Agenda 09-25-19S:\Development\BUILDING\Building Board of Adjustments & Appeals\FY 2018-2019\1101 N Federal Hwy\Agenda 2019.09.25.doc
A G E N D A
BUILDING BOARD OF ADJUSTMENT AND APPEALS
DATE: Wednesday, September 25, 2019
TIME: 11:00 A.M.
PLACE: BOYNTON BEACH INTRACOASTAL PARK CLUBHOUSE
COMMISSION CHAMBERS
2240 N. FEDERAL HIGHWAY
A. CALL TO ORDER –
B. ELECT NEW CHAIRPERSON –
C. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS
D. APPROVAL OF AGENDA & MINUTES (MINUTES OF 08/14/2019 MEETING)
E. OLD BUSINESS
F. NEW BUSINESS Applicant: Mr. Wing Kei Ho and Mrs. Karen Yeh Ho
Reference: 1101-1103 N. Federal Highway, Boynton Beach, FL
Explanation: A continuation hearing has been requested by the
Board on August 14th, 2019, requesting that a
Florida Licensed Structural Engineer perform an
inspection and provide an evaluation report within
the 30 days to determine the building integrity and
structural soundness.
G. ANNOUNCEMENTS
The Board (Committee) may only conduct public business after a quorum has been established. If no
quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk or
her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board
members may not participate further even when purportedly acting in an informal capacity.
NOTICE
Any person who decides to appeal any decision of the Building Board of Adjustment and Appeals with respect to any matter
considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Please contact the
City Clerk’s office, (561) 742-6060, at least twenty-four (24) hours prior to the program or activity in order for the City to
reasonably accommodate your request.
XC: Members and Alternates of the Building Board of Adjustment & Appeals, Applicant(s), City Manager,
City Attorney, City Clerk, Director of Development & Building Official
EXHIBIT A MINUTES
EXHIBIT B BOARD ORDER AND ENGINEERS REPORT/EMAIL
CITY OF BOYNTON BEACH
BUILDING BOARD OF ADJUSTMENT AND APPEALS
IN RE: APPEAL FROM ORDER OF DEMOLITION
Applicants: Wing Kei Ho and Karen Yeh Ho
ORDER GRANTING STAY OF DEMOLITION
The April 04, 2019 appeal filed by Wing Kei Ho and Karen Yeh Ho (hereinafter referred to as
(“Applicant") came before the City's Building Board of Adjustment and Appeals on August 14,
2019 for hearing. The Applicant appealed a December 19, 2018 Notice of Unsafe Building
issued by Shane Kittendorf, Building Official of the City of Boynton Beach. The applicant
represented himself.
The City's Building Board of Adjustment and Appeals (hereinafter referred to as the “Board”)
after review of the testimony and evidence provided by the Building Official, and the arguments
of Applicant and his attorney finds:
1. The Building Official has determined that property owned by Applicant located at 1101-
1103 N. Federal Highway in Boynton Beach, Florida is unsafe, unsanitary, a fire
hazard, and dangerous to human life which is supported by the record and is not
disputed.
2. By issuance of his December 19, 2018 Notice of Unsafe Building, the Building
Official advised the Applicant of his findings and ordered the repair, rehabilitation or
demolition of the unsafe building.
3. The Applicant filed their appeal of the Building Official’s notice and sought an
extension of time to repair and rehabilitate the property and thereby avoid its demotion by
the City.
4. The applicant contest the unsafe condition of the building but asserted that the
building can be repaired to a safe condition if given a reasonable period of time to
effectuate the repairs.
5. The Board, following testimony of the Applicant and the Building Official finds that
the Applicant has 30 days to come up with their own engineering report that shows the
structure’s walls are fine so there is no imminent danger to the Public and a
continuance hearing scheduled.
6. The Board finds that the building is unsafe but that the Applicant should be granted 30
days for an independent engineering report by the Applicant’s engineer to determine
the safety of the building. The board motion to continue the hearing and granted 30
days to seek a structural engineering report and a copy filed with the Building Official
before the hearing continues so there is an opportunity to evaluate it.
7. Motion: Mr. Podray offered a motion for discussion. Applicant have 30 days to
get a structural engineer or the equivalent inside that building to deem it a safe
structure and if that is satisfactory and he produce a report to the Building
Official’s satisfaction, give them 18 months, because they would do so for the
rehab. He thought as long as the building is safe, the Board should not enter a
slippery slope argument that debates what constitutes a structural compromised
roof versus a leaky roof or what rot looks like on the soffit. He suggested 30 days
to prove it safe, and if that is the case, they will bring it to the 18 months according
to the motion and the Applicant could do with whatever they want with the
building. Chair Guiritzky thought there should be a separate motion extending to
18 months. The motion was repeated as: “The Florida Licenses Structural Engineer
must submit a certified report to the City within 30 days and then the City has
another week to review, and from there they will move ahead. It must be a Florida
licensed professional.” The Board would need to meet to evaluate the evidence, the
Building Official’s response to it, the engineer’s report itself and then make a
determination how much time, if any, is necessary to effectuate repairs.
8. The public record, including, but not limited to, the Building Official's reports,
memoranda, comments and recommendations on the appeal, agenda back-up before the
Building Board of Adjustment and Appeals, along with the record established before the
Building Board of Adjustment and Appeals on August 14, 2019, are hereby
incorporated by reference.
9. The Board retains jurisdiction of this appeal to issue supplemental orders it deems
necessary to remedy its finding that the building owned by Applicants is unsafe.
DONE AND ORDERED this day of , 2019 in the City of Boynton Beach,
Florida.
_________________________
Sanford Guritzky, Chairman
CITY OF BOYNTON BEACH
BUILDING BOARD OF AD
AND APPEALS
___________________________
Crystal Gibson, City Clerk
EXHIBIT C APPLICATION AND APPLICANT’S BACK-UP
PAPA Banner
Location Address 1101 N FEDERAL HWY
Municipality BOYNTON BEACH
Parce l Control Number 08-43-45-21-32-008-0010
Subdivision LAKE ADD TO BOYNTON
Official Records Book 30338 Page940
Sale Date DEC-2018
Legal Description LAKE ADD TO BOYNTON LT 1 BLK A
Owners
HO KAREN
HO WING &
Mailing addre ss
9174 CHIANTI CT
BOYNTON BEACH FL 33472 2459
Sales Date Price OR Book/Page Sale Type Owner
DEC-2018 $10 30338 / 00940 QUIT CLAIM HO WING &
AUG-2012 $40,000 25434 / 00464 WARRANTY DEED HO BENJAMIN L
JUN-2012 $10 25295 / 01462 WARRANTY DEED HEARTWOOD 57 LLC
MAR-2012 $60,100 25053 / 01300 CERT OF TITLE BANKATLANTIC
AUG-2004 $10 17517 / 00088 QUIT CLAIM HITE PETER &
1 2 3
No Exemption Information Available.
