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HOME OF PEUCAN ISLAND
BUILDING DEPARTMENT
1225 MAIN STREET • SEBASTIAN, FLORIDA 32958
TELEPHONE: (�72) 589-5537 • FAX (772) 589-2566
SEBASTIAN CONSTRUCTION BOARD
REGULAR MEETING
June 20, 2012 (�u, 6:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
ANNOUNCEMENTS
OLD BUSINESS: None
NEW BUSINESS:
PROPOSED CHANGES TO CHAPTER 26 OF THE CITY CODE OF ORDINANCES
ENTITLED: BUII.DING AND BUII.,DING REGULATIONS.
BUILDING OFFICIAL MATTERS:
BUII..DING DEPARTMENT UPDATE
BOARD MATTERS:
ATTORNEY MATTERS:
15 MINiTTES TO PUBLIC
ADJOURN
NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON T'HE ABOVE MATTERS, HE/SHE
WII..L NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSES, HEISHE MAY NEED TO ENSURE
THAT A VERBATIIvi RECORD OF TI� PROCEEDINGS IS MADE, WHICH RECORD INCLUDES TI� TESTIMONY
IN EVIDENCE ON WHICH TI� APPEAL IS BASED. TWO OR MORE ELECTED OFFICIALS MAY BE IN
AT'I'ENDANCE
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CITY OF SEBASTIAN
CONSTRUCTION BOARD
MINUTES OF REGULAR MEETING
SEPTEMBER 20, 2011
Chair Jean Carbano called the meeting to order at 6:00 PM.
The Pledge of Allegiance was said.
ROLL CALL:
PRESENT: Mr. Berry
Chmn. Carbano
Mr. Dalessandro
EXCUSED ABSENCE
ALSO PRESENT
Mr. Fortier
Mr. Hosey
Mr. Bulla, Mr. Redden, Ms. Heck
Wayne Eseltine, Building Director
Linda Lohsl, Secretary/Contractor Licensing
APPROVAL OF MINUTES: Regular meeting held June 21, 2011
MOTION by Fortier/Berry
I move that we approve the minutes as presented.
A voice vote was taken — passed unanimously.
ANNOUNCEMENTS: None
OLD BUSINESS: None
NEW BUSINESS:
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KEITH SHERMAN dba ONLINE PAINTING — Seeking Board approval to
re-activate painting license that has expired for more than three years. (City Code
of Ordinance, Sec. 26-168(c): A certificate that is not renewed within three full years
after expiration may not be renewed, restored or reinstated thereafter except by
reapplication and reexamination.]
Mr. Eseltine reviewed the packet information that was given to the Board Members. He
explained the sections of the code that were applicable to the situation and stated he did
not have the authority to re-instate Mr. Sherman's license without Board approval. He
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stated if the Board does give approval, he would like to revisit the code to determine the
appropriate fees required. Additional packet information included Mr. Sherman's test
scores on the Block exam, history of contractor licensing fees previously paid from 2001
to 2004, Competency Card info, letters of work and character affirmation, state
registration and insurance documents, and his Brevard County business tax receipt.
Mr. Sherman was not present, but Teri Robotti was at the meeting, representing him, to
answer any questions.
Mr. Eseltine discussed fees. He reviewed three scenarios regarding how Mr. Sherman
could be charged to re-activate the license: A) Re-instate the license with the contractor
paying for the previous delinquent fees from 2005 to 2011 ($75 x 7 years =$525), plus
the annual renewal fee ($30), plus the re-instate fee ($20} for a total of $575; or B) pay
the inactive fees ($10 x 7 years =$70), plus the annual renewal fee ($30), plus the re-
instate fee ($20) for a total of $120; or C) pay the annual renewal fee ($30), plus the re-
instate fee ($20) for a total of $50.
The Board discussed if they had the authority to re-instate the license without re-testing,
what re-testing entailed for Mr. Sherman, and how active he has been. Ms. Robotti
explained that most of his inactivity was for medical reasons, and that he was up-to-date
with his Brevard County license.
Staff recommended re-instating the license, and having the Board decide with regards to
the fees/penalties.
MOTION by Dalessandro/Fortier
I'd like to make a motion to re-instate the [painting] license [for Mr. Sherman in
the City of Sebastian].
Roll call: Mr. Fortier
Mr. Dalessandro
Mr. Berry
The vote was 5— 0. Motion carried.
- yes
- yes
- yes
Chmn. Carbano - yes
Mr. Hosey - yes
Regarding the fees, Mr. Eseltine made of suggestion of option "D" which would be to
charge the annual fee with no penalty surcharge $30 x 7 years =$210, plus the current
year fee $30, plus the reinstatement fee $20, for a total of $260.
MOTION by Berry/
I make a motion to reinstate the license and Competency Card for $120 [fees and
penalties].
The motion died for a lack of a second.
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MOTION by Dalessandro/Carbano
Pd like to make a motion that the fees be $260 [Option D] plus a$75 penalty fee.
Ms. Carbano suggested an Option E of a$75 penalty fee for year one, then $30 annual
fee x 6 years, then $20 to reactivate, and $30 annual fee for this year, for a total of $305.
Mr. Dalessandro amended his motion to Option E.
Roll call: Mr. Fortier
Mr. Dalessandro
Mr. Berry
The vote was 4-1. Motion carried.
- no
- yes
- yes
BUILDING OFFICIAL MATTERS:
Chmn. Carbano - yes
Mr. Hosey - yes
Mr. Eseltine updated the Board on the previous violation hearing for Florida Solar East,
commercial permits, and new Wind Load information.
BOARD MATTERS:
Election of a Vice Chairman was tabled to the next meeting with a full board present.
ATTORNEY MATTERS:
15 MINUTES TO PUBLIC:
None
None present.
Chair Carbano adjourned the meeting at 6:47 PM.
3
(6/19/12 db)
BOAF MODEL ADMINISTRATIVE CODE
FOR THE 2010 FLORIDA BUILDING CODE
12/10/11
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BOAF Model Administrative Code — 2010
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
at their winter meeting in Lake Mary on December 10, 2011
Copyright Notice
ALL RIGHTS RESERVED. The BOAF Model Administrative Code contains
substantial material owned and copyrighted by International Code Council, 900
Montclair Road, Birmingham, Alabama 35213-1206. The ICC has granted a non-exclusive
license to the Florida Department of Community Affairs 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 2009 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.
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Florida Building Code, Building 2010 Model Chapter One
CHAPTER 1
SCOPE AND ADMINISTRATION
PART 1—SCOPE AND APPLICATION
SECTION 101
GENERAL
101.1 Title. These regulations shall be known as the
Florida Building Code hereinafter referred to as "this
code."
101.2 Scope. 'The provisions of this code shall apply
to the construction, alteration, movement,
enlargement, replacement, repair, equipment, use and
occupancy, location, maintenance, removal and
demolition of every building or structure or any
appurtenances connected or attached to such
buildings or structures.
Exception:
l. Detached one- and two-family
dwellings and multiple single-family
dwellings (townhouses) not more than
three stories above grade plane in
height with a separate means of egress
and their accessory structures shall
comply with the Florida Building Code,
Residential.
2. Existing buildings undergoing repair,
alterations or additions and change of
occu ancy shall com ly with
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101.2.1 Appendices. Provisions in the appendices
shall not apply unless specifcally adopted herin:
Florida Residential Code:
Appendix A: Sizing and capacities of gas piping
Florida Energy Conservation Code:
Appendix C: Forms
Florida Fuel Gas Code:
Appendix A: Sizing and capacities of gas piping
Florida Plumbing Code:
Appendix E: Sizing of water piping systems
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101.3 Intent. The purpose of this code is to establish
the minimum requirements to safeguard the public
health, safety and general welfare through struchu-al
strength, means of egress facilities, stability,
sanitation, adequate light and ventilation, energy
conservation, and safety to life and property from fire
and other hazards attributed to the built environment
and to provide safety to fire fighters and emergency
responders during emergency operations.
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101.4 Referenced codes. The other codes listed in
Sections 101.4.1 through 101.4.8 and referenced
elsewhere in this code shall be considered part of the
requirements of this code to the prescribed extent of
each such reference.
101.4.2 Gas. The provisions of the Florida Building
Code, Fuel Gas shall apply to the installation of gas
piping from the point of delivery, gas appliances and
related accessories as covered in this code. These
requirements apply to gas piping systems extending
from the point of delivery to the inlet connections of
appliances and the installation and operation of
residential and commercial gas appliances and related
accessories.
101.4.2 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.
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. The provisions of
the International Private Sewage Disposal Code shall
apply to private sewage disposal systems.
101.4.5 Fire prevention. The provisions of the
Florida Fire Prevention Code shall apply to matters
affecting or relating to structures, processes and
premises from the hazard of fre and explosion
arising from the starage, handling or use of
structures, materials or devices; from conditions
hazardous to life, property or public welfare in the
occupancy of structures or premises; and from the
construction, extension, repair, alteration or removal
of fire suppression and alann systems or fire hazards
in the structure or on the premises from occupancy or
operation.
101.4.6 Energy. The provisions of the Florida
Building Code, Energy Conservation shall apply to
all matters governing the design and construction of
buildings for energy efficiency.
101.4.7 Accessibility. For provisions related to
accessibility, refer to Chapter 11 of the Florida
Building Code, Building.
101.4.8 Manufactured buildings. For additional
administrative and special code reyuirements, see
section 428, Florida Building Code, Building, and
Rule 9B-1 F.A.C.
SECTION 102 APPLICABILITY
102.1 General. Where there is a conflict between a
general requirement and a specific requirement, the
specific requirement shall be applicable. Where, in
any speciiic case, different sections of this code
specify different materials, methods of construction
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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 Chapter 34 of this
code. The following buildings, structures and
facilities are exempt from the Florida Building Code
as provided by law, and any further exemptions shall
be as determined by the legislature and provided by
law:
a) Building and structures specifically
regulated and preempted by the federal
government.
b) Railroads and ancillary facilities
associated with the railroad.
c) Nonresidential farm buildings on fanns.
d) Temporary buildings or sheds used
exclusively for construction purposes.
obile ar modular structures used as
temporary o�ces, except that the
provisions of Part II (Section 553.501-
553.513, Florida Statutes) relating to
accessibility by persons with disabilities
shall anplv to such mobile or modular
� Those structures or facilities of electric
utilities, as defined in Section 366.02,
Florida Statutes, which are directly
involved in the generation,
transmission, or distribution of
electricity.
g) Temporary sets, assemblies, or
structures used in commercial motion
picture or television production, or any
sound-recording equipment used in
such production, on or off the premises
h) Chickees constructed by the
Miccosukee Tribe of Indians of Florida
or the Seminole Tribe of Florida. As
used in this paragraph, the term
"chickee" means an open-sided wooden
hut that has a thatched roof of palm or
palmetto or other traditional materials,
and that does not incorporate any
electrical, plumbing, or other non-wood
features.
i) Family mausoleums not exceeding 250
square feet in area which are
prefabricated and assembled on site or
preassembled and delivered on site and
have walls, roofs, and a floor
constructed of granite, marble, or
reinforced concrete.
j) Temporary housing provided by the
Department of Corrections to any
prisoner in the state correctional system.
102.2.3 The building official shall appiy 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.
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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.
102.2.6 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.
102.3 Application of references. References to
chapter or section numbers, or to provisions not
specifically identifed by number, shall be construed
to refer to such chapter, section or provision of this
code.
102.4 Referenced codes and standards. The codes
and standards referenced in this code shall be
considered part of the requirements of this code to the
prescribed extent of each such reference. Where
differences occur between provisions of this code and
referenced codes and standards, the provisions of this
code shall apply.
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102.6 Existing structures. The legal occupancy of
any structure existing on the date of adoption of this
code shall be permitted to continue without change,
except as is specifically covered in this code, the City
of Sebastian Unsafe Structures Abatement Code or
the Florida Fire Prevention Code, or as is deemed
necessary by the building official for the general
safety and welfare of the occupants and the pubiic.
102.7 Relocation of manufactured buildings.
(1) Relocation of an existing manufactured building
does not constitute an alteration.
(2) A relocated building shall comply with wind
speed requirements of the new location, using the
appropriate wind speed map. If the existing building
was manufactured in compliance with the Standard
Building Code (priar to March l, 2002), the wind
speed map of the Standard Building Code shall be
applicable. If the existing building was manufactured
in compliance with the Florida Building Code (after
March 1, 2002), the wind speed map of the Florida
Building Code shall be applicable.
(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 on the surface of a roof be
installed in compliance with the requirements of the
Florida Building Code until the equipment is required
to be removed or replaced.
PART �ADMINISTRATION AND
ENFORCEMENT
SECTION 103 DEPARTMENT OF BUILDING
� SAFETY
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SECTION 104 DUTIES AND POWERS OF
BUILDING OFFICIAL
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104.9 Approved materials and equipment.
Materials, equipment and devices approved by the
building official shall be constructed and installed in
accordance with such approval.
104.9.1 Used materials and equipment. The use of
used materials which meet the requirements of this
code for new materials is permitted. Used equipment
and devices shall not be reused unless approved by
the building officiaL
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 specifcally prescribed by this code,
provided that any such alternative has been approved.
An alternative material, design or method of
construction shall be approved where the building
official finds that the proposed design is satisfactory
and complies with the intent of the provisions of this
code, and that the material, method or work offered
is, for the purpose intended, at least the equivalent of
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that prescribed in this code in quality, strength,
effectiveness, fire resistance, durability and safety. .
When alternate life safety systems are designed, the
SFPE Engineering Guide to Performance-Based Fire
Protection Analysis and Design of Buildings, or other
methods approved by the building official may be
used. The building official shall require that
sufficient evidence or proof be submitted to
substantiate any claim made regarding the alternative.
104.11.1 Research reports. Supporting data, where
necessary to assist in the approval of materials or
assemblies not specifically provided for in this code,
shall consist of valid research reports from approved
sources.
104.11.2 Tests. Whenever there is insufficient
evidence of compliance with the provisions of this
code, or evidence that a material or method does not
conform to the requirements of this code, or in order
to substantiate claims for alternative materials or
methods, the building official shall have the authority
to require tests as evidence of compliance to be made
at no expense to the jurisdiction. Test methods shall
be as specified in this code or by other recognized
test standards. In the absence of recognized and
accepted test methods, the building official shall
approve the testing procedures. Tests shall be
performed by an approved agency. Reports of such
tests shall be retained by the building official for the
period required for retention of public records.
104.11.3 Accessibility. Alternative designs and
technologies for providing access to and usability of
a facility for persons with disabilities shall be in
accordance with Section 11.2.2.
SECTION 105 PERMITS
105.1 Required. Any owner or authorized agent who
intends to construct, enlarge, alter, repair, move,
demolish, or change the occupancy of a building or
structure, or to erect, install, enlarge, alter, repair,
remove, convert or replace any impact resistant
coverings, electrical, gas, mechanical or plumbing
system, the installation of which is regulated by this
code, or to cause any such work to be done, shall first
make application to the building o�cial and obtain
the required permit.
105.1.1 Annual facility permit. In lieu of an
individual permit for each alteration to an existing
electrical, gas, mechanical, plumbing or interior
nonstructural office system(s), the building official is
authorized to issue an annual permit for any
occupancy to facilitate routine or emergency service,
repair, refurbishing, minor renovations of service
systems or manufacturing equipment
installations/relocations. The building official shall
be notified of major changes and shall retain the right
to make inspections at the facility site as deemed
necessary. An annual facility permit shall be assessed
with an annual fee and shall be valid for one year
from date of issuance. A separate permit shall be
obtained for each facility and for each construction
trade, as applicable. The permit application shall
contain a general description of the parameters of
work intended to be performed during the year.
105.1.2 Annual permit records. The person to
whom an annual permit is issued shall keep a detailed
record of alterations made under such annual permit.
The building official shall have access to such
records at all times or such records shall be filed with
the building official as designated.
105.1.3 Food permit. As per Section 500.12, Florida
Statutes, a food permit from the Department of
Agriculture and Consumer Services is required of any
person who operates a food establishment or retail
store.
105.2 Work exempt from permit. Exemptions from
permit requirements of this code shall not be deemed
to grant authorization for any work to be done in any
manner in violation of the provisions of this code or
any other laws or ardinances of this jurisdiction.
Permits shall not be required for the following:
Building:
1. Painting, papering, tiling, carpeting, cabinets,
counter tops and similar finish work.
2. Temporary motion picture, television and theater
stage sets and scenery.
3. Prefabricated swimming pools accessory to a
Group R-3 occupancy that are less than 24 inches
deep, do not exceed 5,000 gallons and are installed
entirely above ground.
4. Swings and other playgound equipment accessory
to detached one- and two-family dwellings.
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5. 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.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter
approval of equipment or make such equipment
unsafe.
MechanicaL•
l. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any
heating or cooling equipment regulated by this code.
5. Replacement of any part tl�at does not alter its
approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10
pounds (5 kg) or less of refrigerant and actuated by
motors of 1 horsepower (746 Vl� or less.
8. The installation, replacement, removal or metering
of any load management control device.
Plumbing:
l. The stopping of leaks in drains, water, soil, waste
or vent pipe, provided, however, that if any concealed
trap, drain pipe, water, soil, waste or vent pipe
becomes defective and it becomes necessary to
remove and replace the same with new material, such
work shall be considered as new work and a permit
shall be obtained and inspection made as provided 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.
105.2.1 Emergency repairs. Where equipment
replacements and repairs must be performed in an
emergency situation, the permit application shall be
submitted within the next working business day to
the building official.
105.2.2 Minor Repairs. Ordinary minor repairs �
�� � � � �� �� �'"���� �� 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 or mechanical
or other work affecting public health or general
safety, and such repairs shall not violate any of the
provisions of the tectuiical codes.
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105.3 Application for permit. To obtain a permit,
the applicant shall first file an application therefor in
writing on a form furnished by the department of
building safety for that purpose.
Permit application forms shall be in the format
prescribed by a local administrative board, if
applicable, and must comply with the requirements of
Section 713.135(5) and (6), Florida Statutes.
Each application shall be inscribed with the date of
application, and the code in effect as of that date. For
a building permit for which an application is
submitted prior to the effective date of the Florida
Building Code, the state minimum building code in
effect in the permitting jurisdiction on the date of the
application governs the permitted work for the life of
the permit and any extension granted to the permit.
105.3.1 Action on application. The building officiai
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 there for. 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
MSWord2003 Revised 2/7/12/dh
therefor as soon as practicable. When authorized
through contractual agreement with a school board,
in acting on applications for permits, the building
official shail give fust priority to any applications for
the construction of, or addition or renovation to, any
school or educational facility.
105.3.1.2 No permit may be issued far 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:
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105.3.2 Time limitation of application. An
application for a permit for any proposed work shall
be deemed to have been abandoned ���-�� '�"�°� �
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 enfarcing 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 pertnit 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
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the application or unless the permit application fails
to satisfy the Florida Building Code or the enforcing
agency's laws or ordinances.
