15-016 1 ORDINANCE NO. 15 -016
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA; PROVIDING FOR THE ADOPTION OF THE
5 BOYNTON BEACH ADMINISTRATIVE AMENDMENTS
6 TO THE FLORIDA BUILDING CODE 5 EDITION
7 (2014); PROVIDING FOR CONFLICTS,
8 i SEVERABILITY, CODIFICATION AND AN EFFECTIVE
9 DATE.
10
11 WHEREAS, pursuant to Chapter 553.73, Florida Statutes, the City Commission may
12 adopt amendments to the administrative provisions of the Florida Building Code to deal with
13 local issues and conditions that are unique and distinctive to each jurisdiction, subject to the
14 limitations in said statute; and
15 WHEREAS, the City of Boynton Beach adopted the Boynton Beach Amendments to
16 the 2010 Florida Building Code on March 6, 2012, June 4, 2013 and October 15, 2013; and
17 WHEREAS, the City Commission hereby adopts the Boynton Beach Administrative
18 Amendments to the Florida Building Code 5 Edition (2014); and
19 WHEREAS, as required by law, such amendments will be transmitted to the State
20 within 30 days after this enactment of the amendments.
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing whereas clauses are true and correct and are now ratified
24 and confirmed by the City Commission.
25 Section 2. That the Boynton Beach Administrative Amendments to the Florida
26 Building Code 5 Edition (2014), are hereby amended by adopting those provisions contained
27 in Exhibit "A" which is attached hereto and incorporated herein by reference.
28 Section 3. That ordinances or parts of ordinances in conflict herewith be and the
29 same are hereby repealed, provided that in the event of a conflict with respect to the
C:\ Users\ prainitoj\AppData\Local\Microsoft\Windows \Temporary Internet
Files \Content.1E5 \QXDIPCBU\BB Admin_ Admendments_ to_ FLA_ BIdg _Code_5th_Ed_ - _Ordinance.doc
1 administration of the building codes, existing administrative laws or rules of the City shall
2 control.
3 Section 4. Should any section or provision of this Ordinance or any portion
4 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
5 affect the remainder of this Ordinance.
6 Section 5. Authority is hereby given to codify this Ordinance.
7 Section 6. This Ordinance shall become effective immediately.
8 FIRST READING this 7 day of July, 2015.
9 SECOND, FINAL READING AND PASSAGE this a I day of J u ty , 2015.
to
11 CITY OF BOYNTON BEACH, FLORIDA
12
13 YES NO
14
15 Mayor — Jerry Taylor ✓
16
17 Vice Mayor — Joe Casello
18
19 Commissioner — David T. Merker ✓
20
21 Commissioner — Mack McCray
22
23 Commissioner — Michael M. Fitzpatrick ✓
24
25
26 VOTE 5
27
28 ATTEST:
29
30
31 '
32 � M. Prainito, MMC
33 Clerk
34 ■Y , C ) 't
35
36
37 (C or. eal) _.
38 ' (U
$-�
39 TO N ;. .
C:\ Users \prainitoj\AppData\Local\ Microsoft\Windows \Temporary Internet
Files \Content.IE5 \QXDIPCBU\BB Admin_Admendments to_FLA_B1dg_Code_5th_Ed_ = Ordinance.doc
BOYNTON BEACH
ADMINISTRATIVE AMENDMENTS
to the
FLORIDA BUILDING CODE 5 EDITION (2014)
ORDINANCE NO. 15-
EFFECTIVE July 21 2015
BEGINNING WITH PERMIT NO. 15 -XXX
City of Boynton Beach Department of Development
Building Division
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
(561) 742 -6350 Office
(561) 742 -6357 Fax
This document can be downloaded online — at no charge — by visiting the "Forms & Applications"
section of the Building Division page on the City of Boynton Beach website at www.boynton- beach.org
CHAPTER1
ADMINISTRATION
Table of Contents
Section 101 GENERAL .......................................... ............................... 2
Section 102 APPLICABILITY ..................................... ............................... 4
Section 103 BUILDING DIVISION ......................... ............................... 8
Section 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL ................ 8
Section 105 PERMITS .......................................... ............................... 11
Section 106 FLOOR AND ROOF LOADS ................ ............................... 23
Section 107 CONSTRUCTION DOCUMENTS ................ ............................... 23
Section 108 TEMPORARY STRUCTURES AND USES .............................. 34
Section 109 FEES .................................................... ............................... 35
Section 110 INSPECTIONS .................................. ............................... 36
Section 111 CERTIFICATES OF OCCUPANCY AND COMPLETION ................ 46
Section 112 SERVICE UTILITIES ......................... ............................... 48
Section 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS ................ 48
Section 114 VIOLATIONS ................................... ............................... 51
Section 115 STOP WORK ORDER .......................... ............................... 52
Section 116 UNSAFE STRUCTURES AND EQUIPMENT .............................. 52
Section 117 VARIANCES IN FLOOD HAZARD AREAS .... ............................... 55
Section 11 (RESERVED) .................................... ............................... 55
Section 119 SEVERABILITY ................................... ............................... 55
1
SECTION 101
GENERAL
101.1 Title. These regulations shall be known as the Florida Building Code hereinafter
referred to as "this code."
101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement,
enlargement, replacement, repair, equipment, use and occupancy, location, maintenance,
removal and demolition of every building or structure or any appurtenances connected or
attached to such buildings or structures.
Exceptions:
1. Detached one and two - family dwellings and multiple single - family dwellings
(townhouses) not more than three stories above grade plane in height with a
separate means of egress and their accessory structures shall comply with the Florida
Building Code, Residential Volume.
2. Existing buildings undergoing repair, alterations or additions or 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. Appendix "F," in the Florida Building Code, Plumbing Volume, has been
adopted as part of this chapter.
101.2.2 Florida Building Code, Residential Volume. Construction standards or
practices which are not covered by the Florida Building Code, Residential Volume,
shall be in accordance with the provisions of the Florida Building Code, Building
Volume.
101.3 Intent. The purpose of this code is to establish the minimum requirements to
safeguard the public health, safety and general welfare through structural strength,
means of egress facilities, stability, sanitation, adequate light and ventilation, energy
conservation, and safety to life and property from fire and other hazards attributed to the
built environment and to provide safety to fire fighters, code officials, and emergency
responders during emergency operations.
101.3.1 Quality Control. Quality control of materials and workmanship is not within
the purview of this code except as it relates to the purposes stated herein.
101.3.2 Warranty and Liability. The permitting and inspection of any building,
system, or plan by this jurisdiction, under the requirements of this code, shall not be
construed in any court as a warranty of the physical condition of such building,
system, or plan, or their adequacy. The jurisdiction shall not be liable in tort for
damages or hazardous or illegal condition or inadequacy in such building, system, or
plan, nor for any failure of any component of such, which may occur subsequent to
such inspection or permitting. Further, no Building Division employee shall be liable in
tort for damage from such conditions, in accordance with Section 768.28 Florida
Statutes, as may be amended or replaced.
16
101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.10 and
referenced elsewhere in this code shall be considered part of the requirements of this code to
the prescribed extent of each such reference.
101.4.1 Gas. The provisions of the Florida Building Code, Fuel Gas Volume shall
apply to the installation of gas piping from the point of delivery, gas appliances and
related accessories as covered in this code. These requirements apply to gas piping
systems extending from the point of delivery to the inlet connections of appliances
and the installation and operation of residential and commercial gas appliances and
related accessories.
101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical Volume
shall apply to the installation, alterations, repairs and replacement of mechanical
systems, including equipment, appliances, fixtures, fittings and /or appurtenances,
including ventilating, heating, cooling, air - conditioning and refrigeration systems,
incinerators and other energy - related systems.
101.4.3 Plumbing. The provisions of the Florida Building Code, Plumbing Volume shall
apply to the installation, alteration, repair and replacement of plumbing systems,
including equipment, appliances, fixtures, fittings and appurtenances, and where
connected to a water or sewage system and all aspects of a medical gas system.
101.4.4 Property maintenance. For provisions related to property maintenance,
refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV.
101.4.5 Fire prevention. For provisions related to fire prevention, refer to the Florida
Fire Prevention Code. The Florida Fire Prevention Code shall apply to matters
affecting or relating to structures, processes and premises from the hazard of fire
and explosion arising from the storage, handling or use of structures, materials or
devices; from conditions hazardous to life, property or public welfare in the occupancy
of structures or premises; and from the construction, extension, repair, alteration or
removal of fire suppression and alarm systems or fire hazards in the structure or on
the premises from occupancy or operation.
101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation
Volume shall apply to all matters governing the design and construction of buildings
for energy efficiency.
101.4.7 Accessibility. For provisions related to accessibility, refer to Florida Building
Code, Accessibility Volume.
101.4.8 Manufactured buildings. For additional administrative and special code
requirements, see Section 42-58, Florida Building Code, Building, and Rule 61-41
Florida Administrative Code.
101.4.9 Electrical. The provisions of Chapter 27 of the Florida Building Code, Building
Volume shall apply to the installation of electrical systems, including alterations,
repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances
thereto.
101.4.10 Flood Prevention Requirements. City of Boynton Beach Land Development
Regulations (LDR) shall be considered part of the requirements of this code relative to
flood control. Conflicting requirements between the Florida Building Code and
Chapter 4, Article X, Flood Prevention Requirements of the LDR shall be resolved in
favor of the requirement that offers the greatest degree of flood damage prevention or
alternatives that would provide an equivalent degree of flood damage prevention and
an equivalent method of construction.
101.5 Building Official. Whenever, the building official is mentioned in the code, it is also
intended to mean the building official's designee, wherever applicable.
SECTION 102
APPLICABILITY
102.1 General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable. Where, in any specific case,
different sections of this code specify different materials, methods of construction or other
requirements, the most restrictive shall govern.
102.1.1 The Florida Building Code does not apply to, and no code
enforcement action shall be brought with respect to, zoning requirements, land use
requirements and owner specifications or programmatic requirements which do not
pertain to and govern the design, construction, erection, alteration, modification,
repair or demolition of public or private buildings, structures or facilities or to
programmatic requirements that do not pertain to enforcement of the Florida
Building Code. Additionally, a local code enforcement agency may not administer or
enforce the Florida Building Code, Building Volume to prevent the sitting of any publicly
owned facility, including, but not limited to, correctional facilities, juvenile justice
facilities, or state universities, community colleges, or public education facilities, as
provided by law.
102.2 Building. The provisions of the Florida Building Code shall apply to the
construction, erection, alteration, modification, repair, equipment, use and occupancy, location,
maintenance, removal and demolition of every public and private building, structure or facility
or floating structure, or any appurtenances connected or attached to such buildings,
structures or facilities. Additions, alterations, repairs and changes of use or occupancy group
in all buildings and structures shall comply with the provisions provided in Chapter 34 of this
code and the Florida Building Code, Existing Building Volume. The following buildings,
structures and facilities, except for those located in a Special Flood Hazard Area, are
exempt from the Florida Building Code as provided by law, and any further exemptions shall
be as determined by the legislature and provided by law:
(a) Building and structures specifically regulated and preempted by the federal
government.
(b) Railroads and ancillary facilities associated with the railroad.
(c) Nonresidential farm buildings on farms.
(d) Temporary buildings or sheds used exclusively for construction purposes.
M
(e) Mobile or modular structures used as temporary offices, except that the
provisions of Part V (Sections 553.501- 553.513, Florida Statutes) relating tc
accessibility by persons with disabilities. Permits shall be required for
structural support and tie down, electrical supply, and all utility connections
shall apply to such mobile or modular structures, as required by this jurisdiction.
(f) Those structures or facilities of electric utilities, as defined in Section 366.02,
Florida Statutes, as may be amended or replaced, which are directly involved in the
generation, transmission or distribution of electricity.
(g) Temporary sets, assemblies or structures used in commercial motion picture or
television production, or any sound - recording equipment used in such production, on
or off the premises.
(h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole
Tribe of Florida. As used in this paragraph, the term "chickee" means an open -sided
wooden but that has a thatched roof of palm or palmetto or other traditional materials,
and that does not incorporate any electrical, plumbing, or other non -wood features.
(i) Family mausoleums not exceeding 250 (23m) square feet in area which are
prefabricated and assembled on site or preassembled and delivered on site and have
walls, roofs, and a floor constructed of granite, marble, or reinforced concrete.
(j) Temporary housing provided by the Department of Corrections to any prisoner in
the state correctional system.
(k). A building or structure having less than 1,000 square feet (93 m2) which is
constructed and owned by a natural person for hunting and which is repaired or
reconstructed to the same dimension and condition as existed on January 1, 2011, if
the building or structure:
1. Is not rented or leased or used as a principal residence;
2. Is not located within the 100 -year floodplain according to the Federal
Emergency Management Agency's current Flood Insurance Rate Map; and
3. Is not connected to an off -site electric power or water supply.
(1) Service providers of water, sewer, storm, gas, cable, telephone, or other similar
utility systems are exempt to the point of service connection for the building or
structure.
102.2.1 In addition to the requirements of Sections 553.79 and 553.80, Florida
Statutes, facilities subject to the provisions of Chapter 395, Florida
Statutes(Hospital Licensing and Regulation),and Parts II and VIII of Chapter
400, Florida Statutes (Nursing Homes), shall have facility plans reviewed and
construction surveyed by the state agency authorized to do so under the requirements
of Chapter 395, Florida Statutes, and Parts II and VIII of Chapter 400, Florida Statutes,
and the certification requirements of the federal government.
-4
102.2.2 Residential buildings or structures moved into or within a county or municipality
shall not be required to be brought into compliance with the state minimum building code
in force at the time the building or structure is moved, provided:
1. The building or structure is structurally sound and in occupiable condition for its
intended use;
2. The occupancy use classification for the building or structure is not changed as a
result of the move;
3. The building is not substantially remodeled;
4. Current fire code requirements for ingress and egress are met- 7
5. Electrical, gas and plumbing systems meet the codes in force at the time of original
construction and are operational and safe for reconnection; and
6. Foundation plans are sealed by a professional engineer or architect licensed to
practice in this state, if required by the applicable Florida Statutes for all
buildings or structures of the same residential occupancy class.
7. The requirements of Florida Building Code, Existing Building Volume, are also
satisfied.
102.2.3 The building official shall apply the same standard to a moved residential
building or structure that applies 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.
1. At its own option, each enforcement district or local enforcement agency may adopt
rules granting to the owner of a single - family residence one or more exemptions
from the Florida Building Code relating to:
a. Additions, alterations, or repairs performed by the property owner upon his or her
own, provided any addition or alteration shall not exceed 1,000 square feet (93 m)
or the square footage of the primary structure, whichever is less.
b. Addition, alteration, or repairs by a non -owner within a certain cost limitation set
by rule, provided the total cost shall not exceed $5,000 within any 12 month period.
c. Building inspection fees.
