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06-084 II . 1 2 3 4 5 6 7 8, 9 10: 11 12 13 14 15 16 ORDINANCE NO. 06- 08'4 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 2004 FLORIDA BUILDING 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 17 adopt amendments to the administrative provisions of the Florida Building Code, subject to 18 the limitations in said statute; and 19 WHEREAS, previously on November I, 2005, the City Commission adopted 20 Administrative Amendments to the 2004 Florida Building Code, Gas Mechanical and 21 Plumbing Codes, 2004 Edition, and the 2002 National Electric Code; and 22 WHEREAS, the City Commission hereby adopts the revisions to the Administrative 23 Amendments to the 2004 Florida Building Code, as previously adopted by the City 24 Commission on November I, 2005, such revisions are attached hereto as Exhibit "A", and 25 incorporated herein by reference; and 26 WHEREAS, the Administrative Amendments to the Gas, Mechanical and Pluming 27 Codes, 2004 Edition, and the 2002 National Electric Code, adopted on November I, 2005, are 28 to remain unchanged as adopted by the City Commission; and 29 WHEREAS, such amendments must be transmitted to the State within 30 days after 30 enactment of the amendments. 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLK 1 F\Amendments to Building Code (2004)(2006 Revision) (2).doc II 1:: THE CITY OF BOYNTON BEACH, FLORIDA, THAT: " 2 Section 1. The foregoing whereas clauses are true and correct and are now ratified 3 and confirmed by the City Commission. 4 Section 2. That the Boynton Beach Administrative Amendments to the 2004 5 Florida Building Code, are hereby amended by adopting those provisions contained in Exhibit 6 "A", which is attached hereto and incorporated herein by reference. 7 Section 3. That ordinances or parts of ordinances in conflict herewith be and the 8 same are hereby repealed, provided that in the event of a conflict with respect to the 9 administration of the building codes, existing administrative laws or rules of the City shall 10 control. 11 Section 4. Should any section or provIsIOn of this Ordinance or any portion 12 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 13 affect the remainder of this Ordinance. 14 Section 5. Authority is hereby given to codify this Ordinance. 15 Section 6. This Ordinance shall become effective immediately. 16 17 FIRST READING this 2L day of DeroBE. R ,2006. 18 C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKIF\Amendments to Building Code (2004)(2006 Revision) (2).doc II SECOND, FINAL READING AND PASSAGE this n day of OCT. ,2006. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ATTEST: "~\M 22 III. 231" Ci Clerk 24: ' ii 25: : 26" 27 28 29 ~ CITY OF BOYNTON BEACH, FLORIDA j /.// ~sslOne L.-- ,- .. t Commissioner - / C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKIF\Amendments to Building Code (2004)(2006 Revision) (2).doc BOYNTON BEACH ADMINISTRATIVE AMENDMENTS to the 2004 FLORIDA BUILDING CODE ORDINANCE NO. 06-084 EFFECTIVE OCTOBER 27, 2006 BEGINNING WITH PERMIT NO. 06-7034 Supersedes Administrative Amendments Ordinance No. 05-063/Effective Nov. 1,2005 City of Boynton Beach Department of Development . Building Division 100 East Boynton Beach Blvd. PO Box 310 Boynton Beach, Florida 33425-0310 (561) 742-6350 FAX (561) 742-6357 TABLE OF CONTENTS ADMINISTRATIVE CODE (Applies to all Construction Codes) CHAPTER 1 ADMINISTRATION SECTION Page SECTION 101 GENERAL 3 102 APPLICABILITY 5 103 BUILDING DIVISION 9 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 11 105 PERMITS 16 106 CONSTRUCTION DOCUMENTS 27 107 TEMPORARY STRUCTURES AND USES 38 108 FEES 39 109 INSPECTIONS 43 110 CERTIFICATES AND BUILDING USE 53 111 TESTS 56 112 BUILDING BOARD OF ADJUSTMENT & APPEALS 56 113 SEVERABILITY 59 114 STOP WORK 60 115 Reserved 60 116 WIND LOADS 60 PROJECTED WIND ZONES MAP 61 Explanation for code changes i-iv 2 SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Florida Building Code, hereinafter referred to as "this code." 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exceptions: 1. Detached one and two-family dwellings and multiple single- family dwellings (town houses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Florida Building Code, Residential. 2. Existing buildings undergoing repair, alterations or addition and change of occupancy shall comply with the Florida Building Code, Existing Building. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. 101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. 101.3.2 Permitting and inspection. The permitting or inspection of any building, system or plan by this jurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. This jurisdiction shall not be liable in tort for damages or hazardous or illegal condition 3 or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. Further, no Building Department employee shall be liable in tort for damages from such conditions, in accordance with Section 768.28(9)(a), Florida Statutes, as may be amended. 101.4 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 prevail. Permissive and advisory provisions in a standard shall not be construed as mandatory. The Land Development Regulations of the Boynton Beach Code of Ordinances as adopted by Ordinance 95-02 shall set forth additional construction standards. 101.4.1 Electrical. The provisions of Chapter 27 of the Florida Building Code, Building shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.2 Gas. The provisions of the Florida Building Code, Fuel Gas shall apply to the installation of gas piping from the pOint of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.3 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. 101.4.4 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. 4 101.4.5 Reserved. 101.4.6 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or pUblic welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.7 Energy. The provisions of Chapter 13 of the Florida Building Code, Building shall apply to all matters governing the design and construction of buildings for energy efficiency. 101.4.8 Accessibility. For provisions related to accessibility, refer to Chapter 11 of the Florida Building Code, Building. 101.4.9 Existing Buildings. For provisions relating to existing buildings and structures see the Florida Building Code, Existing Building. 101.4.10 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. SECTION 102 APPLICABILITY 102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 5 102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design, construction, erection, alteration, modification, repair or demolition of public or private buildings, structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally, a local code enforcement agency may not administer or enforce the Florida Building Code, Building to prevent the siting of any pUblicly owned facility, including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community colleges, or public education facilities, as provided by law. In addition to the requirements of this code, there may be regulations by other agencies affecting details of development, building design and construction. 102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all existing buildings and structures shall comply with the provisions provided in The Florida Building Code, Existing Building. The following buildings, structures and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: (a) Building and structures specifically regulated and preempted by the federal government. (b) Railroads and ancillary facilities associated with the railroad. (c) Nonresidential farm buildings on farms. Cd) Temporary buildings or sheds used exclusively for construction purposes. (e) Mobile or modular structures used as temporary offices, except that the provisions of Part II, Section 553.501-553.513, Florida Statutes, relating to accessibility by persons with disabilities shall apply to such mobile or modular structures. Permits shall be required for structural support and tie down, electric supply and all utility connections. (f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity. 6 (g) Temporary sets, assemblies, or structures used in commercial motion picture or television production, or any sound-recording equipment used in such production, on or off the premises. (h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. 102.2.1 In addition to the requirements of Section 553.79 and 553.80, Florida Statutes, facilities subject to the provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, and the certification requirements of the federal government. 102.2.2 Buildings or structures for residential uses moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved, provided: 1. The building or structure is structurally sound for wind speed requirements of the new location and in occupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not changed as a result of the move; 3. The building is not substantially remodeled; 4. Current fire code requirements for ingress and egress are met; 5. Electrical, gas and plumbing systems meet the codes in force at the time of original construction and are operational and safe for reconnection; and 6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if required by the Florida Statutes for all buildings or structures of the residential occupancy class. 