105.3.5 Identification of minimum premium
policy. Except as otherwise provided in Chapter 440,
Florida Statutes, Workers' Compensation, every
employer shall, as a condition to receiving a building
permit, show proof that it has secured compensation
for its employees as provided in Section 440.10 and
440.38, Florida Statutes.
105.3.6 Asbestos removal. Moving, removal or
disposal of asbestos-containing materials on a
residential building where the owner occupies the
building, the building is not for sale or lease, and the
work is performed according to the owner-builder
limitations provided in this paragraph. To qualify for
exemption under this paragraph, an owner must
personally appear and sign the building permit
application. The permitting agency shall provide the
person with a disclosure statement in substantially the
following form:
Disclosure Statement: State law requires asbestos
abatement to be done by licensed contractors. You
have applied for a permit under an exemption to that
law. The exemption allows you, as the owner of your
property, to act as your own asbestos abatement
contractor even though you do not have a license.
You must supervise the construction yourself. You
may move, remove or dispose of asbestos-containing
materials on a residential building where you occupy
the building and the building is not for sale or lease,
or the building is a farm outbuilding on your
property. If you sell or lease such building within 1
year after the asbestos abatement is complete, the law
will presume that you intended to sell or lease the
property at the time the work was done, which is a
violation of this exemption. You may not hire an
unlicensed person as your contractor. Your work
must be done according to all local, state and federal
laws and regulations which apply to asbestos
abatement projects. It is your responsibility to make
sure that people employed by you have licenses
required by state law and by county or municipal
licensing ordinances.
105.3.7 Applicable Code for Manufactured
Buildings. Manufacturers should be permitted to
complete all buildings designed and approved prior to
the effective date of a new code edition, provided a
clear signed contract is in place. The contract shall
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
Community Affairs.
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 jwisdiction shall not
be valid. The issuance of a permit based on
construction documents and other data shall not
prevent the building official from requiring the
correction of errors in the construction documents
and other data. The building official is also
authorized to prevent occupancy or use of a structure
where in violation of this code ar of any other
ordinances 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 six months after its issuance, or if
the work authorized by such permit is suspended or
abandoned for a period of six months after the time
the work is commenced.
105.4.1.1 If work has commenced and the permit is
revoked, becomes null and void, or expires because
of lack of progress or abandonment, a new permit
covering the 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
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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 if
issuance of the new permit.
105.4.1.3 Work shall be considered to be in active
progress when the permit has received an approved
inspection within 180 days. This provision shall not
be applicable in case of civil commotion or strike or
when the building work is halted due directly to
judicial injunction, order or similar process.
105.4.1.4 The fee for renewal reissuance and
extension of a permit shall be set forth by the
administrative authority.
105J 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. As per Section
713.135, Florida Statutes, when any person applies
for a building permit, the authority issuing such
permit shall print on the face of each permit card in
no less than 14 point, capitalized, boldfaced type:
"WARNING TO OWNER: YOUR FAILURE TO
RECORD A NOTICE OF COMMENCEMENT
MAY RESULT IN YOUR PAYING TWICE FOR
IMPROVEMENTS TO YOUR PROPERTY. IF
YOU INTEND TO OBTAIN FINANCING,
CONSULT WITH YOUR LENDER OR AN
ATTORNEY BEFORE RECORDING YOUR
NOTICE OF COMMENCEMENT."
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.
105.10 Certificate of protective treatment for
prevention of termites. A weather-resistant job-site
posting board shall be provided to receive duplicate
treatment certificates as each required protective
treatment is completed, providing a copy for the
person the permit is issued to and another copy for
the building permit files. The treatment certificate
shall provide the product used, identity of the
applicator, time and date of the treatment, site
location, area treated, chemical used, percent
concentration and number of gallons used, to
establish a verifiable record of protective treatment.
If the soil chemical barrier method for termite
prevention is used, fmal exterior treatment shall be
completed prior to fmal 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
near the water heater or electric panel.
105.12 Work starting before permit issuance.
Upon approval of the building official, the scope of
work delineated in the building permit application
and plan may be started prior to the final approval
and issuance of the permit, provided any work
completed is entirely at risk of the permit applicant
and the work does not proceed past the first required
inspection.
105.13 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
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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 ihe 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 siructural provisions of the technical
codes. In the event such architect or engineer is not
available, the owner shall employ in his stead a
competent person or agency whose qualifications are
reviewed by the building official. The building
official shall ensure that any person conducting plans
review is qualified as a plans examiner under Part XII
of Chapter 468, Florida Statutes, and that any person
conducting inspections is qualified as a building
inspector under Part III of Chapter 468, Florida
Statutes.
105.15 Onenin� nrotection. When any activity
requiring a building permit that is applied for on or
after July l, 2008, and for which the estimated cost is
$50,000 or more for a site built single family
detached residential structures that is located in the
wind borne debris region as defined in this Code and
that has an insured value of $750,000 or more, or, if
the site built single family detached residential
structures is uninsured or for which documentation of
insured value is not presented, has a just valuation for
the structure for purposes of ad valorem taxation of
$750,000 or more; opening protections as required
within this Code or Florida Building Code,
Residential for new construction shall be provided.
Exception: Single family residential structures
permitted subject to the Florida Building Code are
not required to comply with this section.
SECTION 106 FLOOR AND ROOF DESIGN
LOADS
106.1 Live loads posted. Where the live loads for
which each floor or portion thereof of a commercial
or industrial building is or has been designed to
exceed 50 psf (2.40 kN/m2), such design live loads
shall be conspicuously posted by the owner in that
part of each story in which they apply, using durable
signs. It shall be unlawful to remove or deface such
notices
106.2 Issuance of certificate of occupancy. A
certificate of occupancy required by Section 111 shall
not be issued until the floor load signs, required by
Section 106.1, have been installed.
106.3 Restrictions on loading. It shall be unlawful
to place, or cause or permit to be placed, on any floor
or roof of a building, structure or portion thereof, a
load greater than is permitted by this code.
SECTION 107 SUBMITTAL DOCUMENTS
107.1 General. Submittal documents consisting of
construction documents, 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
re uired by Cha ter 471, Florida Statutes ��
' �`� or Cha ter 481, Florida
Statutes . 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.
107.2 Construction documents. Construction
documents shall be in accordance with Sections
107.2.1 through 107.2.5.
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 when
approved by the building official. Construction
documents shall be of sufficient clarity to indicate the
location, nature and extent of the work proposed and
show in detail that it will conform to the provisions
of this code and relevant laws, ordinances, rules and
re lations, as determined b the buildin official.
' �
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107.2.1.1 Fire protection system shop drawings.
Shop drawings for the fue protection system(s) shall
be submitted to indicate conformance to this code
and the construction documents and shall be
approved prior to the start of system installation.
Shop drawings shall contain all information as
required by the referenced installation standards in
Chapter 9.
107.2.1.2 For roof assemblies required by the code,
the construction documents shall illustrate, describe,
and delineate the type of roofing system, materials,
fastening requirements, flashing requirements and
wind resistance rating that are required to be
installed. Product evaluation and installation shall
indicate compliance with the wind criteria required
for the specific site or a statement by an architect or
engineer for the specific site must be submitted with
the construction documents.
107.2.5.1 Design flood elevations. Where design
flood elevations are not specified, they shall be
established in accordance with Section 1612.3.1.
107.3 Examination of documents. The building
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:
l. 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 FAC 9B-
1.009, F.A.C., shall be sufficient for local permit
application documents of record for the modular
buildin�portion of the permitted project.
2. Industrial construction on sites where
design, construction and fire safety are supervised by
appropriate design and inspection
professionals and which contain adequate in-house
fire de artments and rescue s uads is exempt, subject
to ' � ° ; from review of
lans and ins ections, roviding ��
certify
MSWord2003 Revised 2/7/12/dh
that applicable codes and standards have been met
and supply appropriate approved drawings to local
building and fire-safety inspectors.
107.3.1 Approval of construction documents.
When the building official issues a permit, the
construction documents shall be 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.
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 lawfully authorized, and the
construction of which has been pursued in good faith
within 180 days after the effective date of this code
and has not been abandoned.
107.3.4 Design professional in responsibie charge
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107.3.4.3 Certifications by contractors authorized
under the provisions of Section 489.115(4)(b),
Florida Statutes, shall be considered equivalent to
sealed plans and specifications by a person licensed
under Chapter 471, Florida Statutes, or Chapter 481
Florida Statutes, by local enforcement agencies for
plans review for pernutting purposes relating to
compliance with the wind-resistance provisions of
the code or altemate 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 ri-uss
layout; all fenestration penetrations; flashing; and
rough opening dimensions; and all exterior
elevations:
Commercial Buildings:
Building
1. Site requirements:
Parking
MSWord2003 Revised 2/7/12/dh
Fire access
Vehicle loading
Driving/turning radius
Fire hydrantlwater supply/post indicator valve
(PIV)
Set back/separation (assumed property lines)
Location of specific tanks, water lines and sewer
lines
Flood hazard areas, flood zones, and design
flood elevations
2. Occupancy group and special occupancy
requirements shall be determined.
3. Minimum type of construction shall be
determined (see Table 503).
4. Fire-resistant construction requirements
shall include the following components:
Fire-resistant separations
Fire-resistant protection for type of construction
Protection of openings and penetrations of rated
walls
Fire blocking and draftstopping and calculated
fire resistance
5. Fire suppression systems shall include:
Early warning smoke evacuation systems
Schematic fire sprinklers
Standpipes
Preengineered systems
Riser diagram
Same as above.
6. Life safety systems shall be determined and
shall include the following requirements:
Occupant load and egress capacities
Early warning
Smoke control
Stair pressurization
Systems schematic
7. Occupancy load/egress requirements shall
include:
Occupancy load
Gross
Net
Means of egress
Exit access
Exit
Exit discharge
Stairs construction/geometry and protection
Doors
Emergency lighting and exit signs
Specific occupancy requirements
Construction requirements
Horizontal exits/exit passageways
8. Structural requirements shall include:
Soil conditions/analysis
Termite protection
Design loads
Wind requirements
Building envelope
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
9. Materials shall be reviewed and shall at a
minimum include the following:
Wood
Steel
Aluminum
Concrete
Plastic
Glass
Masonry
Gypsum board and plaster
Insulating (mechanical)
Roofing
Insulation
10. Accessibility requirements shall include the
following:
Site requirements
Accessible route
Vertical accessibility
Toilet and bathing facilities
Drinking fountains
Equipment
Special occupancy requirements
Fair housing requirements
11. Interior requirements shall include the
following:
Interior finishes (flame spread/smoke
development)
Light and ventilation
Sanitation
12. Special systems:
Elevators
Escalators
Lifts
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13. Swimming pools:
Banier requirements
Spas
Wading pools
Electrical
1. Electrical:
Wiring
Services
Feeders and branch circuits
Overcurrent protection
Grounding
Wiring methods and materials
GFCIs
2. Equipment
3. Special occupancies
4. Emergency systems
5. Communication systems
6. Low voltage
7. Load calculations
8. Design flood elevation
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
Mechanical
1. Energy calculations
2. Exhaust systems:
3. Clothes dryer e�aust
4. Kitchen equipment exhaust
5. Specialty exhaust systems
6. Equipment
7. Equipment location
8. Ma1ce-up air
9. Roof-mounted equipment
10. Duct systems
11. Ventilation
12. Combustion air
13. Chimneys, fireplaces and vents
14. Appliances
15. Boilers
16. Refrigeration
17. Bathroom ventilation
18. Laboratory
19. Design flood elevation
Gas
1. Gas piping
2. Venting
3. Combustion air
4. Chunneys and vents
5. Appliances
6. Type of gas
7. Fireplaces
8. LP tank location
9. Riser diagram/shutoffs
10. Design flood elevation
Demolition
1. Asbestos removal
Residential (one- and two-family)
1. Site requirements
Set back/separation (assumed property
lines)
2. Location of septic tanks
3. Fire-resistant construction (if required)
4. Fire
5. Smoke detector locations
6. Egess
Egress window size and location stairs
construction requirements
7. Structural requirements shall include:
Wall section from foundation through
roof, including assembly and materials
connector tables wind requirements
structural calculations (if required)
8. Flood hazard areas, flood zones, design
flood elevations, lowest floor
elevations, enclosures, equipment, and
flood damage-resistant materials
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9. Accessibility requirements: show/identify
accessible bath
10. Impact resistant coverings or systems
11. Exemptions.
1. Plans examination by the building
official shall not be required for the
following work:
2. Replacing existing equipment such
as mechanical units, water heaters,
etc.
3. Reroofs
4. Minor electrical, plumbing and
mechanical repairs
5. Annual maintenance permits
6. Prototype plans
7. Except for local site adaptations,
siding, foundations and/or
modifications.
8. Except for structures that require
waiver.
12. Manufactured buildings plan except for
foundations and modifications of
107.4 Amended construction documents. Work
shall be installed in accordance with the
constxuction documents, and any changes made
during construction that are not in compliance with
the - construction documents shall be
resubmitted for approval as an amended set of
construction documents.
107.5 Retention of construction documents. One
set of approved construction documents shall be
retained by the building official for a period of not
less than 180 days from date of completion of the
permitted wark, or as required by Florida Statutes
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 to the requirements of the technical codes as
to strength, stresses, strains, loads and stability. The
building official may without any examination or
inspection accept such affidavit, provided the
architect or engineer who made such affidavit agrees
to submit to the building official copies of inspection
reports as inspections are performed and upon
completion of the structure, electrical, gas,
mechanical or plumbing systems a certification that
the structure, electrical, gas, mechanical or plumbing
system has been erected in accardance 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 qualifed as a plans
examiner under Part XII of Chapter 468, Florida
Statutes, and that any person conducting inspections
is qualified as a building inspector under Part XII of
Chapter 468, Florida Statutes.
SECTION 108 TEMPORARY STRUCTURES
AND USES
108.1 General. The building official is authorized to
issue a permit for temporary structures and temporary
uses. Such permits shall be limited as to time of
service, but shall not be permitted for more than 180
days. The building official is authorized to grant
extensions for demonstrated cause.
108.2 Conformance. Temporary structures and uses
shall conform to the structural strength, fire safety,
means of egress, accessibility, light, ventilation and
sanitary requirements of this code as necessary to
ensure public health, safety and general welfare.
108.3 Temporary power. The building official is
authorized to give pertnission to temporarily supply
MSWord2003 Revised 2/7/12/dh
and use power in part of an electric installation before
such installation has been fully completed and the
final certificate of completion has been issued. The
part covered by the temporary certificate shall
comply with the requirements specified for
temporary lighting, heat or power in Chapter 27 of
the Florida Building Code, Building.
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
109.1 Prescribed fees. A permit shall not be issued
until fees authorized under Section 553.80, Florida
Statutes, have been paid. Nor shall an amendment to
a permit be released until the additional fee, if any,
due to an increase in the estimated cost of the
building, structure, electrical, plumbing, mechanical,
or gas systems, has been paid.
109.2 Schedule of permit fees. On buildings,
structures, electrical, gas, mechanical, and plumbing
systems or alterations requiring a permit, a fee for
each permit shall be paid as required, in accordance
with the schedule as established by the applicable
governing authority.
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109.4 Work commencing before permit issuance.
Any person who commences any work on a building,
structure, electrical, gas, mechanical or plumbing
system before obtaining the building official's
approval or the necessary permits shall be subject to a
penalty of 100 percent of the usual ermit fee in
addition to the repuired nermit fees
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SECTION 110 INSPECTIONS
110.1 General. Construction or work for which a
permit is required shall be subject to inspection by
the building official and such construction or work
shall remain accessible and exposed for inspection
purposes until approved. Approval as a result of an
inspection shall not be construed to be an approval of
a violation of the provisions of this code or of other
ordinances of the jurisdiction. Inspections presuming
to give authority to violate or cancel the provisions of
this code or of other ordinances of the jurisdiction
shall not be valid. It shall be the duty of the permit
applicant to cause the work to remain accessible and
ex osed for ins ection oses.
either the building official nor the jurisdiction
MSWord2003 Revised 2!7/12/dh
shall be liable for expense entailed in the removal or
replacement of any material required to allow
inspection.
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.
110.3 Required inspections. The building official,
upon notification from the permit holder or his or her
a ent shall make the followin ins ections, ��'
� � � ��, �
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:
V and shall at a minimum include the following
building components:
� Stem-wall
•Monolithic slab-on-grade
•Piling/pile caps
•Footers/grade beams
1.�. In flood hazard areas, upon placement of the
lowest floor, including basement, and prior to further
vertical construction, the elevation certification
2. Framin ins ection.
and shall at a minimum
include the following building components:
•Window/door framing `� �
•Vertical cells/columns
•LinteUtie beams
�Framing/trusses/bracing/connectors
•Draft stopping/fire blocking
•Curtain wall framing
•Energy insulation
•Accessibility.
•Verify rough opening dimensions are within
tolerances.
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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:
•Roof sheathing
•Wall sheathing
•Sheathing fasteners
•Roof/wall -in.
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4. Rooftn ins ection.
shall include the following
building components:
•Dry-in
•Insulation
•Roof coverings ..
•Flashing
S.Final inspection. To be made after the building is
completed and ready for occupancy.
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6. Swimming pool inspection.
First inspection to be made after excavation and
installation of reinforcing steel, bonding and main
,,
Final inspection to be made when the swimming pool
is complete and all required enclosure requirements
are in place. In order to pass final inspection and
receive a certificate of completion, a residential
swimming pool must meet the requirements relating
to pool safety features as described in Section
424.2.17.
7. Demolition inspections.
First inspection to be made after all utility
connections have been disconnected 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.
8. Manufactured building inspections.
The building department shall inspect construction of
foundations; connecting buildings to foundations;
installation of parts identified on plans as site
installed items, joining the modules, including utility
crossovers; utility connections from the building to
utility lines on site; and any other work done on site
which requires compliance with the Florida Building
Code. Additional inspections may be required for
public educational facilities (see Section 423.27.20).
9. Where impact resistant coverings or impact
resistant systems are used, 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
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, %reblocking and bracing is in place
and prior to the installation of wall or ceiling
membranes.
MSWord2003 Revised 2/7/12/dh
3. Final inspection. To be made after the
building is complete, all required electrical iixtures
are in place and properly connected or protected, and
the structure is ready for occupancy.
Plumbing
1. Underground inspection. To be made after
trenches or ditches are excavated, piping installed,
and before any backfill is put in place.
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.
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 P312 of the Florida Building Code,
Plumbing for required tests.
Mechanical
1. Underground inspection. To be made after
trenches or ditches are excavated, undergound duct
and fuel piping installed, and before any backfill is
put in place.
2. Rough-in inspection. To be made after the
roof, framing, fire blocking and bracing are in place
and all ducting, and other concealed components are
complete, and prior to the installation of wall or
ceiling membranes.