Numbe r of Units 0 *Total Square
Feet 2460 Acres 0.1067
Use Code 1100 - STORES Zoning C4 - General Commercial ( 08-BOYNTON
BEACH )
Tax Year 2018 2017 2016
Improvement Value $2,638 $2,677 $2,517
Land Value $92,283 $87,866 $83,682
Total Market Value $94,921 $90,543 $86,199
All values are as of January 1st each year
Tax Year 2018 2017 2016
Asse ssed Value $94,921 $87,190 $79,264
Exe mption Amount $0 $0 $0
Taxable Value $94,921 $87,190 $79,264
Tax Year 2018 2017 2016
Ad Valorem $1,999 $1,884 $1,779
Non Ad Valorem $1,149 $1,161 $1,048
Total tax $3,148 $3,045 $2,827
EXHIBIT B
Staff Report & Backup
{00261469.1 306-9001821}
CITY OF BOYNTON BEACH
DEVELOPMENT DEPARTMENT | BUILDING DIVISION
3301 Quantum Boulevard • Boynton Beach, FL 33426 • (561) 742-6350 • Fax 742-6357
To: Chair and Members of the Building Board of Adjustments and Appeals
From: Shane Kittendorf, CBO, Building official
Date: June 7, 2019
Address: 1101-1103 N Federal Hwy
Request: Applicant requests an appeal of the Building Officials demolition order based on
Section 116, Unsafe Structures and Equipment of the Boynton Beach
Administrative Amendments to the 6th Edition Florida Building Code.
BACKGROUND SUMMARY
03/01/16, Community Standards notified the Building Department about a vehicle vs. a building
located at 1101-1103 N Federal Hwy on the corner of N. Federal Hwy and E MLK Blvd. Upon
arrival to the property it was noticed that the owner had already boarded up the south west
corner. Entry was requested by the Building Department staff to determine the extent of
structural damage. Access was denied to view the damage inside. Photographs were taken by
community standards and provided to the building department for review. Based on such
findings the property was posted unsafe requesting the owner to hire an engineer to access the
damage and hire a contractor to apply for permits to bring the said property into a safe and
habitable condition. No action was taken and a case was created with Community Standards, CE
16-0506. No applications to repair the building have been applied for to date.
12/16/18, the Building Official received a complaint from the adjacent property owner to the north
of property 1101-1103 N Federal Hwy as he has issues with homeless accessing his roof from the
neighbors large teared planter to the south and causing property damage to his building. The
property owner provided the Building Official with pictures of 1101N Federal Hwy’s roof
deteriorating.
12/16/18, Deputy Building Official Kuntzman made a site visit to verify neighbors’ concerns and
was provided access to his roof. It was clear upon a visual inspection, the property located at 1101-
1103 N Federal Hwy had structural damage with the failure of the existing roof system and the
collapsing of sheathing in several locations.
12/19/18, the property was posted with a Notice of Unsafe Building to repair, rehabilitate or
demolish per the Florida Building Code Boynton Beach Administrative Amendments Section
116.1.
03/19/19, the property was posted for the 2nd time with a Notice of Unsafe Building to repair,
rehabilitate or demolish and certified mail sent to all names and addresses on the Encumbrance
Report provided by the City of Boynton Beach Assistant City Attorney.
{00261469.1 306-9001821}
CITY OF BOYNTON BEACH
DEVELOPMENT DEPARTMENT | BUILDING DIVISION
3301 Quantum Boulevard • Boynton Beach, FL 33426 • (561) 742-6350 • Fax 742-6357
04/04/19, It was advised to Mrs. Ho she had the option to appeal to the Building Board of
Adjustment and Appeals to request a stay of demolition to allow adequate time to repair the unsafe
structure.
04/04/19, A written appeal was provided to the building department by Mrs. Ho to appear in
before the Board.
04/26/19, Upon review by the Building Official of the application and timeline provided by
Mrs. Ho it was determined that the information provided was deficient and did not provide
a clear and concise statement of relief sought before the board.
05/10/19, Mr. Ho met with DBO Kuntzman and administrative assistant Persaud to discuss the
denied application. He was provided a verbal guideline for the request of relief.
05/17/19, Mr. Ho resubmitted the Notice of Appeal Statement, although still insufficient the
Building Official will proceed with the hearing to prevent any further delays.
Mr. and Mrs. Ho is appealing the following code section to the Construction Board:
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.
116.1.3 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
{00261469.1 306-9001821}
CITY OF BOYNTON BEACH
DEVELOPMENT DEPARTMENT | BUILDING DIVISION
3301 Quantum Boulevard • Boynton Beach, FL 33426 • (561) 742-6350 • Fax 742-6357
official to continue with maintaining such building, structure, or system; or create liability for any
damage to the property.
Criteria:
The owner, Mr. and Mrs. Ho is appealing the Building Officials demolition order of the 116.1
Unsafe Building located at 1101-1103 N Federal Hwy, Mr. and Mrs. Ho is requesting a stay of
demolition and time to hire a Design Professional(s) for permitting and the repair of said building.
Recommendations:
The City would request that the Unsafe Building either, 1) be demolished within 10 days by the
owner or, 2) be demolished by the City at the owners expense or, 3) that the Board issue an Order
Staying the Demolition to allow the owner an opportunity to repair the property within a strict and
agreed upon timeline to ensure this property is brought back into a safe and HABITABLE
CONDITION.
The City would also request if the Board does issue an Order Staying the Demolition, that the
Order specifically:
1. Provide that date on which the stay would expire
2. Direct that the City can proceed with the demolition at the expiration of the stay should the
applicant not repair the property AND bring the property back into a safe and habitable condition
as determined by the Building Official
3. That should demolition be required, the demolition of the building shall be at the owners
expense.
