HomeMy WebLinkAbout04-14-2021 CC AgendaIndividuals are subject to screening prior to entering any City building and entry may be denied
if any indicator of illness or prior COVID exposure is identified. All persons entering City Council
Chambers where social distancing is not possible, shall wear face coverings. R-20-32 Sec. 1(1;)
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SEBASTLANN
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL REGULAR MEETING
AGENDA
WEDNESDAY, APRIL 14, 2021 — 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
OR ON THE CITY'S WEBSITE
1. CALL TO ORDER
2. INVOCATION — Pastor David Daniel, Sebastian Church of God
3. PLEDGE OF ALLEGIANCE — Led by Vice Mayor Hill
4. ROLL CALL
5. AGENDA MODIFICATIONS
Modifications for additions require a unanimous vote of City Council
6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff.
No public input or actions under this heading.
A. Proclamation — National Public Safety Telecom municators' Week —April 11-17, 2021
B. Proclamation — National Volunteer Week — April 18-24, 2021
pg 6 C. Announcement — Council Member Fred Jones Completed Florida League of
Cities University Online Orientation for Newly Elected Officials
Brief Announcements:
• Monday, April 19 - FDOT Public Workshop on the Proposed Roundabout at the CR510166th Ave
Intersection in Council Chambers -- 5:30pm
• Saturday, April 24 - Earth Day Celebration at Riverview Park - 9am — 4pm
• Tuesday, April 27 - Charter Review Committee's 2"d Public Hearing in Council Chambers — 6p,rn
7. PUBLIC INPUT
The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring
NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED
AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are
asked to provide copies of materials for Council one week prior to the meeting if they intend to refer to
specific material. City Council will not debate an issue during Public Input but may by consensus direct a
Charter Officer in regard to the item if necessary or place a requested item on a future agenda.
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8. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no
separate discussion of consent agenda items unless a member of City Council so requests; in which event,
the item will be removed and acted upon separately. if a member of the public wishes to provide input on a
consent agenda item, he/she should request a Council Member to remove the item for discussion prior to
start of the meeting or by raising his/her hand to be recognized.
pgs 7-12 A. Approval of Minutes — March 24, 2021 Regular City Council Meeting
pgs 13-29 B. Resolution No. R-21-08 — Abandonment of Rear Yard Easement, 133 Nebraska
Circle (Transmittal, R-21-08, Map, Report, Approvals, Application)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 9, BLOCK 447,
SEBASTIAN HIGHLANDS UNIT 17, PROVIDING FOR CONFLICTS HEREWITH;
PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS;
PROVIDING FOR EFFECTIVE DATE.
pgs 30-33 C. Approve Road Closure and the Use of the Community Center for HALO's 5K
"Chase Your Tail" Event on April 24, 2021 (Transmittal, Application, Receipt,
Insurance)
pg 34 D. Consider Request from Sebastian River Junior Women's Club and the Pelican
Island Conservation Society to Sell Alcohol at the Arbor Day and Earth Day
Celebration in Riverview Park on April 24, 2021 from 9:00 a.m. to 4:00 p.m.
(Transmittal)
pgs 35-37 E. Approve Alcoholic Beverages at the Community Center for the Perez Family
Event on May 15, 2021 from 6:00 pm to 10:00 pm - DOB Verified (Transmittal,
Application, Receipt)
9. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public input or action except for
City committee member nominations and appointments under this heading.
10. PUBLIC HEARINGS - None
11. UNFINISHED BUSINESS
pgs 38-65 A. Approve Design Build Guaranteed Maximum Price (GMP) Work Services
Agreement with Ahrens Enterprises, Inc. dba Ahrens Companies, 2nd Ranked
Firm of RFQ 19-04 Design Build of Hangar "D" at Sebastian Municipal Airport in
the Amount of $1,964,187.00 (Transmittal, Proposal,
12. NEW BUSINESS
pgs 66-76 A. First Reading Ordinance No. 0-21-03 — Proposed Land Development Code
Amendment in Regards to Mobile Food Establishments and Criteria for
Temporary Uses — Set Public Hearing for May 12, 2021 (Transmittal, 0-21-03,
F.S.509.102)
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AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND
DEVELOPMENT CODE SECTION 54-5-22.2, DEFINITION OF TERMS BY CREATING
A DEFINITION FOR MOBILE FOOD ESTABLISHMENTS, AMENDING LAND
DEVELOPMENT CODE SECTIONS 54-2-3.2, 3.3, AND 3.4 RELATING TO THE
PROCEDURES AND CRITERIA FOR REVIEW OF TEMPORARY USES, AND
INITIATING LAND DEVELOPMENT CODE SECTION 54-2-3.6 WHICH INSTATES
PROCEDURES AND CRITERIA FOR MOBILE FOOD ESTABLISHMENTS; PROVING
FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR
AN EFFECTIVE DATE.
pgs 77-88 B. First Reading Ordinance No. 0-21-04 — Amending City Code Chapter 46 -
Floods — Set Public Hearing for May 12, 2021 (Transmittal, 0-21-04)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE
OF ORDINANCES CHAPTER 46 FLOODS TO AMEND DIVISION 1 — GENERALLY; TO
ADD DIVISION 2 — DEFINITIONS FOR ACCESSORY STRUCTURE, AND MARKET
VALUE; TO DELETE DIVISION 2 — DEFINITION FOR MANUFACTURED HOME PARK;
TO PROVIDE FOR ACCESSORY STRUCTURES IN FLOOD HAZARD AREAS;
SPECIFY ELEVATION OF MANUFACTURED HOMES IN FLOOD HAZARD AREAS;
PROVIDING FOR APPLICABILITY AND SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S
ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
pgs 89-126 C. First Reading Ordinance No. 0-21-05 — Amending Chapter 26 Buildings and
Building Regulations — Set Public Hearing for May 12, 2021 (Transmittal, 0-21-
05, Admin Model Code)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY OF
SEBASTIAN CODE OF ORDINANCE CHAPTER 26 BUILDINGS AND BUILDING
REGULATIONS; AMENDING ARTICLE II. — BUILDING CODE SECTION 26-31.-
TECHNICAL CODES ADOPTED; AMENDING ARTICLE VI. -CONTRACTORS DIVISION
1.-GENERALLY SECTION 26-168.-RENEWAL OF CERTIFICATE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE
DATE.
pgs 127-128 D. Approve the Purchase and Five Year Service Agreement for the Sebastian
Police Department's Body Worn and In -Car Cameras in the Amount of
$392,915.00 (Transmittal, Quote)
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
15. CITY CLERK MATTERS
16. CITY COUNCIL MATTERS
A. Mayor Dodd
B. Vice Mayor Hill
C. Council Member Jones
D. Council Member McPartlan
E. Council Member Nunn
17. ADJ0U RN (All meetings shall adjourn at 9:30 pm unless extended for up to one half hour by a majority
vote of City Council)
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NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE
FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING OR HEARING WILL 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 HEARD. (F.S.286.0105)
1N COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO
NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S
SEATING ADA COORDINATOR AT 388-8226 —ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
TO PROTECT THE HEALTH AND SAFETY OF CITY OFFICIALS, CITY STAFF, AND THE PUBLIC,
OFFICIALS CAN FULLY PARTICIPATE AND TAKE OFFICIAL ACTION DURING THIS PUBLIC
MEETING BY USE OF COMMERCIAL MEDIA TECHNOLOGY. R-20-34 Sec. 2 (e)
ZOOM Information
Please click the link below to join the webinar:
https://us02web.zoom.us/j/85778766741
Or One tap mobile: US: +13017158592„85778766741 # or +13126266799„85778766741 #
Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 301 715
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International numbers available: https://us02web.zoom.us/u/kdEhFb7tzM
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PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-20-34
Reaular Citv Council Meetinas
Public input is ALLOWED under the headina:
• Consent Agenda
• Public Hearings
Unfinished Business
New Business
Public Input
Public Inout is NOTALLOWED under the headings:
Proclamations, Awards, Brief Announcements (except for individuals giving or accepting
proclamations or awards);
Committee Reports and Appointments (except for committee members giving reports and
applicants being interviewed for committee appointments);
City Council Matters
Charter Officer Matters
Council may, by majority vote, call upon an individual to provide input if desired.
Workshops and Special Meetings
Public input is limited to the item on the agenda
Time Limit
Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however,
City Council may extend or terminate an individual's time by majority vote of Council members
present.
Input Directed to Chair
Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL
DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR,
unless answering a question of a member of City Council or City staff. Individuals shall not
address City Council after commencement of City Council deliberation on an agenda item after
public input has concluded, providing, however, the Mayor and members of City Council may
recall an individual to provide additional information or to answer questions.
Certain Remarks Prohibited
Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not
permitted and may result in expulsion from the meeting. The Chair shall make determinations
on such remarks, subject to the repeal provisions below.
Appealinq Decisions of Chair
Any member of Council may appeal the decision of the Chair to the entire Council. A majority
vote of City Council shall overrule any decision of the Chair.
Public Input Headina on Aaenda
The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals
to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON
THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior
to meetings. Individuals are asked to provide copies of material for Council one week prior to
the meeting if they intend to refer to specific material. City Council will not debate an issue
during Public Input but may be consensus direct a Charter Officer in regard to the item if
necessary or place a requested item on a future agenda.
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W050
,N
HOME Of PELICAN ISLAND
SEBASTIAN CITY COUNCIL REGULAR MEETING
& COMMUNITY REDEVELOPMENT AGENCY
MINUTES
WEDNESDAY, MARCH 24, 2021 — 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor Dodd called the Regular City Council meeting to order at 6:00 p.m.
2. Pastor Seth Goldsmith, Coastal Community Church of Sebastian, gave the invocation.
3. Council Member McPartlan led the Pledge of Allegiance.
4. ROLL CALL:
Mayor Ed Dodd
Council Member Fred Jones
Council Member Bob McPartlan
Council Member Chris Nunn
Members absent:
Vice Mayor Jim Hill (excused)
Staff Present:
City Manager Paul Carlisle
City Attorney Manny Anon, Jr.
City Clerk Jeanette Williams
Community Development Director/CRA Manager Lisa Frazier
Deputy Police Chief Greg Witt
5, AGENDA MODIFICATIONS - None
6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS
21.045 A. Proclamation — Honorina "For the Love of Paws" Senior Pet Sanctuary — Ted
Pankiewicz, Director
Mayor Dodd read and presented the proclamation to Mr. and Mr. Pankiewicz and
Jessica's son, Hunter.
21.046 B. Proclamation — Honorina Shiriev Kilkelly. First Women Enqineer for the U.S.
Apollo Proaram Durina Women's History Month -- March 2021
Mayor Dodd read and presented the proclamation to Brian Langworthy who would
deliver it personally to Ms. Kilkelly.
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Sebastian City Council Meeting
March 24, 2021
Page 2
Brief Announcements:
• Friday, March 26 - Easter Egg Hunt in Riverview Park - Meet the Easter Bunny at 5:30pm &
Egg Hunt at 6:30pm
• Thursday, April 1- Field of Flags Ceremony - Riverview Park - 5:30pm
• Friday, April 2 - Chamber of Commerce Concert in the Park - 5:30pm - 8pm Bobby Owen Band
(Country, Blues, Oldies)
• Saturday, April 3 - Sebastian River Art Club Show at Riverview Park - 10am - 4pm
• Monday, April 5 - North County Water & Sewer Phase 2 Information Meeting in Council Chambers
- 6pm
Mayor Dodd announced the City Manager would not be leaving the City for the Collier
County Manager position and read the upcoming events and announced.
7. PUBLIC INPUT
Alisha and Steve Demont, Damask Lane, said many people on the street are
experiencing a non -draining stormwater problem; they know it is their responsibility to
dig out the swale but the water doesn't go anywhere; the stagnant water attracts insects.
Mitchell Cichy, Damask Lane, said during the last rain the canal flooded at the end of
Damask Lane and read the attached petition requesting help with the stagnant water.
8. Mayor Dodd recessed the City Council meeting and convened the Community
Redevelopment meeting at 6:16 p.m.
A. Approval of Minutes - February 24, 2021 CRA Meetinq
MOTION by Mr. McPartlan and SECOND by Mr. Jones to approve the February
24, 2021 CRA meeting minutes passed with a unanimous voice vote of 4-0.
B. Facade. Sian and Landscaoina Proaram
i. Consider Grant Request from Bowls of Sebastian - 709 U.S. Hiqhwav 1
(Transmittal. Summarv, Application)
The City Manager advised that staff recommended approval of the grant request
from the Bowls of Sebastian Restaurant.
MOTION by Mr. Nunn and SECOND by Mr. McPartlan to approve the grant
application.
Travis Beckett, restaurant owner, thanked the board for the opportunity to open a
business in Sebastian.
Roll call: Mr. Jones
- aye
Mr. McPartlan
- aye
Mr. Nunn
- aye
Chairman Dodd
- aye
Vice Chairman Hill
- absent
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Sebastian City Council Meeting
March 24, 2021
Page 3
Motion carried. 4-0
C. Septic -to -Sewer Program
i. Consider Grant Reauest for 825 U.S. Hiahwav 1 — J & L C Ventures, Inc. —
Commercial Buildina (Transmittal, Application, Quote, Tax Receipt, Deed,
Permit)
The City Manager said this applicant applied in response to the flyers distributed
by the Community Development Department to attract the septic to sewer
conversions and staff recommended approval.
MOTION by Mr. Nunn and SECOND by Mr. Jones to approve the grant request.
Roll call: Mr. Jones - aye
Mr. McPartlan - aye
Mr. Nunn - aye
Chairman Dodd — aye
Vice Chairman Hill — absent
Motion carried. 4-0
21.047 D. Fiscal Year 2020 CRA Annual Report in Accordance with F.S.163.371 - Accept
and Forward to Citv Council (Transmittal, Report)
The CRA Manager said the annual activity report is required by Florida Statute
and once approved, a copy would be submitted to the County who contributes to
the tax increment revenue.
MOTION by Mr. McPartlan and SECOND by Mr. Nunn to recommend transmittal
of the FY2020 CRA Annual Report to Council.
There was no public input.
Chairman Dodd advised there is a fund balance of over $400,000 in the CRA
which is favorable for the City.
Roll call: Mr. McPartlan - aye
Mr. Nunn -aye
Chairman Dodd — aye
Vice Chairman Hill — absent
Mr. Jones -aye
Motion carried. 4-0
9. Chairman Dodd adjourned the Community Redevelopment Agency meeting and
reconvened the City Council meeting at 6:24 p.m.
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Sebastian City Council Meeting
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Page 4
10. CONSENT AGENDA
A. Approval of Minutes — March 10, 2021 Regular City Council Meeting
21.047 B. Fiscal Year 2020 CRA Annual Report in Accordance with F.S.163.371 -
Acceptance by City Council (Transmittal, See Pages 47-62 for Report)
21.048 C. Approve Community Easter Sunrise Service at Riverview Park with Use of Stage
on April 4, 2021 from 6:30 a.m. to 7:30 a.m. (Transmittal, Applications,
Agreement, Receipt)
21.049 D. Approve Alcoholic Beverages at the Yacht Club for the Biggs Family Event on
April 10, 2021 from 12:00 pm to 4:00 pm - DOB Verified (Transmittal, Application,
Receipt)
21.050 E. Approve Alcoholic Beverages at the Yacht Club for the Adams Family Event on
April 17, 2021 from 11:00 am to 5:00 pm - DOB Verified (Transmittal, Application,
Receipt)
21.051 F. Approve Alcoholic Beverages at the Community Center for the Bedolla Family
Event on May 8, 2021 from 4:30 pm to 10:30 pm - DOB Verified (Transmittal,
Application, Receipt)
21.052 G. Approve Alcoholic Beverages at the Community Center for the Arnott Family
Event on May 22, 2021 from 2:00 pm to 10:00 pm - DOB Verified (Transmittal,
Application, Receipt)
MOTION by Council Member McPartlan and SECOND by Council Member Nunn to
approve Consent Agenda Items A-G.
Roll call: Council Member Nunn - aye
Mayor Dodd - aye
Vice Mayor Hill - absent
Council Member Jones - aye
Council Member McPartlan - aye
Motion carried. 4-0
11. COMMITTEE REPORTS & APPOINTMENTS - None
12. PUBLIC HEARINGS - None
13. UNFINISHED BUSINESS - None
14. NEW BUSINESS
21.053 A. Resolution No. R-21-06 — A Resolution in Support of House Bill 1143 and Senate
Bill 1466 as Filed in the 2021 Florida Leqislative Session Related to the Vero
Beach Municipal Airport (Transmittal, R-21-06)
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Sebastian City Council Meeting
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Page 5
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
IN SUPPORT OF HOUSE BILL 1143 AND SENATE BILL 1466 AS FILED IN THE 2021
SESSION OF THE FLORIDA LEGISLATURE; AMENDING SECTION 332.007, FLA.
STATUTE REVISING THE TYPES OF AIRPORTS TO WHICH FUNDS ARE AVAILABLE
FOR ELIGIBLE AVIATION DEVELOPMENT PROJECTS; PROVIDING FOR DELIVERY
TO THE INDIAN RIVER COUNTY LEGISLATIVE DELEGATION AND THE FLORIDA
LEAGUE OF CITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR
AN EFFECTIVE DATE.
The City Attorney read the title of Resolution No. R-21-06. There was no public input.
MOTION by Council Member Jones and SECOND by Council Member McPartlan to
approve Resolution No. R-21-06 passed with a unanimous voice vote of 4-0.
15. CITY ATTORNEY MATTERS
The City Attorney reported that Charter Review meeting was held yesterday and the
Committee would be presenting about eight recommendations to Council after they hold
two public hearings in April.
16. CITY MANAGER MATTERS
The City Manager thanked the Mayor and community for kind words after finding out that
he would be staying in Sebastian.
He said that he had sent them an e-mail regarding the American Recovery Plan that will
provide federal funds to the City and advised that once the rules are established he
would bring (water, sewer, broadband) aspects to them for spending approval.
17. CITY CLERK MATTERS - None
18. CITY COUNCIL MATTERS
A. Council Member Nunn inquired about the out -of -order Waste Management
compaction cans in Riverview Park. The City Manager advised Waste Management is
responsible for them and staff has contacted Waste Management to replace or repair
them.
Council Member Nunn said he has had the pleasure of serving on Council and he hoped
that he would be able to continue in November to help the City grow and when he sees'
people pushing false narratives in the press it upsets him. He said that anyone who
might be thinking about running for Council should do it for the right reason and if
anyone had an item that needed to be addressed or an idea to better the City, he invited
that person to contact him or come to the Council meetings to bring the item forward.
B. Mayor Dodd said there have been a couple of false narratives with pictures of signs
in the park when staff treated for fire ants and he wanted to correct that the City is not
spraying glyphosate and those particular signs were corrected but not changed on social
media. He advised that the City has pulled many tons of vegetation from the canals and
continues to move at break neck pace to remove the vegetation before the rainy season;
he understands the City might have to pull more vegetation.
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Sebastian City Council Meeting
March 24, 2021
Page 6
He said the City is not spraying chemicals and those saying the City is, are not informed
about what the City is doing. He asked the public to look at the City's lakes for
themselves because someone is taking pictures of a small square of some unidentified
lake. He advised that he or the City's Environmental Planner, Kim Haigler, would
accompany anyone that would like to look at a City lake. He clarified the City is not
spraying damaging chemicals or creating algae blooms.
C. Vice Mayor Hill — absent.
D. Council Member Jones advised the lake in the false narrative is a pond; the City has
been doing a great job with the stormwater using best management practices taking
care of the City as we should.
Council Member Jones said he had a great time at the ShrimpFest and he thanked all
the vendors for coming out to earn some income. He had a great time.
E. Council Member McPartlan said he too, has been receiving a -mails regarding the
lake, dead birds and fish. He encouraged people to call the Fish and Wildlife
Commission because they would be very interested if there are dead birds and fish.
Council Member McPartlan also said that he attended the Charter Review meeting
where there will be about seven initiatives brought to Council. He said he appreciated
the board member's work, as well as the other boards.
The City Manager confirmed the Florida Department of Transportation will be holding a
public meeting on the Design Project for CR 510/85th Street from 82nd Avenue to 58th
Avenue to include the proposed roundabout on April 19`h in the City's Council Chamber
that will be televised and recorded.
Council Member McPartlan encouraged the public to get involved now in the early
planning stages now.
Council Member McPar lan noted the Florida Department of Health has been doing a
phenomenal job with the pandemic and vaccines especially since they have been in
crisis mode for over a year now. He noted that he has received calls regarding people
dying from the Pfizer vaccine and he said if someone has a problem, just don't get
vaccinated but Florida has done a good job with the vaccinations.
19. Being no further business, Mayor Dodd adjourned the regular City Council meeting at
6:43 p.m.
Approved at the April 14th Regular City Council meeting.
Mayor Ed Dodd
ATTEST:
Jeanette Williams, City Clerk
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CITY COUNCIL AGENDA TRANSMITTAL
Council Meetinq Date: April 14, 2021
Agenda Item Title: Resolution R-21-08 Abandonment of Rear Yard Easement
Recommendation: Adopt Resolution No. R-21-08
Background: The property owner of 133 Nebraska Circle is requesting to
abandon four (4) feet of the rear twenty (20) foot public utility
easement. A new single family residence is currently under
construction and the owner would like to build a swimming pool
and deck to complement the new residence.
All applicable utility entities have given their approval for the
abandonment, including FP&L, AT&T, Comcast, IRC Utilities and
Public Works. The rear yard abuts a city -owned drainage
waterway.
If Aaenda Item Reauires Expenditure of Funds:
Budgeted Amount: N1A
Total Cost: N1A
Funds to Be Utilized for Appropriation: N1A
Attachments:
I.
R-21-08
2.
Site Map
3.
Staff Report
4.
Utility Approvals
5.
Application
Administrative Services Depart nt Re �• 4 ��
City Attorney Review:.
Procurement Division Review, ifapplicable: N�
City Manager Authorization: /
Date:
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RESOLUTION NO. R-21-08
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN
EASEMENT ON LOT 9, BLOCK 447, SEBASTIAN HIGHLANDS UNIT
17; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR
RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, Clinton Hiner, owner of the land at 133 Nebraska Circle, Sebastian,
Florida, has filed a request for abandonment of the public utility and drainage easements along
the interior lot lines of the site; and
WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have
all consented to abandonment thereof.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. VACATION OF EASEMENT. The City Council of the City of
Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land
previously dedicated for a public utility and drainage easement described as follows:
The southeastern most 4 (four) feet of the rear public utility and drainage easement located
on the northwestern most twenty (20) feet of Lot 9, Block 447, Sebastian Highlands Unit
17, less the northeastern most six (6) feet and the southwestern most six (6) feet thereof.
all located within the City of Sebastian, Indian River County, Florida.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. RECORDING. This resolution shall be recorded in the public
records of Indian River County, Florida.
Section 4. SCRIVENER'S ERRORS. Sections of this resolution may be
renumbered or re -lettered and corrections of typographical errors which do not affect the intent
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may be authorized by the City Manager, or the City Manager's designee, without need of further
action of the City Council by filing a corrected copy of same with the City Clerk.
Section 5. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember
. The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Ed Dodd
Vice Mayor Jim Hill
Councilmember Christopher Nunn
Councilmember Fred Jones
Councilmember Bob McPartlan
The Mayor thereupon declared this Resolution duly passed and adopted this I e day of April,
2021.
CITY OF SEBASTIAN, FLORIDA
By:
Ed Dodd, Mayor
ATTEST:
Jeanette Williams, MMC
City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
Manny Anon, City Attorney
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ABANDONMENT OF EASEMENT
Staff Report
1. Project Name: Swimming Pool and Deck for Hines Residential Property
2. Requested Action: Abandonment of the southeastern most 4 (four) feet of the rear public:
utility and drainage easement located on the northwestern most twenty (20) feet of Lot 9.
Block 447, Sebastian Highlands Unit 17, less the northeastern most six (6) feet and the
southwestern most six (6) feet thereof.
3. Project Location:
a. Address: 133 Nebraska Circle
b. Legal: Lots 8 and 9, Block 447, Sebastian Highlands Unit 17, according to
the Plat thereof, as recorded in Plat Book 8, Page 46 of the Public
Records of Indian River County
4. Property Owner:
a. Name: Clinton Hiner
b. Address
5. Project Agent:
a. Nance:
b. Address
901 Montrose Avenue
Sebastian, FL 32958
(772)200-0302
Clinton Hiner
Same as above
6. Project Description:
a. Narrative of proposed action: Application leas been made for abandonment of the
southeastern most four (4) feet of the rear public utility and drainage easement on lot 9 only.
17 of 128
This home is currently under construction and the homeowners would also like to build a
swimming pool and deck that would encroach into the easement.
b. Zoning: RS-10
C. Future Land Use: LDR
d. Existing Land Use: Single-family residence
7. Utilities Comments:
a.
Florida Power & Light:
Approved
b.
BellSouth/AT&T:
Approved
C.
Comcast Cable:
Approved
d.
Indian Raver Count} Utilities:
Approved
C.
City Engineering (drainage):
Approved
f.
Public Works
Approved
8. Planning and Zoning Division Comments: A unity of title has been recorded for lots 8
and 9.
9. Staff Recommendation: Approve Resolution R-21-08
�repared by Date
Michelle Faulkner, CFit9, Planner
18 of 128
LD OF
49
HOME OF PELICAN ISLAND
COMMUNIATY DEVELOPMENT DEPARTMENT
1225 MAIN STREET ok SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 k FAX (772) 388.8248
wrmcityoiseb aslion. org
REOUEST FOR ABANDONMENT OF EASEMENT
December 10, 2020
The City of Sebastian is considering a request to abandon a portion of the casement described
below, Please review this request in regards to your public utility smices and provide your
comments.
DescriMion of Easement to be abandoned: Abandonment of the southeastern most 4 (four) feet
of the rear public utility and drainage easement located on the northwestern most twenty
(20) feet of Lot 9, Block 447, Sebastian Highlands Unit 17, less the northeastern most six
(6) feel and the southwestern most six (6) feel thereof:
Location of Easement: 133 Nebraska Circle, Sebastian, FL. 32958
UTI1,11'Y; Kenneth Griffin, Public Works DircctorlCily Engineer Yin Email: kgriffin@cityofsebastian.org
APPROVED:DENIED: DATE:
APPROVEDIDE:NIE❑ BY: .,�i� f"E
(Signaturere)
COMMENTS: N
p V
Return to: Michelle Faulkner, !Tanner, Community Development Dept.
infuull ncruveityofsebastiati.carg or Fax (772) 388-8248
19 of 128
MeF
50E - ... NN
q;jmj
HOME OF PELICAN ISLAND
COMMU14ITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET m SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 w FAX (772) 388-8248
www.cifyolsebastion.org
REOUEST FOR ABANDONMENT OF EASEMENT
December 10, 2020
The City of Sebastian is considering a request to abandon a Portion of the easement described
below. Please review this request in regards to your Public utility services and provide your
DeserhWon of Easement to be abandoned: Abandonment of the southeastern most 4 (four) feet
of the rear public utility and drainage easement located on the northwestern most twenty
(20) feel of Lot 9, Block 447, Sebastian Highlands Unit 17, less the northeastern most six
(6) feet and the southwestern most six (6) feet thereof.
Location of Easement: 133 Nebraska Circle, Sebastian. FL. 32958
UTILITY: Kevin N. Osthus, I.R.C. Utilities Via email: kosthus(it;ir_ceov.com
APPROVED: DENIED: DATE: 02/16/2021
APPROVEDIDENIED BY: 04 GGc
(Signature)
COMMENTS:
Return to: Michelle Faulkner, Planner, Community Development Dept.
nifaulknerf`r! CitN'(1t-SCbaN1Lwi.oru or Fax (772) 388-8248
20 of 128
01) 0
sEBASTIAN
HOME OF PELICAN ISLAND
COMMUNITY DEVEI.OPMENi DEPARTMENT
1225 MAIN 51REE1 r SEBAS11AN- FLORIDA 32958
TELEPHONE (772) 589.5518 ■ FAX (772) 368-8248
www.cityofsebustian.or9
REOLIEST FO€Z ABANDONINIENT OF EASUMENT
December 1 f I. 202(1
The City of SChilslian Is consi et,1119 a 1'e(It1Cst tU abandon a pollion of [Ile t a"ellicill (Icscrlhc(I
below. Pie-ase re\ icw this request in regards l(, yntlr 1`1111-1iC Ltt111tti tics'\ 1CCS 1111(1 111-M ide \our
C9,llllllents.
1)escrintion of Eascnleut to be ulrinEluneti: Aharni(lnlnenl nl�tile srtuthcl.lstcl'11 n1(,st -4 I li,ur} f�cl
of t}1c rear public utility and (lrainauc C'.iscment locatctl (III [lie noul111\'cstern most t\\'c'111V
(20) feet „1 Lot (). 131oCk 447. Schastian I lighland.s 1:11it 17. less the norlheastern r11(lsl six
(6) li:el an(l the S0LItI1WL!NIeI.11 IIWSI SiN (6) fed 111CI-C(If.
Location ul l?.Iscment: 133 Nebraska Circle. Schaylian. FL. 321),5
UT11,111'. FPL. 1'i11 email; �; I,". r 1 e+c tt31 coi l
APPROVED: _ U DENIED: T — DATE: V"� ldbf 2�Z1
APPROVEU.DENIED BY:
�,(Si�11111urcj
C'n;•91iEN-1-S:_��L �Qpt�V��>
a£` tsti+vK-e\ k-- -S �'ws.vh tiivl--Yk I Vi -
RCIL111110: \hd1C11L' I ;iu11,I,L-1. I hIMICr. t ,r11rl1ullrli 1)C\Cluilnunl Uel,t.
of, Fax (772) 38ti-X24S
21 of 128
CITYC*
SEBASTLA
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET r SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 a FAX (772) 388-6248
www.ciiyofsebastion.org
REOUEST FOR ABANDONMENT OF EASEMENT
December 10, 2020
The City of Sebastian is considering, a request to abandon a portion of the easement described
below. Please review this request in regards to your public utility services and provide your
comments.
Description of Easement to be abandoned: Abandonment of the southeastern most 4 (four) feet
of the rear public utility and drainage easement located on the northwestern most twenty
(20) feel of Lot 9, Block 447, Sebastian Highlands Unit 17. less the northeastern most six
(6) feet and the southwestern tnost six (6) feet thereof.
Location of Easement: 133 Nebraska Circle, Sebastian, FL. 32958
UTILITY: Sandra Stockner, Comeast Via Email:Sr�ndnt_Stoctuier�lcable.ct►mcast.com
APPROVED: X DENIED: DATE: 2-12-21
APPROVED/DENIED BY:�(Signatule
)
COMMENTS:
Return to: Michelle Faulkner, Planner, Community Development Dept.
ntfi�t�lknc r(�r citvofsel3:Esriacr.c]rL or Fax (772) 388-8248
22 of 128
ONO[
SEsAqnAN
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET it SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248
www.cifyofsebasilan.org
REOUEST FOR ABANDONMENT OF EASEMENT
December 10, 2020
The City of Sebastian is considering a request to abandon a portion of the easement described
below. Please review this request in regards to your public utility services and provide your
comments.
Description of Easement to be abandoned: Abandonment of the sotithcasleni rnost 4 (four) feet
of the rear public utility and drainage easement located on the northwestern most twenty
(20) feet of Lot 9, 131ock 447, Sebastian Highlands Unit 17. less the northeastern most six
(6) feet and the southwestern most six (b) feel thereof.
Location of Easement: 133 Nebraska Circle:, Sebastian, FL. 32958
UTILITY: 11"irl; Walker, Bell South/AT&T Via email: 1)\v4222 -.itt.com
APPROVED: X DFNIED: '.1 DATE:
APPR0VED/Dl NIL•:D BY: A�
(Signature)
COMMENTS: i
Please call for locates prior to digging.
Return to: Michelle Faulkner. Planner, Community Development Dept.
nti'aulkiieila�c;itvotsebastian.ort; or l;ax (772) ih8-9248
23 of 128
Permit Application No.io _~ Oc3
,,:. A
SE 1g/kIN Glity Of Sebastian
rioW or rwcnti rsunn Development Order Application
Applicant (If not owner, written authorization (notarized) from owner is required)
Name: I
C iI11 �f�►t �l�ilr t -
Address:
Phone Number: ( j. 4 FAX Number: ( )
E-Mail:
J
Owner (If different from applicant)
I Name:
Address
Phone Number: ( ) - FAX Number
E-Mail:
Title of permit or action requested: 1
i J .` J rL rjw�i.' � ► % � 1,.� 1 t ! ��{� � �.! '.Y �) l..ci � L '�
1J
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR Tt IE PERMIT OR ACTION THAT YOU ARE REQUESTING,
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND $-112" BY 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORIA.
A. Project Name (if applicable):
B. Site Information
Address:
Lot: Block: r 111 Unit: Subdivision:
Indian River County Parcel #>t: l
/I '__1141 I L 'c`'(f / `/ I/
Zoning Classification: Future Land Use:
E,) -sting U e: Proposed Use:
C. Detailed description of proposed activity and pirpose of the requested permit or action (attach
extra sheets if necessarv):
DATE RECEIVED: 11.? 1ADA0 FEE PAID: $ ATO Uv RECEIVED BY:
24 of 128
Permit Application No.
C D. Project Personnel:
Agent: ---
Name: — --
Address
Phone Number: ( ) FAX Number:
E-Mail:
Attorney:
Name:
Address
Phone Number: ( ) - FAX Number:
f E-Mail: - - - -
Engineer:
Name: --
Address
Phone Number: ( ) - FAX Number:
E-Mail:
Surveyor:
Name: 1
Address box �:t�1j 1c� �r ) �f—yr t.� (!t� 1� �. 3�`lb j
Phone Number: ( ) - FAX Number:
E-Mail: L.
