09-016
11 I
I ORDINANCE NO. 09-01f.tJ
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA; PROVIDING
5 FOR THE ADOPTION OF THE BOYNTON BEACH
6 ADMINISTRATIVE AMENDMENTS TO THE 2007
7 FLORIDA BUILDING CODE, AND AMENDMENTS
8 THERETO: PROVIDING FOR CONFLICTS,
9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
JO DATE.
II
12 WHEREAS, pursuant to Chapter 553.73, Florida Statutes, the City Commission may
13 adopt amendments to the administrative provisions of the Florida Building Code, subject to
14 the limitations in said statute; and
15 WHEREAS, previously on October 17, 2006, the City Commission adopted
16 Administrative Amendments to the 2004 Florida Building Code, Gas Mechanical and
17 Plumbing Codes, 2004 Edition, and the 2005 National Electric Code; and
18 WHEREAS, the City Commission hereby adopts the revisions to the Administrative
19 Amendments to the 2007 Florida Building Code, such revisions are attached hereto as Exhibit
20 "A", and incorporated herein by reference; and
21 WHEREAS, such amendments must be transmitted to the State within 30 days after
22 enactment of the amendments.
23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing whereas clauses are true and correct and are now ratified
26 and confirmed by the City Commission.
27 Section 2. That the Boynton Beach Administrative Amendments to the 2007
28 Florida Building Code, are hereby amended by adopting those provisions contained in Exhibit
29 "A", which is attached hereto and incorporated herein by reference.
30 Section 3. That ordinances or parts of ordinances in conflict herewith be and the
S:\CAIOrdinances\Amendments to Building Code (2007)(2009 Revision).doc
II
BOYNTON BEACH
ADMINISTRATIVE AMENDMENTS
to the
2007 FLORIDA BUILDING CODE
ORDINANCE NO. 09-
-
EFFECTIVE ,2009
BEGINNING WITH PERMIT NO. 09-
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
101 GENERAL 3
102 APPLICABILITY 5
103 RESERVED 9
104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 9
105 PERMITS 15
106 CONSTRUCTION DOCUMENTS 25
107 TEMPORARY STRUCTURES AND USES 35
108 FEES 36
109 INSPECTIONS 38
110 CERTIFICATES AND BUILDING USE 45
111 SERVICE UTILITIES 47
112 BUILDING BOARD OF ADJUSTMENT & APPEALS 48
113 RESERVED 51
114 STOP WORK 51
115 RESERVED 52
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 as herein
amended by this jurisdiction.
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 Chapter 34 of this
code.
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, plan review and inspection. The
permitting, plan review or inspection of any building, system or
plan by this jurisdiction, under the requirements of this code,
shall not be construed in any court as a warranty of the physical
condition of such building, system or plan or their adequacy. This
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jurisdiction shall not be liable in tort for damages or hazardous
or illegal condition or inadequacy in such building, system or
plan, nor for any failure of any component of such, which may
occur subsequent to such inspection or permitting. Further, no
Building Department employee shall be liable in tort for damages
from such conditions, in accordance with Section 768.28(9)(a),
Florida Statutes, as may be amended.
101.4 Referenced codes. The other codes listed in Sections 101.4.1
through 101.4.9 and referenced elsewhere in this code shall be
considered part of the requirements of this code to the prescribed
extent of each such reference. The Land Development Regulations of
the Boynton Beach Code of Ordinances as adopted by Ordinance 95-
02, and subsequent amendments, 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.
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101.4.5 Reserved.
101.4.6 Fire prevention. For provisions related to fire
prevention, refer to the Florida Fire Prevention Code and the City
of Boynton Beach Code of Ordinances, Chapter 9 - Fire
Protection and Prevention. 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 Manufactured buildings. For additional administrative
and special code requirements, see Section 428, Florida Building
Code, Building, and Rule 9B-l F.A.C.
SECTION 102
APPLICABILITY
102.1 General. Where, in any specific case, different sections of this
code specify different materials, methods of construction or other
requirements, the most restrictive shall govern. Where there is a
conflict between a general requirement and a specific requirement, the
specific requirement shall be applicable.
