02-047ORDINANCE NO. 02-O~'/
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
LAND DEVELOPMENT REGULATIONS, CHAPTER 20,
BUILDING, HOUSING AND CONSTRUCTION
REGULATIONS, SECTION 3 MINIMUM BUILDING AND
CONSTRUCTION STANDARDS; PROVIDING FOR THE
ADOPTION OF THE BOYNTON BEACH
ADMINISTRATIVE AMENDMENTS TO THE 2001
FLORIDA BUILDNG CODE, PLUMBING, MECHANICAL,
GAS CODE 2001 AND 1999 NATIONAL ELECTRICAL
CODE AND AMENDMENTS THERETO: PROVIDING
FOR CONFLICTS, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 553.73, Florida Statutes, the City
Commission may adopt amendments to the administrative provisions of
the Florida Building Code, subject to the limitations in said statue; and
WHEREAS, such amendments mu~ be transmitted to the State
within 30 days after enactment of the amendments; and
NOW' THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: Chapter 20 of the Land Development Regulations
Buidings, Housing and Construction Reglations, Article I. Section 3.
Minimum building and construction standards is hereby amended by
adding the words and figures in underlined type and by deleting the words
and figures in struck-through type, as follows:
Sec. 3. Minimum building and construction standards.
The ~.....Florida Building Code 2001,__Gas and~-Mechanical
~Codes, 3997 2001 _Edition, .a. nd the 1999
.National Electrical Cod~ including future editions or revisions as
adopted by the City, are hereby adoptd as the minimum
Building Code for the City of Boynton Beach.
Chapter 1. Administration, as described in :--~;~:~ ^ -~-~,--~ ,:-
r,.~; ..... ~.^ ,-,n ,=~ is the B0ynt0n Beach Amendments, and
is incorporated ~s if herein ---~'--~---~ ~'~--~,,- ~ ^~..,,.,~ ~..,,-
in the ~ Florida Building_Q~b_~_~, Gas, and
~echanical and ~[umbing Codes, ~997 200~ Edition, and the
~'~ ~["~ ~ ~ ~ ~;~;~ ~999 National Ele~rical
Code.
The CiW of Boynton Beach Administrative .Amendments to the
if hcrdn,. 2001 Florida Building Code, Plumbing, Mechanical,
Gas and ~999 National Electrical COde are attached and
incorporated in this document and made a part hereof
D. All construction regulation fees...
Section 2: That ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed, provided that in the event
of a conflict with respect to administration of the building codes, existing
administrative laws or rules of the City shall control.
Section 3: Should any section or provision of this Ordinance or
any portion thereof be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this Ordinance.
Section 4:
Section 5:
upon passage.
Authority is hereby granted to codify said Ordinance.
This Ordinance shall become effective immediately
F]~RST READING this ~ day of August, 2002.
SECOND, FINAL READING and PASSAGE ~ day of September 2002.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
(City
BOYNTON BEACH
ADMINISTRATIVE AMENDMENTS
to the
2001 FLORIDA BUILDING CODE
ORDINANCE NO. 02-047/EFFECTIVE SEPT. 3, 2002
BEGINNING WITH PERMIT NO. 02-3428
Words underlined are additions
Words with strikeouts are deletions
City of Boynton Beach Department of Development
Building Division
100 East Boynton Beach Blvd.
PO Box 0310
Boynton Beach, Florida 33420-0310
(561) 742-6350 FAX (~61) 742-6357
TABLE OF CONTENTS
CHAPTER 1
SECTION
ADMINISTRATIVE CODE (Applies to all Construction Codes)
ADMINISTRATION
101
102
103
104
105
106
107
108
109
110
GENERAL
BUILDING DIVISION
POWERS & DUTIES OF BUILDING OFFICIAL
PERMITS
INSPECTIONS
CERTIFICATES
TESTS
BUILDING BOARD OF ADJUSTMENT & APPEALS
SEVERABILITY
VIOLATIONS AND PENALTIES
Page
1
1
3
4
7
2O
25
27
27
29
29
S:~Development~ORDINANCES & AI~ENDMENTS~ Table of Contents to 2001 Amendments.doc
CHAPTER 1
ADMINISTRATION
101 GENERAL
101.1 SCOPE
The provisions of this chapter shall govern the administration and enforcement of the ~'lorida
Building, Gas, Mechanical and Plumbing Codes, and the National Electrical Code, hereinafter
referred to as the "technical codes," as maybe adopted by the state or local jurisdiction.
101.2 TITLE
The provisions of the following chapters shall constitute and be
"Administrative Code," herein referred to as "this code."
known and cited as the
101.3 CODE REMEDIAL
101.3.1 GENERAL. This code is hereby declared to be remedial and shall be construed to secure
the beneficial interests and purposes thereof, which are public safety, health, and general welfare
through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and
property from fire and other hazards attributed to the built environment including alteration, repair,
removal, demolition, use and occupancy of buildings, structures, or premises, and by regulating the
installation and maintenance of all electrical, gas, mechanical and plumbing systems, which may be
referred to as service systems.
101.3.2 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.
101.3.3 PERMI'I-rlNG AND INSPECTION. The inspection or permitting of any building, system or
plan by c.",~,' 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 Ne This
jurisdiction nor any employee thereof shall not be liable in tort for damages for any defect 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.
101.4 APPLICABILITY
101.4.1 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.
101.4.2 BUILDING. The provisions of the Florida Building Code, as amended herein, shall apply to
the construction, alteration, 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.
101.4.2.1 The Florida Buildinq Code does not apply to, and no code enforcement action shall be
brought with respect to1 zoning requirements, land use requirements and owner specifications or
programmatic requirements which do not pertain to and qovern 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 Buildinq Code.
Additionally, a local code enforcement a.qency may not administer or enforce the Florida Buildinq
Code, Buildin.q, to prevent the siting of any publicly owned facility, including, but not limited to,
correctional facilities, iuvenile justice facilities, or state universities, community colleqes, or public
education facilities, as provided by law. In addition to the requirements of this code, other agencies
have adopted regulations affecting building design and construction. These are as follows:
S:~)evelo~menttORDINANCES & AMENDMENTSt2001 Administrative Code Exhibit A, doc ]
OTHER AGENCIES TOPICS REGULATED
Federal & State DEP: Wetlands Permitting
State Health Department: Wells & Septic Systems
Florida Department of Business Requlation:
Restaurants
Contractor Licenses
South Florida Water Management
Lake Worth Drainage District
State DEP & Army Corp of Enqineers
Lakes, Canals, Ponds, Intracoastal Waterway
101.4.2.2 In addition to the requirements of Sections 553.79 and 553.80, Florida Statutes, facilities
subject to the provisions of Chapter 395, Florida Statutes and part II of Chapter 400, Flodda Statutes
shall have facility plans reviewed and construction surveyed by the state agency authorized to do so
under the requirements of Chapter 395, Florida Statutes and Part II of Chapter 400, Flodda Statutes
and the certification requirements of the Federal Government.
101.4.2.3 Residential buildinqs or structures mo~ed into or within a county or municipality shall
not be required to be brought into compliance v~th the state minimum buildinq code in force at
the time the building or structure is mo~ed, provided:
1. The building or structure is structurallysound and in occupiable condition for its intended
use;
2. The occupancy use classification for the building or structure is not chanqed as a result of
the move;
3. The buildinq is not substantially remodeled;
4. Current fire code requirements for inqress and egress are met;
5. Electrical, gas and plumbing s~stems meet the codes in force at the time of construction
and are operational and safe for reconnection; and
6. Foundation plans are sealed bya professional engineer or architect licensed to practice
in this state, if required by the Florida Building Code, Building, for all residential buildings or
structures of the same occupancy class.
101.4.2.3.1 The building official shall apply the same standard to a moved residential buildinq or
structure as that applied to the remodeling of any comparable residential building or structure to
determine whether the moved structure is substantially remodeled. The cost of the foundation on
which the moved buildinq or structure is placed shall not be includedin the cost of remodeling for
purposes of determininq whether a moved buildinq or structure has been substantially remodeled.
101.4.2.4 This section does not apply to the iurisdiction and authority of the Department of
Agriculture and Consumer Services to inspect amusement rides or the Department of Insurance to
inspect state-owned buildings and boilers.
101.4.3 ELECTRICAL. The provisions of thc H=t!c.q=! EI=ctrP'..cl Ccdc Chapter 27 of the Florida
Buildinq Code, Building, adopting the National Electrical Code as amended herein shall apply to the
installation of electrical systems, including alterations, repairs, replacement, equipment, appliances,
fixtures, fittings and appurtenances thereto.
101.4.4 GAS. The provisions of the Stand:rd Gcc Ccdc Florida Buildinq Code, Fuel Gas, shall
apply to the installation of consumer's gas piping, 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.