1 ( { I It 1, I ! ), r-It! I , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ E AM THE OWNER I
AM THE LEGAL REPRESE14TATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF,
SIGNATURE 1 DATE
SWORN TO AND SUBSCRIBED BEFORE ME BY I I Id v? l 111# 11 1_1 l,
WHO IS PERSONALLY KNOWN TO ME OR PRODUCED
AS IDENTIFICATIOIQ, TI IIS DAY OF
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY K ,-04 i �•- � l �, , r J�.� < ,
COMMISSION No./EXPIRATION
SEAL - --- --
.,"YEN, KRIS t INA L GRUN7-Wr:1G
''
naY cannmIsssoN 1+cac06408r
'�v�ry;?• E}fPlftl=5 Jrinuaiy 10, 201
25 of 128
Permit Applicallon JO--00
'o'Gec. follc.ov;roYact Is Ev'(010five"O fob ;.ull C:Ok.a1weliebisiucu talr`aYa c`9fiiC:GiEQYGa( Yi��,y FQiilYio :1a acilithilelles
(IGaa:lena olou rc�nRalr,a �, VA90 falutts, coudiflobiW tisro Iaovitilft, slarvcftl Rase I)eriaai9n, varriniiccs,
er!scelifioils, aRid Radio alse
I(WE, e THE OWNER(S) 1 — THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE
BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY/OUR PENDING APPLICATION.
UWE HEREBY WAIVE ANY OBJECTION OR DEFENSE IIWE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARDICOMMISSIDN MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING,
THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN,
SIGNATURE DATE
Sworn to and subscribed before me by i i ►t f;,, It IL., L-
who is personally known to me or produced
as identification, this __ day of , 20
Notary's SignatureL-
Printed Name of Notary, �,},I I I. [-- �i ►r FlLrC1
Commission No./Expiration t j'! 7 nl ► —y
Seal:
ol3u>u�wL
h�s' rev rar�In1lssrb
XP1r-"L-S,lf,nnary 0.2021
�.r
26 of 128
Permil Application No.
C"Lf Supplemental Information
SE8ASTIA-N Easements, vacation of
HOME OF PELICAN ISLAND
1. Describe the easement to be vacated (provide a legal description, if possible):
r r��
2. Why is this vacation of easement being requested?
3. Attach a survey showing the location of the property lines, all easements and all
structures on the property.
27 of 128
CPC(
ASTIAN
�- --
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetinq Date: April 14, 2021
Aqenda Item Title: HALO No -Kill Rescue — Chase Your Tail 5K Event
Recommendation: Approve April 24, 2021 date for HALO's 5K "Chase Your Tail" event hosted
at the Community Center. Requested event time is from 6:00am to 11:00am.
Background: HALO No -Kill Rescue is seeking Council approval to host their annual 5K run
on April 24, 2021 from 6:00am until approximately 11:00am. This event
begins and ends at the Sebastian Community Center. Although most of the
5K route falls under the county's jurisdiction, the Sheriffs Office has
recommended closing a small part of Indian River Drive from 9:00am until
11:00am that falls under the City's jurisdiction for safety issues. We will close
Indian River Drive from Davis Street to the Archie Smith Fish House. The
road will remain open to people who live on Indian River Drive. The
remaining portion of Indian River Drive to be closed falls under the County's
jurisdiction. This event's road closures have all been approved by the IRC
Public Works/Traffic Engineering Division on 03/30/2021. They are expecting
approximately 200 attendees.
If Aqenda Item Requires Expenditure of Funds: NIA
Budgeted Amount:
Total Cost:
Funds to Be Utilized for Appropriation:
Attachments:
1. Rental Permit Application
2. Payment Receipt
3. Certificate of Liability Insurance
Administrative Services Department Review: NIA
City Attorney Review: NIA
Procurement Division Review, if applicable: NIA
City Manager Authorization:
Date: �!
30 of 128
MCV
SEI
HOME OF PELICAN ISLAND
4 ��-9 12,02-1
6,0aig-M- II!00r
CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION
1225 Main street
Sebastian, FL 32958
Parks Phone: (772) 228-7054 FAX: (772) 388-8249
*For emergency purposes ONLY, please dial772.473.0434•
Date: \'\� 1 ai , Community Center ❑ Yacht Club
Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable)
Physical Address Mailing Address (if different)
city State Phone E-Mail
UIcov- `'ROSk1 47�)(w
Reason for Rental —Type of Function
Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15)
C�n,ri 1 a�-1, boa. U, e0 or,-) w 1 � . cnwn
Requested Date Time: From To
Please answer the following yes or no: y
1) Are you a resident of Sebastian? C__j
2) Will there be an admission charge or door charge? �A.e 1)
3) Will alcoholic beverages be served? As_�
If yes, please provide govt. issued ID proof of age
Date of Birth Verified by
I, AW 1TN0D(3kr_S , the undersigned, acknowledge that I am the applicant or authorized agent of the above
referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this
application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City
facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however,
failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full,
of the security deposit. N4�j��
Signaturkfif Applicant
Revised 112021
31 of 128
CITY OF SEBASTIAN
LEISURE SERVICES RECEIPT 2145
Name 14AL0 .S't, c ❑ Cash
4 cQ - 45 Date Check #
,l.J
57
/c- Even-t 412koi-I ❑Credit
CQ 100 o-wl — l < t 0-00- N Amount Paid
001001 208001 Sales Tax i
001001 220000 Security Deposit0.00
001501 362100 Taxable Rent
001501 362150 Non -Taxable Rent
001501 342100 Police Security Services
001501 366150 Brick Pavers
001501 366000 Memorial Benches
001501 369400 Reimbursement Services
J'e l4Ar, t YOUR T7-\ I L 5F '
r ,,+ C1-i h►5i -A zo0.00
s A68 "t houv 30.00
2,3V, 00
d s co uL^4--
T fay' Due.
4)00
3 �5
or
Initials T� Total Paid
White - Dept. of Origin - Yellow - Admin. Svcs. - Pink - Applicant
4,.
32 of 128
ACC>R13l`® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)
I 01 /15/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER ICONTACT
Buyers Advantage Insurance
705 Sebastian Blvd Suite F
Sebastian FL 32958
INSURED
HELPING ANIMALS LIVE AND OVERCOME, INC.
NAME: AN I HONY VERCIGLIO
PHOIAIC No.Ext): (772) 589-7476 FAX Nam: 7725897336
E-MAIL — —
ADDRESS: buyersad@bellsouth.net
INSURER(S) AFFORDING COVERAGE _ NAIC N
INSURER A: Century Surety Company
INSURER B :
INSURER C :------- — --. _ - ---� —
712 JACKSON STREET I INSURER D
INSURER E :
Sebastian FL 32958 INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR' ADDL SUBR
LTR TYPE OF INSURANCE 1NSD WV D POLICY NUMBER IMMIDDY/YYYY) IMMIDDIYYYY1 I LIMITS
X COMMERCIAL GENERAL LIABILITY
- 11 CLAIMS -MADE FXOCCUR
A
GEN'L AGGREGATE LIMIT APPLIES PER:
� POLICY PRO-
JECT LOC
� OTHER:
AUTOMOBILE LIABILITY
_ ANY AUTO
ALLOWNED SCHEDULED
_ AUTOS AUTOS
HIRED AUTOS HNON-OWNED
AUTOS
UMBRELLA LIAB OCCUR
EXCESS UAB HCLAIMS-MADE
DED I RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABIUTY Y I N
ANY PROPRIETORIPARTNERlEXECUTIVE ❑
OFFICER/MEMBER EXCLUDED? N I A
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
EACH OCCURRENCE $
2,000,000.00
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
100,000
MED EXP (Any one person) $
5,000
CCP923706 08262020 08262021 PERSONAL & ADV INJURY $
2,000,000.00
GENERAL AGGREGATE $
2,000,000.00
PRODUCTS - COMP/OP AGG $
2,000,000.00
$
COMBINED SINGLE LIMIT $
(Ea accident) I
BODILY INJURY (Per person) I $
BODILY INJURY (Per accident) I $
PROPERTY DAMAGE $
(Per accident)
$
EACH OCCURRENCE $
(AGGREGATE $
Is
PER
I I STATUTE I I ERH I
I E.L. EACH ACCIDENT I $
E.L. DISEASE - EA EMPLOYE $
E.L. DISEASE - POLICY LIMIT I $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)
NON PROFIT ANIMAL ADOPTION, BOARDING, RELATED SERVICES
INDIAN RIVER COUNTY IS LISTED AS CERTIFICATE HOLDER
1801 27TH ST
VERO BEACH, FL 32960.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
INDIAN RIVER COUNTY ACCORDANCE WITH THE POLICY PROVISIONS.
1801 27th ST. AUTHORIZED REPRESENTATIVE
VERO BEACH, FL 32960 ANTHONY VERCIGLIO
@ 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 33 of 128
Cm OF
$EST,"
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetina Date: April 14, 2021
Agenda Item Title: Sebastian River Junior Woznen's Club (SRJWC) and the Pelican
Island Conservation Society (PIGS) request City Council approval to
sell alcohol (draught beer) at the Arbor Day and Earth Day
Celebration.
Recommendation: Consider the requests from the members of SRJWC and PICS to serve
beer at the Arbor Day and Earth Day Celebration
Background: Sebastian's Natural Resources Board hosts the City's "Arbor Day
& Earth Day Celebration" at Riverview Park on the last Saturday
in April, each year. The SRJWC and PICS organizations are
requesting the addition of alcohol to the event which must be
considered by Council. The Event date this year is Saturday, Apri]
24th. The event will take place from 9:00am to 4:00pm.
The request for consideration is as follows:
1) The SRJWC and PICS organizations would like approval to
attain the permit to sell alcohol (draught beer) during the event.
The beer is being donated by the City's two breweries, Pareidolia
and Mash Monkeys, and will be poured and sold by the members
of SRJWC and PICS as a fundraiser for the local non-profit
organizations. The organizations will be required to acquire and
provide proof of an alcohol license to serve during the event if this
is approved.
If Agenda Item Reauires Exoenditure of Funds:
Budgeted Amount: 0
Total Cost: 0
Funds to Be Utilized for Appropriation: 0
Attachments:
1. NA
2. NA
Administrative Services Depart nt Rev'
City Attorney Review: (��
Procurement Division Review, if applica e: N //t '7
City Manager Authorization
Date: u�y%
34 of 128
Council Meetinq Date: April 14, 2021
Aqenda Item Title: Alcohol Beverage Approval
Recommendation: Approve alcoholic beverages for the Perez Family Baptism at the Community
Center.
Backqround: Antonio Perez is seeking Council approval to serve alcoholic beverages at
the Community Center on Saturday, May 15th, 2021 from 6:00pm to
10:00pm. Staff has verified applicant's date of birth. They are expecting less
than 75 people
If Agenda Item Requires Exnendiiture of Funds: NIA
Budgeted Amount:
Total Cost:
Funds to Be Utilized for Appropriation:
Attachments:
1. Rental Permit Application
2. Payment Receipt
Administrative Services Department Review: NIA
City Attorney Review: NIA
Procurement Division Review, if applicable: NIA
City Manager
Authorization
Date: �, �.��' `' I
35 of 128
01yor
{
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION
1225 Main Street
Sebastian, Ft_ 32958
Parks Phone: (772) 228-7054 FAQ(: (772) 388-8249
'For en2ergencypurposes ONLY, please dial 772,473,04541
Date: - - -21 ED Community Center ❑ Yacht Club
i
Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable)
Physical Address
city 5 ate
Reason or Rental — Type of Function
Mailing Address (if different)
Phone E:-Mail
Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-14-16)
o
Requested Date
Please answer the following yes or no:
1) Are you a resident of Sebastian?
2) Will there be an admission charge or door charge?
3) Will alcoholic beverages be served?
If yes, please provide govt. issued ID proof of age
Time: 1 ro;1 To
(t 'j
Gate of Birth Verified by
I, i �C' 1�f' - , the undersigned, acknowledge that I am the applicant or authorized agent of the above
referenced organiz Pion, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this
application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City
facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however,
failure to clean the facilities immediately after the use, or causing any damage to . he facility will result in forfeiture, in part or full,
of the security deposit.
sign Gre Applicant
Devised 1/€:..
36 of 128
CITY OF SEBASTIAN
LEISURE SERVICES RECEIPT
Name 144frt0) 11�0 R'4 C u Cash
Date 3 / :5 / /aLP.2.J
Ll Check #
(',,, O N&M, C C5 Pi � �=
7L
0010 1 208001 Sales Tax
46 V t3,N?'
)(Credit
001001
220000
Security Deposit
001501
362100
Taxable Rent
001501
362150
Non -Taxable Rent
001501
342100
Police Security Services
001501
366150
Brick Pavers
001501
366000
Memorial Benches
001501
369400
Reimbursement Services
�nov�,r�es,c�nt AaAz)
P1 ck -UP �f ey IC'r� al4„y ,
/ J
(_Re_�y.n 1.4y by 7k3,
L'4�_Jo
Initials
,!;-/14 \\
s ♦.
Amount Paid
1 `tsb
i''S- V -0
000 -00
Total Paid ✓ 4 0—
White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 37 of 128
LTR OF
5EBASTIAN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetina Date: April 14, 2021
Title & Recommendation: Approve Design Build Guaranteed Maximum Price (GMP) Work Services
Agreement with AHRENS ENTERPRISES, INC. dba AHRE:NS
COMPANIES, 2"d Ranked Firm of RFQ 19-04 Design Build of Hangar "D" at
Sebastian Municipal Airport, in the amount of $1,964,187.00.
Backaround: The Procurement Division recommends Council APPROVE the Design Build
Guaranteed Maximum Price (GMP) Work Services Agreement, in the amount of $1,964,187.00, with Ahrens
Enterprises, Inc. (Ahrens Companies), 2"d ranked firm of RFQ 19-04 for the Design -Build of Hangar "D" at
Sebastian Municipal Airport. Design Build is a method used to allow a single vendor to provide planning,
design and construction services under one contract. This ensures a unified flow of work from initial concept
through completion.
On Feb. 27, 2020 the City of Sebastian entered into an agreement with Johnson-Laux Construction, LLC for
the Design -Build of Hangar "D" at Sebastian Municipal Airport. After a yearlong process of design, value
engineering and repeated cost analysis, Johnson-Laux was unable to come up with a design that met the
Airport's needs within the $2,250,000 GMP budget. The Agreement with Johnson-Laux was terminated and
the City began negotiations with the 2"d ranked firm, Ahrens Companies.
The City met with Richard Ahrens, who constructed Hangars "A", "B", and "C" at Sebastian Municipal Airport,
to discuss the details of the design -build of Hangar `D' while remaining within budget. Following the meeting,
Ahrens Companies submitted revised, value engineered plans to construct Hangar "D" at a cost within
budget.
The GMP proposal provides the construction of a three (3) bay aircraft storage hangar, plus two (2) office
sections. The offices feature open floorplans to allow future tenants to complete the office interior build -out to
better suit their business needs. Hangar "D" is expected to generate an estimated $85,000 in annual rental
revenue to the Airport and provide office and hangar space for two (2) businesses, which will lead to new and
high tech jobs in Sebastian.
If Agenda Item Reauires Exaenditure of Funds:
Total Cost: $1,964,187.00
Funds to Be Utilized: FDOT PTGA Grant (80%) $1,571,349.60
Discretionary Sales Tax (20%) $392,837.40
Attachments:
1. GMP Proposal....................................................................................................................... 2
2. Proposed Hangar „D"............................................................................................................ 5
3. Proposed Schedule............................................................................................................... 6
4. Proposed GMP Agreement wl Ahrens Companies, Inc . ....................................................... 8
Administrative Services Department Review:'_
City Attorney Review:
Procurement Division Review, if applicable:
City Manager Authorization:—�� ff+`
Date: "_I 7 A f
Page 1 of 28 38 of 128
CITY OF SLBASTIAN
MUNICIPAL AIRPORT- HANGAR D
AHRENS COMPANIES
PROPOSALSUMMARY
Description Amount Notes
PERMIT FEES
Building Permits NA All permits provided by Owner
Utilities Fees NA All utilities fee's provided by Owner
PROFES SERVICES
Civil Design
Architect Design
Structural Design
Plumbing Design
Mechanical Design
Electrical Design
CAD Operator
Soil Borings & Report
PROJECT MANAGEMENT
Superintendent
Project Manager
Travel
Nextel
Travel
Nextel
Materials Testing
TEMPORARY SERVICES
Temp Elec
Temp Water
Temp Toilet
Field Storage & Office
Cups & Ice
Job Photographs & Video
Blue Prints Construction
Mailing Costs
Barricades
Barricade Signs
First Aid Equip
Safety Meetings
❑umpster
LAYOUTICLOSEOUT
Surveying Services
Building Clean -Up
Temp Cleanup
Punchlist, etc
15,641
15,524
14,911
4,171
1,500
5,214
3,263
NA Provided by Owner
64,234 8 mos protect duration
25,078
7,591
834
2,060
365
8301 Solla, Concrete, Steel
912
547
876
3500
438
1,032
985
146
2,294 Type III
1,251
292
146
4,171
17,727 Site & building
2190
1,564
1,836
Page 2 of 28 39 of 128
CITY OF SEBASTIAN
MUNICIPALAIRPORT- FIANCAR D
AHRENS COMPANIES
1'120110SAL SUMMARY
Description
Amount Notes
SITEWORK
jI
I Mobilization
7,821 I
l Erasion Control
3,179 {I
I
l Demo Asphalt Paving
7,675
Clear & Scalp
8,003
Gradinq
62,742
Storm Drainage)
41,164
Domestic Water
35,777
Fire Water
7,482
Asphalt Paving
129,926
Curb & Gutter
6,071
__Sidewalks
23,777
Dumpster Enclosurel
7,760
Striping & Signagel
5,255
l Dry Well ! Fire Hydrant Svstem I
25,652 J
l Irrigation Svstem
5,527
Demo Fencing
1,126
l Chain Link Galy WI Barbed 6' + 1'
33,368
l Gates 1 Manual
3,650 l
lGate Operator Electric
3,650
l Dumpster Gates
4,254
l Bollards
5865 l
lLandscape
5,735
l 5oddinq - Bahia I
20,584
l CONCRETE
J
l Bulldinq Foundations & Slab
125,216
METALS
I
Anchor Bolts
2,409
lBase Angle Fasteners Base
104
l 112" Anchor Bolts H. Dr.Malkdoors
1,614
WOOD & PLASTICS
Wdw & Door Bucks)
3,252
THERMAL & MOISTURE PROT
J
Insulation
Incl With PE.MB & Drywall
Splashblocks
509 l
Fire Caulkinq
1,773
DOORS & WINI]OWS
J
lHM Doors ! Frames ! Hdwe ! Installation
11,780
lAluminum Entrance Drs.
5,422
Windows
9762
Page 3 of 28 40 of 128
CITY OF SEBASTIAN
MUNICIPAL AIRPORT- HANGAR D
AllRENS COMPANIES
PROPOSAL SIJMMARY
Description
Amount
FINISHES
Drywall Subcontractor
21893
Porcelain Floor
4,672
Porcelain Tile Base
1,652
Vinyl Flooring
505
VCT Base
877
Floor Prep
417
Ashford Formula at Hangars
4,142
Floor Striping Hangar
2,023
Clean Floor
592
Painting
23,165
Paint Bollards
938
SPECIALTIES
Toilet Access & Compartments
2,868
Siqnaqe
313
Address Numbers
52,
Fire Extinquishers
1,361
SPECIAL CONSTRUCTION
Notes
Pre-engineered Metal Building 334,339 Insulation is included
Building Erection 182,700
Exterior Doors 1,981 Metallic man -doors added
Hangar -Doors 71,529
MECHANICAL
Fire Sprinkler System
46,402
Knox Box
678
Plumbinq
76,762
Bath Exhaust Fans
3,128
Exhaust Fans
3,723
Exhaust Louvers
1,595
Intake Louvers
4,411
ELECTRICAL
Electrical
149,621
Fire Alarm System
12,023
Subtotal
1,768,816
Builders Risk Insurance
7,604
Surety Bond
20,198
Gen Liability Insurance
26,124
Home Office Admin Expenses
70,723
Manaqement Fee
70,723
Total
1,964,187
Page 4 of 28 41 of 128
ID
1
2
3
4
5
—67
8
9
10
11
12
13
14
15
16
17 I
18
9
0
21
22 i
24
24
25
26
ask Task Name
Complete Drawings
Permitting Process
Mobilization
Silt fence and grub site
Construct building pad
Form, MEP and pour slab
Erect steel building
Exterior Windows and doors
Interior metal studs
MEP Roughs
Fire System Roughs
Install drywall
Interior finishes
MEP Trim Outs
Fire System Tim Out
Final Finshes
Commision Systems
Final inspections / Punch List
SITE WORK
Remove fill / Rough Grade
Underground Utilities
Task
Split
Project: SEBASTIAN HANGER D Milestone
Date: Tue 4/6/21 Summary
Project Summary
External Tasks
Duration Start Finish Predecessors April May
3/28 4/4 _ 4/11 4/18 4/25_ 5/2
35 days Mon 5/10/21 Fri 6/25/21
15 days
Mon 6/28/21
Fri 7/16/21 3
10 days
Mon 7/19/21
Fri 7/30/21 4
5 days
Mon 8/2/21
Fri 8/6/21 5
6 days
Mon 8/9/21
Mon 8/16/21 6
15 days
Tue 8/17/21
Mon 9/6/21 7
30 days
Tue 9/7/21
Mon 10/18/21 8
5 days
Tue 10/19/21
Mon 10/25/219
5 days
Tue 10/26/21
Mon 11/1/21 10
15 days
Tue 11/2/21
Mon 11/22/2111
14 days
Tue 11/2/21
Fri 11/19/21 11
9 days
Tue 11/23/21
Fri 12/3/21 12,13
10 days
Mon 12/6/21
Fri 12/17/21 14
8 days
Mon 12/20/21 Wed 12/29/2115
8 days
Mon 12/20/21 Wed 12/29/21 IS
2 days
Thu 12/30/21
Fri 12/31/21 16,17
5 days
Mon 1/3/22
Fri 1/7/22 18
15 days
Tue 2/1/22
Mon 2/21/22 19,35
5 days Tue 9/7/21 Mon 9/13/21 7
18 days Tue 9/14/21 Thu 10/7/21 25
External Milestone Manual Summary Rollup
........... ......<<,,,,. Inactive Task Manual Summary lip
♦ Inactive Milestone Start -only E
V • Inactive Summary - - Finish -only 3
Manual Task [" i i -1 Deadline �
--- Duration -only Progress
Page 1
00
N_
O
co
Page 6 of 28
O
N
W
ID Task Task Name
Duration
Start Finish
'Predecessors
April May
Mode
_
3/28 4/4 4/11 4/18 4/25 S/2
27
Constructed Parking Lots
20 days
Fri 10/8/21 Thu 11/4/21
26
28
Grade retension areas
7 days
Fri 11/5/21 Mon 11/15/21 27
29
Air Side Paving
15 days
Tue 11/16/21 Mon 12/6/21
28
30
p
Install irrigation
4 days
Tue 12/7/21 Fri 12/10/21
29
31
p
Install Fence
2 days
Mon 12/13/21 Tue 12/14/21
30
32
Final Grade site
7 days
Wed 12/15/21 Thu 12/23/21
31
33
a?y
Install Landscaping / Sod
4 days
Fri 12/24/21 Wed 12/29/2132
34
Striping and signs
3 days
Thu 12/30/21 Mon 1/3/22
33
35
Final Surveys and inspections
20 days
Tue 1/4/22 Mon 1/31/22
34
Task
w..r.M1r��
External Milestone
Manual Summary Rollup
Split
„ ,,,,,,,,,,,,,,,,
,,, Inactive Task
Manual Summary
Project: SEBASTIAN HANGER
D Milestone
♦
Inactive Milestone
Start -only C
Date: Tue 4/6/21
Summary
P Inactive Summary
Finish -only
Project Summary
Manual Task
P
-1 Deadline 4
External Tasks
-- --^4
Duration-oniy
"Progress -
Page 2
Page 7 of 28
DESIGN BUILD GUARANTEED MAXIMUM PRICE (GMP) WORK SERVICES AGREEMENT
RFQ 19-04: Design Build of Multi -Purpose Hangar and Office Building at Sebastian Municipal Airport
AGREEMENT APPROVED BY CITY COUNCIL:
AGREEMENT EFFECTIVE DATE:
1. Parties:
City of Sebastian, a municipal corporation of the State of Florida, (City).
and
Ahrens Enterprises, Inc. (Design Builder).
2. Designated Contact Person as to City
Scott Baker (PROJECT MANAGER)
Public Facilities Director
1225 Main Street
Sebastian, Florida 32958
Phone: 772-388-8113
Cell: 772-633-0897
Email sbaker@cityofsebastian.org
3. Designated Contact Person as to Design Builder:
Richard C. Ahrens (PROJECT MANAGER)
Chief Executive Officer
1461 Kinetic Rd.
Lake Park, FL 33403
Phone: 561-863-9004
Cell: 561-909-8543
Email: richard@ahrenscompanies.com
4. Guaranteed Maximum Price (GMP). The Design Builder's GMP for the Work is a total of One Million. Nine
Hundred Sixtv-Four Thousand. One Hundred Eiahty-Seven dollars and Zero cents ($1.964.187.00). The
Design Builder shall be entitled to no increase. This price is for the performance of the Work in accordance
with the Agreement Documents listed in Section 6.
5. Project Time. The Design Builder shall achieve Substantial Completion of the Work and issue Certification of
Occupancy no later than June 30, 2022. Time is of the essence in the performance of this Agreement.
NOTE: The City reserves the right to allow for any approved extensions.
6. Agreement Document.
• Exhibit "A" — GMP Proposal for Design Build Project, including Project Qualifications, dated
March 18. 2021
• Exhibit "B" — Project Schedule(s) - to be submitted within 10 days of Notice to Proceed (NTP)
• Exhibit "C" — Payment and Performance Bond, to be submitted within 10 days of NTP
Additional Agreement Documents include the Supplemental General Conditions, Notice to Proceed (NTP),
Purchase Order(s), Contract Amendments and Change Order(s).
7. Liquidated Damages. If the Design Builder fails to achieve Substantial Completion of the Work within the
Contract Time listed above, the City shall be entitled to retain or recover, as liquidated damages and not as a
penalty, the sum of $300.00 Der calendar day. Liquidated Damages will be sought starting on the first day
following expiration of the Contract and continuing until the actual date of Substantial Completion.
Such liquidated damages are hereby agreed to be a reasonable estimate of damages the City will incur as a
result of delayed completion. The City may deduct liquidated damages from any unpaid amounts due the
Design Builder under this Agreement. Any liquidated damages not so deducted from any unpaid amounts
due the Design Builder shall be payable to the City at the demand of the City, together with interest from the
date of the demand at the maximum allowable rate.
8. City Funds. If sufficient funding is not available for Design Builder to complete the Work, City reserves the
right to modify the terms and conditions of the Agreement to change the Scope of Work to reduce the cost to
match any available funding. If such modifications to the Scope of Work are not feasible, or if funding has
been totally exhausted prior to Design Builder's completion of its Work, the Agreement shall be terminated on
terms reasonably acceptable to both parties.
City of Sebastian, Florida 1 Ahrens Enterprises, Inc. dba Ahrens Companies (GMP)
RFQ 19-04 Design Build of Multi -Purpose Hangar and Office Building at Airport
Page 1 of 5
45 of 128
Page 8 of 28
9. Project Team. Design Builder will provide names and roles of the Project Team assigned for
approval by the City. If any member of the Project Team discontinues service on the Project for any
reason whatsoever, Design Builder shall promptly replace such team member with a qualified
individual approved by the City, in writing, which approval will not be unreasonably withheld.
10. City's Project Manager. City shall designate a Project Manager. All Work done by the Design
Builder shall be subject to the review, inspection and acceptance of the Project Manager and the City.
Any and all technical questions which may arise as to the quality, completeness and acceptability of
Work performed, or Work to be performed, interpretation of plans/specifications and all technical
questions as to the acceptable fulfillment of the Agreement on the part of the Design Builder shall be
referred to the City Manager who will resolve such questions. All Work shall be subject at all times to
inspection and review by the Project Manager and the City.
11. Schedules, Reports and Records. Design Builder shall submit to City cost schedules, progress
schedules, estimates, records, reports, and any other data, as related to the provision of the Work
covered under the Agreement. Furthermore, City reserves the right to inspect and audit Design
Builder's books and records relating to the Agreement, when deemed appropriate by City. All
schedules, reports and records of Design Builder, as they relate to the Agreement, shall be retained by
Design Builder for a period of three (3) years from the date of final payment under the Agreement.
12. Design Builder Initiated Changes. If the Design Builder initiates a substitution, deviation or change
in the work which affects the scope of work or the expense of other trades, Design Builder shall be
liable for the expense thereof, and any incidental extra work created by the change.
13. Termination for Convenience. Upon ten (10) days' written notice to Design Builder, the City may,
for its convenience and without cause, elect to terminate this Agreement. In the event of termination,
City will be responsible for compensating Design Builder only for the Work satisfactorily completed or
partially completed up to the date of termination. Design Builder shall not be entitled to compensation
for loss of anticipated profit.
14. Insurance. During the term of the Agreement, Design Builder, at its sole expense, shall obtain and
maintain insurance of such a type and with such terms and limits as noted below. Providing and
maintaining adequate insurance coverage is a material obligation of Design Builder. Design Builder
shall provide City a certificate(s) of insurance, evidencing such coverage. It is the Design Builder's
responsibility to ensure that the City has current Certificate(s) of Insurance at all times during the
duration of the agreement, including renewal terms.
14.1 Minimum Insurance Requirements. The coverage's, limits or endorsements required herein protect
the primary interests of City, and these coverage's, limits or endorsements shall in no way be required
to be relied upon when assessing the extent or determining appropriate types and limits of coverage to
protect Design Builder against any loss exposures, whether as a result of the Project or otherwise. All
insurance policies shall name and endorse the following as additional insured(s): the City of
Sebastian and its City Council members, officers, employees and agents.
an amount not less than:
Commercial General ' $2,000,000 General Aggregate Limit; Each Aggregate Limit; Products &
Liability Completed Operations; and Personal & Advertising Injury
• $50,000 Fire Damage Limit
• $5,000 Medical Expense Limit
Professional Liability :n amount not less than:
(Errors & Omissions) $500,000 Each Occurrence, covering any damages caused by an error,
omission or any negligent acts.
an amount not less than:
Automobile Liability $1,000,000 Each Occurrence & Combined Single Limit
+ $5,000 Medical Expense Limit
In accordance with Florida Statutes 440, maintain worker's compensation
Worker's insurance to the extent required by law for all their employees to be engaged in
Compensation work under this contract.
City of Sebastian, Florida / Ahrens Enterprises, Inc. dba Ahrens Companies (GMP)
RFQ 19-04 Design Build of Multi -Purpose Hangar and Office Building at Airport Page 2 of 5
46 of 128
Page 9 of 28
15. Payments.
15.1 Prompt Payment. City shall make payment of a payment request in accordance with Chapter
218, Part VII of the Florida Statutes "Local Government Prompt Payment Act" from the date
which a properly received payment request/invoice is recorded as received by City, for Work
completed to the satisfaction of City.
15.2 Payment Requestsllnvoices. Requests for payment for the provision of the Work provided
under the Agreement shall be submitted no more frequently than once per month, unless
stipulated differently in the Agreement or solicitation documents. All requests for
payment/invoices shall be submitted in sufficient detail to demonstrate compliance with the terms
of the Agreement and to allow for the proper pre -audit and post -audit thereof. Upon receipt of
Design Builder's payment request/invoice, the City will review to ensure completeness and that
the Work covered under the payment request has been completed in accordance with this
Agreement. If it is found that the payment request/invoice is not complete, or the Work covered
under the payment request does not satisfy this Agreement, the payment request may be
rejected.
15.3 Progress Payments.
15.3.1 1s' Application for Payment. The first Application for Payment shall be submitted no
earlier than thirty (30) days following the issuance of the NTP. Prior to submitting its first
Application for Payment, Design Builder shall submit to City, for its review and approval:
(1) A schedule of values based upon the GMP, listing the major elements of the Work and
the dollar value for each element; and
(2) A complete list of all its proposed subcontractors showing the work and materials
involved and the dollar amount of each proposed subcontract and purchase order.
These submittals will be used as the basis for the submitted Applications for Payment.
15.3.2 Monthly Applications for Payment. Design -Build Firm shall submit three (3) copies of
each of its Applications for Payment to the City on or before the 25th day of each month for
work performed during the previous month. Invoices received after the 25th day of each
month shall be considered for payment as part of the next month's application. Within ten
(10) calendar days after receipt of each Application for Payment, the City shall either:
(1) Indicate approval of the requested payment;
(2) Indicate approval of only a portion of the requested payment, stating in writing the
reasons therefore; or
(3) Return the Application for Payment to the Design Builder indicating, in writing, the
reason for refusing to approve payment. In the event of a total or partial denial of the
Application for Payment, the Design Builder may make the necessary corrections and
resubmit the Application for Payment for reconsideration within ten (10) calendar days of
receiving notice of refusal.
Monthly payments to Design -Build Firm shall in no way imply approval or acceptance of
Design -Build Firm's work.
15.3.3 Retainage. City shall retain five percent (5%) of the gross amount of each monthly
payment request or five percent (5%) of the portion thereof approved by the City for
payment, whichever is less, up to fifty percent (50%) completion. Thereafter, if on schedule,
the City shall retain two point five percent (2.5%) of the gross amount of each payment
request. Such sum shall be accumulated and not released to Design Builder until final
payment is due. Any interim interest on such sums shall accrue to County.
Due to circumstances beyond the Design Builder's control and at the City's sole discretion,
a percentage of the amount retained from the gross amount of each monthly payment may
be reduced prior to final completion of the Project and said percentage released to the
Design Builder upon receiving a certificate of substantial completion and approval from the
Architect/Engineer, Release of any portion or percentage of sums retained prior to final
completion of the Project shall in no way imply approval or acceptance of work.
City of Sebastian, Florida / Ahrens Enterprises, Inc. dba Ahrens Companies (GMP)
RFQ 19-04 Design Build of Multi -Purpose Hangar and Office Building at Airport Page 3 of 5
Page 10 of 28 47 of 128
15.3.4 Withheld Payments. The City may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent inspections.
The City may nullify the whole or any part of any approval for payment previously issued
and withhold any payments otherwise due the Design Builder under this Agreement, to
such extent as may be necessary in the County's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Design Builder to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that
the Work can be completed for the unpaid balance of the GMP; (e) reasonable indication
that the Work will not be Design Builder; or (g) any other material breach of the Contract
Documents. If these conditions are not remedied or removed, City may, after three (3) days
written notice, rectify the same at Design Builder's expense. City also may offset against
any sums due Design Builder the amount of any liquidated or un-liquidated obligations of
Design Builder to City, whether relating to or arising out of this Agreement.