7 102.2.3 The building official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or structure to determine whether the moved structure is substantially remodeled. The cost of the foundation on which the moved building or structure is placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or structure has been substantially remodeled. 102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned buildings and boilers. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.5 Reserved. 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, or the Florida Fire Prevention Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. 102.7 Relocation of manufactured buildings. (1) Relocation of an existing manufactured building does not constitute an alteration. (2) A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the Florida Building Code (after March 1, 2002), 8 the wind speed map of the Florida Building Code shall be applicable. SECTION 103 BUILDING DIVISION 103.1 Establishment. There is hereby established a division to be called the building division and the person in charge shall be known as the building official. All code officials employed by the division shall be certified in accordance with Chapter 468, Part XII, Florida Statutes. 103.2 Employee qualifications 103.2.1 Building official's qualifications. The building official shall have at least ten years combined experience as an architect, engineer, construction code official, contractor or construction superintendent with at least five years of such experience in supervisory positions. The building official shall be certified as a building official or building code administrator by the State of Florida. 103.2.2 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, Plumbing, Residential, and Existing Building Codes. Each chief inspector shall have at least ten years combined experience as an architect, engineer, construction code official, contractor or construction superintendent with at least five years of such experience in supervisory positions. 103.2.3 Plans examiner and 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. 9 103.2.4 Deputy building official qualifications. The building official may designate as a deputy an employee in the department 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 103.2.1. 103.3 Restrictions on employees. An officer or employee connected with the department, except one whose only connection is as a member of the board established by this code, shall not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless he/she is the owner of such. This officer or employee shall not engage in any other work which creates a conflict of interest with the officer or employees duties as related to the department. 103.4 Records. The building official shall keep, or cause to be kept, a record of the business of the department. The records of the department shall be open to public inspection in accordance with applicable statutes. 103.5 Reports. The building official may submit annually a report covering the work of the building department during the preceding year. He/she may incorporate in said report a summary of the decisions of the Board of Adjustments and Appeals during said year. 103.6 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 legal council appointed by the agency or applicable governing authority until the final termination of the proceedings. 10 SECTION 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official is further authorized to render interpretations of this code, which are consistent with its spirit and purpose. 104.2 Right of entry 104.2.1 Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the building official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code. If such building or premises are occupied, he/she shall first present proper credentials and request entry. If such building, structure, or premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the building official shall have recourse to every remedy provided by law to secure entry. 104.2.2 When the building official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to this code. 104.3 Stop work orders. 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 11 exists, the building official shall not be required to give a written notice prior to stopping the work. 104.4 Revocation of permits 104.4.1 Misrepresentation of application. The building official may revoke a permit or approval, issued under the provisions of this code, when a determination has been made that a false statement or misrepresentation as to a material fact in the application or plans has been made, on which the permit or approval was based. 104.4.2 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, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this code. 104.5 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with this Code. The extent of repairs shall be determined by the building official. When the building official determines that an unsafe building, structure or service system cannot be reasonably repaired in accordance with this or the technical codes, it shall be demolished in accordance with this section. 104.5.1 When the building official determines a building, structure, electrical, gas, mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall, in accordance with established procedure for legal notices, give the owner, agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, 12 structure, electrical, gas, mechanical or plumbing system or portion thereof. 104.5.2 If necessary, such notice shall also require the building, structure, electrical, gas, mechanical, plumbing systems or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the building official. The building official shall cause to be posted at each entrance to such building a notice stating: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or its officers, agents, or other servants, to remove such notice without written permission of the building official, or for any person to enter the building, or use such systems except for the purpose of making the required repairs or of demolishing same. 104.5.3 The owner, agent or person in control of an unsafe structure or system shall have the right to appeal the decision of the building official, as provided hereinafter, and to appear before the Construction Board of Adjustments and Appeals at a specified time and place to show cause why he should not comply with said notice. 104.5.4 In case the owner, agent, or person in control cannot be found within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with the notice to repair, rehabilitate, or to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof, the building official, after having ascertained the cost, shall cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof, to be demolished, secured, or required to remain vacant or unused. 104.5.5 The decision of the building official shall be final in cases of emergency, which, in the opinion of the building official, involve imminent danger to human life or health, or the property of others. He/she shall promptly cause such building, structure, 13 electrical, gas, mechanical or plumbing system or portion thereof to be made safe or cause its removal. For this purpose he/she may at once enter such structure or land on which it stands, or abutting land or structures, with such assistance and at such cost as he may deem necessary. He/she may order the vacating of adjacent structures and may require the protection of the public by appropriate fence or such other means as may be necessary, and for this purpose may close a public or private way. 104.5.6 Costs incurred under 104.5.4 and 104.5.5 shall be charged to the owner of the premises involved. If charges are not paid within a ten (10) day period following the billing notification sent by certified mail, the owner of the premises will be charged in the following manner: 1. The building official shall assess the entire cost of such vacation, demolition, or removal against the real property upon which such cost was incurred, which assessment shall include but not be limited to all administrative costs, postal expenses, newspaper publication, and shall constitute a lien upon such property superior to all others except taxes. 