Attachments:
Exhibit A – Application and Applicant’s Back-up
Exhibit B – Staff Back-up
Exhibit C – Pictures and Red Tags
Exhibit D – Sections 113 and 116 of the Boynton Beach Administrative Amendments
TO:
FROM:
DATE:
RE:
INTER-OFFICE CORRESPONDENCE
MEMORANDUM
Shane Kittendorf, the City Building Official
David N. Tolces, Assistant City Attorney 7YJt7 .
January 17, 2019
City of Boynton Beach ("City") / Unsafe Structure of Property located at 1101
North Federal Highway, Boynton Beach
Pursuant to your request, we have reviewed the Attorneys' Title Fund Services, LLC Title Search
Update(" TSR Update") dated January 17, 2019, (Effective Date of Search: December 18, 2018@
11 :00 PM through January 8, 2019) for the above referenced property. Based upon the TSR
Update, the owners of the property are Wing Ho and Karen Ho. Based upon this information, we
are providing you with the names and addresses of the Owners, Owners' representatives and
interested parties that must receive notice are as follows:
Wing Ho and Karen Ho
917 4 Chianti Court
Boynton Beach, FL 33472
Karen Yeh Ho
6826 Fiji Circle
Boynton Beach, FL 33437
(Owners)
(Owner)
A Notice of Unsafe Structure should be provided to the Owners, the Owners' representatives and all
interested parties at the above referenced addresses. Should you have any questions or concerns
regarding this matter, please do not hesitate to contact our office.
DNT:kml
[00276910.1306-9001821)
1111111 HIii HIii HIii HIii Hiil 111111111 IHI
C:FN 20 l.-9000005.4
· PREPARED aY:
OR BK 30338 PS 0940
RECORDED 01/02/2019 i)!H19:56
· AMT 10.00
Doi: Statl\P 0.70
PalM Beach Count~, Florida
Karen Yeh Ho
"6826 .. FiJi Circle
B ton Beach, FL 33437 Sho.ron R. Bo,:hC:LERK ~ COl1PTROLLER
P-s 0940 -941; 12Pss)
~-"'-'JWRDING REQUESTED BY:
MP1'n.ATI1in Ho
p>alachee Parkway #79B
Tai ee, FL 32301
AN W~ RECORDED MAIL TO:
Wing ~(n\
9174 Ch~fi Court
Boynton B~L 33472
MAIL TA . TEMENTS TO:
Wing Ho ~
9174 Chianti C&\irt
Boynton Beach, ~3-4 72 . ·
~ SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
~ QUITCLAIM DEED .
KNOW ~LL MEN ~~~~SE PRESENTS_ THAT: _ . , ~ ~
THfS_.QUITCLAIM Df:.ED, a and entered mto on the 31th.day.of DECEMBER, 2018,
between BENJAMIN HO _(S A SINGLE PERSON, WHOSE ADDRESS IS 2855
. Apalachee Parkway #79B ("G " and WING HO and KAREN HO, HUSBAND AND
WIFE (FATHER and MOTHE ose address is 9174 CHIANTI COURT, BOYNTON
BEACH, FL 33472 ("GRANTEE")(G ·
For and in consideration of the sum ~n Dollars ($10.00) and other good and valuable
wrisideration, the receipt and sufficie5hich is hereby acknowledged, Granter hereby
Remises, Releases, AND FOREVER ims to GRANTEE, the property located in Palm·
Beach, Florida ~ounty, Florida, describ . . ·
Mailing addres~: 1101, i103 N. Federal Highway, Boynton Beach, FL 33435 · ·
Parcel Control Number: 08-43-45-21-32-008-0010
Legal Description: ·
LOT 1, BLOCK A, LAKE ADDITION TO BOYNTON, FLORIDA, ACCORDING TO THE
PLAT THEREOF, AS RECORD.ED IN PLAT BOOK 11, -PAGE 71, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEP'r THE EAST 17
FEET OF LOT I (WHEN MEASURED AT RIGHT ANGLES TO THE.EAST LINE OF SAID
LOT), BLOCK A AND THAT PART Of LOT I, BLOCK A, WHICH IS INCLUDED IN THE.
EXTERNAL AREA FORMED BY A 12 FOOT RADIUS ARC TANGENT TO THE SOUTH
LINE OF SAID. LOT 1, AND TANGENT TO A LINE 17 FEET WESTERLY OF AND
PARALLEL TO THE. EAST LINE OF SAID LOTl, BLOCK A. LAKE ADDITION TO .
BOYNTON, FLORIDA, ACCO_RDING TO THE PLAT THEREOF,AS .RECORDED fN PLAT
BOO~ 11, PAGE 7i.
Prior instrument 'referenct: SPECIAL Warraa:ity De~d, Volume/Book No 25434, Page 0464,
Recorded 09/06/2012 ~i:2·7:53 Palm Beach County, Florida. Pgs 0464-0465 (2pgs), . . . . . . .
Quitclaim Deed.: Parcel Control Number: 0_8-43-45-21~32-008-0010 Page I of2
)
Dr,cummt No. , of the Re:co:-<lcr of Pa!m' Ilea.ch Co,,nty, F!:>rid}), recon~ri.d CFN.
2n 120Js 1 ui.
Book30338/Page941
CFN#20190000054
Page 2 of 2
ct. tu all, if any, vi.1.iid ease1:1ents, rights cf way, C()Ve.nants, t:ondi~icns, reservations a:1d
1c ·ons of record. Subject to taxes for Wl 9 and subseq_ue:11-)-ea;-s.
·· .!gants uli of :he Gr:mtor·'s :-ights, title and interest in <!ml to al! ofthc ;,hove described
pro · nd pi't:mises to the Grantee·, and to the Gr~mlc:;e's heirs :md assigns forever in fee
si~pl . , th~i neither ~:iranto! ~or Grantor's heirs lega! _,:cpresenl1tives ;r &ssigns shill have,
da1m, o~nand any :·1ght or t1tl~ to the propeti)', prcnus1;:s, or uppurtcnances, or any part
thereof.-~ . . .
. ~ .