15.3.5 Final Payment. City shall make final payment to Design Builder within thirty (30)
calendar days after the Work is inspected and accepted by City in accordance with Section
10 herein provided.
Design Builder's acceptance of final payment shall constitute a full waiver of any and all
claims by Design Builder against City arising out of this Agreement or otherwise relating to
the Project, except those previously made in writing and identified as unsettled at the time
of the final Application for Payment. Neither the acceptance of the Work nor payment by
City shall be deemed to be a waiver of City's right to enforce any obligations of Design
Builder's hereunder or to the recovery of damages for defective Work not discovered by the
City at the time of final inspection.
16. Public Records: Design Builder will keep and maintain public records required by the City to perform
the service. Upon request from the City's custodian of public records, Design Builder will provide the
City with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues,
or as otherwise provided by law. Design Builder will ensure that the public records that are exempt or
confidential and exempt from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the term of the Agreement and following completion of the
Agreement if Design Builder does not transfer the records to the City. Upon completion of the
Agreement, Design Builder will transfer, at no cost, to the City all public records in possession of the
Design Builder or keep and maintain public records required by City to perform the service. If Design
Builder transfers all public records to City upon completion of the Agreement, Design Builder shall
destroy any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If Design Builder keeps and maintains public records upon completion of the
Agreement, Design Builder shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the City, upon request from the City's custodian of
public records, in a format that is compatible with the information technology system of the City. If
Design Builder does not comply with the City's request for public records, the City shall enforce the
provisions of the Agreement in accordance with the terms of the Agreement and may cancel the
Agreement.
IF DESIGN BUILDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO DESIGN BUILDER'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT JEANETTE WILLIAMS,
CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958;
EMAIL: jwilliams@cityofsebastian.org; PHONE: 772-388-8215.
City of Sebastian, Florida 1 Ahrens Enterprises, Inc. dba Ahrens Companies (GMP)
RFQ 19-04 Design Build of Multi -Purpose Hangar and Office Building at Airport Page 4 of 5
48 of 128
Page 11 of 28
CITY OF SEBASTIAN, FL
PROCUREMENT DIVISION
PUBLIC FACILITIES DEPARTMENT I AIRPORT
PROF
SEBASTL_"
HOME OF PELICAN ISLAND
SUPPLEMENTAL GENERAL CONDITIONS OF THE
DESIGN BUILD GUARANTEED MAXIMUM PRICE (GMP) WORK SERVICES AGREEMENT
RFQ 19-04: Design Build of Multi -Purpose Hangar and Office Building at Sebastian Municipal Airport
Effective Date:
Contacts/Project Manaqers
City of Sebastian, FL Ahrens Enterprises, Inc. dba Ahrens Companies
Scott Baker Richard C. Ahrens
(772)633-0897 (561)909-8543
rbaker(a�citvofsebastian.ora richard(a)ahrenscomnanies.eom
Page 12 of 28 49 of 128
TABLE OF CONTENTS
ARTICLE 1: AGREEMENT DOCUMENTS DETAILS............................................................................ 3
ARTICLE 2: DESIGN BUILDER'S PERFORMANCE AND PAYMENT BONDS ............................................ 3
ARTICLE 3: OWNERSHIP OF DRAWINGS....................................................................................... 4
ARTICLE 4: ASSIGNMENT........................................................................................................... 4
ARTICLE 5: DESIGN BUILDER'S PROJECT MANAGER/SUPERINTENDENT SUPERVISION ........................ 4
ARTICLE 6: DESIGN BUILDER'S DECISIONS, JUDGMENTS ACCESS TO WORK AND INSPECTION ............. 5
ARTICLE 7: WORKING HOURS AND USE OF PREMISES.................................................................... 5
ARTICLE8: CLEANING UP.......................................................................................................... 5
ARTICLE 9: MATERIALS AND EMPLOYEES.................................................................................... 6
ARTICLE 10: EMPLOYEES, SUB -CONSULTANTS AND AGENTS.......................................................... 6
ARTICLE 11: UNSUITABLE CONDITIONS........................................................................................ 6
ARTICLE 12: TEMPORARY FACILITIES.......................................................................................... 6
ARTICLE 13: SURVEYS, PERMITS, LAWS, TAXES AND LAWS............................................................ 7
ARTICLE 14: DRAWINGS AND SPECIFICATIONS ON THE WORK ......................................................... 8
ARTICLE 15: PROTECTION OF WORK AND PROPERTY.................................................................... 8
ARTICLE 16: SAMPLES AND TESTING........................................................................................... 9
ARTICLE17: UTILITIES............................................................................................................... 9
ARTICLE 18: CORRECTION OF WORK BEFORE ACCEPTANCE.........................................................10
ARTICLE 19: CHANGES IN THE WORK.........................................................................................10
ARTICLE 20: DELAYS AND EXTENSIONS OF TIME..........................................................................12
ARTICLE 21: DISPUTE RESOLUTION............................................................................................12
ARTICLE 22: COMPLETION, FINAL INSPECTION, ACCEPTANCE AND SETTLEMENT..............................12
ARTICLE 23: GENERAL WARRANTY AND CORRECTION OF WORK AFTER ACCEPTANCE ......................13
ARTICLE 24: GUARANTEES AND WARRANTIES.............................................................................14
ARTICLE 25: GUARANTEE INSPECTIONS AFTER COMPLETION........................................................15
ARTICLE 27: MISCELLANEOUS PROVISIONS.................................................................................16
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ARTICLE 1: AGREEMENT DOCUMENTS DETAILS
A. EXECUTION
The Design Builder, within ten (10) days from the date of Work Services Agreement, will be required to:
1. Fumish fully executed Performance and Payment Bonds; and
2. Furnish certificates of insurance evidencing all required insurance.
B. CORRELATION
By execution of the Agreement, the Design Builder confirms familiarity of the site, local conditions and local
requirements under which the Work is to be performed, including the building code programs of as implemented
by the City, and has correlated personal observations with the requirements of the Agreement Documents.
The Agreement Documents are complementary, and what is called for by any one document shall be as binding
as if called for by all. The intention of the documents is to include all labor, materials, equipment and
transportation necessary for the proper execution of the Work. Words describing materials or Work which have a
well-known technical or trade meaning shall be held to refer to such recognized standards.
C. INTENT OF DOCUMENTS
Where a conflict occurs between or within standards, Specifications or Drawings, which is not resolved by
reference to the precedence between the Agreement Documents, the more stringent or higher quality
requirements shall apply so long as such more stringent or higher quality requirements are reasonably inferable.
The City, or Design Builder with consent of the City, shall decide which requirements will provide the best
installation.
With the exception noted in the following paragraph, the precedence of the Agreement Documents is in the
following sequence:
1. The Minimum Requirements of the Request for Qualifications, including issued addenda;
2. The Design Builder's Cost proposals;
3. The Agreement;
4. These Supplementary General Conditions;
5. Drawings and Specifications, all as modified by any Amendments.
Change Orders and Amendments, if any, to the Agreement Documents take precedence over the original
Agreement Documents.
Nothing contained in the Design Build Agreement Documents shall create a professional obligation or
Contractual relationship between the City and any third party, including the Design Builder.
D. PARTNERING. COMMUNICATIONS AND COOPERATION
Should conflict, disagreement and/or dispute arise during the performance of this Agreement, the Design Builder
and the City encourage a relationship of open communication and cooperation between the employees and
personnel of both, in which the objectives of the Agreement may be better achieved and issues resolved in a
more fully informed atmosphere.
The designated contact persons for the City and Design Builder shall be fully authorized to implement a voluntary
partnering plan for the purpose of facilitating open communications. The assigned individuals shall endeavor to
reach an informal agreement, but shall have no such obligation. Any plans these parties voluntarily agree to
implement shall result in no change to the Agreement amount, and no costs associated with such plan or its
development shall be recoverable under any Agreement clause. In addition, no plan developed to facilitate open
communication and cooperation shall alter, amend or waive any of the rights or duties of either party under the
Agreement unless and except by written Amendment to the Agreement, nor shall anything in this clause or any
subsequently developed partnering plan be deemed to create fiduciary duties between the parties unless
expressly agreed in a written Amendment to the Agreement.
ARTICLE 2: DESIGN BUILDER'S PERFORMANCE AND PAYMENT BONDS
The Design Builder shall furnish a Performance and Payment Bond executed by a corporate Surety authorized to do
business in the State of Florida, in the full amount of the GMP. The expense of these bonds shall be borne by the
Design Builder and the bonds shall be filed with the City.
City of Sebastian, Florida / Ahrens Enterprises, Inc. dba Ahrens Companies (GMP)
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ARTICLE 3: OWNERSHIP OF DRAWINGS
A. INSTRUMENTS OF SERVICE
Drawings, specifications and other documents, including those in electronic form, prepared by the Design Builder
are Instruments of Service for use solely with respect to this Project. The Design Builder shall be deemed the
authors and owners of their respective Instruments of Service and shall retain all common law, statutory and
other reserved rights, including copyrights.
Upon execution of this Agreement and the contract between the Design Builder shall grant to the City a perpetual
nonexclusive license to reproduce and use, and permit others to reproduce and use for the City, the 's
Instruments of Service solely for the purposes of constructing, using and maintaining the Project for future
alterations or additions to the Project. The Design Builder shall obtain similar nonexclusive licenses from its
consultants consistent with this Agreement. If and upon the date the Design Builder is adjudged in default, the
foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the City
to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make
changes, corrections and additions to the Instruments of Service solely for the purposes of completing, using and
maintaining the Project for future alterations or additions to the Project.
Any unilateral use by the City of the Instruments of Service for completing, using, maintaining, adding to or
altering the Project or facilities shall be at the City's sole risk and without liability to the Design Builder and its
consultants; provided, however, that if the City's unilateral use occurs for completing, using or maintaining the
Project as a result of the Design Builder's default, nothing in this Article shall be deemed to relieve the of liability
for its own acts or omissions or default.
B. AS -BUILT DRAWINGS/RECORD DRAWINGS
The Design Builder shall, upon completion of the Construction Phase, receive redline As -Built Drawings from the
City. These redline changes shall describe the built condition of the Project. This information and all of the
incorporated changes directed by Bidding Addenda, Change Order/Amendment and/or Supplementary
Instructions shall be incorporated into a Record Drawings document provided to the Principal Representative in
the form of an electro-media format (one (1) set in AutoCAD and one (1) set in PDF format) and one (1) hard
bound paper copy as agreed between the parties. The Design Builder shall also provide the Principal
Representative with the original As -Built Drawings. Final payment to the Design Builder shall be withheld until all
Record Drawings have been submitted and approved by the Principal Representative.
ARTICLE 4: ASSIGNMENT
Neither City nor The Design Builder shall sell, assign or transfer any of fts rights, duties or obligations under the
Agreement without the prior written consent of the other Party. In the event of any assignment, The Design Builder
remains secondarily liable for performance of the Agreement, unless City expressly waives such secondary liability.
ARTICLE 5: DESIGN BUILDER'S PROJECT MANAGERISUPERINTENDENT SUPERVISION
The Design Builder shall employ, and keep present on the Project during its progress, a competent Project Manager
(PM)1 Superintendent (Supt) and any necessary assistants, all satisfactory to the City. The PMISupt shall not be
changed except with the consent of the City, unless the PMISupt proves to be unsatisfactory to the Design Builder
and ceases to be in his or her employ. PMISupt shall represent the Design Builder for the Project, and in the
absence of the Design Builder, all directions given to the PMISupt shall be as binding as if given to the Design
Builder. Directions received by the PMISupt shall be documented and communicated in writing with the Design
Builder.
The Design Builder shall give efficient supervision to the Work, using his or her best skill and attention. He or she
shall carefully study and compare ali Drawings, Specifications and other written instructions and shall without delay
report any error, inconsistency or omission which he or she may discover in writing to the City and Design Builder.
The Superintendent shall see that the Work is carried out in accordance with the Agreement Documents and in a
uniform, thorough and first-class manner in every respect.
City of Sebastian, Florida 1 Ahrens Enterprises, Inc. dba Ahrens Companies (GMP)
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ARTICLE 6: DESIGN BUILDER'S DECISIONS, JUDGMENTS ACCESS TO WORK AND INSPECTION
A. DECISIONS
The Design Builder shall, within a reasonable time, make decisions on all matters relating to the interpretation of
the Agreement Documents as it relates to compliance with the Drawings and Specifications.
Such decisions by the Design Builder shall be promptly forwarded to the City. The City may consent with such
decision by the Design Builder or amend/revise such decision at the discretion of the City.
B. JUDGMENTS
The Design Builder is, in the first instance, the judge of the performance required by the Agreement Documents
as it relates to compliance with the Drawings and Specifications and quality of workmanship and materials.
C. ACCESS TO WORK
The Design Builder and the City shall at all times have access to the Work. The Design Builder shall provide
proper facilities for such access and for their observations or inspection of the Work.
D. INSPECTION
The Design Builder has agreed to make periodic visits to the site to generally observe the progress and quality of
the Work to ensure that the Work is proceeding in accordance with the Agreement Documents as it relates to
compliance with the Drawings and Specifications. Observation may extend to all or any part of the Work and to
the preparation, fabrication or manufacture of materials.
Without in any way meaning to be exclusive or to limit the responsibilities of the Design Builder, the Design
Builder has agreed to observe, among other aspects of the Work, the following for compliance with the
Agreement Documents as it relates to compliance with the Drawings and Specifications:
1. Compaction testing reports;
2. Reinforcing steel after installation and before concrete is poured;
3. Structural concrete;
4. Laboratory reports on all concrete testing;
5. Structural steel during and after erection and prior to its being covered or enclosed;
6. Steel welding;
7. Mechanical and plumbing Work following its installation and prior to its being covered or enclosed;
8. Electrical work following its installation and prior to its being covered or enclosed; and
9. Any special or quality control testing required in the Agreement Documents.
ARTICLE 7: WORKING HOURS AND USE OF PREMISES
A. WORKING HOURS
Working Hours shall be in accordance with the applicable City Ordinances (Chapter 67 - NOISE) and/or in
compliance with the City's directions. City's preference is for work to commence at 7:30 AM EST and end for the
day by 7:30 PM EST on Sunday through Saturday.
B. USE OF PREMISES
The Design Builder shall confine apparatus, the storage of materials and the operations of workmen to limits
indicated by law, ordinances, permits and any limits lines shown on the Drawings. The Design Builder shall not
unreasonably encumber the premises with materials.
ARTICLE 8: CLEANING UP
The Design Builder shall keep the building and premises free from all surplus material, waste material, dirt and
rubbish caused by employees or work, and at the completion of the Work shall remove all such surplus material,
waste material, dirt, and rubbish, as well as all tools, equipment and scaffolding, and shall wash and clean all window
glass and plumbing fixtures, perform cleanup and cleaning required by the Specifications and leave all of the Work
clean unless more exact requirements are specified.
City of Sebastian, Florida / Ahrens Enterprises, Inc. dba Ahrens Companies (GMP)
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ARTICLE 9: MATERIALS AND EMPLOYEES
Unless otherwise stipulated, the Design Builder shall provide and pay for all materials, labor, water, tools, equipment,
light, power, transportation and other facilities necessary for the execution and completion of the Work.
The Design Builder is fully responsible for all acts and omissions of the Design Builder's employees and shall at all
times enforce strict discipline and good order among employees on the site. The Design Builder shall not employ on
the Work any person reasonably deemed unfit by the City or anyone not skilled in the Work assigned to them.
ARTICLE 10: EMPLOYEES, SUB -CONSULTANTS AND AGENTS
All Design Builder employees, sub -Consultants, and agents performing any of the Services under the Agreement
shall be properly trained to meet or exceed any specified training qualifications. Upon request, the Design Builder
shall furnish a copy of certification or other proof of qualification. All employees, sub -Consultants, and agents of the
Design Builder must comply with all security and administrative requirements of the City. The City may conduct, and
the Design Builder shall cooperate in, a security background check or otherwise assess any employee, sub -
Consultant, and agent of the Design Builder. City may refuse access to, or require replacement of, any of the Design
Builders employee, sub- Consultant and agent for cause, including, but not limited to, technical or training
qualifications, quality of services, change in security status, or non-compliance with the City's security or other
requirements. Such refusal shall not relieve the Design Builder of its obligation to perform all Services in compliance
with the Agreement. City may reject and bar from any facility for cause any of the Design Builder's employees, sub -
Consultants, or agents. The City shall have the right to review and approve any sub -Consultant used by the Design
Bui}der. The Design Builder shall be fully responsible to the City for the acts and omissions of its sub -Consultants,
and persons directly or indirectly employed by them. It is the Design Builder's responsibility to ensure that their sub -
Consultants are properly licensed to do business in the State of Florida and the City of Sebastian, as required by law.
ARTICLE 11: UNSUITABLE CONDITIONS
The Design Builder shall not work at any time, or permit any Work to be done, under any conditions contrary to those
recommended by manufacturers or industry standards which are otherwise proper, unsuited for proper execution,
safety and performance. Any cost caused by ill-timed Work shall be borne by the Design Builder unless the timing of
such Work shall have been directed by the City, after the award of the Agreement, and the Design Builder provided
Notice of any additional cost.
ARTICLE 12: TEMPORARY FACILITIES
A. OFFICE FACILITIES
The Design Builder shall provide and maintain without additional expense for the duration of the Project
temporary office facilities, as required and as specified, for its own use and the use of the representatives of the
City.
B. TEMPORARY AIR CONDITIONING
The Design Builder shall furnish and pay for all the labor, facilities, equipment, fuel and power necessary to
supply temporary air conditioning and ventilating, except to the extent otherwise specified, and shall be
responsible for the installation, operation, maintenance and removal of such facilities and equipment. Unless
otherwise specified, the permanent HVAC system shall not be used for temporary A/C in whole or in part. If the
Design Builder desires to put the permanent system into use, in whole or in part, the Design Builder shall set it
into operation and furnish the necessary fuel and manpower to safely operate, protect and maintain that HVAC
system. Any operation of all or any part of the permanent HVAC system including operation for testing purposes
shall not constitute acceptance of the system, nor shall it relieve the Design Builder of his or her one-year
guarantee or manufactures warranty, whichever is greater, of the system from the date of the Notice of
Substantial Completion of the entire Project, and if necessary due to prior operation, the Design Builder shall
provide manufacturers' extended warranties from the date of the Design Builder's use prior to the date of the
Notice of Substantial Completion,
C. WEATHER PROTECTION
The Design Builder shall, at all times, provide protection against weather, so as to maintain all Work, materials,
apparatus and fixtures free from injury or damages. The Design Builder shall provide weather -tight storage on
substantial floors at least six (6) inches off the ground for all materials requiring protection from the weather.
D. DUST PARTITIONS
If the Worm involves work in an occupied existing building, the Design Builder shall erect and maintain during the
progress of the Work, suitable dust -proof temporary partitions, or more permanent partitions as specified, to
protect such building and the occupants thereof.
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E. BENCH MARKS
The Design Builder shall maintain any site benchmarks and shall establish any additional benchmarks necessary
to layout the Work and ascertain all grades and levels as needed.
F. SIGN
The Design Builder shall erect and permit one 4' x 8' sign only at the site to identify the Project as specified or
directed by the City, in compliance with City's Ordinance and which shall be maintained in good condition during
the life of the Project.
G. SANITARY PROVISION
The Design Builder shall provide and maintain suitable, clean, temporary sanitary toilet facilities for any and all
workmen engaged on the Work, for the entire construction period, in strict compliance with the requirements of
all applicable codes, regulations, laws and ordinances, and no other facilities, new or existing, may be used by
any person on the Project. When the Project is complete, the Design Builder shall promptly remove them from
the site, disinfect, and clean or treat the areas as required. If any new construction surfaces in the Project other
than the toilet facilities provided for herein are soiled at any time, the entire areas so soiled shall be completely
removed from the Project and rebuilt.
ARTICLE 13: SURVEYS, PERMITS, LAWS, TAXES AND LAWS
A. SURVEYS
The City shall furnish all surveys, property lines and bench marks deemed necessary by the Design Builder,
unless otherwise specified.
B. PERMITS AND LICENSES
Permits and licenses necessary for the prosecution of the Work shall be secured and paid for by the Design
Builder. The Design Builder's employees shall become personally familiar with these local conditions and
requirements and shall fully comply with such requirements. State electrical and plumbing permits are required,
unless the requirement to obtain such permits is altered by State Building's Programs. The Design Builder shall
obtain and pay for such permits.
Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by
the City, unless otherwise specified.
C. TAKES
The Design Builder shall pay all sales, consumer, use and other similar taxes required to be paid by in
accordance with the laws and regulations of the State of Florida which are applicable to the provision of the
Services under the Agreement. City will not pay for any personal property taxes levied on the Design Builder or
for any taxes levied on employees' wages. City is a political subdivision of the State of Florida and holds a State
of Florida Sales Tax Exemption Certificate (No. 85-8012621778C-1). All purchases made by City directly from a
dealer, distributor or manufacturer for materials, equipment or supplies ("direct purchase") instead of through the
Design Builder are exempt from sales, consumer, use and other similar taxes.
D. LAWS AND REGULATIONS
The Design Builder shall comply with ak laws, rules, codes, ordinances, and licensing requirements that are
applicable to the conduct of its business, including those of Local, State and Federal agencies having jurisdiction
and authority. These laws, shall include, but not be limited to, Chapter 287 of the Florida Statutes, the Uniform
Commercial Code, the Immigration and Nationalization Act, the Americans with Disabilities Act, the United States
Occupational Safety and Health Act, the United States Environmental Protection Agency, the State of Florida
Department of Environmental Protection, and all prohibitions against discrimination on the basis of race, religion,
sex, creed, national origin, handicap, marital status, sexual orientation, gender identity or expression or veteran's
status. Violation of such laws shall be grounds for termination of the Agreement.
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ARTICLE 14: DRAWINGS AND SPECIFICATIONS ON THE WORK
The Design Builder shall keep on the job site one copy of the Agreement Documents in good order, including current
copies of all Drawings and Specifications for the Work, and any approved Shop Drawings, Product Data or Samples,
and as -built drawings. As -built drawings shall be updated weekly by the Design Builder and to reflect actual
constructed conditions including dimensioned locations of underground Work and the Design Builder's failure to
maintain such updates may be grounds to withhold portions of payments otherwise due. All such documents
shall be available to representatives of the City. In addition, the Design Builder shall keep on the job site one copy of
all approved addenda, Change Orders and requests for information issued for the Work.
The Design Builder shall develop procedures to insure the currency and accuracy of as -built drawings and shall
maintain on a current basis a log of requests for information and responses thereto, a Shop Drawing and Product
Data submittal log, and a Sample submittal log to record the status of all necessary and required submittals.
ARTICLE 15: PROTECTION OF WORK AND PROPERTY
A. GENERAL PROVISIONS
The Design Builder shall continuously maintain adequate protection of all Work and materials protect the
property from injury or loss arising in connection with this Agreement and adequately protect adjacent property
as provided by law and the Agreement Documents. The Design Builder shall make good any damage, injury or
loss, except to the extent:
1. Caused by agents or employees of the City; and,
2. Due to causes beyond the Design Builder's control and not due to fault or negligence; provided such
damage, injury or loss would not be covered by the insurance required to be carried by the Design
Builder.
B. SAFETY PRECAUTIONS
K Design Builder shall take all necessary precautions for the safety of employees on the Project, and shall
comply with all applicable provisions of federal, State and municipal safety laws and building codes to prevent
accidents or injury to persons on, about or adjacent to the premises where the Work is being performed. Design
Builder shall erect and properly maintain at all times, as required by the conditions and progress of the Work, all
necessary safeguards for the protection of workers and the public and shall post danger signs warning against
the hazards created by such features of construction as protruding nails, hoists, well holes, elevator hatchways,
scaffolding, window openings, stairways and falling materials; and he or she shall designate a responsible
member of his or her organization on the Project, whose duty shall be the prevention of accidents. The name
and position of any person so designated shall be reported to the City by the Design Builder.
The Design Builder shall provide all necessary bracing, shoring and tying of all structures, decks and framing to
prevent any structural failure of any material which could result in damage to property or the injury or death of
persons; take all precautions to insure that no part of any structure of any description is loaded beyond its
carrying capacity with anything that will endanger its safety at any time; and provide for the adequacy and safety
of all scaffolding and hoisting equipment. The Design Builder shall not permit open fires within the building
enclosure. The Design Builder shall construct and maintain all necessary temporary drainage and do all
pumping necessary to keep excavations and floors, pits and trenches free of water. The Design Builder shall be
solely responsible for all construction means, methods, techniques, sequences and procedures, and for
coordinating all portions of the Work, except as otherwise noted.
The Design Builder shall take due precautions when obstructing sidewalks, streets or other public ways in any
manner, and shall provide, erect and maintain barricades, temporary walkways, roadways, trench covers,
colored lights or danger signals and any other devices necessary or required to assure the safe passage of
pedestrians and automobiles.
C. EMERGENCIES
In an emergency affecting the safety of life or of the Work or of adjoining property, the Design Builder without
special instruction or authorization from the City, is hereby permitted to act, at his or her discretion, to prevent
such threatened loss or injury; and he or she shall so act, without appeal, if so authorized or instructed.
City of Sebastian, Florida / Ahrens Enterprises, Inc. dba Ahrens Companies (GMP)
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ARTICLE 16: SAMPLES AND TESTING
A. SAMPLES
The Design Builder shall furnish for approval, with such promptness as to cause no delay in his or her Work
engaged by the City, all Samples as directed by the City. The Design Builder and the City shall check and
approve such Samples, with reasonable promptness, but only for conformance with the design intent of the
Agreement Documents and the Project, and for compliance with any submission requirements given in the
Agreement Documents.
B. TESTING - GENERAL
The Design Builder shall provide such equipment and facilities required for conducting field tests and for
collecting and forwarding samples to be tested.
All materials or equipment proposed to be used may be tested at any time during their preparation or use. The
Design Builder shall furnish the required samples without charge. Products may be sampled either prior to
shipment or after being received at the site of the Work.
Tests shall be made by an accredited testing laboratory. Except as otherwise provided in the Specifications,
sampling and testing of all materials, and the laboratory methods and testing equipment, shall be in accordance
with the latest standards and tentative methods of the American Society of Testing Materials (ASTM). The cost
of testing shall be paid by the Design Builder.
C. TESTING - CONCRETE AND SOILS
The Design Builder shall assume the responsibility of arranging, scheduling and coordinating the concrete
sample collection efforts and soils compaction efforts in an efficient and cost effective manner. Testing shall be
performed in accordance with the requirements of the Specifications, and if no requirements are specified, the
Design Builder shall request instructions and testing shall be as directed by the Design Builder's Engineer(s), as
applicable, and in accordance with standard industry practices.
The City and the Design Builder shall be given reasonable advance notice of each concrete pour and reserve the
right to either increase or decrease the number of cylinders or the frequency of tests.
Soil compaction testing shall be at random locations selected by the Engineer(s). In general, soils compaction
testing shall be as directed by the Engineer(s) and shall include all substrate prior to backfill or construction.
D. TESTING - OTHER
Additional testing required by the Specifications will be accomplished and paid for by the Design Builder in a
manner similar to that for concrete and soils unless noted otherwise in the Specifications. In any case, the
Design Builder will be responsible for arranging, scheduling and coordinating additional tests.
ARTICLE 17: UTILITIES
A. TEMPORARY UTILITIES
Unless otherwise specifically stated in the Specifications or on the Drawings, the Design Builder shall be
responsible for the locations of all utilities as shown on the Drawings or indicated elsewhere in the Specifications,
subject to compliance with all statutory or regulatory requirements to call for utility locates. The Design Builder
shall provide and pay for the installation of all temporary utilities required to supply all the power, light and water
needed and shall install and maintain all such utilities in such manner as to protect the public and workmen and
conform to any applicable laws and regulations. Upon completion of the Work, Design Builder shall remove all
such temporary utilities from the site. The Design Builder shall pay for all consumption of power, light and water
used without regard to whether such items are metered by temporary or permanent meters.
B. PROTECTION OF EXISTING UTILITIES
Where existing utilities, such as water mains, sanitary sewers, storm sewers and electrical conduits, are shown
on the Drawings, the Design Builder shall be responsible for the protection thereof, without regard to whether any
such utilities are to be relocated or removed as a part of the Work. If any utilities are to be moved, the moving
must be conducted in such manner as not to cause undue interruption or delay in the operation of the same.
C. CROSSING OF UTILITIES
When new construction crosses highways, railroads, streets, or utilities under the jurisdiction of State, city or
other public agency, public utility or private entity, the Design Builder shall secure proper written permission
before executing such new construction. The Design Builder will be required to furnish a proper release before
final acceptance of the Work.
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ARTICLE 18: CORRECTION OF WORK BEFORE ACCEPTANCE
The Design Builder shall promptly remove from the premises all work or materials condemned or declared irreparably
defective as failing to conform to the Agreement Documents on receipt of written Notice from the City, whether
incorporated in the Work or not. The City reserves the right to consult with the Design Builder on any item in question
and to obtain documentation of opinions rendered. If such materials shall have been incorporated in the Work, or if
any unsatisfactory Work is discovered, the Design Builder shall promptly replace and re -execute his or her Work in
accordance with the requirements of the Agreement Documents without expense to the City.
Should any defective Work or material be discovered during the process of construction, or should reasonable doubt
arise as to whether certain material or Work is in accordance with the Agreement Documents, the value of such
defective or questionable material or Work shall not be included in any application for payment, or if previously
included, shall be deducted by the City from the next application submitted by the Design Builder.
If the Design Builder does not perform repair, correction and replacement of defective Work, in lieu of proceeding by
issuance of a Notice of intent to remove condemned Work as outlined above, the City may, not less than seven (7)
days after giving the original written Notice of the need to repair. correct. or replace defective Work, deduct all costs
and expenses of reolacement or correction from the Design Builder's next aoplication for payment in addition to the
value of the defective Work or material.
If the Design Builder does not remove such condemned or irreparably defective Work or material within a reasonable
time, the City may, after giving a second seven (7) day advance Notice to the Design Builder and the Surety,
remove them and may store the material at the Design Builder's expense. The City may accomplish the removal and
replacement with its own forces. If the Design Builder disagrees with the Notice to remove Work or materials
condemned or declared irreparably defective, the Design Builder may request facilitated negotiation of the issue and
the City's right to proceed with removal and to deduct costs and expenses of repair shall be suspended and tolled
until such time as the parties meet and negotiate the issue.
ARTICLE 19: CHANGES IN THE WORK
The City may designate, without invalidating the Agreement, extra Work or make changes with or without the consent
of the Design Builder as hereafter provided, by altering, adding to or deducting from the Work, the Agreement sum
being adjusted accordingly. All such changes in the Work shall be within the general scope of and be executed under
the conditions of the Agreement, except that any claim for extension of time made necessary due to the change or
any claim of other delay or other impacts caused by or resulting from the change in the Work shall be presented by
the Design Builder and adjusted by Change Order to the extent known at the time such change is ordered and before
proceeding with the extra or changed Work. Any claims for extension of time or of delay or other impacts, and any
costs associated with extension of time, delay or other impacts, which are not presented before proceeding with the
change in the Work, and which are not adjusted by Change Order to the extent known, shall be waived.
A. THE VALUE OF CHANGED WORK
I. The value of any extra Work or changes in the Work shall be determined by agreement by estimate and
acceptance of a lump -sum amount.
2. Where the Design Builder and the City cannot agree on the value of extra work, the City may order the
Design Builder to perform the changes in the Work and a Change Order may be unilaterally issued based on
an estimate of the change in the Work prepared by the City. The value of the change in the Work shall be
the City's determination of the amount of equitable adjustment attributable to the extra Work or change.
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B. DETAILED BREAKDOWN
In all cases where the value of the extra or changed Work is not known based on unit prices in the Design
Builder's proposal or the Agreement, a detailed change proposal shall be submitted by the Design Builder, with
which the City may require an itemized list of materials, equipment and labor, indicating quantities, time and cost
for completion of the changed Work.
Such detailed change proposals shall be stated in lump sum amounts and shall be supported by a separate
breakdown, which shall include estimates of all or part of the following when requested by the City:
1. Materials, indicating quantities and unit prices including taxes and delivery costs, if any.
2. Labor costs, indicating hourly rates and time and labor burden to include Social Security and other payroll
taxes such as unemployment, benefits and other customary burdens.
3. Costs of project management time and superintendence time of personnel stationed at the site, and other
field supervision time, but only where a time extension, other than a weather delay, is approved as part of
the Change Order, and only where such project management time and superintendence time is directly
attributable to and required by the change.
4. Construction equipment (including small tools). Expenses for equipment and fuel shall be based on
customary commercially reasonable rental rates and schedules. Equipment and hand tool costs shall not
include the cost of items customarily owned by workers.
5. Workers' compensation costs, if not included in labor burden.
6. The cost of commercial general liability and property damage insurance premiums but only to the extent
charged the Design Builder as a result of the changed Work.
7. Builder's risk insurance premium costs.
8. Bond premium costs.
9. Testing costs not otherwise excluded by these General Conditions.
10. Sub -Contractor costs.
11. Design Builder's Architect/Engineer Design Services Costs.
C. HAZARDOUS MATERIALS
The City represents that it has undertaken an examination of the site of the Work and has no knowledge of
hazardous substances, as defined below, which the Design Builder could reasonably encounter in its
performance of the Work. In the event the City so discovers hazardous substances, the City shall render
harmless such hazards before the Design Builder commences the Work.
In the event the Design Builder encounters any materials reasonably believed to be hazardous substances which
have not been rendered harmless, the Design Builder shall immediately stop Work in the area affected and
report the condition to the City, in writing. For purposes of this Agreement, "hazardous substances" shall include
asbestos, lead, polychlorinated biphenyl (PCB) and any or all of those substances defined as "hazardous
substance", "hazardous waste", or "dangerous or extremely hazardous wastes" as those terms are used in the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Resource
Conservation and Recovery Act (RCRA), and shall also include materials regulated by the Toxic Substances
Control Act (TSCA), the Clean Air Act, the Air Quality Act, the Clean Water Act, and the Occupational Safety and
Health Act. The Work in the affected area shall not therefore be resumed except by written agreement of the City
and the Design Builder, if in fact materials that are hazardous substances have not been rendered harmless. The
Work in the affected area shall be resumed only in the absence of the hazardous substances or when it has
been rendered harmless or by written agreement of the City and the Design Builder.