3. Final inspection. To be made after the
building is complete, the mechanical system is in
place and properly connected, and the structure is
ready for occupancy.
Gas
1. Rough piping inspection. To be made after
all new piping authorized by the permit has been
installed, and before any such piping has been
covered or concealed or any fixtures or gas
appliances have been connected.
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.
110.3.3 Reinforcing steel and structural frames.
Reinforcing steel or structural frame work of any part
of any building or structure shall not be covered or
concealed without first obtaining a release from the
building official.
110.3.4 Termites. Building components and
building surroundings required to be protected from
termite damage in accordance with Section 1503.6,
Section 2304.13 or Section 2304.11.6, specifically
required to be inspected for termites in accordance
with Section 2114, or required to have chemical soil
treatment in accordance with Section 1816 shall not
be covered or concealed until the release from the
building official has been received.
110.3.5 Shoring. For threshold buildings, shoring
and associated formwork or falsework shall be
designed and inspected by a Florida licensed
professional engineer, employed by the permit holder
or subcontractor, prior to any required mandatory
inspections by the threshold building inspector.
110.3.7 Threshold building.
110.3.7.1 The enforcing agency shall require a
special inspector to perform structural inspections on
a threshold building pursuant to a structural
inspection plan prepared by the engineer or architect
of recard. The structural inspection plan must be
submitted to the enforcing agency prior to the
issuance of a building pernut for the construction of a
threshold building. The purpose of the structural
MSWord20Q3 Revised 2/7/12/dh
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 inspectar 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.
110.3.7.2 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), may designate such building as a
threshold building, subject to more than the minimum
number of inspections required by the Florida
Building Code.
110.3.7.3 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.
110.3.7.4 Each enforcement agency shall require that,
on every threshold building:
110.3.7.4.1 The special inspector, upon completion of
the building and prior to the issuance of a certifcate
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 struchual 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."
110.3.7.4.2 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.
110.3.7.4.3 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.
110.3.7.4.4 All plans for the building which are
required to be signed and sealed by the architect or
engineer of record contain a statement that, to the
best of the architect's or engineer's knowledge, the
plans and specifications comply with the applicable
minimum building codes and the applicable fire-
safety standards as determined by the local authority
in accordance with this section and Chapter 633,
Florida Statutes.
110.3.7.5 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 'm 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.
110.3.7.6 The building department may allow a
special inspector to conduct the minunum 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 build'mgs required by
Section 553.79(5), Florida Statutes, are in addition to
the minimum inspections required by this code.
� 110.3.9 Special inspections. Reserved.
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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.
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.
SECTION 111 CERTIFICATE OF
OCCUPANCY AND COMPLETION
111.1 Use and occupancy. No building or structure
shall be used or occupied, and no change in the
existing occupancy classification of a building or
structure or portion thereof shall be made, until the
building official has issued a certificate of occupancy
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 under Section
105.2.
111.2 Certificate issued. After ihe building official
inspects the building or structure and finds no
violations of the provisions of this code or other laws
that aze enforced by the department of building
safety, the building official shall issue a certificate of
occupancy that contains the following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner.
4. A description of that portion of the structure for
which the certificate is issued.
5. A statement that the described portion of the
structure has been inspected for compliance with the
requirements of this code for the occupancy and
division of occupancy and the use for which the
proposed occupancy is classified.
6. For buildings and structures in flood hazard azeas,
a statement that documentation of the as-built lowest
floor elevation has been provided and is retained in
the records of the department of building safety.
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.
ll. The design occupant load.
12 . If an automatic sprinkler system is provided,
whether the sprinkler system is required.
13 . Any special stipulations and conditions of the
building permit.
111.3 Temporary 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 certifcate of occupancy is valid.
111.4 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
certiiicate does not grant authority to occupy a
building, such as shell building, prior to the issuance
of a Certificate of Occupancy.
111.5 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, ar on the basis of incorrect
information supplied, or where it is determined that
the building or structure or portion thereof is in
violation of any ordinance or regulation or any of the
provisions of this code.
SECTION 112 SERVICE UTILITIES
112.1 Connection of service utilities. No person
shall make connections from a utility, source of
energy, fuel or power to any building or system that
is regulated by this code for which a permit is
required, until released by the building official.
112.2 Temporary connection. The building official
shall have ihe authority to authorize the temporary
connection of the building or system to the utility
source of energy, fuel or power.
112.3 Authority to disconnect service utitities. 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
MSWard2003 Revised 2/7/12/dh
101.4 in case of emergency where necessary to
eliminate an immediate hazard to life or property or
when 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.
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. T'he 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 inembers 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
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SECTION 115 STOP WORK ORDER
115.1 Authority. Whenever the building official
fmds any wark regulated by this code being
performed in a manner either contrary to the
provisions of this code or dangerous or unsafe, the
building official is authorized to issue a stop work
order.
115.2 Issuance. The stop work order shall be in
writing and shall be given to the owner of the
property involved, or to the owner's agent, or to the
person doing the work. Upon issuance of a stop work
order, the cited work shall immediately cease.
The stop work order shall state the reason for the
order, and the conditions under which the cited work
will be permitted to resume.
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
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Legend:
Plain Text is from the FBC 2010
MSWord2003 Revised 2/7/12/dh
ARTICLE L IN GENERAL
Sec. 26-1. - Floor elevations.
(a) The minimum floor elevation of residential, duplex, multiple-family
residences, motels, ar hotels constructed in the city shall be no less than 18 inches above
the crown of the abutting improved street, and no less than six feet above mean sea
level, whichever is the higher elevation. Specific standards for properties located in a
flood Zone shall be in accordance with chapter 46 Floods.
(b) The minimum floor elevation of commercial and industrial structures,
private or public garages, cabanas, utility rooms, storage rooms and similar structures
constructed in the city shall be no less than six inches above the crown of the abutting
improved street. The elevations of floors where alley right-of-way exists shall not be less
than six inches above alley paving. The floor elevation cited under subsection (a) of this
section shall comply with the elevations specified in this subsection and shall be no less
than six feet above mean sea level, whichever is the higher elevation. Specific standards
for properties located in a flood Zone shall be in accordance with chapter 46 Floods.
(c) The federal flood insurance rate maps, as amended, for the city are
hereby incorporated into this Code by specific reference, a copy of which shall be
available for inspection by the public in the office of cEOmmunitv development. _._..--- �eieted: �ne ��ri ��e�k.
Sec. 26-2. - Blockage or unreasonable obstruction of flow of water prohibited.
It shall be unlawful to block or unreasonab�y, obstruct the natural flow of water or ,.....- �eieted: e
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designed drainage of water by any means, including construction, excavation, or fill of
land. During any construction activity involving clearing or fill, the perimeter of the
property shall be secured with a silt barrier meeting the standards of the water
management district for such devices.
Upon discovery of unreasonable obstructions to a public drainage facility during
construction, on the first such incident a stop work order shall be issued for the job site
and the contractor shall be given notice to restore the functional flow of water within 24
hours. If the drainage problem is not remedied within the 24 hows, the contractor shall
be given a citation in the initial amount of $500.00, and an additional fine shall be levied
in said amount for each 24 hour period thereafter until the obstruction is completely
remedied. Subsequent violation shall result in an immediate citation without waming in
accordance with this fine schedule. Additionally, no building code inspections will be
performed on a property found in violation of this section until it comes back into
compliance.
Any structure, driveway, pipe excavation, or fill of land in violation of this
section for more than 48 hours may be brought into compliance with tt�s section by the _.__...--- �eieted: e
city. The costs thereof shall be charged to both the contractor and owner and, if unpaid
after three days, shall constitute a lien upon the property equal in dignity to the lien for
taxes.
Appeals of any such citation shall be made to the construction board and must be
filed within 48 hours. The appeal shall be limited to the factual issues going to the
validity of the violation or the existence of prior violations.
Upon failure to pay citations or liens imposed under this section within three
days of issuance or, if appealed, within three days of resolution of such appeal, no
permits shali be issued for work in the city to the person owing such amounts.
Sec. 26-3. - Location of portable sanitary facilities.
It shall be a condition of every building permit that any temporary sanitary facilities,
I such as portable toilets, be located at ve construction site but shall not be placed _._ ..-- - oeieted: ct�e
within a public right-of-way in a manner that impedes the normal flow of traffic or
obstructs sidewalks, or within ten (10) feet of a waterway.
Sec. 26-4. - Trash receptacle required at site.
It shall be a condition of every building permit that enclosed containers be
located at the construction site sufficient for the storage and collection of loose debris,
paper, building waste or other trash produced by those working on the site. In no event
shall said trash receptacles be located with the right-of-way ar drainage improvements.
The number of containers required at the work site, and the frequency of disposal
thereof shall be determined in the sound discretion of the building inspector, based upon
the volume of refuse produced.
Construction materials or other debris cast or scattered upon any adjacent public
or private property as a result of construction activities shall be removed by the
contractor not later than the end of each work day, or earlier if said materials cause a
� nuisance. Is the sound discretion of the building official.
Sec. 26-5. - Maximum fill elevations.
(a) The maximum elevation to which fill may be placed upon a construction
site to be served by a septic system shall be one foot above either the elevation set for
the septic tank by the health department, or the applicable minimum floor elevation
pursuant to section 26-1, above, whichever is greater.
(b) The maximum elevation to which fill may be placed upon a construction
site not served by a septic system shall be one foot above the applicable minimum floor
elevation pursuant to section 26-1, above.
Sec. 26-6. - Hours of construction limitations.
Construction activities within the city limits shall only be allowed during the
hours of 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 5 p.m. on Saturday and
Sunday.
Sec. 26-7. - Display of building numbers.
(a) Defmition of building. For purposes of this section, the term "building"
shall include any structure that is designed for people to occupy or is designed for the
storage of goods in connection with a commercial, charitable, civic or religious activity.
The "building" shall be deemed to include a residence, a structure used in connection
with any business, and including a warehouse, but shall not include a residential garage
or a residential accessory building which is not used by any persons for purposes of
conducting a business or for purposes of sleeping.
(b) Display of building numbers required. All buildings shall have the
assigned address number displayed in a manner such that the building number is visible
from the public or private street on which the building fronts, regardless of whether mail
is delivered to the building. The address number to be displayed pursuant to this section
shall be the address number assigned by the city, and no other address number shall be
displayed except in accardance with the requirements of subsection (g) hereof.
(c) Condition of release of certificate of occupancy. A certificate of
occupancy will be not be issued for a new building until the address number has been
displayed in accordance with the provisions of this section.
(d) Timing of required compliance. All existing buildings which are not in
compliance with the provisions of this section shall be brought into compliance by the
owner of any such building within 14 days after the owner is provided with written
notice of noncompliance by the city.
(e) Criteria governing compliance. A building shall be considered in
compliance with the provisions of this section if the following criteria have been met:
(1) The address number is in Arabic numerals that are clear and in good
condition;
(2) The material utilized for the number is constructed of weather resistant
material and permanently affixed to the building or sign upon which it is
displayed;
(3) The color and type of material which forms the address number is such
that the address number is legible and reasonably identifiable from the
street or improved right-of-way upon which the building fronts;
(4) Residential buildings shall have the address number that is at least four
inches in height;
(5) Commercial and industrial buildings shall have its address number at
least five inches in height;
(6) All buildings which have a monument sign on the same lot or parcel of
land where the building is located shall display their address number on
such sign and said address numbers shall not be parallel to the street and
shall be on both sides of a two-sided sign.
(� Lots with more than one building. In addition to the criteria set forth in
subsection (e) hereof, if the owner of a parcel of a lot or tract of real property which has
only one street address has more than one building located on that lot or tract or real
property, then each building shall have a unit number assigned to it and the unit number
shall be displayed in a manner that allows it to be observed from the street or improved
road right-of-way upon which each such building fronts and in close proximity to the
main entrance to each such building.
(g) Lots with a building having more than one unit. If a building, which has a
single street address, has more than one residential unit, commercial unit or industrial
unit, each such unit shall be assigned a separate number and each separate unit shall
display its own unit number on or directly next to its main entrance for that unit. Each
unit number shall be not less than five inches in height. The requirements of this
paragaph are in addition to the requirements set forth in subsection (e) hereof.
Sec. 26-8. - Securing site during hurricane watch.
(a) Within 24 hours of issuance of an official hurricane watch or warning
within the city limits, all contractors are required to secure construction sites under their
control by:
(1) Removing all loose materials susceptible to becoming airborne during a
storm;
(2) Taking reasonable measures to secure any structures or partially
completed structures against wind intrusion; and
(3) Restoring normal drainage flow through any swales on the site, or
adjacent swales impacted by construction.
The city manager is authorized to promulgate, subject to council override by resolution,
reasonable regulations having the legal effect of law to establish reasonable standards
hereunder for securing a construction site.
(b) Violations hereof shall subject the contractor to penalties ranging from a
fine of up to $1,000.00 per site, suspension of a contractor license for up to six months,
or both. Actions for enforcement hereof shall be heard exclusively by the city
construction board. Prior warning is not a condition precedent to the bringing of an
enforcement action hereunder, and lack of actual notice of the existence of a hurricane
watch or warning shall not be considered a defense in an action for enforcement.
Secs. 26-9-26-30. - Reserved.
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 �nd which _,___.- - �eieted: �a r�e o��e oc�ne ��ry �ie�
shall be accessible to the public upon request during the normal business hours of the
community development deparhnent, �.Such codes, which shall be referred to as the __,,..-- �eteted: �a �e ��ri �ie�.
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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 Ordinance�_ ,,...--- �eieted: .
provided, however, the latest editions set forth in the Florida Statutes, as the same may
be amended from time to time. shall applv:
(1) Florida Building Code,� less and except Cha�ter 1, Administration; and _._.,. - �e�eted: .
Chapter l, Model Administrative Code 2010, Buildin� 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.
t--- - Formatted: Indent: First line: 0.5"
For purposes of determining compliance with the Florida Building Code, the city adopts
the followin�.�iesign strength wind s�eedsrfor risk categories I-IV as set forth in section
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1609 and figures 1609 A,B,C. Specifically shown in E�ibit A"Indian River Countv_
Ultimate Desi�n Wind Speeds".
Risk Category I: 150 mph
Risk Cate�ry II: 160 mph
Risk Cate�ry III and IV: 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
appiicable provisions of this Code.
Deleted: 3
DeICtCd: Standard Unsafe Building
Abatement Code, Southem Building
Code . _ Congress, 1985 edition.
Deleted: a
D@12tEd: ttuee second gust standard of
140 miles per hour.
(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 a�peals of
orders, decisions or determinations by the buildin� official relative to the application and
interpretation of the this code and the standard codes adopted by the citv ,..--- � �e�eted: pro��ae for �ne ��
� � � -- -- - - "' inte:pretation of the provisions of the
standard codes as amended herein.
Sec. 26-32. - Reserved. Deleted: ¶
Sec. 26-33. - Building official; appointment, quali�cations and duties.
(a) There shall be a building official for the city, who shall be appointed by
and serve at the pleasure of the city manager.
(b) The building official shall be qualified by education and training in
accordance with state law to perform the duties of his office.
(c) The building official shall have authority to receive applications and issue
building permits and to enforce the building code, building ordinances and
standard codes adopted by the city. Neither the building official nor anyone
under his direction shall enter any private property without the consent of the
owner. The repair, vacation or demolition of unsafe buildings or structures shall
be handled ursuant to the unsafe structures abatement code, as amended herein. .- - �eieted: ��e b��a�e abacemenc
P F-- - -
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�oae
SCC. 26-34. - Unsafe Structures Abatement Code = ue�eted: vn38re n�aa�gs; content of
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notice; hearing and appeal.
(a) Unsafe buildings and structures shall be abated accordin� to the nrovisions oft -- Formatted: Indent: First line: 0.5^
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the International Property Maintentance Code 2012 editions, �romulgated b r} the - rwrmatted: Font: Not Bold
International Code Council, Inc., subject to all amendments, modifications, or deletions
hereinafter contained,. -- Deleted: �
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� Formatted: Font: Not Bold
26-34.01 — Title. � Formatted: Indent: First line: 0"
(a) Title. T'hese re�ulations shall be known as the
Unsafe Structures Abatement Code of the City of Sebastian, hereinafter referred to as
"this code."
(b)Scope. The provisions of this code shall applv to all existing residential and
nonresidential structures and all existin� premises and constitute minimum reauirements
and standards for premises, structures, e uipment and facilities for protection from the
elements, life safe , safetv from fire and other hazards, and for safe and sanitary
maintenance: the responsibility of owners, operators and occupants- the occ�ancv of
existin� structures and premises, and for administration, enforcement and penalties.
(e)Intent. This code shall be construed to secure its expressed intent, which is to ensure
public health, safetv and welfare insofar as they are affected by the continued occupancy
and maintenance of structures and premises. Existing structures and �remises that do not
com�ly with these provisions shall be altered or repaired to provide a minimum level of
health and safet a�equired herein. Repairs, alterations, additions and chan�
occupancy in existing buildin�s shall complv with the Florida Existing Buildin Code.
(d) Severability. I:f a section, subsection, sentence, clause or phrase of this code is for
anv reason, held to be unconstihrtional, such decision shall not affect the validi , of the
remaininQ portions of this code.
26-34.02 — Applicability
�a� GeneraL Where there is a conflict between a�eneral requirement and a specific
requirement, the specific requirement shall govern. Where. in a specific case different
sections of this code specify different requirements, the most restrictive shall �overn.
(b) Maintenance. Equipment, systems, devices and safeguards required bv this code or
a previous re�ulation or code under which the structure or nremises was constructed
altered or repaired shall be maintained in �ood workin� order No owner operator or
occupant shall cause any service, facilitv, equipment or utilitv which is required to be
removed from or shut off from or discontinued for any occupied dwellino except for
such temporary interruption as necessary while repairs or alterations are inpro r� ess
The requirements of this code are not intended to provide the basis for removal or
abro�ation of fire protection and safet�vstems and devices in existin� structures
Except as otherwise snecified herein, the owner ar the owner's designated a�ent shall be
responsible for the maintenance of buildings structures and premises.
(c) Application of other codes. Repairs, additions or alterations to a structure or
chan�es of occupancy, shall be done in accordance with the procedures and provisions
of the Florida Existing Building Code. Nothing in this code shall be construed to cancel
modifv or set aside anv provision of the standard codes adopted by the Citv of Sebastian.
(dl Existing remedies. The provisions in this code shall not be construed to abolish or
impair existinQ remedies of the jurisdiction or its officers or agencies relatinp to the
removal or demolition of anv structure which is dan�erous unsafe and unsanitarv.
(e) Workmanship. Repairs, maintenance work, alterations or installations which are
caused directly or indirectly bv the enforcement of this code shall be executed and
installed in a workmanlike manner and installed in accordance with the manufacturer's
instructions.