2. TheClerk of the Circuit Court shall file such lien in the County's Official Record Book showing the nature of such lien, the amount thereof and an accurate legal description of the property, including the street address, which lien shall be effective from the date of filing and recite the names of all persons notified and interested persons. After three (3) months from the filing of any such lien which remains unpaid, the governing body may foreclose the lien in the same manner as mortgage liens are foreclosed. Such lien shall bear interest from date of abatement of nuisance at the rate of ten (10) percent per annum and shall be enforceable if unsatisfied as other liens may be enforced by the governing agency. 104.6 Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or the other technical codes, shall be determined by the building official. In addition, other requirements to implement, clarify or set procedures to accomplish the intent of this 14 code may be set in writing by the building official and may be posted electronically for public access. 104.7 Reserved. 104.8 Reserved. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment. The use of used materials that meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. 104.10 Reserved. 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. When alternate life safety systems are designed, the SFPE Engineering Guide to Performance-Based Fire Protection Analysis and Design of Buildings, or other methods approved by the building official may be used. The building official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternative. 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of 15 this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. 104.11.3 Accessibility. Alternative designs and technologies for providing access to and usability of a facility for persons with disabilities shall be in accordance with Section 11.2.2. SECTION 105 PERMITS 105.1 Permit application 105.1.1 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. 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. Windows & Doors - Install or replace windows or doors including frames, shutters, awnings, canopies, or similar items. 16 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 watercraft, groins, sea walls, jetties, revetments, or similar structures and facilities 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. 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. 105.1.2 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 17 105.1.3 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.4 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits may not be required for the following: Building. Building permits may not be required for replacement or repair work having value of less than $1,500.00, providing, however, that such work will not affect 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 integrity 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 18 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. A permit may not be required for the following: 1. Repair, installation or replacement of common household fixtures to existing branch circuit wiring and outlets. Existing branch circuit wiring 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. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. Prior notification shall be given to the building official including the work address, nature of emergency and scope of work. 105.2.2 Minor repairs. Ordinary minor repairs or installation of replacement parts may be made with the approval of the building official without a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; additionally, ordinary minor repairs shall not include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. 19 105.2.3 Temporary structures. A special building permit for a limited time may be required 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. 105.2.4 Work authorized. A building, electrical, gas, mechanical or plumbing permit shall carry with it the right to construct or install the work, 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. 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the building department for that purpose. The owner, or an authorized agent shall sign the application. Permit application forms shall comply with the requirements of Section 713.135(5) and (6), Florida Statutes. Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building permit for which an application is submitted prior to the effective date of the latest edition of Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefore. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. When authorized through contractual agreement with a school board, in acting on applications for permits, the building official shall give first priority to any applications for the construction of, or addition or renovation to, any school or educational faCility. 20 105.3.1.1 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 ensure compliance with the code. 105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair, or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes: 1. Electrical documents for any new building or addition which requires an aggregate service capacity of 600 amperes (240 volts) or more on a residential electrical system or 800 amperes (240 volts) or more on a commercial or industrial electrical system and which costs more than $50,000. 2. Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than $50,000. 3. Fire sprinkler documents for any new building or addition that includes a fire sprinkler system which contains 50 or more sprinkler heads. A Contractor I, Contractor II, or Contractor IV, certified under Section 633.521 Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 4. Heating, ventilation, and air-conditioning documents for any new building or addition that requires more than a 15-ton-per-system capacity that is designed to accommodate 100 or more 21 persons or for which the system costs more than $50,000. This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one, two, three or four-family structure. An air-conditioning system may be designed by an installing air-conditioning contractor certified under Chapter 489, Florida Statutes, to serve any building or addition which is designed to accommodate fewer than 100 persons and requires an air-conditioning system with a value of $50,000 or less; and when a 15-ton-per system or less is designed for a singular space of a building and each 15-ton system or less has an independent duct system. Systems not complying with the above require design documents that are to be sealed by a professional engineer. Example 1: When a space has two 10-ton systems with each having an independent duct system, the contractor may design these two systems since each unit (system) is less than 15 tons. Example 2: Consider a small single-story office building that consists of six individual offices where each office has a single three-ton package air conditioning heat pump. The six heat pumps are connected to a single water-cooling tower. The cost of the entire heating, ventilation and air-conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18-ton system. A mechanical or air conditioning contractor therefore could not design it. Note: It was further clarified by the Florida Building Commission that the limiting criteria of 100 persons and $50,000 apply to the building occupancy load and the cost for the total air- conditioning system of the building. 5. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000. 22 Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and stamped such document as provided in Section 471.025, Florida Statutes. 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each not to exceed three extensions. After the third extension, appeal may be made to the Building Board of Adjustment and Appeals for any additional extensions. The extension shall be requested in writing prior to the abandonment date and justifiable cause demonstrated. Abandoned applications shall be subject to destruction in accordance with state law. 105.3.3 An enforcing authority may not issue a building permit for any building construction, erection, alteration, modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: "NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. " 105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of application therefore unless unusual circumstances require a longer time for processing the application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws or ordinances. 105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida Statutes, Workers' Compensation, every employer shall, as a condition to receiving a building permit, show proof that it has secured compensation for its employees as provided in Section 440.10 and 440.38, Florida Statutes. 23 105.3.6 Asbestos removal. Moving, removal or disposal of asbestos-containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the own'er-builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or lease such building within one year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and regulations, which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.4 Conditions of the permit. 