J_N w·rlNESS(Q).~EOF the grantor has ~xer:~ted tl~is de~d on the_ 3 J _____ th day of
· i>~<. · '?'" , 201s: · ·
--· .. ---. --~-. D~~, 3,L~"(~ -~~-~---· -·---------· ·---·------~E~1A:XLtL.b.._.f:h>-· .·, Gra::ttor
Jr;;;i•~-{~~r~ddress:. q,,. r -.~.2~~1 ~~
~-i)~~-----~s: q, 1 0 r .._•..,,,A,., T "'-
tmmtor s 'N. · ess \&,~
$1}/Z.llrl . ,pC.tJS ~ ·-
STATE OF . f-l,t> a,-r,O A · ~ COUNTY OF ____ fl')._:_~----~~-~-~--
The foregoing instnmient was acknowledged before rne thi~ the ---~--3 / . . day of _____ l E (_ . . , ·20 I 8 by6r~1~~'SJ_)·t~----~-who i~ pcr~onally kuown to me or has
produced _ri.O '=---------·-·-----·--··--·-as id,.:mtification and who did/ did 11pt take an oath.
---~--------------· . ., . _,._.,_..,. __ ;' Signature of Notary/. Deputy Clerk.
_ s Tc:J l-'V . C,IL~1:,,1,tt,..., ----· Printed Nam'e 'of Notary/ Deputy Clerk
Quitciaim "Deed : Parcel Control Numht>r: 08-,,3-,l':--:~ 1-32-008-00 IO Page 2 of'.:'.
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6350
FAX: 561-7426357
www.boynton-beach.org
DATE OF POSTED NOTICE: 12/19/18 VIA CERTIFIED MAIL & REGULAR MAIL
TRACKING #
Karen Ho
9174 Chianti Ct
Boynton Beach, FL 33472
REF: 1101 – 1103 N Federal Hwy
Boynton Beach, FL 33415
Parcel Control Number: 08-43-45-21-32-008-0010
Subdivision: LAKE ADD TO BOYNTON
Official Records: Book 30338 Page 940
Legal Description: LAKE ADD TO BOYNTON LT 1 BLK A
RE: FBC 116 Unsafe Structures - Repair, Rehabilitate, or Demolish Structure
To whom it may concern:
Per Section 116.1 of the Boynton Beach Administrative Amendments to the 6TH Edition (2017) Florida Building Code
(FBC) the above referenced building has been deemed unsafe, unsanitary, or does not provide adequate egress, or
which constitutes 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 this Code.
Comments:
Florida Building Code, Existing Building Definition - UNSAFE. Buildings, structures or equipment that are
unsanitary, or that are deficient due to inadequate means of egress facilities, inadequate light and ventilation, or that
constitute a fire hazard, or in which the structure or individual structural members meet the definition of “Dangerous,”
or that are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or
inadequate maintenance shall be deemed unsafe. A vacant structure that is not secured against entry shall be deemed
unsafe.
Inadequate maintenance - Roof system failing multiple areas of the deck, roof system not secured properly,
roof decking and trusses structural damage. FBC – Building 1503.1 General. Roof decks shall be covered
with approved roof coverings secured to the building or structure in accordance with the provisions of this
chapter. Roof assemblies shall be designed and installed in accordance with this code and the approved
manufacturer’s installation instructions such that the roof assembly shall serve to protect the building or
structure.
Inadequate maintenance, Dangerous to human life or the public welfare –– Structure located in a windborne
debris region. Immediate removal required to prevent large missile impacts to the adjacent structures.
Reference - FBC- Building 1609.1.2 Protection of openings. Glazed openings in buildings located in
windborne debris regions shall be protected from windborne debris.
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6350
FAX: 561-7426357
www.boynton-beach.org
Inadequate maintenance, Dangerous to human life or the public welfare – Structure struck by vehicle at the
SW corner of building. Evaluation. The building shall be evaluated by a registered design professional, and
the evaluation findings shall be submitted to the code official. The evaluation shall establish whether the
damaged building, if repaired to its pre-damage state, would comply with the provisions of the Florida
Building Code, Building for load combinations that include wind or earthquake effects, except that the
seismic forces shall be the reduced FBC-level seismic forces.
Inadequate maintenance – Exposed wires multiple locations around structure. Unsafe electrical system a
complete service review by a licensed electrical contractor required. NEC 2011 110.7 Wiring Integrity –
Completed wiring installations shall be free from short circuits, ground faults, or any connections to ground
other than as required or permitted elsewhere in this Code.
Inadequate light and ventilation – Property Board up – FBC, Building 1203.5 Natural ventilation of an
occupied space shall be through windows, doors, louvers or other openings to the outdoors. The operating
mechanism for such openings shall be provided with ready access so that the openings are readily controllable
by the building occupants. FBC Building 1203.5.1 Ventilation Required. The openable area of the openings
to the outdoors shall be not less than 4 percent of the floor area being ventilated. FBC Building 1205.1 Every
space intended for human occupancy shall be provided with natural light by means of exterior glazed
openings in accordance with Section 1205.2 or shall be provided with artificial light in accordance with
Section 1205.3. Exterior glazed openings shall open directly onto a public way or onto a yard or court in
accordance with Section 1206. FBC Building 1205.2 The minimum net glazed area shall be not less than 8
percent of the floor area of the room served.
Does not provide adequate egress, which constitutes a fire hazard – FBC Building 1001.3 Maintenance.
Means of egress shall be maintained in accordance with the Florida Fire Prevention Code. FBC Building
1001.4 Fire safety and evacuation plans shall be provided for all occupancies and buildings where required
by the Florida Fire Prevention Code. Such fire safety and evacuation plans shall comply with the applicable
provisions of the Florida Fire Prevention Code. FBC Building
Inadequate maintenance, Unsanitary conditions - No potable water to property – FBC, Plumbing 602.2
Potable water required. Only potable water shall be supplied to plumbing fixtures that provide water for
drinking, bathing or culinary purposes, or for the processing of food, medical or pharmaceutical products.
Unless otherwise provided in this code, potable water shall be supplied to all plumbing fixtures.
Inadequate maintenance - Multiple openings into attic and around the structure not protected to prevent
critters from entering. FBC, Building 1203.2.1 Openings into attic. Exterior openings into the attic space of
any building intended for human occupancy shall be protected to prevent the entry of birds, squirrels,
rodents, snakes and other similar creatures. Openings for ventilation having a least dimension of not less
than 1/16 inch (1.6 mm) and not more than 1/4 inch (6.4 mm) shall be permitted. Openings for ventilation
having a least dimension larger than 1/4 inch (6.4 mm) shall be provided with corrosion-resistant wire cloth
screening, hardware cloth, perforated vinyl or similar material with openings having a least dimension of
not less than 1/16 inch (1.6 mm) and not more than 1/4 inch (6.4 mm). Where combustion air is obtained
from an attic area, it shall be in accordance with Chapter 7 of the Florida Building Code, Mechanical.
