13-010 II '
1 ORDINANCE NO. 13 -010
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA; PROVIDING
5 FOR THE ADOPTION OF AN UPDATE TO THE
6 BOYNTON BEACH ADMINISTRATIVE AMENDMENTS
7 TO THE 2010 FLORIDA BUILDING CODE: PROVIDING
8 FOR CONFLICTS, SEVERABILITY, CODIFICATION
9 AND AN EFFECTIVE DATE.
10
11 WHEREAS, pursuant to Chapter 553.73, Florida Statutes, the City Commission may
12 adopt amendments to the administrative provisions of the Florida Building Code to deal with
13 local issues and conditions that are unique and distinctive to each jurisdiction, subject to the
14 limitations in said statute; and
15 WHEREAS, the City of Boynton Beach adopted the Boynton Beach Amendments to
16 the 2010 Florida Building Code on March 6, 2012; and
17 WHEREAS, the City Commission hereby adopts an update to the Boynton Beach
18 Administrative Amendments to the 2010 Florida Building Code; and
19 WHEREAS, such amendments must be transmitted to the State within 30 days after
20 enactment of the amendments.
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing whereas clauses are true and correct and are now ratified
24 and confirmed by the City Commission.
25 Section 2. That the Update to the Boynton Beach Administrative Amendments to
26 the 2010 Florida Building Code, are hereby amended by adopting those provisions contained
27 in Exhibit "A ", which is attached hereto and incorporated herein by reference.
28 Section 3. That ordinances or parts of ordinances in conflict herewith be and the
29 same are hereby repealed, provided that in the event of a conflict with respect to the
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. i
1 administration of the building codes, existing administrative laws or rules of the City shall
2 control.
3 Section 4. Should any section or provision of this Ordinance or any portion
4 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
5' affect the remainder of this Ordinance.
6 Section 5. Authority is hereby given to codify this Ordinance.
7 Section 6. This Ordinance shall become effective immediately.
8 ; FIRST READING this 7th day of May, 2013.
9 SECOND, FINAL READING AND PASSAGE this 4 day of June- , 2013.
10
11 CITY OF BOYNTON BEACH, FLORIDA
12 '��
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14 or� or
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16 / %hire
17 ' .ce . • oodr• . ay
18 \ 19
20 Corm ioner — David T. " erker
21
23 C missio - Mi ael M itzpatrick
24
25
26 Co missioner — Joe Casello
27 ATTEST:
28
29 `i'
30 M. Prainito, MMC
31 y Clerk
32
33 - { Y A .
34
35 (1 t o .eal)
36 2
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BOYNTON BEACH
ADMINISTRATIVE AMENDMENTS
to the
2010 FLORIDA BUILDING CODE
UPDATED ADOPTED
ORDINANCE NO. 13-
EFFECTIVE MAY 7th, 2013
ORGINALLY ADOPTED
ORDINANCE NO. 12 -003
EFFECTIVE MARCH 6th, 2012
BEGINNING WITH PERMIT NO. 12 -0923
City of Boynton Beach Department of Development
Building Division
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
(561) 742 -6350 Office
(561) 742 -6357 Fax
This document can be downloaded online — at no charge — by visiting the "Forms & Applications" section of
the Building Division page on the City of Boynton Beach website at www bovnton- beach.orq
TABLE OF CONTENTS
ADMINISTRATIVE CODE
(Applies to all Construction Codes)
Chapter 1 Administration
Section Page
101 GENERAL 3
102 APPLICABILITY 5
103 BUILDING DIVISION 8
104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 8
105 PERMITS 10
106 FLOOR AND ROOF DESIGN LOADS 18
107 CONSTRUCTION DOCUMENTS .18
108 TEMPORARY STRUCTURES AND USES .29
109 FEES 29
110 INSPECTIONS 31
111 CERTIFICATES OF OCCUPANCY AND COMPLETION 39
112 SERVICE UTILITIES 41
113 BUILDING BOARD OF ADJUSTMENTS AND APPEALS .41
114 VIOLATIONS 44
115 STOP WORK ORDERS 44
116 UNSAFE STRUCTURES AND EQUIPMENT . 45
117 TESTS 47
118 WIND LOADS 47
119 SEVERABILITY 47
2
CHAPTER 1
ADMINISTRATION
SECTION 101
GENERAL
101.1 Title. These regulations shall be known as the Florida Building Code hereinafter referred to as
"this code."
101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement,
enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal
and demolition of every building or structure or any appurtenances connected or attached to such
buildings or structures.
Exceptions:
1. Detached one- and two - family dwellings and multiple single - family dwellings (townhouses)
not more than three stories above grade plane in height with a separate means of egress
and their accessory structures shall comply with the Florida Building Code, Residential.
2. Existing buildings undergoing repair, alterations or additions and change of occupancy shall
comply with the Florida Building Code, Existing Building.
101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted.
101.2.2 Florida Building Code, Residential. Construction standards or practices which are
not covered by 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, code officials, 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 and 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. The jurisdiction shall not be liable in tort for damages or hazardous or illegal
condition or inadequacy in such building, system, or plan, nor for any failure of any
component of such, which may occur subsequent to such inspection or permitting. Further,
no Building Department employee shall be liable in tort for damage from such conditions, in
accordance with Section 768.28(9)(a) Florida Statutes, as may be amended.
3
101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.9 and referenced
elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent
of each such reference.
101.4.1 Electrical. The provisions of Chapter 27 of the Florida Building Code, Building shall
apply to the installation of electrical systems, including alterations, repairs, replacement,
equipment, appliances, fixtures, fittings and appurtenances thereto.
101.4.2 Gas. The provisions of the International Fuel Gas Code with the Florida Fuel Gas
Code Supplement shall apply to the installation of gas piping from the point of delivery, gas
appliances and related accessories as covered in this code. These requirements apply to gas
piping systems extending from the point of delivery to the inlet connections of appliances and
the installation and operation of residential and commercial gas appliances and related
accessories.
101.4.3 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the
installation, alterations, repairs and replacement of mechanical systems, including equipment,
appliances, fixtures, fittings and /or appurtenances, including ventilating, heating, cooling, air -
conditioning and refrigeration systems, incinerators and other energy - related systems.
101.4.4 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the
installation, alteration, repair and replacement of plumbing systems, including equipment,
appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage
system and all aspects of a medical gas system.
101.4.5 Property maintenance. For provisions related to property maintenance, refer to the
City of Boynton Beach Code of Ordinances, Chapter 10, Article IV.
101.4.6 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire
Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting or relating
to structures, processes and premises from the hazard of fire and explosion arising from
the storage, handling or use of structures, materials or devices; from conditions hazardous to
life, property or public welfare in the occupancy of structures or premises; and from the
construction, extension, repair, alteration or removal of fire suppression and alarm systems or
fire hazards in the structure or on the premises from occupancy or operation.
101.4.7 Energy. The provisions of the Florida Building Code, Energy Conservation shall apply
to all matters governing the design and construction of buildings for energy efficiency.
101.4.8 Accessibility. For provisions related to accessibility, refer to Florida Building Code,
Accessibility.
101.4.9 Manufactured buildings. For additional administrative and special code requirements,
see section 428, Florida Building Code, Building, and Rule 9B -1 F.A.C.
4
SECTION 102
APPLICABILITY
102.1 General. Where, in any specific case, different sections of this code specify different
materials, methods of construction or other requirements, the most restrictive shall govern.
Where there is a conflict between a general requirement and a specific requirement, the specific
requirement shall be applicable.