S:~DeveloI~ment~ORDINANCES & AMENDMENTSt2001 Administrative Code Exhibit A.doc '~
101.4.5 MECHANICAL. The provisions of the Standard Mech3n!ca! Ccd9 Florida Buildinq Code,
Mechanical, shall apply to the installation of mechanical systems, including alterations, repairs,
replacement, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating,
heating, cooling, air conditioning and refrigeration systems, incinerators, and other energy-related
systems.
101.4.6 PLUMBING. The provisions of the Standard P!umb!ng Ccd= Florida Buildinq Code,
Plumbinq, shall apply to every plumbing installation, including alterations, repairs, replacement,
equipment, appliances, fixtures, fittings and appurtenances, and when connected to a water or
sewerage system and all aspects of a medical gas system.
101.4.7 FEDERAL AND STATE AUTHORITY. The provisions of this code shall not be held to
deprive any Federal or State agency, or any applicable governing authority having jurisdiction, of any
power or authority which it had on the effective date of the adoption of this code or of any remedy
then existing for the enforcement of its orders, nor shall it deprive any individual or corporation of its
legal rights as provided by law.
101.4.8 APPENDICES. To
r~,~ ...... ,~ ;~, ,~,~, ,.,.,~, ,~,,, ..... ;~,..~,, ;~,,.,, ,,~,,~ ;,~ ~h~, ,~,~,-,,,~; .... ,~; ..... Appendix A Weiqhts
............................ P ........ Y ...................~. .... ~ ............
and Buildinq Materials Section of the 2001 Florida Building Code is hereby adopted and
incorporated into this code. No other appendices are being adopted.
101.4.9 REFERENCED STANDARDS. Standards referenced in the technical codes shall be
considered an integral part of the codes without separate adoption. If specific portions of a standard
are denoted by code text, only those portions of the standard shall be enforced. Where code
provisions conflict with a standard, the code provisions shall be enforced. Permissive and advisory
provisions in a standard shall not be construed as mandatory. The Land Development Regulations
of the Boynton Beach Code of Ordinances have been adopted by Ordinance 95-02 and shall set
additional construction standards.
101.4.10 UNITS OF MEASURE. The inch-pound system of measurement is applicable to the
provisions of this code. Metric units indicated in parenthesis following inch-pound units are
approximate equivalents and are provided for information purposes only.
101.4.11 ACCESSIBILITY. For provisions related to accessibility, refer to Chapter 11 of the
Florida Building Code, Building.
101.4.12 ENERGY. For provisions related to enerqy, refer to Chapter 13 of the Florida Buildinq
Code, Building.
102 BUILDING DIVISION
102.1 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 X]II, Florida Statutes.
102.2.1 BUILDING OFFICIAL QUALIFICATIONS. The building official shall have at least ten years
combined experience as an architect, engineer, construction code official, contractor or construction
superintendent with at least five years of such experience in supervisory positions. The building
official shall be certified as a building official or building code administrator by the State of Florida.
The building official shall be appointed or hired by the applicable governing authority. The building
official shall be removed by the applicable governing authority in conformance with Florida law.
S:~Develoi~ment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc ~
102.2.2 CHIEF INSPECTOR QUALIFICATIONS. The building official, with the approval of the
governing authority, may designate chief inspectors to administer the provisions of the Building,
Electrical, Gas, Mechanical, and Plumbing Codes. Each chief inspector shall have at least ten
year's combined experience as an architect, engineer, construction code official, contractor or
construction superintendent with at least five years of such experience in supervisory positions. The
chief inspector shall be certified for the appropriate trade bythe State of Florida.
102.2.3 PLANS EXAMINER & INSPECTOR QUALIFICATIONS. The building official, with the
approval of the applicable governing authority, may appoint or hire such number of officers, plans
examiners, inspectors, assistants and other employees as shall be authorized from time to time. A
person shall not be appointed or hired as a plans examiner or inspector of construction who has not
had at least five years experience as a building inspector, engineer, architect, or as a
superintendent, foreman, or competent mechanic in charge of construction, in the corresponding
trade. The plans examiners and inspectors shall be certified through the State of Florida for the
appropriate trade.
102.2.4 DEPUTY BUILDING OFFICIAL QUALIFICATIONS. The building official may designate as a
deputy an employee in the division who shall, during the absence or disability of the building official,
exercise all the powers of the building official. The deputy building official shall have the same
qualifications listed in 102.2.2.
102.3 RESTRICTIONS ON EMPLOYEES
An officer or employee connected with the division, except one whose only connection is as a
member of the board established by this code, shall not be financially interested in the furnishing of
labor, material, or appliances for the construction, alteration, or maintenance of a building, structure,
service, system, or in the making of plans or of specifications thereof, unless he is the owner of
such. This officer or employee shall not engage in any other work that is inconsistent with their
duties or conflict with the interests of the division.
102.4 RECORDS
The building official shall keep, or cause to be kept, a record of the business of the division. The
records of the division shall be open to public inspection.
102.5 LIABILITY
Any current or former officer or employee, or member of the Building Board of Adjustments and
Appeals, charged with the enforcement of this code, acting for the applicable governing authority in
the discharge of their duties, shall not thereby render himself personally liable, and is hereby
relieved from all personal liability, for any damage that may accrue to persons or property as a result
of any act required or permitted in the discharge of their duties. Any suit brought against any current
or former officer or employee or member, because of such act performed in the enforcement of any
provision of this code, shall be defended by le.qal council appointed by the agency or applicable
governing authority until the final termination of the proceedings.
102.6 REPORTS
T. he building official shall submit annually a report covering the work of the building division during
the preceding year. He The building official may incorporate in said report a summary of the
decisions of the Building Board of Adjustments and Appeals during said ~ear.
103 POWERS AND DUTIES OF THE BUILDING OFFICIAL
103.1 GENERAL
The building official is hereby authorized and directed to enforce the provisions of this code. The
building official is further authorized to render interpretations of this code, which are consistent with
its spirit and purpose.
S:~Develol;ment~ORDINANCES & AMENDMENTS12001 Administrative Code Exhibit A.doc
103.2 RIGHT OF ENTRY
103.2.1 Whenever necessary to make an inspection to enforce any of the provisions of this code, or
whenever the building official has reasonable cause to believe that there exists in any building or
upon any premises any condition or code violation which makes such building, structure, premises,
electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the building
official may enter such building, structure or premises at all reasonable times to inspect the same or
to perform any duty imposed upon the building official by this code. If such building or premises are
occupied, he the building official shall first present proper credentials and request entry. If such
building, structure, or premises are unoccupied, he shall first make a reasonable effort to locate the
owner or other persons having charge or control of such and request entry. If entry is refused, the
building official shall have recourse to every remedy provided by law to secure entry.
103.2.2 When the building official shall have first obtained a proper inspection warrant or other
remedy provided by law to secure entry, no owner or occupant or any 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.
103.3 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. Such notice shall be in writing and shall be given to the
owner of the property, or to their agent, or to the person doing the work, and shall state the
conditions under which work may be resumed. Where an emergency exists, the building official
shall not be required to give a written notice prior to stopping the work.
103.4 REVOCATION OF PERMITS
103.4.1 MISREPRESENTATION OF APPLICATION. The building official may revoke a permit or
approval, issued under the provisions of this code, in case there has been anyfalse statement or
misrepresentation as to the material fact in the application or plans on which the permit or approval
was based.
103.4.2 VIOLATION OF CODE PROVISIONS. The building official may revoke a permit upon
determination by the building official that the construction, erection, alteration, repair, moving,
demolition, installation, or replacement of the building, structure,,.,vv.,.~.,"'~'"*-~"'~ '~u-v, ..... ...~v,.-...~,~""~"'~ '"'~,
"~, ,'~'~-;"'- or service systems for which the permit was issued is in violation of, or not in conformity
with, the provisions of this code.
103.5 UNSAFE BUILDINGS OR SYSTEMS
All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe,
unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise
dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health,
are considered unsafe buildings or service systems. All such unsafe buildings, structures or service
systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition
in accordance with this Code. The extent of repairs shall be determined bythe 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 code and applicable municipal ordinances.
103.5.1 PROVIDING NOTICE. 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 shall,
in accordance with established procedure for legal notices, give the owner, agent or person in
control of such building, structure, electrical, gas, mechanical or plumbing system written notice
stating the defects thereof. This notice shall require the owner within a stated time either to complete
specified repairs or improvements, or to demolish and remove the building, structure, electrical, gas,
mechanical or plumbing system or portion thereof.
S3DeveloI~ment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc ~
103.5.2 POSTING. If necessary, such notice shall also require the building, structure, electrical, gas,
mechanical, plumbing systems or portion thereof to be vacated forthwith and not reoccupied until the
specified repairs and improvements are completed, inspected and approved by the building official.
The building official shall cause to be posted at each entrance to such building a notice stating:
THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE
BUll,DING OFFICIAL. Such notice shall remain posted until the required repairs are made or
demolition is completed. It shall be unlawful for any person, firm or corporation or its officers, agents,
or other servants, to remove such notice without written permission of the building official, or for any
person to enter the building, or use such systems except for the purpose of making the required
repairs or of demolishing same.