102.1.1 The Florida Building Code does not apply to, and no
code enforcement action shall be brought with respect to, zoning
requirements, land use requirements and owner specifications or
programmatic requirements which do not pertain to and govern
the design, construction, erection, alteration, modification, repair
or demolition of public or private buildings, structures or facilities
or to programmatic requirements that do not pertain to
5
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 Chapter 34 of this code. The following buildings, structures
and facilities are exempt from the Florida Building Code as provided by
law, and any further exemptions shall be as determined by the
legislature and provided by law:
(a) Building and structures specifically regulated and preempted
by the federal government.
(b) Railroads and ancillary facilities associated with the railroad.
(c) Nonresidential farm buildings on farms.
(d) Temporary buildings or sheds used exclusively for
construction purposes.
(e) Mobile or modular structures used as temporary offices,
except that the provisions of Part II, Section 553.501-553.513,
Florida Statutes, relating to accessibility by persons with
disabilities 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 Residential buildings or structures moved into or within
a county or municipality shall not be required to be brought into
compliance with the state minimum building code in force at the
time the building or structure is moved, provided:
1. The building or structure is structurally sound 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 construction
and are operational and safe for reconnection;
and
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6. Foundation plans are sealed by a professional
engineer or architect licensed to practice in this
state, if required by the Florida Building Code, Buildings
for all residential buildings or structures of the same
residential occupancy class.
102.2.3 The building official shall apply the same standard to a
moved residential building or structure as that applied to the
remodeling of any comparable residential building or structure to
determine whether the moved structure is substantially
remodeled.
The cost of the foundation on which the moved building or
structure is placed shall not 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.
102.2.5 Each enforcement district shall be governed by a board,
the composition of which shall be determined by the affected
localities. At it's own option, the enforcement district / local
enforcement agency (the City of Boynton Beach Building
Division) grants to the owners of any single-family residence the
following exemption from the Florida Building Code:
1. The installation of one (1) accessory building (tool shed,
etc.) per lot, with the accessory building having a size less than
or equal to 100 square feet.
This code exemption, as defined by this section, shall be
certified to the local board 10 days prior to implementation and
shall be effective only in the territorial jurisdiction of the
enforcement district / local enforcement agency implementing it.
102.2.6 This section does not apply to swings and other
playground equipment accessory to a one- or two-family
dwelling.
Exception: Electrical service to such playground equipment
shall be in accordance with Chapter 27 of this code.
8
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),
the wind speed map of the Florida Building Code shall be
applicable.
SECTION 103
Reserved
SECTION 104
DUTIES AND POWERS OF THE BUILDING OFFICIAL
9
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
exists, the building official shall not be required to give a written notice
prior to stopping the work.
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104.4 Revocation of permits. The building official is authorized to
suspend or revoke a permit issued under the provisions of this code
wherever the permit is issued in error or on the basis of incorrect,
inaccurate or incomplete information, or in violation of any ordinance
or regulation or any provisions of this code.
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,
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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,
12
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. The Clerk of the Circuit Court shall file such lien in the
County's Official Record Book showing the nature of such
lien, the amount thereof and an accurate legal description
of the property, including the street address, which lien
shall be effective from the date of filing and recite the
names of all persons notified and interested persons. After
three (3) months from the filing of any such lien which
remains unpaid, the governing body may foreclose the lien
in the same manner as mortgage liens are foreclosed.
Such lien shall bear interest from date of abatement of
nuisance at the rate of ten (10) percent per annum and
shall be enforceable if unsatisfied as other liens may be
enforced by the governing agency.
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
13
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
14
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 Required. Any owner or authorized agent who intends to
construct, enlarge, alter, repair, move, demolish, or change the
occupancy of a building or structure, or to erect, install, enlarge,
alter, repair, remove, convert or replace any required impact-
resistant coverings, electrical, gas, mechanical or plumbing
system, the installation of which is regulated by this code, or to
cause any such work to be done, shall first make application to
the building official and obtain the required permit.
