
certificate of occupancy for the building was issued, and every 10 years thereafter.
2. Condominium associations and Cooperative associations within Boynton Beach City limits, that
are three stories or more in height, a milestone inspection must be performed by December 31st of
the year in which the building reaches 25 years of age, based on the date the certificate of occupancy
for the building was issued, and every 10 years thereafter.
Exceptions:
a) Single-family, two-family, three-family and Townhomes with three or fewer habitable stories
above ground.
b) State or University and Palm Beach County School buildings.
c) U S Government, State of Florida, Palm Beach County and local municipal buildings.
110.11.5.1 Subsequent Building Recertification inspections shall be required at ten (10) year
intervals from the date of the 25th anniversary of existence of buildings or structures regardless of
when the inspection report for same is finalized or filed.
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110.11.5.2 The Building Official may accept phase one and phase two inspection reports prepared
by a licensed Architect or Engineer for a structural integrity and condition inspection of a building
performed before July 1, 2022 and if the report(s) substantially comply with the requirements per
section 110.11.9. The inspection for which an inspection report is accepted by the Building Official
under this paragraph is deemed a milestone inspection for the applicable requirements per section
110.11. If the inspection report(s) is accepted by the Building Official the deadline for the building's
subsequent 10-year milestone inspection is based on the date of the accepted inspection report(s).
110.11.6 Inspection Procedures. Procedures established herein are basic guidelines for Building
Recertification inspections. These guidelines shall not be construed as permitting the removal or non-
maintenance of any existing devices or safeguards unless authorized by the Building Official.
110.11.6.1 In addition to the requirements set forth in this section,the Building Official shall provide
Building Recertification inspection Guideline for Structural and Electrical reports and criteria for the
Building Recertification inspection and the applicable inspections and report(s), which shall be
mandatory.
110.11.6.2 Duty to Report. Any engineer or architect who performs an inspection of an existing
building or structure has a duty to report to the Building Official any findings that, if left unaddressed,
would endanger life or property no later than ten (10) days after informing the building owner of
such findings unless the engineer or architect is made aware that action has been taken to address
such findings in accordance with applicable code. However, if such engineer or architect finds that
there are conditions in the building or structure causing an actual or immediate danger of the failure
or collapse of a building or structure, or there is a health, windstorm or fire hazard, such engineer or
architect shall report such conditions to the Building Official within twenty-four (24) hours of the
time of discovery.
110.11.6.3 The Building Official may revoke any recertifications if the Building Official determines
that the written recertification report contains any misrepresentation of the actual conditions of the
building or structure.
110.11.7 Inspection Notification. Upon determining that a building must have a Building Recertification
inspection,the Building Official shall provide written notices of such required inspection to the owner,
by certified mail, return receipt requested not less than one year (365 calendar days) prior to the
recertification anniversary year, and may provide such additional notice as the Building Official deems
appropriate and useful.
110.11.7.1 Unclaimed Notice. In the event that the Notice of Building Recertification is returned
unclaimed, said Notice shall be posted by the Building Official at the building. Failure to receive
notice of any required inspection shall not relieve the Owner of its obligations pursuant to this
section.
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110.11.8 Required Recertification Inspections. Within 180 calendar days after receiving the written
notice, per section 110.11.7, the owner or owners of the building, must complete Phase One of the
Building Recertification inspections. For purposes of this section, completion of Phase One of the
Building Recertification means the licensed Engineer or Architect who performed the Phase One
inspection submitted electronically with a verifiable digital signature as described in section 668.001,
Florida Statutes.
110.11.8.1 Phase One Building Recertification Inspection. Phase one of the milestone inspection
must be completed within 180 days after the owner or owners of the building receive the written
notice as specified in section 110.11.7. The licensed Architect or Engineer authorized to practice in
this state shall perform a visual examination of the electrical service system, habitable and non-
habitable areas of a building, including but not limited to, all improved balconies, guardrails, the
major structural components of a building or structure and provide a qualitative assessment of the
structural and electrical conditions of the building.
(i) If the building or structure is not a threshold building as defined by the Florida Building Code,
such report must be prepared by a Professional Engineer or Architect registered in the State of
Florida.