D. EMERGENCY FIELD CHANGE ORDERED WORK
The City, without invalidating the Agreement, may order extra Work or make changes in the case of an
emergency that is a threat to life or property or where the likelihood of delays in processing a normal Change
Order will result in substantial delays and or significant cost increases for the Project. Emergency Field Orders
are not to be used solely to expedite normal Change Order processing absent a clear showing of a high potential
for significant and substantial cost or delay. Such changes in the Work may be directed through issuance of an
Emergency Field Change Order signed by the Design Builder and approved by the City.
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ARTICLE 20: DELAYS AND EXTENSIONS OF TIME
If the Design Builder is delayed at any time in the progress of the Work, the Design Builder shall provide Notice in
writing to the City within three (3) business days from the beginning of such delay and shall file a written claim for an
extension of time within seven (7) business days after the period of such delay.
All claims for extension of time due to a delay claimed to arise or result from ordered changes in the scope of the
Work, or due to instructions claimed to increase the scope of the Work, shall be presented to the City as part of a
claim for extra cost, if any.
Extension of the time for completion of the Work will be granted for delays due to weather conditions only when the
Design Builder demonstrates that such conditions were more severe and extended. For weather delays and delays
caused by events, acts or omissions not within the control of the City or any person acting on the City's behalf, the
Design Builder shall be entitled to an extension of time only and shall not be entitled to recovery of additional cost due
to or resulting from such delays. This Article does not, however, preclude the recovery of damages for delay by
either party under other provisions in the Agreement Documents.
ARTICLE 21: DISPUTE RESOLUTION
For any dispute concerning performance of the Agreement, which includes without limitation controversies based
upon breach of agreement, mistake, misrepresentation, or other cause for agreement modification or rescission, the
City shall attempt to reach a mutual agreement as to the settlement and resolution of the dispute with The Design
Builder. The City Manager or designee's decision upon all claims, questions, and disputes shall be final,
conclusive, and binding.
Adjustments of compensation and contract time because of any major changes in the work that might become
necessary or be deemed as the work progresses shall be reviewed by the City's assigned Project Manager and will
require that a Change Order be processed in accordance with the City's legal and administrative procedures. if the
Design Builder does not concur in the judgment of the Project Manager, it shall present written objections to the City
Manager, who shall make a decision, and the Design Builder shall abide by the City Manager's decision. The
decision shall be final and conclusive.
ARTICLE 22: COMPLETION, FINAL INSPECTION, ACCEPTANCE AND SETTLEMENT
A. NOTICE OF COMPLETION
When the Work, or a discrete physical portion of the Work (as hereafter described) which the City has agreed to
accept separately, is substantially complete and ready for final inspection, the Design Builder shall file a written
Notice with the City that the Work, or such discrete physical portion, in the opinion of the Design Builder, is
substantially complete under the terms of the Agreement. The Design Builder shall prepare and submit with
such Notice a comprehensive list of items to be completed or corrected prior to final payment, which shall be
subject to review and additions as the City shall determine after inspection. If the City believes that any of the
items on the list of items submitted, or any other item of work to be corrected or completed, or the cumulative
number of items of work to be corrected or completed, will prevent a determination that the Work is substantially
complete, those items shall be completed by the Design Builder and the Notice shall then be resubmitted.
B. FINAL INSPECTION
Within ten (10) days of the submission of the Notice that the Work is substantially complete, the City and the
Design Builder shall make a "final inspection" of the Project to determine whether the Work is substantially
complete and has been completed in accordance with the Agreement Documents. The Design Builder shall
provide the City an updated punch list in sufficient detail to fully outline the following:
1. Work to be completed, if any; and
2. Work not in compliance with the Drawings or Specifications, if any.
A final punch list may be made by the City in sufficient detail to fully outline to the Design Builder, unsatisfactory
Work for any reason, if any.
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C. NOTICE OF SUBSTANTIAL COMPLETION
Notice of Substantial Completion shall establish the date of substantial completion of the Project. The Design
Builder acknowledges and agrees that because the departments, agencies and institutions of the City are
generally involved with the business of the public at large, greater care must be taken in establishing the date of
substantial completion than might otherwise be the case to ensure that a project or building or discrete physical
portion of the Work is fully usable and safe for public use, and that such care necessarily raises the standard by
which the concept of substantial completion is applied for a public building.
The Notice of Substantial Completion shall not be issued until the following have been fully established:
1. All required building code inspections have been called for and the appropriate code officials have affixed
their signatures to the Building Inspection Record indicating successful completion of all required code
inspections; and
2. All required corrections noted on the Building Inspection Record shall have been completed unless the
Design Builder and the City, in their complete and absolute discretion, all concur that the condition
requiring the remaining correction is not in any way life threatening, does not otherwise endanger persons
or property, and does not result in any undue inconvenience or hardship to the City or the public; and
3. The building, structure or Project can be fully and comfortably used by the City and the public without
undue interference by the Design Builder's employees and workers during the completion of the final
punch list taking into consideration the nature of the public uses intended and taking into consideration
any stage or level of completion of HVAC system commissioning or other system testing required by the
Specifications to be completed prior to issuance of the Notice of Substantial Completion; and
4. The Project has been fully cleaned as required by these Supplemental General Conditions, and as
required by any stricter requirements of the Specifications, and the overall state of completion is
appropriate for presentation to the public.
Substantial completion of the entire Project shall not be conclusively established by a decision by the City to take
possession and use of a portion, or the entire Project, where portions of the Project cannot meet all the criteria
noted above. Failure to furnish the required completion schedule shall constitute a substantial reason for
withholding the issuance of any Notice of Substantial Completion.
The Design Builder shall have the right to request a final inspection of any discrete physical portion of the Project
when in the opinion of the City, a final punch list can be reasonably prepared, without confusion as to which
portions of the Project are referred to in any subsequent Notice of Partial Final Settlement which might be issued
after such portion is finally accepted.
D. NOTICE OF ACCEPTANCE
The Notice of Acceptance shall establish the completion date of the Project. It shall not be authorized until the
Design Builder has performed all of the Work to allow completion and approval.
ARTICLE 23: GENERAL WARRANTY AND CORRECTION OF WORK AFTER ACCEPTANCE
The Design Builder shall furnish the City with Design Builder's and manufacturer's warranty for all work. General
Contractors' warranty period shall be one (1) year from the date of submittal of Final Completion and acceptance by
the City. Design Builder warrants that the materials used and the equipment furnished shall be new and of good
quality. The Design Builder further warrants that the Work, in all respects, is free from material defects not permitted
by the Specifications and shall be in accordance with the requirements of the Agreement Documents. Neither the
final certificate for payment nor any provision in the Agreement Documents shall relieve the Design Builder of
responsibility for defects or faulty materials or workmanship.
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ARTICLE 24: GUARANTEES AND WARRANTIES
A. ONE-YEAR GUARANTEE OF THE WORK
All Work shall be guaranteed by the Design Builder against defects resulting from the use of inferior materials,
equipment, inadequate sizes, or workmanship for one (1) year from the date of Final acceptance by the City. The
Design Builder shall guarantee to remedy defects and repair or replace the Work for a period of one (1) year
from the date of the Notice of Substantial Completion or from the dates of any partial Notices of Substantial
Completion, including any necessary repair or replacement due to malfunction in equipment or damage to the
Work, regardless of cause, except for such malfunction and)or damage as are caused by outside perils unrelated
to the Work, such as: fire lightning, wind storm, hail, riot, civil commotion, aircraft, vehicles, smoke, vandalism,
and malicious mischief. The Design Builder shall remedy any defects due to faulty materials or workmanship and
shall pay for, repair and replace any damage to other Work resulting there from, which shall appear within a
period of one (1) year from the date of such Notice(s) of Substantial Completion. The Design Builder shall also
remedy any deviation from the requirements of the Agreement Documents which shall later be discovered within
a period of one year from the date of the Notice of Substantial Completion; provided, however, that the Design
Builder shall not be required to remedy deviations from the requirements of the Agreement Documents where
such deviations were obvious, apparent and accepted by the City at the time of the Notice of Final Acceptance.
The City shall give Notice of observed defects or other Work requiring correction with reasonable promptness.
Such Notice shall be in writing to the Design Builder.
The one (1) year guarantee of the Design Builder's Work may run separately for discrete physical portions of the
Work for which partial Notices of Substantial Completion have been issued; however, it shall run from the last
Notice of Substantial Completion with respect to all or any systems common to the Work to which more than one
Notice of Substantial Completion may apply.
This one (1) year guarantee shall not be construed to limit the Design Builder's general warranty described
above, that all materials and equipment are new and of good quality, unless specified to the contrary, and that
the Work shall in all respects be free from material defects not permitted by the Specifications and in accordance
with the requirements of the Agreement Documents,
B. 10-YEAR STRUCTURAL WARRANTY
A 10-year structural warranty covers major structural defects for ten (10) years from the date of Final acceptance
by the City. The Design Builder is the responsible party to repair, replace or pay for major structural defects under
this warranty. The 10-year warranty covers the following load -bearing components:
• Foundation systems and footings
• Flooring framing systems
• Walls and partitions
• Roof framing systems
• Beams
• Headers
• Girders
• Lintels (other than those supporting veneers)
• Columns ( other than a column that is designed to be cosmetic)
• Masonry Arches (other than a column that is designed to be cosmetic)
C. SPECIAL GUARANTEES AND WARRANTIES
In case of Work performed for which product, manufacturers or other special warranties are required by the
Specifications, the Design Builder shall secure the required warranties and deliver copies thereof to the City
upon completion of the Work.
These products, manufacturers or other special warranties, as such, do not in any way lessen the Design
Builder's responsibilities under the Agreement. Whenever guarantees or warranties are required by the
Specifications for a longer period than one year, such longer period shall govern.
D. WARRANTY OF TITLE
The Design Builder warrants and guarantees that title to all Work, materials, and equipment furnished under the
Agreement will pass to the City free and clear of (1) all Liens and other title defects, and (2) all patent, licensing,
copyright, or royalty obligations, no later than five (5) days after the time of payment by the City.
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ARTICLE 25: GUARANTEE INSPECTIONS AFTER COMPLETION
The Design Builder and the City together shall make at least two (2) complete inspections of the Work after the Work
has been determined to be substantially complete and accepted. One such inspection, the "Six -Month Guarantee
Inspection," shall be made approximately six (6) months after date of the Notice of Substantial Completion, Another
such inspection; the "Eleven -Month Guarantee Inspection" shall be made approximately eleven (11) months after the
date of the Notice of Substantial Completion. The Design Builder shall schedule and so notify all parties concerned
of these inspections. If more than one Notice of Substantial Completion has been issued, at the reasonable
discretion of the City, separate eleven (11) month inspections may be required where the one (1) year guarantees do
not run reasonably concurrent.
Written punch lists and reports of these inspections shall be prepared by the Design Builder and approved by the
City, within ten (10) days after the completion of the inspections. The punch list shall itemize all guarantee items,
prior punch list items still to be corrected or completed and any other requirements of the Agreement Documents to
be completed which were not waived by final acceptance because they were not obvious or could not reasonably
have been previously observed. The Design Builder shall immediately initiate such remedial work as may be
necessary to correct any deficiencies or defective Work shown by this report, and shall promptly complete all such
remedial work in a manner satisfactory to the City.
If the Design Builder fails to promptly correct all deficiencies and defects shown by this report, the City may do so,
after giving the Design Builder ten (10) days written Notice of intention to do so. The City shall be entitled to collect
from the Design Builder all costs and expenses incurred by it in correcting such deficiencies and defects, as well as
all damages resulting from such deficiencies and defects.
ARTICLE 26: TERMINATION FOR CONVENIENCE
A. NOTICE OF TERMINATION
The performance of Work under this Agreement may be terminated, in whole or in part, by the City whenever for
any reason the City shall determine that such termination is in the best interest of the City. Termination of Work
hereunder shall be effected by delivery to the Design Builder of a Notice of such termination specifying the extent
to which the performance of Work under the Agreement is terminated and the date upon which such termination
becomes effective.
B. PROCEDURES
After receipt of the Notice of termination, the Design Builder shall, to the extent appropriate to the termination,
cancel outstanding commitments hereunder covering the procurement of materials, supplies, equipment and
miscellaneous items. In addition, the Design Builder shall exercise all reasonable diligence to accomplish the
cancellation or diversion of all applicable outstanding commitments covering personal performance of any Work
terminated by the Notice. With respect to such canceled commitments, the Design Builder agrees to settle all
outstanding liabilities and all claims arising out of such cancellation of commitments, with approval or ratification
of the City, to the extent he or she may require, which approval or ratification shall be final for all purposes of this
clause.
The Design Builder shall submit his or her final payment request promptly after receipt of a Notice of termination,
but in no event later than thirty (30) days from the effective date thereof, unless one or more extensions in writing
are granted by the City upon written request of the Design Builder within such three (3) month period or
authorized extension thereof. Upon failure of the Design Builder to submit his or her termination claim within the
time allowed, the City may determine, on the basis of information available, the amount, if any, due to the Design
Builder by reason of the termination and shall thereupon pay to the Design Builder the amount so determined.
Subject to the preceding provisions, the Design Builder and the City may agree upon the whole or any part of the
amount or amounts to be paid to the Design Builder by reason of the termination under this clause, which
amount or amounts may include any reasonable cancellation charges thereby incurred by the Design Builder and
any reasonable loss upon outstanding commitments for personal services which he or she is unable to cancel;
provided, however, that in connection with any outstanding commitments for personal services which the Design
Builder is unable to cancel, the Design Builder shall have exercised reasonable diligence to divert such
commitments to other activities and operations. Any such agreement shall be embodied in an Amendment to
this Agreement and the Design Builder shall be paid the agreed amount.
The City may from time to time, under such terms and conditions as it may prescribe, make partiaf payments
against costs incurred by the Design Builder in connection with the termination portion of this Agreement,
whenever, in the opinion of the City, the aggregate of such payments is within the amount to which the Design
Builder will be entitled hereunder.
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The Design Builder agrees to transfer title and deliver to the City, in the manner, at the time, and to the extent, if
any, directed by the City, such information and items which, if the Agreement had been completed, would have
been required to be furnished to the City, including:
1. Completed or partially completed plans, Drawings and information; and,
2. Materials or equipment produced or in process or acquired in connection with the performance of the
Work terminated by the Notice.
Other than the above, any termination inventory resulting from the termination of the Agreement may, with
written approval of the City, be sold or acquired by the Design Builder under the conditions prescribed by and at
a price or prices approved by the City, not applicable to Direct Purchase materials. The proceeds of any such
disposition shall be applied in reduction of any payments to be made by the City to the Design Builder under this
Agreement or shall otherwise be credited to the price or cost of Work covered by this Agreement or paid in such
other manners as the City may direct. Pending final disposition of property arising from the termination, the
Design Builder agrees to take such action as may be necessary, or as the City may direct, for the protection and
preservation of the property related to this Agreement which is in the possession of the Design Builder and in
which the City has or may acquire an interest.
ARTICLE 27: MISCELLANEOUS PROVISIONS
A. CONSTRUCTION OF LANGUAGE
The language used in these General Conditions shall be construed as a whole according to its plain meaning,
and not strictly for or against any party. Such construction shall, however, construe language to interpret the
intent of the parties giving due consideration to the order of precedence noted in Article 2C, Intent of
Documents.
B. SEVERABILITY
Provided this Agreement can be executed and performance of the obligations of the Parties accomplished
within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes
inoperable for any reason shall not affect the validity of any other provision hereof, provided that the Parties
can continue to perform their obligations under this Agreement in accordance with its intent.
C. SECTION HEADINGS
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions.
D. AUTHORITY
Each person executing the Agreement and its Exhibits in a representative capacity expressly represents and
warrants that he or she has been duly authorized by one of the parties to execute the Agreement and has
authority to bind said party to the terms and conditions hereof.
E. INTEGRATION OF UNDERSTANDING
This Agreement is intended as the complete integration of all understandings between the parties and
supersedes all prior negotiations, representations, or agreements, whether written or oral. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever,
unless embodied herein in writing. No subsequent notation, renewal, addition, deletion, or other amendment
hereto shall have any force or effect unless embodied in a written Change Order or Amendment to this
Agreement.
F. NO THIRD PARTY BENEFICIARIES
Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any
services or benefits which third parties receive as a result of this Agreement are incidental to the Agreement,
and do not create any rights for such third parties.
G. WAIVER
Walver of any breach under a term, provision, or requirement of this Agreement, or any right or remedy
hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any
subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year noted
above.
ATTEST (SEAL):
Jeanette Williams, MMC
CITY CLERK
Approved as to form and legality for
reliance by the City of Sebastian only:
Manny Anon Jr., Esq.
CITY ATTORNEY
THE CITY OF SEBASTIAN:
("City")
I:Pi
Paul E. Carlisle
CITY MANAGER
WRIGHT CONSTRUCTION GROUP, INC.:
("Design Builder")
BY:
Fred M. Edman
PRESIDENT
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a,
SE13ASTIAN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: April 14, 2021
Agenda Item Title: Ordinance 0-21-03 Proposed Land Development Code Amendment in
regards to Mobile Food Establishments & Criteria for Temporary Uses
Recommendation: Hold first reading for Ordinance 0-21-03. If approved, set second reading
and public hearing for Mayl2, 2021.
Background: The State of Florida adopted legislative Chapter 2020-160 and created F.S.
Section 509.102 which pre-empted the regulation of mobile food dispensing vehicles involving licenses,
registrations, permits and fees related to the operation of mobile food dispensing vehicles to the state:, and
banned local governmental entities from prohibiting mobile food dispensing vehicles from operating within the
entity's jurisdiction. The city wishes to comply with the State's directive by recognizing this specialized market
segment, classifying the types of permitted mobile food establishments or dispensing vehicles and
establishing appropriate standards that allow for typical food truck activities while mitigating associated
undesirable impacts . The Planning and Zoning Commission reviewed the Ordinance 0-21-03 on March 18,
2021 and unanimously approved the draft ordinance with the recommendation of removal of language related
to operational distance requirements as it appeared in direct conflict to F.S. 509.102; specifically, 54-2-
3.6(c)(8)- this area has been highlighted for your use. Under the Temporary Uses segment found within the
ordinance, the Fire Marshal clarified the threshold for tent sizes that require a flame retardant rating; this has
also been highlighted for your use- specifically, 54-2-3.2(2).
If Agenda Item Requires Expenditure of Funds:
Budgeted Amount: NIA
Total Cost: No cost for this agenda item is anticipated.
Funds to Be Utilized for Appropriation: NIA
Attachments:
1. Ordinance 0-21-03
2. F.S. 509.102
Administrative Services Department Revi l �.
City Attorney Review: I
/ eNIA Procurement Division Review, if applicable:
City Manager Authorization
Date: 11/7 /,)- /
66 of 128
ORDINANCE NO.O-21-03
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING
LAND DEVELOPMENT CODE SECTION 54-5-22.2, DEFINITION OF TERMS,
BY CREATING A DEFINITION FOR MOBILE FOOD ESTABLISHMENTS,
AMENDING LAND DEVELOPMENT CODE SECTIONS 54-2-3.2, 3.3, AND 3.4
RELATING TO THE PROCEDURES AND CRITERIA FOR REVIEW OF
TEMPORARY USES, AND INITIATING LAND DEVELOPMENT CODE
SECTION 54-2-3.6 WHICH INSTATES PROCEDURES AND CRITERIA FOR
MOBILE FOOD ESTABLISHMENTS,; PROVIDING FOR SEVERABILITY
AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, effective July 1', 2020, the State of Florida adopted legislative Chapter 2020-160 and
created F.S. Section 509.102 which pre-empted the regulation of mobile food dispensing vehicles involving
licenses, registrations, permits and fees and the regulation of the operation of mobile food dispensing vehicles to
the state, and banned local governmental entities from prohibiting mobile food dispensing vehicles from
operating within the entity's jurisdiction; and
WHEREAS, the City wishes to comply with the State's directive by recognizing this specialized
market segment, classifying the types of permitted mobile food establishments or dispensing vehicles, and
establishing appropriate standards that allow for typical food truck activities while mitigating associated,
undesirable impacts; and
WHEREAS, the City Council finds it is in the public interest to create, modify and update certain
sections of the code pertaining to mobile food establishments or dispensing vehicles, and temporary uses; and
WHEREAS, the Local Planning Agency held a public hearing on March 18, 2021, and made a
recommendation to City Council to Ordinance 0-21-03.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby amended as
follows:
Amendment 1: ARTICLE XXII. LANGUAGE AND DEFINITIONS
Sec. 54-5-22.2. Definition of terms.
Mining.
1
67 of 128
Mobile Food Establishment. A nublic food service establishment involving the use of a mobile food dispensing
vehicle that is self-propelled or otherwise movable from place to place, such as a truck, trailer, or similar self-
propelled conveyance, and includes self-contained utilities, including but not limited to, gas, water, electricity.
or liquid waste disposal.
Mobile home.
Amendment 2: ARTICLE III. SPECIAL USE, SPECIAL EXCEPTION AND TEMPORARY USE
PERMITS
Sec. 54-2-3.6. Procedures and criteria for mobile food establishments.
(a) Classifications. Mobile food establishments involving the use of a mobile food dispensing
vehicle shall be classified as follows:
(1) Class I — Mobile Kitchens. In addition to the vending of products allowed for Class I1
and Class II1, these vehicles may cook. prep_ are and assemble food items in the unit and serve a
full menu.
(2) Class 11— Canteen trucks. These vehicles vend fruits. vegetables. hot dogs. precooked
foods, nre-packaged foods and nre-nackaaed drinks. No orenaration or assemblv of foods or
beverages may take ulace on or in the vehicle, however, the heating_ of nre-cooked foods is
allowed.
(3) Class Ill — Ice cream trucks. These vehicles vend only pre-nackaged frozen dairy or
frozen water -based food products. soft serve or hand -dipped frozen dairy_ products or frozen
water -based products and nre-nackaged beverages.
(b) Specific reauirements.
Mobile food establishments conducting business in coniunetion with a city -sanctioned event or
activity, or events held on city -owned public oroDerty shall comaly with all standards and
requirements as established by the event coordinator and/or the citv's Leisure Services
Department. in addition to anv annlicable state regulatory agency's regulations. All other
mobile food establishments, except those as a part of an approved Temnorary Use Permit on
vrivately-owned property as regulated in Section 54-2-3.2. shall comniv with the fallowing
requirements:
(1) Class I vehicles may operate in commercial, industrial, and nublic service zoning
districts only. Class II and Class III vehicles may operate in anv zoning district provided that
they are not stationary for periods exceeding_ 60 minutes in anv residential zoning district or
anv construction site, and must not constitute a hazard to vehicular or pedestrian traffic.
(2) Class I mobile food establishments shall have the written consent of the owner(s) of the
DrODerty on which it is located. Such written permission shall be available unon request by the
renresentative of anv regulating agencv.
(3) Anv person engaged in selling. preparing, or dispensing food from a mobile food
disnensine vehicle shall obtain the appropriate approvals and licenses from the State of Florida
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Department of Business and Professional Regulations, (DBPR). Florida Department of Health.
and/or the Florida Department of Agriculture and Consumer Services before operating, and be
able and willing to provide copies of all approvals and licenses upon request.
(4) Mobile food establishments are not required to obtain any local licenses, registrations,
permits or pay anv operating fees. However, the business entity or owner operating the mobile
food establishment(s) may need to obtain a local Business Tax Receint from the iurisdictional
authority applicable to where the base of operations is located.
(5) The mobile food establishment shall make the dispensing vehicle available for routine
Inspections by the City of Sebastian Fire Marshal. Building Inspector. or Code Enforcement
Officer at any time requested and at any freauencv deemed appropriate, while at location or in
oncration, to ensure compliance with all applicable federal, state, and local fire safety statutes,
regulations and codes, and local regulations of this section.
(6) Mobile food establishments shall comply with all reouirements of the most current
edition of the Florida Fire Prevention Code (FFPC) and the National Fire Protection
Association (NFPA). Upon inspection. if the Fire Marshal or his designee determines any
violations of the FFPC or NFPA exists. the mobile food establishment can be required to cease
operations immediately.
(7) The selling or distributing of alcoholic beverages from a mobile food establishment
must be in accordance with Section 10-1 (Sales of liauor near churches and schools restricted)
and Section 10-2 (Prohibited hours of sale) of the Code of Ordinances. Tile establishment must
also have a valid State license to sell alcoholic beverages. and be able to provide a copy upon
request.
(c) Prohibitions. Mobile food establishments operating_ a mobile food dispensing vehicle are
prohibited from the following:
(1) Serving from a free-standing grill.
(2) Operating in a driveway, driveway aisle, loading zone, no parking zone, fire lane,
blocking fire hydrants or any other fire protection devises and equipment. or American with
Disabilities Act (ADA) accessible parking spaces and/or accessible ramps. Class I
establishments are prohibited from operating within a public right-of-way.
(3) Operating in a location that impedes on -site circulation of motor vehicles, the ingress or
egress of a building, or emergenev exits.
(4) Operating on unimproved surfaces, at abandoned or vacant business locations, and in
any approved landscape buffer or stormwater retention area.
(5) Use of sound amplification that meets the criteria of unnecessary and excessive as
established in Chapter 67 of the Code of Ordinances.
(6) Using balloons. banners, streamers, snipe signs, large flashing lights, flags, scantily
cladded or costumed work staff, or other similar devices to attract customers.
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(7) Selling or dispensing food to customers in a moving vehicle or otherwise enizaging in
drive-uv sales.
(d) Operating Requirements.
(1) Mobile food disoensin2 vehicles shall be self-contained when operating, and provide
their own reauired trash and /or recycling receptacles, and receptacles for Dublic use. Mobile
food establishments shall remove all waste and trash at the end of each day of operation, and
prior to vacating their location and fully comply with F.A.C. Rule 6 ] C-4.0161.
(2) Under no circumstances shall grease or anv waste materials be released into aaxv
stormwater system, tree landscaping area, sidewalks, streets. Darkine lots. or private/public
Droperty. Mobile food establishments shall be responsible to nronerly discard anv waste
material in accordance with federal, state, county, municipal, or anv laws. rules, regulations,
orders, or permits.
(3) No more than two mobile food establishments shall operate at the same location at anv
one time. except as may be Dermitted as Dart of an aporoved Temoorary Use Permit on
Drivately-owned Drooerty as regulated in Section 54-2-3.2.
(4) Mobile food establishments are Dermitted on each nronerty a maximum of no more
than two (2) days Der calendar week.
(5) Class I mobile food establishments operating at a site for a duration longer than four
(4) hours shall have an agreement which confirms that emolovees have access to a flushable
restroom within 150 feet of the establishment's location during the hours of operation.
(6) Mobile food establishments shall not reauire the use of more than 10% of existing
Darkine spaces. In addition to the location of the mobile food disoensary vehicle, a 10-foot by
10-foot area, covered or uncovered, may be Dermitted to accommodate seating and tables, if
aporoved by the DroDerty owner.
(e) Penalties and other legal remedies. The city shall pursue anv non -compliances and
violations of this section or anv misdemeanor and lawful civil action or proceeding as deemed
necessary in compliance with Section 1-10 (General Denaltv. continuing_ violations) and Section
2-192 (Enforcement methods) of the Code of Ordinances.
Amendment 3: ARTICLE III. SPECIAL USE, SPECIAL EXCEPTION AND TEMPORARY USE
PERMITS
Sec. 54-2-3.2. Procedures and criteria for review of temporary uses.
A temporary use shall be allowed for transient merchants and special events as defined in section 54-5-22.2, and
held on privately -owned property e&4h-t4o of ti. aJc, 3"2td 2Vra6a,Aal
4
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pfoN,idea, hewever, that this_pfahibiiiafi ati 4i le ..F, ose -and- e atio .al ehieples shall iv iaelu,`e ,1',;,a.I4
upon issuance of a temporary use permit by the city manager or his designee, based upon compliance with all
applicable regulations of this chapter and other city regulations.
.(a) Illustrative enumeration., The following examples are intended to illustrate the types of temporary uses
and special events held on privately -owned property that require the issuance of a temporary use
permit, provided, however. this enumeration shall not be deemed or construed to be conclusive
limitin , or restrictive:
• Outdoor gnecial events and sales, includin>r sidewalk and parking lot sales
• Grand opening celebrations —Only one per business
• Business milestone celebrations
• Telmporary parkine lot sales
• Consiuunent or vendor sales
• Outdoor concerts, festivals and fairs, fundraisc> & and events that include animals
• Seasonal merchandise sales such as fireworks, Christmas tree lots, and pumpkin patches
• Outdoor relizious or ceremonial occasions
• Transient services rp glided from a mobile vehicle. i.e. medical services or pet vaccinations,
excludigg,mobile services provided by a non-profit omaanization
• Races, fishing tournaments or othgf competitive events
(alb) A temporary use permit will be issued if the t;allQa ;,,; �r., �:ded that all requirements and standards
are met:
(1) Maximum of six events per calendar year per host site. Permit applications may apply for one
cumulative TemDorary Use Permit covering all similar events being held throughout a specific
time period. However, the same Iimits on the number, tvpe and duration of these events still
apply.
(2) Only temporary j9aN4lierts structures may be erected and utilized for the operation. All facilities
used shall be self-contained and mobile or portable. No mobile homes or trailers that exceed 300
square feet in area may be utilized. Use of tents and canopies may be allowed. Shade canopies
smaller than 12xI2 without sides are approved for use. Lareer tents or canopies must have a
Flame Retardant or Resistant Certificate (tag or paperwork). Cooking under temporary structures
in probibited unless approved by the City of Sebastian Fire Marshal. The location and; size eiid
material of all tents/canopics- -fff
400 s must be approved by the City of Sebastian Fire Marshal. Further, all
tents/canopies should be located a minimum of four (4) feet apart. All temporary facilities
designed to be occupied by the public must be inspected by the fire marshal's office
after installation, and prior to occupancy.
(3) No utility connection shaII be permitted except for temporary electrical power which must be
approved by the building department.
(4)-If--tThe applicant ice—' must be the owner of the event location or provide written
authorization from the nronerty owner., a ea5h band in .he amoutit of$200 nn >1a11 1npe suh-., 4
to - the -sue Within seven days after a temporary use permit expiration, all items related to the
operation or event shall be removed from the site. The eity may use the eativ& AMPA44 -O€
4�Hnds to pay for- disposal of all related it g all the site days a
peFmit- . ;ns
71 of 128
-writing, rctum of the submitted fun . Permit apocants r.•ill. be _efiande the su'Xniit*r.:d rash
bond afneun"
a, T 3 :;ty'an --at used the fan.,. under- �h eenditions a. cd
b. The : 4e-is :tea: tad by the ait,,.. 4 _—ified that the 4e h. bee to top, n= a_1}}
t�xnp=r; a ., 43mh a beeft �d
K. In cay..K %vher3 the city-hac used the $200 nn ..,.s bendrar ;lnAup--e aff prsmiac mp
.=G1%1sl, as tcinpar-aFy iaee-pennitG--ahall-beamed to t
ed cash band dof-,.lt A-B-d F ulta t clean.,,. by thy, eit..
(5) Holders of temporary use permits for an activity shall not be required to obtain a business tax
receipt for that activity provided that no permanent modifications are made to the site to
accommodate re -occurring events. Permanent modifications will require a site plan application
and business tax receipt.
(6) No temporary use shall operate within a public right-of-way. Events reouestinp- road closures will
require a .certified Maintenance Of Traffic (MOT) elan and approval by City Council. No
operation within an easement shall be permitted unless specifically allowed by all parties having
interest in such easement.
(7) Location of event shall be on an improved lot within a lsoci-residenlialeeiiirrlereial or public
service district. Events held . ,;th; ,-�ub110 r&--6_c ,1istrict in a FeSide.;1tial Affeel shall be restfie4ed
t noncomPi1
(8) A maximum of 30% of the required on -site parking stalls of the host site may be utilized by the
temporary use. This percentage may be increased based on satisfactory documentation indicating
additional parking and/or transportation needs have been provided for the total impact of the
proposed event.
(9) eeneessions, ifteluding ftmd R%61ESMobile food establishments, as accessory to the
temporary use, ara prohib4ed-ufi4*w rrwidad by the hest - .must have a current state license
from the appropriate regulatory a.j�encv displaved and be in compliance with all Fire Safetv and.
Health Department. re>rulations._ In addition, alcohol sales accessory to the temporary use are
prohibited unless the host site holds a current alcohol Iicense.
(10) Temporary toilet facilities may be required by the applicant depending on location and size of the
event. Amount will be determined by the building official based on estimation of attendance of
the event.
(11) Applicant must provide, at his own expense, additional and/or special crowd control and security
if determined necessary by the police chief based on the size of the event.
(12) [Reserved.]
(13) Prior to city manager review, approval must be obtained from the police chief,-aftd4he building
director, and fire marshal. Approval or denial shall be based on items (1) through (11) above and
consideration shall be reviewed on the total magnitude of impact that may be detrimental to the
health, safety and general welfare of the community.
See. 54-2-3.3. - Time limits.
(a) Transient merchants of any seasonal sales merchandise such as Christmas tree and firework sales or
other similar use shall be in operation not more than 45 consecutive days per sale t on any given site.
(b) Transient merchants of any non -seasonal sales merchandise shall be in operation not more than ten
consecutive days per sale,leve>sf on any given site.
(c) Special events shall be in operation not more than seven consecutive days per event on any given
site.
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Sec. 54-2-3.4. - Application.
(a) Temporary use permits shall be obtained by furnishing a completed application for such permit to the
community development department and fire marshal. The following information as applicable shall be
provided:
(1) Application to be made by the owner or lessee of the host site.
(2) Location of site and the specific location for the requested use.
(3) Beginning and ending dates of the event.
(4) Hours of operation of the event.
(5) Name of individual in charge of the event.
(6) After hours emergency phone number for person responsible for event.