103.5.3 APPEALS. The owner, agent or person in control shall have the right to appeal any
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 he should not comply
with said notice.
103.5.4 ABSENT OWNERSHIP. In case the owner, agent, or person in control cannot be found
within the stated time limit, or if such owner, agent, or person in control shall fail, neglect, or refuse
to comply with notice to repair, rehabilitate, or to demolish, and remove said building, structure,
electrical, gas, mechanical or plumbing system or portion thereof, the building official, after having
ascertained the cost, shall cause such building, structure, electrical, gas, mechanical or plumbing
system or portion thereof to be demolished, secured, or required to remain ~acant or unused.
103.5.5 EMERGENCY ACTION. 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 shall promptly cause such building, structure, electrical, gas,
mechanical or plumbing system or portion thereofto be made safe or cause its removal. For this
purpose he 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 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.
103.5.6 COST. Costs incurred under 103.5.4 and 103.5.5 shall be charged to the owner of the
premises involved. If charges are not paid within a ten business day period following the billing
notification sent by certified mail, the owner of the premises will be charged in the following manner:
1. The building official shall assess the entire cost of such vacation, demolition, or removal
against the real property upon which such cost was incurred, which assessment shall include,
but not be limited to, all administrative costs, postal expenses, newspaper publication, and shall
constitute a lien upon such property superior to all others e~.,ept taxes.
2. The Agency Clerk 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 months from the filing of any such lien,
which remains unpaid, the governing body may foreclose the lien in the same manner as
mortgage liens are foreclosed. Such lien shall bear interest from date of abatement of nuisance
at the rate of 10 percent per annum for individuals and 15 percent for corporate owners and
shall be enforceable if unsatisfied after the expiration of two years after the date of filing notice of
such lien, as other liens may be enforced by the governing agency. No lien created pursuant to
the provisions of this ordinance may be foreclosed on real property that is a homestead under
Article X, Section 4, of the Florida Constitution.
S:~)evelo~ment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc
103.6 REQUIREMENTS NOT COVERED BY CODE
Any requirements necessary for the strength, stability or proper operation of an existing or proposed
building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health
and general welfare, not specifically covered by this or the other technical codes, shall be
determined by the building official. In addition, other requirements to implement, clarify, or set
procedures to accomplish the intention of this code may be set in writin.q by the buildin.q official and
may be posted electronically for public access.
103.7 ALTERNATE MATERIALS AND METHODS
The provisions of the technical codes are not intended to prevent the use of any material or method
of construction not specifically prescribed by them, provided the building official has reviewed any
such alternate. The building official shall approve any such alternate, provided the building official
finds that the alternate for the purpose intended is at least the equivalent of that prescribed in the
technical codes, in quality, strength, effectiveness, fire resistance, durability and safety. The
building official shall require that sufficient evidence or proof be submitted to substantiate any claim
made regarding the alternate.
104 PERMITS
104.1 PERMIT APPLICATION
104.1.1 WHEN REQUIRED. Any owner, authorized agent, or contractor who desires to construct,
enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to
erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or
plumbing system, the installation of which is regulated by the technical codes, or to cause any such
work to be done, shall first make application to the building official and obtain the required permit for
the work. Permit applicants shall be properly qualified under the laws regulating the certification and
licensing of contractors, or be exempt therefrom. Permit applicants shall be competent in all
technical work and codes under their direct supervision as determined by the buildinq official or
desi.qnee.
A permit shall be required for, but not limited to, the following as determined by the building official:
Buildings/Structures - Construct, erect, enlarge, alter, move, remove, relocate, demolish or
change the occupancy of any building, or portion thereof.
Service Systems - Install, enlarge, alter, repair, improve, remove, convert or replace any electrical,
gas, mechanical, or plumbing system work or cause the same to be done.
Roofing - Install, replace, or resurface roofing, or make repairs. If durin.q any 12-month pedod more
than 25% of a roof is removed, repaired, or recovered, then the entire roof shall comply with the
requirements of the technical codes.
Windows & Doors - Install or replace windows or doors including frames, shutters, awnings,
canopies, or similar items.
Barriers & Signs - Erect or replace fences, walls, signs, or sign structures.
Antennas, Mast or Poles - Install or replace masts, towers for television or radio receiving-
transmitting antenna extending more than ten feet above the last anchorage, satellite dish antennas,
flag poles, exterior lighting or similar items.
Pools - Install swimming pool, wading pool, or spas, above or below ground, unless otherwise
exempted.
Fuel Tanks - Install or replace gasoline, fuel, oil, bottled gas, oxygen, nitrous oxide, or similar liquid
or gaseous storage tanks, pumps, and related equipment, above or below ground in a capacity of
more than five gallons.
Surfaces - Construct, replace or resurface asphalt or concrete driveways, parking areas,
hardstands, or sidewalks.
Marine Facilities - Install or replace docking mooring facilities for private or commercial water craft,
groins, sea walls, jetties, revetments, or similar structures and flcilities related thereto.
Fire Prevention/Suppression - Install, replace, or relocate fire sprinkler, fire alarm, smoke
detection, or similar fire prevention and protection systems and related equipment or appurtenances.
S:~Develol)ment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc
EXCEPTIONS:
Ordinary minor repairs, installation or replacement may be made with the approval of the
building official without a permit. Installation shall be done in accordance with the
manufacturer's specifications when not in conflict with this or the technical Codes.
Exemption from the 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 the technical 'codes or any other laws or ordinances of the applicable governing body.
Building. Building permits may not be required for replacement or repair work having value
of less than $1,000, providing, however, that such work will not effect the structural integrity,
fire rating, exit access or egress requirements. 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 inte.qrity of the roof.
Mechanical. Permits may not be required for the following mechanical work:
1. Any portable heating appliance.
2. Any portable ventilation equipment.
3. Any portable cooling unit.
4. Any 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. Any portable evaporative cooler.
7. Any self-contained refrigeration system containing ten pounds or less of refrigerant and
actuated by motors of one-horsepower or less.
Electrical, Gas & Plumbing. In a one and two-family dwelling, a permit may not be
required for the following:
1. Repair, installation or replacement of common household fixtures to existing energy
supply lines and outlets. Existing energy supply lines shall not be altered or extended.
2. Repair or replacement of common household electrical switches and outlets on the load
side of the electrical source.
3. Repair, installation or replacement of common household plumbing fixtures to existing
supply lines and outlets. Existing supply lines shall not be altered or extended. This
does not include water heaters.
104.1.2 TEMPORARY STRUCTURES. A special building permit for a limited time shall be obtained
before the erection of temporary structures such as construction sheds, seats, 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 time limit stated in the permit.
104.1.3 WORK AUTHORIZED. A building, electrical, gas, mechanical or plumbing permit shall carry
with it the right to construct or install the v~)rk, provided the same are shown on the drawings and
set forth in the specifications filed with the application for the permit. Where these are not shown on
the drawings and covered by the specifications submitted with the application, separate permits
shall be required.
104.1.4 MINOR REPAIRS. Ordinary minor repairs may be made with the approval of the building
official without a permit, provided that such repairs shall not violate any of the provisions of the
technical codes. Installation shall be done in accordance with the manufacturer's specifications
when not in conflict with this or the technical codes.
S:~Develof~ment~ORDINANCES & AMENDMENTS~O01 Administrative Code Exhibit A.doc f~
104.1.5 INFORMATION REQUIRED. Each application for a permit, with the required fee, shall be
filed with the building official on a form furnished for that purpose and shall contain a general
description of the proposed work and its location. The owner, or an authorized agent shall sign the
application. The building permit application shall indicate the proposed occupancy of all parts of the
building and of that portion of the site or lot, if any, not covered by the building or structure and shall
contain such other information as may be required by the building official.
104.1.6 TIME LIMITATIONS. An application for a permit for any proposed work shall be deemed to
have been abandoned 6 months after the date offiling for the permit, unless before then a permit
has been issued. One or more extensions of time for periods of not more than 90 days each, not to
exceed three extensions, may be allowed by the building official for the application, provided the
extension is requested in writing and justifiable cause is demonstrated. After the third extension,
appeal may be made to the Buildin.q Board of Adjustments and Appeals.
104.2 DRAWINGS AND SPECIFICATIONS
104.2.1 REQUIREMENTS. When required by the building official, two or more copies of
specifications, and of product approval drawings drawn to scale with sufficient clarity and detail to
indicate the nature and character of the work, shall accompany the application for a permit. 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-Rame their official seal and signature
of the person responsible for the design as state law requires.
104.2.1.1 For roof assemblies required by the code, the construction documents shall illustrate,
describe, and delineate the type of roofing system, materials, fastenings 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.
104.2.2 ADDITIONAL DATA. The building official may require details, computations, stress
diagrams, and other data necessary to describe the construction or installation and the basis of
calculations. All drawings, specifications and accompanying data required by the building official to
be prepared by an architect or engineer shall be afixed with their official seal.
104.2.3 DESIGN PROFESSIONAL. All drawings, specifications, and accompanying data including
those prepared for townhouses, shall be prepared by a design professional, or be exempt therefrom.
