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22-025 ORDINANCE NO. 22-025 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA; APPROVING AN AMENDMENT TO THE BOYNTON 5 BEACH ADMINISTRATIVE BUILDING CODE BY CREATING 6 SECTION 110.11.1 — 110.11.16 OF THE 7TH EDITION (2020) OF 7 THE FLORIDA BUILDING CODE TO CREATE, IMPLEMENT 8 AND ENFORCE A BUILDING MILESTONE INSPECTION 9 PROGRAM: PROVIDING FOR CONFLICTS, SEVERABILITY, 10 CODIFICATION AND AN EFFECTIVE DATE. 11 12 13 WHEREAS, pursuant to Chapter 553.734(a), Florida Statutes, the City Commission may 14 adopt amendments to the administrative provisions of the Florida Building Code to deal with 15 local issues and conditions that are unique and distinctive to each jurisdiction, subject to the 16 limitations in said statute; and 17 WHEREAS, the City of Boynton Beach has adopted the Boynton Beach Amendments 18 to the 2010 Florida Building Code on March 6, 2012, June 4, 2013 and October 15, 2013; the 19 Florida Building Code 6th Edition (2017) on December 19, 2017; and the Florida Building Code 20 7th Edition (2020) on November 17, 2020; and 21 WHEREAS, the Boynton Beach Building Division proposes to modify the city's local 22 administrative chapter (Chapter 1) of the Florida Building Code to add the proposed Building 23 Milestone ("Recertification") Amendment and corresponding program which is being 24 recommended after a yearlong effort of coordination amongst all of Palm Beach County's 25 Building Officials; and 26 WHEREAS, the purpose of this new program is to maintain the structural integrity of 27 buildings throughout its service life and to ensure that buildings are structural and electrical 28 service system are sound so as to not pose a threat to the public health, safety, or welfare; and S:\CA\Ordinances\Amend BB Admin Admendments to FLA Bldg Code 7th Ed(2020)-Ordinance.docx 29 WHEREAS, the City Commission hereby approves and adopts an amendment to the 30 Boynton Beach Administrative Building Code by creating Section 110.11.1 - 110.11.16 of the 31 7th Edition (2020) of the Florida Building Code to create, implement and enforce a Building 32 Milestone Inspection program; and 33 WHEREAS, as required by law, such amendments will be transmitted to the State within 34 30 days after this enactment of the amendments. 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 36 BOYNTON BEACH, FLORIDA, THAT: 37 Section 1. The foregoing whereas clauses are true and correct and are now ratified 38 and confirmed by the City Commission. 39 Section 2. The City Commission hereby approves and adopts an amendment to the 40 Boynton Beach Administrative Building Code by creating Section 110.11.1 - 110.11.16 of the 41 7th Edition (2020) of the Florida Building Code to create, implement and enforce a Building 42 Milestone Inspection program contained in Exhibit "A" which is attached hereto and 43 incorporated herein by reference. 44 Section 3. As required by law, these amendments will be transmitted to the State 45 within 30 days after this enactment of the amendments. 46 Section 4. That ordinances or parts of ordinances in conflict herewith be and the 47 same are hereby repealed, provided that in the event of a conflict with respect to the 48 administration of the building codes, existing administrative laws or rules of the City shall 49 control. 50 Section 5. Should any section or provision of this Ordinance or any portion thereof S:\CA\Ordinances\Amend BB Admin Admendments to FLA Bldg Code 7th Ed(2020)-Ordinance.docx 51 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 52 remainder of this Ordinance. 53 Section 6. Authority is hereby given to codify this Ordinance. 54 Section 7. This Ordinance shall become effective immediately. 55 FIRST READING this 4th day of November, 2022. 56 SECOND, FINAL READING AND PASSAGE this ( ' day ofIke.4412022. 57 58 CITY OF BOYNTON BEACH, FLORIDA 59 YES NO 60 61 Mayor—Ty Penserga 62 63 Vice Mayor—Angela Cruz 64 / 65 Commissioner—Woodrow L. Hay 66 67 Commissioner—Thomas Turkin 68 / 69 Commissioner—Aimee Kelley 70 71 VOTE 5 rd 72 A : 73 _ 75 Maylee Di -sus, MPA, C Ty P'='�fr:"` 76 City Cler Mayo/ 77 AP. ,e D . . 0 .• 'M: 78 =pY N TO4/`‘, 79 (Corporate Seal) %OF�oRp******6> '►,� 81 SEAL 81 • •_ , Michael D. Cirullo,Jr. 82 � .INCORPORATED; 5City Attorney 83 .• 1920 .•• 84 ,` `. FLORIO?' S:\CA\Ordinances\Amend BB Admin Admendments to FLA Bldg Code 7th Ed(2020)-Ordinance.docx Boynton Beach Amendments FBC 2020 7th Edition 110.11.1 Building Recertification Program. Maintaining the structural integrity of a building throughout its service life, in order to ensure that buildings are structural and electrical service system are sound so as to not pose a threat to the public health, safety, or welfare. Building Recertification shall be for the purpose of determining the structural &electrical service system of the building or structure to the extent reasonably possible of any part, material or assembly of a building or structure which affects the safety of such building or structure and/or which supports any dead or designed live load, and the general condition of its electrical service system(s) pursuant to the Building Code. 110.11.1.1 Backlog. Due to the initial backlog of buildings required to be recertified,the Building Official shall establish a completion schedule for recertification, which shall be based upon factors that may include, but shall not be limited to,the age, location, construction materials, occupancy load, and function of a building.This completion schedule shall include a recertification deadline for each building for which recertification is required and may be amended by the Building Official as necessary or advisable. 