�f) Historic buildin�s. The provisions of this code shall not be mandatory for existing
buildin�s or structures desianated as historic buildings when such bui]dings or structures
are judged bv the code offcial to be safe and in the public interest of health safetv and
welfare.
(�) Requirements not covered by code. Requirements necessarv for the stren�th
stabilitv or proper operation of an existin� fixture, structure ar equipment or for the
public safety, health and general welfare not specifically covered by this code shall be
determined bv the code off.cial.
(h) Other laws. The provisions of this code shall not be deemed to nullifv anv
provisions of local, state or federal law.
26-34.03 — Definitions
(a) Scope. Unless otherwise expressly stated the followin� terms shall for the�umoses
of this code, have the meanin�s shown in this chapter.
(b) Interchangeabilitv. Words stated in the nresent tense include the future� words
stated
in the masculine �ender include the feminine and neuter: the singular number includes
the plural and the plural, the sin ug Iar•
(c)Terms defi�ed in other codes. Where ternls are not defined 'm this code and are
defined in the Florida Building Code. Florida Fire Prevention Code or Code of
Ordinances of the City of Sebastian, such terms shall have the meanings ascribed to
them as stated in those codes.
(d) Terms not defined. Where terms are not defined through the methods autharized by
this section, such terms shall have ordinarily accepted meanin�s such as the context
implies.
(e) Parts. Whenever the words "dwellin� unit," "dwellin� " "premises " "building "
"roomin� house," "rooming unit," "housekeepin� unit" or "storv" are stated in this code
they shall be construed as thou they were followed by the words "or anv part thereof "
26-34.04 — General dei►nitions
Anchored. Secured in a manner that provides positive connection.
Approved. Approved by the buildin� official.
Basement. That portion of a buildin� which is partly or completelv below rade.
Bathroom. A room containing plumbing fixtures including a bathtub or shower.
Bedroom. Anv room or space used or intended to be used for sleepin� purposes in either
a dwellin� or slee�n� unit.
Building official. The official who is charged with the administration and enforcement
of this code, or anv duly authorized representative.
Detached. When a structural element is phvsicallv disconnected from another and that
connection is necessary to provide a positive connection.
Deterioration. To weaken, disinteQrate, corrode, rust or decav and lose effectiveness.
Dwellin� unit. A sin lg e unit providing complete, independent living facilities for one or
more persons, including permanent provisions for livin ,Q sleepin� eating cookin� and
sanitation.
Easement. That oortion of land or propertv reserved for present or future use bv a
person or a�ency other than the legal fee ownerL of the property. The easement shall be
permitted to be for use under, on or above a lot or lots.
Exterior property. The open space on the premises and on adjoinine propertv under the
control of owners or operators of such premises.
Guard. A building component or a system of building components located at or near the
open sides of elevated walkin� surfaces that minimizes the oossibility of a fall from the
walking surface to a lower level.
Habitable s�ace. Space in a structure for living,. sleepine, eating or cookin�.
Bathrooms, toilet rooms, closets, halls, storage or utilitv spaces, and similar areas are not
considered habitable�aces. . -- - - - - - - - -- -- - - - ---- -----..... Formatted: Font: Not ttauc
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Imminent dan�er. A condition which could cause serious or life-threatening in,L or
death at an, t�ime.
Infestation. The presence, within or conti�uous to, a structure orpremises of insects.
rats, vermin or other pests.
Labeled. Eauipment, materials or products to which have been affixed a label, seal
symbol or other identifvin� mark of a nationallv reco�nized testin� laboratory;
inspection a�ency or other organization concerned with product evaluation that
maintains periodic inspection of the production of the above-labeled items and whose
labelin� indicates either that the e�pment, material or product meets identified
standards or has been tested and found suitable for a specified purpose.
Let for occupancv or Let. To permit, provide or offer possession or occupancv of a
dwellin�;, dwelling unit, roomine unit, building�premise ar structure bv a person who is
or is not the legal owner of record thereof pursuant to a written or unwritten lease
a�reement or license, or pursuant to a recorded or unrecorded a�reement of contract for
the sale of land.
Ne lect. The lack of ro er maintenance for a buildin or structure.
Occupancy. The purqose for which a buildine ar portion thereof is utilized or occupied.
Occupant. Any individual livin� or sleepin� in a buildin�, or having possession of a
space within a building.
Openable area. That part of a window, skvlight or door which is available for
unobstructed ventilation and which opens directly to the outdoors.
Operator. Any person who has charge, care or control of a structure or premises which
is let or offered for occu�anc�
Owner. Anv person, a�ent, operator, firm or corporation havin� a le ag 1 or equitable
interest in the property; or recorded in the official records of the state county or
municipalitv as holdi.nQ title to the rp operty; or otherwise havin� control of the property,
includin� the �uardian of the estate of an sY uch person, and the executor or
administrator of the estate of such person if ordered to take nossession of real propertv
bv a court.
Person. An individual, comoration, partnership or an o�group acting as a unit.
Pest elimination. The control and elimination of insects, rodents or other pests bv
eliminatin� their harborage places; bv removing or making inaccessible materials that
serve as their food or water: by other ap rp oved pest elimination methods.
Premises. A lot lot or arcel of land easement or ublic wa includin an structures
thereon.
Public wav. Anv street, allev or similar parcel of land essentiallv unobstructed from the
�round to the sky, which is deeded, dedicated or otherwise permanentiv a�propriated to
the public for public use.
Rooming house. A buildin�anged or occupied for lodging, with or without meals,
for compensation and not occupied as a one- or two-family dwellin�
RoominE unit. Anv room or roup of rooms forming a sin�le habitable unit occupied or
intended to be occupied for sleepin� or living, but not for cookin� purposes.
SleepinE unit. A room or space in which people sleep, which can also include
permanent provisions for living, eatin� and either sanitation or kitchen facilities, but not
both. Such rooms and spaces that are also part of a dwelling unit are not sleepin� units.
Strict liabilitv offense. An offense in which the prosecution in a legal proceedin� is not
required to prove criminal intent as a part of its case. It is enoueh to prove that the
defendant either did an act which was prohibited, or failed to do an act which the
defendant was legallYrequired to do.
Structure. That which is built or constructed or a portion thereof.
Tenant. A person, corporation, partnership or group, whether or not the le�al owner of
record, occupying a buildin�portion thereof as a unit.
Toilet room. A room containin� a water closet or urinal but not a bathtub or shower.
Ventilation. The natural or mechanical process of supplyinQ conditioned or
unconditioned air to, or removing such air from, anv space.
Workmanlike. Executed in a skilled manner; e.g., �enerally plumb, level, square in
line, undama�ed and without marring adjacent work.
Yard. An open space on the same lot with a structure.
26-34.05 — Duties and powers of the building official
(a) 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 clari 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 waivin�requirements specificallyprovided for in this code.
(b) Inspections. The buildin� official shall make all of the required inspections or shall
accept reports of inspection b�pproved agencies ar individuals. All reports of such
inspections shall be in writin� and be certified by a Florida licensed Architect or
Engineer. The buildin� official is authorized to enga�e such expert oninion as deemed
necessarv to report upon unusual technical issues th.at arise, subject to the approval of
the ap�ointing authoritv.
(c) RiEht of entrv. VJhere it is necessarv to make an inspection to enforce the provisions
of this code, or whenever the building officiai has reasonable cause to believe that there
exists in a structure ar upon a premises a condition in violation of this code, the building
offcial is authorized to enter the structure or premises at reasonable times to inspect or
perform the duties imposed by this code, provided that if such structure or premises is
occupied the building official shallpresent credentials to the occupant and rec�uest entr�
If such struchire or premises is unoccupied, the buildinp official shall first make a
reasonable effort to locate the owner or otherperson having charge or control of the
structure or premises and request entry. If entry is refused, the buildin� official shall
have recourse to the remedies provided by law to secure entry.
(d) Identification. The buildin� official or appointee shall carry proper identification
when inspecting structures or premises in the performance of duties under this code.
26-34.06 — Violations
(a) Unlawful acts. It shall be unlawful for a person, firm or cor�oration to be in conflict
with or in violation of any of the provisions of this code.
(b) Notice af viotation. The building official shall serve a notice of violation or order in
accordance with Section 26-34.07.
(c) Prosecution of violation. Anv person failin� to com�ly with a notice of violation or _._..— - Formattea: rvot Hi9t,ii9nt
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order served in accordance with Section 26-34.07 shall be deemed guiltv of a
misdemeanor or civil infraction as determined by the local municipality, and the
violation shall be deemed a strict liabilitv offense. If the notice of violation is not
complied with, the buildin� official shall 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 occupancv of the structure in violation of the provisions of
this code ar of the order or direction made pursuant thereto. Any action taken bv the
authori having jurisdiction on such premises shall be charged against the real estate
upon which the structure is located and shall be a lien u�on such real estate.
(� Violation penalties. An�person who shall violate a provision of this code, or fail to
comply therewith, or with any of the requirements thereof, shall be subject to
prosecution in accordance with state or local laws. Each day that a violation continues _- � Formattea: Not Highlight
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after due notice has been served shall be deemed a separate offense.
(e) Abatement of vioiation. The imposition of the nenalties herein prescribed shall not
preclude the legal officer of the jurisdiction fron� institutin ag ppTOpriate action to
restrain, correct or abate a violation, or to prevent ille a�pancv of a buildin�,
structure or premises, ar to stop an ilte�al act, conduct, business or uti]ization of the
building, structure or premises.
26-34.07 — Notices and orders
(a) Notice to person responsibte. Whenever the building official determines that there
has been a violation of this code or has erounds to believe that a violation has occurred,
notice shall be given in the manner prescribed in Sections 26-34.07(b) and 26-34.07(�
to the person responsible for the violation as specified in this code. Notices for unsafe
structure procedures shall also compiy with Section 26-34.08(h).
�b) Form. Such notice prescribed in Section 26-34.07(a) shall be in accordance with all
of the followin�:
1. Be in writin�.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and whv the notice is beine issued.
- -�
4. lnclude a correction order allowin� a reasonable time to make the repairs and
improvements required to bring the buildinp or struchlre into compliance with the
provisions of this code.
5. Inform the propertv owner of the ri�ht to appeal.
6. Include a statement of the ri�ht to file a lien in accordance with Section 26-34.06(c).
(c) Method of service. Such notice shall be deemed to be properlv served if a cop.y
thereof is:
1. Delivered �ersonallv to the owner;
2. Sent bvi certified or first-class mail addressed to the last known address of the owner,
accordin� to the official recards of the Indian River County Propertv Appraiser or
3. If the notice is returned showin� that the letter was not delivered, a copy thereof
shall be posted in a conspicuous place in or about the structure affected bv such
notice.
(d) Penalties. Penalties for noncompliance with orders and notices shall be as set forth
in Section 26-34.06(d).
(e) Transfer of ownershi�. It shall be unlawful for the owner of anv buildine or .,,._-- - rwrmattea: rvoc H�9ni�9nt
- - - - _ -- -- - --- -- ------ --- --- -- --- - -----
structure who has received a compliance order or upon whom a notice of violation has
been served to sell, transfer, mort�age, lease or otherwise dispose of such buildine or
structure to another until the provisions of the compliance order or notice of violation
have heen compl.ied with, unless such owner shall first furnish the �rantee transferee
mortgagee or lessee a true copy of any compliance order or notice of violation issued b�
the buildin� official and shall fiarnish to the buildin� official a si�ned and notarized
statement from the �rantee, transferee, mort��ee or lessee, acknowled�in� the recei�t
of such compliance order or notice of violation and full�pting the responsibility
without condition for makin� the corrections or repairs required bv such compliance
order or notice of violation.
26-34.08 — Unsafe structures and equipment
(a� General. When a structure or equipment is found bv the buildin� offcial to be
unsafe, or when a structure is found unfit for human occupancv, or is found unlawful
such structure shall be declared unsafe pursuant to the provisions of this code.
(b) Unsafe structures. An unsafe stiucture is one that is found to be dan�erous to the
life, health, property or safety of the public or the occupants of the structure bv not
providin� minimum safe�uards toprotect or warn occupants in the event of fire or
because such structure contains unsafe e uipment or is so dama�ed, decayed
dilapi.dated, structurally unsafe or of such faultv construction or unstable foundation
that it is not capable of resistin� winds or similar loads as required bv the Florida
Building Code or partial or complete colla�se is possible.
�c) Unsafe equipment. Unsafe equipment includes an�boiler, heating equipment
elevator, movin� stairwav, electrical wiring or device, flammable liquid containers or
other equipment on the premises or within the structure which is in such disre ap ir or
condition that such equipment is a hazard to life, health, property or safetv of the public
or occupants of the premises or structure.
(d) Structure unfit for human occupancy. A structure is unfit far human occupancv
whenever the buildin� official imds that such structure is unsafe, unlawful or because of
the deQree to which the structure is in disrepair or lacks maintenance, is unsanitary,
vermin or rat infested contains filth and contamination or lacks ventilation
illumination, sanitarv or heatin� facilities or other essential equipment required bv the
Florida BuildinQ Code, or because the location of the structure constitutes a hazard to
the occupants of the structure or to the public.
(e) Unlawful structure. An unlawful structure is one found in whole or in part to be
occupied by more persons than permitted under the standard codes of the Citv of
Sebastian, or was erected, altered or occupied contrary to law.
(� Unsafe structure or premises. For the purpose of this code, any structure ar
premises that has any or all of the conditions or defects described below shall be
considered unsafe:
1. Any door, aisle, passa�ewav, stairway, exit or other means of e�ress that does not
provide a safe path of travel in case of fire or panic.
2. Anv portion of a buildin�, structure or appurtenance that has been damaged bv fire
earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or bv any
other cause to such an extent that the shuctural integrity of the building or structure
is less than it was prior to the damage and is less than the minimum requirements
established bv the Florida Building Code for new buildin�s or it is likey to partially
or completel�pse, or to become detached or dislod�ed.
3. An�portion of a buildin , or any member, appurtenance or ornamentation on the
exterior thereof that is not of sufficient strength or stabilitv, ar is not so anchored
attached or fastened in place so as to be capable of resistin� wind or similar loads as
required by the Florida Building Code for new buildlllgs.
4. Anv buildin� or structure, or any portion thereof, is clearly unsafe or unsanitarv for
its use and occupancy_
5. Anv buildin.� or structure that is ne�lected, damaged, dilapidated unsecured or
abandoned so as to become an attractive nuisance to children who might pla�m the
building or structure to their dan�er or enables persons to resort to the buildin� or
structure for committing a nuisance or an unlawful act.
6. Any building or structure that has been constructed, exists or is maintained in
violation or prohibition of anv specific requirement applicable to such buildin�or
structure bv the standard codes of the citv, countv or state law to such an extent as to
present either a substantial risk of fire, building collapse or any other threat to life
and safetv.
7. A building or structure used or intended to be used for dwellin�purposes that
because of inadequate maintenance, dilapidation, decay, damage faulty construction
or arran�ement, inadequate li�ht, ventilation, mechanical or plumbin� svstem or
otherwise, is determined by the code official to be unsanitarv unfit for human
habitation or in such a condition tliat is likely to cause sickness or disease.
�g) Closing of vacant structures. If the structure is vacant and unfit for human
habitation and occupancy, and is not in danger of structural collapse, the code official is
autharized to post an unsafe structure placard on the premises and order the structure
closed up so as not to be an attractive nuisance. Upon failure of the owner to close u�
thepremises within the time specified in the order, the building official sha11 cause the
premises to be closed and secured throu 1 any available public agenc�y contract or
anan�ement by �rivate persons and the cost thereof sha1.1 be char�ed against the real
estate upon which the structure is located and shall be a lien u�on such real estate and
may be collected by any other legal resource.
(h) Notice. Whenever the building official has declared a struchare or ec�uipment unsafe
under the provisions of this section, notice shall be posted in a conspicuous place in or
about the structure affected bv such notice and served on the owner or the person or
nersons responsible for the structure or equipment in accordance with Section 26-
34.07(c). If the notice pertains to equipment, it shall also be placed on the unsafe
e�c uipment. The notice shall be in the form prescribed in Section 26-34.07(b).
(i) Placarding. Upon failure of the owner or person responsible to com�lv with the
notice provisions within the time �iven, the building official shall post on the premises
or on defective equipment a placard bearin� the ward "Unsafe" and a statement of the
penalties provided for occupying the premises, operatin� the equipment or removing the
lap card.
(j) Placard removal. The building official shall remove the unsafe placard whenever the
defect or defects upon which the unsafe condition and placarding action were based have
been eliminated. An�person who defaces or removes an unsafe placard without the
approval of the buildin� official shall be subject to the penalties provided by this code.
(k) Prohibited occupanev. An�pied structure declared unsafe and placarded by
the buildin� official shall be vacated as ordered bv the buildin� official. Any person who
shall occup�placarded premises or shall operate placarded equipinent, and anv owner
or any person responsible for the premises who shall permit anyone to occu��
placarded premises or operate placarded equiqment shall be liable for the nenalties
provided bv this code.
�1) Abatement methods. The owner, operator or occupant of a building_premises or
equipment deemed unsafe by the building official shall abate or cause to be abated or
corrected such unsafe conditions either by repair, rehabilitation, demolition or other
approved corrective action.
(mZRecord. The building official shall cause a report to be filed on an unsafe condition.
'Che report shall state the occupancv of the structure and the nature of the unsafe
condition.
26-34.09 — Emergencv measures
(a) Imminent danger. When, in the opinion of the buildin� official, there is imminent
dan�er of failure or collapse of a building or structure which endangers life, or when anv
stnacture or part of a structure has fallen and life is endan e�red by the occupation of the
structure, or when there is actual or potential danger to the building occu�ants or those
in the proximitv of any structure because of explosives, explosive fumes or vapors or the
presence of toxic fumes, gases or materials, or operation of defective or dan erous
equipment, the buildin� official is herebv authorized and empowered to order and
require the occupants to vacate the premises forthwith. The buildinQ official shall cause
to be posted at each entrance to such structure a notice reading as follows: "This
Structure Is Unsafe and Its Occupancv Has Been Prohibited bv the Building Official." It
shall be unlawful for anv person to enter such structure except for the pu orp se of
securin� the structure, makin the required repairs, removin� the hazardous condition or
of demolishing the same.
(b) Temporary safeguards. Notwithstandin� other provisions of this code, whenever,
in the opinion of the buildin{� official, there is imminent danger due to an unsafe
condition, the building official shall order the necessary work to be done, including the
boardin�up of openin�s, to render such structure temporarily safe whether or not the
lega�rocedure herein described has been instituted; and shall cause such other action to
be taken as the building official deems necessary to meet such emergenc�
(c) Costs of emergenc� repairs. Costs incurred in the performance of emer�encx work _.,.._..-- Formattea: rvot H�9hii9ht
t- - - --
shall be paid b�e jurisdiction. The le�al counsel of the jurisdiction may institute
appropriate action against the owner of the premises where the unsafe structure is or was
located for the recoverv of such costs.