2. However, the exemptions under section 102.2.5(1) of this code. do not apply to
single - family residences that are located in mapped flood hazard areas, as defined in
the code, unless the enforcement district or local enforcement agency has determined
that the work, which is otherwise exempt, does not constitute a substantial
improvement, including the repair of substantial damage, of such single - family
residences.
3. Each code exemption, as defined in section 102.2.5(1)(a)(b) and (c) of this code,
shall be certified to the local board 10 days prior to implementation and shall only be
effective in the territorial jurisdiction of the enforcement district or local enforcement
agency implementing it.
4. However, each enforcement district or local enforcement agency may establish an
alternative permitting program for replacing nonstructural components of building
systems in a residential dwelling unit. A licensed contractor performing such work for
the resident shall also be exempt from individual permits and inspections if either the
owner or the licensed contractor obtains a valid Annual Permit per Section 105.1.1 of
this code and all such work is reported as required in Section 105.1.2 of this code for
compliance evaluation. No added capacity, system expansion or new building work of
any type shall be excluded from individual permit and inspection by this provision.
102.2.6 This code does not apply to traditional swings and other standard playground
equipment accessory to a one- or two- family dwelling, as determined by the building
official.
Exception: Electrical service to such playground equipment shall be in accordance
with Chapter 27 of this code.
102.3 Application of references. References to chapter or section numbers, or to
provisions not specifically identified by number, shall be construed to refer to such chapter,
section or provision of this code.
102.4 Referenced codes and standards. The codes and standards referenced in this code
shall be considered part of the requirements of this code to the prescribed extent of each
such reference and as further regulated in Sections 102.4.1 and 102.4.2 of this code.
102.4.1 Conflicts. Where conflicts occur between provisions of this code and
referenced codes and standards, the provisions of this code shall apply.
102.4.2 Provisions in referenced codes and standards. Where the extent of the
reference to a referenced code or standard includes subject matter that is within the
scope of this code or the Florida Codes listed in Section 101.4 of this code, the
provisions of this code or the Florida Codes listed in Section 101.4, as applicable,
shall take precedence over the provisions in the referenced code or standard Added
in 2015 code.
102.5 Partial invalidity. In the event that any part or provision of this code is held to be
illegal or void, this shall not have the effect of making void or illegal any other parts or
provisions of this code.
7
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, City of Boynton Beach Property Maintenance Code, the
Codes referenced in Section 101.4 of 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 manufactured building shall comply with wind speed requirements of the new
location, using the appropriate wind speed map. If the existing manufactured 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
manufactured building was manufactured in compliance with the Florida Building Code
(after March 1, 2002), the wind speed map of the Florida Building Code shall be
applicable.
3. A relocated manufactured building shall comply with the flood hazard area requirements
of the new location, if applicable.
102.8 Existing mechanical equipment. An agency or local government may not require
that existing mechanical equipment located on or above the surface of a roof be installed in
compliance with the requirements of the Florida Building Code until the equipment is being
replaced or moved during reroofing and is not in compliance with the provisions of the
Florida Building Code relating to roof - mounted mechanical units.
SECTION 103
BUILDING DIVISION
103.1 Establishment. There is hereby established a division to be called the Building
Division, and the person in charge shall be known as the Building Official. All code officials
employed by the division shall be certified in accordance with Chapter 468, Florida Statutes.
103.2 Employee qualifications. Reserved.
SECTION 104
DUTIES AND POWERS OF THE
BUILDING OFFICIAL
104.1 General. The building official is hereby authorized and directed to enforce the
provisions of this code. The building official shall have the authority to render interpretations
of this code, and to adopt policies and procedures in order to clarify the application of its
provisions. Such interpretations, policies and procedures shall be in compliance with the
intent and purpose of this code. Such policies and procedures shall not have the effect of
waiving requirements specifically provided for in this code.
104.2 Applications and permits. The building official shall receive applications, review
construction documents and issue permits for the erection, and alteration, demolition and
n
moving of buildings, structures, and service systems, inspect the premises for which such
permits have been issued and enforce compliance with the provisions of this code.
104.3 Notices and orders. The building official shall issue all necessary notices or orders to
ensure compliance with this code.
104.4 Inspections. The building official shall make all of the required inspections, or the
building official shall have the authority to accept reports of inspection by approved agencies
or individuals. Reports of such inspections shall be in writing and shall be certified by a
responsible officer of such approved agency or by the responsible individual. The building
official is authorized to engage such expert opinion as deemed necessary to report upon
unusual technical issues that arise, subject to the approval of the appointing authority.
104.5 Identification. The building official shall carry proper identification, as issued by the
jurisdiction, when inspecting structures or premises in the performance of his /her duties
under this code.
104.6 Right of entry.
104.6.1 Where it is necessary to make an inspection to enforce any of the
provisions of this code, or where the building official has reasonable cause to believe
that there exists in any building or upon any premises any condition or code violation
which makes such building, structure, or premises, unsafe, dangerous or hazardous,
the building official is authorized to enter the building, structure or premises at all
reasonable times to inspect or to perform any duty imposed by this code, provided
that if such building, structure or premises are occupied, that credentials be
presented to the occupant and entry requested. If such building, structure, or
premises are unoccupied, the building official shall first make a reasonable effort to
locate the owner or other persons having charge or control of the building, structure,
or premises, and request entry. If entry is refused, the building official shall have
recourse to every, and all remedies provided by law to secure entry.
104.6.2 When the building official obtains a proper inspection warrant or other
remedy provided by law to secure entry, no owner or occupant or any other persons
having charge, care or control of any building, structure, or premises shall fail or
neglect, after proper request is made as herein provided, to promptly permit entry
therein by the building official for the purpose of inspection and examination pursuant
to this code.
104.7 Division records. The building official shall keep official records of applications
received, permits and certificates issued, fees collected, reports of inspections, and notices
and orders issued. Such records shall be retained in the official records for the period
required for retention by the State of Florida record retention guidelines.
104.8 Liability. The building official, member of the board of appeals, board member or
employee charged with the enforcement of this code, while acting for the jurisdiction in good
faith and without malice in the discharge of 4& the duties required by this code or other
pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby
relieved from personal liability for any damage accruing to persons or property as a result of
any act or by reason of an act or omission in the discharge of official duties. Any suit
instituted against an officer or employee or board member because of an act performed by
9
that officer or employee or member in the lawful discharge of duties and under the
provisions of this code shall be defended by legal representative of the jurisdiction until the
final termination of the proceedings. The building official or any subordinate shall not be
liable for cost in any action, suit or proceeding that is instituted in pursuance of the
provisions of this code.
104.9 Approved materials and equipment. Materials, equipment and devices approved
by the building official shall be constructed and installed in accordance with such
approval.
104.9.1 Used materials and equipment. The use of used, recycled, or reclaimed
materials which meet the requirements of this code for new materials is permitted.
Used equipment and devices shall not be reused unless approved by the
building official or designee.
104.10 Modifications. Wherever there are practical difficulties involved in carrying out the
provisions of this code, the building official shall have the authority to grant modifications for
individual cases, upon application of the owner or owner's representative, provided the
building official shall first find that special individual reason makes the strict letter of this
code impractical and the modification is in compliance with the intent and purpose of this
code and that such modification does not lessen health, accessibility, life and fire safety, or
structural requirements. The details of action granting modifications shall be recorded and
entered in the files of the Building Division.
104.10.1 Flood hazard areas. The Building Board of Adjustment and Appeals shall
not grant modifications to any provision required in flood hazard areas as established
by Section 1612.3 of this code and Chapter 4, Article X of the City of Boynton Beach
Land Development Regulations, unless a determination has been made that:
1. A showing of good and sufficient cause that the unique characteristics of the size,
configuration or topography of the site render the elevation standards of Section
1612 inappropriate.
2. A determination that failure to grant the variance would result in exceptional
hardship by rendering the lot undevelopable.
3. A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, cause
fraud on or victimization of the public, or conflict with existing laws or ordinances.
4. A determination that the variance is the minimum necessary to afford relief,
considering the flood hazard.
5. Submission to the applicant of written notice specifying the difference between the
design flood elevation and the elevation to which the building is to be built, stating
that the cost of flood insurance will be commensurate with the increased risk
resulting from the reduced floor elevation, and stating that construction below the
flood elevation design increases risks to life and property.
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 by the building official. An alternative material,
10
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.
104.11.1 Research reports. Supporting data, where necessary to assist in the
approval of materials or assemblies not specifically provided for in this code, shall
consist of valid research reports from approved sources.
104.11.2 Tests. Whenever there is insufficient evidence of compliance with the
provisions of this code, or evidence that a material or method does not conform to the
requirements of this code, or in order to substantiate claims for alternative materials
or methods, the building official shall have the authority to require tests as evidence of
compliance to be made at no expense to the jurisdiction. Test methods shall be as
specified in this code or by other recognized test standards. In the absence of
recognized and accepted test methods, the building official shall approve the testing
procedures. Tests shall be performed by an approved agency. Reports of such tests
shall be retained by the building official for the period required for retention of public
records.
104.12 Requirements not covered by this code. Any requirements necessary for the
strength, stability or proper operation of an existing or proposed building, structure,
electrical, gas, mechanical or plumbing system, or for the public safety, health and general
welfare, not specifically covered by this or the other technical codes, shall be determined by
the building official.
SECTION 105
PERMITS
105.1 Required. Any contractor, owner, or agent authorized in accordance with Florida
Statute Chapter 489 who intends to construct, enlarge, alter, repair, move, demolish, or
change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair,
remove, convert or replace any impact- resistant coverings, electrical, gas, mechanical,
plumbing, fire protection system, or accessible or flood resistant site element, the installation
of which is regulated by this code, or to cause any such work to be done, shall first make
application to the building official and obtain the required permit(s).
105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to
an existing electrical, gas, mechanical, plumbing or interior nonstructural office
system(s), the building official is authorized to issue an annual permit for any
occupancy to facilitate routine or emergency service, repair, refurbishing, minor
renovations of service systems or manufacturing equipment installations /relocations.
The building official shall be notified of major changes and shall retain the right to make
inspections at the facility sites as deemed necessary. An annual facility permit shall be
assessed with an annual fee and shall be valid for one year from date of issuance. A
separate permit shall be obtained for each facility and for each construction trade, as
applicable. The permit application shall contain a general description of the
parameters of work intended to be performed during the year.
11
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 or designee shall have access to such records at all times or
such records shall be filed with the building official as designated. The building
official is authorized to revoke such permit, if code violations are found to exist.
105.1.3 Food permit. 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.
105.1.4 Public swimming pool. The local enforcing agency may not issue a building
permit to construct, develop, or modify a public swimming pool without proof of
application, whether complete or incomplete, for an operating permit pursuant to
Section 514.031, Florida Statutes. A certificate of completion or occupancy may not
be issued until such operating permit is issued. The local enforcing agency shall
conduct their review of the building permit application upon filing and in accordance
with Chapter 553, Florida Statutes. The local enforcing agency may confer with the
Department of Health, if necessary, but may not delay the building permit application
review while awaiting comment from the Department of Health.
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall
not be deemed to grant authorization for any work to be done in any manner in violation of
the provisions of this code or any other laws or ordinances of this jurisdiction, to include
work in any special flood hazard area. Exemptions granted under this section do not relieve
the owner or contractor from their duty to comply with applicable provisions of the Florida
Building Code and requirements of the local Floodplain Ordinance Permits shall not be
required for the following
Building
1. Building permits are not required for replacement or repair work having a value of
less than $1,000.00, providing, however, that such work will not adversely affect
the structural integrity, fire rating, exit access or egress requirements.
2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work,
with no electrical or plumbing work.
3. Temporary motion picture, television and theater sets and scenery.
4. Traditional swings and other standard playground equipment accessory to
detached one- and two- family dwellings, but they may be subject to Zoning
permits.
5. As determined by the building official, retractable awnings supported by an exterior
wall and do not require additional support of Groups R -3 and U occupancies, but
they may be subject to Zoning permits.
6. In the case of roofing repairs, a permit may not be required for work having a value
of less than $500, unless such work effects the structural integrity of the roof.
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7. 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.
Electrical:
1. Repairs and maintenance: Repair or replacement of like common household
electrical fixtures, switches, and outlets on the load side of the electrical source.
Minor repair work, including the replacement of lamps or the connection of
approved portable electrical equipment to approved permanently installed
receptacles.
2. Radio and television transmitting stations: The provisions of this code shall not apply
to electrical equipment used for radio and television transmissions, but do apply to
equipment and wiring for a power supply and the installations of towers and
antennas.
3. Temporary testing systems: A permit shall not be required for the installation of any
temporary system required for the testing or servicing of electrical equipment or
apparatus.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make
such equipment unsafe.
JiMITMITC71F
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated
by this code.
5. Replacement of any part which does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self- contained refrigeration system containing 10 pounds (4.54 kg) or less of
refrigerant and actuated by motors of 1 horsepower (746 W) or less.
8. The installation, replacement, removal or metering of any load management control
device by a utility purveyor.
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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 required
and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and
the removal and reinstallation of water closets, provided such repairs do not involve
or require the replacement or rearrangement of valves, pipes or fixtures.
3. The replacement of common household plumbing fixtures to existing supply lines
and outlets. This does not include water heaters, bathtubs, or showers.
105.2.1 Emergency repairs. Where equipment replacements and repairs must be
performed in an emergency situation, the permit application shall be submitted within
the next working business day to the building official or designee. Notification shall be
given to the building official, including the work address, nature of emergency, and scope
of work immediately, or by the next business day.
105.2.2 Minor repairs. Ordinary minor repairs or installation of replacement parts may be
made with the approval of the building official, without a permit, provided the repairs do
not include the cutting away of any wall, partition or portion thereof, the removal or cutting
of any structural beam or load- bearing support, or the removal or change of any required
means of egress, or rearrangement of parts of a structure affecting the egress
requirements; nor shall ordinary minor repairs include addition to, alteration of, replacement
or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil,
waste, vent or similar piping, electric wiring systems or mechanical equipment or other work
affecting public health or general safety, and such repairs shall not violate any of the
provisions of the technical codes.
105.2.3 Public service agencies. —A permit shall not be required for the installation,
alteration or repair of generation, transmission, distribution or metering or other related
equipment that is under the ownership and control of public service agencies by
established right.
105.3 Application for permit. To obtain a permit, the applicant shall first file an application
thor�c in writing on a form furnished by the Building Division for that purpose. Permit
application forms shall be in the format prescribed by a local administrative board, if applicable,
and must comply with the requirements of Section 713.135(5) and (6), Florida Statutes.
Each application shall be inscribed with the date of application, and the code in effect as of
that date. For a building permit for which an application is submitted prior to the effective
date of the Florida Building Code, the state minimum building code in effect in the permitting
jurisdiction on the date of the application governs the permitted work for the life of the
permit and any extension granted to the permit.