Pursuant to Chapters 471 and 481, Florida Statutes, a design professional shall be an architect or
engineer legally registered under the laws of this state regulating the practice of architecture or
engineering and shall affix an official seal to said drawings, specifications and accompanying data.
For all other buildings and structures, the submittal shall bear the certification of the applicant that
cites a specific state law exception that permits its preparation bya person not so registered.
104.2.3.1 Certifications by contractors authorized under the provisions of Section 489.115(4)(b),
Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person
licensed under Chapter 471 Florida Statutes of 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.
S:~Develoi~ment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc 0
EXCEPTION: One and two-family dwellings may not require a registered architect or
engineer, or a certification that an architect or engineer has performed design services,
provided that the entire dwelling conforms to a prescriptive standard adopted by the
governing authority. This exception does not limit the powers of the building official granted
in Section 104.2.2 or elsewhere in this code.
104.2.4 STRUCTURAL AND FIRE RESISTANCE INTFGRITY. Plans for all buildings shall indicate
how required structural and fire resistance integrity will be maintained where a penetration of a
required fire resistant wall, floor or partition will be made for electrical, gas, mechanical, plumbing
and communication conduits, pipes and systems. Such plans shall also indicate in sufficient detail
how the fire integrity will be maintained where required fire resistant floors intersect the extedor was
and where joints occur in required fire resistant construction assemblies.
104.2.5 SITE DRAWINGS. Drawings shall show the location of the proposed building or structure
and of every existing building or structure on the site or lot. The building official may require a
boundary line survey, or other survey, prepared by a qualified surveyor. Surveys shall be prepared
in accordance with provisions of Chapters 177 and 472 Florida Statutes, and Rule 61 G17, Florida
Administrative Code.
104.2.6 HAZARDOUS OCCUPANCIES. The building official may require the following:
1. General Site Plan. A general site plan drawn at a legible scale which shall include, but
not be limited to, the location of all buildings, exterior storage facilities, permanent access
ways, evacuation routes, parking lots, internal roads, chemical loading areas, equipment
cleaning areas, storm and sanitary sewer accesses, emergency equipment and adjacent
property uses. The exterior storage areas shall be identified with the hazard classes and the
maximum quantities per hazard class of hazardous materials stored.
2. Building Floor Plan. A building floor plan drawn to a legible scale which shall include,
but not be limited to, all hazardous materials storage facilities within the building and shall
indicate rooms, doorways, corridors, exits, fire rated assemblies with their hourly rating,
location of liquid tight rooms, and evacuation routes. Each hazardous materials storage
facility shall be identified on the plan with the hazard classes and quantity range per hazard
class of the hazardous materials stored.
104.2.7 QUALITY OF PLANS. The building official may establish, through division policy, 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. Submitted drawings shall be executed at a minimum 1/8" equals 1' scale upon
substantial paper, cloth or other acceptable medium. Exception: Site drawings, vicinity maps, profile
sheets, key plans and the like may be at smaller scales acceptable to the building oflcial.
104.3 EXAMINATION OF DOCUMENTS
104.3.1 PLAN REVIEW. The building official shall examine or cause to be examined each
application for a permit and the accompanying documents, consisting of drawings, specifications,
computations and additional data, and shall ascertain by such examinations whether the
construction indicated and described is in accordance with the requirements of the technical codes
and all other pertinent laws or ordinances.
EXCEPTIONS:
1. Buildinq plans approved pursuant to Section 553.77(6), Florida Statutes and state-
approved manufactured buildings are exempt from local codes enforcin.q agency plan
reviews except for provisions of the code relating to erection, assembly or construction at the
site. Erection, assembly and construction at the site are subject to local permitting and
inspections, and this would encompass the tie-down of manufactured buildings.
2. Industrial construction on sites where design, construction and fire safety are supervised
by appropriate desi.qn and inspection professionals and which contain adequate in-house
S:~Develof~ment~ORDINANCES & AMENDMENTS~O01 Administrative Code Exhibit A.doc 1 ~
fire departments and rescue squads is exempt, subiect to local government option, from
review of plans and inspections, providing owners certify that applicable codes and
standards have been met and supply appropriate approved drawinqs to local buildinq and
fire-safety inspectors.
104.3.1.1 MINIMUM PLAN REVIEW CRITERIA FOR BUILDINGS. The examination of the
documents by the building official shall include the following minimum cdteda and documents; a floor
plan, site plan, foundation plan, floodroof framing plan or truss la.ut and all exterior elevations:
Commercial Buildings:
Building
1. Site Requirements
.parking
afire access
· vehicle loading
· driving/turning radius
· fire hydrant/water supply/Post hdicator Valve (PIV)
eset back/separation (assumed property lines)
elocation of specific tanks, water lines and sewer lines
2. Occupancy group and special occupancy requirements shall be determined.
3. Minimum type of construction shall be determined (Table 500)
4. Fire resistant construction requirements shall include the bllowin,q components:
· fire resistant separations
efire resistant protection for type of construction
eprotection of openings and penetrations of rated walls
efire blockinq and draft stoDDing
ecalculated fire resistance
5. Fire suppression systems shall include:
· early warning
· smoke evacuation systems schematic
afire sprinklers
.standpipes
epre-en.qineered systems
eriser diagram
6. Life Safety systems shall be determined and shall include the followinq requirements:
eoccupant load and egress capacities
· early warning
· smoke control
estair pressurization
esystems schematic
7. Occupancy Load/Eqress Requirements shall include:
eoccupancy load
e,qross
enet
· means of egress
· exit access
eexit
eexit discharge
estairs construction/,qeometry and protection
edoors
· emergency lighting and exit si,qns
especific occupancy requirements
econstruction requirements
ehorizontal exits/exit passageways
8. Structural requirements shall include:
esoil conditions/analysis
· termite protection
S:~)evelol~ment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc 1 1
· design loads
· wind requirements
· building envelope
· structural calculations (if required)
.foundation
· wall systems
· floor systems
· roof systems
· threshold inspection plan
· stair systems
Materials shall be reviewed and shall at a minimum include the following:
.wood
.steel
.aluminum
.concrete
.plastic
.glass
.masonry
· .Clypsum 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
especial occupancy requirements
· fair housing requirements
· handicapped accessibility
11. Interior requirements shall include the followin.q:
· interior finishes (flame spread/smoke develop)
· light and ventilation
.sanitation
12. Special systems
.elevators
.escalators
.lifts
13. Swimming Pools
· alarm/barrier requirements
.spas
· wading pools
Plans shall detail compliance with Section 424 of this code, and NSPI-5, and Section
104.2.4 on Site Drawings.
Electrical
1. Electrical:
.wiring
.services
· feeders and branch circuits
· overcurrent protection
.Qroundin.cl
· wiring methods and materials
.GFCIs
2. Equipment
3. Special Occupancies
S:~Develo/~rnent~ORDINANCES & AMENDMENTS~O01 Administrative Code Exhibit A.doc 1 '~
4. Emergency Systems
5. Communication Systems
6. Low-volta.qe
7. Load calculations
Plumbinq
1. Minimum plumbing facilities
2. Fixture requirements
3. Water supplvpipinq
4. Sanitary drainage
5. Water heaters
6. Vents
7. Roof drainage
8. Back flow prevention
9. Irriqation
10. Location of water supply line
11. Grease traps
12. Environmental requirements
13. Plumbinq riser
Mechanical
1. Enerqy 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
(~as
1.
2.
3.
4.
5.
6.
7.
8.
9.
Gas pipinq
Ventin.q
Combustion
Chimneys and vents
Appliances
Type of .qas
Fireplaces
LP tank location
Riser diagram/shut-offs
Demolition
1. Asbestos removal
Enpineerinq
1. Storm water drainage system and other requirements of the Engineering Division
Residential (One and Two-Family):
Building
1. Site requirements (and Section 104.2.4, Site Drav~nqs)
.set back/separation (assumed property lines)
.location of septic tanks
2. Fire resistant construction (if required)
S:~Develo~ment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc 1 'z
3. Fire
4. Smoke detector locations
5. Eqress
ee.qress window size and location
· stairs construction requirements
6. Structural requirements shall include:
· wall section from foundation through roof,
· including assembly and materials
· connector tables
· wind requirements
· structural calculations (if required)
· elevator support and attachment
7. Accessibility requirements:
· show/identify accessible bath
8. Electrical requirements shall include:
· electric service riser with wire sizes, conduit detail and grounding detail.