110.11.1.2 Nothing in this section shall be construed to prevent or limit the Building Official's authority to inspect, order inspections or reports, or abate unsafe conditions at existing buildings outside of the requirements of this section, including, but not limited to, the Building Official's authority pursuant to section 116 Unsafe Structures and Equipment of this chapter. 110.11.2 Public Records. Building Recertification reports and other information received by the City in connection with the Building Recertification Inspection program shall be available to the public consistent with the requirements of Florida Statute 119. 110.11.3 Inspection professional.The inspecting professional(s) shall have a right of entry into all areas he/she deems necessary to comply with the Building Recertification Inspection program. 110.11.4 Definitions. Condominium/Cooperatives. Condominium associations as defined under Florida Statute 718 and Cooperative association as defined under Florida Statute 719 Building age. Means the time period since the issuance of a certificate of occupancy or,where adequate records are not available to determine when a certificate of occupancy was issued, shall be determined by the Building Official based on the best available evidence. Milestone inspection. Means a structural inspection, required under section 553.899, Florida Statutes, of a building, including an inspection of load-bearing walls and the primary structural members and primary structural systems as those terms are defined in s. 627.706, by a licensed architect or engineer authorized to practice in this state for the purposes of attesting to the life safety and adequacy of the structural components of the building and,to the extent reasonably possible, determining the general structural condition of the building as it affects the safety of such building, including a determination of any necessary maintenance, repair, or replacement of any structural component of the building. The purpose of such inspection is not to determine if the condition of an existing building is in compliance with the Florida Building Code, National Electrical Code or the Fire Safety Code Owner. Means the fee simple title holder of the land on which a building subject to Building Recertification Inspection is situated or, in the case of condominium or cooperative type of ownership, shall mean the person or entity responsible for the structure and common systems of a building subject to Building Recertification Inspection. Substantial structural deterioration. Means substantial structural distress that negatively affects a building's general structural condition and integrity.The term does not include surface imperfections such as cracks, distortion, sagging, deflections, misalignment, signs of leakage, or peeling of finishes unless the licensed engineer or architect performing the phase one or phase two inspection determines that such surface imperfections are a sign of substantial structural deterioration. Threshold Building. In accordance with Florida Statute 553.71, means any building which is greater than 3 stories or 50 feet in height, or which has an assembly occupancy classification that exceeds 5,000 square feet in area and an occupant content of greater than 500 persons. 110.11.5 Required Building Recertification Inspection. 1. Threshold buildings within Boynton Beach City limits, by December 31st of the year in which the building reaches 25 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter. 2. Condominium associations and Cooperative associations within Boynton Beach City limits, that are three stories or more in height by December 31st of the year in which the building reaches 25 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years hereafter Exceptions: a) Single-family,two-family,three-family and Town homes with three or fewer habitable stories above ground. b) State or University and Palm Beach County School buildings. c) U S Government, State of Florida, Palm Beach County and local municipal buildings. 110.11.5.1 Subsequent Building Recertification Inspections shall be required at ten (10) year intervals from the date of the 25th anniversary of existence of buildings or structures regardless of when the inspection report for same is finalized or filed. 110.11.6 Inspection Procedures. Procedures established herein are basic guidelines for the Building Recertification program.These guidelines shall not be construed as permitting the removal or non- maintenance of any existing devices or safeguards unless authorized by the Building Official. 110.11.6.1 In addition to the requirements set forth in this section,the Building Official shall provide Building Recertification Inspection Guideline for Structural and Electrical reports and criteria for the Building Recertification program and the program's applicable inspections and report(s), which shall be mandatory. 