105.1.1 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
15
description of the parameters of work intended to be performed
during the year.
105.1.2 Annual permit records. The person to whom an
annual permit is issued shall keep a detailed record of alterations
made under such annual permit. The building official shall have
access to such records at all times or such records shall be filed
with the building official as designated.
105.1.3 Food permit. As per Section 500.12, Florida Statutes,
a food permit from the Department of Agriculture and Consumer
Services is required of any person who operates a food
establishment or retail store.
105.2 Work exempt from permit. Exemptions from permit
requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation
of the provisions of this code. Permits may not be required for
the following:
Building:
1. 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.
2. The installation of one (1) accessory building (tool shed,
etc.) per single family residence / lot, with the
accessory building having a size less than or equal to
100 square feet.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter
approval of the equipment or make such equipment
unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any
16
heating or cooling equipment regulated by this code.
5. Replacement of any part which does not alter its
approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10
pounds (4.54 kg) or less of refrigerant and actuated by
motors of l-horsepower (746 W) or less.
8. The installation, replacement, removal or metering of
any load management control device.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or
vent pipe provided, however, that if any concealed trap,
drain pipe, water, soil, waste or vent pipe becomes
defective and it becomes necessary to remove and replace
the same with new material, such work shall be considered
as new work and a permit shall be obtained and inspection
made as provided by this code.
2. The clearing of stoppages or the repairing of leaks in
pipes, valves or fixtures, and the removal and
reinstallation of water closets, provided such repairs do not
involve or require the replacement or rearrangement of
valves, pipes or fixtures.
3. The repair, installation or replacement of minor
plumbing fixtures to existing supply and drain lines in one
and two-family dwelling units. This exemption does not
include water heaters, bathtubs or showers.
105.2.1 Emergency repairs. Where equipment replacements
and repairs must be performed in an emergency situation, the
permit application shall be submitted within the next working
business day to the building official.
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
17
mechanical equipment or other work affecting public health or
general safety, and such repairs shall not violate any of the
provisions of the technical codes.
105.2.3 Temporary structures. A special building permit for a
6 month time period may be required before the erection of
temporary structures such as canopies, tents and fences used in
construction work or for temporary purposes such as reviewing
stands. Such structures shall be completely removed upon the
expiration of the 6 month time limit.
105.3 Application for permit. To obtain a permit, the applicant shall
first file an application therefore in writing on a form furnished by the
building department for that purpose. Permit application forms shall be
in the format prescribed by a local administrative board, if applicable,
and must comply with the requirements of Section 713.135(5) and
(6), Florida Statutes.
Each application shall be inscribed with the date of application,
and the code in effect as of that date. For a building permit for which
an application is submitted prior to the effective date of the latest
edition of Florida Building Code, the state minimum building code in
effect in the permitting jurisdiction on the date of the application
governs the permitted work for the life of the permit and any
extension granted to the permit.
105.3.1 Action on application. The building official shall
examine or cause to be examined applications for permits and
amendments thereto within a reasonable time after filing. If the
application or the construction documents do not conform to the
requirements of pertinent laws, the building official shall reject
such application in writing, stating the reasons therefore. If the
building official is satisfied that the proposed work conforms to
the requirements of this code and laws and ordinances applicable
thereto, the building official shall issue a permit therefore as
soon as practicable. When authorized through contractual
agreement with a school board, in acting on applications for
permits, the building official shall give first priority to any
applications for the construction of, or addition or renovation to,
any school or educational facility.
105.3.1.1 If a state university, state community college or
public school district elects to use a local government's
code enforcement offices, fees charged by counties and
18
municipalities for enforcement of the Florida Building Code
on buildings, structures, and facilities of state universities,
state colleges, and public school districts shall not be more
than the actual labor and administrative costs incurred for
plans review and inspections to ensure compliance with the
code.
105.3.1.2 No permit may be issued for any building
construction, erection, alteration, modification, repair, or
addition unless the applicant for such permit provides to
the enforcing agency which issues the permit any of the
following documents which apply to the construction for
which the permit is to be issued and which shall be
prepared by or under the direction of an engineer
registered under Chapter 471, Florida Statutes:
1. Plumbing documents for any new building or
addition which requires a plumbing system with
more than 250 fixture units or which costs more than
$50,000.