105.4.1 Permit intent. A permit issued shall be constructed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall expire unless the work authorized by such permit is commenced within 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 24 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit is not obtained within six months from the date the initial permit became null and void, the building official is authorized to require that any work that has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date if issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within six months. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 90 days each. The extension shall be requested in writing and justifiable cause demonstrated, prior to expiration. 105.4.1.4 The fee for renewal re-issuance of a permit shall be set forth by the administrative authority. 105.5 Reserved. 105.6 Reserved. 105.7 Placing of permit. Work requiring a permit shall not commence until the permit holder or his agent places the permit card and all related documents in a conspicuous place on the premises. AU The permit card and all related documents shall be protected from the weather and located in such position as to allow the building official or representative to conveniently make the required entries thereon. The permit and all related documents shall be maintained 25 in such position by the permit holder until the Certificate of Occupancy or Completion is issued by the building official. 105.8 Notice of commencement. As per Section 713.135, Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 18-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos. The enforcing agency shall require each building permit or plan for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law. 105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval. 105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for re-inspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance. Upon approval of the building official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, provided any work 26 completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection. 105.13 Foundation or phased permit approval. After submittal of the appropriate construction documents, the building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. 105.14 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 supervise such work. In addition, they shall be responsible for conformity to the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the building official written affidavit that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the building official. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part III of Chapter 468, Florida Statutes. SECTION 106 CONSTRUCTION DOCUMENTS 106.1 Submittal documents. Construction documents, special inspection and structural observation programs, and other data shall be submitted in two or more sets with each application for a permit. The construction documents shall be prepared by a design professional where required by the statutes. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a design professional. 27 Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. If the design professional is an architect or engineer legally registered under the laws of this state regulating the practice of architecture as provided for in Chapter 481, Florida Statutes, Part I, or engineering as provided for in Chapter 471, Florida Statutes, then he or she shall affix his or her official seal, signature and date to said drawings, specifications and accompanying data, as required by Florida Statute. If the design professional is a landscape architect registered under the laws of this state regulating the practice of landscape architecture as provided for in Chapter 481, Florida Statutes, Part II, then he or she shall affix his or her seal, signature and date to said drawings, specifications and accompanying data as defined in Section 481.303(6)(a)(b)(c)(d), FS. 106.1.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are allowed to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official (see also Section 106.3.5). 106.1.1.1 Fire protection system Shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 106.1.1.2 For roof assemblies required by the code, the construction documents shall illustrate, describe, and delineate the type of roofing system, materials, 28 fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a statement by an architect or engineer for the specific site must be submitted with the construction documents. 106.1.2 Additional data. The building official may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the building official to be prepared by an architect or engineer shall be affixed with their official seal, signature and date as state law requires. 106.1.3 Quality of building plans. Building plans shall be drawn to a minimum 1/8 inch scale upon substantial paper, cloth or other acceptable medium. The building official may establish through departmental policy, other standards for plans and specifications, in order to provide conformity to its record retention program. This policy may include such things as minimum size, shape, contrast, clarity, or other items related to records management. 106.2 Reserved. 106.3 Examination of documents. The building official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. Exceptions: 1. Building plans approved pursuant to Section 553.77(3), Florida Statutes, and state approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly (including utility crossover connections) and construction at the site are subject to local permitting and inspections. 2. Industrial construction on sites where design, construction and fire safety are supervised by licensed design and inspection 29 professionals and which contain adequate in-house fire departments and rescue squads is exempt, subject to approval of the building official, from review of plans and inspections, providing the appropriate licensed design and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire-safety inspectors. 106.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be endorsed, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 106.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 106.3.3 Product approvals. Those products which are regulated by DCA Rule 9B-72 shall be reviewed and approved in writing by the designer of record prior to submittal for jurisdictional approval. 106.3.4 Structural and fire resistance integrity. 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 exterior walls and where joints occur in required fire resistant construction assemblies. 106.3.4.1 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 30 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 61G17, Florida Administrative Code. 106.3.4.2 Reserved. 106.3.4.3 Certifications by contractors authorized under the provisions of Section 489.115(4)(b), Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person licensed under Chapter 471, Florida Statutes, or Chapter 481 Florida Statutes, by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind-resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one- and two-family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under Chapters 471, 481 or 489, Florida Statutes. 106.3.5 Minimum plan review criteria for buildings. The examination of the documents by the building official shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; and all exterior elevations: 106.3.5.1 Commercial Buildings: 106.3.5.1.1 Building 1. Site requirements: Parking Fire access Vehicle loading Driving/turning radius Fire hydrant/water supply/post indicator valve (PIV) Set back/separation (assumed property lines) 31 Location of specific tanks, water lines and sewer lines 2. Occupancy group and special occupancy requirements shall be determined. 3. Minimum type of construction shall be determined (see Table 503). 4. Fire-resistant construction requirements shall include the following components: Fire-resistant separations Fire-resistant protection for type of construction Protection of openings and penetrations of rated walls Fire blocking and draft stopping and calculated fire resistance 5. Fire suppression systems shall include: Early warning smoke evacuation systems Schematic fire sprinklers Standpipes Pre-engineered systems Riser diagram 6. Life safety systems shall be determined and shall include the following requirements: Occupant load and egress capacities Early warning Smoke control Stair pressurization Systems schematic 7. Occupancy load/egress requirements shall include: Occupancy load Gross, Net Means of egress Exit access Exit Exit discharge Stairs construction/geometry and protection Doors Emergency lighting and exit signs Specific occupancy requirements Construction requirements Horizontal exits/exit passageways 8. Structural requirements shall include: 32 Soil conditions/analysis Termite protection Design loads Wind requirements Building envelope Structural calculations (if required) Foundation Wall systems Floor systems Roof systems Threshold inspection plan Stair systems 9. Materials shall be reviewed and shall at a minimum include the following: Wood Steel Aluminum Concrete Plastic Glass Masonry Gypsum board and plaster Insulating (mechanical) Roofing Insulation 10.Accessibility requirements shall include the following: Site requirements Accessible route Vertical accessibility Toilet and bathing facilities Drinking fountains Equipment Special occupancy requirements Fair housing requirements l1.Interior requirements shall include the following: Interior finishes (flame spread/smoke development) Light and ventilation Sanitation 12.Special systems: Elevators Escalators 33 Lifts 13. Swimming pools; Plans shall detail compliance with Section 424 of the Florida Building Code and Department of Health requirements. Proper site plan is also required. 