(ii) If the building or structure is a Threshold Building, as defined above, then (a) the structural
portion of such report must be prepared by a Professional Engineer registered in the State of
Florida specializing in structural design; and (b) the electrical portion of such written report must
be prepared by a Professional Engineer registered in the State of Florida specializing in electrical
design. A self-qualification letter shall be submitted as part of the structural report for threshold
buildings, stating that the engineer is a practicing structural engineer and has worked with
buildings equivalent to the building being certified and shall be accompanied by proof of the
engineer's state Department of Business and Professional Regulation (DPBR) structural
specialization.
110.11.8.1.1 If the Architect or Engineer finds no signs of electrical service system or
substantial structural deterioration to any electrical service system or building components
under visual examination, Phase Two Building Recertification inspection is not required.
110.11.8.1.2 The Architect or Engineer who completes a Phase One Building Recertification
inspections shall prepare and submit to the Building Official, the Building and Electrical
Recertification Inspection report and any additional comments or observations of the
conditions of the building.
110.11.8.2 Phase Two Building Recertification Inspection. Phase Two Building Recertification
inspections must be performed if any electrical service system or substantial structural deterioration
is identified during Phase One Inspection. A Phase Two inspection may involve destructive or
nondestructive testing at the inspector's direction. The inspection may be as extensive or as limited
as necessary to fully assess areas of structural distress in order to confirm that the building is
electrically and structurally sound and safe for its intended use and to recommend a program for
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fully assessing and repairing distressed and damaged portions of the building and electrical service
system. When determining testing locations, the inspector must give preference to locations that
are the least disruptive and most easily repairable while still being representative of the structure.
110.11.8.2.1 If a phase two inspection is required, within 180 days after submitting a phase
one inspection report the architect or engineer performing the phase two inspection must
submit a phase two progress report to the local enforcement agency with a timeline for
completion of the phase two inspection.
110.11.8.2.2 The Architect or Engineer who completes a Phase Two Building Recertification
inspection shall prepare and submit to the Building Official, the Building and Electrical
Recertification Inspection report and any additional comments or observations of the
conditions of the building.
110.11.9 Building Recertification Report. The owner of a building or structure subject to Building
Recertification inspections shall furnish, or cause to be furnished, Building Recertification inspection
forms, photographs and additional supporting documents to the Building Official, prepared by a
Professional Structural Engineer, Electrical Engineer or Architect registered in the State of Florida, attest
and certify that each such building or structure is structurally and electrically safe, or has been made
structurally and electrically safe for the specified use for continued occupancy, in conformity with the
Building and Electrical Recertification Inspection Guidelines as provided by the Building Official. Both
Structural and Electrical reports must be submitted together.
110.11.9.1 Any and all drafts/versions. of the report, or portions of the report, that are provided to
the owner shall also be provided to the Building Official.
110.11.9.2 Reports. The structural and electrical service system inspection reports must, at a
minimum, meet all of the following criteria including the required information from Building and
Electrical Guidelines as provided by the Building Official:
1. Name of Inspection Firm or individual, Inspection date, Inspection made by, address, email and
phone number
2. Bear the seal and signature, or electronically signed, of the licensed engineer or architect who
performed the inspection.
3. Indicate the manner and type of inspection, Phase one or Phase two, forming the basis for the
inspection report.
.4. Building/structure address, property control number, legal description, owners name, owner
mailing address and phone number
5. Reasonably known age of building, number of stories and square footage
6. Construction type and Occupancy classification in accordance with Building Code edition
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7. Identify any electrical service system and substantial structural deterioration, within a
reasonable professional probability based on the scope of the inspection, describe the extent of
such deterioration, and identify any recommended repairs for such deterioration.
8. State whether unsafe or dangerous conditions, as those terms are defined in the Florida Building
Code or National Electrical Code, were observed.
9. Recommend any remedial or preventive repair for any items that are damaged but are not
substantial structural deterioration or the electrical service system unsafe.
10. Identify and describe any items requiring further inspection and supporting documentation.
110.11.10 Administrative Review. The Building Official and Floodplain Manager will perform an
administrative review of the Building Recertification inspection reports to determine whether it
satisfies the requirements of this section and chapter 4 article X City of Boynton Flood ordinance. If the
Building Official determines that the Building Recertification inspection reports do not satisfy the
applicable requirements, the Building Official will notify the owner of the deficiencies in writing within
30 days of submittal and the owner shall have 30 calendar days from such determination to make
necessary changes to the report and resubmit for review. Up to three resubmittals are allowed in order
to reach a determination that the requirements have been satisfied.