· complete load calculations
· panel schedules
· service equipment and panel locations
9. Plumbinq requirements shall include:
· minimum plumbing facilities
· fixture requirements
· water SUDDIV DiDinq
· sanitary drainage
· water heaters
events
· location of water supply lines
· plumbing riser
· roof drainage (if applicable)
· .qas appliance location and pipin.q dia,qram; tank location (LP)
10. Mechanical requirements shall include: · ener,qy calculations
· exhaust systems; clothes dryer & kitchen equipment exhaust
.equipment
· equipment location
· make up air
· roof mounted equipment
· duct systems
.ventilations
· combustion air
· chimneys, fireplaces and vents
.appliances
· bathroom ventilation
11. Enqineerin.q requirements shall include:
· A engineered storm water drainage plan
104.3.2 AFFIDAVITS. D, ....... * *" *~'" prcv!s!C,ns ~'* Chapter A~ = =, ,~,~, ~,,,,,~;.,g ,,m,.~.,[ ....
S:~Develooment~ORDINANCES & AMENDMENTS~O01 Administrative Code Exhibit A.doc 1 d
comp!J3nce ,.,i+~, 2!! pro,;~s:cns ''~ ,k,. ,,.,.~,......i ..,.,~ .... .~ ,.+h.,. . ............. The
...... · ' _ .............................. pe."t.i.".e.".t I~':~ or '""~ ......
building official may accept a sworn affidavit from a registered architect or eng neer statinq 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 eqress, type of construction and general arrangement
and, if accompanied by drawings, show the structural design and that the plans and desiqn conform
to the requirements of the technical codes as to stren.qth, stresses, strains, loads and stability. The
buildinq 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,
.qas, mechanical or plumbing systems a certification that the structure, electrical, gas mechanical or
plumbinq 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 conductinq plans review is qualified
as a plans examiner under Part XII of Chapter 468, FIodda Statutes, and that any person conducting
inspections is qualified as a building inspector under Part X]I of Chapter 468, Florida Statutes
104.4 ISSUING PER.TS
104.4.1 ACTION ON PERMITS. The building official shall act upon an application for a permit
without unreasonable or unnecessary delay. If the building official is satisfied that the work
described in an application for a permit and the contract documents filed therewith conform to the
requirements of the technical codes and other pertinent laws and ordinances, he shall issue a permit
to the applicant.
104.4.1.1 When authorized through contractual agreement with the School Board of Palm Beach
County, in acting on applications for permits, the building official shall clive first priority to any
applications for the construction of, or addition or renovation to, any school or educational facility.
104.4.1.2 If a state university, state community 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 insure compliance with the code.
104.4.1.3 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 aqency 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 enqineer
registered under chapter 471, Florida Statutes:
1. Electrical documents for any new building or addition which requires an aggreqate service
capacity of 600 amperes (240 volts) or more on a residential electrical system or 800 amperes
(240 volts) or more on a commercial or industrial electrical system and which costs more than
$50,000.
2. Plumbing documents for any new building or addition which requires a plumbing system with
more than 250 fixture units or which costs more than $50,000.
3. Fire sprinkler documents for any new building or addition, which includes a fire sprinkler
system which contains 50 or more sprinkler heads. A Contractor I, Contractor II, or Contractor
IV, certified under Section 633.521, may design a fire sprinkler system of 49 or fewer heads and
may design alteration of an existing fire sprinkler system if the alteration consists of the
relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the
existing fire sprinkler system.
4. Heatinq, ventilation, and air-conditioning documents for any new buildinq or addition which
requires more than a 15-ton-per-system capacity which is designed to accommodate 100 or
more persons or for which the system costs more than $50,000. This paragraph does not
include any document for the replacement of repair of an existinq system in which the work does
S:~Develoi~rnent~ORDINANCES & AMENDMENTS~O01 Administrative Code Exhibit A.doc 1 ~
not require alterin.q a structural part of the buildinq or for work on a residential one-family, two-
family, three-family or four-family structure.
An air conditioninq system may be desiqned by an installinq air-conditioning contractor certified
under Chapter 489, Florida Statutes, to serve any buildinq or addition which is desiqned to
accommodate fewer than 100 persons and requires an air-conditioning system with value of
$50,000 or less; and when a 15-tonoper-system or less is designed for a singular space of a buildinq
and 15-ton system or less has an independent duct system. Systems not complying with the above
require design documents that are to be sealed bya professional engineer.
Example 1: When a space has two 10-ton systems with each havinq an independent duct
system, the contractor may desi.qn these two systems since each unit (system is less than 15 tons).
Example 2: Consider a small single story office buildinq, which consists of six individual offices
where each office has a sinqle three-ton package air conditioning heat pump. The six heat pumps
are connected to a sinqle water-cooling tower. The cost of the entire heatinq, ventilation and air
conditioning work is $47,000 and the office building accommodates fewer than 100 persons.
Because the six mechanical units are connected to a common water tower this is considered to be
an 18-ton system. It therefore could not be desiqned by a mechanical or air conditioninq contractor.
5. Any specialized mechanical, electrical, or plumbing document for any new building or addition
which includes a medical qas, oxy.qen, steam, vacuum, toxic air filtration, halon, orfire 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 enqineer
who possesses a valid certificate of registration has siqned, dated, and stamped such document as
provided in Section 471.025 Florida Statutes.
104.4.1.4 An enforcing authority may not issue a building permit for any building construction,
erection, alteration, modification, repair or addition unless the permit either includeson its face or
there is attached to the permit the followinq 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 plannin.q, zoning, water management districts, state agencies, or federal aqencies."
104.4.1.5 A building permit for sinqle-family residential dwellin.q 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 Buildinq Code or the enforcinq
agency's laws or ordinances.
104.4.2 REFUSAL TO ISSUE PERMIT. If the application for a permit and the accompanying
contract documents describing the work do not conform to the requirements of the technical codes
or other pertinent laws or ordinances, the building official shall not issue a permit, but shall retum the
contract documents to the applicant with the refusal to issue such permit. Such refusal shall, when
r~quested, be in writing and shall contain the reason for refusal.
104.4.2.1 IDEANTIFICATION OF MINIMUM PREMIUM POLICY. Except as otherwise provided in
Chapter 440, Workers' Compensation, every employer shall, as a condition to receivinq a building
permit, show proof that it has secured compensation for its employees as provided in Sections
440.10 and 440.38, Florida Statutes.
104.4.3 SPECIAL FOUNDATION PERMIT. When application for permit to erect or enlarge a
building has been filed and pending issuance of such permit, the building official may, at his
discretion, issue a special permit for the foundation only. The holder of such a special permit is
proceeding at his or her own risk and without assurance that a permit for the remainder of the work
will be granted nor that corrections will not be required in order to meet provisions of the technical
codes.
S:~)evelol~ment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc 1 [;
104.4.4 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 laP, e way, or for the placing on any lot or premises of any
building or structure removed from another lot or premises, unless the applicant has made
application at the office of the agency having jurisdiction for the lines of the public street on which he
proposes to build, erect or locate said building; and it shall be the duty of the building official to see
that the street lines are not encroached upon except as otherwise permitted by the agency or
provided for in Chapter 32.
104.5 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 or local rules and regulations concerning licensing and inspections which the
applicable governing authority may have adopted.
104.5.1 RESIDENTIAL OWNER/BUILDER. Pursuant to provisions of Chapter 489.503, Florida
Statutes, a sole owner may make application for permit and supervise the work in connection with
the construction, maintenance, alterations, or repairs of a single family or duplex 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 12-month period shall be construed as contracting and,
such owner shall then be required to be licensed as a contractor.
104.5.1.1 ASBESTOS REMOVAL. Movinq, removal or disposal of asbestos-containinq materials
on a residential buildin.q where the owner occupies the buildin.q, the buildin.q is not for sale or lease,
and the work is performed accordin.q to the owner-builder limitations provided in this para.qraph. To
qualify for exemption under this para.qraph, an owner must personally appear and siqn the buildinq
permit application. The permittin.q a.qency shall provide the person with a disclosure statement in
substantially the followin.q 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 the property, to
act as your own asbestos abatement contractor even thou.qh you do not have a license. You must
supervise the construction yourself. You may move, remove or dispose of asbestos-containinq
materials on a residential buildin.q where you occupy the buildinq and the buildin.q is not for sale or
lease, or the buildin.q is a farm outbuildin.q on your property. If yourself or lease such buildinq within
One year after the asbestos abatement is complete, the law will presume that you intended to sell or
lease the property at the time the work was done, which is a violation of this exemption. You may not
hire an unlicensed person as your contractor. Your work must be done accordin.q to all local, state
and federal laws and re.qulations that apply to asbestos abatement proiects. It is your responsibility
to make sure that people employed by you have licenses required by state law and by county or
municipal licensinq ordinances.
104.5.2 NON-RESIDENTIAL OWNER/BUILDER. An owner of any building may make application
for a building permit for work not involving structural elements, life safety, or fire protection, in a
building that is for his/her OWN USE AND OCCUPANCY, and wherein the work does not exceed
$5,000 in value, and the total project value including the value of sub-contract work does not exceed
a maximum of $25,000 within any 12-month period. Contractors currentlylicensed and insured in
their respective field shall obtain all sub-permits.
104.6 CONDITIONS OF THE PERMIT
104.6.1 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
S:~Develoi~ment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc 1 '7
become invalid unless the work authorized by such permit is commenced within six months after its
issuance, or if the work authorized by such permit is suspended or abandoned for a period of six
months after the time the work is commenced. One or more extensions of time, for pedods not more
than 90 days each, may be allowed for the permit. The extension shall be requested in writing and
justifiable cause demonstrated. Extensions shall be in writing by the building official.