(d) Hearing. An�person ordered to take emer�ency measures shall comply with such
order forthwith. Any affected person shall thereafter, upon petition directed to the
appeals board, be afforded a hearing; as described in this code.
26.34.10 — Demolition
(a) General. The buitdin� official shall order the owner of anv premises upon which is
located anv structure, which in the buildin�off'icial judQment after review is so
deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe,
unsanitarv or otherwise unfit for human habitation or occupancy, and such that it is
unreasonable to repair the structure, to demolish and remove such structure; or if such
structure is capable of being made safe bv repairs, to repair and make safe and sanitary,
or to board up and hold for future repair or to demolish and remove at the owner's
option; or where there has been a cessation of normal construction of any structure for a
period of more than two years, the building official shall order the owner to demolish
and remove such structure, or board up until future repair. Boarding the buildin ug p for
future repair shall not extend beyond one year, unless approved by the building official.
(b) Notices and orders. All notices and orders shall complv with Section 26-34.07.
(c) Failure to comply. If the owner of a premises fails to comply with a demolition
order within the time prescribed, the building official shall cause the structure to be
demolished and removed, either throu�h an availablepublic a�encv or bv contract or
arrangement with private persons, and the cost of such demolition and removal shall be
char ed aQainst the real estate upon which the structure is located and shall be a tax lien
upon such real estate.
(d) Salvage materials. When any structure has been ordered demolished and removed.
the �overnin� body or other designated officer under said contract or arran ement
aforesaid shall have the rig,ht to sell the salvage and valuable materials at the hi est
price obtainable. The net proceeds of such sale, after deducting the expenses of such
demolition and removal, shall be promptly remitted with a report of such sale or
transaction, including the items of expense and the amounts deducted, for theperson
who is entitled thereto, subject to anv order of a court. lf such a surplus does not remain
to be turned over, the report shall so state.
26-34.11— Swimmin� nools, s�as and hot tubs
(a) Swimming pools. Swimmin�pools, spas and hot tubs shall be maintained in a clean
and sanitary condition, and in good repair.
(b) Barriers. Residential swimmin� pools, hot tubs and spas, containing water more
than 24 inches in depth, shall have pool baniers as set forth in Section 26-138.
�- -- - -- ---- - -- - - -------------- -- ---- ---- -- - -- - --
� Sec. 26-35. - eserved.
-- --- - - - - - -- ----- - ----- - -- - --- -------- - ---- - - -- - - -- - -- --- -,
Sec. 26-36. - Refusal of permit for fire hazard.
No permit shall be granted for the construction or erection of any building,
structure or addition thereto if such building when completed will constitute a fire
hazard pursuant to the fire code adopted in section 42-46, the uniform fire standards in
F.S. ch. 633 or with the Florida Fire Prevention Code adopted in section 26-31 of this
Code of Ordinances.
Sec. 26-37. - Sanitary facilities required.
No permit shall be issued under this article for the construction or erection of any
building, structure or addition thereto unless the sanitary facilities to be provided thereby
shall meet the minimum requirements of the state regulations.
� Sec. 26-38.4 Reserved. � --
Sec. 26-39. - Reserved.
ISec. 26-40. - Construction board to serve,�s board of appeals.
(a) 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 buildin� official relative to the ap�lication and
interpretation of this code and the standard codes adopted� the citv
Deleted: ¶
If the building official finds that, in
accordance with the Standard Unsafe
Building Abatement Code, a building or
structure is unsafe, a notice of unsafe
building shall be issued to the owner of
record of the bwlding or structure. The
norice shall wntain, but not be limited to,
the following info�mation: ¶
� (1) . 'Ihe street address and legal
description of ihe building, swcture or
premises.¶
¶
(2) . A statement indicating the
building or swcture has been declared
unsafe ._ by the building of5cial, and a
detailed report documenting the
conditions . . detemuned ro have
rendered the building or structure unsafe
underthe _ .provisions ofthe Standard
Unsafe Building Abatement Code. ¶
¶
(3) . A statement advising that if the
following required action as determined
. by the building official is not
completed, it will be ordered vacated and
posted to prevent fmther occupancy
until the work is completed and the
building official may cause the work
to be done and all costs incumd
charged against the property of the
owner of record. ¶
¶
If the building official detemrines that the
building or structure is to be repaired, the
noace shall require that all necessary
pern�its be secured and the work
commenced within 60 days and coutinued
to completion within such time as �
Deleted: AppGcation for building
permit; feesQ
¶
(a) . Before any building or shucture of
whatsoever nature shall be erected or
constrvcted within the co:porate limiu of
the city, or any addition shall be made to
any existing building or struchue within
the corporate limits of the city, the owner,
contractor, person building or responsible
for building such building or struc�
Deleted: -
DEleted: Solar hot water and pool
heating systems; minimum standards;
permit; feea¶
9
(a) . All solar hot water and pool
heating systems installed in the city,
including but not limited to systems
installed for residential and commercial
uses, are hereby required to meet the
standards established by the Florida Solar
Energy Center, pursuant to F.S. §�„ �3�
Deleted: to interpnt standard codes
Deleted: provide the Snal interpretation
ofprovisions oftlus code and other
standazd codes adopted by the city.
(b) Decisions of the construction board, pursuant to this section, may be
appealed to the city council by filing a written appeal with the city clerk within ten days
of the decision of the construction board. It shall require three affumative votes of the
city council to override the construction board.
�c All references in the andard codes to the construction board of ;�` i
) � - - ;-- ------ - --- ------- ---- -----
adjustments and appeals shall be deemed to refer to the construction board. Except as
provided herein, the construction board shall have all the powers and duties of the
construction board of adjustments and appeals. An application of an appeal shall be
based on a claim that the true intent of the standard codes or the rules legally adopted
thereunder have been incorrectl�rpreted, the provisions of the standard codes do not :
fullv applv, or an equally nood or better form of construction is proposed. The board �
shall have no authority to waive requirements of the standard codes as aniended herein. :`
The board shall modi.fv or reverse the decision of the buildin� official only b� i
r�
concturing vote of a majority of the total number of appointed board members� !;;,,
�d) Where an aggrieved party decides to a�peal a decision, includinp a final
order, of the buildinQ of6cial, communitv development directar or administrative
official, the application of appeal shall be filed with the citv clerk within 10 da�
follawin� the staff decision. A�plications for a�peal to the board of adjustments and
appeals shall include a$175.00 processing fee•
Secs. 26-41-26-60. - Reserved.
I �
Sec. 26-6 – 26-65. - Reserved.
�.� --- - -- -- --------- - - - -- - --
Sec. 26-66. - Powers and duties of building official.
(a) The city building official is hereby authorized and directed to enforce the
provisions of this article. The building official shall have the authoritv to render
interpretations of the standard codes and to adopt policies and procedures in order to
clari the application and provisions. Such interpretations, policies and procedures shall
be in compliance with the intent and purpose of the standard codes, and shall not have
the effect of waivin� requirements specifically provided for therein. �
�b�------
believe that there exists in anv building or upon any premises anv condition or code
violation which makes such building, structure, premises, electrical, �as, mechanical or
plumbin� systems unsafe, dangerous or hazardous, the building offcial may enter such
building, structure or premises at all reasonable times to inspect the same or to perform
anv duty imposed upon the building official by this code. If such buildin or premises
are occupied, he shall first present proper credentials and request entrv. If such building,
'i�
!f�
; �';
DelEted: Florida Building
Deleted: C
Deleted: All references in the Florida
Fve Prevention Code to the boazd of
adjustrnenu and appeals shall be deemed
to refer to the conswction board. Except
as provided herein, the construction board
shall have all the powers and duties of the
board of adjustrnenu and appeals.
Deleted: ARTICLE III.
ELECTRICAL CODE¶
9
DIVISION 1. GENERALLY¶
Deleted: .
Deleted: -
D@I2tCd: Sec. 26-62. - Scope.¶
Q
.(a) . The provisions of the code
adopted in this article shall apply to all
electrical construction, installation,
alteration or repair and to all electrical
equipment and materials used, connected
to or installed in any building, structure
or appurtenance subject to tl�is azticle as
well as the maintenance thereof. ¶
�
(b) . No provision of such code shall be
held to deprive any federal or state
agency or any applicable goveming body
having jurisdiction of any power or
authority which it had on the effective
date of this article or of any remedy then
existing for the enforcement of its orders,
nor shall it deprive any individual or
corporation of its legal rights as provided
by law. ¶
�
Sec. 26-63. - Code remediaL¶
�
_ T'he code adopted in tLis article is
remedial and shall be construed to secure
the beneficial interesu and pwposes of
such code, which aze public safety, health
and general welfaze, through safety to life
and property from fire and other incidents
to the installation, a(teration, repair aod
maintenance of electrical wiring
apparatus or equipment for lights, heat,
power and other uses or purposes. ¶
�
sec. 26-6a. - Mainteu�o�c¶
¶
All electrical systems, wiring,
materials, devices and safeguards shall be
maintained in a safe condition. The owner
or 6is designated agen[ shall be
responsible for such maintenance. �q�
Deleted: , sometimes referred to in this
article as the electrical inspector, shall
enforoe the provisions of this article, and
he or his duly authorized representative
mHy enter any building, structure or
premises that is subjea to this article to
perfomi any duty imposed on him� �5�
Deleted: .
structure, or premises are unoccupied, he shall first make a reasonable effort to locate
the owner or other persons having charge or control of such and request entry. If entr�
refused, the building official shall have recourse to every remedy_provided by law to
secure entry.
• -- ---- --- - - ---- -- - -- - - - - - - - - -- - - -- - -- - - --- -- - -
- --- -- -- - --- - '
� --- - -z - ---- - - --- - -- - - - - -- - -- -- --- ------- - - --- - -- -- - --- - --- --
�] All buildin�s and structure�, re�ardless of type, which are unsafe or '��.,
� --- -- --�Y-- -- --- - -- ---- - ° - - --- - - --- - - - - . ,
which constitute a hazard to human life, health or welfare are hereby declared illegal and ``
shall be abated by repair and rehabilitation or by demolition in accordance with the
procedure as outlined in the unsafe structures abatement code.
, �,
(� _Upon notice from the buildin� official, work on any buildin�, structure, `. '�:;
electrical, gas, mechanical or plumbin�system that is being done contrary to the '. `'.'':?.
provisions of the standard codes or in a dan�erous or unsafe manner, shall immediately `,�`:
cease. Such notice shall be in writin� and shall be given to the owner of the �roperly, or `: �
to his agent, or to the person doin� the work, and shall state the conditions under which `�
work mav be resumed. Where an emergency exists, the building official shall not be
required to �ive a written notice prior to stopping the work.
� --- - - ----- ----- -- ---- - --- - - __... - - - - - --- - -- �' `
(�) The building official is authorized to suspend or revoke a permit issued `
- - - ` .
under the provisions of this code wherever the permit is issued in error or on the basis of `
incorrect, inaccurate or incomplete information, or in violation of any ordinance or `'.
regulation or an�provisions of this code.
. _- - -- ----- -- --- ---- ----- ----- -- --- ---- -- - - - - -- --- -- , .
(� The buildin� official ma� revoke a permit or approval, issued under the `., `,
- --- --- - • :
provisions of the standard codes, in case there has been any false statement or ', `.. `.,
misrepresentation as to the material fact in the application or plans on which the permit ', �
or approval was based. In all such cases, no permit fees shall be refunded._ `; '�.,
buildin� official that the construction, erection, alteration, repair, movin�, demolition ''�,'.
installation, ar replacement of the buildin�, structure, electrical, �as, mechanical or `,. `';
plumbin�ystems for which the permit was issued is in violation of, or not in `•,
conformity with, the provisions of the standard codes,�
. •, , ,
The building official may �ive temporar��ennission to connect and ,,:, �,,
�).._.._ -- -- - - -----
furnish electric current to an�n�apparatus or fixtures for a period of not exceeding `., '`,, �., `,'
30 days, if, in his opinion, such wirin�apparatus or fixtures are in such condition that '
current may safely be connected therewith, and there exists an urgent necessity for such `.
use, when written permission is filed with him, requestin such permission.
�_Any person failing or refusing to comply with any of the provisions of�•.
this section shall be guilty of a misdemeanor in the second degree and subject to fine or `��.
imprisonment as provided by section 1-10 of this Code.
Deleted: Upon notice from the building
official that work on any electrical
installation is being done contrary to the
provisions of this article or the code
adopted in tlils article, or in a dangerous
or unsafe manner, such work shall be
unmediately stopped. Such notice shall
be in writing and shall be given to the
owner of such property, or to his agent, or
to the person doing the work, and shall
state the conditions under which work
may be resumed. Where an emergency
e�sts, oral notice given by the building
official shall be sufficient. ¶
Deleted: (c)
Deleted: The building official may
revoke a pemut or approval issued under
the provisions of this article in case there
has been any false statement or
utisrepresentation as to the material fact
in the application or plans on which the
permit or approval was based. In all such
cases, no peimit fees shall be refunded.
Deleted: ¶
Deleted: d
Deleted: electrical installations
DeletE.d: electrical
Deleted: e
Deleted: It shall be the duty of the
building of5cial to issue permiu for and
inspect all electrical wiring apparatus or
equipment for lighu, heat, power and
other uses or purposes inside of or
attached to buildings, structures or
appurtenances subject to t6is azticle and
to look after the enforcement of laws,
niles and regulations relating [o such
elechical wiring apparatus or equipment.
Deleted: f
Deleted: The building o�cial may give
temporary pemiission to connect and
fiunish electric cwrent to auy wving
apparatus orfixtures for a period of not
exceeding 30 days, if, in his opinion, such
wiring apparatus or Sxtures are in such
condition t6at current may safely be
connected therewith, and there e�cists an
urgent necessity for such use, when
written pe�mission is 51ed with hi� f61
Deleted: g
Deleted: The building otHcial is hereby
empowered to inspect or reinspect a[ his
option all interior wires and appaz�
�e�eted: h
DE!ICted: Whenever any wiring
appazatus or fixture conducting or using
current for lights, hea[ or power is� �f
Deleted:i
Formatted: Indent: First line: 0.5"
Sec. 26-67. - Requirements not covered by code.
Any requirements necessary for the stren�th, stability, or proper operation of an
existing or proposed building, structure, electrical, gas, mechanical, or plumbin� svstem,
or for the public safety, health, or �eneral welfare, not specificallv covered in the
standard codes, shall be determined by the building official subject to appeal to the .,
°- - ----- -
Construction B�ard{
� Sec. 26-68 - 26-69.� Reserved.,
� ,lSec. 26-70. - Liability. `'
- ---- - --- ---- -- - - - - - ---- -- - - - - - - - -- — - - - - -------- - - ---- - - --.,
� Any officer or employee, or member of the Con�trusc—t on B_oarc�, charged with the
---- -
enforcement of any of the codes established by this article, acting for the applicable ��
governing body in the discharge of his or her duties, shall not b�Jiable personally for `�l
ordinary negligence, and he or she is hereby relieved from all �ersonal liability for i i
-� - - - -- - - - -- - - ---- -- -
ordinary negligence for any damage that may occur to persons or property as a result of `,;�'1
any act required or permitted in the discharge of his or her duties. Any suit brought `:��
against any officer1�m�loyee or member of the board u�on an�ct performed by him.or `:.�t
her in the enforcement of any provisions of such codes shall be defended by the city �:,°;
attorney until the fmal determination of the proceedings, and an�judgements shall be ``:
the responsibilitv of the City of Sebastian. �`
Secs. 26-71-26-80. - Reserved. �
�
ARTICLE III�PERMITS
Sec. 26-81. - Required; application.
(a) Before anv building or structure of whatsoever nature shall be erected or
constructed within the corporate limits of the city, or any addition shall be made to an_y
existing building or structure within the corporate limits of the city, the owner,
contractor, person buildin og r responsible for buildin�such building or structure or
making such addition thereto shall complete an application for a buildingpermit from
the city far such erection, construction or addition. No buildin� or structure shall be
erected in the city nor any addition made to anv existing building or structure in the city
unless a permit therefor has been �ranted as provided by this article and no work shall be
done in connection with any such building or addition unless such permit has been
granted. All applications for such permit shall be made to the building official. Such
applicati.ons shall be si�ned bv the applicant and shall state thereon:
(1) The location of the proposed structure, building or addition;
_�2) The owner and contractor or builder thereof;
Deleted: Any requirement necessary
for the safety of an existing or proposed
electrical wiring apparatus or eqwpment
not specifically covered by the code
adopted in tlils article shall be determined
by the bwlding official
Deleted: b
Deleted: of adjustment.
ue�etea: -
D212tEd: Eusriug ins[allations.
DCleted: .(a) . If more than 50 percent
of a system that dces not conform to this
article is remodeled or altered, the entire
system shall be reconstructed to confocm
to this article. ¶
�
(b) _ A cucuit of an existing system
which does not conform to this article
shall not be extended or added to until the
entire cirouit shall have been
reconshvcted to conform to this article. ¶
�
Sec. 26-69. - Board of adjushnent.¶
9
_ The city conswction boazd is hereby
made the boazd of adjustment of the
electrical code. ¶
9
Deleted: b
Deleted: of adjustrnent
DelMed:
DCIttEd: thereby render lumself
Deleted:
Deleted: or
DeICtCd: because of such
Deleted: DrvISION
Deleted: 2.
(3) The distance of the buildin� or structure from the street and property
lines;
_�4) The character of the buildin� and the material of which the walls and roof
are to be constructed�
(5) The purpose for which the buildin� is to be used; and
(6) The approximate cost and dimensions thereof. The buildin� permit fees
will be based on the �reater of the actual cost of the �roject or the approximate cost
gained from the latest edition of "International Code Council Building Valuation Data".
(7) The application shall have the ori in� al signature of the o��ner or his
authorized agent.
(a) No permit shall be issued until approved b ty he city buildinQ official. The
city building offcial shall approve or reject the application for permit within a
reasonable time after filing the submission of a�plication for permit.
(b) The buiidin� permit shall be issued b�the buildin� officia] u�on his
approval.
(c) Buildin� permit fees shall be established hy resolution.
• - - -- - ----- - -- ----------------
Sec. 26-82. - Drawings and specifications.
Whenever in the opinion of the building official, drawings and specifications are
needed to show defmitely the nature and character of the work for which the application
is made, the applicant shall furnish such drawings and specifications. These drawings
and specifications shall be drawn to scale and submitted in duplicate. If approved, one
set shall be returned to the applicant marked "Reviewed for Code Compliance", and one
� - -- -- - - - -
set shall be retained and filed as a permanent record in the office of the building official. `,
The applicant's approved set shall remain at all times on the job. Such information or `,
drawings and specifications shall be specific, and the�standard 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.
Sec. 26-83. - Examination of drawings.
The building official shall examine or cause to be examined each application for
a permit and the drawings and specifications which may be filed therewith, and shall
ascertain by such examination whether the work indicated and described is in `�..'.