2. 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.
3. 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
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.
19
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.
4. Any specialized mechanical, electrical, or plumbing
document for any new building or addition which
includes a medical gas, oxygen, steam, vacuum,
toxic air filtration, halon, or fire detection and alarm
system which costs more than $5,000.
Documents requiring an engineer seal by this part shall not be
valid unless a professional engineer who possesses a valid
20
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, becoming null and void, 180 days 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 and
justifiable cause demonstrated.
105.3.3 An enforcing authority may not issue a building permit
for any building construction, erection, alteration, modification,
repair or addition unless the permit either includes on its face or
there is attached to the permit the following statement:
"NOTICE: In addition to the requirements of this permit, there
may be additional restrictions applicable to this property that
may be found in the public records of this county, and there may
be additional permits required from other governmental entities
such as water management districts, state agencies, or federal
agencies. "
105.3.4 A building permit for a single-family residential dwelling
must be issued within 30 working days of application therefore
unless unusual circumstances require a longer time for
processing the application or unless the permit application fails
to satisfy the Florida Building Code or the enforcing agency's
laws or ordinances.
105.3.5 Identification of minimum premium policy. Except
as otherwise provided in Chapter 440, Florida Statutes, Workers'
Compensation, every employer shall, as a condition to receiving
a building permit, show proof that it has secured compensation
for its employees as provided in Section 440.10 and 440.38,
Florida Statutes.
105.3.6 Asbestos removal. Moving, removal or disposal of
asbestos-containing materials on a residential building where the
owner occupies the building, the building is not for sale or lease,
21
and the work is performed according to the owner-builder
limitations provided in this paragraph. To qualify for exemption
under this paragraph, an owner must personally appear and sign
the building permit application. The permitting agency shall
provide the person with a disclosure statement in substantially
the following form:
Disclosure Statement: State law requires asbestos abatement to
be done by licensed contractors. You have applied for a permit
under an exemption to that law. The exemption allows you, as
the owner of your property, to act as your own asbestos
abatement contractor even though you do not have a license.
You must supervise the construction yourself. You may move,
remove or dispose of asbestos-containing materials on a
residential building where you occupy the building and the
building is not for sale or lease, or the building is a farm
outbuilding on your property. If you sell or lease such building
within 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 become invalid unless the work authorized by such permit
is commenced within 6 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.
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
22
proposed construction shall be obtained before proceeding
with the work.
105.4.1.2 If a new permit is not obtained within 180 days
from the date the initial permit became null and void, the
building official is authorized to require that any work 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 180 days. This provision shall not be
applicable in case of civil commotion or strike or when the
building work is halted due directly to judicial injunction,
order or similar process. 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. The building permit or copy shall be kept
on the site of the work and protected from the weather until the
completion of the project
105.8 Notice of commencement. As per Section 713.135, Florida
Statutes, when any person applies for a building permit, the authority
issuing such permit shall print on the face of each permit card in no
less than l8-point, capitalized, boldfaced type:
"WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR
23
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
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
24
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, a statement
of special inspections 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.
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,
25
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 shall be approved prior to the start of
system installation. Shop drawings shall contain all
information as required by the referenced installation
standards in Chapter 9 of the Florida Building Code.
106.1.1.2 For roof assemblies required by the code,
the construction documents shall illustrate, describe,
and delineate the type of roofing system, materials,
fastening requirements, flashing requirements and
wind resistance rating that are required to be
installed. Product evaluation and installation shall
indicate compliance with the wind criteria required
for the specific site or a statement by an architect or
engineer for the specific site must be submitted with
the construction documents.
26
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 Reserved.
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 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 appropriate design and
inspection professionals and which contain adequate in-house
fire departments and rescue squads is exempt, subject to local
government option, from review of plans and inspections,
providing owners certify that applicable codes and standards
have been met and supply appropriate approved 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 approved, in writing or by stamp, as "Reviewed for Code
Compliance." One set of construction documents so reviewed
shall be retained by the building official. The other set shall be
returned to the applicant, shall be kept at the site of work and
shall be open to inspection by the building official or a duly
authorized representative.