104.6.1.1 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 covednq the proposed construction shall
be obtained before proceedin.q with the work.
104.6.1.2 If a new permit is not obtained within 90 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 buildinq site. Orders of removal are appealable to the Construction
Board of Adiustments and Appeals within 30 days of receipt of the order. The power to order
removal of unpermitted work is supplemental to the power to demolish unsafe structures under
Section 103.5 of this section, as well as the power to seek iniunctive relief, as provided for in Section
553.83, Florida Statutes. 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.
104.6.1.3 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 iudicial iniunction, order or
similar process.
104.6.1.4 The fee for renewal re-issuance and extension of a permit shall be set forth by the
administrative authority.
104.6.2 PERMIT ISSUED ON BASIS OF AN AFFIDAVIT. Whenever a permit is issued in reliance
upon an affidavit or whenever the work to be covered by a permit involves installation under
conditions which, in the opinion of the building official, are hazardous or complex, the building official
shall require that the architect or engineer who signed the affidavit or prepared the drawings or
computations shall inspect such work, pursuant to the provisions of Chapter 468, Florida Statutes.
In addition, they shall be responsible for conformity with the permit, provide copies of inspection
reports as inspections are performed, and upon completion make and file with the building official
written affidavit that the work has been done in conformity with the reviewed plans and with the
structural provisions of the technical codes. In the event such architect or engineer is not available,
the owner shall employ instead a competent person or agency whose qualifications are reviewed by
the building official. Any person conducting plan review or inspection shall be licensed accordinq to
Chapter 468, Florida Statutes.
104.6.3 PLANS. When the building official issues a permit, he shall endorse, in wdting or by stamp,
both sets of plans "Reviewed for Code Compliance." The building official shall retain one set of
drawings so reviewed and the other set shall be returned to the applicant. The permit drawings shall
be kept at the site of work and shall be open to inspection bythe building official or an authorized
representative.
104.7 FEES
104.7.1 PRESCRIBED FEES. A permit shall not be issued until all fees prescribed in Section 104.7
inclusive have been paid.
104.7.2 PERMIT FEES. For construction that includes building systems, structures, electrical
systems, plumbing systems, mechanical systems, gas systems or other systems involving site
improvements that require a permit, a permit fee and, where applicable, other fees will be
established. These fees will be required to be paid bythe applicant b¢fc;c thc pcrm!t :'.'!!! bc !scucd
prior to permit issuance. The basis for determining the permit fee is established by City resolution.
S:~Develoi~ment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc 1 Q
The City resolution document titled Fees for Land Development Related Activities contains the factor
used to determine the permit fee. This factor is identified in the category-titled Building and
Construction Permits. The d¢l!~r ~mcunt cost of the permit fee is established by multiplying the
th,- ,,~.-,,~--~ ~, ,~,,-,,"~*,--~ ~,',- permit application by the permit
value of the construction that is shown on ....,, .... ,.,, ..............
fee factor. Permit fees are not refundable. City resolutions are ratified by the City Commission and
periodically may be amended pursuant to the code, ordinances or regulations that are used to
establish a resolution.
104.7.3 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,
Fire Department fees, 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 collects 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).
104.7.4 PLAN FILING FEE. A plan-filing fee shall be paid at the time of filing a permit application.
The plan-filing fee is part of the permit fee and is deducted from the total amount of the permit fee.
The dollar amount of the plan-filing fee is determined by multiplying the estimated dollar value of the
construction that is specified~y *~'",, ,~ ~'- pp~,"~,"*,,~, ,. ~,'""', *~"~., ,~ permlt ~,..,..,,~.,~,'-'-'"'~""*~'"", by the permit fee factor and
then multiplies that total dollar amount by30 percent. The plan-filing fee is not refundable.
104.7.5 WORK COMMENCING BEFORE PERMIT ISSUANCE. Any person who starts work that
requires a permit before obtaining the necessary permit(s) 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.
104.7.6 PERMIT REVISION AND REVISION FEES. When the applicant changes the construction
from what was illustrated on the permitted plans, or is advised by the building official to revise plans,
he/she shall complete a permit revision application form and submit two sets of revised drawings
that depict the proposed change(s). ~ Upon city approval of the revised ..... ..~, u;,-,,-.,.,, '~ ..-..,,rtr~winc~,=-
and receipt of the applicant paying the appropriate permit revision fee, a permit revision will be
issued. The permit revision will allow the construction th:t !~ ccccc!:ted '::!th thc permit to continue.
The dollar amount of the permit revision fee is established by multiplying the total dollar value of the
revised construction that is identified by the applicant on the permit revision application by the permit
fee factor. The total permit revision fee is not refundable and *~--,,,,~ *,',*--~,..,,,~, ,,~, ,,,,,~*, ~.,,,~,,;-;'"" fee ;o due at
the time the permit revision application is submitted. Final inspection cpprcv~! shall not be ~
approved for any pcrm!t thct hcs work when a permit revision that has not been issued.
104.7.7 ACCOUNTING. The building official shall keep a permanent and accurate accounting of all
permit fees and other monies collected for a permit. The names of persons upon whose account the
permit was paid, along with the date and amount thereof, will be on record.
1~4.7.8 BUILDING PERI,IT VALUATIONS
104.7.8.1 VALUE OF CONSTRUCTION. The dollar amount of a permit fee is based on the value of
the construction multiplied by the permit fee factor. The value of construction is the total dollar value
of the following elements: value of work associated with structural, electrical, plumbing, mechanical,
interior finishes, normal site preparation, paving, drainaqe, landscape, irrigation (excavation and
backfill for the building); fees for architecture and design services; the total of overhead and profit.
104.7.8.2 DETERMINING VALUE OF CONSTRUCTION. The value of construction is the total dollar
value of all construction proposed with a request for permit. The value of construction for new
buildings and/or additions to existing buildings that increase the floor area ~,'~-~,-. ..... .-..'~""",= ,,~,~.""+"';"'.~.
.... . .... ,~,~ .... ~,-,-', shall be determined by using the higher value between the two following
computed values of construction - the value established by using the current SBCCI Building
Valuation Data chart for average construction or the value that is established by the applicant's
S:~Develor~rnent~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc ! 0
estimate. The applicant's value of construction shall be specified on the permit application. The
value of construction for improvements that-ar-e not considered new buildings and/or additions to
existing buildings shall be the value of construction that !s established by the applicant's estimam
actual cost. The applicant's value cost of construction shall be specified on the permit application.
The value of construction for improvements not listed or identified in section 104.7.8.1 such as, but
not limited to, site clearing and grubbing, drainage, site excavation, site fill, irrigation, landscaping,
paving, sign, site lighting and special structural, electrical, plumbing and mechanical systems shall
be the value of construction that is established by the applicant's estimate. The applicant's value of
construction shall be specified on the permit application. The value of construction for all
improvements shown on the plans submitted for permit(s) shall b~ !nc!'.:'d~d !n d~t~rm!n!ng
determine the total permit fee. In all cases, the value of construction estimated by the applicant shall
include the dollar value of all the elements listed in Section 104.7.8.1. The SBCCI Building
Valuation Data is based on the elements listed in Section 104.7.8.1.
104.7.8.3 APPLYING THE SBCCl VALUATION OF CONSTRUCTION. The SBCCI Building
Valuation Data chart is produced twice a year and publ!~h~d !n th~ dcc'Jm~nt ~nt!t!~d Sc'Jth~rn
~,,a,~;,,,, To determine the value of construction using the SBCCI Building Valuation Data chart,
apply the following: find on the chart the Occupancy Classification and Type of Construction that
matches that which is identified on the at~eceve~ plans submitted for permit, take the average per
foot value for the appropriate occupancy classification and type of construction, and multiply that
dollar value by the regional modifier for Florida and then multiply that total squar: fcct ':al'--'= by the
gross floor area of the building. To determine the value of construction for residential occupancy
classifications, apply 100% of the average per foot value for the gross floor area of living space,
apply 50% of the average per foot value for the gross floor area of garages and other areas as
determined by the building official or his/her designee and apply 25% of the average per foot value
for gross floor area of opened roofed area. The building valuation data chart includes values for
unfinished basements, fire sprinklers, elevators and, where applicable, they shall be added to the
other values to determine the total value of construction. For special occupancy classifications not
listed in the SBCCI Valuation Chart, the value of construction shall be based on the cost estimate
that the applicant specifies on the permit application.
104.7.8.4 VALUATION. If, in the opinion of the building official and/or the building official's
dcc!gnct:d, ........ ~,.., ~v,,, ,,,.,,,*"*;'"~.~ designee,, there is a question regarding the valuation of the construction
that the applicant ~ specified on the permit application, the permit shall be denied uP, less
until the applicant c.~n provides written detailed estimates, and/or a bona fide signed contract for the
proposed improvements. The detailed estimates and/or bona tide signed contract shall meet-the
........ ' "~ be approved by the building official and/or the building official's designee.