•'-- --- - - -- -- - -- ---- ------- - - -- - ---- ---
accordance with the requirements of this article and all other pertinent laws or
ordinances. .
Formatted: Bullets and Numbering
Formatted: Indent: LeR: 0.5"
DCICted: Required. ¶
�(1) . No electrical wiring, alterations or
changes to existing systems or the
installation of electrical appazatus or
equipment for lighu, heat, power or
other uses or purposes within or
attached to any building or stsucture
subject to this azticle shall be
undertaken prior to the issuance of a
permit . thereFor. ¶
�
(2) _ Ordinary repa'us ro daznaged or
broken fixtures, apparatus or equipment
_ shall not require a permit.¶
�
(3) _ Where installation is commenced
be£ore a pemut is obtained, the permit
fees shall be doubled.¶
9
(b) . Application. Application for
peTmit shall be made on a form provided
by the building ofScial and shall be
accompanied by the fees set forth in the
schedule of fees. The application shall be
signed by the owner or lus authorized
agent. ¶
Deleted: approved
Deleted: electrical
Del2t2d: electrical installation
Sec. 26-84. - Action on application.
(a) If the building official is satisfed that the work described in an
application for permit and the drawings and specifications which may be filed therewith
conform to the requirements of this article and other pertinent laws and ordinances, he
� shall issue a permit therefore to the applicant.
(b) If the application for permit and the drawings and specifications which
may be filed therewith describe work which does not conform to the requirements of this
article or other pertinent laws or ordinances, the building official shall not issue a permit,
but shall return the drawings to the applicant with his refusal to issue such a permit.
� Such refusal shall, when requested, be in writing and shall contain the reasons therefore.
Sec. 26-85. - Conditions of permit.
� ja�T'he building official shall act upon an application for a permit with plans
as filed, or as amended, without unreasonable or unnecessary delay. Once issued, a
permit shall be construed to be a license to proceed with the work and shall not be
construed as authority to violate, cancel, alter, or set aside any of the provisions of this
article, nor shall such issuance of a permit prevent the building official from thereafter
requiring correction of errors in plans or in construction, or of violations of this article.
Any permit issued shall become invalid unless the work authorized by it shall have been
commenced within six 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 _: _..--- ueietea: one Yeaz
�--- ---_- - ---------- - -- - -- - -
commenced; work shall be considered to be in active pro�ress when the permit has
received an approved inspection within 180 days. If wark has commenced and the
permit is revoked, becomes null and void or expires because of lack of pro erg ss or
abandonment, a new permit covering the proposed construction shall be obtained before
proceedin� with the work. 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.
Alternativelv, a new permit mav be issued on application, provided the work in place
and required to complete the structure meets all a�plicable regulations in effect at the
time the initial permit became null and void and any regulations which mav have
become effective between the date of eamiration and the date of issuance of the new
permit. provided, that for cause, one or more extensions of time for periods not
exceeding 90 days each, may be allowed in writing by the building official. The fees for
renewal, reissuance and extension of a permit shall be set fortt� by resolution.
(b) Where equipment replacements and repairs inust be performed in an
emergency situation, the permit application shall be submitted within the next workin�
business day to the buildin� official.
I�c) Upon approval of the building official, the scope of work delineated in
', the buildin� permit application and plan may be started priar to final a�proval and
issuance of permit, provided any work completed is entirelx at risk of the permit
applicant and the wark does not proceed past the first required inspection.
Sec. 26-86. - Schedule of fees.
(a) No permit shall be valid until the fees prescribed in this article shall have
been paid; nor shall an amendment to a permit be approved until the additional fees, if
any, shall have been paid.
(b) If any person commences any work pefore obtaining the necessary _,_..- - ue�eted: on an elcetrical ins[allation
-----------------
permit, he shall be subject to the penalty prescribed in this article.
(c) When application for permit is approved and before a permit is issued, a
fee therefor shall be paid as established in a schedule of fees by resolution of the city
council.
Sec. 26-87. - Inspections.
(a) Construction or work for which a permit is required shall be subject to
inspection by the building official and such construction or work shall remain accessible
and exposed for inspection purposes until approved. A�proval as a result of an
inspection shall not be construed to be an apnroval of a violation of the provisions of the
standard codes or of other ordinances of the jurisdiction. Inspections presumin� ive
authority to violate or cancel the provisions of this code or of other ordivances of the
jurisdiction shall not be valid. It shall be the dutv of the permit a�plicant to cause the
work to remain accessible and exposed for inspection purposes. Neither the buildine r
official nor the City of Sebastian shall be liable for expense entailed in the removal or `
replacement of any material required to allow inspectiont ;' %`
-- - - - -- - --- - -- - -- - - -� ;
(b) The building official mav make, or cause to be made, the ins ections-'
required bv the standard codes. He or she may accept reports of de�artment inspectors
independent inspectors or of recognized inspection services, provided that after
investigation he/she is satisfed as to their licensure, qualifications and reliability. A
certificate required b�y provision of this code shall not be based on such reports
unless the same are recorded by the buildin� code inspector or the architect or en�ineer ;
performin� building code inspections in a manner specified bv the building official. The :l�
building ofiicial shall ensure that all persons makin� such inspections shall be certified ;:`
in accordance to Chapter 468, lorida Statutes� �
�- --. - ._. ..- ---------- -- ----- - - ------ - -
(c) It shall be the duty of the holder of the buildin�permit or their du(v
authorized agent to notify the building official when work is readv for inspection. lt
shall be the dutv of the permit holder to provide access to and means for ins�ections of
such work that are required bv the standard codes. To the maximum extent feasible,
scheduled inspections will be performed bv the next workin� business dav ;-
DBICtCd: All new electrical work, and
such portions of existing installations as
may be affected by new work or any
changes, shall be inspected to ensure
compliance with all the requvements of
this article and to asswe that the
installation and conswction of the
electrical system is in accordance with
approved plans.¶
Formatted: Indent: First line: 0.5"
Formatted: Font: Not Italic, No
underline
Formatted: Font: Not Italic, No
underline
DClet¢d: All raceways, wire aud cable
shall be in place and all joints made with
approved mechanical connectors. Service
switcb, dish-ibution panel and metering
center shall be set and wired. If due to
structural conditions, panels or meters, or
both, cannot be set, inspecrions may be
given at a lazer time with special
pemvssion of the building official, but
such devices shall be in place before the
system is energized with electric power.
No such wiring or installation shall be
considered ready for inspection until
compkted as specified in this article.
Circuit breakers shall be installed for
finalinspection.
DQIEtCd: When the electrical work in
any building for which a permit has been
obtained is ready for inspection, it shall
be the duty of the person in chazge of
work to give notice in writing on forms
fumished at the office of the building
official, stating the locatiou of the work
and the name of the person doing the
work.
(d) Work shall not be done beyond the point indicated in each successive
inspection without first obtaining the approval of the buildin� 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 noti the permit
holder or his or her agent wherein the same fails to comply with the standard codes. Any
portions that do not complv shall be corrected and such portion shall not be covered or
concealed until authorized bv the buildin� official.
' -- --- - -- - -- - - - - - -- - - - - - -----
(e) The iulal inspection shall be made after all work
permit is com�leted,
� iSec.26-88.�Certificate�foccupan� and comeetion
� �------------------------
(a) No buildin� or structure shall be used or occupied, and no change in the
existin occupancv classification of a building or stnacture or portion thereof shall be
made until the buildin� official has issued a certificate of occupancy therefor as
provided herein. Issuance of a certificate of occupancy shall not be construed as an
anproval of a violation of the provisions of the standard codes or of other ordinances of
the Cit�of Sebastian
� -- - - - - - - - - - - -------- - - - -- - - -- - - - - - ---
(b) The building official is authorized to issue a temporarvi certificate of
occupancy before the completion of the entire work covered by the permit, provided tha
such portion or portions shall be occupied safely. The buildin� official shall set a time
period during which the temporarvi certificate of occupancy is valicL
(c) The buildin� official is authorized to, in writing, suspend or revoke a
certificate of occupancv or completion issued under the provisions of the standard codes
wherever the certificate is issued in error or on the basis of incorrect infonnation
supplied, or where it is determined that the building or structure or portion thereof is in
violation of anv ordinance or regulation or any of the provisions of the standard codes.
Secs. 26-89 — Stop work order
�) Whenever the building official fmds any work regulated by this code
being performed in a manner either contrary to the provisions of this code or dan erous
or unsafe, the buildin� official is authorized to issue a sto�work order.
�'.
i ``
(b) The stop work order shall be in writin� and shall be given to the owner of
the property involved, or to the owner's a�ent, or to the person doinp the work. Upon
issuance of a stop work order, the cited work shall immediately cease. The stop work
order shall state the reason for the order and the conditions under which the cited work
will be permitted to resume. Where an emergency exists, the building official shall not
be required to give a written notice prior to stopping wark.
(c) An�person who shall continue anv work after havin� been served with a
stop work order, except such work as that person is directed toperform to remove a
Deleted: It shall be unlawfiil to lathe,
seal or in any manner conceal any
electrical wiring or equipment until such
wiring or equipment has been inspected
and approved. Service switch and
distriburion panel must be set and wired. ¶
frormatted: Indent: First line: 0.5"
Delet¢d: In large and complicated jobs,
the work may be inspected in sections, ou
the approval of the building official.
DEleted: .(� . It shall be unlawfiil for
any person to use any electric current in
or through any w'ving appazatus or fixture
for lighy heat or power in any building or
structure subject w this article before
such wiring appazatus or fixture shall
have been inspected and approved by the
building ot5cial. q
(g) . The electrical installation or part
thereof shall not be covered until it has
been inspected, tested and approved as
prescribed in this section. If an electrical
installation or part thereof is covered
before being inspected, tested and
�, approved, it shall be uncovered upon the
'; d'vection ofthe building official. ¶
L�
• �.. Deleted: -
Deleted:
D21�Cd: approval.
DeICtCd: Upon the satisfactory
completion ofthe slab inspection,
required when conduit is installed in or
under the slab, or the rough-in inspection,
approval shall be noted on the electrical
penuit card. This approval shall give the
daIe of each inspection and the initials of
the inspector making each inspectioa¶
Formatted: Indent: First line: 0.5"
Deleted: Upon the satisfactory
completion and Snal test of the electrical
installation, a cer[ificate of approval shall
be issued by the building otLcial to be
defivered to the owner.
Formatted: Indent: First line: 0.5"
violation or unsafe condition, shall be subject to penalties as prescribed bY section 1-10
(General penalty; continuina violations) and sections 2-194, 2-195 (Enforcement
�rocedures) of this code of ordinances.
Secs. 26-90-26-110. - Reserved.
ARTICLE IV. ENGERGY CODE
Secs. 26-111-26-135. - Reserved.
ARTICLE V. SWIMMING POOLS
Sec. 26-136. - Construction to conform to article.
No swimming pool shall be built or constructed except in conformity with the
provisions of this article and with the Florida Building Code adopted in section 26-31 of
this Code of Ordinances.
Sec. 26-137. - Permit.
(a) Applications for a permit for the construction, installation, alteration or major
repair of a swimming pool must be as set forth in the building code adopted by the city.
(b) No building permit shall be fmalized and no pool placed in use until the
requirements of this article are met.
Sec. 26-138. - Enclosure required.
Residential swimming pools, hot tubs and s�as, containine water more than 24 inches in
depth shall be completelv surrounded b�permanently installed fence or barrier of not
less than four feet in height above the finished u�round level measured on the side of the
barrier awav from the pool. Fences shall not be more than six feet in hei�ht. Gates and
doors in such barriers shatl be self-closing and self-latchin�. Gates that nrovide access to
the swimmin� pool must open ou.tward away from the pool. The self-latchin� device
shall be a minimum of 54 inches above the bottom of the gate; the release mechanism
may be located on either side of the gate and so placed that it cannot be reached b�
��g child over the top or through any opening or �ap from the outside. Self-closing
and self-latchin��ates shall be maintained such that the gate will positively close and
latch when released from an open position of 6 inches from the a�tepost. No existine
pool enclosure shall be removed, replaced or changed in a manner that reduces its
effectiveness as a safetv barrier. Residential swimming pool fence, barrier or enclosure
that is new, removed, repaired, replaced or modified shall be made to meet the
requirements of the pool safety act in FS 515. Each fence, barrier�r screen enclosure - neietea: av o��a�T sW�,�ng Poo�s
.--
- - - - - - - - - - - - - --- - -• shall be enclosed by either a covered
must be approved by the building official. S�reen en��os„re, or by a fence of no[ less
than four feet in height and not more than
Exception: Spas ar hot tubs with a safety cover that complies with ASTM F 1346 shall six feet in height Each outside gate or
door tUrough the fence or the pool
b2 eXeTTlpt f7'Ol]1 ille pl'OV1SlOIlS Of i}11S SCCiIOiI. enclosure must be equipped with a self-
closing position locking device installed
at a height of not less than 3'h feet and
Sec. 26-139. - Diving boards. each device must be kept in operating
, condition at all times.
No diving board shall be installed in a pool whose greatest depth is less than De1��:
seven feet. No diving board shall be installed in a pool less than 30 feet long.
Sec. 26-140. - Ladders and ropes.
Pools having a depth greater than 3'/z feet shall be provided with ste s or adder� :_.- �e�eted: a
" Del2ted: orrope
Secs. 26-141-26-160. - Reserved.
ARTICLE VI CONTRACTORS
DIVISION 1. GENERALLY
Sec. 26-161. - Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Application for permit means any permit application made under any building
code or technical code contained in or adopted by reference in the Code of Ordinances
of the city and the land development code, as such have been, or may be, amended,
including all documents submitted with any permit application.
.4pprentice plumbers and electricians Apprentice_ �lumbers shall perform ___... -. Formatted: For,c: Noc ttai�c
plumbing only under the direct supervision of a master plumber or under the direct
supervision of a journeyman plumber. Apprentice electricians shall perform electrical
work only under the direct supervision of a master electrician or under the direct
supervision of a journeyman electrician. Direct supervision means that the respective
supervision is performed on the job site in person by the respective supervisor.
Board means the city construction board created under this article unless the
context otherwise requires.
Certificate means a certificate of competency issued by the board as provided in
this article.
Certification means the act of obtaining or holding a certificate of competency
from the board as provided in this article.
Contracting means, except as exempted by this article, engaging in business as a
contractor.
Contractor means any person who engages in business under expressed or
implied contract in any of the trades as deimed in this article or who undertakes or offers
to undertake or purports to have the capacity to undertake, or submits a bid to, or does
himself, or by or through others, engage in the business of doing a trade, and who holds
a certificate of competency as provided by this article to perform the work of the
particular trade in which such person is engaged.
(1) General contractors are those whose services shall be unlimited as to the
height, area and complexity of construction being undertaken. A general
contractor shall have the knowledge gained by five years of experience in a
supervisory capacity for a general contractor or building contractor or as a
licensed building contractor for such period or shall have an education and
experience equivalent thereto. A general contractor shall subcontract to a
qualified contractor all work being the exclusive work of plumbing, electrical
and HARV contractors, provided, however, on new site development work,
site redevelopment work, mobile home parks and commercial properties, the
obligation to subcontract shall not prohibit the general contractors from
constructing the main sanitary sewer collection system and the main water
distribution system not including the continuation of utility lines from the
mains to the buildings, which utility lines shall be constructed by plumbing
contractors. As to mobile home parks, the continuation of utility lines from the
mains are to be considered a part of the main sewer collection and main water
distribution systems. A general contractor may do, contract for, and take out
permits for installing room air conditioners and for the work of any specialty
contractor, excepting that of air conditioning contractors, refrigeration
contractors, and elevator contractors.
(2) Building contractors are those whose services are limited to construction
of commercial buildings and single or multiple dwelling residential buildings,
neither to exceed three stories in height or 35 feet, and accessory use structures
in connection herewith, or those whose services are limited to remodeling,
repair, or improvement of any size building if the services do not affect the
structural members of the building. A building contractor shall have the
knowledge gained by not less than four years' experience in a supervisory
capacity or shall have an education and experience equivalent thereto, as
defined far a general contractor or a building contractor or have been a licensed
residential building contractor for such period. A building contractor shall
subcontract to a qualified contractor all work being the exclusive work of
plumbing, electrical, and HARV contractors. A building contractor may take
out permits for installing room air conditioners and for the work of any
specialty contractor within the limits of work of a building contractor, except
that of air conditioning contractors, refrigeration contractors, and elevator
contractors.
(3) Residential building contractors are those whose services are limited to
construction, remodeling, demolition, repair or improvement of one-, two- or
three-family unit residences not exceeding two stories in height and accessory
use structures in connection therewith. A residential building contractor shall
have the experience, lrnowledge, and skill gained by not less than three years'
experience in a supervisory capacity for a general, building or residential
contractor or educational equivalent thereto, as defined in this section. A
residential building contractor shall subcontract to a qualified contractor all
work being the exclusive work of plumbing, electrical and HARV contractors.
A residential building contractor may take out permits far installing room air
conditioners, and for the work of any specialty contractor within the limits of
work of a residential building contractor except that of air conditioning
contractors, refi-igeration contractors, and elevator contractors.
(4) Plumbing contractors are those who can qualify as master plumbers with
a minimum of five years' experience, three of which shall have been as a
journeyman plumber in a supervisory capacity with educational equivalency as
defined in this section, who can assume responsible charge and direction of other
persons in the installation of plumbing, which shall mean all work done in
connection with the installation, maintenance, extension and alteration of all
piping fixtures, appliances, appurtenances thereto and apparatus or equipment
used in connection with a water supply and sewage disposal system; to install,
maintain, repair, alter or extend any system of piping, tubing, vessels, containers,
pump, apparatus and appurtenances in connection with such pressure piping used
for the circulating, transporting, holding or processing of any vapor, fluid, liquid,
semi-liquid or solids, inside of, or attached to, any building, lot or premises. A
plumbing contractor shall subcontract to a qualified contractor all other work
incidental to the work which is specified in this section as being the work of a
trade other than that of a plumbing contractor.
(5) Electrical contractors are those who can qualify as master electricians
with at least five years' experience, three of which shall have been as a
journeyman electrician in a supervisory capacity, with educational equivalency
as defined in this section, to assume responsible charge and direction of other
persons in the installation of electrical work, which shall mean all work done in
connection with the installation, maintenance, extension and alteration of a
system for electrical wiring for lights, heat or power and all appurtenances
thereto and all apparatus or equipment used in connection therewith including
that of a room air conditioning unit only, and all electrical specialties. An
electrical contractor shall subcontract to a qualified contractor all other work of
a trade other than that of an electrical contractor.