102.1.1 The Florida Building Code does not apply to, and no code enforcement
action shall be brought with respect to, zoning requirements, land use requirements and
owner specifications or programmatic requirements which do not pertain to and govern
the design, construction, erection, alteration, modification, repair or demolition of public or
private buildings, structures or facilities or to programmatic requirements that do not
pertain to enforcement of the Florida Building Code. Additionally, a local code enforcement
agency may not administer or enforce the Florida Building Code, Building to prevent the siting
of any publicly owned facility, including, but not limited to, correctional facilities, juvenile
justice facilities, or state universities, community colleges, or public education facilities, as
provided by law.
102.2 Building. The provisions of the Florida Building Code shall apply to the construction,
erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance,
removal and demolition of every public and private building, structure or facility or floating residential
structure, or any appurtenances connected or attached to such buildings, structures or facilities.
Additions, alterations, repairs and changes of use or occupancy group in all buildings and
structures shall comply with the provisions provided in Chapter 34 of this code and the Florida Building
Code, Existing Building. The following buildings, structures and facilities are exempt from the Florida
Building Code as provided by law, and any further exemptions shall be as determined by the
legislature and provided by law:
(a) Building and structures specifically regulated and preempted by the federal government.
(b) Railroads and ancillary facilities associated with the railroad.
(c) Nonresidential farm buildings on farms.
(d) Temporary buildings or sheds used exclusively for construction purposes.
(e) Mobile or modular structures used as temporary offices, except that the provisions of Part V
(Section 553.501- 553.513, Florida Statutes) relating to accessibility by persons with disabilities,
and permits shall be required for structural support and tie down, electrical supply, and
all utility connections to such mobile or modular structures.
(f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes,
which are directly involved in the generation, transmission or distribution of electricity.
(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
5
thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any
electrical, plumbing, or other non -wood features.
(i) Service provider water, sewer, storm, gas, cable, telephone, or other similar utility systems are
exempt to the point of service connection for the building or structure.
(j) Family mausoleums not exceeding 250 square feet in area which are prefabricated and
assembled on site or preassembled and delivered on site and have walls, roofs, and a floor
constructed of granite, marble, or reinforced concrete.
(k) Temporary housing provided by the Department of Corrections to any prisoner in the state
correctional system.
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 (Hospital
Licensing and Regulation), and Parts 11 and Vlll of Chapter 400, Florida Statutes
(Nursing Homes), 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 Parts 11 and Vlll of Chapter 400, Florida Statutes, and the certification requirements of
the federal government.
102.2.2 Buildings or structures for residential uses moved into or within 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 original
construction and are operational and safe for reconnection; and
6. Foundation plans are sealed by a professional engineer or architect licensed to practice
in this state, if required by the applicable Florida Statutes for all buildings or
structures of the same residential occupancy class.
7. The requirements of Florida Building Code, Existing Building 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.
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102.2.4 This section does not apply to the jurisdiction and authority of the Department of
Agriculture and Consumer Services to inspect amusement rides or the Department of Financial
Services to inspect state -owned buildings and boilers.
102.2.5 Reserved.
102.2.6 This Code 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.
102.4 Referenced codes and standards. The codes and standards referenced in this code shall be
considered part of the requirements of this code to the prescribed extent of each such reference.
Where differences occur between provisions of this code and referenced codes and standards,
the provisions of this code shall apply.
102.5 Reserved.
102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of
this code shall be permitted to continue without change, except as is specifically covered in
this code, the Codes referenced in Section 101.4, or the Florida Fire Prevention Code, or as is
deemed necessary by the building official for the general safety and welfare of the occupants
and the public.
102.7 Relocation of manufactured buildings.
1. Relocation of an existing manufactured building does not constitute an alteration.
2. A relocated building shall comply with wind speed requirements of the new location, using the
appropriate wind speed map. If the existing building was manufactured in compliance with the
Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building
Code shall be applicable. If the existing building was manufactured in compliance with the
Florida Building Code (after March 1, 2002), the wind speed map of the Florida Building Code
shall be applicable.
3. A relocated building shall comply with the flood hazard area requirements of the new location, if
applicable
102.8 Existing mechanical equipment. An agency or local government may not require that
existing mechanical equipment on the surface of a roof be installed in compliance with the
requirements of the Florida Building Code until the equipment is required to be removed or
replaced.
7
SECTION 103
BUILDING DIVISION
103.1 Establishment. There is hereby established a division to be called the building division and
the person in charge shall be known as the building official. All code officials employed by the
division shall be certified in accordance with Chapter 468, Part XII, Florida Statutes.
103.2 Reserved.
103.3 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, structures, and service systems, inspect the premises for which such permits have been
issued and enforce compliance with the provisions of this code.
104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure
compliance with this code.
104.4 Inspections. The building official shall make all of the required inspections, or the building
official shall have the authority to accept reports of inspection by approved agencies or individuals.
Reports of such inspections shall be in writing and be certified by a responsible officer of such
approved agency or by the responsible individual. The building official is authorized to engage such
expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to
the approval of the appointing authority.
104.5 Identification. The building official shall carry proper identification, as issued by the
jurisdiction, when inspecting structures or premises in the performance of duties under this code.
104.6 Right of entry.
104.6.1 Where it is necessary to make an inspection to enforce any of the provisions of
this code, or where the building official has reasonable cause to believe that there exists in
any building or upon any premises any condition or code violation which makes such
building, structure, or premises, unsafe, dangerous or hazardous, the building official is
8
authorized to enter the building, structure or premises at all reasonable times to inspect or to
perform any duty imposed by this code, provided that ilf such building, structure or premises
are occupied, that credentials be presented to the occupant and entry requested. If such
building, structure, or premises are unoccupied, the building official shall first make a
reasonable effort to locate the owner or other persons having charge or control of the
building, structure, or premises, and request entry. If entry is refused, the building official
shall have recourse to every remedies provided by law to secure entry.
104.6.2 When the building official shall have first obtained a proper inspection warrant
in accordance with F.S. 933, 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 Department 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 F.S. 119.
104.8 Liability. The building official, member of the board of appeals or employee charged with the
enforcement of this code, while acting for the jurisdiction in good faith and without malice in the
discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby
be rendered liable personally and is hereby relieved from personal liability for 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 member because of an act
performed by that officer or employee or 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.
104.9 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, recycled, or reclaimed
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 division.
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
9
construction shall be approved where the building official finds that the proposed design is
satisfactory and complies with the intent of the provisions of this code, and that the material, method
or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in
quality, strength, effectiveness, fire resistance, durability and safety. When alternate life safety
systems are designed, the SFPE Engineering Guide to Performance -Based Fire Protection
Analysis and Design of Buildings, or other methods approved by the building official may be used.
The building official shall require that sufficient evidence or proof be submitted to substantiate any
claim made regarding the alternative.
104.11.1 Research reports. Supporting data, where necessary to assist in the approval of
materials or assemblies not specifically provided for in this code, shall consist of valid
research reports from approved sources.
104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of
this code, or evidence that a material or method does not conform to the requirements of this
code, or in order to substantiate claims for alternative materials or methods, the building
official shall have the authority to require tests as evidence of compliance to be made at no
expense to the jurisdiction. Test methods shall be as specified in this code or by other
recognized test standards. In the absence of recognized and accepted test methods, the
building official shall approve the testing procedures. Tests shall be performed by an approved
agency. Reports of such tests shall be retained by the building official for the period required
for retention of public records.
104.11.3 Accessibility. Alternative designs and technologies for providing access to and
usability of a facility for persons with disabilities shall be in accordance with provisions of
the Florida Building Code, Accessibility.