105.3.1 Action on application. The building official shall examine or cause to be
examined applications for permits and amendments thereto within a reasonable time
after filing. If the application or the construction documents do not conform to the
14
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 public or private school or
educational facility.
105.3.1.1 If a state university, Florida college or public school district elects
to use a local government's code enforcement offices, fees charged by counties and
municipalities for enforcement of the Florida Building Code on buildings,
structures, and facilities of state universities, state colleges and public school
districts shall not be more than the actual labor and administrative costs
incurred for plans review and inspections to ensure compliance with the code.
105.3.1.2 No permit may be issued for any building construction, erection,
alteration, modification, repair or addition unless the applicant for such
permit provides to the enforcing agency which issues the permit any of the following
documents which apply to the construction for which the permit is to be
issued and which shall be prepared by or under the direction of an engineer
registered under Chapter 471, Florida Statutes:
1. Plumbing documents for any new building or addition which requires a
plumbing system with more than 250 fixture units or which costs more
than $125,000.
2. Fire sprinkler documents for any new building or addition which
includes a fire sprinkler system which contains 50 or more sprinkler
heads. Personnel as authorized by chapter 633 Florida Statutes, may
design a fire sprinkler system of 49 or fewer heads and may design
the alteration of an existing fire sprinkler system if the alteration
consists of the relocation, addition or deletion of not more than 49
heads, notwithstanding the size of the existing fire sprinkler system.
3. Heating, ventilation, and air - conditioning documents for any new
building or addition which requires more than a 15- ton -per- system
capacity which is designed to accommodate 100 or more persons or
for which the system costs more than $125,000. This paragraph does
not include any document for the replacement or repair of an existing
system in which the work does not require altering a structural part of
the building or for work on a residential one, two, three or four - family
structure. An air - conditioning system may be designed by an installing
air - conditioning contractor certified under Chapter 489, Florida
Statutes, to serve any building or addition which is designed to
accommodate fewer than 100 persons and requires an air -
conditioning system with a value of $125,000 or less; and when a 15-
ton -per system or less is designed for a singular space of a building
and each 15 -ton system or less has an independent duct system.
Systems not complying with the above require design documents that
are to be sealed by a professional engineer.
iM
Example 1: When a space has two 10 -ton systems with each
having an independent duct system, the contractor may design
these two systems since each unit (system) is less than 15 tons.
Example 2: Consider a small single -story office building which
consists of six individual offices where each office has a single
three -ton package air conditioning heat pump. The six heat
pumps are connected to a single water cooling tower. The cost of
the entire heating, ventilation and air - conditioning work is $47,000
and the office building accommodates fewer than 100 persons.
Because the six mechanical units are connected to a common
water tower this is considered to be an 18 -ton system.
NOTE: It was further clarified by the Commission that the limiting
criteria of 100 persons and $125,000 apply to the building
occupancy load and the cost for the total air - conditioning system of
the building.
4. Any specialized mechanical, electrical, or plumbing document for any
new building or addition which includes a medical gas, oxygen, steam,
vacuum, toxic air filtration, halon, or fire detection and alarm system
which costs more than $5,000.
5. Electrical documents. (See Florida Statutes, Section 471.003(2)(h)).
Any electrical or plumbing or air conditioning and refrigeration system
meeting the following thresholds are required to be designed by a
Florida Registered Engineer. The system requires an electrical system
with a value of over $125,000 and requires an aggregate service
capacity of over 600 amperes (240 volts) on a residential electrical
system or over 800 amperes (240 volts) on a commercial or industrial
electrical system.
Documents requiring an engineer seal by this part shall not be valid
unless a professional engineer who possesses a valid certificate of
registration has signed, dated, and stamped such document as provided
in Section 471.025, Florida Statutes.
6. All public swimming pools and public bathing places defined by and
regulated under Chapter 514, Florida Statutes.
105.3.2 Time limitation of application. An application for a permit for any proposed
work shall be deemed to have been abandoned becoming null and void six months
after the date of filing, unless such application has been pursued in good faith or
permit has been issued; except that the building official is authorized to grant one
or more extensions of time for additional periods not exceeding three months
each. The extension shall be requested in writing with justifiable cause
demonstrated. Abandoned applications shall be subject to destruction in accordance
with state law. The fee for renewal, re- issuance, and extension of a permit
application shall be set forth by the administrative authority. There may be fees or
16
requirements from other government agencies for permit application extensions and
renewals.
105.3.3 An enforcing authority may not issue a building permit for any building
construction, erection, alteration, modification, repair or addition unless the permit
either includes on its face or there is attached to the permit the following statement:
"NOTICE: In addition to the requirements of this permit, there may be
additional restrictions applicable to this property that may be found in the public
records of this county such as the requirement for Home or Property Owners
Association approval, and there may be additional permits required from other
governmental entities such as water management districts, state agencies or
federal agencies."
105.3.4 A building permit for a single - family residential dwelling must be
issued within 30 working days of application therefore unless unusual
circumstances require a longer time for processing the application or unless the
permit application fails to satisfy the Florida Building Code or the enforcing agency's
laws or ordinances.
105.3.5 Identification of minimum premium policy. Except as otherwise provided in
Chapter 440, Florida Statutes, Workers' Compensation, every employer shall, as a
condition to receiving a building permit, show proof that it has secured compensation
for its employees as provided in Section 440.10 and 440.38, Florida Statutes.
105.3.6 Asbestos removal. Moving, removal or disposal of asbestos - containing
materials on a residential building where the owner occupies the building, the building
is not for sale or lease, and the work is performed according to the owner - builder
limitations provided in this paragraph. To qualify for exemption under this paragraph,
an owner must personally appear and sign the building permit application. The
permitting agency shall provide the person with a disclosure statement in substantially
the following form:
Disclosure Statement: State law requires asbestos abatement to be done by
licensed contractors. You have applied for a permit under an exemption to that law.
The exemption allows you, as the owner of your property, to act as your own
asbestos abatement contractor even though you do not have a license. You must
supervise the construction yourself. You may move, remove or dispose of
asbestos - containing materials on a residential building where you occupy the
building and the building is not for sale or lease, or the building is a farm
outbuilding on your property. If you sell or lease such building within 1 year after
the asbestos abatement is complete, the law will presume that you intended to sell
or lease the property at the time the work was done, which is a violation of this
exemption. You may not hire an unlicensed person as your contractor. Your work
must be done according to all local, state and federal laws and regulations which
apply to asbestos abatement projects. It is your responsibility to make sure that
people employed by you have licenses required by state law and by county or
municipal licensing ordinances.
105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be
permitted to complete all buildings designed and approved prior to the effective date
of a new code edition, provided a clear signed contract is in place. The contract shall
17
provide specific data, mirroring that as required by an application for permit,
specifically, without limitation, date of execution, building owner or dealer, and
anticipated date of completion. However, the construction activity must commence
within 6 months of the contract's execution. The contract is subject to verification by
the Department of Business and Professional Regulation.
105.3.8 Public right of way. A permit shall not be given by the building official for the
construction, alteration, or relocation of any building impacting any street, alley or
public lane, unless the applicant has received a right of way permit from the authority
having jurisdiction over the right of way.
105.4 Conditions of the permit. The issuance or granting of a permit shall not be
construed to be a permit for, or an approval of, any violation of any of the provisions of this
code or of any other federal, state and local laws, ordinances, codes and regulations.
Permits presuming to give authority to violate or cancel the provisions of this code or other
federal, state and local laws, ordinances, codes and regulations shall not be valid. The
issuance of a permit based on construction documents and other data shall not prevent the
building official from requiring the correction of errors in the construction documents and
other data. The building official is also authorized to prevent occupancy or use of a structure
where in violation of this code or of any other federal, state and local laws, ordinances,
codes and regulations.
105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed
with the work and not as authority to violate, cancel, alter or set aside any of the
provisions of the technical codes, nor shall issuance of a permit prevent the building
official from thereafter requiring a correction of errors in plans, construction or
violations of this code. Every permit issued shall become invalid unless the work
authorized by such permit is commenced within 6 months after its issuance, or if the
work authorized by such permit is suspended or abandoned for a period of 6 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, or
revalidation of the original permit, covering the proposed construction shall be
obtained before proceeding with the work.
105.4.1.2 If a new permit, or revalidation of the original permit, is not obtained within
six months from the date the initial permit became null and void, the building official
is authorized to require that any work which has been commenced or completed
be removed from the building site. Alternately, a new permit may be issued upon
application, providing the work in place and required to complete the structure meets
all applicable regulations in effect at the time the initial permit became null and void
and any regulations which may have become effective between the date of
expiration and the date of issuance of the new permit.
105.4.1.3 Work shall be considered to be in active progress when the permit has
received an approved inspection within six months. This provision shall not be
applicable in case of civil commotion or strike or when the building work is halted
due directly to judicial injunction, order or similar process, or due to action by an
environmental or archeological agency having jurisdiction. The building official is
authorized to grant, in writing, one or more extensions of time, for periods not
IN
more than 3 months each. The extension shall be requested in writing and
justifiable cause demonstrated, prior to expiration.
105.4.1.4 The fee for renewal, reissuance, and extension of a permit shall be
set forth by the administrative authority. There may be fees or requirements from
other government agencies for permit extensions and renewals.
105.5 Expiration. Every permit issued shall become invalid unless the work on the site
authorized by such permit is commenced within six months after its issuance, or if the work
authorized on the site by such permit is suspended or abandoned for a period of six months
after the time the work is commenced. The Building Official is authorized to grant, in writing,
one or more extensions of time, for periods not more than three months each. The
extension shall be requested in writing with justifiable cause demonstrated.
105.6 Denial or Revocation of permits Whenever a permit required under this section is
denied or revoked because the plan, or the construction, erection, alteration, modification,
repair, or demolition of a building or structure, is found by the local enforcing agency to be
not in compliance with the Florida Building Code, the local enforcing agency shall identify
the specific plan or project features that do not comply with the applicable codes, identify the
specific code chapters and sections upon which the finding is based, and provide this
information to the permit applicant. If the local building official finds that the plans are not in
compliance with the Florida Building Code, the local building official shall identify the specific
plan features that do not comply with the applicable codes, identify the specific code
chapters and sections upon which the finding is based, and provide this information to the
local enforcing agency. The local enforcing agency shall provide this information to the
permit applicant.
105.6.1 Misrepresentation of application. The building official may revoke a permit
or approval, issued under the provisions of this code, when there has been any false
statement or misrepresentation as to the material fact in the application or plans on
which the permit or approval was based.
105.6.2 Violation of code provisions. The building official may require correction or
revoke the permit upon determination by the building official that the construction,
erection, alteration, repair, moving, demolition, installation, or replacement of the
building, structure, electrical, gas, mechanical or plumbing systems for which the
permit was issued is in violation of, or not in conformity with, the provisions of this
code.
105.7 Placement of permit. The building permit or copy shall be kept on the site of the work
until the completion of the project.
105.8 Notice of commencement. In accordance with Section 713.135, Florida Statutes,
when any person applies for a building permit, the authority issuing such permit shall print
on the face of each permit card in no less than 14- point, capitalized, boldfaced type:
"WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO
YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF
COMMENCEMENT."
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105.9 Asbestos. The enforcing agency shall require each building permit for the demolition
or renovation of an existing structure to contain an asbestos notification statement which
indicates the owner's or operator's responsibility to comply with the provisions of Section
469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or
her intentions to remove asbestos, when applicable, in accordance with state and federal law.
Refer to Section 105.3.6 "Asbestos Removal" of this code for additional requirements.
105.10 Certificate of protective treatment for prevention of termites. A weather - resistant
job -site posting board shall be provided to receive duplicate treatment certificates as each
required protective treatment for the prevention of termites is completed, supplying one
copy for the person the permit is issued to and another copy for the building permit files. The
treatment certificate shall provide the product used, identity of the applicator, time and date of
the treatment, site location, area treated, chemical used, percent concentration and number
of gallons used, to establish a verifiable record of protective treatment for the prevention of
termites. If the soil chemical barrier method for termite prevention is used, final exterior
treatment shall be completed prior to final building approval. For a bait system, see Section
1816.1.7 of the Florida Building Code for contract document requirements.
105.11 Notice of termite protection. A permanent sign which identifies the termite treatment
provider and need for reinspection and treatment contract renewal shall be provided. The
sign shall be posted near the water heater or electric panel of the structure where
the treatment is being performed.
105.12 Work starting before permit issuance. Upon written request and approval of
the building official, the scope of work delineated in the building permit application and plan
may be started prior to the final approval and issuance of the permit, provided any work
completed is entirely at risk of the permit applicant and the work does not proceed past the
first required inspection. This provision is only fer applies to the Florida Building Code, all
other agency approvals necessary for construction must be secured prior to this provision
being applied.
105.13 Phased permit approval. After submittal of the appropriate construction documents,
the building official is authorized to issue a permit for the construction of foundations or any
other part of a building or structure before the construction documents for the whole building or
structure have been submitted. The holder of such permit for the foundation or other parts
of a building or structure shall proceed at the holder's own risk with the building operation
and without assurance that a permit for the entire structure will be granted. Corrections may be
required to meet the requirements of the technical codes. This provision +s only fer applies to
the Florida Building Code, all other agency approvals necessary for construction must be
secured prior to this provision being applied.
105.14 Permit issued on basis of an affidavit. The building official may accept a sworn
affidavit from a registered architect or engineer stating that the plans submitted conform to
the technical codes. For buildings and structures, the affidavit shall state that the plans
conform to the laws as to egress, type of construction and general arrangement and, if
accompanied by drawings, show the structural design and that the plans and design
conform to the requirements of the technical codes as to strength, stresses, strains, loads
and stability. Whenever a permit is issued in reliance upon an affidavit or whenever the work to
be covered by a permit involves installation under conditions which, in the opinion of the
building official, are hazardous or complex, the building official shall require that the
architect or engineer who signed the affidavit or prepared the drawings or computations
OTIO
shall inspect such work. The building official may without any examination or inspection,
accept such affidavit, provided the architect or engineer who made such affidavit agrees to
submit to the building official copies of inspection reports as inspections are performed. In
addition, they shall certify conformity to the permit, and upon completion of the structure,
electrical, gas, mechanical or plumbing systems make and file with the building official
written affidavit that the work has been done in conformity to the reviewed plans and that
the structure, electrical, gas, mechanical or plumbing system has been erected in
accordance with the requirements of the technical codes. Where the building official relies
upon such affidavit, the architect or engineer shall assume full responsibility for compliance
with all provisions of the technical codes and other pertinent laws or ordinances. In the event
such architect or engineer is not available, the owner shall employ in his stead a competent
person or agency whose qualifications are reviewed by the building official. The building
official shall ensure that any person conducting plan reviews is qualified as a plans
examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting
inspections is qualified as a building inspector under Part III of Chapter 468, Florida
Statutes. Nothing aforesaid shall preclude plan review or inspections by the building official
(see also Section 107.61).