106.3.5.1.2 Electrical 1. Electrica I: Wiring Services Feeders and branch circuits Overcurrent protection Grounding Wiring methods and materials GFCIs 2. Equipment 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low vOltage 7. Load calculations 106.3.5.1.3 Plumbing 1. Minimum plumbing facilities 2. Fixture requirements 3. Water supply piping 4. Sanitary drainage 5. Water heaters 6. Vents 7. Roof drainage 8. Back-flow prevention 9. Irrigation 10.Location of water supply line l1.Grease traps 12.Environmental requirements 13.Plumbing riser 106.3.5.1.4 Mechanical 1. Energy calculations 2. Exhaust systems: Clothes dryer exhaust Kitchen equipment exhaust 34 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 l1.Appliances 12.Boilers 13. Refrigeration 14.Bathroom ventilation 15.Lavoratory 106.3.5.2 Gas 1. Gas piping 2. Venting 3. Combustion air 4. Chimneys and vents 5. Appliances 6. Type of gas 7. Fireplaces 8. LP tank location 9. Riser diagram/shutoffs 106.3.5.3 Demolition 1. Asbestos removal 106.3.5.3.1 Engineering 1. Storm water drainage system and other requirements of the Engineering Division. 106.3.5.4 Residential (one- and two-family) Building 1. Site requirements Set back/separation (assumed property lines) Location of septic tanks 2. Fire-resistant construction (if required) 3. Smoke detector locations 4. Egress: Egress window size Location stairs construction requirements 35 5. Structural requirements shall include: Wall section from foundation through roof Assembly and materials Connector tables Wind requirements Structural calculations (if required) 6. Accessibility requirements: Show/identify accessible bath 7. Electrical: Electric service riser Wire sizes Conduit detail Grounding detail Complete load calculations Panel schedules Service equipment Panel locations 8. Mechanical Energy calculations Exhaust systems eclothes dryer exhaust ekitchen equipment exhaust especialty exhaust systems Equipment Equipment location Make-up air Roof-mounted equipment Duct systems Ventilation Combustion air Chimneys, fireplaces and vents Appliances Boilers Refrigeration Bathroom ventilation Energy calculations,. Equipment and location, Duct systems 9. Plumbing Minimum plumbing facilities Fixture requirements Water supply piping Sanitary drainage Water heaters Vents 36 Roof drainage Back flow prevention Irrigation Location of water supply line Environmental requirements Plumbing riser 10. Gas Gas piping Venting Combustion Chimneys and vents Appliances Type of gas Fireplaces LP tank location Riser diagram/shut-offs 11. Engineering An engineered storm water plan for construction of more than 800 square feet of impervious area 106.3.5.5 Swimming pools: Barrier requirements Spas Wading pools 106.3.5.6 Exemptions. Plans examination by the building official shall not be required for the following work: 1. Exact replacement of existing equipment such as mechanical units, water heaters, etc. 2. Reroofs 3. Minor electrical, plumbing and mechanical repairs 4. Annual maintenance permits 5. Prototype plans - Except for local site adaptations, siding, foundations and/or modifications Except for structures that require waiver. 6. Manufactured buildings plans except for foundations and modifications of buildings which are constructed on site. 37 106.4 Amended construction documents. Work shall be installed in accordance with the reviewed construction documents, and any changes made during construction that are not in compliance with the reviewed construction documents shall be resubmitted for review as an amended set of construction documents. 106.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official as required by Florida Statutes. 106.6 Affidavits. The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The building official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building official copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a certification that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes. Where the building official relies upon such affidavit, the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes. SECTION 107 TEMPORARY STRUCTURES AND USES 107.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 38 180 days. The building official is authorized to grant extensions for demonstrated cause. 107.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare. 107.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in Chapter 27 of the Florida Building Code, Building. For new construction the building official may authorize early power once all forms, inspections, policies, and fees have been paid for and complied with. 107.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. SECTION 108 FEES 108.1 Prescribed fees. A permit shall not be issued until all fees prescribed by the applicable governing body inclusive have been paid. 108.2 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 shall be established by resolution. These fees will be required to be paid by the applicant prior to permit issuance. Permit fees are not refundable. 108.3 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 39 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). 108.4 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 by the permit fee factor and then multiplJ.esying that total dollar amount by 30 percent. The plan-filing fee is not refundable. 108.5 Work commencing before permit issuance. Any person who starts work that requires a permit before obtaining the necessary permit(s) without prior approval from the building official shall be subject to a penalty of four times the permit fee that is required for the work. The building official shall have the authority to waive the penalty fee upon written appeal from the applicant 108.6 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 drawings and receipt of the applicant paying the appropriate permit revision fee, a permit revision will be issued. The permit revision will allow the construction to continue. The 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 due at the time the permit revision application is submitted. Final inspection shall not be approved for any work when a permit revision has not been issued. 108.7 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 fee was paid, along with the date and amount thereof, will be on record. 108.9 Building permit valuations 40 108.9.1 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, and normal site preparation. 108.9.2 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 ICC Building Valuation Data chart for average construction or the value 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 improvements not considered new buildings and/or additions to existing buildings shall be the value of construction established by the applicant's actual cost. The applicant's cost of construction shall be specified on the permit application. The value of construction for improvements not listed or identified in section 108.9.1 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 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 108.9.1. The ICC Building Valuation Data is based on the elements listed in Section 108.9.1. 108.9.3 Applying the ICC valuation of construction. The ICC Building Valuation Data chart is produced twice a year. To determine the value of construction using the ICC 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 plans submitted for permit, take the average per foot value for the appropriate occupancy classification and type of construction, and multiply that dollar 41 value 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 ICC Valuation Chart, the value of construction shall be based on the cost estimate that the applicant specifies on the permit application. 108.9.4 Valuation. If, in the opinion of the building official and/or the building official's designee, there is a question regarding the valuation of the construction that the applicant specified on the permit application, the permit shall be denied until the applicant provides written detailed estimates, and/or a bona fide signed contract for the proposed improvements. The detailed estimates and/or bona fide signed contract shall be approved by the building official and/or the building official's designee. 