~..~... v. ~. v.
104.7.8.5 VALUATION ALTERNATIVES. The building official may consider alternative valuations
prepared by an independent expert only when accompanied by proper certification that the values
include all elements defined on the plans submitted for permit.
104.7.8.6 REFUNDS. Refunds may be granted only for the other fees that are collected in
conjunction with issuing a permit. See Section 104.7.3 for a description of other fees. Contact the
building official or his/her designated representative for the procedures that are required to be
followed to request a refund.
105 INSPECTIONS
105.1 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 The buildin.q
official shall inspect all buildings, structures, electrical, gas, mechanical and plumbing systems, from
time to time, during and upon completion of the work for which a permit was issued. He The
buildinq official shall make a record of every such examination and inspection and of all violations of
the technical codes.
S:~Development~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc ~
NOTE: Refer Chapter 34, Florida Building Code, for additional information on existing buildings.
105.2 MANUFACTURERS AND FABRICATORS
When deemed necessary by the building official, he the buildinq official 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.
105.3 RESIDENT INSPECTION SERVI~,~-
The building official may make, or cause to be made, the inspections required by 105, in accordance
with provisions of Chapter 468, Florida Statutes. He The building official may accept reports of
inspectors of recognized inspection services, provided that after investigation he 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. The building official may
require the owner to employ an inspection service in the following instances:
1. For buildings or additions of Type I or Type II construction
2. For all major structural alterations, structural steel, and voided connections
3. Where the concrete design is based on compressive strength (f'c) in excess of 3,000
pounds per square inch
4. For pile driving
5. For buildings with area greater than 20,000 square feet
6. For buildings more than two stories in height
7. For buildings and structures of unusual design or methods of construction
Such inspector shall be present at all times that work is in progress on the structural fame. Such
inspector shall be a registered architect, or engineer, or other person or agency whose qualifications
are reviewed by the building official and meets with Requirements 468, Florida Statutes. He The
inspector shall be responsible for compliance with the codes, laws, ordinances, rules and
regulations and shall submit weekly progress reports of the daily inspections to the building official.
At the completion of the construction work or project, such inspector or service shall submit a
certificate of compliance to the building official, stating that the construction work is in compliance
with the codes, laws, ordinances, rules and regulations and in accordance with the permitted
drawing. The building official or his/her designee shall make final inspection before a Certificate of
Occupancy or Certificate of Completion is issued.
105.3.1 THRESHOLD BUILDINGS. The enforcinq 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 buildin.q permit for the construction of a threshold
buildin.q. The purpose of the structural inspection plans is to provide specific inspection procedures
S:~Develo~ment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc ') 1
and schedules so that the buildinq can be adequately inspected for compliance witl~ the permitted
documents.
105.3.2 The special inspector shall inspect the shorinq and re-shorinq for conformance to the
shoring and re-shoring plans submitted to the enforcing agency. A fee simple title owner of a
building which does not meet the minimum size, heiqht, occupancy, occupancy classification or
number-of-stories criteria which would result in classit~ca[ion as a threshold building under Section
553.71(7), Florida Statutes, may designate such buildinq as a threshold buildinq, subiect to more
than the minimum number of inspections required by the Florida Building Code, Building.
105.3.3 The fee owner of a threshold buildinq 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 4711 Florida Statutes, as an
engineer or under Chapter 481, Florida Statutes, as an architect, to conduct inspections of threshold
buildings.
105.3.4 Each enforcement aqency shall require that, on e~ry threshold buildinq:
105.3.4.1 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 Ioad-bearinq components complies with the permitted documents, and
the shorinq and re-shorinq conforms to the shorinq and re-shoring plans submitted to the
enforcement agency."
105.3.4.2 Any proposal to install an alternate structural product or system to which building codes
apply be submitted to the enforcement agency for review for compliance with the codes and made
part of the enforcement aqency's recorded set of permit documents.
105.3.4.3 All shorinq and re-shoring procedures, plans and details be submitted to the enforcement
agency for record keeping. Each shorinq and re-shorinq installation shall be supervised, inspected
and certified to be in compliance with the shorinq documents by the contractor.
105.3.4.4 All plans for the building which are required to be siqned and sealed by the architect or
engineer of record contain a statement that, to the best of the architect's or enqineer's knowledqe,
the plans and specifications comply with the applicable fire-safety standards as determined by the
local authority in accordance with this section and Section 633, Florida Statutes.
105.3.5 No enforcinq agency may issue a building permit for construction of any threshold buildinq
except to a licensed general contractor, as defined in Section 489.105(3)(a), Flodda Statutes, or to a
licensed building contractor, as defined in Section 489.105(3)(b), Florida Statutes, within the scope
of his or her 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 buildinq permit v~s issued.
105.3.6 The buildinq department may allow a special inspector to conduct the minimum structural
inspection of threshold buildinqs 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 conductinq inspections is qualified as a buildinq inspector under Part XII of Chapter
468, Florida Statutes, or certified as a special inspector under Chapter 471 or Chapter 481, Florida
Statutes. Inspections of threshold buildin.qs required by Section 553.79(5), Florida Statutes, are in
addition to the minimum inspections required bythis code.
S:~DeveloI~ment~ORDINANCES & AMENDMENTS~O01 Administrative Code Exhibit A. doc '~'~
105.4 INSPECTIONS PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY OR
COMPLETION
The building official shall inspect or cause to be inspected at various intervals all construction or
work for which a permit is required, and a final inspection shall be made of every building, structure,
electrical, gas, mechanical or plumbing system upon completion, prior to the issuance of the
Certificate of Occupancy or Completion. In performing inspections, the buildin.q official shall qive first
priority to inspections of the construction, addition or renovation to any facility owned or controlled by
a state university, state community colleqe, or public school district.*
105.5 POSTING OF PERMIT
Work requiring a permit shall not commence until the permit holder or agent posts the permit card in
a conspicuous place on the premises. The permit shall be protected from the weather and located in
such position as to permit the building official or representative to conveniently make the required
entries thereon. The permit holder shall maintain this permit card in such position until the Certificate
of Occupancy or Completion is issued by the building official.
· 105.6 REQUIRED INSPECTIONS
The building official, upon notification from the permit holder or agent, shall make the following
inspections and such other inspections as necessary, and shall either release that portion of the
construction or shall notify the permit holder oragent of any violations which must be corrected in
order to comply with the technical codes. The building official shall determine the timing and
sequencinq of when inspections occur and what elements are inspected at each inspection. The
building official shall have the authority to accept affidavits as proof of compliance.
Building
1. Foundation inspection: To be made after trenches are excavated and forms erected and
shall at a minimum include the following buildin.q components: .stem-wall
· monolithic slab-on-grade
· pilin.cl/pile caps
· footers/grade beams
2. Framin.q inspection: To be made after the roof, all framin.q, fire blocking and bracing is in
place, all concealing wirinq, all pipes, chimneys, ducts and vents are complete and shall at a
minimum include the following building components:
· window/door framing
· vertical cells/columns
· lintel/tie beams (including truss la,out drawings)
.framinq/trusses/bracin.q/connectors
· draft stoppinq/fire blockin.q, rated assemblies
· curtain wall framing
· ener.qy insulation
.accessibility
.drywall
3. Sheathin.q 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 DIIowin.q building components:
· roof sheathing
· wall sheathing
· sheathing fasteners
· roof/wall dry-in
4. Roofinq inspection: Shall at a minimum include the bllowin.q building components:
-dry-in
.insulation
· roof coverings
.flashing
5. Final inspection: After the buildinq is completed and readyfor occupancy.
S.'~Develo/~ment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc ')'~
6. Swimminq pool inspection:
· first inspection to be made after excavation and installation of reinforcing steel,
bonding and main drain and prior to placing of concrete
· perimeter plumbing
· pool deck (includinq soil reports as applicable, paver-type decks, or special
perimeter footinqs or deck features)
· final alarm/electrical inspection prior to illinq with water
· final inspection to be made when the swimming pool is complete and all required
enclosure requirements are in place
· final Gas (if applicable)
7. Storm Shutter Inspection
· to ensure compliance to Section 1606.1.4
8. Demolition Inspections:
· first inspection to be made after all utility connections have been disconnected and
secured in such manner that no unsafe or unsanitary condition shall exit during or
after demolition operations.
· final inspection to be made after all demolition work is completed.
Electrical
1. Underground inspection: To be made after trenches or ditches are excavated, conduit or
cable installed, and before any backfill is put in place.
2. Rou.qh-ln inspection: To be made after the roof, framing, fire blocking and bracing is in
place and prior to the installation of wall or ceiling membranes.
3. Low Voltage: To be made for security, alarm, elevator, and special uses priorto being
covered from view.
4. Final inspection: To be made after the building is complete, all required electrical fixtures
are in place and properly connected or protected, and the structure is ready for occupancy.