Exception: Permits issued on basis of an affidavit shall not extend to the flood load
and flood resistance requirements of the Florida Building Code.
105.15 Opening protection. When any activity requiring a building permit that is applied
for on or after July 1, 2008, and for which the estimated cost is $50,000 or more for a site
built single family detached residential structures that is located in the wind borne debris
region as defined in this code and that has an insured value of $750,000 or more, or, if the
site built single - family detached residential structures is uninsured or for which
documentation of insured value is not presented, has a just valuation for the structure for
purposes of ad valorem taxation of $750,000 or more; opening protections as required
within this code or Florida Building Code, Residential Volume, for new construction shall be
provided.
Exception: Single- family residential structures permitted subject to the Florida Building
Code are not required to comply with this section.
105.16 Inspection of existing residential building not impacted by construction.
(a) A local enforcing agency, and any local building official, or other official or entity, may
not require as a condition of issuance of a one- or two - family residential building
permit the inspection of any portion of a building, structure, or real property that is not
directly impacted by the construction, erection, alteration, modification, repair, or
demolition of the building, structure, or real property for which the permit is sought.
(b) This subsection does not apply to a building permit sought for:
1. A substantial improvement as defined in Section 161.54, Florida Statutes, or as
defined in the Florida Building Code.
2. A change of occupancy as defined in the Florida Building Code.
3. A conversion from residential to nonresidential or mixed use pursuant to Section
553.507(2)(x), Florida Statutes, or as defined in the Florida Building Code.
4. A historic building, as defined in the Florida Building Code.
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(c) This subsection does not prohibit a local enforcing agency, or any local building code
administrator, inspector, or other official or entity, from:
1. Citing any violation inadvertently observed in plain view during the ordinary course
of an inspection conducted in accordance with the prohibition in paragraph (a) above.
2. Inspecting a physically nonadjacent portion of a building, structure, or real property
that is directly impacted by the construction, erection, alteration, modification, repair,
or demolition of the building, structure, or real property for which the permit is sought
in accordance with the prohibition in paragraph (a) above.
3. Inspecting any portion of a building, structure, or real property for which the owner
or other person having control of the building, structure, or real property has voluntarily
consented to the inspection of that portion of the building, structure, or real property in
accordance with the prohibition in paragraph (a) above.
4. Inspecting any portion of a building, structure, or real property pursuant to an
inspection warrant issued in accordance with Sections 933.20 through 933.30, Florida
Statutes.
105.17 Streamlined low- voltage alarm system installation permitting.
(1) As used in this section, the term:
(a) "Contractor" means a person who is qualified to engage in the business of electrical or
alarm system contracting pursuant to a certificate or registration issued by the Florida
Department of Business and Professional Regulation under Part II of Chapter 489, Florida
Statutes.
(b) "Low- voltage alarm system project" means a project related to the installation,
maintenance, inspection, replacement, or service of a new or existing alarm system, as
defined in Section 489.505, Florida Statutes, operating at low voltage, as defined in the
National Electrical Code Standard 70, and ancillary components or equipment attached to
such a system, including, but not limited to, home - automation equipment, thermostats, and
video cameras.
(2) Notwithstanding any provision of this code, this section applies to low- voltage alarm
system projects for which a permit is required by a local enforcement agency.
(3) This section does not apply to the installation or replacement of a fire alarm if a plan
review is required.
(4) A local enforcement agency shall make uniform basic permit labels available for
purchase by a contractor to be used for the installation or replacement of a new or existing
alarm system at a cost as indicated in Section 553.793, Florida Statutes.
(a) A local enforcement agency may not require a contractor, as a condition of purchasing a
label, to submit information other than identification information of the licensee and proof of
registration or certification as a contractor.
(b) A label is valid for one (1) year after the date of purchase and may only be used within
the jurisdiction of the local enforcement agency that issued the label. A contractor may
purchase labels in bulk for one or more unspecified current or future projects.
(5) A contractor shall post an unused uniform basic permit label in a conspicuous place on
the premises of the low- voltage alarm system project site before commencing work on the
project.
22
(6) A contractor is not required to notify the local enforcement agency before commencing
work on a low- voltage alarm system project. However, a contractor must submit a Uniform
Notice of a Low - Voltage Alarm System Project as provided under subsection (7) below, to
the local enforcement agency within 14 days after completing the project. A local
enforcement agency may take disciplinary action against a contractor who fails to timely
submit a Uniform Notice of a Low - Voltage Alarm System Project.
(7) The Uniform Notice of a Low - Voltage Alarm System Project may be submitted
electronically or by facsimile if all submissions are signed by the owner, tenant, contractor,
or authorized representative of such persons. The Uniform Notice of a Low - Voltage Alarm
System Project shall be in the format prescribed by the local enforcement agency and must
comply with the requirements of Section 553.793(7), Florida Statutes.
(8) A low- voltage alarm system project may be inspected by the local enforcement agency
to ensure compliance with applicable codes and standards. If a low- voltage alarm system
project fails an inspection, the contractor must take corrective action as necessary to pass
inspection.
(9) A municipality, county, district, or other entity of local government may not adopt or
maintain in effect an ordinance or rule regarding a low- voltage alarm system project that is
inconsistent with this section.
(10) A uniform basic permit label shall not be required for the subsequent maintenance,
inspection, or service of an alarm system that was permitted in accordance with this section.
The provisions of this section are not intended to impose new or additional licensure
requirements on persons licensed in accordance with the applicable provisions of Chapter
489, Florida Statutes.
SECTION 106
FLOOR AND ROOF DESIGN LOADS
106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a
commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN /m2),
such design live loads shall be conspicuously posted by the owner in that part of each story
in which they apply, using durable signs. It shall be unlawful to remove or deface such
notices.
106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section
111 of this code shall not be issued until the floor load signs, required by Section 106.1 of
this code, have been installed.
106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be
placed, on any floor or roof of a building, structure or portion thereof, a load greater than is
permitted by this code.
SECTION 107
SUBMITTAL DOCUMENTS
107.1 General. Submittal documents consisting of construction documents, a statement of
special inspections, geotechnical report and other data shall be submitted in two or more
sets with each permit application. The construction documents shall be prepared by a
registered design professional where required by Chapter 471, Florida Statutes, & 61G15
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Florida Administrative Code or Chapter 481, Florida Statutes, & 61 G1 Florida Administrative
Code. Where special conditions exist, the building official is authorized to require
additional construction documents to be prepared by a registered design professional.
Electronic media documents shall be submitted when required by the building official, and
in a format acceptable to the building official, and may require only one set of submittals.
Exception: The building official is authorized to waive the submission of construction
documents and other data not required to be prepared by a registered design
professional if it is found that the nature of the work applied for is such that review
of construction documents is not necessary to obtain compliance with this code.
If the design professional is an architect, interior designer, or engineer legally registered
under the laws of this state regulating the practice of architecture or interior design as
provided for in Chapter 481, Florida Statutes, Part I, or landscape architecture as provided
for in Chapter 481, Florida Statutes, Part 11, or engineering as provided for in Chapter 471,
Florida Statutes, then he or she shall affix his or her official seal to said drawings,
specifications and accompanying data, as required by Florida Statute.
107.2 Construction documents. Construction documents shall be in accordance with
Sections 107.2.1 through 107.2.5 of this code.
107.2.1 Information on construction documents. Construction documents shall be
dimensioned and drawn upon suitable material. Electronic media documents shall
be submitted when approved by the building official. Construction documents shall be
of sufficient clarity to indicate the location, nature and extent of the work
proposed and show in detail that it will conform to the provisions of this code and
relevant laws, ordinances, rules and regulations, as determined by the building
official. Such drawings and specifications shall contain information, in the form of
notes or otherwise, as to the quality of materials, where quality is essential to
conformity with the technical codes. Such information shall be specific, and the
technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its
equivalent be used as a substitute for specific information. All information, drawings,
specifications and accompanying data shall bear the name and signature of the
person responsible for the design. (See also Section 107.1).
107.2.1.1 For roof assemblies required by the code, the construction
documents shall illustrate, describe and delineate the type of roofing system,
materials, fastening requirements, flashing requirements and wind resistance
rating that are required to be installed. Product evaluation and installation shall
indicate compliance with the wind criteria required for the specific site or a
statement by an architect or engineer certifying suitability for the specific site must
be submitted with the construction documents.
107.2.1.2 Additional data. The building official may require details, computations,
stress diagrams, and other data necessary to describe the construction or
installation and the basis of calculations. All drawings, specifications and
accompanying data required by the building official to be prepared by an architect
or engineer shall be affixed with their official seal, signature and date as state law
requires.
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107.2.1.3 Quality of building plans. Building plans shall be drawn to a minimum 1/8 inch
scale upon substantial paper, cloth or other acceptable medium. The building official may
establish, through divisional policy, other standards for plans and specifications, including
electronic format, in order to provide conformity to its electronic permit review and record
retention program. This policy may include such things as minimum size, shape, contrast,
clarity, or other items related to records management. Electronic media must be compatible
with the archive requirements of Florida Statutes.
107.2.2 Fire protection system shop drawings. Shop drawings for the fire
protection system(s) shall be submitted to indicate conformance to this code and the
construction documents and shall be approved prior to the start of system installation.
Shop drawings shall contain all information as required by the referenced installation
standards in Chapter 9 of this code.
107.2.3 Means of egress. The construction documents shall show in sufficient detail
the location, construction, size and character of all portions of the means of egress in
compliance with the provisions of this code. In other than occupancies in Groups R -2,
R -3, and 1 -1, the construction documents shall designate the number of occupants to
be accommodated on every floor, and in all rooms and spaces.
107.2.4 Exterior wall envelope. Construction documents for all buildings shall
describe the exterior wall envelope in sufficient detail to determine compliance with
this code. The construction documents shall provide details of the exterior wall
envelope as required, including flashing, intersections with dissimilar materials,
corners, end details, control joints, intersections at roof, eaves or parapets, means of
drainage, water - resistive membrane and details around openings. The construction
documents shall include manufacturer's installation instructions that provide
supporting documentation that the proposed penetration and opening details
described in the construction documents maintain the weather resistance of the
exterior wall envelope. The supporting documentation shall fully describe the exterior
wall system which was tested, where applicable, as well as the test procedure used.
107.2.5 Site plan. The construction documents submitted with the application for
permit shall be accompanied by a site plan showing to scale the size and location of
new construction and existing structures on the site, distances from lot lines, the
established street grades and the proposed finished grades and, as applicable, flood
hazard areas, floodways, and design flood elevations; and it shall be drawn in
accordance with an accurate boundary line survey. In the case of demolition, the site
plan shall show construction to be demolished and the location and size of existing
structures and construction that are to remain on the site or plot. The building official
is authorized to waive or modify the requirement for a site plan when the application
for permit is for alteration or repair or when otherwise warranted.
107.2.5.1 Design flood elevations. Where design flood elevations are not
specified, they shall be established in accordance with Section 1612.3.1 of this
code.
107.2.5.2 For the purpose of inspection and record retention, site plans for a
building may be maintained in the form of an electronic copy at the worksite.
These plans must be open to inspection by the building official or a duly
authorized representative, as required by the Florida Building Code.
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107.3 Examination of documents. The building official shall examine or cause to be examined
the submittal documents and shall ascertain by such examinations whether the construction
indicated and described is in accordance with the requirements of this code and other
pertinent laws or ordinances.
Exceptions:
1. Building plans approved pursuant to Section 553.77(5), Florida Statutes, and
state - approved manufactured buildings are exempt from local codes enforcing
agency plan reviews except for provisions of the code relating to erection,
assembly or construction at the site. Erection, assembly (including utility
crossover connections) and construction at the site are subject to local permitting
and inspections. Photocopies of plans approved according to Section 913- 1.009,
FAC, shall be sufficient for local permit application documents of record for the
modular building portion of the permitted project.
2. Industrial construction on sites where design, construction and fire safety are
supervised by appropriately licensed design and inspection professionals and which
contain adequate in -house fire departments and rescue squads is exempt, subject
to approval by the building official, from review of plans and inspections, providing
the appropriate licensed design and inspection professionals certify that applicable
codes and standards have been met and supply appropriate approved
drawings to local building and fire - safety inspectors.
107.3.1 Approval of construction documents. When the building official issues a permit,
the construction documents shall be noted, in writing or by stamp, as "Reviewed for Code
Compliance." One set of construction documents so reviewed shall be retained by the
building official. The other set shall be returned to the applicant, shall be kept at the site
of work and shall be open to inspection by the building official or a duly authorized
representative.
107.3.2 Previous approvals. This code shall not require changes in the construction
documents, construction or designated occupancy of a structure for which a lawful permit
has been issued or otherwise lawfully authorized, and the construction of which has
been pursued in good faith within 6 months after the effective date of this code and
has not been abandoned.
107.3.3 Phased approval. The building official is authorized to issue a permit for the
construction of foundations or any other part of a building or structure before the
construction documents for the whole building or structure have been submitted,
provided that adequate information and detailed statements have been filed complying
with pertinent requirements of this code. The holder of such permit for the foundation or
other parts of a building or structure shall proceed at the holder's own risk with the
building operation and without assurance that a permit for the entire structure will be
granted. This provision only applies to the Florida Building Code; all other agency
approvals necessary for construction must be secured prior to this provision being
applied.
107.3.4 Design professional in responsible charge. When it is required that
documents be prepared by a registered design professional, the building official shall be
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authorized to require the owner to engage and designate on the building permit
application a registered design professional who shall act as the registered design
professional in responsible charge. If the circumstances require, the owner shall
designate a substitute registered design professional in responsible charge who shall
perform the duties required of the original registered design professional in responsible
charge. The building official shall be notified in writing by the owner if the registered
design professional in responsible charge is changed or is unable to continue to perform
the duties. The registered design professional in responsible charge shall be
responsible for reviewing and coordinating submittal documents prepared by others,
including phased and deferred submittal items, for compatibility with the design of the
building. Those products which are regulated by DCA Rule 61G20 shall be reviewed
and approved in writing by the designer of record prior to submittal for jurisdictional
approval.
107.3.4.1 Deferred submittals. For the purposes of this section, deferred
submittals are defined as those portions of the design that are not submitted at
the time of the application and that are to be submitted to the building official
within a specified period. Deferral of any submittal items shall have the prior
approval of the building official. The registered design professional in responsible
charge shall list the deferred submittals on the construction documents for review
by the building official. Documents for deferred submittal items shall be submitted
to the registered design professional in responsible charge who shall review them
and forward them to the building official with a notation indicating that the deferred
submittal documents have been reviewed and found to be in conformance to the
design of the building. The deferred submittal items shall not be installed until the
deferred submittal documents have been approved by the building official.