27
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 Reserved.
106.3.4.1 Reserved.
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:
Commercial Buildings:
28
Building
1. Site requirements:
Pa rki ng
Fire access
Vehicle loading
Driving/turning radius
Fire hydrant/water supply/post indicator
valve (PIV)
Set back/separation (assumed property
lines)
Location of specific tanks, water lines and
sewer lines
2. Occupancy group and special occupancy
requirements shall be determined.
3. Minimum type of construction shall be
determined (see Table 503).
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
29
Exit discharge
Stairs construction/geometry and
protection
Doors
Emergency lighting and exit signs
Specific occupancy requirements
Construction requirements
Horizontal exits/exit passageways
8. Structural requirements shall include:
Soil conditions/analysis
Termite protection
Design loads
Wind requirements
Building envelope
Structural calculations (if required)
Foundation
Wall systems
Floor systems
Roof systems
Threshold inspection plan
Stair systems
9. Materials shall be reviewed and shall at a
minimum include the following:
Wood
Steel
Aluminum
Concrete
Plastic
Glass
Masonry
Gypsum board and plaster
Insulating (mechanical)
Roofing
Insulation
10.Accessibility requirements shall include the
following:
Site requirements
Accessible route
Vertical accessibility
Toilet and bathing facilities
Drinking fountains
Equipment
Special occupancy requirements
Fair housing requirements
30
l1.Interior requirements shall include the
following:
Interior finishes (flame spread/smoke
development)
Light and ventilation
Sanitation
12.Special systems:
Elevators
Escalators
Lifts
13. Swimming pools:
Barrier requirements
Spas
Wading pools
Plans shall detail compliance with Section
424 of the Florida Building Code and
Department of Health requirements.
Proper site plan is also required.
Electrical
1. Electrical:
Wiring
Services
Feeders and branch circuits
Overcurrent protection
Grounding
Wiring methods and materials
GFCIs
2. Equipment
3. Special occupancies
4. Emergency systems
5. Communication systems
6. Low voltage
7. Load calculations
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
31
9. Irrigation
10.Location of water supply line
l1.Grease traps
12.Environmental requirements
13.Plumbing riser
Mechanical
1. Energy calculations
2. Exhaust systems:
Clothes dryer exhaust
Kitchen equipment exhaust
Specialty exhaust systems
3. Equipment
4. Equipment location
5. Make-up air
6. Roof-mounted equipment
7. Duct systems
8. Ventilation
9. Combustion air
10.Chimneys, fireplaces and vents
11.Appliances
12. Boilers
13. Refrigeration
14. Bathroom ventilation
15.Laboratory
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
Demolition
1. Asbestos remova I
Residential (one- and two-family)
1. Site requirements
Set back/separation (assumed property
lines)
32
Location of septic tanks
2. Fire-resistant construction (if required)
3. Smoke detector locations
4. Egress:
Egress window - size and location
Stairs - construction requirements
5. Structural requirements shall include:
Wall section from foundation through
roof, including:
Assembly and materials connector tables
Wind requirements
Structural calculations (if required)
6. Accessibility requirements:
Show/identify accessible bath
7. Electrical:
Electric service riser
Wire sizes
Grounding detail
Complete load calculations
Panel schedules
Service equipment
Panel locations
8. Mechanical:
Energy calculations
Exhaust systems
Equipment specs and location
Duct systems
Ventilation
Chimneys, fireplaces and vents
Appliances
9. Plumbing:
Water supply piping
Sanitary drainage
Water heaters
Vents
Roof drainage
Back flow prevention
Location of water supply line
Environmental requirements
Plumbing riser
10. Gas:
Gas piping
Venting
Chimneys
33
Appliances
Type of gas
Fireplaces
LP tank location
Riser diagram/shut-offs
11. Engineering:
Storm water drainage system and other
requirements of the Engineering Division.