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6350
FAX: 561-7426357
www.boynton-beach.org
Time Line for Compliance:
PERMIT APPLICATION SUBMITTAL – 15 business days from the date of posted Notice (January 14, 2019)
PERMIT ISSUED – 45 days from date of posted Notice (February 27, 2019)
Make sure to hire a design professional and contractor who knows the Florida Building Code and the Plan
Review process. Failing a plan review will not grant an extension of time.
FINAL INSPECTIONS COMPLETED - Notice of Completion issued by Building Official – 90 days from date of
posted Notice. (April 30, 2019)
Based on this determination you are hereby ordered to have the BUILDING/ STRUCTURE repaired and rehabilitated
or demolished within ninety (90) calendar days from the date of this notice (April 30, 2019) in accordance with
Section 116.1.1 of the Boynton Beach Administrative Amendment to the 6 TH Edition (2017) Florida Building Code.
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 buildings, structures or service
systems TO BE DEMOLISHED.
If you disagree with the building being declared unsafe; per Section 116.4 of the Boynton Beach Administrative
Amendments to the 6TH Edition (2017) Florida Building Code; “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”. 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 (30 days) of
the date of this Notice. The fee to cover hearing costs is two hundred and fifty ($250.00) dollars per the Building
Division Fees under Section III(B).
Upon expiration of the thirty (30) day period per Section 113.4.4 of the Boynton Beach Administrative Amendments
to the 6TH Edition (2017) Florida Building Code, the affected owner or duly authorized agent waives any further right
of appeal. As such the buildings, structures or service systems shall be completed by the time line list above or will
be demolished by the City; accordingly, the costs incurred will be charged to the owner per Section 116.3 of the
Boynton Beach Administrative Amendments to the 6TH Edition (2017) Florida Building Code.
If you should have any questions or would like to meet to discuss this action please contact me in the Building Division
at (561)742-6352. Thank you.
Sincerely,
Shane Kittendorf CBO, CFM
Building Official
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6350
FAX: 561-7426357
www.boynton-beach.org
NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT
(12/19/2018)
The owner or other interested parties for the structure located at (1101 N Federal Hwy
Boynton Beach, FL 33412), are hereby notified that the City of Boynton Beach, Florida
will proceed to have the building, structure or system repaired, demolished or removed
(90 days) 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 (Shane
Kittendorf, Building Official (561) 742-6352) 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 (30 days) of the date of this Notice. The
fee to cover hearing costs shall be established by ordinance.
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6350
FAX: 561-7426357
www.boynton-beach.org
DATE OF POSTED NOTICE: 03/07/19 VIA CERTIFIED MAIL & REGULAR MAIL
Wing Ho and Karen Ho
1101-1103 N Federal Highway
Boynton Beach, FL 33435
REF: 1101 – 1103 N Federal Hwy
Boynton Beach, FL 33435
Parcel Control Number: 08-43-45-21-32-008-0010
Subdivision: LAKE ADD TO BOYNTON
Official Records: Book 30338 Page 940
Legal Description: LAKE ADD TO BOYNTON LT 1 BLK A
RE: FBC 116 Unsafe Structures - Repair, Rehabilitate, or Demolish Structure
To whom it may concern:
Per Section 116.1 of the Boynton Beach Administrative Amendments to the 6TH Edition (2017) Florida Building Code
(FBC) the above referenced building has been deemed unsafe, unsanitary, or does not provide adequate egress, or
which constitutes 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 this Code.
Comments:
Florida Building Code, Existing Building Definition - UNSAFE. Buildings, structures or equipment that are
unsanitary, or that are deficient due to inadequate means of egress facilities, inadequate light and ventilation, or that
constitute a fire hazard, or in which the structure or individual structural members meet the definition of “Dangerous,”
or that are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or
inadequate maintenance shall be deemed unsafe. A vacant structure that is not secured against entry shall be deemed
unsafe.
Inadequate maintenance - Roof system failing multiple areas of the deck, roof system not secured properly,
roof decking and trusses structural damage. FBC – Building 1503.1 General. Roof decks shall be covered
with approved roof coverings secured to the building or structure in accordance with the provisions of this
chapter. Roof assemblies shall be designed and installed in accordance with this code and the approved
manufacturer’s installation instructions such that the roof assembly shall serve to protect the building or
structure.
Inadequate maintenance, Dangerous to human life or the public welfare –– Structure located in a windborne
debris region. Immediate removal required to prevent large missile impacts to the adjacent structures.
Reference - FBC- Building 1609.1.2 Protection of openings. Glazed openings in buildings located in
windborne debris regions shall be protected from windborne debris.
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6350
FAX: 561-7426357
www.boynton-beach.org
Inadequate maintenance, Dangerous to human life or the public welfare – Structure struck by vehicle at the
SW corner of building. Evaluation. The building shall be evaluated by a registered design professional, and
the evaluation findings shall be submitted to the code official. The evaluation shall establish whether the
damaged building, if repaired to its pre-damage state, would comply with the provisions of the Florida
Building Code, Building for load combinations that include wind or earthquake effects, except that the
seismic forces shall be the reduced FBC-level seismic forces.
Inadequate maintenance – Exposed wires multiple locations around structure. Unsafe electrical system a
complete service review by a licensed electrical contractor required. NEC 2011 110.7 Wiring Integrity –
Completed wiring installations shall be free from short circuits, ground faults, or any connections to ground
other than as required or permitted elsewhere in this Code.
Inadequate light and ventilation – Property Board up – FBC, Building 1203.5 Natural ventilation of an
occupied space shall be through windows, doors, louvers or other openings to the outdoors. The operating
mechanism for such openings shall be provided with ready access so that the openings are readily controllable
by the building occupants. FBC Building 1203.5.1 Ventilation Required. The openable area of the openings
to the outdoors shall be not less than 4 percent of the floor area being ventilated. FBC Building 1205.1 Every
space intended for human occupancy shall be provided with natural light by means of exterior glazed
openings in accordance with Section 1205.2 or shall be provided with artificial light in accordance with
Section 1205.3. Exterior glazed openings shall open directly onto a public way or onto a yard or court in
accordance with Section 1206. FBC Building 1205.2 The minimum net glazed area shall be not less than 8
percent of the floor area of the room served.