104.12 Requirements not covered by code. Any requirements necessary for the strength,
stability or proper operation of an existing or proposed building, structure, electrical, gas,
mechanical or plumbing system, or for the public safety, health and general welfare, not specifically
covered by this or the other technical codes, shall be determined by the building official.
SECTION 105
PERMITS
105.1 Required. Any contractor, owner, or agent authorized in accordance with Florida Statute 489
who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a
building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -
resistant coverings, electrical, gas, mechanical, plumbing or fire protection system, or accessible or
flood resistant site element, the installation of which is regulated by this code, or to cause any such
work to be done, shall first make application to the building official and obtain the required permit.
105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an
existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the
building official is authorized to issue an annual permit for any occupancy to facilitate
routine or emergency service, repair, refurbishing, minor renovations of service systems, or
manufacturing equipment installations /relocations. The building official shall be notified of
major changes and shall retain the right to make inspections at the facility sites as deemed
necessary. An annual facility permit shall be assessed with an annual fee and shall be valid
10
for one year from date of issuance. A separate permit shall be obtained for each facility and for
each construction trade, as applicable. The permit application shall contain a general
description of the parameters of work intended to be performed during the year.
105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep
a detailed record of alterations made under such annual permit. The building official shall
have access to such records at all times or such records shall be filed with the building
official as designated. The building official is authorized to revoke or withhold the issuance
of the future annual permits if code violations are found to exist.
105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the
Department of Agriculture and Consumer Services is required of any person who operates
a food establishment or retail store.
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be
deemed to grant authorization for any work to be done in any manner in violation of the provisions
of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the
following:
Building:
1. Building permits are not required for replacement or repair work having value of less than
$1,000.00, providing, however, that such work will not adversely effect the structural integrity,
fire rating, exit access or egress requirements.
2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work, with no
electrical or plumbing work.
3. Temporary motion picture, television and theater sets and scenery.
4. Swings and other playground equipment accessory to detached one- and two - family dwellings,
but they may be subject to Zoning permits.
5. 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 of the roof.
6. The installation of one(1) accessory building (tool shed, etc.) per single family residence /lot, with
the accessory building having a size less than or equal to 100 square feet.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment
unsafe.
Mechanical:
1. Portable heating appliance.
11
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 which does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self- contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and
actuated by motors of 1 horsepower (746 W) or less.
8. The installation, replacement, removal or metering of any load management control device.
Plumbing:
1. The stopping of Teaks 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.
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 next
business day.
105.2.2 Minor repairs. Ordinary minor repairs or installation of replacement parts may be
made with the approval of the building official, without a permit, provided the repairs do not
include the cutting away of any wall, partition or portion thereof, the removal or cutting of any
structural beam or load- bearing support, or the removal or change of any required means of
egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall
ordinary minor repairs include addition to, alteration of, replacement or relocation of any
standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping,
electric wiring systems or mechanical equipment or other work affecting public health or
general safety, and such repairs shall not violate any of the provisions of the technical
codes.
105.2.3 Temporary structures. A special building permit for a 6 month time period may be
required before the erection of temporary structures such as canopies, tents and fences used
in construction work or for temporary purposes such as reviewing stands. Such structures
shall be completely removed upon the expiration of the 6 month time limit.
12
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 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.
105.3.1 Action on application. The building official shall examine or cause to be examined
applications for permits and amendments thereto within a reasonable time after filing. If the
application or the construction documents do not conform to the requirements of pertinent
laws, the building official shall reject such application in writing, stating the reasons therefore. If
the building official is satisfied that the proposed work conforms to the requirements of this
code and laws and ordinances applicable thereto, the building official shall issue a permit
therefore as soon as practicable. When authorized through contractual agreement with a
school board, in acting on applications for permits, the building official shall give first priority
to any applications for the construction of, or addition or renovation to, any school or
educational facility.
105.3.1.1 If a state university, 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. Any electrical or plumbing or air - conditioning and refrigeration system meeting the
following thresholds are required to be designed by a Florida Registered Engineer.
The system:
A. Requires an electrical or plumbing or air - conditioning and refrigeration system
with a value of over $50,000; or
B. 1) Requires an aggregate service capacity of over 600 amperes (240 volts)
on a residential electrical system or over 800 amperes (240 volts) on a
commercial or industrial electrical system.
2) Requires a plumbing system with 250 fixture units or more.
3) Requires Heating, ventilation and air - conditioning system that exceeds a
15- ton -per- system capacity, or if the project is designed to accommodate
over 100 persons
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2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler
system which contains 50 or more sprinkler heads. A Contractor I, Contractor II or
Contractor IV, certified under Section 633.521, Florida Statutes, may design a fire
sprinkler system of 49 or fewer heads and may design the alteration of an existing
fire sprinkler system if the alteration consists of the relocation, addition or deletion of
not more than 49 heads, notwithstanding the size of the existing fire sprinkler
system.
3. Any specialized mechanical, electrical, or plumbing document for any new building
or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration,
halon, or fire detection and alarm system which costs more than $5,000.
Documents requiring an engineer seal by this part shall not be valid unless a professional
engineer who possesses a valid certificate of registration has signed, dated, and sealed such
document as provided in Section 471.025, Florida Statutes.
105.3.2 Time limitation of application. An application for a permit for any proposed work
shall be deemed to have been abandoned and invalid, 180 days after the date of filing, or
for any six month 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 not to exceed three extensions. The extension shall be
requested in writing prior to the abandonment date and justifiable cause demonstrated.
Abandoned applications shall be subject to destruction in accordance with state law. 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, and there
may be additional permits required from other governmental entities such as water
management districts, state agencies or federal agencies."
105.3.4 A building permit for a single - family residential dwelling must be issued within
30 working days of application therefore unless unusual circumstances require a
longer time for processing the application or unless the permit application fails to satisfy
the Florida Building Code or the enforcing agency's laws or ordinances.
105.3.5 Identification of minimum premium policy. Except as otherwise provided in
Chapter 440, Florida Statutes, Workers' Compensation, every employer shall, as a condition
to receiving a building permit, show proof that it has secured compensation for its employees
as provided in Section 440.10 and 440.38, Florida Statutes.
105.3.6 Asbestos removal. Moving, removal or disposal of asbestos - containing materials on a
residential building where the owner occupies the building, the building is not for sale or lease,
and the work is performed according to the owner - builder limitations provided in this
paragraph. To qualify for exemption under this paragraph, an owner must personally appear
14
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 180 days of the contract's execution. The
contract is subject to verification by the Department of Community Affairs.
105.3.8 Public right of way. A permit shall not be given by the building official for the
construction of any building, or for the alteration of any building where said building is to be
changed and such change will affect the exterior walls, bays, balconies, or other appendages
or projections fronting on any street, alley or public lane, or for the placing on any lot or
premises of any building or structure removed from another lot or premises, unless the
applicant has received a right of way permit from the authority having jurisdiction over the
street, alley or public lane.
105.4 Conditions of the permit. The issuance or granting of a permit shall not be construed to be
a permit for, or an approval of, any violation of any of the provisions of this code or of any other
ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions
of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based
on construction documents and other data shall not prevent the building official from requiring the
correction of errors in the construction documents and other data. The building official is also
authorized to prevent occupancy or use of a structure where in violation of this code or of any other
ordinances of this jurisdiction.
105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the
work and not as authority to 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
180 days after its issuance, or if the work authorized by such permit is suspended or
abandoned for a period of 180 days after the time the work is commenced.