108.9.5 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. 108.9.6 Refunds. Refunds may be granted only for the other fees that are collected in conjunction with issuing a permit. Contact the building official or his/her designated representative for the procedures that are required to be followed to request a refund. 108.10 Contractors 108.10.1 Contractor's responsibilities. It shall be the duty of every contractor who shall make contract for the installation or repairs of a building, structure, electrical, gas, mechanical or plumbing system, for which a permit is required to comply with state or local rules and regulations concerning licensing and 42 inspections which the applicable governing authority may have adopted. 108.10.2 Residential owner/builder exemption responsibilities. Pursuant to provisions of Chapter 489.103 and 489.503, Florida Statutes, a sole owner may make application for permit and must provide direct on site supervision 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 108.10.3 Non-residential owner/builder exemption responsibilities. An owner of any building may make application for a building permit for work in a building that is for his/her OWN USE AND OCCUPANCY, and wherein the work does not exceed a maximum of $25,000 within any 12-month period. SECTION 109 INSPECTIONS 109.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 109.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 43 109.2.1 Existing building inspections. Before issuing a permit, the building official may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He/she may inspect the buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, before, during and upon completion of the work for which a permit was issued. He/she shall make a record of every such examination and inspection and of all observed violations of the technical codes. Additional regulations in the Florida Building Code Existing Building code may apply. 109.2.2 Manufacturers and fabricators. When deemed necessary by the building official, he/she shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 109.3 Required inspections. The building official upon notification from the permit holder or his or her agent shall make the following inspections, and such other inspections as deemed necessary, and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. A complete survey, or special purpose survey may be required before an inspection is approved. The building official shall have the authority to accept affidavits as proof of compliance. A. Building 1. Foundation inspections. To be made after trenches are excavated and forms erected and shall at a minimum include the following building components: -Stem-wall -Monolithic slab-on-grade -Piling/pile caps -Footers/grade beams 2. Framing inspections. To be made after the roof, all framing, fire blocking and bracing is in place, all concealing wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: 44 -Window/door framing -Vertical cells/columns -Lintel/tie beams (including truss layout drawings) - Fra m i ng/trusses/bracing/con nectors -Draft stopping/fire blocking -Curtain wall framing -Energy insulation -Accessibility. -Drywall 3. Sheathing inspections. To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: -Roof sheathing -Wall sheathing -Sheathing fasteners -Roof/wall dry-in -Sheathing/cladding inspection -Gypsum board, as required 4. Roofing inspections. Shall at a minimum include the following building components: -Dry-in -Insulation -Roof coverings (including In Progress) -Flashing 5. Final inspection. To be made after the building is completed and ready for occupancy. 6. Swimming pool inspection: -first inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete -perimeter plumbing -pool deck (including soil reports as applicable, paver-type decks, or special perimeter footings or deck features) -final alarm/electrical inspection prior to filling 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 45 8. Demolition Inspections: efirst 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. efinal inspection to be made after all demolition work is completed. 9. Manufactured building inspections. The building department shall inspect construction of foundations; connecting buildings to foundations; installation of parts identified on plans as site installed items, joining the modules, including utility crossovers; utility connections from the building to utility lines on site; and any other work done on site which requires compliance with the Florida Building Code. Additional inspections may be required for public educational facilities (see Section 423.27.20). B. Electrical 1. Underground inspection (including bonding and ground). To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3. Low Voltage: To be made for security, alarm, elevator, and special uses prior to being covered from view. 4. Final inspection. To be made after the building is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. c. Plumbing 1. Underground inspection: To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 2. Rough-In inspection: To be made after the roof, framing, fire blocking and bracing is in place and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling membranes. 3. Final inspection: To be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. Note: See Section 312 of the Florida Building Code, Plumbing, for required tests. 46 D. Mechanical 1. Underground inspection. To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes. 3. Final inspection. To be made after the building is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. E.Gas 1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 2. Final piping inspection. To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection. To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to ensure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. 109.3.1 Written release. Work shall not be done on any part of a building, structure, electrical, gas, mechanical or plumbing system beyond the point indicted 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 by each of the foregoing inspections. 109.3.2 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 47 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. 109.3.3 Reinforcing steel and structural frames. Reinforcing steel or structural framework of any part of any building or structure shall not be covered or concealed without first obtaining a release from the building official. Certification that field welding and structural bolted connections meet design plan requirements shall be submitted to the building official, upon request. Certification of weld and bolted connections shall be from a third party independent agency. 109.3.4 Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section 1503.6, Section 2304.13 or Section 2304.11.6, specifically required to be inspected for termites in accordance with Section 2114, or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the building official has been received. 109.3.5 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed and inspected by a Florida licensed professional engineer, employed by the permit holder or subcontractor, prior to any required mandatory inspections by the threshold building inspector. 109.3.6 Threshold building. 109.3.6.1 The enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. The purpose of the structural inspection plans is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. 48 109.3.6.2 The special inspector shall inspect the shoring and re-shoring 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, height, occupancy, occupancy classification or number-of-stories criteria which would result in classification as a threshold building under Section 553.71(7) Florida Statutes, may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code, Building. 109.3.6.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified, licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481, Florida Statutes, as an architect. 109.3.6.4 Each enforcement agency shall require that, on every threshold building: 109.3.6.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: "To the best of my knowledge and belief, the above described construction of all structural load-bearing components complies with the permitted documents, and the shoring and re-shoring conforms to the shoring and re- shoring plans submitted to the enforcement agency." 109.3.6.4.2 Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency's recorded set of permit documents. 109.3.6.4.3 All shoring and re-shoring procedures, plans and details be submitted to the enforcement 49 agency for record keeping. Each shoring and re- shoring installation shall be supervised, inspected and certified to be in compliance with the shoring documents by the contractor. 109.3.6.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire- safety standards as determined by the local authority in accordance with this section and Chapter 633, Florida Statutes. 