Does not provide adequate egress, which constitutes a fire hazard – FBC Building 1001.3 Maintenance.
Means of egress shall be maintained in accordance with the Florida Fire Prevention Code. FBC Building
1001.4 Fire safety and evacuation plans shall be provided for all occupancies and buildings where required
by the Florida Fire Prevention Code. Such fire safety and evacuation plans shall comply with the applicable
provisions of the Florida Fire Prevention Code. FBC Building
Inadequate maintenance, Unsanitary conditions - No potable water to property – FBC, Plumbing 602.2
Potable water required. Only potable water shall be supplied to plumbing fixtures that provide water for
drinking, bathing or culinary purposes, or for the processing of food, medical or pharmaceutical products.
Unless otherwise provided in this code, potable water shall be supplied to all plumbing fixtures.
Inadequate maintenance - Multiple openings into attic and around the structure not protected to prevent
critters from entering. FBC, Building 1203.2.1 Openings into attic. Exterior openings into the attic space of
any building intended for human occupancy shall be protected to prevent the entry of birds, squirrels,
rodents, snakes and other similar creatures. Openings for ventilation having a least dimension of not less
than 1/16 inch (1.6 mm) and not more than 1/4 inch (6.4 mm) shall be permitted. Openings for ventilation
having a least dimension larger than 1/4 inch (6.4 mm) shall be provided with corrosion-resistant wire cloth
screening, hardware cloth, perforated vinyl or similar material with openings having a least dimension of
not less than 1/16 inch (1.6 mm) and not more than 1/4 inch (6.4 mm). Where combustion air is obtained
from an attic area, it shall be in accordance with Chapter 7 of the Florida Building Code, Mechanical.
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6350
FAX: 561-7426357
www.boynton-beach.org
Time Line for Compliance:
PERMIT APPLICATION SUBMITTAL – 15 business days from the date of posted Notice (March 27, 2019)
PERMIT ISSUED – 45 days from date of posted Notice (May 8, 2019)
Make sure to hire a design professional and contractor who knows the Florida Building Code and the Plan
Review process. Failing a plan review will not grant an extension of time.
FINAL INSPECTIONS COMPLETED - Notice of Completion issued by Building Official – 90 days from date of
posted Notice. (July 12, 2019)
Based on this determination you are hereby ordered to have the BUILDING/ STRUCTURE repaired and rehabilitated
or demolished within ninety (90) calendar days from the date of this notice (July 12, 2019) in accordance with
Section 116.1.1 of the Boynton Beach Administrative Amendment to the 6TH Edition (2017) Florida Building Code.
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 buildings, structures or service
systems TO BE DEMOLISHED.
If you disagree with the building being declared unsafe; per Section 116.4 of the Boynton Beach Administrative
Amendments to the 6TH Edition (2017) Florida Building Code; “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”. 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 (30 days) of
the date of this Notice. The fee to cover hearing costs is two hundred and fifty ($250.00) dollars per the Building
Division Fees under Section III(B).
Upon expiration of the thirty (30) day period per Section 113.4.4 of the Boynton Beach Administrative Amendments
to the 6TH Edition (2017) Florida Building Code, the affected owner or duly authorized agent waives any further right
of appeal. As such the buildings, structures or service systems shall be completed by the time line list above or will
be demolished by the City; accordingly, the costs incurred will be charged to the owner per Section 116.3 of the
Boynton Beach Administrative Amendments to the 6TH Edition (2017) Florida Building Code.
If you should have any questions or would like to meet to discuss this action please contact me in the Building Division
at (561)742-6352. Thank you.
Sincerely,
Shane Kittendorf CBO, CFM
Building Official
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6350
FAX: 561-7426357
www.boynton-beach.org
NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT
(03/07/2019)
The owner or other interested parties for the structure located at (1101 N Federal Hwy
Boynton Beach, FL 33435), are hereby notified that the City of Boynton Beach, Florida
will proceed to have the building, structure or system repaired, demolished or removed
(90 days) 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 (Shane
Kittendorf, Building Official (561) 742-6352) 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 (30 days) of the date of this Notice. The
fee to cover hearing costs shall be established by ordinance.
EXHIBIT C
Pictures
EXHIBIT D
2017 Boynton Beach
Administrative Amendments
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 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 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 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.
Boynton Beach Amendments 6th Edition 2017 Florida Building Code
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 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 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.
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.
EXHIBIT D 2017 Boynton Beach Administrative Amendments
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 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 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 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.
Boynton Beach Amendments 6th Edition 2017 Florida Building Code
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 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 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.
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.
1
INSPECTION REPORT FOR BUILDING
at 1101 — 1103 N Federal Hwy
Boynton Beach, FL 33435
•
Responsible Engineer: Yousheng Cheng, PhD
FL PE No. 65406
2
TABLE OF CONTENTS
Project No. - 1901
Page
1. Purpose/Scope 3
2. Description of Building 4
3. Current Conditions of Building 5
4. Evaluation 8
5. Conclusions 12
6. Inspection Photos 13
3
1. Purpose/Scope
The purpose of the inspection is neither to qualify the building to the current codes, nor
to qualify the building for human occupancy, but to inspect the structural element
conditions to see if the building could temporarily stay for 18 months, i.e. not get
detached and not generate "missiles", such that the building can be remodeled to the
current design codes during that time period.
The scope is limited to inspection of damaged structural elements and evaluation of
new replacement or repairs to the damaged elements to ensure that they will not get
detached and not generate "missile" (restored to pre-damage condition or better).
Therefore, the existing structural elements in good shape are assumed to meet the
design codes at the time when the building was designed and constructed, and thus,
will not be evaluated unless damaged.
4
2. Description of Building
An inspection was made on 09/01/2019 for the building at 1101-1103 N. Federal Hwy.,
Boynton Beach, FL 33435, which was built in 1958.