107.3.4.2 Certifications by contractors authorized under the provisions of
Section 489.1 15(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 this 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 this 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 authorized under 489, Florida Statutes.
107.3.5 Minimum plan review criteria for buildings. The examination of the
documents by the building official shall include the following minimum criteria and
documents: a floor plan; site plan; foundation plan; floor /roof framing plan or truss
layout; all fenestration penetrations; flashing; and rough opening dimensions; and all
exterior elevations:
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Commercial Buildings
107.3.5.1.1 Building
Site requirements:
Parking
Fire access
Vehicle loading
Driving /turning radius
Fire hydrant /water supply /post indicator valve (PIV)
Set back/separation (assumed property lines)
Location of specific tanks, water lines and sewer lines
Flood hazard areas, flood zones, and design flood elevations
2. Occupancy group and special occupancy requirements shall be
determined.
3. Minimum type of construction shall be determined (see Table 503).
4. Fire - resistant construction requirements shall include the following
components
Fire-resistant separations
Fire - resistant protection for type of construction
Protection of openings and penetrations of rated walls
Fire blocking and draftstopping and calculated fire resistance
5. Fire suppression systems shall include:
Early warning smoke evacuation systems
Schematic fire sprinklers
Standpipes
Pre - engineered systems
Riser diagram
6. Life safety systems shall be determined and shall include the following
requirements:
Occupant load and egress capacities
Early warning
Smoke control
Stair pressurization
Systems schematic
7. Occupancy load /egress requirements shall include:
Gross
Net
Means of egress
Exit access
Exit
Exit discharge
Stairs construction /geometry and protection
Doors
Emergency lighting and exit signs
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Specific occupancy requirements
Construction requirements
Horizontal exits /exit passageways
8. Structural requirements shall include:
Soil conditions /analysis
Termite protection
Design loads
Wind requirements
Building envelope (including Section 107.2.4)
Structural calculations (if required)
Foundation
Flood requirements in accordance with Section 1612 of this code,
including lowest floor elevations, enclosures, flood damage- resistant
materials
Wall systems
Floor systems
Roof systems
Threshold inspection plan
Stair systems
9. Materials shall be reviewed and shall at a minimum include the following:
Wood
Steel
Aluminum
Concrete
Plastic
Glass
Masonry
Gypsum board and plaster
Insulating (mechanical)
Roofing
Insulation
10. Accessibility requirements shall include the following:
Site requirements
Accessible route
Vertical accessibility
Toilet and bathing facilities
Drinking fountains
Equipment
Special occupancy requirements
Fair housing requirements
11. Interior requirements shall include the following:
Interior finishes (flame spread /smoke development)
Light and ventilation
Sanitation
12. Special systems:
Elevators
OR
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Escalators
Lifts
13.
Swimming pools:
Barrier requirements
Spas
Wading pools
107.3.5.1.2
Electrical
1.
Electrical:
Wiring
Services
Feeders and branch circuits
Overcurrent protection
Grounding
Wiring methods and materials
GFCls
2.
Equipment
3.
Special occupancies
4.
Emergency systems
5.
Communication systems
6.
Low voltage
7.
Load calculations
8.
Design flood elevation
107.3.5.1.3
Plumbing
1.
Minimum plumbing facilities
2.
Fixture requirements
3.
Water supply piping
4.
Sanitary drainage
5.
Water heaters
6.
Vents
7.
Roof drainage
8.
Back flow prevention
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9.
Irrigation
10.
Location of water supply line
11.
Grease traps
12.
Environmental requirements
13.
Plumbing riser
14.
Design flood elevation
107.3.5.1.4
Mechanical
1.
Energy Calculations
2.
Exhaust systems:
Clothes dryer exhaust
Kitchen equipment exhaust
Specialty exhaust systems
3.
Equipment
4.
Equipment location
5.
Make -up air
6.
Roof - mounted equipment
7.
Duct systems
8.
Ventilation
9.
Combustion air
10.
Chimneys, fireplaces and vents
11.
Appliances
12.
Boilers
13.
Refrigeration
14.
Bathroom ventilation
15.
Laboratory
16.
Design flood elevation
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107.3.5.1.5 Gas
1. Gas piping
2. Venting
3. Combustion air
4. Chimneys and vents
5. Appliances
6. Type of gas
7. Fireplaces
8. LP tank location
9. Riser diagram/ shutoffs
10. Design flood elevation
107.3.5.2 Demolition
1. Asbestos removal
107.3.5.3 Residential (One and Two - Family)
1. Site requirements
Set back/separation (assumed property lines)
Location of septic tanks
2. Fire - resistant construction (if required)
3. Smoke detector locations
4. Egress
Egress window size and location stairs construction requirements
5. Structural requirements shall include:
Wall section from foundation through roof, including assembly and
materials connector tables
Termite protection
Design Loads
Wind requirements
Building envelope (including Section 107.2.4)
Structural calculations (if required)
Foundation
Wall systems
Floor systems
Roof systems
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6. Accessibility requirements: show /identify accessible bath
7. Impact resistant coverings or systems
8. Flood hazard areas, flood zones, design flood elevations, lowest floor
elevations, enclosures, equipment, and flood damage- resistant materials
9. Electrical:
Electric service riser with wire sizes, conduit detail and grounding detail
Complete load calculations, Panel schedules
10. Mechanical:
Equipment and location, Duct systems
11. Plumbing:
Plumbing riser
12. Gas:
Gas piping
Venting
Combustion air
Chimneys and vents
Appliances
Type of gas
Fireplaces
LP tank location
Riser diagram /shutoffs
13. Energy Calculations
14. Swimming Pools
Barrier requirements
Spas
Wading pools
107.3.5.4 Exemptions. Plans examination by the building official shall not be
required for the following work:
1. Replacing existing equipment such as mechanical units, water heaters, etc.;
2. Minor electrical, plumbing and mechanical repairs;
3. Annual maintenance permits;
4. Prototype plans: except for local site adaption, siding, foundations and /or
modifications. Except for structures that require waiver; or
5. Manufactured buildings plan except for foundations and modifications of
buildings on site.
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107.4 Amended construction documents. Work shall be installed in accordance with the
approved construction documents, and any changes made during construction that are not in
compliance with the approved construction documents shall be resubmitted for review as an
amended set of construction documents.
107.5 Retention of construction documents. One set of approved construction
documents shall be retained by the building official as required by Florida Statutes.
107.6 Permit issued on basis of an affidavit. The building official may accept a sworn
affidavit from a registered architect or engineer stating that the plans submitted conform to
the technical codes. For buildings and structures, the affidavit shall state that the plans
conform to the laws as to egress, type of construction and general arrangement and, if
accompanied by drawings, show the structural design and that the plans and design
conform to the requirements of the technical codes as to strength, stresses, strains, loads
and stability. Whenever a permit is issued in reliance upon an affidavit or whenever the work to
be covered by a permit involves installation under conditions which, in the opinion of the
building official, are hazardous or complex, the building official shall require that the
architect or engineer who signed the affidavit or prepared the drawings or computations
shall inspect such work. The building official may without any examination or inspection,
accept such affidavit, provided the architect or engineer who made such affidavit agrees to
submit to the building official copies of inspection reports as inspections are performed. In
addition, they shall certify conformity to the permit, and upon completion of the structure,
electrical, gas, mechanical or plumbing systems make and file with the building official
written affidavit that the work has been done in conformity to the reviewed plans and that
the structure, electrical, gas, mechanical or plumbing system has been erected in
accordance with the requirements of the technical codes. Where the building official relies
upon such affidavit, the architect or engineer shall assume full responsibility for compliance
with all provisions of the technical codes and other pertinent laws or ordinances. In the event
such architect or engineer is not available, the owner shall employ in his stead a competent
person or agency whose qualifications are reviewed by the building official. The building
official shall ensure that any person conducting plan reviews is qualified as a plans
examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting
inspections is qualified as a building inspector under Part III of Chapter 468, Florida
Statutes. Nothing aforesaid shall preclude plan review or inspections by the building official.
SECTION 108
TEMPORARY STRUCTURES AND USES
108.1 General. The building official is authorized to issue a permit for temporary structures
and temporary uses. Such permits shall be limited as to time of service, but shall not be
permitted for more than 6 months. The building official is authorized to grant extensions for
demonstrated cause.
108.2 Conformance. Temporary structures and uses shall conform to the structural
strength, fire safety, means of egress, accessibility, light, ventilation and sanitary
requirements of this code as necessary to ensure public health, safety and general welfare.
108.3 Temporary power. The building official is authorized to give permission to temporarily
supply and use power in part of an electric installation before such installation has been fully
completed and the final certificate of completion has been issued. The part covered by the
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temporary certificate shall comply with the requirements specified for temporary lighting, heat
or power in NFPA 70.
108.4 Termination of approval. The building official is authorized to terminate such permit for
a temporary structure or use and to order the temporary structure or use to be removed or use
to be discontinued.
SECTION 109
FEES
109.1 Payment of Fees. A permit shall not be valid until the fees prescribed by law have been
paid, nor shall an amendment to a permit be released until the additional fee, if any, has been
paid
109.1.1 Other fees. A permit shall not be issued until all other fees associated with
said permit are paid. Other fees may include additional fees, penalty fees, water and
sewer capital facility fees, City Park & Recreation fees, Fire Department fees, City
Green Building Fee, Palm Beach County Impact fees and State of Florida fees. Water
and sewer facility fees are established in Chapter 26 of the City of Boynton Beach
Code of Ordinances. The Fire Department fees are established in Chapter 9 of the
City of Boynton Beach Code of Ordinances. The City Green Building fee is
established in the City of Boynton Beach Code Land Development Regulations
Chapter 2, Article 1, Section 5. The city may elect to collect Palm Beach County
Impact fees that include fees for Roads, Public Buildings, Schools and Parks. The
city collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and
Building Code Administrators and Inspectors Fund (BCAIF). When applicable, the
administrative portion of the Art in Public Places fee (30% of the total Art fee) is due
prior to permit issuance.
109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and
plumbing systems or alterations requiring a permit, a fee for each permit shall be
paid as required, in accordance with the schedule as established by the applicable
governing authority.
109.3 Building permit valuations. If, in the opinion of the building official, the claimed
valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems
appears to be underestimated on the application, the permit shall be denied, unless the
applicant can show detailed, quantity estimates, or bona fide signed contracts (excluding
land value) to meet the approval of the building official. For permitting purposes, valuation
of buildings and systems shall be total replacement value to include structural, electric,
plumbing, mechanical, interior finish, relative site work, architectural and design fees,
overhead and profit; excluding only land value. Valuation references may include the latest
published data of national construction cost analysis services, such as, Marshall- Swift,
Means, etc., as published by International Code Congress. Final building permit valuation
shall be set by the building official.
109.3.1 Exemptions.
Manufacturing Equipment:
35
For the purposes of calculating permit fees the cost of equipment used in the process
of manufacturing a product shall be exempt from paying permit fees for any portion of
the cost greater than $10,000 dollars if the following criteria are met:
1. Equipment must have a replacement cost and /or purchase cost greater than
$10,000 dollars per each piece of equipment to be exempted.
2. Equipment must be purchased directly by the owner.
3. Equipment cannot not be an integral part of the building, building envelope,
building system, and /or essential to the operation of the building.
4. The nature of equipment shall be that if a business was to cease to exist or
relocate the equipment would be easily removed from the building.
Note:
All, electric, piping, mounting, structural connections, attachment of auxiliary
equipment necessary to operate the manufacturing equipment will be included in
permit valuation and subject to permit fees.
109.4 Work commencing before permit issuance. Any person who commences any work
on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the
building official's approval or the necessary permits shall be subject to a penalty fee in
addition to the required permit fees, as set in the approved schedule of fees or as provided
by local ordinance. This provision shall not apply to emergency work when delay would
clearly have placed life or property in imminent danger. But in all such cases, there should
be immediate notification to the building official and the required permit(s) must be applied
for within one (1) business day and any unreasonable delay in obtaining those permit(s)
shall result in the charge of a penalty fee. The payment of a penalty fee shall not preclude
or be deemed a substitute for prosecution for commencing work without first obtaining a
permit. The building official may grant extensions of time or adjust penalties when
justification has been demonstrated in writing and approved by the building official.
109.5 Related fees. The payment of the fee for the construction, alteration, removal or
demolition for work done in connection to or concurrently with the work authorized by a
building permit shall not relieve the applicant or holder of the permit from the payment of
other fees that are authorized by law.
109.6 Refunds. All permit fees under this section are non - refundable and non - transferable.
SECTION 110
INSPECTIONS
110.1 General. Construction or work for which a permit is required shall be subject to
inspection by the building official and such construction or work shall remain accessible and
exposed for inspection purposes until approved. Approval as a result of an inspection shall not
be construed to be an approval of a violation of the provisions of this code or of other
ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the
provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the
duty of the permit applicant to cause the work to remain accessible and exposed for
inspection purposes. The building official shall be permitted to require a boundary line
survey, prepared by a qualified surveyor, whenever the boundary lines cannot be readily
determined in the field. Neither the building official nor the jurisdiction shall be liable for
36
expenses entailed in the removal or replacement of any material required to allow
inspection.
110.1.1 Manufacturers and fabricators. When deemed necessary by the building
official, he /she shall make, or cause to be made, an inspection of materials or
assemblies at the point of manufacture or fabrication. A record shall be made of
every such examination and inspection and of all violations of the technical codes.
110.1.2 Other inspection services. The building official may make, or cause to be
made by others, the inspections required by Section 109 of this code. He /she may
accept reports of inspectors of recognized inspection services, provided that after
investigation he /she is satisfied as to their qualifications and reliability. A certificate
called for by any provision of the technical codes shall not be based on such reports
unless the same are in writing and certified by a responsible officer of such service.
The building official may require the owner to employ an inspection service in the
following instances
1 . For buildings or additions of Type I construction;
2. For all major structural alterations;
3. Where the concrete design is based on compressive strength in excess of
3000 pounds per square inch;
4. For pile driving;
5. For buildings with an area greater than 20,000 square feet;
6. For buildings more than two stories in height; or
7. For buildings and structures of unusual design or methods of construction.
Such inspectors shall be present when work is underway on the structural elements
of the building to adequately attest to its compliance. Such inspectors shall be a
registered architect, or engineer. An employee of the architect or engineer licensed
under Chapter 468, Part XII, Florida Statutes may perform the inspections, under the
direction of and with final certification from the architect or engineer. Such inspectors
shall submit weekly progress reports including the daily inspections to the building
official, and including a code compliance opinion of the resident inspector.
At the completion of the construction work or project, the architect or engineer shall
submit a certificate of compliance to the building official, stating that the work was
done in compliance with this code and in accordance with the permitted drawing.
Final inspection shall be made by the building official before a Certificate of
Occupancy or Certificate of Completion is issued; and confirmation inspections may
be made at any time to monitor activities and resident inspectors.