110.11.10.1 If after the third resubmittal, the Building Official determines that the Report(s) do not
satisfy the requirements, the matter shall be automatically sent to the Special Magistrate or Code
Enforcement Board, as appropriate.
110.11.11 Repair plan and schedule. In the event the electrical service system, structural repairs or
modifications are found by the Architect or Engineer retained by the building owner to be necessary as
documented by the Phase Two Inspection report,the owner shall have 60 calendar days from the date
the Building Recertification inspection reports is determined by the Building Official to satisfy the
requirements of this section.
110.11.11.1 The owner shall submit a plan to correct the deficiencies ("repair plan"), which repair
plan shall include a detailed proposed schedule to complete said repairs, including a schedule for
submittal of application(s) for any required permit(s). The repair plan, including the schedule for
completion of repairs, shall be subject to review and approval by the Building Official.
110.11.11.2 The owner shall have a total of 180 calendar days from the date of the Building
Recertification inspection reports is determined by the Building Official to satisfy the requirements
of this section, unless otherwise specified by the Building Official, in which to permit and correct the
structural and electrical service system deficiencies that pose an immediate threat to life, health,
safety or where failure of a critical component is imminent.
110.11.11.2.1 Once the corrections have been completed, the Engineer(s), or Architect shall
re-inspect the areas noted on the original report and shall provide the building owner with an
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electronically signed letter, stating all corrections have all been completed.The building owner
shall submit that letter to the Building Official.
110.11.11.2.2 For deficiencies that cannot be corrected within 180 calendar days, the time
frame may be extended when a time frame is specified by the Professional Engineer or
Registered Architect and approved by the Building Official. Such extension shall be contingent
on maintaining an active building permit as specified in section 105.4.1 Boynton Beach
Administrative Code.
110.11.11.3 Repairs or modifications of deficient conditions that are incidental and non-life
threatening shall be completed within a time frame as specified by the inspecting Professional
Engineer or Registered Architect and approved by the Building Official. All repairs or modifications
shall be completed in conformance with all applicable Sections of the Florida Existing Building Code
and the National Electrical Code.
110.11.11.3.1 The Florida Existing Building Code will specify whether the repairs or
modification can be made under the code in effect when the building was originally permitted
or the code currently in effect.
110.11.12 Repair or Modification Requirements. In the event an owner fails to timely furnish the
Building Official with a recertification report, seek an extension to furnish a recertification report, or
comply with repair or modification requirements as determined from the Building Recertification
inspection reports as set forth herein the structure may be deemed to be unsafe and unfit for
occupation. Such findings shall be reviewed by the Building Official and may be sent to the Special
Magistrate or Code Enforcement Board, as appropriate.
110.11.12.1 Emergency Hearing. The Building Official may elect the choice of either a Special
Magistrate or Code Enforcement Board as set forth under chapter 162, Florida Statutes, to conduct
an emergency hearing if any of the following occurs;
1. The owner, fails to submit the Building Recertification inspection reports by the required
deadline per section 110.11.8 and 1110.11.8.2.1
2. The Building Official determines the owner failed to make required changes and resubmit the
report within required time frames per sections 110.11.10 and 110.11.10.1 does not satisfy the
requirements of sections 110.11.10 and 110.11.10.1
3.The owner, fails to submit the Repair Plan and Schedule by the required time frames per section
110.11.11
4. The Building Official may prescribe timelines and penalties with respect to compliance with this
section.
5. The Building Official determines that the written recertification report contains any
misrepresentation of the actual conditions of the building or structure.
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110.11.13 Building Recertification fees. For each building or structure to be Recertified, the
application, resubmittal and extension fees shall be paid as required, in accordance with the schedule
as established by the applicable governing authority.
110.11.14 Permit fees. In the event the electrical service system, structural repairs or modifications are
required, a permit shall not be valid until the fees prescribed by law have been paid, nor shall an
amendment to a permit be released until the additional fee, if any, has been paid, in accordance with
the schedule as established by the applicable governing authority.
110.11.15 Appeals Procedure. The Building Board of Adjustments and Appeals shall have the power,
as further defined in section 113 of the Boynton Beach Administrative Amendments to hear appeals of
decisions and interpretations of the Building Official relating to the Florida Building Code and local
amendments, including decisions of the Building Official related to Building Recertification and of the
Floodplain Administrator relating to flood damage prevention and floodplain management codes
contained in Chapter 4, Article X, Code of Ordinances.