(7) A drawing showing dimensions of the site or an existing site plan for the host site including
location and dimensions of all existing driveways, entrances, exits, and parking spaces.
(8) A drawing depicting location and dimensions of all temporary pavilions, displays areas, sanitary
facilities, and concessions for the temporary use.
(9) Indicate how parking and traffic flow will be directed on to and within the event site.
(10) Estimation of maximum peak hour attendance of the event to determine sanitary needs, parking
and traffic impact.
(11) If existing parking spaces of a permanent use (such as a shopping plaza) are to be utilized by
patrons and employees of the temporary use event during normal operating hours, calculations shall
be submitted demonstrating that the event will not utilize more than 30% of the required parking stalls
of the existing host site. If usage does exceed 30% percent, documentation indicating additional
parking and/or transportation arrangements must be provided for the total impact of the proposed
event.
If the event is being held during non -operating hours for the host site, the 30% restriction may be
lifted upon demonstration that there will still be sufficient parking available for patrons of the
temporary event- And a Darking use agreement signed by the other tenants allows for temporary use of
the shared Darkine for the specified event.
(12) {Reser ed.jAll temporary use permit applications must be accompanied by a site plan for the
proposed use. This Dian shall be drawn in a legible manner and to an accurate scale. The Dian must
include the location of adiacent streets, relevant buildings or structures, parking, and other details
which may be necessary to evaluate the Droposed rcuuest. The Dian shall also clearly indicate the
location of equipment, materials or structure to be used in association wiLh the temporary use. Failure
to submit a site Dian may result in time delays or denial of the application.
(13) All applications must be made on the form prescribed by the city and submitted no later than 21
days prior to the scheduled event. Fees for temporary uses shall be established by resolution of the city
council. Applicants may include multiple similar events on one application. Applications submitted
less than 21 days before the scheduled event will be assessed a fee as established in the Resolution to
be used for expedited processing. Fees may not be waived for any application„ ty *- "4y
manager- upon a finding efgeed eau&c. Requests For special causes or circumstances may be presented
to the city manager for consideration.
(a) A copy of the application and all supporting documents will be forwarded to the police chief,
and th building official, and fire marshal for review and comments. All comments and
recoirnnendations will then be attached to the application and forwarded to the city manager or his
designee for approval or denial.
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(b) The application, with all the supporting documents, will be reviewed by the city manager, or
his designee. if app-ovcd by the eit , manarar, tl� apFlieA:i all ra, th1 S30"0 ea&h b 4
r✓.lui-x�d pdAff to the.:ss,.. nee of tk tainspciTfij sat If denied, applicant will be notified,
along with the reasons for denial. The police department and the fire marshals will be
notified on all approved requests for temporary use permits.
(e) Any decision of the city manager, or the city manager's designee, may be appealed to the city
council. Any appeal shall be filed within five days of the decision, and shall be presented to the
city council at its next available meeting.
Section 2. Severability. In the event a court of competent jurisdiction shall determine that any part of
this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed
that the City Council would have enacted the remainder of this Ordinance without said invalid provision,
thereby causing said remainder to remain in full force and effect.
Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith
are hereby repealed to the extent of such conflict.
Section 4. Codification. The sections of the ordinance shall be codified within part of the City
Land Development Code and may be renumbered or re -lettered to accomplish such, and the word
"ordinance" may be changed to "section," "division," or any other appropriate word.
Section S. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered and
corrections of typographical errors which do nof affect the intent may be authorized by the City Manager, or the
City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with
the City Cleric.
Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption
by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember . The
motion was seconded by Councilmember and, upon being put to a vote, the vote was as
follows:
Mayor Ed Dodd
Vice -Mayor Jim Hill
Councihnember Fred Jones
Councilmember Bob McPartlan
Councilmember Christopher Nunn
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
12021.
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ATTEST:
Jeanette Williams, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
Un
9
Ed Dodd, Mayor
Approved as to form and legality for
reliance by the City of Sebastian only:
Manny Anon, Jr., Esq.
City Attorney
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Florida Statute 509.102 Mobile food dispensing vehicles; preemption.
(1) As used in this section, the term "mobile food dispensing vehicle" means any vehicle that is a
public food service establishment and that is self-propelled or otherwise movable from place to place
and includes self-contained utilities, including, but not limited to, gas, water, electricity, or liquid
waste disposal.
(2) Regulation of mobile food dispensing vehicles involving licenses, registrations, permits, and fees
is preempted to the state. A municipality, county, or other local governmental entity may not require a
separate license, registration, or permit other than the license required under s. 509.241, or require
the payment of any license, registration, or permit fee other than the fee required under s. 509.251, as
a condition for the operation of a mobile food dispensing vehicle within the entity's jurisdiction. A
municipality, county, or other local governmental entity may not prohibit mobile food dispensing
vehicles from operating within the entirety of the entity's jurisdiction.
(3) This section may not be construed to affect a municipality, county, or other local governmental
entity's authority to regulate the operation of mobile food dispensing vehicles other than the
regulations described in subsection (2).
(4) This section does not apply to any port authority, aviation authority, airport, or seaport.
History.—s. 75, ch. 2020.160.
Added bu 2020 Fla. laws, chl60,s 75, effective 7/1 /2020
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SEAT"
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetina Date: April 14, 2021
Agenda Item Title: Chapter 46 Flood Ordinance
Recommendation: Pass on first reading. Schedule second reading and public hearing for May
12, 2021.
Background: Amending City Code of Ordinance Chapter 46 Floods as mandated by the
Florida Department of Emergency Management, FDEM; to add definitions for
Accessory Structure and Market Value, delete current definition for
Manufactured Home Park, to provide requirements to allow certain
Accessory Structures in Special Flood Hazard Areas and provide elevation
requirements for Manufactured Homes to be consistent with the Florida
Building Code.
If Aaenda Item Reauires Expenditure of Funds:
Budgeted Amount: NIA
Total Cost: NIA
Funds to Be Utilized for Appropriation: NIA
Attachments:
1. Ordinance 0-21-04
Administrative Services Department Revi w:
City Attorney Review:
Procurement Division Re iew, i apR1 cable:
City Manager Authorization:
Date:
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ORDINANCE NO. 0-21-04
AN ORDINANCE BY THE CITY OF SEBASTIAN, FLORIDA AMENDING
THE CODE OF ORDINANCES CHAPTER 46 FLOODS TO AMEND
DIVISION 1 — GENERALLY; TO ADD DIVISION 2 - DEFINITIONS FOR
ACCESSORY STRUCTURE, AND MARKET VALUE; TO DELETE DIVISION
2 - DEFINITION FOR MANUFACTURED HOME PARK; TO PROVIDE FOR
ACCESSORY STRUCTURES IN FLOOD HAZARD AREAS; SPECIFY
ELEVATION OF MANUFACTURED HOMES IN FLOOD HAZARD AREAS;
PROVIDING FOR APPLICABILITY AND SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SCRIVENERS ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes,
conferred upon local governments the authority to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry; and
WHEREAS, the City of Sebastian participates in the National Flood Insurance Program
(NFIP) and participates in the NFIP's Community Rating System, a voluntary incentive program
that recognizes and encourages community floodplain management activities that exceed the
minimum program requirements; and
WHEREAS, the City of Sebastian achieved a Community Rating System (CRS) rating of
Class 7 (CRS rating of Class 6 effective October 1, 2021), making citizens who purchase NFIP
flood insurance policies eligible for premium discounts; and
WHEREAS, in 2020 the NFIP CRS established certain minimum prerequisites for
communities to qualify for or maintain class ratings of Class 8 or better; and
WHEREAS, to satisfy the prerequisite and for the City of Sebastian to maintain the
current CRS rating, all manufactured homes installed or replaced in special flood hazard areas
must be elevated such that the lowest floors are at or above at least the base flood elevation
plus 1 foot, which necessitates modification of the existing requirements; and
WHEREAS, the City of Sebastian determined that it is in the public interest to amend the
floodplain management regulations to better protect owners and occupants of manufactured
homes and to continue participating in the Community Rating System at the current class rating;
and
WHEREAS, the Federal Emergency Management Agency (FEMA) released FEMA
Policy #104-008-03 Floodplain Management Requirements for Agricultural Structures and
Accessory structures; and
WHEREAS, the City of Sebastian has determined it appropriate to adopt regulations that
are consistent with the FEMA Policy to allow issuance of permits for wet flood proofed
accessory structures that are not larger than the sizes specified in the FEMA Policy.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Sebastian that
the Code of Ordinances Chapter 46 Floods is amended as set forth in the following
amendments, as shown in 6tF'kethFew9h and underline format in Section 2.
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SECTION 1. RECITALS.
The foregoing whereas clauses are incorporated herein by reference and made a part hereof.
SECTION 2. AMENDMENTS.
The Code of Ordinances Chapter 46 Floods is hereby amended by the following amendments:
ARTICLE II. - DEFINITIONS
DIVISION 1. - GENERALLY
Sec. 46-44. — Scope; terms defined in the Florida Buildinq Code; terms not defined.
Unless otherwise expressly stated, the following words and terms shall, for the purposes of this
chapter, have the meanings shown in this section. Where terms are not defined in this chapter
and are defined in the Florida Buildina Code, such terms shall have the meaninas ascribed to
them in the Florida Buildina Code. Where terms are not defined in this chanter or the Florida
Buildina Code. such terms shall have ordinarilv accepted meaninas such as the context implies.
Whets teFm= ere n ,
DIVISION 2. - DEFINITIONS
[Sec. 46-4546-.5. - Definitions.]
[The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:]
Accessory structure. A structure on the same parcel of property as a principal structure
and the use of which is incidental to the use of the principal structure. For floodplain
management purposes, the term includes onlv accessory structures used for Darkinq
and storage.
Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross -sectional area of the channel or the channel
capacity, or any other form of modification which may alter, impede, retard or change the
direction and/or velocity of the riverine flow of water during conditions of the base flood.
Appeal. A request for a review of the floodplain administrator's interpretation of any provision of
this chapter.
ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the
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Florida Building Code. ASCE 24 is developed and published by the American Society of Civil
Engineers, Reston, VA.
Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given year.
[Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the "100-
year flood" or the "1-percent-annual chance flood."
Base flood elevation. The elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section
1612.2.]
Basement. The portion of a building having its floor subgrade (below ground level) on all sides.
[Also defined in FBC, B, Section 1612.2.]
Coastal construction control line. The line established by the State of Florida pursuant to F.S. §
161.053, and recorded in the official records of the community, which defines that portion of the
beach -dune system subject to severe fluctuations based on a 100-year storm surge, storm
waves or other predictable weather conditions.
Coastal high hazard area. A special flood hazard area extending from offshore to the inland limit
of a primary frontal dune along an open coast and any other area subject to high velocity wave
action from storms or seismic sources. Coastal high hazard areas are also referred to as "high
hazard areas subject to high velocity wave action" or "V Zones" and are designated on Flood
Insurance Rate Maps (FIRM) as Zone V1—V30, VE, or V.
Design flood. The flood associated with the greater of the following two areas: [Also defined in
FBC, B, Section 1612.2.]
(1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or
(2) Area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
Design flood elevation. The elevation of the "design flood," including wave height, relative to the
datum specified on the community's legally designated flood hazard map. In areas designated
as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the
building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas
designated as Zone AO where the depth number is not specified on the map, the depth number
shall be taken as being equal to two feet. [Also defined in FBC, B, Section 1612.2.]
Development. Any man-made change to improved or unimproved real estate, including but not
limited to, buildings or other structures, tanks, temporary structures, temporary or permanent
storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling
operations or any other land disturbing activities.
Encroachment. The placement of fill, excavation, buildings, permanent structures or other
development into a flood hazard area which may impede or alter the flow capacity of riverine
flood hazard areas.
Existing building and existing structure. Any buildings and structures for which the "start of
construction" commenced before April 9, 1980. [Also defined in FBC, B, Section 1612.2.]
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at c
Federal Emergency Management Agency (FEMA). The federal agency that, in addition to
carrying out other functions, administers the National Flood Insurance Program.
Flood or flooding. A general and temporary condition of partial or complete inundation of
normally dry land from: [Also defined in FBC, B, Section 1612.2.]
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage -resistant materials. Any construction material capable of withstanding direct and
prolonged contact with floodwaters without sustaining any damage that requires more than
cosmetic repair. [Also defined in FBC, B, Section 1612.2.]
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section
1612.2.]
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any
year.
(2) The area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal
Emergency Management Agency has delineated both special flood hazard areas and the ri;>k
premium zones applicable to the community. [Also defined in FBC, B, Section 1612.2.]
Flood Insurance Study (FIS). The official report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and
Floodway Map (if applicable), the water surface elevations of the base flood, and supporting
technical data. [Also defined in FBC, B, Section 1612.2.]
Floodplain administrator. The office or position designated and charged with the administration
and enforcement of this chapter (may be referred to as the floodplain manager).
Floodplain development permit or approval. An official document or certificate issued by the
community, or other evidence of approval or concurrence, which authorizes performance of
specific development activities that are located in flood hazard areas and that are determined to
be compliant with this chapter.
Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot. [Also defined in FBC, B, Section 1612.2.1
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Floodway encroachment analysis. An engineering analysis of the impact that a proposed
encroachment into a floodway is expected to have on the floodway boundaries and base flood
elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using
standard engineering methods and models.
Florida Building Code. The family of codes adopted by the Florida Building Commission,
including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building
Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing;
Florida Building Code, Fuel Gas.
Functionally dependent use. A use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water, including only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers, and ship building and
ship repair facilities; the term does not include long-term storage or related manufacturing
facilities.
Highest adjacent grade. The highest natural elevation of the ground surface prior to construction
next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to the flood hazard
area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings.
Letter of Map Change (LOMC). An official determination issued by FEMA that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map
Change include:
(1) Letter of Map Amendment (LOMA): An amendment based on technical data showing
that a property was incorrectly included in a designated special flood hazard area. A
LOMA amends the current effective Flood Insurance Rate Map and establishes that a
specific property, portion of a property, or structure is not located in a special flood
hazard area.
(2) Letter of Map Revision (LOMR): A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
(3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or
parcel of land has been elevated by fill above the base flood elevation and is, therefore,
no longer located within the special flood hazard area. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with the
community's floodplain management regulations.
(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as -built documentation, a
Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
Light -duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds
Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or
less and which has a basic vehicle frontal area of 45 square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a
vehicle, or
82 of 128
(2) Designed primarily for transportation of persons and has a capacity of more than 12
persons; or
(3) Available with special features enabling off-street or off -highway operation and use.
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including
basement, but excluding any unfinished or flood -resistant enclosure, other than a basement,
usable solely for vehicle parking, building access or limited storage provided that such
enclosure is not built so as to render the structure in violation of the non -elevation requirements
of the -Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.]
Manufactured home. A structure, transportable in one or more sections, which is eight feet or
more in width and greater than 400 square feet, and which is built on a permanent, integral
chassis and is designed for use with or without a permanent foundation when attached to the
required utilities. The term "manufactured home" does not include a "recreational vehicle" or
"park trailer." [Also defined in 15C-1.0101, F.A.C.]
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
Market value. The value of buildinas and structures, excludina the land and other improvements
on the parcel. Market value is the Actual Cash Value (like -kind replacement cost depreciated
for aae, wear and tear. nealect. and aualitv of construction) determined by a aualified
independent appraiser. or tax assessment value adiusted to approximate market value by a
factor provided by the Property Appraiser.
bA_hUeen a willing buyer And- �;a iAxYII*R9 Se'19F, ReitheF paFty being URd9F G9FAPUl6'GR te buy 9F 6911
New construction. For the purposes of administration of this chapter and the flood resistant
construction requirements of the Florida Building Code, structures for which the "start of
construction" commenced on or after April 9, 1980 and includes any subsequent improvements
to such structures.
Park trailer. A transportable unit which has a body width not exceeding 14 feet and which is built
on a single chassis and is designed to provide seasonal or temporary living quarters when
connected to utilities necessary for operation of installed fixtures and appliances. [Defined in
section 320.01, F.S.]
Recreational vehicle. A vehicle, including a park trailer, which is: [Defined in F.S. § 320.01(b).]
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light -duty truck; and
83 of 128
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
Special flood hazard area. An area in the floodplain subject to a 1-percent or greater chance of
flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO,
Al—A30, AE, A99, AH, V1—V30, VE or V. [Also defined in FBC, B, Section 1612.2.]
Start of construction. The date of issuance of permits for new construction and substantial
improvements, provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement is within 180 days of the date of the issuance. The
actual start of construction means either the first placement of permanent construction of a
building (including a manufactured home) on a site, such as the pouring of slab or footings, the
installation of piles, or the construction of columns. Permanent construction does not include
land preparation (such as clearing, grading, or filling), the installation of streets or walkways,
excavation for a basement, footings, piers, or foundations, the erection of temporary forms or
the installation of accessory buildings such as garages or sheds not occupied as dwelling units
or not part of the main buildings. For a substantial improvement, the actual "start of
construction" means the first alteration of any wall, ceiling, floor or other structural part of a
building, whether or not that alteration affects the external dimensions of the building. [Also
defined in FBC, B, Section 1612.2.]
Substantial damage. Damage of any origin sustained by a building or structure whereby the cost
of restoring the building or structure to its before -damaged condition would equal or exceed 50
percent of the market value of the building or structure before the damage occurred. [Also
defined in FBC, B, Section 1612.2.]
Substantial improvement. Any repair, reconstruction, rehabilitation, alteration, addition, or other
improvement of a building or structure, the cost of which equals or exceeds 50 percent of the
market value of the building or structure before the improvement or repair is started. If the
structure has incurred "substantial damage," any repairs are considered substantial
improvement regardless of the actual repair work performed. The term does not, however,
include either: [Also defined in FBC, B, Section 1612.2.]
(1) Any project for improvement of a building required to correct existing health, sanitary, or
safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
Variance. A grant of relief from the requirements of this chapter, or the flood resistant
construction requirements of the Florida Building Code, which permits construction in a manner
that would not otherwise be permitted by this chapter or the Florida Building Code.
Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or
over which water flows at least periodically.
ARTICLE III. - FLOOD RESISTANT DEVELOPMENT
DIVISION 1. - BUILDINGS AND STRUCTURES
84 of 128
Sec. 46-4647. - Design and construction of buildings, structures and facilities exempt from the
Florida Building Code.
Pursuant to section 46-23(1) of this chapter, buildings, structures, and facilities that are exempt
from the Florida Building Code, including substantial improvement or repair of substantial
damage of such buildings, structures and facilities, shall be designed and constructed in
accordance with the flood load and flood resistant construction requirements of ASCE 24.
Structures exempt from the Florida Building Code that are not walled and roofed buildings shall
comply with the requirements of Article III, Division 7 of this chapter.
Sec. 46-4749. - Buildings and structures seaward of the coastal construction control line.
If extending, in whole or in part, seaward of the coastal construction control line and also
located, in whole or in part, in a flood hazard area:
(1) Buildings and structures shall be designed and constructed to comply with the more
restrictive applicable requirements of the Florida Building Code, Building, Section 3109
and Section 1612 or Florida Building Code, Residential, Section R322.
(2) Minor structures and non -habitable major structures as defined in § 161.54, F.S., shall
be designed and constructed to comply with the intent and applicable provisions of this
chapter and ASCE 24.
Sec. 46-48. - Accessory structures are Dermitted below the base flood elevation Drovided the
accessory structures are used only for Darkina or storaae and:
(1) If located in soecial flood hazard areas (Zone A/AE) other than coastal hiah
hazard areas. are one-story and not laraer than 600 sa. ft. and have flood Weninas
in accordance with Section R322.2 of the Florida Buildina Code. Residential.
(2) If located in coastal hiah hazard areas (Zone VNE). are not located below
elevated buildinas and are not laraer than 100 sa. ft.
(3) Are anchored to resist flotation. collapse or lateral movement resultina from flood
loads.
(4) Have flood damaae-resistant materials used below the base flood elevation plus
one (1) foot.
(5) Have mechanical. Dlumbina and electrical systems, includina Dlumbina fixtures.
elevated to or above the base flood elevation plus one (1) foot.
DIVISION 4. - MANUFACTURED HOMES
Sec. 46-57. - General.
All manufactured homes installed in flood hazard areas shall be installed by an installer that is
licensed pursuant to F.S. § 320.8249 and shall comply with the requirements of Chapter 15C-1,
F.A.C. and the requirements of this chapter. If located seaward of the coastal construction
control line, all manufactured homes shall comply with the more restrictive of the applicable
requirements.
Sec. 46-58. - Foundations.
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All new manufactured homes and replacement manufactured homes installed in flood hazard
areas shall be installed on permanent, reinforced foundations that:
(1) In flood hazards areas (Zone A) other than coastal high hazard areas, are designed in
accordance with the foundation requirements of the Florida Building Code, Residential,
Section R322.2 and this chapter.
(2) In coastal high hazard areas (Zone V), are designed in accordance with the foundation
requirements of the Florida Building Code, Residential, Section R322.3 and this chapter.
(3) If subject to section 46-60(2), foundations are permitted to be reinforced piers or other
foundation elements of at least equivalent strength.
Sec. 46-59. - Anchoring.
All new manufactured homes and replacement manufactured homes shall be installed using
methods and practices which minimize flood damage and shall be securely anchored to an
adequately anchored foundation system to resist flotation, collapse or lateral movement.
Methods of anchoring include, but are not limited to, use of over -the -top or frame ties to ground
anchors. This anchoring requirement is in addition to applicable state and local anchoring
requirements for wind resistance.
Sec. 46-60. - Elevation.
All manufactured homes that are placed. replaced, or substantially improved in flood hazard
areas shall be elevated such that the bottom of the frame is at or above the elevation required,
as applicable to the flood hazard area. in the Florida Buildina Code. Residential Section R322.2
(Zone A) or Section R322.3 (Zone V and Coastal A Zone).
of -phis Ghapter, GII Yr
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Code, Residential, 89GtOGR R322.2 (Zone A) eF R-Aeratoen R-2222.3 (ZeRe V).
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substantial damage as Fesult of fie �hcco E-A
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86 of 128
Sec. 46-61. - Enclosures.
Enclosed areas below elevated manufactured homes shall comply with the requirements of the
Florida Building Code, Residential, Section R322 for such enclosed areas, as applicable to the
flood hazard area.
Sec. 46-62. - Utility equipment.
Utility equipment that serves manufactured homes, including electric, heating, ventilation,
plumbing, and air conditioning equipment and other service facilities, shall comply with the
requirements of the Florida Building Code, Residential, Section R322.2 or R322.3, as applicable
to the flood hazard area.
SECTION 3. APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance
shall apply in the City of Sebastian. This ordinance shall apply to all applications for
development, including building permit applications and subdivision proposals, submitted on or
after the effective date of this ordinance.
SECTION 4. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the
Sebastian City Council that the provisions of this ordinance shall become and be made a part of
the City of Sebastian's Code of Ordinances, and that the sections of this ordinance may be
renumbered or relettered and the word "ordinance" may be changed to "section, "article,"
"regulation," or such other appropriate word or phrase in order to accomplish such intentions.
SECTION 5. SEVERABILITY. In the event a court of competent jurisdiction shall determine
that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected
and it shall be presumed that the City Council of the City of Sebastian did not intend to enact
such invalid provision. It shall further be assumed that the City Council would have enacted the
remainder of this Ordinance without said invalid provision, thereby causing said remainder to
remain in full force and effect.
SECTION 6. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 7. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re -
lettered and corrections of typographical errors which do not affect the intent may be authorized
by the City Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected or re -codified copy of same with the City Clerk.
SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City
Council.
The foregoing Ordinance was moved for adoption by Councilmember The
motion was seconded by Councilmember and, upon being put to a vote,
the vote was as follows :
Mayor Ed Dodd
Vice -mayor Jim Hill
Councilmember Christopher Nunn
Councilmember Fred Jones
Councilmember Bob McPartlan
87 of 128
The Mayor, thereupon declared this Ordinance duly passed and adopted on this day
of April 2021.
CITY OF SEBASTIAN, FLORIDA
By:
ATTEST:
Jeanette Williams, City Clerk
Ed Dodd, Mayor
Approved as to form and legality for
Reliance by the City of Sebastian only:
Manny Anon, City Attorney
1-M L'f
SEAT_"
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetina Date: April 14, 2021
Aaenda Item Title: Chapter 26 Buildings and Building Regulations Ordinance
Recommendation: Pass on first reading. Schedule second reading and public hearing for May
12, 2021.
Backqround: An Ordinance to amend Chapter 26 Buildings and Building Regulations to
provide an updated version to the Florida Building Code Chapter 1
Administration by adopting the Building Officials Association of Florida model
Chapter I Administrative Code for the 2020 7"' edition of the Florida Building
Code. To amend the requirements to reactivate a Contractors Certificate of
Competency that has expired more than three years.
If Aaenda Item Requires Expenditure of Funds:
Budgeted Amount: NIA
Total Cost: NIA
Funds to Be Utilized for Appropriation: NIA
Attachments:
1. Ordinance 0-21-05
2. Building Officials Association of Florida Model Chapter 1 Administrative Code
Administrative Services Departme Revie
City Attorney Review: �
Procurement Division Review, if app "able: A�/fl
City Manager/Authorization
Date: yi
Rio
89 of 128
ORDINANCE NO 0-21-05
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY OF
SEBASTIAN CODE OF ORDINANCE CHAPTER 26 BUILDINGS AND BUILDING
REGUALTIONS; AMENDING ARTICLE II. — BUILDING CODE SECTION 26-31. —
TECHNICAL CODES ADOPTED; AMENDING ARTICLE VI. — CONTRACTORS
DIVISION 1. - GENERALLY SECTION 26-168. - RENEWAL OF CERTIFICATE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING
FOR CONFLICTS; PROVIDING FOR SCRIVENERS ERRORS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on December 31, 2021 the 2020 71h Edition of the Florida Building Code
came into effect which allows local adoption of Chapter 1 Administrative Code; and
WHEREAS, The Building Officials Association of Florida provides a model Chapter 1
Administrative Code to be used by jurisdictions to provide consistency throughout the state;
and
WHEREAS, The City of Sebastian Construction Board has reviewed the model
Chapter 1 Administrative Code and has unanimous recommendation for approval to City
Council from 3/9/2021; and
WHEREAS, The City of Sebastian Construction Board has requested that Section 26-
168 be amended to provide an alternate method to re -activate an inactive Certificate of
Competency that includes an approval by the Construction Board; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Section 26-31 (a) (1) is hereby amended to incorporate the 2020 71h Edition of the
Model Administrative Code as follows:
ARTICLE II. - BUILDING CODE
Sec. 26-31. - Technical codes adopted.
(a) The City does hereby adopt as building codes for the City the below -listed editions, copies of
which are on file in the office of the building department and which shall be accessible to the
public upon request during the normal business hours
went. Such codes, which shall be referred to as the standard codes, are hereby made
a part of the Code of Ordinances of the City subject only to specific additions, deletions or
amendments set out in the Code of Ordinances, provided, however, the latest editions set
forth in the Florida Statutes, as the same may be amended from time to time, shall apply:
90 of 128
(1) Florida Building Code, less and except Chapter 1, Administration; and Chapter 1, Model
Administrative Code 20182020, Building Officials Association of Florida.
(2) NFPA 70: National Electrical Code
(3) Florida Fire Prevention Code.
(4) Unsafe Structures Abatement Code of the City of Sebastian.
For purposes of determining compliance with the Florida Building Code, the City adopts the
following design strength wind speeds for risk categories I —IV as set forth in section 1609 and
figures 1609 A, B, C. Specifically shown in "Indian River County Ultimate Design Wind Speeds
Map" available at the building department.
Risk Category l: 150 mph.
Risk Category ll: 160 mph.
Risk Category 111 and /V. 170 mph.
(b) Future editions of the standard codes shall be reviewed by the building official and shall be
presented to the City Council for consideration of adoption and incorporation herein within
90 days of publication thereof.
(c) No construction shall be done within the city limits except in accordance with the standard
codes listed in this section, as amended and/or expanded by the applicable provisions of
this Code.
(d) The Construction Board established pursuant to section 26-191 of the City Code of
Ordinances shall serve as the board of appeals to hear and decide appeals of orders,
decisions or determinations by the building official relative to the application and
interpretation of the this code and the standard codes adopted by the City.
Section 2. Section 26-168 (c) is hereby amended to provide a process to reinstate a Certificate
of Competency that has been inoperative for over three years as follows:
ARTICLE VI. — CONTRACTORS
DIVISION 1. — GENERALLY
Sec. 26-168. - Renewal of certificate.
(a) Certificates shall expire annually at midnight at the end of the fiscal year of the City.
(b) Failure to renew the certificate during the last month of the fiscal year of the City shall cause;
the certificate to become inoperative, and it shall be unlawful from the beginning of the
following fiscal year of the City for any persons to engage or offer to engage or hold himself
out as engaging in contracting under a certificate unless the certificate is restored or
reissued.
(c) A certificate which is inoperative because of failure to renew shall be restored on payment of
the proper renewal fee. A penalty fee of ten percent shall be assessed if not renewed
within 15 days from the date of expiration. A penalty of 20 percent shall be assessed if
renewed within 180 days from the date of expiration. If the application for restoration is not
made within the 180-day period but before the next fiscal year of the City, the fee for
91 of 128
restoration shall be equal to the original application fee plus penalty. If the application for
restoration is not made before the beginning of the next fiscal year of the City, the fee for
restoration shall be double the original renewal fee and in addition the Board may require
reexamination of the applicant. A certificate which is not renewed within three full year's
after expiration may not be renewed, restored or reinstated thereafter except tyF
for the followinq: The applicant must show qood cause for
the delav in the renewal of the certificate. Dav a restoration fee which is double the renewal
fee for each vear unpaid. must be aDDroved by the Construction Board and. at its discretion,
may require the reexamination of the applicant.
(d) A person who holds a valid certificate from the Board may go on inactive status during which
time he shall not engage in contracting but may retain his certificate on an inactive basis on
payment of an annual renewal fee during the inactive period, as established by resolution of
the City Council. An inactive certificate can be activated only by application to and approval
of the Board, on the proper forms.
Section 3. SEVERABILITY . In the event a court of competent jurisdiction shall determine that
any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it
shall be presumed that the City Council of the City of Sebastian did not intend to enact such
invalid provision. It shall further be assumed that the City Council would have enacted the
remainder of this Ordinance without said invalid provision, thereby causing said remainder to
remain in full force and effect.
Section 4. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the Sebastian
City Council that the provisions of this ordinance shall become and be made a part of the City of
Sebastian's Code of Ordinances, and that the sections of this ordinance may be renumbered or
relettered and the word "ordinance" may be changed to "section," "article," "regulation," or such
other appropriate word or phrase in order to accomplish such intentions.
Section 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 6. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re -
lettered and corrections of typographical errors which do not affect the intent may be authorized
by the City Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected or re -codified copy of same with the City Clerk.
Section 7. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City
Council.
The foregoing Ordinance was moved for adoption by Councilmember The
motion was seconded by Councilmember and, upon being put to a vote,
the vote was as follows:
Mayor Ed Dodd
Vice -mayor Jim Hill
Councilmember Christopher Nunn
Councilmember Fred Jones
Councilmember Bob McPartlan
92 of 128
The Mayor thereupon declared this Ordinance duly passed and adopted on this day of
April 2021.
ATTEST:
Jeanette Williams, City Clerk
CITY OF SEBASTIAN, FLORIDA
In
Ed Dodd, Mayor
Approved as to form and legality for
Reliance by the City of Sebastian
only:
Manny Anon, City Attorney
93 of 128
SCOPE AND ADMINISTRATION
The Building Officials Association of Florida is proud to present this model document for use by its members as a
tool to facilitate the uniform and consistent application of local amendments to the administrative provisions of
the Florida Building Code. Every effort has been made to present the amendments in mandatory language format.
The language that is shaded represents those text revisions approved by the BOAF Board of Directors.
Copyright Notice
ALL RIGHTS RESERVED. The BOAF Model Administrative Code contains substantial material owned and
copyrighted by International Code Council. The ICC has granted a non-exclusive license to the Florida Department
of Business and Professional Regulation to make the Florida Building Code available. This material is made
available through the BOAF web site in order that members may have a tool for the integration of administrative
provisions from the Florida Building Code and the 2018 International Building Code.
Reproduction and use of those portions of the code containing ICC copyrighted material is limited by agreement
with the State of Florida. Reproduction and distribution of ICC copyrighted material by private individuals,
including, without limitation, electronic, optical, mechanical or any other means whatsoever, is expressly
prohibited without the express written consent of ICC.
TRADEMARKS. "ICC' and the "ICC" logo are trademarks of the International Code Council, Incorporated.
BOAF Model Administrative Chapter 1 FBC 7ch Edition (2029}-G#aj2$2
SCOPE AND ADMINISTRATION
CHAPTER 1
SCOPE AND ADMINISTRATION
PART 1—SCOPE AND APPLICATION
SECTION 101
GENERAL
[A] 101.1 Title. These regulations shall be known as
the Florida Building Code, hereinafter referred to as
"thiscode."
[A] 101.2 Scope. The provisions of this code shall
apply to the construction, alteration, relocation,
enlargement, replacement, repair, equipment, use
and occupancy, location, maintenance, removal and
demolition of every building or structure or any
appurtenances connected or attached to such
buildings or structures.
Exceptions:
1. Detached one -and two-family dwellings and
multiple single-family dwellings (townhouses)
not more than three stories above grade plane
in height with separate means of egress, and
their accessory structures not more than three
stories above grade plane in height, shall
comply with the Florida Building Code,
Residential.
2. Code requirements that address snow loads
and earthquake protection are pervasive; they
are left in place but shall not be utilized or
enforced because Florida has no snow load or
earthquake threat.
[A] 101.2.1 Appendices. Provisions in the
appendices shall not apply unless specifically
adopted.
101.2.2 Florida Building Code, Residential
Construction standards or practices which are not
covered by Florida. Building Code, Residential
volume.shall be in accordance with the provisions of
Florida Building Code, Building.
[A] 101.3 Intent. The purpose of this code is to
establish the minimum requirements to provide a
reasonable level of safety, public health and general
welfare through structural strength, means of
egress facilities, stability, sanitation, adequate light
and ventilation, energy conservation, and safetyto
life and property from fire and other hazards
attributed to the built environment and to provide a
reasonable level of safety to fire fighters and
emergency responders during emergency
operations.