110.1.3 Affidavit for inspection. With specific prior approval of, and in a format
acceptable to the building official, an affidavit for certification of inspection may be
accepted from the permit qualifier; when accompanied by extensive photographic
evidence of sufficient detail to demonstrate code compliance. The photographic
37
evidence shall be comprehensive in the display of the installation and /or construction
and job location identifiers. The affidavit and accompanying photographs shall be
provided to the inspector onsite, at the next scheduled inspection. If the photographs
are found to be insufficient by the building official to demonstrate compliance with this
code and /or the permitted document, or clearly display location identifiers, or are
missing, the inspector shall require the contractor to obtain the services of a
Registered Florida Professional Engineer to inspect and certify the installation and /or
construction.
110.1.3.1 Exception: Affidavits may not be accepted for inspection of
elements of construction which require inspection by the local jurisdiction
under the requirements of 44CFR59 and 44CFR60 and the local flood damage
prevention ordinance.
110.2 Preliminary inspection. Subject to the limitations of F.S. Chapter 553, before
issuing a permit, the building official is authorized to examine or cause to be examined
buildings, structures and sites for which an application has been filed.
110.2.1 Existing building inspections. Before issuing a permit, the building official
may examine or cause to be examined any building, electrical, gas, mechanical, or
plumbing systems for which an application has been received for a permit to enlarge,
alter, repair, move, demolish, install, or change the occupancy. He /she may inspect
the buildings, structures, electrical, gas, mechanical and plumbing systems, from time
to time, before, during and upon completion of the work for which a permit was
issued. He /she shall make a record of every such examination and inspection and of
all observed violations of the technical codes. Additional regulations in Florida
Building Code, Existing Building Volume, may apply.
110.3 Required inspections. The building official upon notification from the permit holder
or his or her agent, shall make the following inspections, and such other inspections
as deemed necessary, and shall either release that portion of the construction or shall
notify the permit holder or his or her agent of any violations which must be corrected in
order to comply with the technical codes. The building official shall determine the timing
and sequencing of when inspections occur and what elements are inspected at each
inspection. A complete survey, or special purpose survey may be required before an
inspection is approved.
A. Building
1. Foundation inspection. To be made after trenches are excavated, forms erected,
and required reinforcing steel is in place. The foundation inspection shall at a
minimum, include the following building components::
• Stem -wall
• Monolithic slab -on -grade
• Pilings and pile caps
• Footings /grade beams
1.1 Slab /Floor Inspection: Concrete slab and under -floor inspections shall
be made after in -slab or under -floor reinforcing steel or framing
members installed and all building service equipment, conduit, piping
01
accessories and other ancillary equipment items are in place, but before
any concrete is placed or floor sheathing installed, including the
subfloor. A foundation /form board survey prepared and certified by a
registered surveyor may be required, prior to approval of the slab
inspection. The survey shall certify placement of the building on the site,
illustrate all surrounding setback dimensions and shall be available at
the job site for review by the building inspector.
1.2 In flood hazard areas, upon placement of the lowest floor, including
basement, and prior to further vertical construction, the elevation
certification, required in Section 1612.5 of this code, shall be submitted
to the building official.
2. Construction Inspections
2.1 Lintel /tie beams /columns /masonry units. To be made after
masonry units, forms, reinforcing steel, shoring, conduit, piping
accessories, and other ancillary equipment items are in place, but
before any concrete is placed.
2.2 Sheathing inspection. To be made either as part of a dry-in inspection
or done separately at the request of the contractor after all roof and wall
sheathing and fasteners are complete and shall at a minimum include the
following building components:
• Roof sheathing
• Wall sheathing
• Floor sheathing
0 Sheathing fasteners
• Roof /wall dry -in.
• Gypsum board, as required
0 Sheathing /cladding inspection
NOTE: Sheathing fasteners installed and found to be missing the
structural member (shiners) shall be corrected prior to installation of the
dry-in material.
2.3 Framing inspection. To be made after the roof deck or sheathing, all
framing, fireblocking and bracing is in place, all concealed wiring,
all pipes, chimneys, ducts and vents are complete and shall at a
minimum include the following building components:
• Window /door framing and installation. Verify rough opening
dimensions are within tolerances, buck and attachments.
• Lintel /tie beams complete, if applicable.
• Framing /trusses /bracing /connectors (including truss layout
drawings)
• Draft stopping /fire blocking
0 Curtain wall framing
• Fire resistant assemblies, joints and penetrations, as
required
• Accessibility.
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3. Roofing inspection. Shall at a minimum include the following building
components:
• Dry -in
• Insulation
• Roof coverings (including in- progress)
• Flashing
4. Energy insulation, thermal and ignition barriers
5. Lath /Drywall. Lath and gypsum board inspections shall be made after lathing
and gypsum board, interior and exterior, is in place, but before any plastering
is applied or gypsum board joints and fasteners are taped and finished.
Exception: Gypsum board that is not part of a fire - resistance- rated assembly
or a shear assembly, unless otherwise determined by the building official.
6. Final inspection. To be made after the building is completed and ready for
occupancy.
6.1. Elevation Certificate. As part of the final inspection, an elevation
certificate shall be submitted to the authority having jurisdiction.
7. Swimming pool inspection.
• First inspection to be made after excavation and installation of reinforcing
steel, bonding and main drain and prior to placing of concrete shell.
• Underground electric inspection
• Underground piping inspection including a pressure test
• Deck inspection: to be made prior to installation of the deck material (with
forms, deck drains, and any reinforcement in placed.
• Final electric inspection to be made prior to filling the swimming pool with
water.
• Final permanent barrier inspection to be made prior to filling the swimming
pool with water.
• In order to pass final inspection and receive a certificate of completion, a
residential swimming pool must meet the requirements relating to pool
safety features as described in Section 424.2.17 of this code.
• Final inspection to be made when the swimming pool is complete and all
required enclosure requirements are in place.
• In order to pass final inspection and receive a certificate of completion, a
residential swimming pool must meet the requirements relating to pool
safety features as described in Section 424.2.17 of this code.
8. Demolition inspections.
• First inspection to be made after all utility connections have been
disconnected and secured in such a manner that no unsafe or unsanitary
conditions shall exist during or after demolition operations.
• Final inspection to be made after all demolition work is completed.
9. Manufactured building inspections. The building P i v i s i ep official shall inspect
construction of foundations; connecting buildings to foundations; installation of
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parts identified on plans as site installed items, joining the modules, including
utility crossovers; utility connections from the building to utility lines on site;
and any other work done on site which requires compliance with the Florida
Building Code. Additional inspections may be required for public educational
facilities (see Section 423.27.20 of this code).
10. Where impact- resistant coverings or impact resistant systems are installed to
meet requirements of this code, the building official shall schedule adequate
inspections of impact- resistant coverings or impact resistant systems to
determine the following:
• The system indicated on the plans was installed.
• The system is installed in accordance with the manufacturer's installation
instructions and the product approval.
B. Electrical
1. Underground inspection (including bonding and ground). To be made after
trenches or ditches are excavated, conduit or cable is installed, and before any
backfill is put in place.
2. Rough -in inspection. To be made after the roof, framing, fireblocking and bracing
is in place and prior to the installation of wall or ceiling membranes.
3. Low Voltage: To be made for security, alarm, elevator, and special uses.
4. Final inspection. To be made after the building is complete, all required electrical
fixtures are in place and properly connected or protected, and the structure is
ready for occupancy.
C. Plumbing
1. Underground inspection. To be made after trenches or ditches are excavated,
piping is installed, and before any backfill is put in place.
2. Rough -in inspection. To be made after the roof, framing, fireblocking and
bracing is in place and all soil, waste and vent piping is complete, and prior
to the installation of insulation (if applicable), or wall or ceiling membranes.
3. Final inspection. To be made after the building is complete, all plumbing fixtures
are in place and properly connected, and the structure is ready for occupancy.
Note: See Section 312 of the Florida Building Code, Plumbing Volume, for
required tests.
BIN JiMIT -M MI
1. Underground inspection. To be made after trenches or ditches are excavated,
underground duct and fuel piping is installed, and before any backfill is put in
place.
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2. Rough -in inspection. To be made after the roof, framing, fire blocking and
bracing are in place and all ducting, and other concealed components are
complete, and prior to the installation of wall or ceiling membranes.
3. Final inspection. To be made after the building is complete, the mechanical
system is in place and properly connected, and the structure is ready for
occupancy.
E. Gas
1. Rough piping inspection. To be made after all new piping authorized by the
permit has been installed, and before any such piping has been covered or
concealed or any fixtures or gas appliances have been connected.
2. Final piping inspection. To be made after all piping authorized by the permit
has been installed and after all portions which are to be concealed by plastering
or otherwise have been so concealed, and before any fixtures or gas
appliances have been connected. This inspection shall include a pressure
test.
3. Final inspection. To be made on all new gas work authorized by the permit
and such portions of existing systems as may be affected by new
work or any changes, to ensure compliance with all the requirements of
this code and to assure that the installation and construction of the gas
system is in accordance with reviewed plans.
F. Site Debris
1. The contractor and /or owner of any active or inactive construction project shall
be responsible for the clean -up and removal of all construction debris or any
other miscellaneous discarded articles prior to receiving final inspection
approval. Construction job sites must be kept clean.
110.3.1 Footing and foundation inspection. Footing and foundation inspections
shall be made after excavations for footings are complete and any required
reinforcing steel is in place. For concrete foundations, any required forms shall be
in place prior to inspection. Materials for the foundation shall be on the job, except
where concrete is already mixed in accordance with ASTM C94, the concrete need
not be on the job.
110.3.2 Concrete slab and under -floor inspection. (Reserved).
110.3.3 Lowest Floor elevation (Reserved).
110.3.4 Frame Inspection (Reserved).
110.3.5 Lath and Gypsum Board Inspection (Reserved).
110.3.6 Fire- and smoke - resistant penetrations. Protection of joints and
penetrations in fire - resistance -rated assemblies, smoke barriers and smoke partitions
shall not be concealed from view until inspected and approved by the building official.
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110.3.7 Energy efficiency inspections. Inspections shall be made to determine
compliance with Chapter 13 of this code and shall include, but not be limited to,
inspections for: envelope insulation R- and U- values, fenestration U- value, duct
system R- value, and HVAC and water - heating equipment efficiency.
110.3.8 Reserved.
110.3.9 Other inspections services. (Reserved).
110.3.10 Inspections prior to issuance of Certificate of Occupancy or
Completion. The building official shall inspect or cause to be inspected, at various
intervals, all construction or work for which a permit is required, and a final inspection
shall be made of every building, structure, electrical, gas, mechanical or plumbing
system upon completion, prior to the issuance of the Certificate of Occupancy or
Certificate of Completion. In performing inspections, the building official or designee
shall give first priority to inspections of the construction, addition, or renovation to,
any facilities owned or controlled by a state university, state community college or
public school district.
110.3.11 Termites. Building components and building surroundings required to be
protected from termite damage in accordance with Section 1503.6 of this code,
Section 2304.13 of this code or Section 2304.11.6 of this code, specifically required
to be inspected for termites in accordance with Section 2114 of this code, or
required to have chemical soil treatment in accordance with Section 1816 of
this code shall not be covered or concealed until the release from the building official
or designee has been received. (Also refer to Sections 105.10 and 105.11 of this
code.)
110.3.12 Impact resistant coverings or systems. Where impact resistant coverings or
systems are installed to meet requirements of this code, the building official shall
schedule adequate inspections of impact resistant coverings or systems to determine the
following:
1. The system indicated on the plans was installed.
2. The system is installed in accordance with the manufacturer's
installation instructions and the product approval.
110.3.13 Reinforcing steel and structural frames. Reinforcing steel or structural
frame work of any part of any building or structure shall not be covered or
concealed without first obtaining a release from the building official. Certification that
field welding and structural bolted connections meet design requirements shall be
submitted to the building official, upon request.
110.4 Inspection agencies. The building official is authorized to accept reports of approved
inspection agencies, provided such agencies satisfy the requirements as to qualifications
and reliability.
110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly
authorized agent to notify the building official when work is ready for inspection. It shall be the
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duty of the permit holder to provide access to and means for inspections of such work that
are required by this code.
110.6 Approval required. Work shall not be done beyond the point indicated in each
successive inspection without first obtaining the written release of the building inspector.
The building inspector, 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 inspector.
110.7 Shoring. For threshold buildings, shoring and associated formwork or falsework shall
be designed and inspected by a Florida - licensed professional engineer, employed by the
permit holder or subcontractor, prior to any required mandatory inspections by the threshold
building inspector.
110.8 Threshold building.
110.8.1 The enforcing agency shall require a special inspector to perform
structural inspections on a threshold building pursuant to a structural inspection plan
prepared by the engineer or architect of record. The structural inspection plan
must be submitted to the enforcing agency prior to the issuance of a building permit
for the construction of a threshold building. The purpose of the structural
inspection plans is to provide specific inspection procedures and schedules so that
the building can be adequately inspected for compliance with the permitted
documents. The special inspector may not serve as a surrogate in carrying out the
responsibilities of the building official, the architect or the engineer of
record. The contractor's contractual or statutory obligations are not relieved by
any action of the special inspector.
110.8.2 The special inspector shall determine that a professional engineer who
specializes in shoring design has inspected the shoring and reshoring for
conformance with the shoring and reshoring plans submitted to the enforcing
agency. A fee simple title owner of a building, which does not meet the minimum
size, height, occupancy, occupancy classification or number -of- stories criteria
which would result in classification as a threshold building under Florida Statute
553.71(7), may designate such building as a threshold building, subject to more
than the minimum number of inspections required by the Florida Building Code.
110.8.3 The fee owner of a threshold building shall select and pay all
costs of employing a special inspector, but the special inspector shall be
responsible to the enforcement agency. The inspector shall be a person certified,
licensed or registered under Chapter 471, Florida Statutes, as an engineer
or under Chapter 481, Florida Statutes, as an architect.
110.8.4 Each enforcement agency shall require that, on every threshold building:
110.8.4.1 The special inspector, upon completion of the building and prior
to the issuance of a certificate of occupancy, file a signed and sealed statement
with the enforcement agency in substantially the following form: "To the best of
my knowledge and belief, the above - described construction of all structural
..
load- bearing components complies with the permitted documents, and the
shoring and reshoring conforms to the shoring and reshoring plans submitted
to the enforcement agency."
110.8.4.2 Any proposal to install an alternate structural product or system
to which building codes apply shall be submitted to the enforcement agency
for review for compliance with the codes and made part of the enforcement
agency's recorded set of permit documents.
110.8.4.3 All shoring and reshoring procedures, plans and details
shall be submitted to the enforcement agency for recordkeeping. Each
shoring and reshoring installation shall be supervised, inspected and certified to
be in compliance with the shoring documents by the contractor.