109.3.6.5 No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes, or to a licensed building contractor, as defined in Section 489.105(3)(b), Florida Statutes, within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, management and control of the construction activities on the project for which the building permit was issued. 109.3.6.6 The building department may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the building department. The building official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes, or certified as a special inspector under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section 553.79(5), Florida Statutes, are in addition to the minimum inspections required by this code. 109.3.7 Other inspection services. The building official may make, or cause to be made by others, the inspections required by Section 109. He/she may accept reports of inspectors of recognized inspection services, provided that after investigation he/she is satisfied as to their qualifications and reliability. A 50 certificate called for by any provision of the technical codes shall not be based on such reports unless the same are in writing and certified by a responsible officer of such service. The building official may require the owner to employ an inspection service in the following instances: 1. For buildings or additions of Type I or Type II construction 2. For all major structural alterations 3. Where the concrete design is based on compressive strength (f 'c) in excess of 3000 pounds per square inch 4. For pile driving 5. For buildings with area greater than 20,000 square foot 6. For buildings more than 2 stories in height 7. For buildings and structures of unusual design or methods of construction Such inspectors shall be adequately present at times work is underway on the structural elements of the building. Such inspectors shall be a registered architect, or engineer, or a person licensed under Chapter 468, Part XII, Florida Statutes. Such inspectors shall submit weekly progress reports including the daily inspections to the building official, and including a code compliance opinion of the Resident Inspector. At the completion of the construction work or project, such inspectors shall submit a certificate of compliance to the building official, stating that the work was done in compliance with this code and in accordance with the permitted drawing. Final inspection shall be made by the building official before a Certificate of Occupancy or Certificate of Completion is issued; and confirmation inspections may be made at any time to monitor activities and resident inspectors. 109.3.8 Plaster fire protection. In all buildings where plaster is used for fire protection purposes, the permit holder or his agent shall notify the building official after all lathing and backing is in place. Plaster shall not be applied until the release from the building official has been received. 109.3.9 Fire resistant joints and penetrations. The protection of joints and penetrations in required fire resistant construction assemblies shall not be covered or concealed from view without first obtaining a release from the building official. 51 109.3.10 Impact of construction All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the condition of adjacent property, unless such activity is permitted to affect said property pursuant to a consent granted by the applicable property owner, under terms or conditions agreeable to the applicable property owner. This includes, but is not limited to, the control of dust, noise, water or drainage run-offs, debris, and the storage of construction materials. New construction activity shall not adversely impact legal historic surface water drainage flows serving adjacent properties, and may require special drainage design complying with engineering standards to preserve the positive drainage patterns of the affected sites. Accordingly, developers, contractors and owners of all new residential development, including additions, patios, driveways, decks or similar items, on existing properties resulting in a significant decrease in excess of 800 square feet of permeable land area on any parcel or has altered the drainage flow on the developed property shall, as a permit condition, provide a professionally prepared drainage plan clearly indicating compliance with this paragraph. Upon completion of the improvement, a certification from a licensed engineer shall be submitted to the inspector in order to receive approval of the final inspection. 109.3.11 Freeboard. The finish floor elevation of all habitable space in new construction not located in a flood zone shall be elevated a minimum of twelve inches above the crown of the road. 109.4 Inspections prior to issuance of Certificate of Occupancy or Completion. The building official shall inspect or cause to be inspected, at various intervals, all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion, prior to the issuance of the Certificate of Occupancy or Certificate of Completion. In performing inspections, the building official shall give first priority to inspections of the construction, addition, or renovation to, any facilities owned or controlled by a state university, state community college or publiC school district. 109.5 Inspection requests. It shall be the duty of the holder of the building permit or their dUly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the 52 permit holder to provide access to and means for inspections of such work that are required by this code. 109.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. SECTION 110 CERTIFICATES AND BUILDING USE 110.1 Certificate of Occupancy 110.1.1 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, mechanical, plumbing and fire protection systems have been inspected for compliance with the technical codes and other applicable laws and ordinances and released by the building official. 110.1.2 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. The building official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use 53 for which the proposed occupancy is classified. 6. The name of the building official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provisions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The design occupant load. 11. If an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building permit. 110.1.3 Temporary/partial occupancy. A 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. 110.2 Certificate of Completion. Upon satisfactory completion of a building, structure, electrical, gas, mechanical or plumbing system, a Certificate of Completion may be issued. This certificate is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy or connect a building, 54 such as a shell building, prior to the issuance of a Certificate of Occupancy. 110.3 Service Utilities 110.3.1 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. 110.3.2 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. 110.3.3 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, or property, or unsafe condition. The building official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. 110.4 Posting floor loads 110.4.1 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. 110.4.2 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 55 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. 110.4.3 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. SECTION 111 TESTS The building official may require tests or test reports as proof of compliance with applicable sections of this code. Required tests are to be made at the expense of the owner, or agent, by an approved testing laboratory or other approved agency. SECTION 112 BUILDING BOARD OF ADJUSTMENT AND APPEALS 112.1 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. 112.2 Membership and Terms 112.2.1 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 56 addition to the regular members, there should be two alternate members, one member with the qualifications referenced above and one member at large from the public. A board member shall not act in a case in which he has a personal or financial interest. 112.2.2 Terms. The terms of office of the board members shall be staggered so no more than one-third of the board is appointed or replaced in any 12-month period. The two alternates, if appointed, shall serve one-year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Three absences of any member from required meetings of the board shall in a 12 month period, at the discretion of the applicable governing body, render any such member subject to immediate removal from office. 112.2.3 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. 112.2.4 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. 112.3 Powers. The Building Board of Adjustments and Appeals shall have the power, as further defined in 112.4, to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. 