101.3.1 Quality control. Quality control of
materials and workmanship is not within the
purview of this code except as it relates to the
purposes stated herein.
101.3.2 Warranty and Liability. The permitting,
plan review or inspection of any building, system or
plan by this jurisdiction, under the requirements of
this code, shall not be construed in any court as a
warranty of the physical condition of such building,
system or plan or their adequacy. This jurisdiction
shall not be liable in tort for damages or hazardous
or illegal condition or inadequacy in such building,
system or plan, nor for any failure of any
component of such, which may occur subsequent to
such inspection or permitting.
[A] 101.4 Referenced codes. The other codes listed
in Sections 101.4.1 through 101.4.9 and referenced
elsewhere in this code shall be considered part of
the requirements of this code to the prescribed
extent of each such reference.
[A] 101.4.1 Gas. The provisions of the Florida
Building Code, Fuel Gas shall apply to the installation
of gas piping from the point of delivery, gas
appliances and related accessories as covered in
this code. These requirements apply to gas piping
systems extending from the point of delivery to the
inlet connections of appliances and the installation
and operation of residential and commercial gas
appliances and related accessories.
[A] 101.4.2 Mechanical. The provisions of the
Florida Building Code, Mechanical shall apply to the
installation, alterations, repairs and replacement of
mechanical systems, including equipment,
appliances, fixtures, fittings and/or appurtenances,
including ventilating, heating, cooling, air-
conditioning and refrigeration systems, incinerators
and other energy related systems.
[A] 101.4.3 Plumbing. The provisions of the Florida
Building Code, Plumbing shall apply to the
installation, alteration, repair and replacement of
plumbing systems, including equipment, appliances,
fixtures, fittings and appurtenances, and where
connected to a water or sewage system and all
aspects of a medical gas system.
BOAF Model Administrative Chapter 1 FBC 7th Edition (202K-(FfaJ,2P3
SCOPE AND ADMINISTRATION
[A] 101.4.4 Property maintenance. The provisions
of the City of Sebastian Unsafe Structures
Abatement Code shall apply to existing structures
and premises; equipment and facilities; light,
ventilation, space heating, sanitation, life and fire
safety hazards; responsibilities of owners, operators
and occupants; and occupancy of existing premises
and structures.
[A] 101.4.5 Fire prevention. For provisions related
to fire prevention, refer to the Florida Fire
Prevention Code. The Florida Fire Prevention Code
shall apply to matters affecting or relating to
structures, processes and premises from the hazard
of fire and explosion arising from the storage,
handling or use of structures, materials or devices;
from conditions hazardous to life, property or public
welfare in the occupancy of structures or premises;
and from the construction, extension, repair,
alteration or removal of fire suppression, automatic
sprinkler systems and alarm systems or fire hazards
in the structure or on the premises from occupancy
or operation.
[A] 101.4.6 Energy. The provisions of the Florida
Building Code, Energy Conservation shall apply to all
matters governing the design and construction of
buildings for energy efficiency.
[A] 101.4.7 Existing buildings. The provisions of the
Florida Building Code, Existing Building shall apply
to matters governing the repair, alteration, change
of occupancy, addition to and relocation of existing
buildings.
101.4.8 Accessibility. For provisions related to
accessibility, refer to the Florida Building Code,
Accessibility.
101.4.9 Manufactured buildings. For additional
administrative and special code requirements, see
Section 458, Florida Building Code, Building, and
Rule 61-41 F.A.C.
SECTION 102
APPLICABILITY
[A] 102.1 General. Where there is a conflict
between a general requirement and a specific
requirement, the specific requirement shall be
applicable. Where, in any specific case, different
sections of this code specify different materials,
methods of construction or other requirements, the
most restrictive shall govern.
102.1.1 The Florida Building Code does not apply to,
and no code enforcement action shall be brought
with respect to, zoning requirements, land use
requirements and owner specifications or
programmatic requirements which do not pertain
to and govern the design, construction, erection,
alteration, modification, repair or demolition of
public or private buildings, structures or facilities or
to programmatic requirements that do not pertain
to enforcement of the Florida Building Code.
Additionally, a local code enforcement agency may
not administer or enforce the Florida Building Code,
Building to prevent the siting of any publicly owned
facility, including, but not limited to, correctional
facilities, juvenile justice facilities, or state
universities, community colleges, or public
education facilities, as provided by law.
102.2 Building. The provisions of the Florida
Building Code shall apply to the construction,
erection, alteration, modification, repair,
equipment, use and occupancy, location,
maintenance, removal and demolition of every
public and private building, structure or facility or
floating residential structure, or any appurtenances
connected or attached to such buildings, structures
or facilities. Additions, alterations, repairs and
changes of use or occupancy group in all buildings
and structures shall comply with the provisions
provided in the Florida Building Code, Existing
Building. The following buildings, structures and
facilities are exempt from the Florida Building Code
as provided by law, and any further exemptions
shall be as determined by the legislature and
provided by law:
(a) Building and structures specifically regulated
and preempted by the federal government.
(b) Railroads and ancillary facilities associated
with the railroad.
(c) Nonresidential farm buildings on farms.
(d) Temporary buildings or sheds used exclusively
for construction purposes.
(e) Mobile or modular structures used as
temporary offices, except that the provisions
of Part II (Sections 553.501-553.513, Florida
Statutes) relating to accessibility by persons
with disabilities shall apply to such mobile or
modular structures. Permits shall be required
for structural support and tie -down, electric
supply and all other such utility connections to
such mobile or modular structures as required
by this jurisdiction.
(f) Those structures or facilities of electric
utilities, as defined in Section 366.02, Florida
Statutes, whichare directly involved in the
generation, transmission, or distribution of
electricity.
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(g) Temporary sets, assemblies, or structures used
in commercial motion picture or television
production, or any sound -recording equipment
used in such production, on or off the premises.
(h) Chickees constructed by the Miccosukee Tribe
of Indians of Florida or the Seminole Tribe of
Florida. As used in this paragraph, the term
"chickee" means an open -sided wooden but
that has a thatched roof of palm or palmetto or
other traditional materials, and that does not
incorporate any electrical, plumbing, or other
nonwood features.
(i) Family mausoleums not exceeding 250 square
feet (23 m2) in area which are prefabricated and
assembled on site or preassembled and
delivered on site and have walls, roofs, and a
floor constructed of granite, marble, or
reinforced concrete.
(j) Temporary housing provided by the
Department of Corrections to any prisoner in
the state correctional system.
(k) A building or structure having less than 1,000
square feet (93 m2) which is constructed and
owned by a natural person for hunting and
which is repaired or reconstructed to the same
dimension and condition as existed on January
1, 2011, if the building or structure:
1. Is not rented or leased or used as a
principal residence;
2. Is not located within the 100-year flood
plain according to the Federal Emergency
Management Agency's current Flood
Insurance Rate Map; and
3. Is not connected to an off -site electric
power or water supply.
102.2.1 In addition to the requirements of Sections
553.79 and 553.80, Florida Statutes, facilities
subject to the provisions of Chapter 395, Florida
Statutes, and Part II of Chapter 400, Florida
Statutes, shall have facility plans reviewed and
construction surveyed by the state agency
authorized to do so under the requirements of
Chapter 395, Florida Statutes, and Part II of Chapter
400, Florida Statutes, and the certification
requirements of the federal government.
102.2.2 Residential buildings or structures moved
into or within a county or municipality shall not be
required to be brought into compliance with the
state minimum building code in force at the time
the building or structure is moved, provided:
1. The building or structure is structurally sound
and in occupiable condition for its intended
use;
2. The occupancy use classification for the
building or structure is not changed as a result
of the move;
3. The building is not substantially remodeled;
4. Current fire code requirements for ingress and
egress are met;
5. Electrical, gas and plumbing systems meet the
codes in force at the time of construction and
are operational and safe for reconnection; and
6. Foundation plans are sealed by a professional
engineer or architect licensed to practice in this
state, if required by the Florida Building Code,
Building for all residential buildings or
structures of the same occupancy class.
102.2.3 The building official shall apply the same
standard to a moved residential building or
structure as that applied to the remodeling of any
comparable residential building or structure to
determine whether the moved structure is
substantially remodeled. The cost of the foundation
on which the moved building or structure is placed
shall not be included in the cost of remodeling for
purposes of determining whether a moved building
or structure has been substantially remodeled.
102.2.4 This section does not apply to the
jurisdiction and authority of the Department of
Agriculture and Consumer Services to inspect
amusement rides or the Department of Financial
Services to inspect state-owned buildings and
boilers.
102.2.5 Each enforcement district shall be governed
by a board, the composition of which shall be
determined by the affected localities.
1. At its own option, each enforcement district or
local enforcement agency may adopt rules
granting to the owner of a single-family
residence one or more exemptions from the
Florida Building Code relating to:
a. Addition, alteration, or repairs performed
by the property owner upon his or her own
property, provided any addition or
alteration shall not exceed 1,000 square
feet (93 mZ) or the square footage of the
primary structure, whichever is less.
b. Addition, alteration, or repairs by a
nonowner within a specific cost limitation
set by rule, provided the total cost shall not
exceed $5,000 within any 12-month
period.
c. Building and inspection fees.
2. However, the exemptions under subparagraph
1 do not apply to single-family residences that
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are located in mapped flood hazard areas, as
defined in the code, unless the enforcement
district or local enforcement agency has
determined that the work, which is otherwise
exempt, does not constitute a substantial
improvement, including the repair of
substantial damage, of such single-family
residences.
Each code exemption, as defined in sub -
subparagraphs la, 1b, and 1c shall be certified
to the local board 10 days prior to
implementation and shall only be effective in
the territorial jurisdiction of the enforcement
district or local enforcement agency
implementing it.
102.2.6 This section does not apply to swings and
other playground equipment accessory to a one- or
two-family dwelling.
Exception: Electrical service to such playground
equipment shall be in accordance with Chapter 27
of this code.
[A] 102.3 Application of references. References to
chapter or section numbers, or to provisions not
specifically identified by number, shall be construed
to refer to such chapter, section or provision of this
code.
[A] 102.4 Referenced codes and standards. The
codes and standards referenced in this code shall be
considered part of the requirements of this code to
the prescribed extent of each such reference and
as further regulated in Sections 102.4.1 and
102.4.2.
[A] 102.4.1 Conflicts. Where conflicts occur
between provisions of this code and referenced
codes and standards, the provisions of this code
shall apply.
[A] 102.4.2 Provisions in referenced codes and
standards. Where the extent of the reference to a
referenced code or standard includes subject
matter that is within the scope of this code or the
Florida Codes listed in Section 101.4, the provisions
of this code or the Florida Codes listed in Section
101.4, as applicable, shall take precedence over the
provisions in the referenced code or standard.
[A] 102.5 Partial invalidity. In the event that any
part or provision of this code is held to be illegal or
void, this shall not have the effect of making void or
illegal any of the other parts or provisions.
[A] 102.6 Existing structures. The legal occupancy
of any structure existing on the date of adoption of
this code shall be permitted to continue without
change, except as otherwise specifically provided in
this code, the Florida Building Code, Existing
Building, City of Sebastian Unsafe Structures
Abatement Code or the Florida Fire Prevention
Code.
[A] 102.6.1 Buildings not previously occupied. A
building or portion of a building that has not been
previously occupied or used for its intended
purpose in accordance with the laws in existence at
the time of its completion shall comply with the
provisions of the Florida Building Code, Building or
Florida Building Code, Residential, as applicable, for
new construction or with any current permit for
such occupancy.
[A] 102.6.2 Buildings previously occupied. The legal
occupancy of any building existing on the date of
adoption of this code shall be permitted to continue
without change, except as otherwise specifically
provided in this code, the Florida Fire Prevention
Code, the City of Sebastian Unsafe Structures
Abatement Code or as is deemed necessary by the
building official for the general safety and welfare of
the occupants and the public.
102.7 Relocation of manufactured buildings.
(1) Relocation of an existing manufactured building
does not constitute an alteration.
(2) A relocated building shall comply with wind
speed requirements of the new location, using
the appropriate wind speed map. If the existing
building wasmanufactu red in compliance with
the Standard Building Code (prior to March 1,
2002), the wind speed mapof the Standard
Building Code shall be applicable. If the existing
building was manufactured in compliance with
the Florida Building Code (after March 1, 2002),
the wind speed map of the Florida Building
Code shall be applicable.
(3) A relocated building shall comply with the flood
hazard area requirements of the new location,
if applicable.
102.8 Existing mechanical equipment. An agency or
local government may not require that existing
mechanical equipment located on or above the
surface of a roof be installed in compliance with the
requirements of the Florida Building Code except
during reroofing when the equipment is being
replaced or moved and is not in compliance with
the provisions of the Florida Building Code relating
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to roof -mounted mechanical units.
PART 2—ADMINISTRATION AND ENFORCEMENT
SECTION 103
DEPARTMENT OF BUILDING SAFETY
103.1 Creation of enforcement agency. The
Department of Building Safety is hereby created and
the official in charge thereof shall be known as the
building official.
103.2 Appointment. The building official shall be
appointed by the chief appointing authority of the
jurisdiction.
103.3 Deputies. In accordance with the prescribed
procedures of this jurisdiction and with the
concurrence of the appointing authority, the
building official shall have the authority to appoint a
deputy building official, the related technical
officers, inspectors, plan examiners and other
employees. Such employees shall have powers as
delegated by the building official.
For the maintenance of existing properties, see the
City of Sebastian Unsafe Structures Abatement
Code.
SECTION 104
DUTIES AND POWERS OF BUILDING OFFICIAL
[A] 104.1 General. The building official is hereby
authorized and directed to enforce the provisions of
this code. The building official shall have the
authority to render interpretations of this code and
to adopt policies and procedures in order to clarify
the application of its provisions. Such
interpretations, policies and procedures shall be in
compliance with the intent and purpose of this
code. Such policies and procedures shall not have
the effect of waiving requirements specifically
provided for in this code.
[A] 104.2 Applications and permits. The building
official shall receive applications, review
construction documents and issue permits for the
erection, and alteration, demolition and moving of
buildings and structures, inspect the premises for
which such permits have been issued and enforce
compliance with the provisions of this code.
104.2.1 Determination of substantially improved or
substantially damaged existing buildings and
structures in flood hazard areas. For applications
for reconstruction, rehabilitation, repair, alteration,
addition or other improvement of existing buildings
or structures located in flood hazard areas, the
building official shall determine if the proposed
work constitutes substantial improvement or repair
of substantial damage. Where the building official
determines that the proposed work constitutes
substantial improvement or repair of substantial
damage, and where required by this code, the
building official shall require the building to meet
the requirements of Section 1612 or R322 of the
Florida Building Code, Residential, as applicable.
[A] 104.3 Notices and orders. The building official
shall issue all necessary notices or orders to ensure
compliance with this code.
(A] 104.4 Inspections. The building official shall
make all of the required inspections, or the building
official shall have the authority to accept reports of
inspection by approved agencies or individuals.
Reports of such inspections shall be in writing and
be certified by a responsible officer of such
approved agency or by the responsible individual.
The building official is authorized to engage such
expert opinion as deemed necessary to report upon
unusual technical issues that arise, subject to the
approval of the appointing authority.
[A] 104.5 Identification. The building official shall
carry proper identification when inspecting
structures or premises in the performance of duties
under this code.
[A] 104.6 Right of entry. Where it is necessary to
make an inspection to enforce the provisions of this
code, or where the building official has reasonable
cause to believe that there exists in a structure or
upon a premises a condition which is contrary to or
in violation of this code which makes the structure
or premises unsafe, dangerous or hazardous, the
building official is authorized to enter the structure
or premises at reasonable times to inspect or to
perform the duties imposed by this code, provided
that if such structure or premises be occupied that
credentials be presented to the occupant and entry
requested. If such structure or premises is
unoccupied, the building official shall first make a
reasonable effort to locate the owner or other
person having charge or control of the structure or
premises and request entry. If entry is refused, the
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building official shall have recourse to the remedies
provided by law to secure entry.
[A] 104.7 Department records. The building official
shall keep official records of applications received,
permits and certificates issued, fees collected,
reports of inspections, and notices and orders
issued. Such records shall be retained in the official
records for the period required for retention of
public records per FS 119.
104.8 Liability. The building official, member of the
board of appeals or employee charged with the
enforcement of this code, while acting for the
jurisdiction in good faith and without malice in the
discharge of the duties required by this code or
other pertinent law or ordinance, shall not thereby
be civilly or criminally rendered'liable personally
and is hereby relieved from personal liability for any
damage accruing to persons or property as a result
of any act or by reason of an act or omission in the
discharge of official duties. Any suit instituted
against an officer or employee because of an act
performed by that officer or employee in the lawful
discharge of duties and under the provisions of this
code shall be defended by legal representative of
the jurisdiction until the final termination of the
proceedings. The building official or any
subordinate shall not be liable for cost in any action,
suit or proceeding that is instituted in pursuance of
the provisions of this code.
[A] 104.8.1 Legal defense. Any suit or criminal
complaint instituted against an officer or employee
because of an act performed by that officer or
employee in the lawful discharge of duties and
under the provisions of this code shall be defended
by legal representatives of the jurisdiction until the
final termination of the proceedings. The building
official or any subordinate shall not be liable for
cost in any action, suit or proceeding that is
instituted in pursuance of the provisions of this
code.
[A] 104.9 Approved materials and equipment.
Materials, equipment and devices approved by the
building official shall be constructed and installed in
accordance with such approval.
[A] 104.9.1 Used materials and equipment. The use
of used materials that meet the requirements of
this code for new materials is permitted. Used
equipment and devices shall not be reused unless
approved by the building official.
[A] 104.10 Modifications. Wherever there are
practical difficulties involved in carrying out the
provisions of this code, the building official shall
have the authority to grant modifications for
individual cases, upon application of the owner or
owner's representative, provided the building
official shall first find that special individual reason
makes the strict letter of this code impractical and
the modification is in compliance with the intent
and purpose of this code and that such modification
does not lessen health, accessibility, life and fire
safety, or structural requirements. The details of
action granting modifications shall be recorded and
entered in the files of the department of building
safety.
104.10.1 Flood hazard areas. The building official
shall coordinate with the floodplain administrator
to review requests submitted to the building official
that seek approval to modify the strict application
of the flood resistant construction requirements of
the Florida Building Code to determine whether
such requests require the granting of a variance
pursuant to Section 117.
[A] 104.11 Alternative materials, design and
methods of construction and equipment. The
provisions of this code are not intended to prevent
the installation of any material or to prohibit any
design or method of construction not specifically
prescribed by this code, provided that any such
alternative has been approved. An alternative
material, design or method of construction shall be
approved where the building official finds that the
proposed design is satisfactory and complies with
the intent of the provisions of this code, and that
the material, method or work offered is, for the
purpose intended, not less than the equivalent of
that prescribed in this code in quality, strength,
effectiveness, fire resistance, durability and safety.
Where the alternative material, design or method
of construction is not approved, the building official
shall respond in writing, stating the reasons why the
alternative was not approved.
[A] 104.11.1 Research reports. Supporting data,
where necessary to assist in the approval of
materials or assemblies not specifically provided for
in this code, shall consist of valid research reports
from approved sources.
[A] 104.11.2 Tests. Whenever there is insufficient
evidence of compliance with the provisions of this
code, or evidence that a material or method does
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not conform to the requirements of this code, or in
order to substantiate claims for alternative
materials or methods, the building official shall have
the authority to require tests asevidence of
compliance to be made at no expense to the
jurisdiction. Test methods shall be as specified in
this code or by other recognized test standards. In
the absence of recognized and accepted test
methods, the building official shall approve the
testing procedures. Tests shall be performed by an
approved agency. Reports of such tests shall be
retained by the building official for the period
required for retention of public records.
104.12 Requirements not covered by code. Any
requirements necessary for strength, stability or
proper operation of an existing or proposed
building, structure, electrical, gas, mechanical or
plumbing system, or for the public safety, health
and general welfare, not specifically covered by this
or other technical codes, shall be determined by the
building official.
SECTION 105
PERMITS
[A] 105.1 Required. Any owner or owner's
authorized agent who intends to construct, enlarge,
alter, repair, move, demolish or change the
occupancy of a building or structure, or to erect,
install, enlarge, alter, repair, remove, convert or
replace any impact -resistant coverings, electrical,
gas, mechanical or plumbing system, the installation
of which is regulated by this code, or to cause any
such work to be performed, shall first make
application to the building official and obtain the
required permit.
[A] 105.1.1 Annual facility permit. In lieu of an
individual permit for each alteration to an existing
electrical, gas, mechanical, plumbing or interior
nonstructural office system(s), the building official is
authorized to issue an annual permit for any
occupancy to facilitate routine or emergency
service, repair, refurbishing, minor renovations of
service systems or manufacturing equipment
installations/relocations. The building official shall
be notified of major changes and shall retain the
right to make inspections at the facility site as
deemed necessary. An annual facility permit shall
be assessed with an annual fee and shall be valid for
one year from date of issuance. A separate permit
shall be obtained for each facility and for each
construction trade, as applicable. The permit
application shall contain a general description of the
parameters of work intended to be performed
during the year.
[A] 105.1.2 Annual Facility permit records. The
person to whom an annual permit is issued shall
keep a detailed record of alterations made under
such annual permit. The building official shall have
access to such records at all times or such records
shall be filed with the building official as designated.
105.1.3 Food permit. In accordance with Section
500.12, Florida Statutes, a food permit from the
Department of Agriculture and Consumer Services is
required of any person who operates a food
establishment or retail store.
105.1.4 Public swimming pool. The local enforcing
agency may not issue a building permit to construct,
develop, or modify a public swimming pool without
proof of application, whether complete or
incomplete, for an operating permit pursuant to
Section 514.031, Florida Statutes. A certificate of
completion or occupancy may not be issued until
such operating permit is issued. The local enforcing
agency shall conduct their review of the building
permit application upon filing and in accordance
with Chapter 553, Florida Statutes. The local
enforcing agency may confer with the Department
of Health, if necessary, but may not delay the
building permit application review while awaiting
comment from the Department of Health.
[A] 105.2 Work exempt from permit. Exemptions
from permit requirements of this code shall not be
deemed to grant authorization for any work to be
done in any manner in violation of the provisions of
this code or any other laws or ordinances of this
jurisdiction, to include work in any special flood
hazard area. Exemptions granted under this section
do not relieve the owner or contractor from their
duty to comply with applicable provisions of the
Florida Building Code, and requirements of the local
floodplain management ordinance. Permits shall not
be required for the following:
Building:
1.
2.
3.
4.
5. Water tanks supported directly on grade if the
capacity does not exceed 5,000 gallons (18 925
L) and the ratio of height to diameter or width
does not exceed 2:1.
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6.
7. Painting, papering, tiling, carpeting, cabinets,
counter tops and similar finish work.
8. Temporary motion picture, television and
theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a
Group R-3 occupancy that are less than 24
inches (610 mm) deep, do not exceed 5,000
gallons (18 925 L) and are installed entirely
above ground.
10. Shade cloth structures constructed for nursery
or agricultural purposes, not including service
systems.
11. Swings and other playground equipment
accessory to detached one- and two-family
dwellings.
Q.
13. Non fixed and movable fixtures, cases, racks,
counters and partitions not over 5 feet 9 inches
(1753 mm) in height.
Electrical:
Repairs and maintenance: Minor repair work,
including the replacement of lamps or the
connection of approved portable electrical
equipment to approved permanently installed
receptacles.
Radio and television transmitting stations: The
provisions of this code shall not apply to electrical
equipment used for radio and television
transmissions, but do apply to equipment and
wiring for a power supply and the installations of
towers and antennas.
Temporary testing systems: A permit shall not be
required for the installation of any temporary
system required for the testing or servicing of
electrical equipment or apparatus.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not
alter approval of equipment or make such
equipment unsafe.
Mechanical:
Portable heating appliance.
Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any
heating or cooling equipment regulated by this
code.
5. Replacement of any part that does not alter its
approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing
10 pounds (4.54 kg) or less of refrigerant and
actuated by motors of 1 horsepower (0.75 kW)
or less.
8. The installation, replacement, removal or
metering of any load management control
device.
Plumbing:
1. The stopping of leaks in drains, water, soil,
waste or vent pipe, provided, however, that if
any concealed trap, drain pipe, water, soil,
waste or vent pipe becomes defective and it
becomes necessary to remove and replace the
same with new material, such work shall be
considered as new work and a permit shall be
obtained and inspection made as pro- vided in
this code.
2. The clearing of stoppages or the repairing of
leaks in pipes, valves or fixtures and the
removal and reinstallation of water closets,
provided such repairs do not involve or
require the replacement or rearrangement
of valves, pipes or fixtures.
[A] 105.2.1 Emergency repairs. Where equipment
replacements and repairs must be performed in an
emergency situation, the permit application shall be
submitted within the next working business day to
the building official.
[A] 105.2.2 Minor repairs. Ordinary minor repairs
may be made with the approval of the building
official without a permit, provided the repairs do
not include the cutting away of any wall, partition
or portion thereof, the removal or cutting of any
structural beam or load -bearing support, or the
removal or change of any required means of egress,
or rearrangement of parts of a structure affecting
the egress requirements; nor shall ordinary repairs
include addition to, alteration of, replacement or
relocation of any standpipe, water supply, sewer,
drainage, drain leader, gas, soil, waste, vent or
similar piping, electric wiring systems or mechanical
equipment or other work affecting public health or
general safety, and such repairs shall not violate any
of the provisions of the technical codes.
[A] 105.2.3 Public service agencies. A permit shall
not be required for the installation, alteration or
repair of generation, transmission, distribution or
metering or other related equipment that is under
the ownership and control of public service
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agencies by established right.
[A] 105.3 Application for permit. To obtain a
permit, the applicant shall first file an application
therefor in writing on form furnished by the
building department for that purpose.
Permit application forms shall be in the format
prescribed by a local administrative board, if
applicable, and must comply with the requirements
of Sections 713.135(5) and (6), Florida Statutes.
Each application shall be inscribed with the date of
application, and the code in effect as of that date.
For a building permit for which an application is
submitted prior to the effective date of the Florida
Building Code, the state minimum building code in
effect in the permitting jurisdiction on the date of
the application governs the permitted work for the
life of the permit and any extension granted to the
permit.
Effective October 1, 2017, a local enforcement
agency shall post each type of building permit
application on its website. Completed applications
must be able to be submitted electronically to the
appropriate building department. Accepted
methods of electronic submission include, but are
not limited to, e-mail submission of applications in
portable document format or submission of
applications through an electronic fill-in form
available on the building department's website or
through a third -party submission management
software. Payments, attachments, or drawings
required as part of the application may be
submitted in person ina nonelectronic format, at
the discretion of the building official.
[A] 105.3.1 Action on application. The building
official shall examine or cause to be examined
applications for permits and amendments thereto
within a reasonable time after filing. If the
application or the construction documents do not
conform to the requirements of pertinent laws, the
building official shall reject such application in
writing, stating the reasons therefor. If the building
official is satisfied that the proposed work conforms
to the requirements of this code and laws and
ordinances applicable thereto, the building official
shall issue a permit therefor as soon as practicable.
When authorized through contractual agreement
with a school board, in acting on applications for
permits, the building official shall give first priority
to any applications for the construction of, or
addition or renovation to, any school or educational
facility.
105.3.1.1 If a state university, Florida college or
public school district elects to use a local
government's code enforcement offices, fees
charged by counties and municipalities for
enforcement of the Florida Building Code on
buildings, structures, and facilities of state
universities, state colleges, and public school
districts shall not be more than the actual labor and
administrative costs incurred for plans review and
inspections to ensure compliance with the code.
105.3.1.2 No permit may be issued for any building
construction, erection, alteration, modification,
repair, or addition unless the applicant for such
permit provides to the enforcing agency which
issues the permit any of the following documents
which apply to the construction for which the permit
is to be issued and which shall be prepared by or
under the direction of an engineer registered under
Chapter 471, Florida Statutes:
i . Plumbing documents for any new building or
addition which requires a plumbing system with
more than 250 fixture units or which costs
more than $125,000.
2. Fire sprinkler documents for any new building
or addition which includes a fire sprinkler
system which contains 50 or more sprinkler
heads. Personnel as authorized by chapter 633
Florida Statutes, may design a fire sprinkler
system of 49 or fewer heads and may design
the alteration of an existing fire sprinkler
system if the alteration consists of the
relocation, addition or deletion of not more
than 49 heads, notwithstanding the size of the
existing fire sprinkler system.
3. Heating, ventilation, and air-conditioning
documents for any new building or addition
which requires more than a 15-ton-per-system
capacity which is designed to accommodate
100 or more persons or for which the system
costs more than $125,000. This paragraph does
not include any document for the replacement
or repair of an existing system in which the
work does not require altering a structural part
of the building or for work on a residential one-,
two-, three-, or four -family structure.
An air-conditioning system may be designed by
an installing air-conditioning contractor
certified under Chapter 489, Florida Statutes, to
serve any building or addition which is designed
to accommodate fewer than 100 persons and
requires an air-conditioning system with a value
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of $125,000 or less; and when a 15-ton-per
system or less is designed for a singular space
of a building and each 15-ton system or less has
an independent duct system. Systems not
complying with the above require design
documents that are to be sealed by a
professional engineer.
Example 1: When a space has two 10-ton
systems with each having an independent duct
system, the contractor may design these two
systems since each unit (system) is less than 15
tons.
Example 2: Consider a small single -story office
building which consists of six individual offices
where each office has a single three -ton
package air conditioning heat pump. The six
heat pumps are connected to a single water
cooling tower. The cost of the entire heating,
ventilation and air-conditioning work is $47,000
and the office building accommodates fewer
than 100 persons. Because the six mechanical
units are connected to a common water tower,
this is considered to be an 18-ton system.
Note: It was further clarified by the
Commission that the limiting criteria of 100
persons and $125,000 apply to the building
occupancy load and the cost for the total air-
conditioning system of the building.
4. Any specialized mechanical, electrical, or
plumbing document for any new building or
addition which includes a medical gas, oxygen,
steam, vacuum, toxic air filtration, halon, or fire
detection and alarm system which costs more
than $5,000.
5. Electrical documents. See Florida Statutes
471.003(2)(h). Any electrical or plumbing or air-
conditioning and refrigeration system meeting
the following thresholds are required to be
designed by a Florida Registered Engineer. The
system, Requires an.electrical system with a
value of over $125,000; and Requires an
aggregate service capacity of over 600 amperes
(240 volts) on a residential electrical system or
over 800 amperes (240 volts) on a commercial
or industrial electrical system;
NOTE: It was further clarified by the
Commission that the limiting factor of 240 volt
or over is required to be designed by an
Engineer. Documents requiring an engineer
seal by this part shall not be valid unless a
professional engineer who possesses a valid
certificate of registration has signed, dated, and
stamped such document as provided in Section
471.025, Florida Statutes.
6. All public swimming pools and public bathing
places defined by and regulated under Chapter
514, Florida Statutes.
[A] 105.3.2 Time limitation of application. An
application for a permit for any proposed work shall
be deemed to have been abandoned becoming null
and void 180 days after the date of filing, unless
such application has been pursued in good faith or a
permit has been issued; except that the building
official is authorized to grant one or more
extensions of time for additional periods not
exceeding 90 days each. The extension shall be
requested in writing and justifiable cause
demonstrated.
105.3.3 An enforcing authority may not issue a
building permit for any building construction,
erection, alteration, modification, repair or addition
unless the permit either includes on its face or there
is attached to the permit the following statement:
"NOTICE: In addition to the requirements of this
permit, there may be additional restrictions
applicable to this property that may be found in the
public records of this county, and there may be
additional permits required from other
governmental entities such as water management
districts, state agencies, or federal agencies."
105.3.4 A building permit for a single-family
residential dwelling must be issued within 30
working days of application therefor unless unusual
circumstances require a longer time for processing
the application or unless the permit application fails
to satisfy the Florida Building Code or the enforcing
agency's laws or ordinances.
105.3.5 Identification of minimum premium policy.
Except as otherwise provided in Chapter 440,
Florida Statutes, Workers' Compensation, every
employer shall, as a condition to receiving a building
permit, show proof that it has secured
compensation for its employees as provided in
Sections 440.10 and 440.38, Florida Statutes.
105.3.6 Asbestos removal. Moving, removal or
disposal of asbestos -containing materials on a
residential building where the owner occupies the
building, the building is not for sale or lease, and the
work is performed according to the owner -builder
limitations provided in this paragraph. To qualify for
exemption under this paragraph, an owner must
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personally appear and sign the building permit
application. The permitting agency shall provide the
person with a disclosure statement in substantially
the following form:
Disclosure Statement: State law requires asbestos
abatement to be done by licensed contractors. You
have applied for a permit under an exemption to
that law. The exemption allows you, as the owner of
your property, to act as your own asbestos
abatement contractor even though you do not have
a license. You must supervise the construction
yourself. You may move, remove or dispose of
asbestos -containing materials on a residential
building where you occupy the building and the
building is not for sale or lease, or the building is a
farm outbuilding on your property. If you sell or
lease such building within 1 year after the asbestos
abatement is complete, the law will presume that
you intended to sell or lease the property at the
time the work was done, which is a violation of this
exemption. You may not hire an unlicensed person
as your contractor. Your work must be done
according to all local, state and federal laws and
regulations which apply to asbestos abatement
projects. It is your responsibility to make sure that
people employed by you have licenses required by
state law and by county or municipal licensing
ordinances.
105.3.7 Applicable Code for Manufactured
Buildings. Manufacturers should be permitted to
complete all buildings designed and approved prior
to the effective date of a new code edition,
provided a clear signed contract is in place. The
contract shall provide specific data mirroring that
required by an application for permit, specifically,
without limitation, date of execution, building
owner or dealer, and anticipated date of
completion. However, the construction activity
must commence within 6 months of the contract's
execution. The contract is subject to verification by
the Department of Business and Professional
Regulation.
105.4 Conditions of the permit. The issuance or
granting of a permit shall not be construed to be a
permit for, or an approval of, any violation of any of
the provisions of this code or of any other
ordinance of the jurisdiction. Permits presuming to
give authority to violate or cancel the provisions of
this code or other ordinances of the jurisdiction
shall not be valid. The issuance of a permit based on
construction documents and other data shall not
prevent the building official from requiring the
correction of errors in the construction`' documents
and other data. The building officiol is also
authorized to prevent occupancy or use of a
structure where in violation of this code or of any
other ordinance of this jurisdiction.