The subject building is approximately 60'-9" (L) x 40'—0" (W) x 9' — 8" (H) and is a wood
frame structure with wood trusses. The roof of the building consists of plywood,
waterproof material (bituminous), asphalt shingles. The North and South sides of this
building consist of 8' —6" long brick wall and 52' —3" wood wall, the West side is a wood
wall, and the East side consists of large glass windows, doors, a brick column at the mid
width and a 4'-0" canopy at 10'—4" above the ground. Based on the exposed portions,.
the trusses (chord 2"x4") are spaced at 4'—0" O.C., wood wall vertical studs are
2"x4"x9'-0" (H) spaced at 16" O.C., and horizontal blocks are 2"x4" spaced at 2'—6"
O.C. The South wall at the West corner was damaged by a vehicle, but was re-built to
its pre-damage state.
The building went through numerous hurricanes such as recent Hurricanes IRMA,
Michael, Matthew, etc, and no damage was found due to the hurricanes.
5
3. Current Conditions of Building
3.1 Exterior
3.1.1 South Side Wall
The wall consists of 8' —6" long brick and 52'— 3" wood wall, and is painted. Per
inspection (see Photo 1), the exterior side of this wall looks in good shape - no paint is
peeled off except along the bottom of the wall where a very small portion of paint is off,
which does not impact the capacity and integrity of the wall at all. In addition, neither
cracks nor corrosion occurs in the wall.
3.1.2 North Side Wall
Similar to the South side, the wall consists of 8' —6" long brick and 52' —3" wood wall,
and is painted. Per inspection (see Photo 2), the exterior side of this wall looks in good
shape - no paint is peeled off except along the bottom of the wall where a very small
portion of paint was off, neither cracks nor corrosion occurs in the wall.
3.1.3 West Side Wall
There are two doors in the wall. An electrical box, a pipe, cables, etc. are secured to
the wall.. Paint looks good. Neither cracks nor corrosion is found in the wall. A very little
portion along the bottom edge of the North door was damaged, which, however, will not
impact the capacity and integrity of the wall. In addition, the secured attachments shall
not become missiles. See Photo 3.
3.1.4 East Side Wall
There are a couple of large glass windows, two doors, a brick column at the mid-width,
and a 4'-0" canopy at 10'—4" above the ground. All of the windows, brick column and
doors look in good shape. The canopy is also in a good condition except small portions
of paint fell off. See Photos 4 and 5.
3.1.5 Roof
The half side (South) of the roof looks good and no severe damage is found. For the
other half side (North) of the roof, the Northwest portion is damaged severely, but the
degraded portion has been repaired and covered by new plywood via screws. There is
leakage in the Northeast portion, but the damaged plywood has been repaired as well.
Therefore, the roof will not get detached to become missiles. See Photo 6.
6
3.2 Interior
The inside of the building is divided into two portions by a partition wall along the East-
Wes direction.
3.2.1 South Portion
Ceiling- the most of ceiling is in a good condition except the small portion in the front.
See Photos 7 & 8. Therefore, this proves that the most of half side roof(South) is in
good shape. The small portion of the front ceiling (East side close to the window)
cracks and peeled off, which may indicate slight leakage in the roof, but should not
damage the integrity of the roof in a short time period (18 months) by engineering
judgment.
South side, interior face - Per Photo 9, no cracks, no corrosion, and no leakage are
indicated on the interior face of the South.wall except the Southwest corner. A small
portion of the interior dry wall is taken out (see Photos 10 & 11), which show existing
plywood sheet (wall), vertical studs and horizontal blocks are in good shape. Per the
exposed area, vertical existing wall studs are 2"x4" @ 30" with horizontal blocks (2"x4")
@ 30" vertically. Per Photo 12, the portion of the South wall frame, where a door was
located, has been replaced since it was damaged by a car accident. The new vertical
wall studs are 2"x4" @ 16", which are connected to the existing door lintel at the top and
anchored to concrete at the bottom. The new studs of 2"x4" @16" are stronger, and
thus, better than the existing studs 2"x4" @ 30".
North side—the partition wall in the middle of the building is not a structural member
and looks good. See Photo 13.
East side, interior face —The East (front) side consists of big windows. The window
frame and other portions look good. See Photo 14.
West side, interior face—The West (rear) side looks good since there are no cracks and
corrosion in the wall. See Photo 15.
3.2.2 North Portion
Ceiling- the major portions of the existing trusses close to the North wall were corroded
per inspection, however, the degraded portions of the truss chords have been replaced
with new same sizes of wood members and (6) '/2" bolts splicing sandwich connection,
and corroded roof plywood has been replaced. The other damaged portions of the
existing trusses have also been repaired with same sizes of wood members. The end
of the new spliced chords is tired down to vertical studs or top horizontal wood plate
using same sizes of existing metal straps. See Photos 16,17, 18 and 19. The splicing
sandwich connection has been qualified (see Sect. 3). Therefore, the existing trusses
have been restored to the original status or even better, and should not be a problem in
a short time period (18 months) by engineering judgment.
7
North side, interior face - Per Photo 19, existing wood plank (wall) and vertical studs are
in good shape except some corroded studs and top plates which have been replaced.
South side-the partition wall in the middle of the building is not a structural member
and looks good. See Photo 20.
East side, interior face—The East (front) side consists of big windows. The window
frame and other portions look good. See Photo 21.
West side, interior face—The West (rear) side looks good since there are no cracks and
corrosion in the wall. See Photo 22.
8
4. Evaluation
The building was constructed in 1958, and was designed to the code at that time,
therefore, it is reasonable that the building does not meet the current design codes
(ASCE 7-10, FBC 2017, etc), and needs to be re-modeled to the current design codes.
Per FBC, Sect. 606.2.2, the building did not experience substantial structural damage to
vertical elements of the lateral force-resisting system, since only four vertical studs
experienced sever damage and have been replaced using same sizes of wood
members (See Photo 19) and #8@12" (or less) screws to existing wood walls, and
existing wood walls look OK. Existing anchors for vertical studs are 1/2" diameter bolts.
New vertical replacement studs are anchored to concrete slab with two 1/2" expansion
bolts, which are adequate to resist wind loads.