110.11.6.2 Duty to Report.Any engineer or architect who performs an inspection of an existing building or structure has a duty to report to the Building Official any findings that, if left unaddressed, would endanger life or property no later than ten (10) days after informing the building owner of such findings unless the engineer or architect is made aware that action has been taken to address such findings in accordance with applicable code. However, if such engineer or architect finds that there are conditions in the building or structure causing an actual or immediate danger of the failure or collapse of a building or structure, or there is a health, windstorm or fire hazard, such engineer or architect shall report such conditions to the Building Official within twenty-four(24) hours of the time of discovery. 110.11.7 Inspection Notification. Upon determining that a building must have a Building Recertification Inspection,the Building Official shall provide written notices of such required inspection to the owner, by certified mail, return receipt requested not less than one year (365 calendar days) prior to the recertification anniversary year, and may provide such additional notice as the Building Official deems appropriate and useful. 110.11.7.1 Unclaimed Notice. In the event that the Notice of Building Recertification is returned unclaimed, said Notice shall be posted by the Building Official at the building. Failure to receive notice of any required inspection shall not relieve the Owner of its obligations pursuant to this section. 110.11.8 Required Recertification Inspection. Within 90 calendar days after receiving the written notice, per section 110.11.8, the owner, must complete Phase One of the Building Recertification Inspection. For purposes of this section, completion of Phase One and Phase Two if required, of the Building Recertification means the licensed Engineer(s) or Architect who performed the Phase One inspection and Phase Two if required, submit the inspection report by e-mail, United States Postal Service, or commercial delivery service to the local enforcement agency, reports by email shall be electronically signed. 110.11.8.1 Phase One Building Recertification Inspection.The licensed Architect or Engineer(s) authorized to practice in this state shall perform a visual examination of the electrical service system, habitable and non-habitable areas of a building, including, all balconies, guardrails,the major structural components of a building or structure and provide a qualitative assessment of the structural and electrical conditions of the building. 110.11.8.1.1 If the Architect or Engineer(s)finds no signs of electrical service system or substantial structural deterioration to any electrical service system or building components under visual examination, Phase Two Building Recertification Inspection is not required. 110.11.8.1.2 The Architect or Engineer(s) who completes a Phase One Building Recertification Inspection shall prepare and submit the structural and electrical reports in conformity with the Building and Electrical Recertification Inspection Guidelines and any additional comments or observations of the conditions of the building. 110.11.8.2 Phase Two Building Recertification Inspection. Phase Two Building Recertification Inspection must be performed if any electrical service system or substantial structural deterioration is identified during Phase One Inspection. A Phase Two inspection may involve destructive or nondestructive testing at the inspector's direction.The inspection may be as extensive or as limited as necessary to fully assess areas of structural distress in order to confirm that the building is electrically and structurally sound and safe for its intended use and to recommend a program for fully assessing and repairing distressed and damaged portions of the building and electrical service system. When determining testing locations, the inspector must give preference to locations that are the least disruptive and most easily repairable while still being representative of the structure. 110.11.8.2.1 The Architect or Engineer(s) who completes a Phase Two Building Recertification Inspection shall prepare and submit the structural and electrical reports in conformity with the Building and Electrical Recertification Inspection Guidelines and any additional comments or observations of the conditions of the building. 110.11.9 Building Recertification Report.The owner, of a building or structure subject to Building Recertification Inspection shall furnish, or cause to be furnished, within one hundred and eighty (180) calendar days of notice of required Phase one and or Phase two inspection(s) Building Recertification Inspection form, photographs and additional supporting documents to the Building Official, prepared by a Professional Structural Engineer, Electrical Engineer or Architect registered in the State of Florida, attest and certify that each such building or structure is structurally and electrically safe, or has been made structurally and electrically safe for the specified use for continued occupancy, in conformity with the Building and Electrical Recertification Inspection Guidelines as provided by the Building Official. Both Structural and Electrical reports must be submitted together. 