110.11.15.1 Decisions and Interpretations. The permit holder, or the owner of a building subject to
Building Recertification may appeal the applicable decision of the Building Official or Floodplain
Administrator to the Building Board of Adjustments and Appeal whenever one of the following
conditions are claimed to exist:
1.The Building Official determined,the submittal of the Building Recertification inspection reports
by the required deadline per section 110.11.9
2. The Building Official determined, after three submittals, that the Building Recertification
inspection report submitted pursuant to per sections 110.11.9 and 110.11.9.2 did not satisfy the
requirements of that section.
3. The Building Official determined the submittal of the Repair Plan and Schedule by the required
deadline per sections 110.11.11
4. The Building Official or Floodplain Administrator 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 electrical service system;
5. The provisions of this building code do not apply to this specific case
6.That an equally good or more desirable form of installation can be employed in any specific case,
which the Building Official or floodplain administrator has rejected or refused.
7.The true intent and meaning of this building code or any of the regulations hereunder have been
misconstrued or incorrectly interpreted.
110.11.15.2 Ineligible appeals.
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11. The Building Board of Adjustments and Appeal shall not consider an application for an appeal
from the provisions of this building code, or grant relief from the provisions thereof, when such
authority is vested in another board or the City Council.
2. No application shall be accepted by the City if a similar request for an appeal has been
considered by the Board and denied at any time within 180 calendar days immediately prior to the
date the application is submitted.
110.11.16 Extensions. The Building Official may issue an extension of not more than 60 calendar days
to submit a recertification report or to obtain any necessary permits upon a written extension request
from an engineer or architect. Such request upon showing good cause by the owner or owners of the
building that the inspection cannot be timely completed if the owner or owners have entered into a
contract with an architect or engineer to perform the milestone inspection and the inspection cannot
reasonably be completed before the deadline or other circumstance to justify an extension. Such
request must contain a signed and sealed statement from the engineer or architect that the building
may continue to be safely occupied.
SECTION 111
CERTIFICATE OF OCCUPANCY
111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the
existing use or occupancy classification of a building or structure or portion thereof shall not be made,
until the Building Official has issued a certificate of occupancy therefore as provided herein. Issuance of a
certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code
or of other ordinances of the jurisdiction.
Exception: Certificates of occupancy are not required for work exempt from permits under Section
105.2.
111.2 Certificate issued. After the Building Official inspects the building or structure and finds no
violations of the provisions of this code or other laws that are enforced by the division of building safety,
the Building Official shall issue a certificate of occupancy that contains the following:
1. The building permit number.
2. The address of the structure.
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3. The name and address of the owner or the owner's authorized agent.
4. A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for compliance with the
requirements of this code for the occupancy and division of occupancy and the use for which the
proposed occupancy is classified.
6. For buildings and structures in flood hazard areas, a statement that documentation of the as-built
lowest floor elevation has been provided and is retained in the records of the authority having
jurisdiction
7. The name of the Building Official.
8. The edition of the code under which the permit was issued.
9. The use and occupancy, in accordance with the provisions of chapter 3.
10. The type of construction as defined in chapter 6.
11. The design occupant load.
12. If an automatic sprinkler system is provided, whether the sprinkler system is required.
13. Any special stipulations and conditions of the building permit.
111.3 Temporary/partial occupancy. The Building Official is authorized to issue a temporary/partial
certificate of occupancy before the completion of the entire work covered by the permit, provided that
such portion or portions shall be occupied safely. The Building Official shall set a time period of 30 days
during which the temporary certificate of occupancy is valid.
111.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of
occupancy or completion issued under the provisions of this code wherever the certificate is issued in
error, or on the basis of incorrect information supplied, or where it is determined that the building or
structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this
code.
111.5 Certificate of Completion. A Certificate of Completion is proof that a structure or system is complete
and for certain types of permits is released for use and may be connected to a utility system. This
certificate does not grant authority to occupy a building, such as shell building, prior to the issuance of a
Certificate of Occupancy.
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111.6 Fixturing and Stocking. The Building Official is authorized to issue approval for fixturing, stocking,
training, or decorating, when appropriate, to allow the builder to prepare the structure for permanent
occupancy. The building may not be open to the general public or be used for the transaction of any
commerce. Such approval must be conditioned upon the approval of the Fire Marshal, when applicable.