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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, or revalidation of the
original permit, covering the proposed construction shall be obtained before proceeding with
the work.
105.4.1.2 If a new permit, or revalidation of the original permit, is not obtained within 180
days from the date the initial permit became null and void, the building official is authorized
to require that any work which has been commenced or completed be removed from the
building site. Alternately, a new permit may be issued on application, providing the work in
place and required to complete the structure meets all applicable regulations in effect at the
time the initial permit became null and void and any 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 90 days 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.
105.5 Expiration. Reserved
105.6 Suspension or Revocation of permits
105.6.1 Misrepresentation of application. The building official may suspend or_revoke a
permit or approval, issued under the provisions of this code, in case 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.
105.6.2 Violation of code provisions. The building official may suspend or revoke a 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. As per Section 713.135, Florida Statutes, when any person
applies for a building permit, the authority issuing such permit shall print on the face of each permit
card in no less than 14- point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE
TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR
IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT
WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF
COMMENCEMENT."
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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" 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 shall be provided as each
required protective treatment is completed, supplying one 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 is only for 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 is only for 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 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 inspect such work. 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. In
addition, they shall certify conformity to the permit, and upon completion of the structure, electrical,
17
gas, mechanical or plumbing systems make and file with the building official written affidavit that
the work has been done in conformity to the reviewed plans and 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. 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 XII of Chapter 468,
Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the building official.
105.15 Opening protection. When any activity requiring a building permit that is applied for on or
after July 1, 2008, and for which the estimated cost is $50,000 or more for a site built single family
detached residential structures that is located in the wind borne debris region as defined in this
Code and that has an insured value of $750,000 or more, or, if the site built single family detached
residential structures is uninsured or for which documentation of insured value is not presented, has
a just valuation for the structure for purposes of ad valorem taxation of $750,000 or more; opening
protections as required within this Code or 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.
SECTION 106
FLOOR AND ROOF DESIGN LOADS
106.1 Live Toads posted. Where the live loads for which each floor or portion thereof of a
commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN /m2), such
design live loads shall be conspicuously posted by the owner in that part of each story in which they
apply, using durable signs. It shall be unlawful to remove or deface such notices
106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111
shall not be issued until the floor load signs, required by Section 106.1, have been installed.
106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on
any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this
code.
SECTION 107
CONSTRUCTION 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& 61G15 Florida Administrative Code or Chapter
481, Florida Statutes& 61G1 Florida Administrative Code. Where special conditions exist, the
building official is authorized to require additional construction documents to be prepared by a
18
registered design professional. Electronic media documents shall be submitted when required by 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, landscape architect, 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 1, or landscape architecture as provided for in
Chapter 481, Florida Statutes, Part 11, 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.
107.2 Construction documents. Construction documents shall be in accordance with Sections
107.2.1 through 107.2.5.
107.2.1 Information on construction documents. Construction documents shall be
dimensioned and drawn upon suitable material. Electronic media documents shall be
submitted when approved by the building official. Construction documents shall be of sufficient
clarity to indicate the location, nature and extent of the work proposed and show in
detail that it will conform to the provisions of this code and relevant laws, ordinances, rules
and regulations, as determined by the building official. Such drawings and specifications shall
contain information, in the form of notes or otherwise, as to the quality of materials, where
quality is essential to conformity with the technical codes. Such information shall be specific,
and the technical codes shall not be cited as a whole or in part, nor shall the term "legal" or
its equivalent be used as a substitute for specific information. All information, drawings,
specifications and accompanying data shall bear the name and signature of the person
responsible for the design. (See also Section 107.3.5).
107.2.1.1 Fire protection system shop drawings. Shop drawings for the fire protection
system(s) shall be submitted to indicate conformance with this code and the construction
documents and shall be approved prior to the start of system installation. Shop drawings
shall contain all information as required by the referenced installation standards in
Chapter 9 of the Florida Building Code.
107.2.1.2 For roof assemblies required by the code, the construction documents shall
illustrate, describe and delineate the type of roofing system, materials, fastening
requirements, flashing requirements and wind resistance rating that are required to be
installed. Product evaluation and installation shall indicate compliance with the wind
criteria required for the specific site or a statement by an architect or engineer for the
specific site must be submitted with the construction documents.
107.2.1.3 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.
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107.2.1.4 Quality of building plans. Building plans shall be drawn to a minimum 1/8 inch
scale upon substantial paper, cloth or other acceptable medium. The building official may
establish through departmental policy, other standards for plans and specifications, in
order to provide conformity to its record retention program. This policy may include such
things as minimum size, shape, contrast, clarity, or other items related to records
management. Electronic media must be compatible with the archive requirements of
Florida Statutes.
107.2.2 Reserved.
107.2.3 Means of egress. The construction documents shall show in sufficient detail the
location, construction, size and character of all portions of the means of egress in compliance
with the provisions of this code. In other than occupancies in Groups R -2, R -3, and 1 -1, the
construction documents shall designate the number of occupants to be accommodated on
every floor, and in all rooms and spaces.
107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the
exterior wall envelope in sufficient detail to determine compliance with this code. The
construction documents shall provide details of the exterior wall envelope as required,
including flashing, intersections with dissimilar materials, corners, end details, control joints,
intersections at roof, eaves or parapets, means of drainage, water - resistive membrane and
details around openings. The construction documents shall include manufacturer's
installation instructions that provide supporting documentation that the proposed penetration
and opening details described in the construction documents maintain the weather resistance
of the exterior wall envelope. The supporting documentation shall fully describe the exterior
wall system which was tested, where applicable, as well as the test procedure used.
107.2.5 Site plan. The construction documents submitted with the application for permit shall
be accompanied by a site plan showing to scale the size and location of new construction
and existing structures on the site, distances from lot lines, the established street grades and
the proposed finished grades and, as applicable, flood hazard areas, floodways, and design
flood elevations; and it shall be drawn in accordance with an accurate boundary line survey.
In the case of demolition, the site plan shall show construction to be demolished and the
location and size of existing structures and construction that are to remain on the site or plot.
The building official is authorized to waive or modify the requirement for a site plan when the
application for permit is for alteration or repair or when otherwise warranted.
107.2.5.1 Design flood elevations. Where design flood elevations are not specified, they
shall be established in accordance with Section 1612.3.1.
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:
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,
20
assembly (including utility crossover connections) and construction at the site are subject to
local permitting and inspections. Photocopies of plans approved according to FAG 9B- 1.009,
F.A.C., shall be sufficient for local permit application documents of record for the modular
building portion of the permitted project.
2. Industrial construction on sites where design, construction and fire safety are supervised by
appropriate licensed design and inspection professionals and which contain adequate in -house fire
departments and rescue squads is exempt, subject to approval 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 noted, in writing or by stamp, as "Reviewed for Code
Compliance." One set of construction documents so reviewed shall be retained by the building
official. The other set shall be returned to the applicant, shall be kept at the site of work and
shall be open to inspection by the building official or a duly authorized representative.
107.3.2 Previous approvals. This code shall not require changes in the construction
documents, construction or designated occupancy of a structure for which a lawful permit has
been heretofore issued or otherwise lawfully authorized, and the construction of which has
been pursued in good faith within 180 days after the effective date of this code and has not
been abandoned.
107.3.3 Phased approval. The building official is authorized to issue a permit for the
construction of foundations or any other part of a building or structure before the construction
documents for the whole building or structure have been submitted, provided that adequate
information and detailed statements have been filed complying with pertinent requirements of
this code. The holder of such permit for the foundation or other parts of a building or structure
shall proceed at the holder's own risk with the building operation and without assurance that
a permit for the entire structure will be granted.