110.11.9.1 Any and all drafts/versions. of the report, or portions of the report, that are provided to the owner shall also be provided to the Building Official. 110.11.9.2 Reports.The structural and electrical service system inspection reports must, at a minimum, meet all of the following criteria including the required information from Building and Electrical Guidelines as provided by the Building Official: 1. Name of Inspection Firm or individual, Inspection date, Inspection made by, address, email and phone number 2. Bear the seal and signature, or electronically signed, of the licensed engineer or architect who performed the inspection. 3. Indicate the manner and type of inspection, Phase one or Phase two, forming the basis for the inspection report. 4. Building/structure address, property control number, legal description, owners name, owner mailing address and phone number 5. Reasonably known age of building, number of stories and square footage 6. Construction type and Occupancy classification in accordance with Building Code edition 7. Identify any electrical service system and substantial structural deterioration, within a reasonable professional probability based on the scope of the inspection, describe the extent of such deterioration, and identify any recommended repairs for such deterioration. 8. State whether unsafe or dangerous conditions, as those terms are defined in the Florida Building Code or National Electrical Code, were observed. 9. Recommend any remedial or preventive repair for any items that are damaged but are not substantial structural deterioration or the electrical service system unsafe. 10. Identify and describe any items requiring further inspection and supporting documentation. 110.11.10 Administrative Review.The Building Official and Floodplain Manager will perform an administrative review of the Building Recertification Inspection Report(s) to determine whether it satisfies the requirements of this section and chapter 4 article X City of Boynton Flood ordinance. If the Building Official determines that the Building Recertification Inspection Report(s) do not satisfy the applicable requirements, the Building Official will notify the owner of the deficiencies in writing and the owner shall have 30 calendar days from such determination to make necessary changes to the report and resubmit for review. Up to three resubmittals are allowed in order to reach a determination that the requirements have been satisfied. 110.11.10.1 If after the third resubmittal, the Building Official determines that the Report(s) do not satisfy the requirements,the matter shall be automatically sent to the Special Magistrate or Code Enforcement Board, as appropriate. 110.11.11 Repair plan and schedule. In the event the electrical service system, structural repairs or modifications are found by the Architect or Engineer(s) retained by the building owner to be necessary as documented by the Phase Two Inspection report,the owner shall have 30 calendar days from the date the Building Recertification Inspection Report is determined by the Building Official to satisfy the requirements of this section. 110.11.11.1 The owner shall submit a plan to correct the deficiencies ("repair plan"), which repair plan shall include a detailed proposed schedule to complete said repairs, including a schedule for submittal of application(s) for any required permit(s).The repair plan, including the schedule for completion of repairs, shall be subject to review and approval by the building official. 110.11.11.2 The owner shall have a total of 180 calendar days from the date of the Building Recertification Inspection Report is determined by the Building Official to satisfy the requirements of this section, unless otherwise specified by the Building Official, in which to permit and correct the structural and electrical service system deficiencies that pose an immediate threat to life, health, safety or where failure of a critical component is imminent. 110.11.11.2.1 Once the corrections have been completed, the Engineer(s), or Architect shall re-inspect the areas noted on the original report and shall provide the building owner a signed and sealed letter or electronically signed, stating all corrections have all been completed.The building owner shall submit that letter to the Building Official. 110.11.11.2.2 For deficiencies that cannot be corrected within 180 calendar days,the time frame may be extended when a time frame is specified by the Professional Engineer(s) or Registered Architect and approved by the Building Official. Such extension shall be contingent on maintaining an active building permit as specified in section 105.4.1 Boynton Beach Administrative Code. 110.11.11.3 Repairs or modifications of deficient conditions that are incidental and non-life threatening shall be completed within a time frame as specified by the inspecting Professional Engineer or Registered Architect and approved by the Building Official. All repairs or modifications shall be completed in conformance with all applicable Sections of the Florida Existing Building Code and the National Electrical Code. 110.11.11.3.1 The Florida Existing Building Code will specify whether the repairs or modification can be made under the code in effect when the building was originally permitted or the code currently in effect. 