111.7 Digital Submittal Requirements for New Construction.
111.7.1 Building Footprints. The Building Official is authorized to require the submittal of digital shape
(PDF) files, in a specific format, depicting a geo-referenced footprint with elevation for all new
structures as a condition of the issuance of a Certificate of Occupancy.
111.7.2 Subdivision Topography. The Building Official is authorized to require the submittal of
electronic topographical data for all new subdivisions over five acres or five lots for the purposes of
updating and maintaining the community's flood maps.
SECTION 112
SERVICE UTILITIES
112.1 Connection of service utilities. No person shall make connections from a utility, source of energy,
fuel or power to any building or system that is regulated by this code for which a permit is required, until
released by the Building Official.
112.2 Temporary connection. The Building Official shall have the authority to authorize the temporary
connection of the building or system to the utility source of energy, fuel or power.
112.3 Authority to disconnect service utilities. The Building Official shall have the authority to authorize
disconnection of utility service to the building, structure or system regulated by this code and the
referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to
eliminate an immediate hazard to life or property or when such utility connection has been made without
the approval required by Section 112.1 or 112.2. The Building Official shall notify the serving utility, and
wherever possible the owner and occupant of the building, structure or service system of the decision to
disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the
building, structure or service system shall be notified in writing, as soon as practical thereafter.
SECTION 113
BUILDING BOARD OF ADJUSTMENT AND APPEALS
113.1 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. The applicable governing body
shall appoint the Board.
113.2 Membership and Terms.
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113.2.1 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, to the greatest extent possible, an architect, engineer, general contractor, electrical
contractor, HVAC contractor, plumbing contractor, and any other contractor licensed category. In
addition to the regular members, there should be two alternate members, one member with the
qualifications referenced above and one member at large from the public. A board member shall not
act in a case in which he or she has a personal or financial interest.
113.2.2.1 Terms.The terms of office of the board members shall be staggered so no more than one-
third of the board is appointed or replaced in any 12-month period. The two alternates,if appointed,
shall serve one-year terms. Vacancies shall be filled for an unexpired term in the manner in which
original appointments are required to be made.
113.2.2.2. Removal from office. Members shall be automatically removed for lack of attendance.
Lack of attendance is defined as a failure to attend three (3) consecutive meetings or a failure to
attend more than one-half of the meetings scheduled during a calendar year. Participation for less
than three-fourths of a meeting shall be the same as a failure to attend a meeting. Members
removed pursuant to this provision shall not continue to serve on the board and such removal shall
create a vacancy.
113.2.3 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, but not less than a majority of the board, shall be required. In the event that regular members
are unable to attend a meeting,the alternate members, if appointed, shall vote.
113.2.4 Secretary of board. The Building Official or his/her authorized representative shall act as
secretary of the board and shall make a 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.
113.3 Powers.The Building Board of Adjustments and Appeals shall have the power, as further defined in
113.4 of this code, to hear appeals of decisions and interpretations of the Building Official and consider
variances of the technical codes.
113.4 Appeals.
113.4.1 Decision of the Building Official. The owner of a building, structure or service system, or 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:
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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, which the Building Official has rejected or refused.
4. The true intent and meaning of this code or any of the regulations hereunder have been
misconstrued or incorrectly interpreted.
113.4.2 Variances. The Building Board of Adjustments and Appeals, when upon written request, has
been so appealed to and after a hearing, may vary the application of any provision of this code to any
particular case when, in its opinion, the enforcement thereof would do manifest injustice and would
be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all
of the following:
1. That special conditions and circumstances exist which are peculiar to the building, structure or
service system involved and which are not applicable to others.
2. That the special conditions and circumstances do not result from the action or inaction of the
applicant.
3. That granting the variance requested will not confer on the applicant any special privilege that
is denied by this code to other buildings, structures or service system.
4. That the variance granted is the minimum variance that will make possible the reasonable use
of the building, structure or service system.
5. That the grant of the variance will be in harmony with the general intent and purpose of this
code and will not be detrimental to the public health, safety and general welfare.
113.4.2.1 Conditions of the variance. In granting the variance,the board may prescribe a reasonable
time limit within which the action for which the variance is required shall be commenced or
completed or both. In addition, the board may prescribe appropriate conditions and safeguards in
conformity with this code. Violation of the conditions of a variance shall be deemed a violation of
this code.
113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after
the Building Official renders the decision. Appeals shall be in a form acceptable to the Building Official.