110.8.4.4 All plans for the building which are required to be signed and
sealed by the architect or engineer of record contain a statement that, "to the
best of the architect's or engineer's knowledge, the plans and specifications
comply with the applicable minimum building codes and the applicable fire -
safety standards as determined by the local authority in accordance with this
section and Chapter 633, Florida Statutes"
110.8.5 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)(x), Florida Statutes, or to a licensed building contractor, as
defined in Section 489.105(3)(b), Florida Statutes, within the scope of her or his
license. The named contractor to whom the building permit is issued shall have
the responsibility for supervision, direction, management and control of
the construction activities on the project for which the building permit was issued.
110.8.6 The building division 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 Division.
The building official is responsible for ensuring that any person conducting
inspections is qualified as a building inspector under Part XII of Chapter 468, Florida
Statutes, or certified as a special inspector under Chapter 471 or 481, Florida
Statutes. Inspections of threshold buildings required by Section 553.79(5), Florida
Statutes, are in addition to the minimum inspections required by this code.
110.9 Impact of construction. All construction activity regulated by this code shall be
performed in a manner so as not to adversely impact the condition of adjacent property,
unless such activity is permitted to affect said property pursuant to a consent granted by the
applicable property owner, under terms or conditions agreeable to the applicable property
owner. This includes, but is not limited to, the control of dust, noise, water or drainage run-
offs, debris, and the storage of construction materials. New construction activity shall not
adversely impact legal historic surface water drainage flows serving adjacent properties, and
may require special drainage design complying with engineering standards to preserve the
positive drainage patterns of the affected sites. Accordingly, developers, contractors and
owners of all new residential development, including additions, pools, patios, driveways,
decks or similar items, on existing properties resulting in a significant decrease of permeable
land area on any parcel or has altered the drainage flow on the developed property shall, as
a permit condition, provide a professionally prepared drainage plan clearly indicating
45
compliance with this paragraph. Upon completion of the improvement, a certification from a
licensed professional, as appropriate under Florida law, shall be submitted to the inspector
in order to receive approval of the final inspection.
SECTION 111
CERTIFICATES OF OCCUPANCY AND
COMPLETION
111.1 Use and Occupancy. No building or structure shall be used or occupied, and no
change in the existing occupancy classification of a building or structure or portion thereof
shall be made until the building official has issued a Certificate of Occupancy therefore as
provided herein. Issuance of a Certificate of Occupancy shall not be construed as an approval
of a violation of the provisions of this code or of other federal, state and local laws,
ordinances, codes and regulations. Said certificate shall not be issued until all required
electrical, gas, mechanical, plumbing and fire protection systems have been inspected for
compliance with the technical codes and other applicable laws and ordinances and released
by the building official.
Exception: Certificates of occupancy are not required for work exempt from permits under
Section 105.2 of this code.
111.2 Certificate issued. After the building official inspects the building or structure and finds
no violations of the provisions of this code or other laws that are enforced by the Building
Division or other agency whose approval is inherent in the building permitting process, the
building official shall issue a Certificate of Occupancy that contains the following
1 . The building permit number.
2. The address of the structure.
3. The name and address of the owner.
4. A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for
compliance with the requirements of this code for the occupancy and division of
occupancy and the use for which the proposed occupancy is classified.
6. For buildings and structures in flood hazard areas, a statement that documentation of
the as -built lowest floor elevation has been provided and is retained in the records of
the building division.
7. The name of the building official.
8. The edition of the code under which the permit was issued.
9. The use and occupancy, in accordance with the provisions of Chapter 3 of this code.
10. The type of construction as defined in Chapter 6 of this code.
11. The design occupant load.
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12. If an automatic sprinkler system is provided, whether the sprinkler system is required.
13. Any special stipulations and conditions of the building permit.
111.3 Temporary /partial occupancy. A temporary /partial Certificate of Occupancy or
Certificate of Completion may be issued for a portion or portions of a building that may
safely be occupied prior to final completion of the building. The building official may require,
once all life safety issues have been complied with, an applicant to provide adequate cash
surety for unfinished work or revision of plans until a permanent Certificate of Occupancy or
Certificate of Completion is granted. The purpose of the cash surety is to insure completion
of work under this permit. Such cash surety shall be equal to one hundred ten percent
(110 %) of the estimated value of the remaining work, including labor and material, as
determined by the design professional. The design professional shall submit a signed and
sealed document attesting to the amount required to cover the cash surety. If work has not
been completed and all finals requested within 90 days of issuance of the initial
Temporary /Partial Certificate of Occupancy or Certificate of Completion, the building official
retains the right to have the applicant surrender the cash surety. The building official then
may use the surety to finish the remaining work. The surety shall be in the form of cash
money, certified check, or cashiers check. The surety shall be returned upon approval of all
final inspections and upon written request that has been approved by the building official.
This provision is only for the Florida Building Code, all other Agency approvals necessary for
construction must be secured prior to this provision being applied.
111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a
Certificate of Occupancy or Certificate of Completion issued under the provisions of this
code wherever the certificate is issued in error, or on the basis of incorrect information
supplied, or where it is determined that the building or structure or portion thereof is in
violation of any ordinance or regulation or any of the provisions of this code.
111.5 Certificate of Completion. Upon satisfactory completion of a building, structure,
electrical, gas, mechanical or plumbing system, a Certificate of Completion may be issued.
This certificate is proof that a structure or system is complete and for certain types of
permits is released for use and may be connected to a utility system. This certificate does
not grant authority to occupy or connect a building, such as a shell building, prior to the
issuance of a Certificate of Occupancy.
111.6 Fixturing and Stocking. The building official is authorized to issue approval for
fixturing, stocking, training, or decorating, when appropriate, to allow the builder to prepare
the structure for permanent occupancy. The building may not be open to the general public
or be used for the transaction of any commerce. Such approval must be conditioned upon
the approval of the Fire Marshal, when applicable.
111.7 Digital Submittal Requirements for New Construction.
111.7.1 Building Footprints. The building official is authorized to require the
submittal of digital shape (CAD) files, in a specific format, depicting a geo- referenced
footprint with elevation for all new structures as a condition of the issuance of a
Certificate of Occupancy.
47
111.7.2 Subdivision Topography. The building official is authorized to require the
submittal of electronic topographical data for all new subdivisions over five acres or
five lots for the purposes of updating and maintaining the community's flood maps.
SECTION 112
SERVICE UTILITIES
112.1 Connection of service utilities. No person shall make connections from a utility,
source of energy, fuel or power to any building or system that is regulated by this code for
which a building permit is required, until released by the building official and a Certificate
of Occupancy or Certificate of Completion is issued. The servicing utility company shall not
connect the power supply until notified by the building official.
112.2 Temporary connection. The building official shall have the authority to authorize the
temporary connection of the building or system to the utility source of energy, fuel or power for
the purpose of testing building service systems or for use under a temporary or partial
Certificate of Occupancy.
112.3 Authority to disconnect service utilities. The building official shall have the
authority to authorize disconnection of utility service to the building, structure or system
regulated by this code and the referenced codes and standards set forth in Section 101.4 of
this code, in case of emergency where necessary to eliminate an immediate hazard to life,
property, unsafe condition, or when such utility connection has been made without the
approval required by Section 112.1 or 112.2 of this code. The building official shall notify the
serving utility, and wherever possible the owner and occupant of the building, structure,
or service system of the decision to disconnect prior to taking such action. If not notified prior
to disconnecting, the owner or occupant of the building, structure, or service system shall be
notified in writing, as soon as practical thereafter.
SECTION 113
BUILDING BOARD OF ADJUSTMENT AND APPEALS
113.1 Appointment. There is hereby established a board to be called the Building Board of
Adjustment and Appeals, which shall consist of seven members and two alternates. The
applicable governing body shall appoint the Board.
113.2 Membership and Terms.
113.2.1 Membership. The Building Board of Adjustment and Appeals shall consist of
seven members. Such board members shall be composed of individuals with
knowledge and experience in the technical codes to include, to the greatest extent
possible, an architect, engineer, general contractor, electrical contractor, HVAC
contractor, plumbing contractor, and any other contractor licensed category. In
addition to the regular members, there should be two alternate members, one
member with the qualifications referenced above and one member at large from the
public. A board member shall not act in a case in which he or she has a personal or
financial interest.
113.2.2.1 Terms. The terms of office of the board members shall be staggered so no
more than one -third of the board is appointed or replaced in any 12 -month period.
The two alternates, if appointed, shall serve one -year terms. Vacancies shall be filled
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for an unexpired term in the manner in which original appointments are required to be
made.
113.2.2.2. Removal from office. Members shall be automatically removed for lack
of attendance. Lack of attendance is defined as a failure to attend three (3)
consecutive meetings or a failure to attend more than one -half of the meetings
scheduled during a calendar year. Participation for less than three - fourths of a
meeting shall be the same as a failure to attend a meeting. Members removed
pursuant to this provision shall not continue to serve on the board and such removal
shall create a vacancy.
113.2.3 Quorum and voting. A simple majority of the board shall constitute a
quorum. In varying any provision of this code, the affirmative votes of the majority
present, but not less than three affirmative votes, shall be required. In modifying a
decision of the building official, not less than four affirmative votes, but not less than a
majority of the board, shall be required. In the event that regular members are unable
to attend a meeting, the alternate members, if appointed, shall vote.
113.2.4 Secretary of board. The building official or his /her authorized representative
shall act as secretary of the board and shall make a record of all of its proceedings,
which shall set forth the reasons for its decision, the vote of each member, the
absence of a member, and any failure of a member to vote.
113.3 Powers. The Building Board of Adjustments and Appeals shall have the power, as
further defined in 113.4 of this code, to hear appeals of decisions and interpretations of the
building official and consider variances of the technical codes.
113.4 Appeals.
113.4.1 Decision of the building official. The owner of a building, structure or
service system, or duly authorized agent, may appeal a decision of the building
official to the Building Board of Adjustment and Appeals whenever any one of the
following conditions are claimed to exist:
1. The building official rejected or refused to approve the mode or manner of
construction proposed to be followed or materials to be used in the installation or
alteration of a building, structure or service system.
2. The provisions of this code do not apply to this specific case.
3. That an equally good or more desirable form of installation can be employed in
any specific case, which the building official has rejected or refused.
4. The true intent and meaning of this code or any of the regulations hereunder have
been misconstrued or incorrectly interpreted.
113.4.2 Variances. The Building Board of Adjustments and Appeals, when upon
written request, has been so appealed to and after a hearing, may vary the
application of any provision of this code to any particular case when, in its opinion,
the enforcement thereof would do manifest injustice and would be contrary to the
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spirit and purpose of this or the technical codes or public interest, and also finds all of
the following:
1. That special conditions and circumstances exist which are peculiar to the building,
structure or service system involved and which are not applicable to others.
2. That the special conditions and circumstances do not result from the action or
inaction of the applicant.
3. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this code to other buildings, structures or service system.
4. That the variance granted is the minimum variance that will make possible the
reasonable use of the building, structure or service system.
5. That the grant of the variance will be in harmony with the general intent and
purpose of this code and will not be detrimental to the public health, safety and
general welfare.
113.4.2.1 Conditions of the variance. In granting the variance, the board may
prescribe a reasonable time limit within which the action for which the variance is
required shall be commenced or completed or both. In addition, the board may
prescribe appropriate conditions and safeguards in conformity with this code.
Violation of the conditions of a variance shall be deemed a violation of this code.
113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30
calendar days after the building official renders the decision. Appeals shall be in a
form acceptable to the building official.
113.4.4 Unsafe or dangerous buildings or service systems. In the case of a
building, structure or service system, which in the opinion of the building official, is
unsafe, unsanitary or dangerous, the building official may, in the order, limit the time
for such appeals to a shorter period.
113.5 Procedures of the board.
113.5.1 Rules and regulations. The board shall establish rules and regulations for
its own procedure not inconsistent with the provisions of this code. The board shall
meet on call of the chairman, subsequent to a request to call a meeting by the
secretary. The board shall meet within 30 calendar days after notice of appeal has
been received.
113.5.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but
fundamental due process should be observed and govern the proceedings. Upon
determination by the chairman, irrelevant, immaterial, or unduly repetitious
evidence may be excluded, but all other evidence of a type commonly relied upon
by reasonable, prudent persons in the conduct of their affairs shall be admissible,
whether or not such evidence would be admissible in a trial in the courts of
Florida. Any part of the evidence may be received in written form. The Board may
request certain evidence from the petitioner to be provided by an architect or
50
engineer registered in the State of Florida, in which case, said evidence shall be
signed, sealed, and dated.
113.5.1.2 Testimony. Any member of the Board or the attorney representing the
Board may inquire of, or question, any witness before the Board. Any member of
the Board, the petitioner or his /her attorney, and /or the building official shall be
permitted to inquire of any witness before the Board. The Board may consider
testimony presented by the building official, the petitioner, or any other witness.
113.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every
case, reach a decision without unreasonable or unnecessary delay. Each decision of
the board shall also include the reasons for the decision. If a decision of the board
reverses or modifies a refusal, order, or disallowance of the building official or varies
the application of any provision of this code, the building official shall immediately
take action in accordance with such decision. Every decision shall be promptly filed
in writing in the office of the building official and shall be open to public inspection. A
certified copy of the decision shall be sent by mail or otherwise to the appellant and a
copy shall be kept publicly posted in the office of the building official for two weeks
after filing. Every decision of the board shall be final; subject however to such remedy
as any aggrieved party might have at law or in equity.
113.6 Local Construction Regulation Board. The local government may also utilize
this Board to convene as the Local Construction Regulation Board (LCRB), as
provided in Florida Statute 489.113. The LCRB may deny, suspend, revoke or limit
the authority of a certified contractor to obtain a building permit or permit with specific
conditions, if the LCRB has found such contractor, through public hearing, to be guilty
of fraud or a willful building code violation within the county or municipality that the
LCRB represents. The LCRB may also, deny, suspend, revoke or limit the authority
of a certified contractor to obtain a building permit or permit with specific conditions, if
it has proof through the public hearing process, that a contractor has been found
guilty in another county or municipality within the past 12 months, of fraud or a willful
building code violation and after providing notice of an opportunity to be heard to the
contractor, finds that such fraud or violation would have been fraud or a violation if
committed in the county or municipality that the LCRB represents. Notification of and
information concerning such permit denial shall be submitted to the division within 15
days after the LCRB decides to deny the permit.