The bottom chord of some roof trusses within approximately 7ft from the North all was
severely damaged, which is gravity load-carrying components, thus, FBC, Sect. 606.2.3
applies. A splicing connection was recommended to repair the damaged bottom chords
and a direction was also recommended that new replacement shall be equivalent to or
better than pre-damage condition. The damaged portion of the bottom chords has been
repaired (see Photos 16, 17, 18) using recommended splicing detail, which is evaluated
on Pgs. 9 to 11 and is equivalent to or better than the original chord. The damaged roof
deck has been replaced with 19/32" plywood, which is normally used for roof, and #8
screws spaced approximately 12". The sizes of the top chord replacement are same as
those of existing top chords. Existing straps are 3/"wide and approximately 3/64" thick,
and new straps are 1 '/" wide and 3/64" thick. Therefore, the repaired roof trusses are
equivalent to or better than the pre-damage condition to support gravity loads (no snow
loads in South Florida), which meet the requirements of FBC Sect. 606.2.1 and Sect.
606.2.3.
FBC Sect. 606.2.3.1 does not apply since the substantial structural damage to gravity
load-carrying components was caused primarily not by wind effects, but by water
intrusion due to leakage, which caused corrosion in the roof system.
9
LOAD COMBINATOIONS
CALCULATION OF DEAD AND LIVE LOADS
ASCE 7-10
FL Building Code 2017-Chapter 16
Calculate Roof Dead Load
Input Load Values
Roof . .
psf 0.4 psf per 1/8 thickness
,
Roof Tile/Shingle i psf 12 psf for 7 tile,20 psf for 3"tile,2 psf for asphalt shingles
Mortar: .0.00.psf 10 psf
Insulation i1.50,psf 1.5 psf for Fiberboard,0.75 rigid insulation
Composition: . 0.00 psf 1 psf for 3 ply,6 psf for 5 ply with gravel
Wood Truss ,.. 110QQ.psf 10 psf for roof and floor trusses
Steel Joist-• psf 4 psf
Steel Deck •• 0.00 psf 2.5 psf for 20 gage,3 psf for 18 gage
Fireproof psf 1 psf for 3 ply,6 psf for 5 ply with gravel
Waterproof 1.50 psf 1.5 psf bituminous, 1.0 psf liquid applied,0.7 psf single ply sheet
Concrete Deck ':•6:60.psf 150Ibs/ft^3 conc,120 lbs/ft^3 light weight
Floor Tile/Mortar-; :0.00 psf ceramic tile 150 lbs/ft^3,mortar 130 lbslft^3
Ceiling
Gypsum Board' 2.75.psf 0.55 per 1/8
Suspended Ceiling . 0.00.psf 2 psf steel channel system,15 psf metal lath&cement plaster
Mechanical Duct. 4:00.psf 4 psf
Plaster 8.00 psf 5 psf on concrete,8 psf on wood lath
Total 32.7 psf
..„
Roof Live Load-FL Building Code(FL BC)-Hurricane Zones-1607=
•
•
10
Building Codes:
1.ASCE 7-10
2.FBC 2014,2017
3.AISC 14th Ed.
Truss chord splicing check
Per inspection,the nominal sizes of existing truss chords are 2"x 4", The sizes of new wood are 2"x 4",
which are exactly same the existing chords,therefore,the new chords used in splicing are acceptable
compared to the existing ones.The bolts used in splicing are 1/2"diameter(ASTM 307 min.)and will be
checked below.
DL:= 33psf LL:= 20psf roof dead load and live load per previous page.
struss 4ft 'truss 40ft truss spacing and length per inspection
LFDL:= 1.2 LFLL:= 1.6 load factor
Pu:_ (LFDL•DL+ LFLL•LL)[struss.(0.5ltruss)1 maximum reaction at each end of truss
Pu=5.73 kip
Fns 27ksi nominal shear strength per Table J3.2 of AISC 14th
dbolt 0.5in bolt diameter
A0.5.b �.(C.5.dbolt)2 t
A0.5.b=0.2 inbolt area
11
:= 0.75 LRFD strength reduction factor per Sect J3 ofAISC 14th
�Rn:_ (1).(FnvA0.5.b) ctiRn =3.98 kip
The bolts in splicing location experience double shear.
P
Therefore, ICb:_ -• ( u ICb=0.72 <1.00 OK
2.( Rn)
Three bolts are used in each side of the splicing and are spaced approximately 12"and 6"from an end
of new the bolts are at the mid-depth of the chord,therefore,the wood chords in the splicing location is
adequate,and the splicing connections are acceptable.
H:= 12ft W:= 40ft L:= 61 ft
pww.crnr 27.61 psf p := 20.14psf a:= 4ft wind pressure per
previous page
plw.crnr 22.18psf plw:= I6.79psf
PH.W:= 2(a•pww.cmr'H)+ pww•(L—2a)•H+ 2•(plw.cmr•a•H)+ plw•(L—2a)•H
PH.w=28.27 kip horizontal wind load
Movtrning= 169.6ft•kip overturning moment
Movtrning PH W•0.5 H
Mresist DL•WL•(0.5•W) Mresist= 1610.4 ft•kip> 169.6 ft-kip OK
12
5. Conclusions •
The building shall not get detached to become missiles in a short time of period (18
months) by engineering judgment based on the following events and factors:.
1. The building with damaged conditions went through numerous hurricanes such
as recent Hurricanes IRMA, Michael, Matthew, etc, and no damage was found
due to the hurricanes.
2. The building after repairs is better than that with damaged conditions, which did
not fail during hurricanes.
3.. Based on the discussions under Sect. 4, new replacements including chords,
roof decks, vertical studs, straps, etc. are equivalent to or better than pre-
damage conditions, and thus satisfy the requirements of FBC Sect. 6.2.1 Repairs
for less than substantial structural damage and Sect. 6.2.3 Substantial structural
damage to gravity load-carrying components
4. Wood walls and vertical wood studs are vertical elements of the lateral force-
resisting system. No severe damage was found in the walls, and only four
vertical studs have been replaced. Therefore, the building does not experience
substantial structural damage to the vertical elements of the lateral force-resisting
system, and thus, FBC Sect. 606.2.2 does not apply.
5. The substantial structural damage to gravity load-carrying components was
caused primarily not by wind effects, but by water intrusion due to leakage, which
caused corrosion in the roof system. Therefore, FBC Sect. 606.2.3.1 does not
apply.
Note that the report neither qualifies the building to the current design codes, nor for
human occupancy. In addition, the forces required to detach elements (tear out) are
more than those required by failure per design.
Engineer: Yousheng Cheng ems-4..D"
FL PE#: 65406