105.4.1 Permit intent. A permit issued shall be
construed to be a license to proceed with the work
and not as authority to violate, cancel, alter or set
aside any of the provisions of the technical codes,
nor shall issuance of a permit prevent the building
official from thereafter requiring a correction of
errors in plans, construction or violations of this
code. Every permit issued shall become invalid
unless the work authorized by such permit is
commenced within 6 months after its issuance, or if
the work authorized by such permit is suspended or
abandoned for a period of 6 months after the time
the work is commenced.
105.4.1.1 If work has commenced and the permit is
revoked, becomes null and void, or expires because
of lack of progress or abandonment, a new permit
covering the proposed construction shall be
obtained before proceeding with the work.
105.4.1.2 If a new permit is not obtained within 180
days from the date the initial permit became null
and void, the building official is authorized to
require that any work which has been commenced
or completed be removed from the building site.
Alternately, a new permit may be issued on
application, providing the work in place and
required to complete the structure meets all
applicable regulations in effect at the time the initial
permit became null and void and any regulations
which may have become effective between the date
of expiration and the date of issuance of the new
permit.
105.4.1.3 Work shall be considered to be in active
progress when the permit has received an approved
inspection within 180 days. This provision shall not
be applicable in case of civil commotion or strike or
when the building work is halted due directly to
judicial injunction, order or similar process.
105.4.1.4 The fee for renewal reissuance and
extension of a permit shall be set forth by the
administrative authority.
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105.5 Expiration. Every permit issued shall become
invalid unless the work on the site authorized by
such permit is commenced within 180 days after its
issuance, or if the work authorized on the site by
such permit holder and property owner shall be
responsible to either complete all work in
accordance with the permitted plans and inspection
or remove any partially completed work in a safe
and code compliant manner. The building official is
authorized to grant, in writing, one or more
extensions of time, for periods not more than 180
days each. The extension shall be requested in
writing and justifiable cause demonstrated as
determined by the building official.
105.5.1 Additional options for closing a permit.
Pursuant to Section 553.79(15), Florida Statutes, a
property owner, regardless of whether the property
owner is the one listed on the application for the
building permit, may close a building permit by
complying with the following requirements:
1. The property owner may retain the original
contractor listed on the permit or hire a
different contractor appropriately licensed in
this state to perform the work necessary to
satisfy the conditions of the permit and to
obtain any necessary inspection in order to
close the permit. If a contractor other than the
original contractor listed on the permit is hired
by the property owner to close the permit, such
contractor is not liable for any defects in the
work performed by the original contractor and
is only liable for the work that he or she
performs.
2. The property owner may assume the role of an
owner- builder, in accordance with Sections
489.103(7) and 489.503(6), Florida Statutes.
3. If a building permit is expired and its
requirements have been substantially
completed, as determined by the local
enforcement agency, the permit may be closed
without having to obtain a new building permit,
and the work required to close the permit may
be done pursuant to the building code in effect
at the time the local enforcement agency
received the application for the permit, unless
the contractor has sought and received
approval from the local enforcement agency for
an alternative material, design or method of
construction.
4. A local enforcement agency may close a
building permit 6 years after the issuance of the
permit, even in the absence of a final
inspection, if the local enforcement agency
determines that no apparent safety hazard
exists.
For purposes of this section, the term "close"
means that the requirements of the permit
have been satisfied.
105.5.2 For the purposes of this subsection, a closed
permit shall mean a permit for which all
requirements for completion have been satisfied or
a permit that has been administratively closed by
the building official.
105.5.3 For the purposes of this subsection, an open
permit shall mean a permit that has not satisfied all
requirements for completion as defined in
105.5.1.1.
[A] 105.6 Denial or revocation. Whenever a permit
required under this section is denied or revoked
because the plan, or the construction, erection,
alteration, modification, repair, or demolition of a
building, is found by the local enforcing agency to
be not in compliance with the Florida Building Code,
the local enforcing agency shall identify the specific
plan or project features that do not comply with the
applicable codes, identify the specific code chapters
and sections upon which the finding is based, and
provide this information to the permit applicant. If
the local building code administrator or inspector
finds that the plans are not in compliance with the
Florida Building Code, the local building code
administrator or inspector shall identify the specific
plan featuresthat do not comply with the applicable
codes, identify the specific code chapters and
sections upon which the finding is based, and
provide this information to the local enforcing
agency. The local enforcing agency shall provide this
information to the permit applicant.
105.6.1 Pursuant to Section 553.79(16), Florida
Statutes, a local enforcement agency may not deny
issuance of a building permit to; issue a notice of
violation to; or fine, penalize, sanction or assess
fees against an arm's-length purchaser of a property
for value solely because a building permit applied
for by a previous owner of the property was not
closed. The local enforcement agency shall maintain
all rights and remedies against the property owner
and contractor listed on the permit.
105.6.2 Pursuant to Section 553 79(16), Florida
Statutes, a local enforcement agency may not deny
issuance of a buildingpermit to a contractor solely
because the contractor is listed on other building
permits that were not closed. A local enforcement
agency has the authority to deny a new permit
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application from an applicant for other reasons. near the water heater or electric panel.
[A] 105.7 Placement of permit. The building permit
or copy shall be kept on the site of the work until
the completion of the project.
105.8 Notice of commencement. In accordance
with Section 713.135, Florida Statutes, when any
person applies for a building permit the authority
issuing such permit shall print on the face of each
permit card in no less than 14-point, capitalized,
boldfaced type: "WARNING TO OWNER: YOUR
FAILURE TO RECORD A NOTICE OF
COMMENCEMENT MAY RESULT IN YOUR
PAYING TWICE FOR IMPROVEMENTS TO YOUR
PROPERTY. A NOTICE OF COMMENCEMENT
MUST BE RECORDED AND POSTED ON THE JOB
SITE BEFORE THE FIRST INSPECTION. IF YOU
INTEND TO OBTAIN FINANCING, CONSULT
WITH YOUR LENDER OR AN ATTORNEY BEFORE
RECORDING YOUR NOTICE OF
COMMENCEMENT."
105.9 Asbestos. The enforcing agency shall require
each building permit for the demolition or
renovation of an existing structure to contain an
asbestos notification statement which indicates the
owner's or operator's responsibility to comply with
the provisions of Section 469.003, Florida Statutes,
and to notify the Department of Environmental
Protection of his or her intentions to remove
asbestos, when applicable, in accordance with state
and federal law.
105.1 Certificate of protective treatment for
prevention of termites. A weather -resistant job -site
posting board shall be provided to receive duplicate
treatment certificates aseach required protective
treatment is completed, providing a copy for the
person the permit is issued to and another copy for
the building permit files. The treatment certificate
shall provide the product used, identity of the
applicator, time and date of the treatment, site
location, area treated, chemical used, percent
concentration and number of gallons used, to
establish a verifiable record of protective
treatment. If the soil chemical barrier method for
termite prevention is used, final exterior treatment
shall be completed prior to final building approval.
105.11 Notice of termite protection. A permanent
sign which identifies the termite treatment provider
and need for reinspection and treatment contract
renewal shall be provided. The sign shall be posted
105.12 Work starting before permit issuance. Upon
approval of the building official, the scope of work
delineated in the building permit application and
plan may be started prior to the final approval and
issuance of the permit, provided any work
completed is entirely at risk of the permit applicant
and the work does not proceed past the first
required inspection.
105.13 Phased permit approval. After submittal of
the appropriate construction documents, the
building official is authorized to issue a permit for
the construction of foundations or any other part of
a building or structure before the construction
documents for the whole building or structure have
been submitted. The holder of such permit for the
foundation or other parts of a building or structure
shall proceed at the holder's own risk with the
building operation and without assurance that a
permit for the entire structure will be granted.
Corrections may be required to meet the
requirements of the technical codes.
105.14 Permit issued on basis of an affidavit.
Whenever a permit is issued in reliance upon an
affidavit or whenever the work to be covered by a
permit involves installation under conditions which,
in the opinion of the building official, are hazardous
or complex, the building official shall require that
the architect or engineer who signed the affidavit or
prepared the drawings or computations shall
supervise such work. In addition, they shall be
responsible for conformity to the permit, provide
copies of inspection reports as inspections are
performed, and upon completion make and file with
the building official written affidavit that the work
has been done in conformity to the reviewed plans
and with the structural provisions of the technical
codes. In the event such architect or engineer is not
available, the owner shall employ in his stead a
competent person or agency whose qualifications
are reviewed by the building official. The building
official shall ensure that any person conducting
plans review is qualified as a plans examiner under
Part XII of Chapter 468, Florida Statutes, and that
any person conducting inspections is qualified as a
building inspector under Part XII of Chapter 468,
Florida Statutes.
Exception: Permit issued on basis of an affidavit
shall not extend to the flood load and flood
resistance requirements of the Florida Building
code.
105.15 Opening protection. When any activity
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requiring a building permit, not including roof
covering replacement or repair work associated
with the prevention of degradation of the
residence, that is applied for on or after July 1,
2008, and for which the estimated cost is $50,000
or more for a site built single-family detached
residential structure that is located in the wind-
borne debris region as defined in this code and that
has an insured value of $750,000 or more, or, if the
site built single-family detached residential
structure is uninsured or for which documentation
of insured value is not presented, has a just
valuation for the structure for purposes of ad
valorem taxation of $750,000 or more; opening
protections as required within this code or Florida
Building Code, Residential for new construction shall
be provided.
Exception: Where defined wind-borne debris
regions have not changed, single family
residential structures permitted subject to the
Florida Building Code are not required to comply
with this section.
105.16 Inspection of existing residential building
not impacted by construction.
(a) A local enforcing agency, and any local building
code administrator, inspector, or other official
or entity, may not require as a condition of
issuance of a one- or two-family residential
building permit the inspection of any portion of
a building, structure, or real property that is not
directly impacted by the construction, erection,
alteration, modification, repair, or demolition
of the building, structure, or real property for
which the permit is sought.
(b) This subsection does not apply to a building
permit sought for:
1. A substantial improvement as defined in s.
161.54, Florida Statutes or as defined in
the Florida Building Code.
2. A change of occupancy as defined in the
Florida Building Code.
3. A conversion from residential to
nonresidential or mixed use pursuant to s.
553.507(2)(a), Florida Statutes or as
defined in the Florida Building Code.
4. A historic building as defined in the Florida
Building Code.
(c) This subsection does not prohibit a local
enforcing agency, or any local building code
administrator, inspector, or other official or
entity, from:
1. Citing any violation inadvertently observed
in plain view during the ordinary course of
an inspection conducted in accordance
with the prohibition in paragraph (a).
2. Inspecting a physically nonadjacent portion
of a building, structure, or real property
that is directly impacted by the
construction, erection, alteration,
modification, repair, or demolition of the
building, structure, or real property for
which the permit is sought in accordance
with the prohibition in paragraph (a).
3. Inspecting any portion of a building,
structure, or real property for which the
owner or other person having control of
the building, structure, or real property has
voluntarily consented to the inspection of
that portion of the building, structure, or
real property in accordance with the
prohibition in paragraph (a).
4. Inspecting any portion of a building,
structure, or real property pursuant to an
inspection warrant issued in accordance
with ss. 933.20-933.30, Florida Statutes.
105.17 Streamlined low -voltage alarm system
installation permitting.
(1) As used in this section, the term:
(a) "Contractor" means a person who is
qualified to engage in the business of
electrical or alarm system contracting
pursuant to a certificate or registration
issued by the department under Part II of
Chapter 489, Florida Statutes.
(b) "Low -voltage alarm system project"
means a project related to the
installation, maintenance, inspection,
replacement, or service of a new or
existing alarm system, as defined in s.
489.505, Florida Statutes, that is
hardwired and operating at low voltage,
as defined in the National ElectricolCode
Standard 70, Current Edition, or a new or
existing low -voltage electric fence, and
ancillary components or equipment
attached to such a system, or fence,
including, but not limited to, home -
automation equipment, thermostats,
closed-circuit television systems, access
controls, battery recharging devices, and
video cameras.
(c) "Low -voltage electric fence" means an
alarm system, as defined in s. 489.505,
that consists of a fence structure and an
energizer powered by a commercial
storage battery not exceeding 12 volts
which produces an electric charge upon
contact with the fence structure.
(d) "Wireless alarm system" means a burglar
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alarm system of smoke detector that is
not hardwired.
(2) Notwithstanding any provision of this code,
this section applies to all low -voltage alarm
system projects for which a permit is required
by a local enforcement agency. However, a
permit is not required to install, maintain,
inspect, replace, or service a wireless alarm
system, including any ancillary components or
equipment attached to the system.
(3) A low -voltage electric fence must meet all of
the following requirements to be permitted as
a low -voltage alarm system project and no
further permit shall be required for the low -
voltage alarm system project other than as
provided in this section:
(a) The electric charge produced by the fence
upon contact must not exceed energizer
characteristics set forth in paragraph
22.108 and depicted in Figure 102 of
International Electrotechnical Commission
Standard No. 60335-2-76, Current Edition.
(b) A nonelectric fence or wall must
completely enclose the low -voltage
electric fence. The low- voltage electric
fence may be up to 2 feet higher than the
perimeter nonelectric fence or wall.
(c) The low -voltage electric fence must be
identified using warning signs attached to
the fence at intervals of not more than 60
feet.
(d) The low -voltage electric fence shall not be
installed in an area zoned exclusively for
single- family or multi -family residential
use.
(e) The low -voltage electric fence shall not
enclose the portions of a property which
are used for residential purposes.
(4) This section does not apply to the installation
or replacement of a fire alarm if a plan review
is required.
(5) A local enforcement agency shall make
uniform basic permit labels available for
purchase by a contractor to be used for the
installation or replacement of a new or existing
alarm system at a cost as indicated in s.
553.793, Florida Statutes. The local
enforcement agency may not require the
payment of anyadditional fees, charges, or
expenses associated with the installation or
replacement of a new or existing alarm.
(a) A local enforcement agency may not
require a contractor, as a condition of
purchasing a label, to submit information
other than identification information of
the licensee and proof of registration or
certification as a contractor.
(b) A label is valid for 1 year after the date of
purchase and may only be used within the
jurisdiction of the local enforcement
agency that issued the label. A contractor
may purchase labels in bulkfor one or
more unspecified current or future
projects.
(6) A contractor shall post an unused uniform
basic permit label in a conspicuous place on
the premises of the low -voltage alarm system
project site before commencing work on the
project.
(7) A contractor is not required to notify the local
enforcement agency before commencing work
on a low -voltage alarm system project.
However, a contractor must submit a Uniform
Notice of a Low -Voltage Alarm System Project
as provided under subsection (7) to the local
enforcement agency within 14 days after
completing the project. A local enforcement
agency may take disciplinary action against a
contractor who fails to timely submit a
Uniform Notice of a Low -Voltage Alarm
System Project.
(8) The Uniform Notice of a Low -Voltage Alarm
System Project may be submitted
electronically or by facsimile if all submissions
are signed by the owner, tenant, contractor,
or authorized representative of such persons.
The Uniform Notice of a Low -Voltage Alarm
System Project shall be in the format
prescribed by the local enforcement agency
and must comply with the requirements of s.
553.793(7), Florida Statutes.
(9) A local enforcement agency may coordinate
directly with the owner or customer to inspect
a low -voltage alarm system to ensure
compliance with applicable codes and
standards. If a low -voltage alarm system
project fails an inspection, the contractor must
take corrective action as necessary to pass
inspection.
(10) A municipality, county, district, or other entity
of local government may not adopt or
maintain in effect any ordinance or rule
regarding a low -voltage alarm system project
that is inconsistent with this section.
(11) A uniform basic permit label shall not be
required for the subsequent maintenance,
inspection, or service of an alarm system that
was permitted in accordance with this section.
The provisions of this act are not intended to
impose new or additional licensure
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requirements on persons licensed in
accordance with the applicable provisions of
Chapter 489, Florida Statutes.
SECTION 106
FLOOR AND ROOF DESIGN LOADS
[A] 106.1 Live loads posted. In commercial or
industrial buildings, for each floor or portion thereof
designed for live loads exceeding 50 psf (2.40
kN/m2), such design live loads shall be
conspicuously posted by the owner or the owner's
authorized agent in that part of each story in which
they apply, using durable signs. It shall be unlawful
to remove or deface such notices.
[A] 106.2 Issuance of certificate of occupancy. A
certificate of occupancy required by Section 111
shall not be issued until the floor load signs,
required by Section 106.1, have been installed.
[A] 106.3 Restrictions on loading. It shall be
unlawful to place, or cause or permit to be placed,
on any floor or roof of a building, structure or
portion thereof, a load greater than is permitted by
this code.
SECTION 107
SUBMITTAL DOCUMENTS
[A] 107.1 General. Submittal documents consisting
of construction documents, statement of special
inspections, geotechnical report and other data
shall be submitted in two or more sets with each
permit application. The construction documents shall
be prepared by a registered design professional
where required by Chapter 471, Florida Statutes &
61G15 Florida Administrative Code or Chapter 481,
Florida Statutes & 61G1 Florida Administrative
Code. Where special conditions exist, the building
official is authorized to require additional
construction documents to be prepared by a
registered design professional.
Exception: The building official is authorized to
waive the submission of construction documents
and other data not required to be prepared by a
registered design professional if it is found that
the nature of the work applied for is such that
review of construction documents is not
necessary to obtain compliance with this code.
[A] 107.2 Construction documents. Construction
documents shall be in accordance with Sections
107.2.1 through 107.2.6.
107.2.1 Information on construction documents.
Construction documents shall be dimensioned and
drawn upon suitable material. Electronic media
documents are permitted to be submitted where
approved by the building official. Construction
documents shall be of sufficient clarity to indicate
the location, nature and extent of the work
proposed and show in detail that it will conform to
the provisions of this code and relevant laws,
ordinances, rules and regulations, as determined by
the building official. Such drawings and
specifications shall contain information, in the form
of notes or otherwise, as to the quality of materials,
where quality is essential to conformity with the
technical codes. Such information shall be specific,
and the technical codes shall not be cited as a whole
or in part, nor shall the term "legal" or its equivalent
be used as a substitute for specific information. All
information, drawings, specifications and
accompanying data shall bear the name and
signature of the person responsible for the design.
[A] 107.2.2 Fire protection system shop drawings.
Shop drawings for the fire protection system(s) shall
be submit- ted to indicate conformance to this code
and the construction documents and shall be
approved prior to the start of system installation.
Shop drawings shall contain all information as
required by the referenced installation standards in
Chapter 9.
[A] 107.2.3 Means of egress. The construction
documents shall show in sufficient detail the
location, construction, size and character of all
portions of the means of egress including the path
of the exit discharge to the public way in
compliance with the provisions of this code. In
other than occupancies in Groups R-2, R-3, and 1-1,
the construction documents shall designate the
number of occupants to be accommodated on every
floor, and in all rooms and spaces.
[A] 107.2.4 Exterior wall envelope. Construction
documents for all buildings shall describe the
exterior wall envelope in sufficient detail to
determine compliance with this code. The
construction documents shall provide details of the
exterior wall envelope as required, including
flashing, intersections with dissimilar materials,
corners, end details, control joints, intersections at
roof, eaves or parapets, means of drainage, water -
resistive membrane and details around openings.
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The construction documents shall include
manufacturer's installation instructions that provide
supporting documentation that the proposed
penetration and opening details described in the
construction documents maintain the weather
resistance of the exterior wall envelope. The
supporting documentation shall fully describe the
exterior wall system that was tested, where
applicable, as well as the test procedure used.
107.2.5 Exterior balcony and elevated walking
surfaces. Where balcony or other elevated walking
surfaces are exposed to water from direct or
blowing rain, snow or irrigation, and the structural
framing is protected by an impervious moisture
barrier, the construction documents shall include
details for all elements of the impervious moisture
barrier system. The construction documents shall
include manufacturer's installation instructions.
[A] 107.2.6 Site plan. The construction documents
submitted with the application for permit shall be
accompanied by a site plan showing to scale the size
and location of new construction and existing
structures on the site, distances from lot lines, the
established street grades and the proposed finished
grades and, as applicable, flood hazard areas,
floodways, and design flood elevations; and it shall
be drawn in accordance with an accurate boundary
line survey. In the case of demolition, the site plan
shall show construction to be demolished and the
location and size of existing structures and
construction that are to remain on the site or plot.
The building official is authorized to waive or modify
the requirement for a site plan where the
application for permit is for alteration or repair or
where other- wise warranted.
[A] 107.2.6.1 Design flood elevations. Where
design flood elevations are not specified, they shall
be established in accordance with Section 1612.3.1
107.2.6.2 For the purpose of inspection and record
retention, site plans for a building may be
maintained in the form of an electronic copy at the
worksite. These plans must be open to inspection
by the building official or a duly authorized
representative, as required by the Florida Building
Code.
[A] 107.2.7 Structural information. The
construction documents shall provide the
information specified in Section 1603.
official shall examine or cause to be examined the
accompanying submittal documents and shall
ascertain by such examinations whether the
construction indicated and described is in
accordance with the requirements of this code and
other pertinent laws or ordinances.
Exceptions:
1. Building plans approved pursuant to Section
553.77(5), Florida Statutes, and state -
approved manufactured buildings are exempt
from local codes enforcing agency plan reviews
except for provisions of the code relating to
erection, assembly or construction at the site.
Erection, assembly and construction at the site
are subject to local permitting and inspections.
Photocopies of plans approved according to
Rule 61-41.009, Florida Administrative Code,
shall be sufficient for local permit application
documents of record for the modular building
portion of the permitted project.
2. Industrial construction on sites where design,
construction and fire safety are supervised by
appropriately licensed design and inspection
professionals and which contain adequate in-
house fire departments and rescue squads is
exempt, subject to approval by the building
official, from review of plans and inspections,
providing the appropriate licensed design and
inspection professionals certify that applicable
codes and standards have been met and
supply appropriate approved drawings to local
building and fire -safety inspectors.
[A] 107.3.1 Approval of construction documents.
When the building official issues a permit, the
construction documents shall be approved, in
writing or by stamp, as "Reviewed for Code
Compliance." One set of construction documents so
reviewed shall be retained by the building official.
The other set shall be returned to the applicant,
shall be kept at the site of work and shall be open to
inspection by the building official or a duly
authorized representative.
[A] 107.3.2 Previous approvals. This code shall not
require changes in the construction documents,
construction or designated occupancy of a structure
for which a lawful permit has been heretofore
issued or otherwise law- fully authorized, and the
construction of which has been pursued in good
faith within 180 days after the effective date of this
code and has not been abandoned.
[A] 107.3.3 Phased approval. The building official is
[A] 107.3 Examination of documents. The building authorized to issue a permitfor the construction of
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foundations or any other part of a building or
structure before the construction documents for the
whole building or structure have been submitted,
provided that adequate information and detailed
statements have been filed complying with
pertinent requirements of this code. The holder of
such permit for the foundation or other parts of a
building or structure shall proceed at the holder's
own risk with the building operation and without
assurance that a permit for the entire structure will
be granted.
[A) 107.3.4 Design professional in responsible
charge. Where it is required that documents be
prepared by a registered design professional, the
building official shall be authorized to require the
owner or the owner's authorized agent to engage
and designate on the building permit application a
registered design professional who shall act as the
registered design professional in responsible charge
If the circumstances require, the owner or the
owner's authorized agent shall designate a
substitute registered design professional in
responsible charge who shall perform the duties
required of the original registered design
professional in responsible charge. The building
official shall be notified in writing by the owner or
owner's authorized agent if the registered design
professional in responsible charge is changed or is
unable to continue to perform the duties.
The registered design professional in responsible
charge shall be responsible for reviewing and
coordinating submittal documents prepared by
others, including phased and deferred submittal
items, for compatibility with the design of the
building.
107.3.4.1 Deferred submittals. For the purposes of
this section, deferred submittals are defined as
those portions of the design that are not submitted
at the time of the application and that are to be
submitted to the building official.
Deferral of any submittal items shall have the prior
approval of the building official. The registered
design professional in responsible charge shall list
the deferred submittals on the construction
documents for review by the building official.
Documents for deferred submittal items shall be
submitted to the registered design professional in
responsible charge who shall review them and
forward them to the building official with a notation
indicating that the deferred submittal documents
have been reviewed and found to be in general
conformance to the design of the building. The
deferred submittal items shall not be installed until
the deferred submittal documents have been
approved by the building official.
107.3.4.2 Certifications by contractors authorized
under the provisions of Section 489.115(4)(b),
Florida Statutes, shall be considered equivalent to
sealed plans and specifications by a person licensed
under Chapter 471, Florida Statutes, or Chapter
481, Florida Statutes, by local enforcement agencies
for plans review for permitting purposes relating to
compliance with the wind- resistance provisions of
the code or alternate methodologies approved by
the Florida Building Commission for one- and two-
family dwellings. Local enforcement agencies may
rely upon such certification by contractors that the
plans and specifications submitted conform to the
requirements of the code for wind resistance. Upon
good cause shown, local government code
enforcement agencies may accept or reject plans
sealed by persons licensed under Chapters 471, 481
or 489, Florida Statutes.
107.3.5 Minimum plan review criteria for
buildings. The examination of the documents by the
building official shall include the following minimum
criteria and documents: a floor plan; site plan;
foundation plan; floor/roof framing plan or truss
layout; all fenestration and building envelope
penetrations; flashing; and rough opening
dimensions; and all exterior elevations:
Commercial Buildings:
Building:
1. Site requirements:
Parking Fire access
Vehicle loading
Driving/turning radius
Fire hydrant/water supply/post indicator valve
(PIV)
Set back/separation (assumed property lines)
Location of specific tanks, water lines and
sewer lines
Flood hazard areas, flood zones, and design
flood elevations
2. Occupancy group and special occupancy
requirements shall be determined (verification
required with energy code submittal).
3. Minimum type of construction shall be
determined (see Table 503).
4. Fire-resistant construction requirements shall
include the following components:
Fire-resistant separations
Fire-resistant protection for type of construction
Protection of openings and penetrations of
rated walls
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6.
Fireblocking and draftstopping and calculated
fire resistance
Fire suppression systems shall include:
Early warning smoke evacuation systems
Schematic fire sprinklers
Standpipes
Pre-engineered systems
Riser diagram.
Life safety systems shall be determined and
shall include the following requirements:
Occupant load and egress capacities
Early warning
Smoke control
Stair pressurization
Systems schematic
Occupancy load/egress requirements shall
include:
Occupancy load
Gross
Net
Means of egress
Exit access
Exit
Exit discharge
Stairs construction/geometry and protection
Doors
Emergency lighting and exit signs
Specific occupancy requirements
Construction requirements
Horizontal exits/exit passageways
Structural requirements shall include:
Soil conditions/analysis
Termite protection
Design loads
Wind requirements
Building envelope
Impact resistant coverings or systems
Structural calculations (if required)
Foundation
Flood requirements in accordance with
Section 1612, including lowest floor
elevations, enclosures, flood damage -
resistant materials
Wall systems Floor systems
Roof systems
Threshold inspection plan
Stair systems
Materials shall be reviewed and shall at a
minimum include the following:
Wood
Steel
Aluminum
Concrete
Plastic
Glass
Masonry
Gypsum board and plaster Insulating
(mechanical)
Roofing
Insulation
Building envelope portions of the Energy Code
(including calculation and mandatory
requirements)
10. Accessibility requirements shall include the
following:
Site requirements
Accessible route
Vertical accessibility
Toilet and bathing facilities
Drinking fountains
Equipment
Special occupancy requirements
Fair housing requirements
11. Interior requirements shall include the
following:
Interior finishes (flame spread/smoke
development)
Light and ventilation (including corresponding
portion of the energy code)
Sanitation
12. Special systems:
Elevators
Escalators
Lifts
13. Swimming pools:
Barrier requirements
Spas
Wading pools
14. Location and installation details. The specific
location and installation details of each fire
door, fire damper, ceiling damper and smoke
damper shall be shown and properly identified
on the building plans by the designer.
Electrical:
1. Electrical:
Wiring
Services
Feeders and branch circuits
Overcurrent protection
Grounding
Wiring methods and materials
GFCls
Electrical portions of the Energy Code (including
calculation and mandatory requirements)
2. Equipment
3. Special occupancies
4. Emergency systems
5. Communication systems
6. Low voltage
7. Load calculations
8. Design flood elevation
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Plumbing:
1.
Minimum plumbing facilities
2.
Fixture requirements
3.
Water supply piping
4.
Sanitary drainage
5.
Water heaters
6.
Vents
7.
Roof drainage
8.
Back flow prevention
9.
Irrigation
10.
Location of water supply line
11.
Grease traps
12. Environmental requirements
13. Plumbing riser
14. Design flood elevation
15. Water/plumbing portions of the Energy Code
(including calculation and mandatory
requirements)
Mechanical:
1. Mechanical portions of the Energy calculations
2. Exhaust systems: Clothes dryer exhaust
Kitchen equipment exhaust
Specialty exhaust systems
3. Equipment
4. Equipment location
5. Make-up air
6. Roof -mounted equipment
7. Duct systems
8. Ventilation
9. Combustion air
10. Chimneys, fireplaces and vents
11. Appliances
12. Boilers
13. Refrigeration
14. Bathroom ventilation
15. Laboratory
16. Design flood elevation
Gas:
1. Gas piping
2. Venting
3. Combustion air
4. Chimneys and vents
5. Appliances
6. Type of gas
7. Fireplaces
8. LP tank location
9. Riser diagram/shutoffs
10. Design flood elevation
11. Gas portions of the Energy Code (including
calculation and mandatory requirements)
Demolition:
1. Asbestos removal
Residential (one- and two-family):
1. Site requirements:
Set back/separation (assumed property lines)
Location of septic tanks
2. Fire-resistant construction (if required)
3. Fire
4. Smoke detector locations
5. Egress:
Egress window size and location stairs
construction requirements
6. Structural requirements shall include:
Wall section from foundation through roof,
including assembly and materials connector
tables wind requirements structural
calculations (if required)
Termite protection
Design loads
Wind requirements
Building envelope
Foundation
Wall systems
Floor systems
Roof systems
Flood hazard areas, flood zones, design flood
elevations, lowest floor elevations, enclosures,
equipment, and flood damage- resistant
materials
Accessibility requirements:
Show/identify
Accessible bath
8. Impact resistant coverings or systems
9. Residential Energy Code submittal (including
calculation and mandatory requirements)
Manufactured buildings/housing:
1. Site requirements .'+�'- �;t>G •A -r
Setback/separation (assumed property lines)
Location of septic tanks (if applicable)�i- '.
2. Structural
Wind zone :' +ram y
;Anchoring .
:Blocking w0j
3. Plumbing
;List potable water source and meter size (if
!applicable)' .. .
4. Mechanical-.:
,Exhaust systems)_.:
:Clothes dryer exhaust.,_ • • ._'. ;;..;
;Kitchen equipment exhaust �.
5. Electrical exterior disconnect location
Exemptions: Plans examination by the building
official shall not be required for the following
work:
1. Replacing existing equipment such as
mechanical units, water heaters, etc.
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2. Reroofs
3. Minor electrical, plumbing and mechanical
repairs
4. Annual maintenance permits
5. Prototype plans:
Except for local site adaptions, siding,
foundations and/or modifications.
Except for structures that require waiver.
6. Manufactured buildings plan except for
foundations and modifications of buildings on
site and as listed above in manufactured
buildings/housing.
[A] 107.4 Amended construction documents. Work
shall be installed in accordance with the approved
construction documents, and any changes made
during construction that are not in compliance with
the approved construction documents shall be
resubmitted for approval as an amended set of
construction documents.
[A] 107.5 Retention of construction documents.
One set of approved construction documents shall
be retained by the building official for a period of
not less than 180 days from date of completion of
the permitted work, or as required by state or local
laws.
107.6 Affidavits. The building official may accept a
sworn affidavit from a registered architect or
engineer stating that the plans submitted conform
to the technical codes. For buildings and structures,
the affidavit shall state that the plans conform to the
laws as to egress, type of construction and general
arrangement and, if accompanied by drawings,
show the structural design and that the plans and
design conform tothe requirements of the technical
codes as to strength, stresses, strains, loads and
stability. The building official may without any
examination or inspection accept such affidavit,
provided the architect or engineer who made such
affidavit agrees to submit to the building official
copies of inspection reports as inspections are
performed and upon completion of the structure,
electrical, gas, mechanical or plumbing systems a
certification that the structure, electrical, gas,
mechanical or plumbing system has been erected in
accordance with the requirements of the technical
codes. Where the building official relies upon such
affidavit, the architect or engineer shall assume full
responsibility for compliance with all provisions of
the technical codes and other pertinent laws or
ordinances. The building official shall ensure that
any person conducting plans review is qualified as a
plans examiner under Part XII of Chapter 468,
Florida Statutes, and that any person con- ducting
inspections is qualified as a building inspector under
Part XII of Chapter 468, Florida Statutes.
107.6.1 Building permits issued on the basis of an
affidavit. Pursuant to the requirements of federal
regulation for participation in the National Flood
Insurance Program (44 C.F.R. Parts 59 and 60), the
authority granted to the building official to issue
permits, to rely on inspections, and to accept plans
and construction documents on the basis of
affidavits and plans submitted pursuant to Sections
105.14 and 107.6, shall not extend to the flood load
and flood -resistance construction requirements of
the Florida Building Code.
SECTION 108
TEMPORARY STRUCTURES AND USES
[A] 108.1 General. The building official is authorized
to issue a permit for temporary structures and
temporary uses. Such permits shall be limited as to
time of service, but shall not be permitted for more
than 180 days. The building official is authorized to
grant extensions for demonstrated cause.
[A] 108.2 Conformance. Temporary structures and
uses shall comply with the requirements in Section
3103.
[A] 108.3 Temporary power. The building official is
authorized to give permission to temporarily supply
and use power in part of an electric installation
before such installation has been fully completed
and the final certificate of completion has been
issued. The part covered by the temporary
certificate shall comply with the requirements
specified for temporary lighting, heat or power in
NFPA 70.
[A] 108.4 Termination of approval. The building
official is authorized to terminate such permit for a
temporary structure or use and to order the
temporary structure or use to be discontinued.