107.3.4 Design professional in responsible charge.
107.3.4.1 Reserved.
107.3.4.2 Reserved.
107.3.4.3 Certifications by contractors authorized under the provisions of Section
489.115 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.
21
107.3.5 Minimum plan review criteria for buildings. The examination of the documents by the
building official shall include the following minimum criteria and documents: a floor plan; site
plan; foundation plan; floor /roof framing plan or truss layout; all fenestration penetrations;
flashing; and rough opening dimensions; and all exterior elevations:
107.3.5.1 Commercial Buildings:
107.3.5.1.1 Building
1. Site requirements:
Parking
Fire access
Vehicle loading
Driving /turning radius
Fire hydrant/water supply /post indicator valve (PIV)
Set back/separation (assumed property lines)
Location of specific tanks, water lines and sewer lines
Flood hazard areas, flood zones, and design flood elevations
2. Occupancy group and special occupancy requirements shall be determined.
3. Minimum type of construction shall be determined (see Table 503).
4. Fire - resistant construction requirements shall include the following components:
Fire - resistant separations
Fire - resistant protection for type of construction
Protection of openings and penetrations of rated walls
Fire blocking and draft stopping and calculated fire resistance
5. Fire suppression systems shall include:
Early warning smoke evacuation systems
Schematic fire sprinklers
Standpipes
Pre - engineered systems
Riser diagram
6. Life safety systems shall be determined and shall include the following
requirements:
Occupant load and egress capacities
Early warning
Smoke control
Stair pressurization
Systems schematic
7. Occupancy load /egress requirements shall include:
Occupancy Toad
Gross
Net
Means of egress
Exit access
22
Exit
Exit discharge
Stairs construction /geometry and protection
Doors
Emergency lighting and exit signs
Specific occupancy requirements
Construction requirements
Horizontal exits /exit passageways
8. Structural requirements shall include:
Soil conditions /analysis
Termite protection
Design loads
Wind requirements
Building envelope
Structural calculations (if required)
Foundation
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
Insulation
10. Accessibility requirements shall include the following:
Site requirements
Accessible route
Vertical accessibility
Toilet and bathing facilities
Drinking fountains
Equipment
Special occupancy requirements
Fair housing requirements
11. Interior requirements shall include the following:
Interior finishes (flame spread /smoke development)
23
Light and ventilation
Sanitation
12. Special systems:
Elevators
Escalators
Lifts
107.3.5.1.2 Electrical
1. Electrical:
Wiring
Services
Feeders and branch circuits
Overcurrent protection
Grounding
Wiring methods and materials
GFCIs
2. Equipment
3. Special occupancies
4. Emergency systems
5. Communication systems
6. Low voltage
7. Load calculations
8. Design flood elevation
107.3.5.1.3 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
24
9. Irrigation
10. Location of water supply line
11. Grease traps
12. Environmental requirements
13. Plumbing riser
14. Design flood elevation
107.3.5.1.4 Mechanical
1. Energy Calculations
2. Exhaust systems:
Clothes dryer exhaust
Kitchen equipment exhaust
Specialty exhaust systems
3. Equipment
4. Equipment location
5. Make -up air
6. Roof - mounted equipment
7. Duct systems
8. Ventilation
9. Combustion air
10. Chimneys, fireplaces and vents
11. Appliances
12. Boilers
13. Refrigeration
14. Bathroom ventilation
15. Laboratory
16. Design flood elevation
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107.3.5.1.5 Gas
1. Gas piping
2. Venting
3. Combustion air
4. Chimneys and vents
5. Appliances
6. Type of gas
7. Fireplaces
8. LP tank location
9. Riser diagram /shutoffs
10. Design flood elevation
107.3.5.1.6 Energy Calculations
107.3.5.1.7 Engineering
1. Storm water drainage system and other requirements of the Engineering Division
107.3.5.2 Demolition
1. Asbestos removal
107.3.5.3 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. Smoke detector locations
4. Egress
Egress window size and location stairs construction requirements
5. Structural requirements shall include:
Wall section from foundation through roof, including assembly and materials connector
tables
Termite protection
Design Loads
26
Wind requirements
Building envelope
Structural calculations (if required)
Foundation
Wall systems
Floor systems
Roof systems
6. Accessibility requirements: show /identify accessible bath
7. Impact resistant coverings or systems
8. Flood hazard areas, flood zones, design flood elevations, lowest floor elevations,
enclosures, equipment, and flood damage- resistant materials
9. Electrical:
Electric service riser
Wire sizes
Grounding detail
Complete load calculations
Panel schedules
Service equipment
Panel locations
10.Mechanical:
Energy calculations
Exhaust systems
Equipment specs and location
Duct systems
Ventilation
Chimneys, fireplaces and vents
Appliances
11.Plumbing:
Water supply piping
Sanitary drainage
Water heaters
Vents
Roof drainage
Back flow prevention
Location of water supply line
Environmental
12.Gas:
Gas piping
Venting
Combustion air
Chimneys and vents
Appliances
Type of gas
27
Fireplaces
LP tank location
Riser diagram /shutoffs
13. Energy Calculations
14. Engineering
Storm water drainage system and other requirements of the Engineering Division.
107.3.5.4 Swimming Pools
1. Barrier requirements
2. Spas
3. Wading pools
107.3.5.5 Exemptions.
Plans examination by the building official shall not be required for the following work:
1. Replacing existing equipment such as mechanical units,
water heaters, etc.
2. Minor electrical, plumbing and mechanical repairs
3. Annual maintenance permits
4. Manufactured buildings or prototype building plans except for local site adaptations and
foundations of buildings, which are constructed on site, and modifications or structures
that require waiver.
a. Site requirements
setback/separation (assumed property lines)
location of septic tanks (if applicable)
b. Structural
wind zone
anchoring
blocking
c. Plumbing
List potable water source and meter size (if applicable)
d. Mechanical
exhaust system
clothes dryer exhaust
kitchen equipment exhaust
e. Electrical
exterior disconnect location
107.4 Amended construction documents. Work shall be installed in accordance with the reviewed
construction documents, and any changes made during construction that are not in compliance with
the reviewed construction documents shall be resubmitted for review as an amended set of
construction documents.
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107.5 Retention of construction documents. One set of official construction documents shall be
retained by the building official as required by Florida Statutes.
107.6 Affidavits. The building official may accept a sworn affidavit from a registered architect or
engineer stating that the plans submitted conform to the technical codes. For buildings and
structures, the affidavit shall state that the plans conform to the laws as to egress, type of
construction and general arrangement and, if accompanied by drawings, show the structural design
and that the plans and design conform to the requirements of the technical codes as to strength,
stresses, strains, loads and stability. The building official may without any examination or inspection
accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit
to the building official copies of inspection reports as inspections are performed and upon
completion of the structure, electrical, gas, mechanical or plumbing systems a certification that the
structure, electrical, gas, mechanical or plumbing system has been erected in accordance with the
requirements of the technical codes. Where the building official relies upon such affidavit, the
architect or engineer shall assume full responsibility for compliance with all provisions of the
technical codes and other pertinent laws or ordinances. The building official shall ensure that any
person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468,
Florida Statutes, and that any person conducting inspections is qualified as a building inspector
under Part XII of Chapter 468, Florida Statutes.
SECTION 108
TEMPORARY STRUCTURES AND USES
108.1 General. The building official is authorized to issue a permit for temporary structures and
temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for
more than 180 days. The building official is authorized to grant extensions for demonstrated cause.