(6) I-iARV, heating, air conditioning refrigeration, and ventilation
contractors are those who can qualify by four years' experience in a supervisory
capacity, or shall have an education and experience equivalent thereto, with the
educational equivalency as defined in this section, to perform the following:
install, maintain, repair, alter or extend air conditioning, refrigeration, heating,
ventilation, unlimited in horsepower or tons, including all duct systems, boiler
and unfired pressure vessel systems and all appurtenances, apparatus or
equipment used in connection therewith; also piping, ductwork, insulation of
pipes, vessels and ducts. A HARV contractor shall subcontract to a qualified
contractor all other work incidental to the work which is specified in this section
as being the work of a trade other than that of a HARV contractor.
(7) Specialty contractors are those who,specialize in one or more crafts of the ___,..-- � �eieted: can quaGfy with a minimum
building construction and related contracting trades whose scope is less than oftwo years' experience, one-half of
wluch must be in a supervisory capacity,
those contractors defined above and as limited under the certificate of W�o
competency issued by the board to such specialty contractor. The board may
further classify and define specialty contractors in such rules and regulations it
promulgates in accordance with this article. All specialty contractors whose
trade is tested by Prometric Services or other comparable testing agenc�must _._ ...-- �e�eted: Block and Associates
take such examination and receive a passing grade of at least.�70 �ercent on the__ .._,..-- �e�eted: �s
examination for their trade which is administered by �he testing a e�nc�. _......_ peietea: sio�k �,a nsso��ates
(8) Solar water heating contractors. �,Splar water heatin� contractor is�;�
-
a specialty contractor qualified to execute contracts requiring the skill, '�;:
knowledge, ability and experience to size, install, alter, repair, maintain, relocate, �
replace or use solar water to include solar heating panels and all appurtenances, .
apparatus, or equipment to be used in connection therewith. A solar water
heating contractar shall contract only to size, install, alter, repair, maintain,
relocate or replace any and all solar hot water systems and solar swimming pool
heaters. The solar water heating contractor shall have any work for which a local
certificate of competency is required performed by someone holding a current
and valid certificate of competency to perform that work, unless such contractar
is himself certified in the applicable trade category.
'-- - --- -- - -- -- - -- ----- - - ---- - - -- ---- -- -- ------ - - -
- --- - - -- -- --- .,
Department means the state department of business and professional regulation
or, where applicable, the state construction industry licensing board.
- -- ---
- ---- - ----------- --- -------- --- - - - -- -- - - - - -- - - -- --- --- - - -- ----- --- --
Investigator means an individual authorized by the city council to enforce the
provisions of this article and who has the authority to issue citations. Investigator shall
include the director of community development, the building official and code
enforcement officers, as well as those individuals authorized by resolution adopted by
the city council from time to time.
Formatted: Indent: Left: 0.5", First
line: 0"
Deleted: ¶
9
a. . A
De1CtCd: s
D21EtEd: b. . All persons desiring to
hold certiScates of competency as a solaz
water heating or a solar pool heating
contractor and not certiSed as a
residential solaz domestic water heating
or a solar pool heating contractor by the
state consWCtion industry licensing
board must be ceitified by the ciry
construction boazd. Each applicant for a
certiScate of competency as a solar water
heating or a solaz pool . heating
contractor must successfully complete an
examination . prescribed by the boazd in
order to show his degree of experience
in the field for which he is seeking
certiScation. To qualify to take the
examinatioq an applicant shall submit an
application, letter from a licensed
insnrance agent,characterreference
fetters, and . af&davit ofexperience as
required by section 26-165. No
examination shall be required ofthose
persons described in section . 26-165(g).'
DCICte(I: Education equivalency means
that education pertinent to a specific
caugory w}uch shall be considered in lieu
of experience, up to a mucimum of one-
half of the total e�cperience requued in the
applicable category. ¶
Journeymen means those who qualify after four years' minimum experience, and
shall only perform work in the plumbing and electrical trades while employed by, and
serving under the supervision of, a certified plumbing or electrical contractor.
I Person means an individual, any business or non_business entity, corporation,
partnership, joint venture, unincorporated association, trust, estate, club or society.
State certi�cation means the act of obtaining or holding a certificate of
competency from the department as provided in F.S. ch. 489 (1989), as amended from
time to time, ar any rule or regulation promulgated thereto.
State certified means any contractor who possesses a certificate of competency issued by
the department and who is allowed to contract in any jurisdiction in the state without
being required to fulfill the competency requirements of the city under this article.
Sec. 26-162. - Purpose.
It is hereby declared to be the intent of the city council that, in order to safeguard
the life, health, property and public welfare of its citizens, the business of construction
and home improvements is a matter affecting the public interest, and any person
engaging in such business shall be required to establish his competency and
qualifications as provided in this article.
Sec. 26-163. - Application of article.
(a) Nothing in this article limits the power of the city to regulate the quality
and character of work performed by contractors through a system of permits, fees and
inspections which are designed to secure compliance with and aid in the implementation
of state and local building laws or to enforce other local laws for the protection of the
public health and safety.
�b� Nothing in this article limits the power of the city to collect pUS1T10SS t2X Deleted: occupational licenses
- - -- -- - -- --
receipts and inspection fees for engaging in contracting.
(c) Nothing in this article limits the power of the city to adopt any system or
permits requiring submission to and approval by the city of plans and specifications far
work to be performed by contractors before commencement of the work.
(d) Any official authorized to issue building or other related permits shall
ascertain that the applicant contractor is duly certified before issuing the permit. The
evidence shall consist only of the exhibition to him of current evidence of certification.
(e) This article applies to any contractor performing work for the state,
county or municipality as well as work for private persons. They are required to
determine compliance with this article before giving a commencement order on any of
its contracts for construction, improvement, remodeling or repair.
(� If an incomplete contract exists at the time of death of a contractor, the
contract may be completed or continued by any person even though not certified;
however, an alternate contractor shall be qualified within a period of 90 days. Such
person shall notify the board of his name and address within 30 days after the death of
the contractor.
Sec. 26-164. - Exemptions.
The exemptions provided by F.S. § 489.103 (1989), as amended, shall also
constitute exemptions from the provisions of this article.
Sec. 26-165. - Certification procedures.
(a) To obtain a certificate an applicant shall submit an application in writing
to the construction board containing the statement that the applicant desires the issuance '
of a certificate and the class of certificate desired on a form containing the information '
prescribed by the construction board and shall be accompanied by the fee fixed by this :
article.
(bLAs a prerequisite to issuance of a certificate, the board shall require the ;`
�icense holder to submit satisfactory evidence that he has obtained public hability
- - - - - ---- -- - - - -
insurance in the following amounts:
(1) General contractor, building contractor and residential building
contractor: Not less than $100,000.00 property insurance; and not less
than $300,000.00 personal liability insurance,
(2) All others: Not less than $50,000.00 property insurance; and not less than
$100,000.00 personal liability insurance,
together with evidence of workers' compensation insurance or certificate that he has
complied with the state workers' compensation law. All evidence of insurance must be
filed with the building official. Thereupon, the certificate shall be issued forthwith, but
this subsection does not apply to the issuance or renewal of inactive certificates.
c.----------------------------------------------------------------------------------
Sec. 26-166. - Certificates issued by reciprocal a�reement
(a) The board ma�y reciprocity p�rant a certificate of competenc t�ny
applicant who has obtained a certificate of competency in any other county or city in the
state having codes and conducting examinations which are, in the opinion of the board
substantiallv equal to those of the city. upon the applicant furnishin�proof of insurance
covera�e required hereunder and payment of the applicant fee herein �rovided and
furnishin� to the board in writing all information as required by section 26-165.
Certificates issued throu reciprocity shall be subject to all of the other provisions of
this article. � .`
Deleted: ¶
. (b) . Examinations for certification of
applicants shall be held at such times and
places as the board deteTmines. Each
applicant shall take an objective
exaznination about his fimess for a
certiScate in the category for which his
application is made. The examination
shall cover knowledge ofbasic principles
of contracting and construction applicable
to the category of the requested
certificate. T6e examination shall be the
Block and Associazes proctor test or an
equivalent test as may be deteimined by
the board. Each test shall be in pazt the
administrative section thereof. A passing
grade on each exacnination shall be 75
percent. ¶
9
.(c) . Following receipt of the fee and
application, the construction boazd shall
investigate the applicant's financial
responsibility, credit reputaaoq
education, experience, business
reputation, and the business reputation of
any business agency on behal£of which
the applicant proposes to engage in
contracting. The investigation ofthe
applicant by the board shall be at all
times in the best interest of the city and
the boazd shall make a dete�mination that
meeu, in the boazd's opinion, the
minimum requirements for the best
interests of the ciry. If the application is
approved by the boazd, the applicant shall
be notified to appeaz for an exaznination.
Within 30 days from the date of the
exanvnation, the boazd shall infon�
Deleted: applicant
DeICtCd: (e) _ If an applicant for an
original certificate, after having been
notified to do so, does not appeaz for
examination within 90 days from the date
of 51ing his application, the fee paid by
him shall be credited to the board as an
eamed fee. A new application for a
certificate shall be accompanied by
another application fee fixed by tlus
uticle. ¶
�
(� _ The certificate shali not be
transferable.¶ �
1 Deleted: CerA6cstion for firms and
corpora6ons.
Deleted: Application shall be received
only from individuals end certification,
when granted, shall be issued only [o an
individual. If an applicant proposes to
engage in contracting in other than his
individual name, the applicant shall state
the name, the officers and directors of the
coiporation or partnership for whom he is
qualifying, and fumish evidence of
statutory compliance if for a coiporation
or business using a Sctitious name. At
least one member of a parmership or one
officer or director of a coroorati�
Sec. 26-167. - Fees.
The following fees are established:
�,l ) Competency card annual fee ... ...... ... ... ... ... ... ... ... .... . .5�- -- - - - -- - - - j ........ . neieted: �i> nPpi��etion cee
... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... s
� n.00.¶
(�) Issuance of duplicate card ... ...... ... ... ... ... ... ... ... ... ... ... 5.00 � �
----- -- - - - - - - - - - -- - - - - - - - -- - - - - -------- -
- -- -- --
_ (2) Wntten exam fee, Sebastian
"� 75 0
.................................. . 0¶
(,�) Change of status fee ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 25.00 '�. >, �
- ------ -- - --- - - - - -- --- - - - -- - --
- - - - _,-.-.. - - - - --- - - - - -
(3) Written exam fee,
'' �'' ', ville 135
Gaines � ........................
....... .
�). Letter of reciprocity ............... ......... ...... ......... .......?5.00 - --- --- --- - - `.'.`(�, oo q
¶ (4) Oral exam fee,
�5) Renewal fees for competency cards: ��:,`;`:; c�es�ne ....................................
-- - - -- -- - - -- - - - - ---- -- - -- -- - - - - - - ---.. ; •, ,. .t iss.00 �
`• x �' ''';, �
a. October 1 through October 15, 0_00 plus ten �ercent surchar�e. `:,`?,,;'�,.;�., .
`.''�. Deleted: s
b. October 16 through March 31, $�50.00 �lus 20 �ercent surchar�e_ �.,'',�':, `'�.,`�,; �eieted: so.00
`�. `, Deleted: 6
c. April 1 through September 30, 75.00. ```• `�''•`
-- --- - - - --- -- - - - - - - -. '. ', '•, , �. Deleted: 7
d. If renewed more than one year but less than three years from the `�` oeieced: s
, .,,,
• �.'•.','•, Deleted:15.00
previous eacpiration date, $ 00.00 each vear. ,�, •�, ,,
�. - - - - - � - - - -- - - ----- -
, `. Deleted: 9
, ., .,
e. Inactive competency card, 5.00.
-- ----- - --- --- ---�. ',• '.
f. Reactivate an inactive competency card after reapplication to and
approval by the board, $�50.00. `•..,`
- - - ---- - - - - - - - --- ---- -
g State Cert�ed Contractor $25 00 one time processing fee.
No competency card can be renewed more than three years after it has expired.
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.
Deleted: 30.00
Deleted: 30.00
Deleted: 60.00
Deleted: �5.00
Deleted: 10.00
Deleted: 20.00
Formatted: Indent: Left: 0.5", First
line: 0.5"
(c) A certificate which is inoperative because of failure to renew shall be
restored on a ent of the ro er renewal fe A enal fee of ten ercent shall be �eietea: , if the application for
p� P P e`.�------�------�'------------------- �-------------------------'- �' restoraUOn is made within 180 days after
the end of the fiscal year of the city.
assessed if not renewed within 15 days from the date of expiration. A penaltv of twentv
percent shall be assessed if renewed within I 80 davs 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 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 en�- ewal fee _„_: - �eietea: �omPe�en�Y
and in addition the board may require reexamination of the applicant. A certificate
which is not renewed within three full years after expiration may not be renewed,
restored or reinstated thereafter except by reapplication and reexamination.
(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, not
� to exceed 5.00 per year. An inactive certificate can be activated only by application to ___ ..-- � ueietea: io.00
and approval of the board, on the proper forms.
Sec. 26-169. - Payment and performance bonds.
(a) The board is authorized to require a contractor who holds a certifcate of
competency issued by the board pursuant to this article, including a corporation or other
entity which the certificate holder has qualified, to obtain a payment and performance
bond as a prerequisite to being able to obtain a building permit or other development
order from the city if, after an evidentiary hearing thereon which provides due process to
the adversely affected parties, the board fmds that the contractor or the entity which such
contractor has qualified presents a substantial risk of not being able or willing to fully
complete a job or project for which a building permit or other development order is
requested or needed to authorize the job or project. Evidence on which such a imding of
the need for such a bond may be based shall consist of any one or more of the following
findings of fact:
(1) A claim of lien in excess of $2,000.00 has been filed in connection with
the real property the contractor or entity which the contractor has qualified is working
on, whereby the claim of lien avers that the contractor or entity has not made proper
payment to the lienor, and the claim of lien has not been released or satisfied within 60
days of the filing of such claim of lien with the clerk of the circuit court.
(2) The contractor or entity which the contractor has qualified has a
judgment for money damages entered by a court of competent jurisdiction against such
contractor or entity and the judgment is reasonably related to the type of work for which
the requested building permit or other development order relates, and the judgment has
not been released or otherwise satisfied.
(3) The contractor or entity which the contractor has qualified has failed to
substantially complete performance of any other contract for work of the type that is the
subject of the requested building permit or other development order and the failure to
substantially complete performance of the contract is reasonably within the control of
the contractor or the entity which the contractor has qualified.
(4) Any officer, director, shareholder, partner, joint venturer, trustee or
employee of a business entity that is seeking the building permit or other development
order was an officer, director, shareholder, pariner, joint venturer, trustee or employee of
another business entity at a time when the other entity violated any of the provisions of
subsection (a)(1), (a)(2) or (a)(3) ofthis section.
(5) For any other violation provided for in this section if the violation could
reasonably render the contractor, or the entity which the contractor has qualified, at
substantial risk of not being able to fully complete the job or project for which the
building permit or other development order is required.
(b) The amount of the payment and performance bond shall be set by the
board and may be in an amount equal to the contract price, if any, or the full estimated
cost to complete the job or project for which the building permit or other development
order pertains.
(c) The requirement to obtain a payment and performance bond may also be
one of the conditions prescribed in subsection (a)(4) of this section, if such bond is
reasonably related to the type of violation found by the board to have occurred. The
board shall determine who shall be the beneficiary of any such bond. The authority to
require a bond shall not be imposed, however, if the contractor or the entity which the
contractor has qualified is certified in the specific trade by the department or other state
agency, and if such state certification prohibits the imposition of a payment and
performance bond as a matter of law under applicable state statutes. The burden of
establishing that a state law preempts the imposition of a bond shall be upon the
contractor or the entity which the contractor has qualified.
Sec. 26-170. - Records and examinations.
(a) All information provided to the board by any applicant for certification
shall be a public record except to the extent exempted from the provisions of requiring
public access to public records under the laws of the state. Any applicants for a
� certificate of competency shall be informed that their application, �examination scores __.. -- � oe�eted: examination,
and other fmancial records which are received by the city shall become a public record.
(b) If a certificate holder changes his name style, address or employment
from that which appears on his current certificate, he shall notify the board of the change
within ten days after it occurs.
� (c) All rp ior examinations shall be retained for a period of thr.ee years from
the date of examination.
Sec. 26-171. - Prohibited activities.
(a) It is unlawful for any person to engage in the business or act in the
capacity of a contractor without being a state certified contractor holding a state
certification or being in lawful possession of a certificate of competency issued by the
board pursuant to this article.
(b) It is unlawful for any person who possesses a current certificate of
competency issued by the board pursuant to this article or a state certification issued by
the deparhnent to contract with or utilize the services of another person engaging in the
business or acting in the capacity of a contractor where such other person does not hold
a state certification or a certificate of competency for engaging in the type of contracting
business that such other person operates in the corporate limits of the city. T'his
prohibition shall be enforceable even if the unlicensed contractor does not have an office
in the city, so long as the unlicensed contractor performs or contracts to perform the
services of a contractor in the corporate limits of the city for the person holding a state
certification or a certificate of authority issued by the board pursuant to this article.
(c) It is unlawful for a person required to possess, but not possessing, a
current certificate of competency issued by the board pursuant to this article or a state
certification issued by the department to advertise to the public in a newspaper,
magazine, handbill, flyer, airwave transmission or telephone directory, or by issuance of
a card or other communication or other advertising medium, that he is a contractar or is
qualified to act in business as a contractor, pursuant to a certifcate of competency issued
by the board pursuant to this article or a state certification issued by the department.
(d) It is unlawful for a contractor who possesses a certificate of competency
issued by the board pursuant to this article or a state certification issued by the
department to fail to include his certificate of competency number or state certification
or registration number in any publication which is primarily circulated, displayed,
distributed or marketed within the city which advertisement identifies a contractor or
entity offering services regulated by F.S. ch. 489, as amended from time to time, or by
this article, unless the advertisement included the certificate of competency number or
state certification or registration number issued to that contractor. Nothing in this section
shall be construed as requiring that the publisher not publish any advertisement which
does not include a certificate of competency number or a state certification or
registration number, nor determine or investigate whether a certificate of competency
number or a state certification or registration number is required, whether the license
number given is accurate, nor determine ar investigate whether the person whom the
advertisement is published is state certified or holds a certificate of competency issued
by the board pursuant to this article.
Sec. 26-172. - Causes for disciplinary action.
The following acts constitute cause for disciplinary action under this article:
(1) Willful or deliberate disregard or violation of the applicable building
codes of the city.
(2) Aiding or abetting a person who is not a state certified contractor or a
contractor who possesses a certificate of competency issued by the board
pursuant to this article to evade any provision of this article. Utilizing or
contracting with an unlicensed contractor ar subcontractor is prima facie
evidence of engaging in such an act.
(3) Knowingly combining or conspiring with an uncertified person with the
intent to evade the provisions of this article. When a person holding a
certificate of competency issued by the board pursuant to this article or a
state certification allows his certificate or state certification to be used by
one or more companies without having any active participation in the
operations, management or control of such companies, this act shall
constitute prima facie evidence of an intent to evade the provisions of this
article.