Plumbin.q
1. Underqround inspection: To be made after trenches or ditches are excavated, pioin_q
installed, and before any backfill is put in place.
2. Rou.clh-ln inspection: To be made after the roof, framing, fire blocking and bracing is in
place and all soil, waste and vent pipinq is complete, and prior to this installation of wall or
ceiling membranes.
3. Final inspection: To be made after the building is complete, all plumbing lxtures are in
place and properly connected, and the structure is readyfor occupancy.
Note: See Section 312 of the Florida Buildinq Code, Plumbing, f~r required tests.
Mechanical
1. Underground inspection: To be made after trenches or ditches are excavated,
under.qround duct and fuel piping installed, and before any backfill is put in place.
2. Rou.clh-ln inspection: To be made after the roof framing, fire blocking and bracing are in
place and all ductin.q, and other concealed components are complete, and prior to the
installation of wall or ceilin,q 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 readyfor occupancy.
Gas
1. Rouc~h piDin.q inspection: To be made after all new pipinq authorized by the permit has
been installed, and before any such piping has been covered or concealed or any fixtures or
qas 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 existinq systems as may be affected by new work or any chancles, to insure
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.
S:~DeveloI~rnent~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc ~) ~t
105.7 WRI'n'EN RELEASE
Work shall not be done on any part of a building, structure, electrical, gas, mechanical or plumbing
system beyond the point indicated in each successive inspection without first obtaining a written
release from the building official. Such written release shall be given only after an inspection has
been made of each successive step in the construction or installation as indicated byeach of the
foregoing inspections.
105.8 REINFORCING STEEL AND STRUCTURAL FRAMES
Reinforcing steel or structural framework of any part of any building or structure shall not be covered
or concealed without first obtaining a release from the building official. Certification of weld and
bolted connection shall be submitted to the buildinq oficial.
105.9 PLASTER FIRE PROTECTION
In all buildings where plaster is used for fire protection purposes, the permit holder or agent shall
notify the building official after all lathing and backing is in place. Plaster shall not be applied until
the release from the building official has been received.
105.10 FIRE RESISTANT JOINTS AND PENETRATIONS
The protection of joints and penetrations in required fire resistive construction assemblies shall not
be covered or concealed from view without first obtaining a release from the building official.
105.10.1 TERMITES. Buildin.q components and buildin,q surroundin.qs required to be protected from
termite damage in accordance with 1503.4.4, 1804.6.2.7, 1916.7.5, 2303, 2304 or 2603.3,
specifically required to be inspected for termites in accordance with 1816 shall not be covered or
concealed until the release from the buildin.q official has been received.
105.11 FAILURE TO OBTAIN REQUIRED INSPECTIONS
The permit applicant's failure to obtain required inspections may necessitate uncovering concealed
work to facilitate inspection. The cost of testing, certification or additional fees shall be born by the
applicant. In addition, the building official may refuse to issue a building permit or issue a permit with
specific conditions if the local Building Board of Adjustment and Appeals, through a public hearing
which affords due process, has found the contractor guilty of a willful building code violation, fraud or
disregard for inspection requirements.
105.12 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 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. Accordin.qly, developers, contractors
and owners of all new residential development, includinq additions, pools, patios, driveways, decks
or similar items, on existin.q properties resultinq in a decrease in excess of 800 square feet of
permeable land area on any parcel shall, as a permit condition, provide a professionally prepared
drainaqe plan clearly indicatinq compliance with this para.qraph. Upon completion of the
improvement, a certification from a licensed en.qineer shall be submitted to the inspector in order to
receive approval of the final inspection.
106 CERTIFICATES
106.1 CERTIFICATE OF OCCUPANCY
106.1.1 BUILDING OCCUPANCY. A new building shall not be occupied or a change made in the
occupancy, nature or use of a building or part of a building until after the building official has issued
a Certificate of Occupancy. Said certificate shall not be issued until all required electrical, gas,
S:~Develo~ment~ORDINANCES & AMENDMENTS~O01 Administrative Code Exhibit A.doc ') ~
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.
106.1.2 ISSUING CERTIFICATE OF OCCUPANCY. Upon satisfactory completion of construction of
a building or structure and installation of electrical, gas, mechanical and plumbing systems in
accordance with the technical codes, reviewed plans and specifications, and after the final
inspection, the building official shall issue a Certificate of Occupancy stating the nature of the
occupancy permitted, the number of persons for each floor when limited by law, and the allowable
load per square foot for each floor in accordance with the provisions of this code.
106.1.3 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 shall have the
authority, once all life safety issues have been complied with, to require 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 City retains the right to have the applicant surrender the cash
surety. The City 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.
106.2 CERTIFICATE OF COMPLETION
Upon satisfactory completion of a building, structure, electrical, gas, mechanical or plumbing
system, a Certificate of Completion may be issued. This certificate is proof that a structure or system
is complete and for certain types of permits is released for use and may be connected to a utility
system. This certificate does not grant authority to occupy or connect a building, such as a shell
building, prior to the issuance of a Certificate of Occupancy.
106.3 SERVICE UTILITIES
106.3.1 CONNECTION OF SERVICE UTILITIES. No person shall make connections from a utility,
source of energy, fuel or power to any building or system which is regulated by the technical codes
for which a permit is required, until released by the building official and a Certificate of Occupancy or
Completion is issued. The servicing utility company shall not connect the power supply until notified
by the building official.
106.3.2 TEMPORARY CONNECTION. The building official may authorize the temporary connection
of the building or system to the utility source of energy, fuel or power for the purpose of testing
building service systems or for use under a temporary Certificate of Occupancy.
106.3.3 AUTHORITY TO DISCONNECT SERVICE UTILITIES. The building official shall have the
authority to authorize disconnection of utility service to the building, structure or system regulated by
the technical codes, in case of emergency where necessary to eliminate an immediate hazard to life,
e¢ property, or unsafe condition. The building official shall notify the serving utility and, whenever
possible, the owner and occupant of the building, structure or service system of the decision to
disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of
the building, structure or service system shall be notified in writing, as soon as practical thereafter.
106.4 POSTING FLOOR LOADS
106.4.1 OCCUPANCY. An existing or new building shall not be occupied for any purpose that will
cause the floors thereof to be loaded beyond their safe capacity. The building official may permit
occupancy of a building for mercantile, commercial or industrial purposes, by a specific business,
when he/she is satisfied that such capacity will not thereby be exceeded.
S:~Develoi~ment~ORDINANCES & AMENDMENTSt2001 Administrative Code Exhibit A.doc
106.4.2 STORAGE AND FACTORY-INDUSTRIAL OCCUPANCIES. It shall be the responsibility of
the owner, agent, proprietor or occupant of Group S and Group F occupancies, or any occupancy
where excessive floor loading is likely to occur, to employ a competent architect or engineer in
computing the safe load capacity. All such computations shall be accompanied by an affidavit from
the architect or engineer stating the safe allowable floor load on each floor in pounds per square foot
uniformly distributed. The computations and affidavit shall be filed as a permanent record of the
building division.
106.4.3 SIGNS REQUIRED. In every building or part of a building used for storage, industrial or
hazardous purposes, the safe floor loads, as reviewed by the building official on the plan, shall be
marked on plates of approved design which shall be supplied and securely affixed by the owner of
the building in a conspicuous place in each story to which they relate. Such plates shall not be
removed or defaced, and if lost, removed or defaced, shall be replaced by the owner of the building.
107 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.
108 BUILDING BOARD OF ADJUSTMENT AND APPEALS
108.1 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.
108.2 MEMBERSHIP AND TERMS
108.2.1 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 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 membershall not act in a case
in which he has a personal or financial interest.
108.2.2 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. Continuedabsence of any member from required
meetings of the board shall, at the discretion of the applicable governing body, render any such
member subject to immediate remo~el from office.
108.2.3 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.
108.2.4 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.
S:~Develoi~ment~ORDINANCES & AMENDMENTSt2001 Administrative Code Exhibit A.doc ')'1
108.3 POWERS
The Building Board of Adjustments and Appeals shall have the power, as further defined in 108.4, to
hear appeals of decisions and interpretations of the building official and consider variances of the
technical codes.
108.4 APPEALS
108.4.1 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.
4. The true intent and meaning of this code or any of the regulations thereunder have been
misconstrued or incorrectly interpreted.
108.4.2 VARIANCES. The Building Board of Adjustments and Appeals, when 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 fnds 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 se~ce system.
4. That the variance granted is the minimum variance that will make possible the reasonable
use of the building, structure or se~ce 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.
108.4.2.1 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.
108.4.3 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.
108.4.4 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.
108.5 PROCEDURES OF THE BOARD
108.5.1 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.
S:~DeveloDment[ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc '~ ~Z
108.5.2 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.
109 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.
110 VIOLATIONS AND PENALTIES
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 City of Boynton Beach from
imposing fines, liens, or seek injunction relief, or exercising other enforcement powers as permitted
by law.
S:~Develoi~ment~ORDINANCES & AMENDMENTS~2001 Administrative Code Exhibit A.doc ~0