108.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire
safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code
as necessary to ensure public health, safety and general welfare.
108.3 Temporary power. The building official is authorized to give permission to temporarily supply
and use power in part of an electric installation before such installation has been fully completed and
the final certificate of completion has been issued. The part covered by the temporary certificate
shall comply with the requirements specified for temporary lighting, heat or power in Chapter 27 of the
Florida Building Code, Building.
108.4 Termination of approval. The building official is authorized to terminate such permit for a
temporary structure or use and to order the temporary structure or use to be discontinued.
SECTION 109
FEES
109.1 Prescribed fees. A permit shall not be issued until fees authorized under Section 553.80,
Florida Statutes, have been paid. Nor shall an amendment to a permit be released until the additional
fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing,
mechanical or gas systems has been paid.
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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.
109.3 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 Department 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 Department 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.
109.4 Building permit valuations. If, in the opinion of the building official, the claimed valuation of
building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be
underestimated on the application, the permit shall be denied, unless the applicant can show
detailed, quantity estimates, and /or bona fide signed contracts (excluding land value) to meet the
approval of the building official. For permitting purposes, valuation of buildings and systems shall
be total replacement value to include structural, electric, plumbing, mechanical, interior finish,
relative site work, architectural and design fees, overhead and profit; excluding only land value.
Valuation references may include the latest published data of national construction cost analysis
services (Marshall -Swift, Means, etc.), as published by International Code Congress. Final building
permit valuation shall be set by the building official.
109.5 Work commencing before permit issuance. Any person who commences any work on a
building, structure, electrical, gas, mechanical or plumbing system that requires a permit before
obtaining the necessary permit(s) without prior approval from the building official shall be subject to
a penalty of four times the permit fee that is required for the work. The building official shall have the
authority to waive the penalty fee upon written appeal from the applicant.
109.6 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
109.7 Plan filing fee. A plan - filing fee shall be paid at the time of filing a permit application as
required, in accordance with the schedule as established by the applicable governing authority. The
plan - filing fee is part of the permit fee and is deducted from the total amount of the permit fee. The
- - - - .1 0 . - • • - - - • ••• -. The plan - filing fee is nonrefundable.
109.8 Refunds. All permit fees under this section are non - refundable and non - transferable
109.9 Contractors
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109.9.1 Contractor's responsibilities. It shall be the duty of every contractor who shall
make contract for the installation or repairs of a building, structure, electrical, gas,
mechanical or plumbing system, for which a permit is required to comply with state, county or
local rules and regulations concerning licensing and inspections which the applicable
governing authority may have adopted.
109.9.2 Residential owner /builder exemption responsibilities. Pursuant to provisions of
Chapter 489.103 and 489.503, Florida Statutes, an owner may make application for permit
and must provide direct on site supervision with the construction, maintenance, alterations, or
repairs of a one or two - family residence for his /her OWN USE AND OCCUPANCY and not
intended for sale. The construction of more than one residence by an individual owner in any
365 day period shall be construed as contracting and, such owner shall then be required to
be licensed as a contractor.
109.9.3 Non - residential owner /builder exemption responsibilities. An owner of any
building may make application for a building permit for work in a building that is for his /her
OWN USE AND OCCUPANCY, and wherein the work does not exceed a maximum of
$25,000 within any 365 day period.
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 accessible and exposed for
inspection purposes until approved. Approval as a result of an inspection shall not be construed to be
an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.
Inspections presuming to give authority to violate or cancel the provisions of this code or of other
ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the
work to remain accessible and exposed for inspection purposes. 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.
110.2 Preliminary inspection. Subject to the limitations of F.S. Chapter 553, 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 cause to be examined any building, electrical, gas, mechanical, or plumbing
systems for which an application has been received for a permit to enlarge, alter, repair,
move, demolish, install, or change the occupancy. He /she may inspect the buildings,
structures, electrical, gas, mechanical and plumbing systems, from time to time, before,
during and upon completion of the work for which a permit was issued. He /she shall make a
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record of every such examination and inspection and of all observed violations of the
technical codes. Additional regulations in Florida Building Code, Existing Building 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 and forms erected
and required reinforcing steel is in place and, shall at a minimum include the
following building components:
• Stem -wall
• Monolithic slab -on -grade
• Pilings and pile caps
• Footings /grade beams
1.1 Slab /Floor Inspection: Concrete slab and under -floor inspections shall be made
after in -slab or under -floor reinforcing steel or framing members installed and all
building service equipment, conduit, piping accessories and other ancillary
equipment items are in place, but before any concrete is placed or floor
sheathing installed, including the subfloor.
A foundation /Form board survey prepared and certified by a registered
surveyor may be required, prior to approval of the slab inspection. The survey
shall certify placement of the building on the site, illustrate all surrounding
setback dimensions and shall be available at the job site for review by the
building inspector.
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 prior to installation of the dry-in material.
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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. Verify rough opening dimensions are within
tolerances, buck and attachments
• 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. Roofing inspection. Shall at a minimum include the following building components:
• Dry -in
• Insulation
• Roof coverings (including in- progress)
• Flashing
4. Energy 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.
6. Final inspection. To be made after the building is 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.
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 electric inspection to be made prior to filling the swimming pool with water.
• Final permanent barrier inspection is to be made prior to filling the swimming pool
with water.
• In order to pass final inspection and receive a certificate of completion, a
residential swimming pool must meet the requirements relating to pool safety
features as described in Section 424.2.17.
• Final inspection to be made when the swimming pool is complete and all
required enclosure requirements are in place.
8. Demolition inspections.
• Final inspection to be made after all demolition work is completed.
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9. Manufactured building inspections. The building department shall inspect construction of
foundations; connecting buildings to foundations; installation of parts identified on plans
as site installed items, joining the modules, including utility crossovers; utility connections
from the building to utility lines on site; and any other work done on site which
requires compliance with the Florida Building Code. Additional inspections may be
required for public educational facilities (See Section 423.27.20).
10. Where impact- resistant coverings or impact resistant systems are installed to meet
requirements of this code, the building official shall schedule adequate inspections of
impact- resistant coverings or impact resistant systems to determine the following:
• The system indicated on the plans was installed.
• The system is installed in accordance with the manufacturer's installation instructions
and the product approval.
B. Electrical
1. Underground inspection (including bonding and ground). To be made after trenches or
ditches are excavated, conduit or cable is installed, and before any backfill is put in
place.
2. Rough -in inspection. To be made after the building is dried -in, framing, fire- blocking and
bracing is in place, and prior to the installation of insulation (if applicable), or 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 is complete, all required electrical fixtures
are in place and properly connected or protected, and the structure is ready for
occupancy.
C. Plumbing
1. Underground inspection. To be made after trenches or ditches are excavated, piping is
installed, and before any backfill is put in place.
2. Rough -in inspection. To be made after the roof, framing, fireblocking and bracing is in
place and all soil, waste and vent piping is complete, and prior to the is installation
of insulation (if applicable), or wall or ceiling membranes.
3. Final inspection. To be made after the building is complete, all plumbing fixtures are in
place and properly connected, and the structure is ready for occupancy.
Note: See Section 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 is installed, and before any backfill is put in place.
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2. Rough -in inspection. To be made after the building is dried -in, framing, fire blocking and
bracing are in place and all ducting, and other concealed components are complete,
and prior to the installation of insulation (if applicable), or wall or ceiling membranes.
3. Final inspection. To be made after the building is complete, the mechanical system is in
place and properly connected, and the structure is ready for occupancy.
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.