12. Swimming pools:
Barrier requirements
Spas
Wading pools
Exemptions. Plans examination by the building official shall not
be required for the following work:
1. Replacing existing equipment such as
mechanical units, water heaters, etc.
2. Reserved
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.
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 for a
period of not less than 180 days from the date of completion of the
permitted work or 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
34
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
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.
35
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 fees
authorized under Section 553.80, Florida Statutes, have been paid.
Nor shall an amendment (revision) to a permit be released until the
additional permit fee, due to an increase in the estimated cost of the
building, structure, electrical, plumbing, mechanical or gas system,
has been paid.
108.2 Schedule of permit fees. On buildings, structures, electrical,
gas, mechanical, and plumbing systems or alterations requiring a fee
for each permit and, where applicable, other fees, shall be paid as
required, in accordance with the fee schedule as established by the
applicable governing authority.
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, City Park &
Recreation fees, Fire Department fees, Palm Beach County Impact fees
and State of Florida fees. Water and sewer facility fees are established
in Chapter 26 of the City of Boynton Beach Code of Ordinances. The
Fire Department fees are established in Chapter 9 of the City of
Boynton Beach Code of Ordinances. The city may elect to collect Palm
Beach County Impact fees that include fees for Roads, Public Buildings,
Schools and Parks. The city collects State of Florida surcharge fees for
the Radon Trust Fund (Radon) and Building Code Administrators and
Inspectors Fund (BCAIF). When applicable, the administrative portion
of the Art In Public Places fee (300/0 of the total Art fee) is due prior to
permit issuance.
108.3.1 Building permit valuation. If, in the opinion of the building
official, the claimed valuation of building, alteration, structure,
electrical, gas, mechanical or plumbing systems appears to be
underestimated on the application, the permit shall be denied, unless
the applicant can show detailed estimates, and/or bona fide signed
contracts (excluding land value) to meet the approval of the building
official. For permitting purposes, valuation of buildings and systems
36
shall be total replacement value to include structural, electric,
plumbing, mechanical, interior finish, normal building related site work
(excavation and backfill for buildings), architectural and design fees,
marketing costs, overhead and profit; excluding only land value.
Valuation references may include the latest published data of
nationally recognized construction cost analysis services (Means, etc.).
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 plan-
filing fee is 30 010 of the total permit fee. The plan-filing fee is non-
refundable.
108.5 Work commencing before permit issuance. Any person
who commences any work on a building, structure, electrical, gas,
mechanical or plumbing system that requires a permit before obtaining
the necessary permit(s) without prior approval from the building
official shall be subject to a penalty of four times the permit fee that is
required for the work. The building official shall have the authority to
waive the penalty fee upon written appeal from the applicant.
108.6 Contractors
108.6.1 Contractor's responsibilities. It shall be the duty of
every contractor who shall make contract for the installation or
repairs of a building, structure, electrical, gas, mechanical or
plumbing system, for which a permit is required to comply with
state, county or local rules and regulations concerning licensing
and inspections which the applicable governing authority may
have adopted.
108.6.2 Residential owner/builder exemption
responsibilities. Pursuant to provisions of Chapter 489.103 and
489.503, Florida Statutes, an owner may make application for
permit and must provide direct on site supervision with the
construction, maintenance, alterations, or repairs of a one or
two-family residence for his/her OWN USE AND OCCUPANCY
and not intended for sale. The construction of more than one
residence by an individual owner in any 12-month period shall
be construed as contracting and, such owner shall then be
required to be licensed as a contractor
108.6.3 Non-residential owner/builder exemption
responsibilities. An owner of any building may make
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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.
109.3 Required inspections. The building official upon notification
from the permit holder or his or her agent shall make the following
inspections, 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.