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113.4.4 Unsafe or dangerous buildings or service systems. In the case of a building,structure or service
system, which in the opinion of the Building Official, is unsafe, unsanitary or dangerous, the Building
Official may, in the order, limit the time for such appeals to a shorter period.
113.5 Procedures of the board.
113.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure
not inconsistent with the provisions of this code. The board shall meet on call of the chairman,
subsequent to a request to call a meeting by the secretary. The board shall meet within 30 calendar
days after notice of appeal has been received.
113.5.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process
should be observed and govern the proceedings. Upon determination by the chairman, irrelevant,
immaterial, or unduly repetitious evidence may be excluded, but all other evidence of a type
commonly relied upon by reasonable, prudent persons in the conduct of their affairs shall be
admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any
part of the evidence may be received in written form. The Board may request certain evidence from
the petitioner to be provided by an architect or engineer registered in the State of Florida, in which
case, said evidence shall be signed, sealed, and dated.
113.5.1.2 Testimony. Any member of the Board or the attorney representing the Board may inquire
of, or question, any witness before the Board. Any member of the Board, the petitioner or his/her
attorney, and/or the Building Official shall be permitted to inquire of any witness before the Board.
The Board may consider testimony presented by the Building Official, the petitioner, or any other
witness.
113.5.2 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.
113.6 Local Construction Regulation Board. The local government may also utilize this Board to convene
as the Local Construction Regulation Board (LCRB), as provided in section 489.113, Florida Statutes. The
LCRB may deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit
or permit with specific conditions, if the LCRB has found such contractor, through public hearing, to be
guilty of fraud or a willful building code violation within the county or municipality that the LCRB
represents. The LCRB may also, deny, suspend, revoke or limit the authority of a certified contractor to
obtain a building permit or permit with specific conditions, if it has proof through the public hearing
process, that a contractor has been found guilty in another county or municipality within the past 12
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months, of fraud or a willful building code violation and after providing notice of an opportunity to be
heard to the contractor, finds that such fraud or violation would have been fraud or a violation if
committed in the county or municipality that the LCRB represents. Notification of and information
concerning such permit denial shall be submitted to the division within 15 days after the LCRB decides to
deny the permit.
SECTION 114
VIOLATIONS
114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter,
extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this
code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
114.2 Notice of violation. The Building Official is authorized to serve a notice of violation or order on the
person responsible for the erection, construction, alteration, extension, repair, moving, removal,
demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation
of a permit or certificate issued under the provisions of this code. Such order shall direct the
discontinuance of the illegal action or condition and the abatement of the violation.
114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the Building
Official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding
at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of
the unlawful occupancy of the building or structure in violation of the provisions of this code or of the
order or direction made pursuant thereto.
114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of
the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of
the approved construction documents or directive of the Building Official, or of a permit or certificate
issued under the provisions of this code, shall be subject to penalties as prescribed by law.
114.5 Enforcement. 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. Code
enforcement and penalties of chapter 162, part I, Florida Statutes, shall be authorized if building work
begins without payment of all required fees, and for the purposes of enforcing this code, code officials
licensed under chapter 468, part XII, Florida Statutes, are deemed "Code Inspectors," as defined in section
162.04, Florida Statute.
SECTION 115
STOP WORK ORDER
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115.1 Authority. Whenever the Building Official finds any work regulated by this code being performed in
a manner either contrary to the provisions of this code or dangerous or unsafe, the Building Official is
authorized to issue a stop work order.
115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property
involved,the owner's authorized agent or the person performing the work. Upon issuance of a stop work
order, the cited work shall immediately cease. The stop work order shall state the reason for the order
and the conditions under which the cited work will be permitted to resume. Where an emergency exists,
the Building Official shall not be required to give a written notice prior to stopping the work.
115.3 Unlawful continuance. Any person who shall continue any work after having been served with a
stop work order, except such work as that person is directed to perform to remove a violation or unsafe
condition, shall be subject to penalties as prescribed by law.
SECTION 116
UNSAFE STRUCTURES AND EQUIPMENT
116.1 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 ordered by the Building Official to
be abated by the owner, through repair and rehabilitation or by demolition in accordance with this Code.
The extent of repairs shall be determined by the Building Official. 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.
116.1.1 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 provide the owner,
agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system A
written notice of violation 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.