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 Debris
1. The contractor and /or owner of any active or inactive construction project shall be
responsible for the clean -up and removal of all construction debris or any other
miscellaneous discarded articles prior to receiving final inspection approval.
Construction job sites must be kept clean.
2. All debris shall be kept in such a manner as to prevent it from being spread by any
means.
110.3.1 Footing and foundation inspection. Reserved.
110.3.2 Concrete slab and under -floor inspection. Reserved.
110.3.3 Reinforcing steel and structural frames. Reinforcing steel or structural frame
work of any part of any building or structure shall not be covered or concealed without first
obtaining a release from the building official. Certification that field welding and structural
bolted connections meet design requirements shall be submitted to the building official, upon
request.
110.3.4 Termites. Building components and building surroundings required to be protected
from termite damage in accordance with Section 1503.6, Section 2304.13 or Section
2304.11.6, specifically required to be inspected for termites in accordance with
35
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. (Also refer to Sections 105.10 and 105.11)
110.3.5 Shoring. For threshold buildings, shoring and associated formwork or falsework
shall be designed and inspected by a Florida licensed professional engineer, employed by the
permit holder or subcontractor, prior to any required mandatory inspections by the threshold
building inspector.
110.3.6 Fire- and smoke - resistant penetrations. Protection of joints and penetrations in
fire - resistance -rated assemblies, smoke barriers and smoke partitions shall not be concealed
from view until inspected and approved.
110.3.7 Threshold building.
110.3.7.1 The enforcing agency shall require a special inspector to perform structural
inspections on a threshold building pursuant to a structural inspection plan prepared by the
engineer or architect of record. The structural inspection plan must be submitted to the
enforcing agency prior to the issuance of a building permit for the construction of a
threshold building. The purpose of the structural inspection plans is to provide specific
inspection procedures and schedules so that the building can be adequately inspected for
compliance with the permitted documents. The special inspector may not serve as a
surrogate in carrying out the responsibilities of the building official, the architect or
the engineer of record. The contractor's contractual or statutory obligations are not
relieved by any action of the special inspector.
110.3.7.2 The special inspector shall determine that a professional engineer who
specializes in shoring design has inspected the shoring and reshoring for conformance with
the shoring and reshoring plans submitted to the enforcing agency. A fee simple title owner
of a building, which does not meet the minimum size, height, occupancy, occupancy
classification or number -of- stories criteria which would result in classification as a threshold
building under s. 553 .71, may designate such building as a threshold building, subject to
more than the minimum number of inspections required by the Florida Building Code.
110.3.7.3 The fee owner of a threshold building shall select and pay all costs of
employing a special inspector, but the special inspector shall be responsible to the
enforcement agency. The inspector shall be a person certified, licensed or registered
under Chapter 471, Florida Statutes, as an engineer or under Chapter 481, Florida
Statutes, as an architect.
110.3.7.4 Each enforcement agency shall require that, on every threshold building:
110.3.7.4.1 The special inspector, upon completion of the building 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."
36
110.3.7.4.2 Any proposal to install an alternate structural product or system to
which building codes apply shall be submitted to the enforcement agency for review
for compliance with the codes and made part of the enforcement agency's recorded set
of permit documents.
110.3.7.4.3 All shoring and reshoring procedures, plans and details shall be
submitted to the enforcement agency for recordkeeping. Each shoring and reshoring
installation shall be supervised, inspected and certified to be in compliance with the
shoring documents by the contractor.
110.3.7.4.4 All plans for the building which are required to be signed and
sealed by the architect or engineer of record contain a statement that, to the best of
the architect's or engineer's knowledge, the plans and specifications comply with the
applicable minimum building codes and the applicable fire- safety standards as
determined by the local authority in accordance with this section and Chapter 633,
Florida Statutes.
110.3.7.5 No enforcing agency may issue a building permit for construction of any
threshold building except to a licensed general contractor, as defined in Section
489.105(3)(a), Florida Statutes, or to a licensed building contractor, as defined in Section 489.
105(3)(b), Florida Statutes, within the scope of her or his license. The named contractor
to whom the building permit is issued shall have the responsibility for supervision,
direction, management and control of the construction activities on the project for which
the building permit was issued.
110.3.7.6 The building department may allow a special inspector to conduct the
minimum structural inspection of threshold buildings required by this code, Section 553.73,
Florida Statutes, without duplicative inspection by the building department. The building
official is responsible for ensuring that any person conducting inspections is qualified as a
building inspector under Part XII of Chapter 468, Florida Statutes, or certified as a special
inspector under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings
required by Section 553.79(5), Florida Statutes, are in addition to the minimum
inspections required by this code.
110.3.8 Reserved.
110.3.9 Other inspections services. The building official may make, or cause to be made
by others, the inspections required by Section 109. He /she may accept reports of inspectors
of recognized inspection services, provided that after investigation he /she is satisfied as to
their qualifications and reliability. A certificate called for by any provision of the technical
codes shall not be based on such reports unless the same are in writing and certified by a
responsible officer of such service. The building official may require the owner to employ an
inspection service in the following instances:
1. For buildings or additions of Type I construction
2. For all major structural alterations
3. Where the concrete design is based on compressive strength (f 'c) in excess of 3000
pounds per square inch
37
4. For pile driving
5. For buildings with area greater than 20,000 square foot
6. For buildings more than 2 stories in height
7. For buildings and structures of unusual design or methods of construction
Such inspectors shall be adequately present at times work is underway on the structural
elements of the building. Such inspectors shall be a registered architect, or engineer, or a
person licensed under Chapter 468, Part XII, Florida Statutes. Such inspectors shall submit
weekly progress reports including the daily inspections to the building official, and including a
code compliance opinion of the Resident Inspector.
At the completion of the construction work or project, such inspectors shall submit a
certificate of compliance to the building official, stating that the work was done in compliance
with this code and in accordance with the permitted drawing. Final inspection shall be made
by the building official before a Certificate of Occupancy or Certificate of Completion is
issued; and confirmation inspections may be made at any time to monitor activities and
resident inspectors.
110.3.9.1 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.
110.3.10 Inspections prior to issuance of Certificate of Occupancy or Completion. The
building official shall inspect or cause to be inspected, at various intervals, all construction or
work for which a permit is required, and a final inspection shall be made of every building,
structure, electrical, gas, mechanical or plumbing system upon completion, prior to the
issuance of the Certificate of Occupancy or Certificate of Completion. In performing
inspections, the building official shall give first priority to inspections of the construction,
addition, or renovation to, any facilities owned or controlled by a state university, state
community college or public school district.
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.
38
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 inspector. The building official, upon
notification, shall make the requested inspections and shall either indicate the portion of the
construction that is satisfactory as completed, or notify the permit holder or his or her agent
wherein the same fails to comply with this code. Any portions that do not comply shall be corrected
and such portion shall not be covered or concealed until authorized by the building official.
110.7 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, patios, driveways, decks or similar items, on existing properties resulting in a significant
decrease in excess of 800 square feet 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 engineer shall be submitted to the inspector in order to
receive approval of the final inspection.
flood zone shall be elevated a minimum of 12 inches above the base flood elevation (BFE). The
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SECTION 111
CERTIFICATES OF OCCUPANCY AND
COMPLETION
111.1 Use and Occupancy. No building or structure shall be used or occupied, and no change in
the existing occupancy classification of a building or structure or portion thereof shall be made, until
the building official has issued a Certificate of Occupancy therefore as provided herein. Issuance of a
Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of this
code or of other ordinances of the jurisdiction. Said certificate shall not be issued until all required
electrical, gas, mechanical, plumbing and fire protection systems have been inspected for
compliance with the technical codes and other applicable laws and ordinances and released by the
building official. Certain fees, including the balance of the Arts in Public Places fee when
applicable, are due prior to the issuance of a certificate of occupancy.