Building
1. Foundation inspection. To be made after trenches are
excavated and forms erected and shall at a minimum
include the following building components:
-Stem-wall
-Monolithic slab-on-grade
-Piling/pile caps
-Footers/grade beams
2. Framing inspections. To be made after the roof, all
framing, fire blocking and bracing is in place, all concealing
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wiring, all pipes, chimneys, ducts and vents are complete
and shall at a minimum include the following building
components:
-Window/door framing
-Vertical cells/columns
-Lintel/tie beams
- Fra m ing/trusses/bracing/ con nectors
-Draft stopping/fire blocking
-Curtain wall framing
-Energy insulation
-Accessibility.
-Drywall
-Verify rough opening dimensions are within
tolerances
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
-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 or
fiberglass pool body.
Final inspection to be made when the swimming pool is
complete and all required enclosure requirements are in
place.
In order to pass a final inspection and receive a certificate
of completion, a residential swimming pool must meet the
requirements relating to pool safety features as described
in Section 424.2.17.
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7. Storm Shutter Inspection to ensure compliance with
Chapter 16 of the Florida Building Code, Building
8. Demolition Inspections. First inspection to be made after
all utility connections have been disconnected and secured
in such manner that no unsafe or unsanitary condition
shall exit during or after demolition operations.
Final inspection to be made after all demolition work is
completed.
9. Manufactured building inspections. The building
department shall inspect construction of foundations;
connecting buildings to foundations; installation of parts
identified on plans as site installed items, joining the
modules, including utility crossovers; utility connections
from the building to utility lines on site; and any other
work done on site which requires compliance with the
Florida Building Code. Additional inspections may be
required for publiC educational facilities (see Section
423.27.20).
10. Where impact-resistant coverings are installed to meet
requirements of this code, the building official shall
schedule adequate inspections of impact-resistant
coverings to determine the following:
The system indicated on the plans was installed.
The system is installed in accordance with the
manufacturer's installation instructions and the
product approval.
Electrical
1. Underground inspection. To be made after trenches or
ditches are excavated, conduit or cable installed, and
before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing,
fireblocking and bracing is in place and prior to the
installation of wall or ceiling membranes.
3. 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.
Plumbing
1. Underground inspection: To be made after trenches or
ditches are excavated, piping installed, and before any
backfill is put in place.
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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.
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.
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 Reserved.
109.3.2 Reserved.
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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.
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. The special inspector may not serve as a
surrogate in carrying out the responsibilities of the building
official, the architect or the engineer of record. The
contractor's contractual or statutory obligations are not
relieved by any action of the special inspector.
109.3.6.2 The special inspector shall determine that a
professional engineer who specializes in shoring design has
inspected the shoring and reshoring for conformance with
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,
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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 must be submitted to the
enforcement 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.
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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 Reserved.
109.3.8 Reserved.
109.3.9 Reserved.
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
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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.
109.3.11 Freeboard. The finish floor elevation of all habitable
space in new construction located in a flood zone shall be
elevated a minimum of 12 inches above the base flood elevation
(BFE).
The finish floor elevation of all habitable space in new
construction not located in a flood zone shall be elevated a
minimum of six inches above the surrounding ground elevation
such that the building or structure will not experience isolated
flooding nor will there be adverse drainage impacts to adjacent
properties .
109.4 Reserved.
109.5 Inspection requests. It shall be the duty of the holder of the
building permit or their duly authorized agent to notify the building
official when work is ready for inspection. It shall be the duty of the
permit holder to provide access to and means for inspections of such
work that are required by this code.
109.6 Approval required. Work shall not be done beyond the point
indicated in each successive inspection without first obtaining the
approval of the building official. The building official, upon notification,
shall make the requested inspections and shall either indicate the
portion of the construction that is satisfactory as completed, or notify
the permit holder or his or her agent wherein the same fails to comply
with this code. Any portions that do not comply shall be corrected and
such portion shall not be covered or concealed until authorized by the
building official.
SECTION 110
CERTIFICATES AND BUILDING USE
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110.1 Certificate of Occupancy. No building or structure
shall be used or occupied, and no change in the existing
occupancy classification of a building or structure or portion
thereof shall be made until the building official has issued a
certificate of occupancy therefore as provided herein. Issuance
of a certificate of occupancy shall not be construed as an
approval of a violation of the provisions of this code or of other
ordinances of the jurisdiction. Certain fees, including the balance
of the Arts In Public Places fee when applicable, are due prior to
the issuance of a certificate of occupancy.