116.1.1.1 In addition to the written notice being sent by certified mail, return receipt requested to
the record owner(s)of the real property upon which the unsafe building,structure,system is located,
the Building Official shall post a copy of the notice in a conspicuous place in City Hall, upon the
building, structure or system, and a copy shall be recorded in the public records of Palm Beach
County.
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116.1.1.2 In addition, a copy of the notice, as outlined in this sub-section, shall be published
simultaneously for two consecutive weekends in a newspaper of local circulation. Such notice shall
be substantially in the following form:
NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT
(Insert Date of Notice)
The owner or other interested parties for the structure located at (address), are hereby
notified that the City of Boynton Beach, Florida will proceed to have the building, structure
or system repaired, demolished or removed (insert stipulated time) after the date of this
Notice, if said building, structure or system is not substantially repaired, demolished or
removed by that date. All costs incurred by the City in connection with the repair,
demolition or removal will be assessed against the property.
If, as a result of this Notice, the building, structure or system is substantially repaired,
demolished, or removed by the owner, notice is hereby given that work to abate the unsafe
condition requires building permits and inspections for code compliance, and all related
fees are required to be paid prior to performing the work or receiving certification of code
compliance.
To request an extension of time, the owner should contact (Contact Person and Phone
Number) within ten (10) days of the date of this Notice. Said request for extension must be
made in writing to the Building Official.
An affected owner or duly authorized agent has the right to appeal this action to the
Building Board of Adjustment and Appeals. An application of appeal should be filed in
writing and hearing costs paid by the affected owner or duly authorized agent, at the City
of Boynton Beach Building Division Office, within (insert stipulated time) of the date of this
Notice. The fee to cover hearing costs shall be established by ordinance.
116.1.1.3 Evidence that an attempt has been made to hand deliver or mail the Notice, as provided
herein, together with a copy of the recorded "Notice of Intent to Demolish or Substantially Repair
and Inspect" at the Clerk of the Court Office, and proof of publication, shall be sufficient to show
that the notice requirements of this Section have been met, without regard to whether or not the
owner actually received said notice.
116.1.2 If necessary, the notice shall also require the building, structure, electrical, gas, mechanical,
plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or
reconnected until the specified repairs and improvements are completed, inspected and approved by
the Building Official. The Building Official shall post at each entrance to the building a placard stating:
THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING
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OFFICIAL. This placard 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 the posting without written permission of the Building Official, or for any person
to enter the building, or use the building or system(s) except for the purpose of making the required
repairs or of demolishing same.
116.1.3 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 may take
action to cause such building, structure, electrical, gas, mechanical or plumbing system or portion
thereof, to be demolished, secured, repaired, or required to remain vacant or unused. Taking such
action does not create a continuing obligation on the part of the Building Official to continue with
maintaining such building, structure, or system; or create liability for any damage to the property.
116.1.4 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 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.
116.2 Reserved.
116.3 Administrative fines; costs to repair; liens. Costs incurred under sections 116.1.3 and 116.1.4 shall
be charged to the owner of the premises involved. If charges are not paid within a ten (10) day period
following mailing of 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, securing, 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, 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 ten (10) percent per annum and shall be enforceable if unsatisfied as other liens may be
enforced by the governing agency.
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116.4 Appeal.The owner, agent, or person in control of an unsafe structure or system shall have the right
to appeal the decision of the Building Official, as provided hereinafter, and to appear before the Building
Board of Adjustments and Appeals at a specified time and place to show cause why they should not comply
with said notice. Applicant shall apply for stay of demolition to the Construction Board of Appeals within
30 days of Unsafe Structure Notice.
SECTION 117
VARIANCES IN FLOOD HAZARD AREAS
117.1 Flood hazard areas. Pursuant to section 553.73(5), Florida Statutes, the variance procedures
adopted in the local floodplain management ordinance shall apply to requests submitted to the Building
Official for variances to the provisions of section 1612.4 of the Florida Building Code, Building or, as
applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to
section 3109 of the Florida Building Code, Building.
SECTION 118
WIND LOADS
(Section 1609, Florida Building Code)
118.1 The basic wind speed in miles per hour, for development of wind loads, shall be determined from
figure 1609, said Basic Wind Speed for Boynton Beach as depicted on map Figure 1609A, Figure 1609B,
and Figure 1609C is hereby added to this code.
SECTION 119
SEVERABILITY
119.1 If any section, subsection, sentence, clause or phrase of this code is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
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