SECTION 109
FEES
[A] 109.1 Payment of fees. A permit shall not be
valid until the fees prescribed by law have been
paid, nor shall an
amendment to a permit be released until the
additional fee, if any, has been paid.
[A] 109.2 Schedule of permit fees. On buildings,
structures, electrical, gas, mechanical, and plumbing
systems or alterations requiring a permit, a fee for
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each permit shall be paid as required, in accordance
with the schedule as established by the applicable
governing authority.
109.2.1 Types of Fees Enumerated. Fees may be
charged for but not limited to the following:
s
•• Permits,.•. ,y I R f� �r� y
• Plans examination;F4 ��r
• Certificates of competency (including fees for
applications, examinations, renewal, late U
r :renewal, and reciprocity);';
�• Re -ins ections �.,.s•'.
Administrative fees (including fees for I
«investigative and legal costs incurred in the
context of certain disciplinary cases heard by,
the board),
10
. Variance requests; +-.¢ **r , .,
i• Administrative appeals;
• Violations; and,
`• Other fees as established by local resolution or
[A] 109.3 Building permit valuations. The applicant
for a permit shall provide an estimated permit value
at time of application. Permit valuations shall
include total value of work, including materials and
labor, for which the permit is being issued, such as
electrical, gas, mechanical, plumbing equipment
and permanent systems. If, in the opinion of the
building official, the valuation is underestimated on
theapplication, the permit shall be denied, unless
the applicant can show detailed estimates to meet
the approval of the building official. Final building
permit valuation shall be set by the building official.
[A] 109.4 Work commencing before permit
issuance. Any person who commences any work on
a building, structure, electrical, gas, mechanical or
plumbing system before obtaining the necessary
permits or without prior approval from the building
official as permitted in Section 105.2.2 or 105.12
shall be subject to a fee established by the building
official that shall be in addition to the required
permit fees or as provided by local ordinance. This
provision shall not apply to emergency work when
delay would clearly have placed life or property in
imminent danger. But in all such cases the required
permits) must be applied for within three (3)
business days and any unreasonable delay in
obtaining those permit(s) shall result in the charge
of a double fee. The payment of a double fee shall
not preclude or be deemed a substitute for
prosecution for commencing work without first
obtaining a permit. The building official may grant
extensions of time or waive fees when justifiable
cause has been demonstrated in writing.
[A] 109.5 Related fees. The payment of the fee for
the construction, alteration, removal or demolition
for work done in connection to or concurrently with
the work authorized by a building permit shall not
relieve the applicant or holder of the permit from
the payment of other fees that are prescribed by
law.
[A] 109.6 Refunds. The building official is
authorized to establish a refund policy.
SECTION 110
INSPECTIONS
[A] 110.1 General. Construction or work for which a
permit is required shall be subject to inspection by
the building official and such construction or work
shall remain exposed and provided with access for
inspection purposes until approved. Approval as a
result of an inspection shall not be construed to be
an approval of a violation of the provisions of this
code or of other ordinances of the jurisdiction.
Inspections presuming to give authority to violate or
cancel the provisions of this code or of other
ordinances of the jurisdiction shall not be valid. It
shall be the duty of the owner or the owner's
authorized agent to cause the work to remain
exposed and provided with access for inspection
purposes. The building official shall be permitted to
require a boundary line survey prepared by a
Florida licensed professional surveyor and mapper
whenever the boundary lines cannot be readily
determined in the field. Neither the building official
nor the jurisdiction shall be liable for expense
entailed in the removal or replacement of any
material required to allow inspection.
110.1.1 Manufacturers and fabricators. When
deemed necessary by the building official, he/she
shall make, or cause to be made, an inspection of
materials or assemblies at the point of manufacture
or fabrication. A record shall be made of every such
examination and inspection and of all violations of
the technical codes.
110.1.2 Inspection service. The building official ip:
may make, or cause to be made, the inspections'
,required by Section 110. He or she may accept
reports of department inspectors, independent
inspectors or of recognized inspection services,
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'provided that after investigation he/she is satisfied
as to their licensure, qualifications and reliability. A
!certificate required by any provision of this code
shall not be based on such reports unless the same
are recorded by the building code inspector or the
!architect or engineer performing building code
inspections in a manner specified by the building
official. The building official shall ensure that all
persons making such inspections shall be certified in
accordance to Chapter 468 Florida Statues.e i
[A] 110.2 Preliminary inspection. Before issuing a
permit, the building official is authorized to examine
or cause to be examined buildings, structures and
sites for which an application has been filed.
[A] 110.3 Required inspections. The building official
upon notification from the permit holder or his or
her agent shall make the following inspections, or
any other such inspection as deemed necessary and
shall either release that portion of the construction
or shall notify the permit holder or his or her agent
of any violations which must be corrected in order
to comply with the technical codes. The building
official shall determine the timing and sequencing
of when inspections occur and what elements are
inspected at each inspection.
Building
1. Foundation inspection. To be made after
trenches are excavated, any required
reinforcing steel is in place, forms erected and
shall at a minimum include the following
building components:
• Stem -wall
Monolithic slab -on -grade
Piling/pile caps
Footers/grade beams
1.1. Slab Inspection: Concrete slab and
under -floor inspections shall be made
after in -slab or under -floor reinforcing
steel and building service equipment,
conduit, piping accessories and other
ancillary equipment items are in place,
but before any concrete is placed or
floor sheathing installed, including the
subfloor.
1.2. A foundation/form board survey
prepared and certified by a Florida
licensed professional surveyor and
mapper may be required, prior to
approval of the slab inspection. The
survey shall certify placement of the
building on the site, illustrate all
surrounding setback dimensions and
shall be available at the job site for
review by the building inspector, In lieu
of providing a survey, the contractor may
elect to uncover all property line markers
and string -up all property lines in
preparation for inspection.
1.3. In flood hazard areas, upon placement of
the lowest floor, including basement,
and prior to further vertical construction,
the elevation certification shall be
submitted to the authority having
jurisdiction.
2. Framing inspection. To be made after the roof,
all framing, fireblocking and bracing is in place,
all concealing wiring, all pipes, chimneys, ducts
and vents are complete and the rough
electrical, plumbing, heating wires, pipes and
ducts are approved and shall at a minimum
include the following building components:
• Window/door framing
Window U-factor/SHGC (as indicated on
approved energy calculations)
• Vertical cells/columns
• Lintel/tie beams
• Framing/trusses/bracing/connectors
(including truss layout and engineered
drawings)
• Draftstopping/fireblocking
• Curtain wall framing
• Energy insulation (Insulation R-factor as
indicated on approved energy
calculations)
• Accessibility
• Verify rough opening dimensions are
within tolerances.
• Window/door buck attachment
2.1 Insulation Inspection: To be made after
the framing inspection is approved and
the insulation is in place, according to
approved energy calculation submittal.
Includes wall and ceiling insulation.
2.2 Lath and gypsum board inspection for
fire -resistance rated or shear assemblies.
Lath and gypsum board inspections shall
be made after lathing and gypsum board,
interior and exterior, is in place, but
before ant plastering is applied or
gypsum board joints and fasteners are
taped and finished.
3. Sheathing inspection. To be made either as part
of a dry -in inspection or done separately at the
request of the contractor after all roof and wall
sheathing and fasteners are complete and shall
at a minimum include the following building
components:
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• Roof sheathing
• Wall sheathing
• Continuous air barrier
• Exterior siding/cladding
• Sheathing fasteners
• Roof/wall dry -in
NOTE: Sheathing fasteners installed and
found to be missing the structural
member (shiners) shall be removed and
properly reinstalled prior to installation
of the dry -in material.
Exterior wall coverings. Shall at a minimum
include the following building components in
progress inspections:
• Exterior wall coverings and veneers
• Soffit coverings
Roofing inspection. Shall at a minimum be
made in at least two inspections and include
the following building components:
• Dry -in
• Insulation
• Roof coverings (including In Progress as
necessary)
• Insulation on roof deck (according to
submitted energy calculation)
• Flashing
5.1 Re -roof sheathing inspection. An
affidavit with a notarized signature of
a state or locally licensed roofing
contractor for the installation of
additional sheathing fasteners as
required by the Existing Building Code
may be accepted at the discretion of
the building official.
Final inspection. To be made after the building
is completed and ready for occupancy.
6.1. In flood hazard areas, as part of the final
inspection, a final certification of the
lowest floor elevation shall be submitted
to the authority having jurisdiction.
Swimming pool inspection. First inspection to
be made after excavation and installation of
reinforcing steel, bonding and main drain and
prior to placing of concrete.
a. Steel reinforcement inspection
b. Underground electric inspection
c. Underground piping inspection including a
pressure test.
d. Underground electric inspection under
deck area (including the equipotential
bonding)
b. Underground piping inspection under deck
area
c. Deck inspection: to be made prior to
installation of the deck material (with
forms, deck drains, and any reinforcement
in place
d. Safety Inspection; Made prior to filling the
pool with the bonding connections made,
the proper drain covers installed and the
final barriers installed.
e. Final pool piping
f. Final Electrical inspection
g. Final inspection to be made when the
swimming pool is complete and all
required enclosure requirements are in
place.
In order to pass final inspection and
receive a certificate of completion, a
residential swimming pool must meet the
requirements relating to pool safety
features as described in Section 454.2.17 of
this code.
8. Demolition inspections. First inspection to be
made after all utility connections have been
dis- connected and secured in such manner
that no unsafe or unsanitary conditions shall
exist during or after demolition operations.
Final inspection to be made after all demolition
work is completed.
9. Manufactured building inspections. The
building department shall inspect construction
of foundations; connecting buildings to
foundations; installation of parts identified on
plans as site installed items, joining the
modules, including utility cross- overs; utility
connections from the building to utility lines on
site; and any other work done on site which
requires compliance with the FloridaBuilding
Code. Additional inspections may be required
for public educational facilities (see Section
453.27.20 of this code).
10. Where impact -resistant coverings or impact -
resistant systems are installed, the building
official shall schedule adequate inspections of
impact- resistant coverings or impact -resistant
systems to determine the following:
The system indicated on the plans was
installed.
The system is installed in accordance with the
manufacturer's installation instructions and the
product approval.
Electrical
1. Underground inspection. To be made after
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trenches or ditches are excavated, conduit or
cable installed, and before any backfill is put in
place.
2. Rough -in inspection. To be made after the roof,
framing, fireblocking and bracing is in place and
prior to the installation of wall or ceiling
membranes.
3. Final inspection. To be made after the building
is complete, all required electrical fixtures are
in place and properly connected or protected,
and the structure is ready for occupancy.
4. Existing Swimming Pools. To be made after all
repairs or alterations are complete, all required
electrical equipment, GFCI protection, and
equipotential bonding are in place on said
alterations or repairs.
Plumbing
1. Underground inspection. To be made after
trenches or ditches are excavated, piping
installed, and before any backfill is put in place.
2. Rough -in inspection. To be made after the roof,
framing, fireblocking and bracing is in place and
all soil, waste and vent piping is complete, and
prior to this installation of wall or ceiling
membranes.
Includes plumbing provisions of the energy
code and approved energy calculation
provisions.
3. Final inspection. To be made after the building
is complete, all plumbing fixtures are in place
and properly connected, and the structure is
ready for occupancy.
Note: See Section 312 of the Florida Building
Code, Plumbing for required tests.
Mechanical
1. Underground inspection. To be made after
trenches or ditches are excavated,
underground duct and fuel piping installed, and
before any backfill is put in place.
2. Rough -in inspection. To be made after the roof,
framing, fireblocking and bracing are in place
and all ducting, and other concealed
components are complete, and prior to the
installation of wall or ceiling membranes.
Includes mechanical provisions of the energy
code and approved energy calculation
provisions.
3. Final inspection. To be made after the building
is complete, the mechanical system is in place
and properly connected, and the structure is
ready for occupancy.
Gas
1. Rough piping inspection. To be made after all
new piping authorized by the permit has been
installed, and before any such piping has been
covered or concealed or any fixtures or gas
appliances have been connected.
Includes gas provisions of the energy code and
approved energy calculation provisions.
2. Final piping inspection. To be made after all
piping authorized by the permit has been
installed and after all portions which are to be
concealed by plastering or otherwise have been
so concealed, and before any fixtures or gas
appliances have been connected, This
inspection shall include a pressure test.
3. Final inspection. To be made on all new gas
work authorized by the permit and such
portions of existing systems as may be affected
by new work or any changes, to ensure
compliance with all the requirements of this
code and to assure that the installation and
construction of the gas system is in accordance
with reviewed plans.
Kite Debris SKI,,,
1. The contractor and/or owner of any active or
r "inactive construction project shall be
i
..responsible for the clean-up and removal of all
Z.construction debris or any other miscellaneous
discarded articles during the course of the di
construction project and prior to receiving final
=inspection approval. Construction job sites }q
.#_;must be kept clean and in a safe condition at all
times.e
2. All debris shall be kept in such a manner as to 11
,, All
it from being spread by any means 1,
[A] 110.3.1 Footing and foundation inspection.
Footing and foundation inspections shall be made
after excavations for footings are complete and any
required reinforcing steel is in place. For concrete
foundations, any required forms shall be in place
prior to inspection. Materials for the foundation
shall be on the job, except where concrete is ready
mixed in accordance with ASTM C 94, the concrete
need not be on the job.
[A] 110.3.2 Concrete slab and under -floor
inspection. Concrete slab and under -floor
inspections shall be made after in -slab or under-
floor reinforcing steel and building service
equipment, conduit, piping accessories and other
ancillary equipment items are in place, but before
any concrete is placed or floor sheathing installed,
including the subfloor.
[A] 110.3.3 Lowest floor elevation. in flood hazard
areas, upon placement of the lowest floor, including
the basement, and prior to further vertical
construction, the elevation certification required in
BOAF Model Administrative Chapter 1 FBC 7ch Edition (202620RAtd M
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Section 1612.4 and Section R322 of the Florida
Building Code, Residential, shall be submitted to the
building official.
[A] 110.3.4 Frame inspection. Framing inspections
shall be made after the roof deck or sheathing, all
framing, fireblocking and bracing are in place and
pipes, chimneys and vents to be concealed are
complete and the rough electrical, plumbing,
heating wires, pipes and ducts are approved.
[A] 110.3.5 Lath, gypsum board and gypsum panel
product inspection. Lath, gypsum board and
gypsum panel product inspections shall be made
after lathing, gypsum board and gypsum panel
products, interior and exterior, are in place, but
before any plastering is applied or gypsum board
and gypsum panel product joints and fasteners are
taped and finished.
Exception: Gypsum board and gypsum panel
products that are not part of a fire -resistance -
rated assembly or a shear assembly.
110.3.6 Weather -exposed balcony and walking
surface waterproofing. Where balcony or other
elevated walking surfaces are exposed to water
from direct or blowing rain, snow or irrigation, and
the structural framing is protected by an impervious
moisture barrier, all elements of the impervious -
moisture -barrier system shall not beconcealed until
inspected and approved.
[A] 110.3.7 Fire and smoke -resistant penetrations.
Protection of joints and penetrations in fire-
resistance- rated assemblies, smoke barriers and
smoke partitions shall not be concealed from view
until inspected and approved.
[A] 110.3.8 Energy efficiency inspections.
Inspections shall be made to determine compliance
with FBC, Energy Conservation and confirm with the
approved energy code submittal (by appropriate
trade) and corresponding mandatory requirements
and shall include, but not be limited to, inspections
for: corresponding envelope insulation R- and U-
values, fenestration U-value, and Solar Heat Gain
Coefficient, duct system R-value, and HVAC,
lighting, electrical and water-heatingequipment
efficiency.
[A] 110.3.9 Other inspections. In addition to the
inspections specified in Sections 110.3 through
110.3.8, the building official is authorized to make
or require other inspections of any construction
work to ascertain compliance with the provisions of
this code and other laws that are enforced by the
department of building safety.
[A] 110.3.10 Special inspections. Reserved.
110.3.11 Final inspection. The final inspection shall
be made after all work required by the building
permit is completed.
110.3.11.1 Flood hazard documentation.
If located in a flood hazard area, documentation of
the elevation of the lowest floor as required in
Section 1612.5 and Section R322 of the Florida
Building Code, Residential, shall be submitted to the
building official prior to the final inspection.
110.3.11.2 Commercial Energy Code
documentation. If required by energy code path
submittal, confirmation that commissioning result
requirements have been received by building
owner.
110.3.11.3 Residential Energy Code
documentation. If required by energy code path
submittal (11405), confirmation that the duct test
requirements shall be received by building official.
110.3.12 Termites. Building components and
building surroundings required to be protected
from termite dam- age in accordance with Section
1503.7, Section 2304.12.9 or Section 2304.12.4,
specifically required to be inspected for termites in
accordance with Section 2114, or required to have
chemical soil treatment in accordance with Section
1816 shall not be covered or concealed until the
release from the building official has been received.
110.3.13 Impact -resistant coverings or systems.
Where impact -resistant coverings or systems are
installed to meet requirements of this code, the
building official shall schedule adequate inspections
of impact -resistant coverings or systems to
determine the following:
1. The system indicated on the plans was
installed.
2. The system is installed in accordance with the
manufacturer's installation instructions and the
product approval.
[A] 110.4 Inspection agencies. The building official
is authorized to accept reports of approved
inspection agencies, provided such agencies satisfy
the requirements as to qualifications and reliability.
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[A] 110.5 Inspection requests. It shall be the duty of
the holder of the building permit or their duly
authorized agent to notify the building official when
work is ready for inspection. It shall be the duty of
the permit holder to provide access to and means
for inspections of such work that are required by
this code.
[A] 110.6 Approval required. Work shall not be
done beyond the point indicated in each successive
inspection without first obtaining the approval of
the building official. The building official, upon
notification, shall make the requested inspections
and shall either indicate the portion of the
construction that is satisfactory as completed, or
notify the permit holder or his or her agent wherein
the same fails to comply with this code. Any
portions that do not comply shall be corrected and
such portion shall not be covered or concealed until
authorized by the building official.
110.7 Shoring. For threshold buildings, shoring and
associated formwork or falsework shall be designed
and inspected by a Florida licensed professional
engineer prior to any required mandatory
inspections by the threshold building inspector.
110.8 Threshold building.
110.8.1 During new construction or during repair or
restoration projects in which the structural system
or structural loading of a building is being modified,
the enforcing agency shall require a special
inspector to perform structural inspections on a
threshold building pursuant to a structural
inspection plan prepared by the engineer or
architect of record. The structural inspection plan
must be submitted to the enforcing agency prior to
the issuance of a building permit for the
construction of a threshold building. The purpose of
the structural inspection plans is to provide specific
inspection procedures and schedules so that the
building can be adequately inspected for
compliance with the permitted documents. The
special inspector may not serve as a surrogate in
carrying out the responsibilities of the building
official, the architect, or the engineer of record. The
contractor's contractual or statutory obligations are
not relieved by any action of the special inspector.
110.8.2 The special inspector shall determine that a
professional engineer who specializes in shoring
design has inspected the shoring and reshoring for
conformance with the shoring and reshoring plans
submitted to the enforcing agency. A fee simple
title owner of a building, which does not meet the
minimum size, height, occupancy, occupancy
classification, or number -of -stories criteria which
would result in classification as a threshold building
under s. 553.71(7), Florida Statutes may designate
such building as a threshold building, subject to
more than the minimum number of inspections
required by the Florida Building Code.
110.8.3 The fee owner of a threshold building shall
select and pay all costs of employing a special
inspector, but the special inspector shall be
responsible to the enforcement agency. The
inspector shall be a person certified, licensed or
registered under Chapter 471, Florida Statutes, as
an engineer or under Chapter 481, Florida Statutes,
as an architect.
110.8.4 Each enforcement agency shall require that,
on every threshold building:
110.8.4.1 The special inspector, upon completion of
the building and prior to the issuance of a certificate
of occupancy, file a signed and sealed statement
with the enforcement agency in substantially the
following form: "To the best of my knowledge and
belief, the above described construction of all
structural load- bearing components complies with
the permitted documents, and the shoring and
reshoring conforms to the shoring and reshoring
plans submitted to the enforcement agency."
110.8.4.2 Any proposal to install an alternate
structural product or system to which building
codes apply be submitted to the enforcement
agency for review for compliance with the codes
and made part of the enforcement agency's
recorded set of permit documents.
110.8.4.3 All shoring and reshoring procedures,
plans and details be submitted to the enforcement
agency for recordkeeping. Each shoring and
reshoring installation shall be supervised, inspected
and certified to be in compliance with the shoring
documents by the contractor.
110.8.4.4 All plans for the building which are
required to be signed and sealed by the architect or
engineer of record contain a statement that, to the
best of the architect's or engineer's knowledge, the
plans and specifications comply with the applicable
minimum building codes and the applicable fire -
safety standards as deter- mined by the local
authority in accordance with this section and
Chapter 633, Florida Statutes.
BOAF Model Administrative Chapter 1 FBC 7th Edition (2020�2Ratd
SCOPE AND ADMINISTRATION
110.8.5 No enforcing agency may issue a building
permit for construction of any threshold building
except to a licensed general contractor, as defined
in Section 489.105(3)(a), Florida Statutes, or to a
licensed building contractor, as defined in Section
489.105(3)(b), Florida Statutes, within the scope of
her or his license. The named contractor to whom
the building permit is issued shall have the
responsibility for supervision, direction,
management and control of the construction
activities on the project for which the building
permit was issued.
110.8.6 The building department may allow a
special inspector to conduct the minimum structural
inspection of threshold buildings required by this
code, Section 553.73, Florida Statutes, without
duplicative inspection by the building department.
The building official is responsible for ensuring that
any person conducting inspections is qualified as a
building inspector under Part XII of Chapter 468,
Florida Statutes, or certified as a special inspector
under Chapter 471 or 481, Florida Statutes.
Inspections of threshold buildings required by
Section 553.79(5), Florida Statutes, are in addition
to the minimum inspections required by this code.
SECTION 111
CERTIFICATE OF OCCUPANCY
[A] 111.1 Use and occupancy. A building or
structure shall not be used or occupied, and a
change in the existing use or occupancy
classification of a building or structure or portion
thereof shall not be made, until the building official
has issued a certificate of occupancy therefor as
provided herein. Issuance of a certificate of
occupancy shall not be construed as an approval of
a violation of the provisions of this code or of other
ordinances of the jurisdiction.
Exception: Certificates of occupancy are not
required for work exempt from permits in
accordance with Section 105.2.
[A] 111.2 Certificate issued. After the building
official inspects the building or structure and does
not find violations of the provisions of this code or
other laws that are enforced by the department of
building safety, the building official shall issue a
certificate of occupancy that contains the following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner or the
owner's authorized agent.
4. A description of that portion of the structure for
which the certificate is issued.
5. A statement that the described portion of the
structure has been inspected for compliance
with the requirements of this code for the
occupancy and division of occupancy and the
use for which the proposed occupancy is
classified.
6. For buildings and structures in flood hazard
areas, a statement that documentation of the
as -built lowest floor elevation has been
provided and is retained in the records of the
authority having jurisdiction
7. The name of the building official.
8. The edition of the code under which the permit
was issued.
9. The use and occupancy, in accordance with the
provisions of Chapter 3.
10. The type of construction as defined in Chapter
6.
11. The design occupant load.
12. If an automatic sprinklersystem is provided,
whether the sprinkler system is required.
13. Any special stipulations and conditions of the
building permit.
[A] 111.3 Temporary occupancy. The building
official is authorized to issue a temporary certificate
of occupancy before the completion of the entire
work covered by the permit, provided that such
portion or portions shall be occupied safely. The
building official shall set a time period during which
the temporary certificate of occupancy is valid.
[A] 111.4 Revocation. The building official is
authorized to, in writing, suspend or revoke a
certificate of occupancy or completion issued under
the provisions of this code wherever the certificate
is issued in error, or on the basis of incorrect
information supplied, or where it is determined that
the building or structure or portion thereof is in
violation of any ordinance or regulation or any of
the provisions of thiscode.
111.5 Certificate of completion. A certificate of
completion is proof that a structure or system is
complete and for certain types of permits is released
for use and may be connected to a utility system.
This certificate does not grant authority to occupy a
building, such as shell building, prior to the issuance
of a certificate of occupancy.
SECTION 112
SERVICE UTILITIES
[A] 112.1 Connection of service utilities. A person
BOAF Model Administrative Chapter 1 FBC 7th Edition (2020�2_'V+112;b
SCOPE AND ADMINISTRATION
shall not make connections from a utility, source of
energy, fuel or power to any building or system that
is regulated by thiscode for which a permit is
required, until released by the building official.
[A] 112.2 Temporary connection. The building
official shall have the authority to authorize the
temporary connection of the building or system to
the utility, source of energy, fuel or power.
[A] 112.3 Authority to disconnect service utilities.
The building official shall have the authority to
authorize disconnection of utility service to the
building, structure or system regulated by this code
and the referenced codes and standards set forth in
Section 101.4 in case of emergency where
necessary to eliminate an immediate hazard to life
or property or where such utility connection has
been made without the approval required by
Section 112.1 or 112.2. The building official shall
notify the serving utility, and wherever possible the
owner and occupant of the building, structure or
service system of the decision to disconnect prior to
taking such action. If not notified prior to
disconnecting, the owner or occupant of the
building, structure or service system shall be
notified in writing, as soon as practical thereafter.
SECTION 113
BOARD OF APPEALS
The City of Sebastian Construction Board shall
serve as the Board of Appeals.
113.1 General. In order to hear and decide appeals
of orders, decisions or determinations made by the
building official relative to the application and
interpretation of this code, there shall be and is
hereby created a board of appeals. The board of
appeals shall be appointed by the applicable
governing authority and shall hold office at its
pleasure. The board shall adopt rules of procedure
for conducting its business.
113.2 Limitations on authority. An application for
appeal shall be based on a claim that the true intent
of this code or the rules legally adopted thereunder
have been incorrectly interpreted, the provisions of
this code do not fully apply or an equally good or
better form of construction is proposed. The board
shall have no authority to waive requirements of
this code.
113.3 Qualifications. The board of appeals shall
consist of members who are qualified by experience
and training to pass on matters pertaining to
building construction and are not employees of the
jurisdiction.
SECTION 114
VIOLATIONS
114.1 Unlawful acts. It shall be unlawful for any
person, firm or corporation to erect, construct,
alter, extend, repair, move, remove, demolish or
occupy any building, structure or equipment
regulated by this code, or cause same to be done, in
conflict with or in violation of any of the provisions
of this code.
114.2 Notice of violation. The building official is
authorized to serve a notice of violation or order or,
the person responsible for the erection,
construction, alteration, extension, repair, moving,
removal, demolition or occupancy of a building or
structure in violation of the provisions of this code,
or in violation of a permit or certificate issued under
the provisions of this code. Such order shall direct
the discontinuance of the illegal action or condition
and the abatement of the violation.
114.3 Prosecution of violation. If the notice of
violation is not complied with promptly, the building
official is authorized to request the legal counsel of
the jurisdiction to institute the appropriate
proceeding at law or in equity to restrain, correct or
abate such violation, or to require the removal or
termination of the unlawful occupancy of the
building or structure in violation of the provisions of
this code or of the order or direction made pursuant
thereto.
114.4 Violation penalties. Any person who violates
a provision of this code or fails to comply with any
of the requirements thereof or who erects,
constructs, alters or repairs a building or structure
in violation of the approved construction document's
or directive of the building official, or of a permit or
certificate issued under the provisions of this code,
shall be subject to penalties as prescribed by law.
SECTION 115
STOP WORK ORDER
[A] 115.1 Authority. Where the building official
finds any work regulated by this code being
performed in a manner either contrary to the
BOAF Model Administrative Chapter 1 FBC 7t" Edition (2024)24f*d?&
SCOPE AND ADMINISTRATION
provisions of this code or dangerous or unsafe, the
building official is authorized to issue a stop work
order.
[A) 115.2 Issuance. The stop work order shall be in
writing and shall be given to the owner of the
property involved, the owner's authorized agent or
the person performing the work. Upon issuance of a
stop work order, the cited work shall immediately
cease. The stop work order shall state the reason
for the order and the conditions under which the
cited work will be permitted to resume.
[A)115.3 Unlawful continuance. Any person who
shall continue any work after having been served
with a stop work order, except such work as that
person is directed to perform to remove a violation
or unsafe condition, shall be subject to penalties as
prescribed by law.
SECTION 116
UNSAFE STRUCTURES AND EQUIPMENT
Unsafe Structures and Equipment shall be abated
under the City of Sebastian Unsafe Structures
Abatement Code process.
116.1 Conditions. Structures or existing equipment
that are or hereafter become unsafe, insanitary or
deficient because of inadequate means of egress
facilities, inadequate light and ventilation, or which
constitute a fire hazard, or are otherwise dangerous
to human life or the public welfare, or that involve
illegal or improper occupancy or inadequate
maintenance, shall be deemed an unsafe condition.
Unsafe structures shall be taken down and removed
or made safe, as the building official deems
necessary and as provided for in this section. A
vacant structure that is not secured against entry
shall be deemed unsafe.
116.2 Record. The building official shall cause a
report to be filed on an unsafe condition. The report
shall state the occupancy of the structure and the
nature of the unsafe condition.
116.3 Notice. If an unsafe condition is found, the
building official shall serve on the owner, agent or
person in control of the structure, a written notice
that describes the condition deemed unsafe and
specifies the required repairs or improvements to
be made to abate the unsafe condition, or that
requires the unsafe structure to be demolished
within a stipulated time. Such notice shall require
the person thus notified to declare immediately to
the building official acceptance or rejection of the
terms of the order.
116.4 Method of service. Such notice shall be
deemed properly served if a copy thereof is (a)
delivered to the owner personally; (b) sent by
certified or registered mail addressed to the owner
at the last known address with the return receipt
requested; or (c) delivered in any other manner as
prescribed by local law. If the certified or registered
letter is returned showing that the letter was not
delivered, a copy thereof shall be posted in a
conspicuous place in or about the structure affected
by such notice. Service of such notice in the
foregoing manner upon the owner's agent or upon
the person responsible for the structure shall
constitute service of notice upon the owner.
116.5 Restoration. Where the structure or
equipment determined to be unsafe by the building
official is restored to a safe condition, to the extent
that repairs, alterations or additions are made or a
change of occupancy occurs during the restoration
of the structure, such repairs, alterations, additions
and change of occupancy shall comply with the
requirements of Section 105.2.2 and the Florida
Building Code, Existing Building.
SECTION 117
VARIANCES IN FLOOD HAZARD AREAS
117.1 Flood hazard areas. Pursuant to Section
553.73(5), Florida Statutes, the variance procedures
adopted in the local flood plain management
ordinance shall apply to requests submitted to the
building official for variances to the provisions of
Section 1612.4 of the Florida Building Code, Building
or, as applicable, the provisions of Section R322 of
the Florida Building Code, Residential. This section
shall not apply to Section 3109 of the Florida
Building Code, Building.
BOAF Model Administrative Chapter 1 FBC 71h Edition (20201)25Ppfel12a
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Legend:
Plain Text is from the FBC 7"' Edition (2020)
Shaded Text is BOAF recommendations
The red text is guidance and should be removed before adoption.
BOAF Model Administrative Chapter 1 FBC 71h Edition (2020)2&ojell28
CM Cf
SEBASTIAN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: April 14, 2021
Title & Recommendation: Approve 5-year Agreement for Police Department Body Worn and In -Car
Camera Purchase and Service, in the amount of $392,915.
Background: The Procurement Division, on behalf of the Police Department, recommends
Council APPROVE to enter into a 5-year Agreement for body worn and in -car camera purchase and service.
The vendor's name is not disclosed for public safety and security purposes. This purchase is in response to
the Florida Department of Law Enforcement (FDLE) CJIS technical audit findings, specifically addressing
hardware failures and software compliance issues. The City's current equipment is outdated and not
supported. Upgrading with the current vendor is not an option because of changes within the vendor's
business structure.
The Police Department along with MIS facilitated demos from three (3) vendors, one (1) of which did not meet
the needs of the City and another that was far beyond the budget. The recommended vendor meets all the
needs of the City, is within the budget and will bring us back to compliance with FDLE.
If Agenda Item Requires Expenditure of Funds:
Total Cost: $392,915.00 *to be paid over 60-months
Funds to Be Utilized for Appropriation: Discretionary Sales Tax
Attachments:
1. Business Quote for 5-year Total Cost
Administrative Services Department Review:
City Attorney Review:
Procurement Division Review, if applicable:
City Manager Authorization:
Date: zv/ 7 /�l
�Ar
Page 1 of 2
127 of 128
Chief Dan Acosta
To: Sebastian Police Department
1201 Main Street
Sebastian, FL 32958
Customer ID #725
QTY
25
25
25
_ 1
1
1
5
PROPOSAL i121-725
DATE: MARCH 26, 2021
SHIP TO: Deputy Chief Greg Witt
LENGTH OF SERVICE START DATE
60 Months 04/19/21
DESCRIPTION
UNIT PRICE
ANNUAL COST
5-Year Equipment E3 Service Program
$392,915.00
Gen 12 Body Worn Camera Service - UNLIMITED Data Plan
$999.00
$124,875.00
Year 1 of 5-Year Service Period (04/19/21 - 04/18/26)
Titan V In -Car Video Service
$1,999.00
$249,875.00
Year 1 of 5-Year Service Period (04/19/21 - 04/18/26)
1-Time Installation Fee - Per Vehicle ($995.00) - DISCOUNTED
<� ,_ao
$12,500.00 1
Custom CAD Integration Software Project - WAIVED
$28,895.00
moils
On -Site Implementation li Training Fee - 1-Time Fee
$1,895.00
$1,895.00
Shipping ft Handling Fees - 1-Time Fee
$1,295.00
$1,295.00
Software ft Database Maintenance Fee - Annual Fee
$495.00
$2,475.00
SUBTOTAL $392,915.00
TELP INT
(3.0%) '
TOTAL $392,915.00
Important Note: Please be informed that pricing integrity is very important to our entire company including our
Board of Directors, employees, and especially our valued customer base. As such, it is our corporate goal to charge all
customers the exact same price of 51,0991BWCIYear & $2,099/Vehicle/Year through March 311`, 2022.
Thank you SINCERELY for your business!
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128 of 128