110.2 Certificate of occupancy. After the building official
inspects the building or structure and finds no violations of the
provisions of this code or other laws that are enforced by the
department of building safety, the building official shall issue a
certificate of occupancy that contains the following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner.
4. A description of that portion of the structure for which the
certificate is issued.
5. A statement that the described portion of the structure has
been inspected for compliance with the requirements of this
code for the occupancy and division of occupancy and the use
for which the proposed occupancy is classified.
6. The name of the building official.
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.
110.2.1 Certificate of completion. A Certificate of Completion
is proof that a structure or system is complete and for certain
types of permits is released for use and may be connected to a
utility system. This certificate does not grant authority to occupy
a building, such as a shell building, prior to the issuance of a
certificate of occupancy.
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110.3 Temporary occupancy. The building official is
authorized to issue a temporary certificate of occupancy or
completion before the completion of the entire work covered by
the permit, provided such portion or portions shall be used or
occupied safely. 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 surety for
unfinished work or revision of plans until a permanent certificate
of occupancy or certificate of completion is granted. The purpose
of the surety is to insure completion of work under this permit.
Such surety shall be equal to one hundred ten percent (1100/0)
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 surety. If work has
not been completed and all finals requested within 90 days of
issuance of the initial temporary certificate of occupancy (TCO)
or temporary certificate of completion (TCC), the City retains the
right to have the applicant surrender the surety. The City then
may use the surety to finish the remaining work. The surety
shall be in a form acceptable to the City. Surety shall be
returned upon approval of all final inspections and upon written
request that has been approved by the building official.
110.4 Revocation. The building official is authorized to, in
writing, suspend or revoke a certificate of occupancy or
completion issued under the provisions of this code wherever the
certificate is issued in error, or on the basis of incorrect
information supplied, or where it is determined that the building
or structure or portion thereof is in violation of any ordinance or
regulation or any of the provisions of this code.
SECTION 111
SERVICE UTILITIES
111.1 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 this code for which a
permit is required, until released by the building official.
47
111.2 Temporary connection. The building official shall have
the authority to authorize the temporary connection of the
building or system to the utility source of energy, fuel or power.
111.3 Authority to disconnect service utilities The building
official shall have the authority to authorize disconnection of
utility service to the building, structure or system regulated by
this code and the codes referenced in case of emergency where
necessary to eliminate an immediate hazard to life, or property.
The building official shall notify the serving utility and, whenever
possible the owner and occupant of the building, structure or
service system of the decision to disconnect prior to taking such
action. If not notified prior to disconnecting, the owner or
occupant of the building, structure or service system shall be
notified in writing, as soon as practical thereafter.
SECTION 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
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
48
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:
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
49
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.
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.
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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
Reserved.
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
51
the order, and the conditions under which the cited work will be
permitted to resume.
114.3 Unlawful continuance.
Any person who shall continue any work after having been served with
a stop work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be subject to
penalties as prescribed by law.
SECTION 115
Reserved
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II
1 same are hereby repealed, provided that in the event of a conflict with respect to the
2 administration of the building codes, existing administrative laws or rules of the City shall
3 control.
4 Section 4. Should any section or provision of this Ordinance or any portion
5 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
6 affect the remainder of this Ordinance.
7 Section 5. Authority is hereby given to codify this Ordinance.
8 Section 6. This Ordinance shall become effective immediately.
9
10 FIRST READING this~ day of Febru.o...(1 ,2009.
11
-rh .r- l
12 SECOND, FINAL READING AND PASSAGE this ~ day of re.-). ,2009.
13
14 CITY OF BOYNTON BEACH, FLORIDA
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23 Commissioner - Ronald Weilan
24 ~) ~~ ~
25 tC~. ,
26 _ co~ner -, WOOdro~
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28 .~...../" L ~~A~~
29 Commissioner - Marlene Ross
30 ATTEST:
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ts to Building Code (2007)(2009 Revision).doc