SECTION 114
VIOLATIONS
Any person, firm, corporation or agent who shall violate a provision of this code, or
fail to comply therewith, or with any of the requirements thereof, or who shall erect,
construct, alter, install, demolish or move any structure, electrical, gas, mechanical or
plumbing system, or part thereof, or has erected, constructed, altered, repaired, moved or
demolished a building, structure, electrical, gas, mechanical or plumbing system, or part
thereof, without full compliance with applicable codes, laws, ordinances, rules and
regulations, shall be guilty of a misdemeanor. Each such person shall be considered guilty
of a separate offense for each and every day or portion thereof during which any violation of
any of the provisions of applicable codes, laws, ordinances, rules and regulations is
committed or continued, and upon conviction of any such violation such person shall be
punished within the limits and as provided by state laws. Nothing in this section shall prevent
51
the authority having jurisdiction from imposing fines, liens, or seek injunctive relief, or
exercising other enforcement powers as permitted by law. Code enforcement and penalties
of Chapter 162 Florida Statutes Part I shall be authorized if building work begins without
payment of all required fees, and for the purposes of enforcing this code, code officials
licensed under Florida Statute 468 Part XII are deemed "Code Inspectors," as defined in
Florida Statute 162.04.
SECTION 115
STOP WORK ORDER
115.1 Stop work orders. Upon notice from the building official, work on any building,
structure, electrical, gas, mechanical or plumbing system that is being done contrary to the
provisions of this code or in a dangerous or unsafe manner, shall immediately cease.
115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the
property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a
stop work order, the cited work shall immediately cease. The stop work order shall state the
reason for the order, and the conditions under which the cited work will be permitted to
resume. Where an emergency exists, the building official shall not be required to give a
written notice prior to stopping the work.
115.3 Unlawful continuance. Any person who shall continue any work after having been
served with a stop work order, except such work as that person is directed to perform to
remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.
SECTION 116
UNSAFE STRUCTURES AND EQUIPMENT
116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical
or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or
which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation
to existing use, constitute a hazard to safety or health, are considered unsafe buildings or
service systems. All such unsafe buildings, structures or service systems are hereby
declared illegal and shall be ordered by the building official to be abated by the owner,
through repair and rehabilitation or by demolition in accordance with the this Code. The
extent of repairs shall be determined by the building official. When the building official
determines that an unsafe building, structure, or service system cannot be reasonably
repaired in accordance with this or the technical codes, it shall be demolished in accordance
with this section.
116.1.1 When the building official determines a building, structure, electrical, gas,
mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code
he /she shall provide the owner, agent or person in control of such building, structure,
electrical, gas, mechanical or plumbing system a written notice of violation stating the
defects thereof. This notice shall require the owner within a stated time either to
complete specified repairs or improvements, or to demolish and remove the building,
structure, electrical, gas, mechanical or plumbing system or portion thereof.
116.1.1.1 In addition to the written notice being sent by certified mail, return
receipt requested to the record owner(s) of the real property upon which the
unsafe building, structure, system is located, the building official shall post a
52
copy of the notice in a conspicuous place in City Hall, upon the building,
structure or system, and a copy shall be recorded in the public records of Palm
Beach County.
116.1.1.2 In addition, a copy of the notice, as outlined in this sub - section, shall
be published simultaneously for two consecutive weekends in a newspaper of
local circulation. Such notice shall be substantially in the following form:
NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND
INSPECT
(Insert Date of Notice)
The owner or other interested parties for the structure located at (address), are
hereby notified that the City of Boynton Beach, Florida will proceed to have the
building, structure or system repaired, demolished or removed (insert
stipulated time) after the date of this Notice, if said building, structure or
system is not substantially repaired, demolished or removed by that date. All
costs incurred by the City in connection with the repair, demolition or removal
will be assessed against the property.
If, as a result of this Notice, the building, structure or system is substantially
repaired, demolished, or removed by the owner, notice is hereby given that
work to abate the unsafe condition requires building permits and inspections
for code compliance, and all related fees are required to be paid prior to
performing the work or receiving certification of code compliance.
To request an extension of time, the owner should contact (Contact Person
and Phone Number) within ten (10) days of the date of this Notice. Said
request for extension must be made in writing to the building official.
An affected owner or duly authorized agent has the right to appeal this action
to the Building Board of Adjustment and Appeals. An application of appeal
should be filed in writing and hearing costs paid by the affected owner or duly
authorized agent, at the City of Boynton Beach Building Division Office, within
(insert stipulated time) of the date of this Notice. The fee to cover hearing
costs shall be established by ordinance.
116.1.1.3 Evidence that an attempt has been made to hand deliver or mail the
Notice, as provided herein, together with a copy of the recorded "Notice of
Intent to Demolish or Substantially Repair and Inspect" at the Clerk of the
Court Office, and proof of publication, shall be sufficient to show that the notice
requirements of this Section have been met, without regard to whether or not
the owner actually received said notice.
116.1.2 If necessary, the notice shall also require the building, structure, electrical,
gas, mechanical, plumbing systems or portion thereof to be vacated and /or
disconnected, and not reoccupied and /or reconnected until the specified repairs and
improvements are completed, inspected and approved by the building official. The
building official shall post at each entrance to the building a placard stating: THIS
BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED
53
BY THE BUILDING OFFICIAL. This placard shall remain posted until the required
repairs are made or demolition is completed. It shall be unlawful for any person, firm
or corporation or its officers, agents, or other servants, to remove the posting without
written permission of the building official, or for any person to enter the building, or
use the building or system(s) except for the purpose of making the required repairs or
of demolishing same.
116.1.3 In case the owner, agent, or person in control cannot be found within the
stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or
refuse to comply with notice to repair, rehabilitate, or to demolish, and remove said
building, structure, electrical, gas, mechanical or plumbing system or portion thereof,
the building official, after having ascertained the cost may take action to cause such
building, structure, electrical, gas, mechanical or plumbing system or portion thereof,
to be demolished, secured, repaired, or required to remain vacant or unused. Taking
such action does not create a continuing obligation on the part of the building official
to continue with maintaining such building, structure, or system; or create liability for
any damage to the property.
116.1.4 The decision of the building official shall be final in cases of emergency,
which, in the opinion of the building official, involve imminent danger to human life or
health, or the property of others. He /she shall promptly cause such building,
structure, electrical, gas, mechanical or plumbing system or portion thereof to be
made safe or cause its removal. For this purpose he /she may at once enter such
structure or land on which it stands, or abutting land or structures, with such
assistance and at such cost as he may deem necessary. He /she may order the
vacating of adjacent structures and may require the protection of the public by
appropriate fence or such other means as may be necessary, and for this purpose
may close a public or private way.
116.2 Reserved.
116.3 Administrative fines; costs to repair; liens. Costs incurred under 116.1.3 and
116.1.4 shall be charged to the owner of the premises involved. If charges are not paid
within a ten (10) day period following mailing of the billing notification sent by certified mail,
the owner of the premises will be charged in the following manner:
1. The building official shall assess the entire cost of such vacation, demolition,
securing, or removal against the real property upon which such cost was incurred,
which assessment shall include but not be limited to all administrative costs, postal
expenses, and shall constitute a lien upon such property superior to all others except
taxes.
2. The Clerk of the Circuit Court shall file such lien in the County's Official Record
Book showing the nature of such lien, the amount thereof and an accurate legal
description of the property, including the street address, which lien shall be effective
from the date of filing and recite the names of all persons notified and interested
persons. After three (3) months from the filing of any such lien which remains unpaid,
the governing body may foreclose the lien in the same manner as mortgage liens are
foreclosed. Such lien shall bear interest from date of abatement of nuisance at the
rate of ten (10) percent per annum and shall be enforceable if unsatisfied as other
liens may be enforced by the governing agency.
54
116.4 Appeal. The owner, agent, or person in control of an unsafe structure or
system shall have the right to appeal the decision of the building official, as provided
hereinafter, and to appear before the Building Board of Adjustments and Appeals at a
specified time and place to show cause why they should not comply with said notice.
SECTION 117
VARIANCES IN FLOOD HAZARD AREAS
117.1 Flood hazard areas. Pursuant to Section 553.73(5), Florida Statutes, the variance
procedures adopted in the local floodplain management ordinance shall apply to requests
submitted to the building official for variances to the provisions of Section 1612.4 of the
Florida Building Code, Building Volume, or, as applicable, the provisions of R322 of the
Florida Building Code, Residential Volume. This section shall not apply to Section 3109 of
the Florida Building Code, Building Volume.
SECTION 118
WIND LOADS
(Section 1609, Florida Building Code)
The basic wind speed in miles per hour, for development of wind loads, shall be determined
from figure 1609, said Basic Wind Speed for Boynton Beach as depicted on map Figure
1609A, Figure 1609B, and Figure 1609C is hereby added to this code.
SECTION 119
SEVERABILITY
If any section, subsection, sentence, clause or phrase of this code is for any reason
held to be unconstitutional, such decision shall not affect the validity of the remaining
portions of this code.
55
BOYNTON BEACH
Figure 1609A
Ultimate Design Wind Speeds
Risk Category II Buildings
BASIC WIND SPEED. The basic wind speed in miles per hour, for the development of
wind loads, shall be determined from Figure 1609. The exact location of wind speed lines
shall be established by local ordinance using recognized physical landmarks such as major
roads, canals, rivers and lake shores whenever possible.
WIND -BORNE DEBRIS REGION. Areas within hurricane -prone regions located:
1. Within 1 mile (1.61 km) of the coastal mean high water line where the ultimate design
wind speed Vult is 130 mph (48 m/s) or greater; or
2. In areas where the ultimate design wind speed Vult is 140 mph (53 m /s) or greater
For Risk Category II buildings and structures and occupancy category III buildings and structures,
except health care facilities, the windborne debris region shall be based on Figure 1609A.
For occupancy category IV buildings and structures and occupancy category III health care facilities,
the windborne debris region shall be based on Figure 16098.
Figure 1609A Ultimate Design Wind Speeds,
for Risk Category 11 Buildings and Other Structures
140 > > N
Notes:
1. Values are nominal design 3- second
gust wind speeds in miles per hour
(m /s) at 33 ft (10m) above ground
for Exposure C category.
2. Linear interpolation between contours
is permitted.
3. Islands and coastal areas outside the
last contour shall use the last wind
speed contour of the coastal area.
4. Mountainous terrain, gorges, ocean
promontories, and special wind regions
shall be examined for unusual wind
conditions.
5. Wind speeds correspond to approximately
a 7% probability of exceedance in 50 years
(Annual Exceedance Probability = 0.00143,
MRI = 700 years).
O
0
Sources: Florida Department of Community Affairs, Codes and Standards Division;
Applied Research Associates, Inc.; Florida Geographic Data Library
BOYNTON BEACH
Figure 1609B
Ultimate Design Wind Speeds
Risk Category III and IV Buildings
BASIC WIND SPEED. The basic wind speed in miles per hour, for the development of
wind loads, shall be determined from Figure 1609. The exact location of wind speed lines
shall be established by local ordinance using recognized physical landmarks such as major
roads, canals, rivers and lake shores whenever possible.
WIND -BORNE DEBRIS REGION. Areas within hurricane -prone regions located:
1. Within 1 mile (1.61 km) of the coastal mean high water line where the ultimate design
wind speed Vult is 130 mph (48 m /s) or greater; or
2. In areas where the ultimate design wind speed Vult is 140 mph (53 m /s) or greater
For Risk Category II buildings and structures and occupancy category III buildings and structures,
except health care facilities, the windborne debris region shall be based on Figure 1609A.
For occupancy category IV buildings and structures and occupancy category III health care facilities,
the windborne debris region shall be based on Figure 16098.
Figure 1609B Ultimate Design Wind Speeds,
for Risk Category III and IV Buildings and Other Structures
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Notes:
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1. Values are nominal design 3- second
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gust wind speeds in miles per hour
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(m /s) at 33 ft (10m) above ground
for Exposure C category.
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promontories, and special wind regions
Q
shall be examined for unusual wind
Z
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conditions.
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5. Wind speeds correspond to approximately
a 3% probability of exceedance in 50 years
200®
(Annual Exceedance Probability = 0.000588,
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BOYNTON BEACH
Figure 1609B
Ultimate Design Wind Speeds
Risk Category III and IV Buildings
BASIC WIND SPEED. The basic wind speed in miles per hour, for the development of
wind loads, shall be determined from Figure 1609. The exact location of wind speed lines
shall be established by local ordinance using recognized physical landmarks such as major
roads, canals, rivers and lake shores whenever possible.
WIND -BORNE DEBRIS REGION. Areas within hurricane -prone regions located:
1. Within 1 mile (1.61 km) of the coastal mean high water line where the ultimate design
wind speed Vult is 130 mph (48 m /s) or greater; or
2. In areas where the ultimate design wind speed Vult is 140 mph (53 m /s) or greater
For Risk Category II buildings and structures and occupancy category III buildings and structures,
except health care facilities, the windborne debris region shall be based on Figure 1609A.
For occupancy category IV buildings and structures and occupancy category III health care facilities,
the windborne debris region shall be based on Figure 16098.
Figure 1609B Ultimate Design Wind Speeds,
for Risk Category III and IV Buildings and Other Structures
Sources: Florida Department of Community Affairs, Codes and Standards Division;
Applied Research Associates, Inc.; Florida Geographic Data Library
Notes:
Q
1. Values are nominal design 3- second
Q
gust wind speeds in miles per hour
V_
(m /s) at 33 ft (10m) above ground
for Exposure C category.
.
Q
2. Linear interpolation between contours
0 -
is permitted.
3. Islands and coastal areas outside the
Q
last contour shall use the last wind
1`
speed contour of the coastal area.
r
4. Mountainous terrain, gorges, ocean
promontories, and special wind regions
Q
shall be examined for unusual wind
Q
conditions.
o
5. Wind speeds correspond to approximately
a 3% probability of exceedance in 50 years
200®
(Annual Exceedance Probability = 0.000588,
M RI = 1700 years).
._
Sources: Florida Department of Community Affairs, Codes and Standards Division;
Applied Research Associates, Inc.; Florida Geographic Data Library
BOYNTON BEACH
Figure 1609C
Ultimate Design Wind Speeds
Risk Category I Buildings
BASIC WIND SPEED. The basic wind speed in miles per hour, for the development of
wind loads, shall be determined from Figure 1609. The exact location of wind speed lines
shall be established by local ordinance using recognized physical landmarks such as major
roads, canals, rivers and lake shores whenever possible.
WIND -BORNE DEBRIS REGION. Areas within hurricane -prone regions located:
1. Within 1 mile (1.61 km) of the coastal mean high water line where the ultimate design
wind speed Vult is 130 mph (48 m /s) or greater; or
2. In areas where the ultimate design wind speed Vult is 140 mph (53 m /s) or greater
For Risk Category II buildings and structures and occupancy category III buildings and structures,
except health care facilities, the windborne debris region shall be based on Figure 1609A.
For occupancy category IV buildings and structures and occupancy category III health care facilities,
the windborne debris region shall be based on Figure 16098.
Sources: Florida Department of Community Affairs, Codes and Standards Division;
Applied Research Associates, Inc.; Florida Geographic Data Library