110.11.12 Repair or Modification Requirements. In the event an owner fails to timely furnish the Building Official with a recertification report, seek an extension to furnish a recertification report, or comply with repair or modification requirements as determined from the Building Recertification Inspection Report(s) as set forth herein the structure may be deemed to be unsafe and unfit for occupation. Such findings shall be reviewed by the Building Official and may be sent to the Special Magistrate or Code Enforcement Board, as appropriate. 110.11.12.1 Emergency Hearing.The Building Official may elect the choice of either a Special Magistrate or Code Enforcement Board as set forth under Florida Statutes Sec. 162,to conduct an emergency hearing if any of the following occurs; 1.The owner, fails to submit the Building Recertification Report by the required deadline per section 110.11.9 2.The Building Official determines the owner failed to make required changes and resubmit the report within required time frames per sections 110.11.10 and 110.11.10.1 does not satisfy the requirements of sections 110.11.10 and 110.11.10.1 3.The owner,fails to submit the Repair Plan and Schedule by the required time frames per section 110.11.11 4.The Building Official may prescribe timelines and penalties with respect to compliance with this section. 5. The Building Official determines that the written recertification report contains any misrepresentation of the actual conditions of the building or structure. 110.11.13 Building Recertification fees. For each building or structure to be Recertified,the application, resubmittal and extension fees shall be paid as required, in accordance with the schedule as established by the applicable governing authority. 110.11.13.1 Report Extension Requests. The Building Official may issue an extension of not more than 60 calendar days to submit a recertification report or to obtain any necessary permits upon a written extension request from an engineer or architect. Such request must contain a signed and sealed statement from the engineer or architect that the building may continue to be occupied while undergoing recertification. 110.11.14 Permit fees. In the event the electrical service system, structural repairs or modifications are required, a permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid, in accordance with the schedule as established by the applicable governing authority. 110.11.15 Appeals Procedure.The Building Board of Adjustments and Appeals shall have the power, as further defined in Section 113 of the Boynton Beach Administrative Amendments to hear appeals of decisions and interpretations of the Building Official relating to the Florida Building Code and local amendments, including decisions of the Building Official related to the Building Recertification Inspection and of the Floodplain Administrator relating to flood damage prevention and floodplain management codes contained in Chapter 4 Article X, Code of Ordinances. 110.11.15.1 Decisions and Interpretations.The permit holder, or the owner of a building subject to the Building Recertification Inspection program may appeal the applicable decision of the Building Official or Floodplain Administrator to the Building Board of Adjustments and Appeal whenever one of the following conditions are claimed to exist: 1.The Building Official determined,the submittal of the Building Recertification Inspection Report by the required deadline per section 110.11.9 2.The Building Official determined, after three submittals, that the Building Recertification Inspection report submitted pursuant to per sections 110.11.9 and 110.11.9.2 did not satisfy the requirements of that section. 3.The Building Official determined the submittal of the Repair Plan and Schedule by the required deadline per sections 110.11.11 3.The Building Official or Floodplain Administrator 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 electrical service system; 4.The provisions of this building code do not apply to this specific case 5. That an equally good or more desirable form of installation can be employed in any specific case, which the building official or floodplain administrator has rejected or refused. 6.The true intent and meaning of this building code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 110.11.15.2 Ineligible appeals. 1.The Building Board of Adjustments and Appeal shall not consider an application for an appeal from the provisions of this building code, or grant relief from the provisions thereof, when such authority is vested in another board or the City Council. 2. No application shall be accepted by the City if a similar request for an appeal has been considered by the Board and denied at any time within 180 calendar days immediately prior to the date the application is submitted. 110.11.16 Extensions.The Building Official may issue an extension of not more than 60 calendar days to submit a recertification report or to obtain any necessary permits upon a written extension request from an engineer or architect. Such request must contain a signed and sealed statement from the engineer or architect that the building may continue to be occupied.