112.4 Appeals 112.4.1 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 anyone of the following conditions are claimed to exist: 57 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 an specific case. 4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 112.4.2 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 finds all of the following: 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. 112.4.2.1 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. 58 112.4.3 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. 112.4.4 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. 112.5 Procedures of the board. 112.5.1 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. 112.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final; subject however to such remedy as any aggrieved party might have at law or in equity. SECTION 113 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. 59 SECTION 114 STOP WORK ORDER 114.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order. 114.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. 114.3 Unlawful continuance. Any person who shall continue My work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. SECTION 115 Reserved ^ SECTION 116 (Section 1609, Florida Building Code) WIND LOADS 116.1 Basic wind speed. The basic wind speed in miles per hour, for the development of wind loads, shall be determined from Figure 1609, said Basic Wind Speed for Palm Beach County being: 3 Second Gust All Locations In 120 mph R35E .130 mph R36E, R37E, R38E 140 mph R39E through R43E as depicted on map Figure 1609 is hereby added to this code. 60 '.".. ~ ' . rJr]"-"UiJiJ1f:<ttat "I d ." "j ., j' 6"i ~ ~ (J (f. "iIIO ~I N :3 _ _. _ .- '" ,~:i':i1i 1~~~E ,,~~~~~ = ti .... ,.... ,.... ...... :I ~'~ 11< 4 ~ .. 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The following table specifies the Boynton Beach Administrative Amendments section where a change is located and explains what/why the code was changed. In most instances these changes refiect language cleanup Items that results in a language more in line with that found in codes and statutes (Iegal-ese). Other changes remove imposed restrictions that are not In line with the current Florida Building Code or that are necessary to bring the amendments in line with the current Florida Statutes. Code Se...:tion Table of Contents Section 101.2 Section 101.2 Exception 2 Section 101.4 Section 101.4.9 Section 101.4.10 Section 102.1.1 Section 102.2 Section 102.2 e) Section 103.3 Section 103.4 Reason for Chan e SectIon has been re-titled to align with Florida Buildln Code 2004 Administrative section. This is a language cleanup item to mirror the language in the Rorida Building Code 2004 Administrative section. Chapter 34 of the Rorida Building Code is no longer applicable to existing buildings. The Rorida Building Code 2004, Existing Building volume is the ovemin code. Lan ua e c1eanu items. This section was added to clarify the code that is a llcable to exlstln build In s. This is a re-number to allow for section 101.4.9 and it was a duplication of 101.4.7 when the current amendments were adopted and was missed at review. This revision eliminates the specifics that were ^ added by Palm Beach County in their draft: of the amendments. The language eliminated is not contained in the Florida Building Code Administrative section. This language added again clarifies the applicable code for exlstin buildin s. This is a language cleanup item that clarifies the intent of the a llcablli of the referenced statute. This change removes language that severely restricts outside employment in that it limits that employment to being an instructor. This may produce an economic hardship on a family since the requirements for instructional positions usually ulre a coli e d ree. This language addition clarifies that the building department records will be open to the public in accordance with Rorida Statutes. Section 104.4.1 Language clarification/cleanup item. Section 104.5 Language cleanup item. Section 104.5.3 Language added for clarification purposes. Section 104.5.4 The added language appears to have been left out of the_previous amendments. Section 105.1 The indicated language has been stricken in order to eliminate any implied liability. The implication is that by issuing a permit the City is stating that the individual is competent for the work they are doing. This mayor may not be the case but we do not have any system in place to test for competency. Florida Statutes 489.103 which grants the exemption to owner builders places no such restriction on owners who wish to do their own work. Section 105.1 This restriction being removed is not present in "Roofing" the Florida Building Code or the Palm Beach County Amendments. In view of the past two hurricane seasons and the shortage of roofing contractors and materials that follows, it places an undue hardship on individuals who need to repair their roof to prevent further water damage to the interior. Section 105.1.1 The language in these sections is redundant and "Building" has been moved to Section 105.2 which addresses "Mechanical" work that is exempt from the permit process. "Electrical, Gas, Plumbing" Section 105.1.3 This entire section has been added back into our amendments. It is present in the Florida Building Code Administrative Section and the Palm Beach County Amendments. It will provide for expedited work to be done in large industrial type occupancies such as the Publix Warehouse and will also benefit City buildings with the many maintenance tasks that are required on an annual basis. Section 105.1.4 This section follows along with section 105.1.3 for record keeping requirements. Section 105.2 The stricken and added language in this section covers the redundant information removed from section 105.1.1 and brings consistent uniformity to the dollar values for exempt work. The minimum has been increased due to the cost of materials in ii the present environment. In addition it removes the restriction on Iimitina the work to one and two famil\l dwellinas. Section 105.2.3 This new language gives the Building official the option of requiring a permit for temporary items. These should be evaluated on a case by case basis and the application of common sense safety will determine whether a permit is reauired. Section 105.12 This section is being added back into our local amendments. It is present both in the Florida Building Code Administrative Section and in the Palm Beach County Amendments to the code. It will allow builders and developers who are on a tight schedule to begin construction - AT THEIR OWN RISK. Section 105.13 This section has been re-numbered to allow for New section 105.12 Section 105.13 This section has been moved in its entirety. This Deleted process is already covered by FS 553.791 - Alternate Plans Review and Inspection. Since it involves the Plan review process it has been moved to section 106.6. Section 105.14 This section has been added to bring our amendments into conformance with the Florida Building Code Administrative section and the Palm Beach Countv Amendments. Section 106.3.5.6 The language added here conforms to the requirements in the Florida Building Code Administrative section. In addition we have devised a more expeditious way to process re-roof permits that will eliminate the need for plan review of these permits. Section 106.6 This section has been relocated from 105.13 since it deals with the plan review orocess. Section 108.1 This has been corrected. The original refers back to section 104.7. When you go to that section you see that it is "Reserved". Section 108.2 This section has been modified to clear up the language and eliminate the information that is not necessary. The language eliminated belongs in a orocedure. Section 108.5 Once again this section is modified to allow the Building Official to determine when work can be done without a oermit such as in emeraencv iii situations. Section 108.9.1 This section has been modified to bring the language into conformance with the language accompanying the building valuation tables published by the ICC which forms the basis for our fee calculations (current table - Auo 2006) Section 108.9.3 Per the new ICC tables the "Regional Modifier" is no lonoer used. Section 108.9.6 This language is removed because there is no section 104.7.3 in our current amendments. Section 108.10.2 The wording here has been changed to mirror that contained in the owner-builder exemption in the Statutes. Section 108.10.3 The wording here has been changed to mirror that in the Statutes for owners of commercial orooertv. Section 109.2.1 Chapter 34 no longer applicable for existing buildinos. Section 109.3.10 The word pool has been stricken from this section as it is not considered an imoervious area. Section 111 Clarifies that the required tests are specified in various sections of the different codes. Section 114 This section has been re-Iabeled and re-worded to conform with the Florida building Code Administrative section. iv