Exception: Certificates of occupancy are not required for work exempt from permits under Section
105.2.
39
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 building division or
other agency whose approval is inherent in the building permitting process, the building official shall
issue a Certificate of Occupancy that contains the following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner.
4. A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for compliance with
the requirements of this code for the occupancy and division of occupancy and the use for
which the proposed occupancy is classified.
6. For buildings and structures in flood hazard areas, a statement that documentation of the as-
built lowest floor elevation has been provided and is retained in the records of the building
division.
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. A 30 -day temporary/partial Certificate of Occupancy or
Certificate of Completion may be issued for a portion or portions of a building that may safely be
occupied prior to final completion of the building. The building official may require, once all life
safety issues have been complied with, an applicant to provide adequate cash surety for unfinished
work or revision of plans until a permanent Certificate of Occupancy or Certificate of Completion is
granted. The purpose of the cash surety is to insure completion of work under this permit. Such
cash surety shall be equal to one hundred ten percent (110 %) of the estimated value of the
remaining work, including labor and material, as determined by the design professional. The design
professional shall submit a signed and sealed document attesting to the amount required to cover
the cash surety. If work has not been completed and all finals requested within 90 days of issuance
of the initial Temporary/Partial Certificate of Occupancy or Certificate of Completion, the jurisdiction
retains the right to have the applicant surrender the cash surety. The jurisdiction then may use the
surety to finish the remaining work. The surety shall be in the form of cash money, certified check,
or cashiers check. Surety shall be returned upon approval of all final inspections and upon written
request that has been approved by the building official. This provision is only for the Florida Building
40
Code, all other Agency approvals necessary for construction must be secured prior to this provision
being applied.
111.4 Certificate of Completion. Upon satisfactory completion of a building, structure, electrical,
gas, mechanical or plumbing system, a Certificate of Completion may be issued. This certificate is
proof that a structure or system is complete and for certain types of permits is released for use and
may be connected to a utility system. This certificate does not grant authority to occupy or connect a
building, such as a shell building, prior to the issuance of a Certificate of Occupancy.
111.5 Revocation. The building official is authorized to, in writing, suspend or revoke a Certificate
of Occupancy or Completion issued under the provisions of this code wherever the certificate is
issued in error, or on the basis of incorrect information supplied, or where it is determined that the
building or structure or portion thereof is in violation of any ordinance or regulation or any of the
provisions of this code.
SECTION 112
SERVICE UTILITIES
112.1 Connection of service utilities. No person shall make connections from a utility, source of
energy, fuel or power to any building or system that is regulated by this code for which a permit is
required, until released by the building official and a Certificate of Occupancy or Completion is
issued. The servicing utility company shall not connect the power supply until notified by the building
official.
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 for the
purpose of testing building service systems or for use under a temporary Certificate of Occupancy.
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 unsafe condition, 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 whenever possible the owner and occupant of the
building, structure, or service system of the decision to disconnect prior to taking such action. If not
notified prior to disconnecting, the owner or occupant of the building, structure, or service system
shall be notified in writing, as soon as practical thereafter.
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
41
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 has a
personal or financial interest.
113.2.2 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. Three absences
of any member from required meetings of the board shall in a 12 month period, at the
discretion of the applicable governing body, render any such member subject to immediate
removal from office.
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 detailed record of all of its proceedings, which
shall set forth the reasons for its decision, the vote of each member, the absence of a
member, and any failure of a member to vote.
113.3 Powers. The Building Board of Adjustments and Appeals shall have the power, as further
defined in 116.4, to hear appeals of decisions and interpretations of the building official and
consider variances of the technical codes.
113.4 Appeals
113.4.1 Decision of the building official. The owner of a building, structure or service
system, or duly authorized agent, may appeal a decision of the building official to the Building
Board of Adjustment and Appeals whenever any one of the following conditions are claimed
to exist:
1. The building official rejected or refused to approve the mode or manner of construction
proposed to be followed or materials to be used in the installation or alteration of a
building, structure or service system.
2. The provisions of this code do not apply to this specific case.
3. That an equally good or more desirable form of installation can be employed in any
specific case, which the building official has rejected or refused.
42
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.
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. 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
Chairperson, 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
43
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 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.
SECTION 114
VIOLATIONS
Any person, firm, corporation or agent who shall violate a provision of this code, or fail to comply
therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install,
demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected,
constructed, altered, repaired, moved or demolished a building, structure, electrical, gas,
mechanical or plumbing system, without full compliance with applicable codes, laws, ordinances,
rules and regulations, shall be guilty of a misdemeanor. Each such person shall be considered guilty
of a separate offense for each and every day or portion thereof during which any violation of any of
the provisions of applicable codes, laws, ordinances, rules and regulations is committed or
continued, and upon conviction of any such violation such person shall be punished within the limits
and as provided by state laws. Nothing in this section shall prevent the authority having jurisdiction
from imposing fines, liens, or seek injunction relief, or exercising other enforcement powers as
permitted by law. Code enforcement and penalties of 162 Florida Statutes Part I 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 Florida Statute 468 Part XII are deemed "Code Inspectors ", as
defined in Florida Statute 162.04.
SECTION 115
STOP WORK ORDER
115.1 Stop work orders. Upon notice from the building official, work on any building, structure,
electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of this
code or in a dangerous or unsafe manner, shall immediately cease.
44
115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the
property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop
work order, the cited work shall immediately cease. The stop work order shall state the reason for the
order, and the conditions under which the cited work will be permitted to resume. 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 the 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. At the option of the local government, the processes
and procedures for code enforcement under Florida - - _ _ _ . • • _ _ _ . _ - -
violation under this section. If this statutory mcthod of enforcement is invoked, the building
Statute.
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 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.
45
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, acting
- - _ _ _ _ _ _ - - • .. • - , _ _ after having ascertained the cost,
official 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 - - - •- - -• - - ; - - -- - - -- - - - - - - - • . -
structures and equipment will be conducted before thc code enforcement board or special
court is required to make disclosures as outlined in Florida Statute 162 before a transfer of property,
and failure to make the required disclosures crctcs a presumption of fraud. Reserved.
116.3 Administrative fines; costs to repair; liens. . _ . _ _•- . - _ . _ .. - _ _ -
thc enforcement board shall bc recovered whcre thc jurisdiction prevails. Whenever one of the
for compliance, thc enforcement board or thc special magistrate may impose a fine. All costs
incurred as a result of actions taken per Section 115.1.3 arc charged to the violator. A cep
date specified in thc ordcr, the enforcement board shall issue an ordcr acknowledging compliance
that shall bc recorded in thc public record. A hearing is not required for the issuance of such a
s Costs incurred under 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
46
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
116.4 Appeal. £ • ..e - e e- , •- -- - •- - -- -- - - -- , - - ---- -
administrative order of an cnforccmcnt board or special magistrate to thc circuit court. Such an
before the cnforccmcnt board. An app al shall be filed within 30 days of the execution of thc order
to be app alcd. 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.
SECTION 117
TESTS
The building official may require tests or test reports as proof of compliance. Required tests are to
be made at the expense of the owner, or agent, by an approved testing laboratory or other
approved agency.
SECTION 118
WIND LOADS
(Section 1609, Florida Building Code)
The basic wind speed in miles per hour, for development of wind Toads, 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
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.
47
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