(4) Acting in the capacity of a contractor under any certificate of competency
issued by the board pursuant to this article or any state certification issued
by the department, except in the name of the certificate holder as set forth
on the issued certificate of competency or the state certification or in
accordance with the personnel of the certificate holder as set forth in the
application for the certificate or state certification, or as later changed as
provided in this article or pursuant to F.S. ch. 489, as amended from time
to time, or any rule or regulation promulgated pursuant thereto.
(5) Diversion of funds or property received for the completion of a specified
construction project or operation or as a result of the diversion the contractor is or will
be unable to fill the terms of his obligation or contract.
article.
(6) Failure in any material respect to comply with the provisions of this
(7) Failure to maintain insurance coverage as set by the board.
(8) Failure to provide proof of worker's compensation insurance to the
building o�cial or his designees upon demand for such proof.
(9) Falsification of application or testimony given before the board.
(10) Abandonment of a construction project in which the contractor is
engaged or under contract as a contractor. A project is to be considered abandoned if the
contractor terminates such project without notification to the prospective owner or
current owner for at least 30 days without just cause, such as acts of God causing
construction delay.
_ -- Deleted: ¶
�-- -- � - --- - - - _ - - --- - - - - -- - - - - - - -- ---- -- - -- - - -- -- -- - - - -= .._ .
(�) Giving or offering to give, directly or indirectly, any city em�loyee,_ �" ~ �eieted: Q I). Cheating on the
council member, board member or the city manager anything of value, monetary OC examination requved by this azticle.¶
otherwise, with intent to influence such employee or board member in the discharge of �� oeieted: z
his duties under the provisions of this article.
(1�) Attempting or threatening to coerce or coercing through �hysical act, ,..---� Deleted: s
injury or damage to the city manager, or to any council member, board member, city
employee or any family member or property of any board member or city employee,
with intent to influence such board member or employee in the discharge of his duties
under the provisions of this article.
(1,�) The filing of a petition in banlmi�tcy, either voluntarily_ or involuntarily,�, -- - Pormatted: Indent: First line: 0.5"
the making of an assigrunent for the benefit of creditors or the appoinhnent of a receiver -�� �eietea: a
for a contractor or an entity which is qualified to engage in the business of a contractor
by the holder of a certificate of competency issued by the board or a state certifcation
issued by the department. Provided, however, that such act shall only empower the
board to take such action as allowable under the laws of the state or the United States of
America, or to the extent otherwise allowable pursuant to this article.
Sec. 26-173. - Miscellaneous general provisions.
(a) The provisions of this article shall be deemed supplemental to, and not in
conflict with or in preemption of, the provisions of article VI, division 2 of chapter 2 of
the Code of Ordinances concerning the code enforcement special magistrate. To the
extent provided in such article, the special magistrate shall have concurrent jurisdiction
over the enforcement of any of the provisions of this article.
(b) All rules and regulations established by the board shall require approval
by the city council before such rules have force and effect.
(c) Any contractar who possesses a valid and active certificate of
competency issued by Indian River County, Florida, as of July 10, 1991, shall be entitled
to have a comparable certificate of competency issued by the board. In addition, any
floor covering contractor who possesses a valid and active certificate of competency
issued by Indian River County, Florida, on or before December 31, 1991, shall be
entitled to have a comparable certificate of competency issued by the board.
Sec. 26-174. - Enforcement of article.
Investigators under the direction of the director of community development or his
designee are hereby charged with the enforcement responsibilities of this article. An
investigator is authorized to issue citations for any violation under this article when,
based upon personal investigation, the investigator has reasonable probable grounds to
believe that a violation under any provision of this article has occurred. Investigators
shall not have the power of physical arrest nor shall they be authorized pursuant to this
article to bear arms. Nothing contained in this article shall be construed to authorize or
permit any investigator to perform any function or duty of a law enforcement officer
other than as specified in this article. An investigator may also issue any person a notice
of hearing in lieu of a citation whereby the alleged violator would then appear before the
board in accordance with section 26-197(5).
Sec. 26-175. - Penalties; appeals.
(a) In addition to the penalties that may be imposed and other remedies that
may be available to the city which are provided for elsewhere in this section, any person
who violates any provisions of section 26-171 or commits any of the acts constituting
cause for disciplinary action as set forth in section 26-172 shall be guilty of a violation
of the provisions of this article, and upon conviction thereof, shall be subject to the
penalties of section 1-10
(b) In addition to the penalties and other remedies that may be imposed
elsewhere in this section, the board may issue a cease and desist order to prohibit any
person from engaging in the business of contracting who does not hold the required state
certiiication or local certificate of competency for any work being performed by that
person or his employees or agents under this article.
(c) If a state certified contractor or a contractor possessing a certificate of
competency issued by the board pursuant to this article is found by the board, after a due
process hearing, to be guilty of fraud or a willful building code violation in the city, or if
the board possesses proof that such contractor, through a due hearing process, has been
found guilty in another city or county within the 12-month period of fraud or a willful
building code violation, and the board finds, after providing notice to the contractor, that
such fraud or violation would have been fraud or a violation of a building code of the
city if committed in the city, then the board may, in addition to the penalties that may be
imposed, and other remedies that may be available to the city which are provided for
elsewhere in this section, deny the issuance of a building permit to such contractor or
issue a building permit with specific conditions which the board determines to be
necessary to protect the public health, safety and general welfare. The board shall
provide notification of, and information concerning, any denial of a building permit
pursuant to this provision to the depariment within 15 days after the board decides to
deny such building permit.
(d) In addition to the penalties that may be imposed and other remedies that
may be available to the city which are provided for elsewhere in this section, the board
may impose an administrative fine in an amount not to exceed $500.00, fines mav
inciude additional fees for investi�ative and legal costs incurred in the context of certain
disciplinary cases heard bv the board, which shall be recoverable by the board only in an
action at law.
(e) In addition to the penalties that may be imposed and other remedies that
may be available to the city which are provided for elsewhere in this section, the board
is authorized to take the following disciplinary actions against the holder of a certificate
of competency issued by the board pursuant to this article, where such holder has been
found to violate section 26-171 or has engaged in any of the acts or omissions which
constitute cause for disciplinary action pursuant to section 26-172
(1) Suspend the certificate of competency issued by the board pursuant to
this article during the period fixed by the board, but the board may permit
the certificate holder to complete any contracts then uncompleted;
�2)
(3)
Revoke the certificate of competency previously issued by the board
pursuant to this article; or
Place the certificate holder on probation for a period fxed by the board,
but not in excess of three years.
( fl In addition to the penalties that may be imposed and other remedies that
may be available to the city which are provided for elsewhere in this section, the board
shall be empowered to refuse to issue building permits or to issue building permits
containing specific conditions to protect the public health, safety and general welfare to
a contractor who is state certified or who holds a certifcate of competency issued by the
board pursuant to this article who has committed multiple violations of this article when
such contractor has been disciplined for each of such violations by the board and when
each disciplinary action has involved revocation or suspension of the state certification
by the depariment or has involved revocation or suspension of the certificate of
competency issued by the board pursuant to this article, the imposition of an
administrative fine of at least $1,000.00 or probation. Furthermore, the board shall be
empowered to issue permits with specific conditions designed to protect the public
health, safety and general welfare to a state certifed contractor or a contractor who holds
a certificate of competency issued by the board pursuant to this article who, within the
previous 12 months, has had imal action taken against him by the deparhnent, or by the
board when the board has reported such disciplinary action against the contractor to the
department where the contractor has engaged in the business or acted in the capacity of a
contractor without a license.
(g) In addition to the penalties that may be imposed and other remedies that
may be available to the city which are provided for elsewhere in this section, the board
shall be empowered to restrain any violation of this article by filing the appropriate
action in a court of competent jurisdiction for injunctive relief.
(h) �p�eal shall be by certiorari_ .
Sec. 26-176. - Savings clause.
It is the intent of the city that the provisions of this article be construed as being
consistent with the inherent municipal powers of the city and supplemental to, and
consistent with, the provisions of F.S. ch. 489 (1989), as amended from time to time.
DeICtCCI: Any aggieved party,
including the boazd, may appeal a final
administrative order of the board ro the
circwt court for the county. Such an
appeal shall uot be an appeal de novo but
shall be limited to appellate review of the
record created before the board. An
appeal shall be Sled within 30 days of the
exewtion of the order to be appealed
However, it is the intent of the city to reserve the power to regulate state certified
contractors to the extent not inconsistent with the laws of the state, as amended from
time to time.
Secs. 26-177-26-190. - Reserved.
DIVISION 2. CONSTRUCTION BOARD
Sec. 26-191. - Membership; terms; filling of vacancies.
(a) T'he city construction board shall be composed of seven members and, as
far as practical, shall consist of two certified contractors (residential, building, general),
one electrical contractor, one heating and ventilation contractor, one architect or
engineer, one plumbing contractor, and one concerned citizen. The city council may also
appoint one or two alternate members who shall serve as necessary to assemble a
maximum of seven voting members of the board. It is preferred that the altemate
members consist of one certified contractor and one concerned citizen. All members and
alternate members shall be appointed by the city council, pursuant to section 2-170 of
this Code.
(b) To be eligible for appointment, except as otherwise provided in this
section, each contractor member shall be actively engaged in construction in the city,
[or] have an establishedbusiness in the city limits.
(c) Each member of the board shall hold a valid certificate issued by the
board or the state in addition to having the qualifications required in subsection (b) of
this section, excepting the one concerned citizen member. If any member of the board, at
any time during his term, no longer possesses the required qualifications such member
shall be automatically suspended for 30 days; then, unless qualified within 30 days, shall
be replaced.
(d) Of the regular members appointed to the board:
(1) Two members shall be appointed for an initial term of one year;
(2) Three members shall be appointed for an initial term of two years; and
(3) Two members shall be appointed for an initial term of three years.
Thereafter all appointments shall be made for a term of three years. All terms of
office shall expire on September 30 of the last year of the term.
(e) Each alternate member shall be appointed for a term of three years.
( fl Any member may be reappointed, subject to the limitations set forth in
subsection (d) of this section.
Sec. 26-192. - Meetings; quorum; officers; rules and regulations; budget.
(a) The board shall meet regularly as the need presents itself. Four members
of the board shall constitute a quorum. A majority of the members present shall be
required to act.
(b) T'he board shall elect officers from its membership. Whenever possible,
the person selected as the chairperson and vice-chairperson of the board shall have
served two years as a regular member of the board and shall have attended at least 90
percent of the meetings of the board in which such member was not otherwise excused
from attending by the individual serving as the chairperson of the board at such
meetings.
(c) The board is authorized to adopt rules and regulations to carry out
provisions of this article. The board may from time to time change, alter or amend the
rules and regulations adopted.
(d) Special meetings of the board may be held as the board provides in its
rules and regulations.
(e) All revenues received by the board shall be deposited with the city. The
board shall annually submit a budget to the city council for its expenses. The board or
any member thereof shall not receive any salary, expenses, or any other funds without
approval of the city council.
Sec. 26-193. - Oaths and testimony.
Any member of the board or duly appointed hearing officer designated by the
board may administer oaths and take testimony about all matters within the jurisdiction
of the board.
Sec. 26-194. - Seal.
The board shall adopt a seal for its use containing the words "City of Sebastian
Construction Board."
Sec. 26-195. - Compensation.
Members of the board shall receive no salary or compensation for attendance at
meetings, but may be reimbursed for their actual expenses incurred in the performance
of their duties in accordance with procedures established by resolution of the city
council.
Sec. 26-196. - Reserved.
Sec. 26-197. - Powers and duties.
T'he construction board shall have the following powers and duties:
(1) Advice to the ciry council. On its own initiative or whenever requested to
do so by the city council, to give advice to the city council and to other public ofiicials
ar employees with reference to any matter affecting contractors or the construction
industry within the corporate limits of the city.
(2) Reviewing ciry building and housing codes. To advise the city council
concerning the city building and housing codes, their adoption, their amendment, and
the revision of the minimum state building codes or any standard published code or
technical regulation which constitutes all or part of such codes or of this chapter.
(3) Examination of contractor's license holders and applicants therefor. To
examine or cause to be examined holders of contractor's licenses within the city or
applicants for such license, in accordance with the requirements of this chapter.
� - -- ----x- ------------- -- --- - - - - - - - � -- - - -- - - - - -- -- - - - - - --- ---- ---------- - - ---- . - �
- Deleted: ¶
-----
... _
4 Review o violations o this article. On the motion of the board OII S ��" Deleted• 4 Licensin o contractors.
- - - -- - --- - - -- - - - -- f -- � --- �- -- ' • ( ) g 1
-_ _ - - --- - ---- -- -- ----
notice of hearing issued by an investigator or on the verified written complaint of any �'' T° LOe°Se °°°tr8�t°� p,�s"aa� t° �,e
requirements of this article. ¶
person, the board may review the actions of any person, including a contractor that has
been issued a certificate of competency by the board pursuant to this article or a state �°eietea: s
certified contractor, who has violated any provision of this article. The board may hold
due process hearings and thereafter take appropriate disciplinary action as authorized
pursuant to this article if the person, including a state certified contractor or a contractor
holding a certificate of competency from the board pursuant to this article and including
an entity qualified by a contractor who is state certified or holds a certificate of
competency from the board pursuant to this article, is found to be in violation of one or
more of the acts or omissions constituting a prohibited activity pursuant to section 26-
1'71 or constituting cause for disciplinary action pursuant to section 26-172 to the extent
not reserved to the department to the exclusion of the board.
( (�5) _ Coordinate investigations with other governmental agencies. To _._...-� - �eieted: 6
cooperate with other governmental agencies, local, state and federal, with reference to
any matter affecting contractors or the construction industry within the corporate limits
of the city.
I(�i) Subpoena powers. The board shall have the authority to sub�oena alleged _.__._--- ue�etea: �
violators and witnesses to its hearings. The city, the board or the alleged violator may
request that witnesses and records be subpoenaed to any emergency or formal hearing.
Subpoenas shall be served in the same manner as civil subpoenas are served under
Florida Statutes and the Florida Civil Rules of Procedure. The chairman of the board
shall provide the clerk with sufficient signed and blank witness subpoenas to be
provided to alleged violators and the city attorney for the purpose of subpoenaing
witnesses and records.
(�7) Other. The board shall �erform such other duties as may be determined _,,.._.- neieted: s
by the city council.
Sec. 26-198. - Administration.
In order to carry out the intent of this article, the city council hereby appoints the
following officials to assist the construction board in performing its duties:
(1) Building official. The building official, or his authorized representative,
shall have the primary duty of enforcing the various codes and initiating disciplinary
proceedings before the board, and shall make such recommendations or reports to the
board as needed on each matter considered by it.
(2) Clerk. The building official shall appoint a city employee to be the board
clerk. The clerk shall record all meetings of the board and shall prepare minutes of each
meeting, which shall state all motions, the vote of each member upon each question or
motion, and a statement as to any member who is absent or failing to vote. The minutes
of the board may be in a summary or outline form, but shall accurately reflect the
deliberations of the board. The clerk shall perform such other functions assigned to the
clerk by the board.
(3) Legal counsel. The city attorney shall advise and be counsel to the board.
The legal counsel shall be compensated as provided by the city council.
Secs. 26-199-26-209. - Reserved.
ARTICLE VII. DEVELOPMENT AGREEMENTS
Sec. 26-210. - Development agreements; generally.
Sec. 26-210. - Development agreements; generally.
Upon compliance with the applicable provisions of the Florida Local
Government Development Agreement Act, as set forth in F.S. § 1633220 et seq., as
amended from time to time, the city council shall have the authority, by resolution, to
authorize the mayor or city manager to enter into a development ageement on behalf of
the city with the owner of real property located in the city, which allows the property
owner to proceed with the development of the owner's real property in accordance with
existing laws and policies, subject to the terms and conditions of the development
agreement.
Chapters 27-29 –
RESERVED
P�9e 1�� Lll Qel�ted , weseltine 5J25/°�2012,4:OO;�Qp PM
If the building official finds that, in accordance with the Standard Unsafe
Building Abatement Code, a building or structure is unsafe, a notice of unsafe building
shall be issued to the owner of record of the building or structure. The notice shall
contain, but not be limited to, the following information:
(1) The street address and legal description of the building, structure or
premises.
(2) A statement indicating the building or structure has been declared unsafe
by the building official, and a detailed report documenting the conditions
determined to have rendered the building or structure unsafe under the
provisions of the Standard Unsafe Building Abatement Code.
(3) A statement advising that if the following required action as determined
by the building official is not completed, it will be ordered vacated and
posted to prevent further occupancy until the work is completed and the
building official may cause the work to be done and all costs incurred
charged against the property of the owner of record.
If the building official determines that the building or structure is to be
repaired, the notice shall require that all necessary permits be secured and
the work commenced within 60 days and continued to completion within
such time as the building official determines. The notice shall also indicate
the degree to which the repairs must comply with the provisions of the
Florida Building Code which has been adopted by reference into this
chapter.
If the building official determines that the building or structure is to be
vacated, the notice shall indicate the time within which vacation is to be
completed.
If the building official determines that the building or structure is to be
demolished, the notice shall require that the premises be vacated within 60
days, that all required permits for demolition be secured and that the
demolition be completed within such time as determined reasonable by the
building official. The notice shall state that if the demolition of the
building or structure is not completed within such time, a hearing will be
held before the construction board to determine if the city will cause the
building or structure to be demolished. The notice shall give the location,
time and date of the hearing, which date shall not be less than ten days nor
more than 60 days after the date the demolition was required to be
completed. The hearing shall be a quasi judicial hearing. The failure of a
party to appear or present evidence shall constitute a waiver of said party's
right to a hearing.
A statement advising that any person having any legal interest in the
property may appeal the notice by the building official to the construction
board; and that such appeal shall be in writing in the form specified by the
building official and shall be filed with the building official within 30 days
from the date of the notice and that failure to appeal in the time specifed
will constitute a waiver of all rights to an administrative hearing, except
the automatic hearing required prior to demolition as noted above.
;R�ge 16: [2]"Deleted wesel�in� , iJ�1�'[2��2 1a�4�00 PM
Application for building permit; fees.
(a) Before any building or structure of whatsoever nature shall be erected or
constructed within the corporate limits of the city, or any addition shall be made to any
existing building or structure within the corporate limits of the city, the owner, contractor,
person building or responsible for building such building or structure or making such
addition thereto shall complete an application for a building permit from the city for such
erection, construction or addition. No building or structure shall be erected in the city nor
any addition made to any existing building or structure in the city unless a permit therefor
has been ganted as provided by this article and no work shall be done in connection with
any such building or addition unless such permit has been granted. All applications for
such permit shall be made to the building official. Such applications shall be signed by
the applicant and shall state thereon:
(1) The location of the proposed structure, building or addition;
(2) The owner and contractor or builder thereof;
(3) The distance of the building from the street;
(4) The character of the building and the material of which the walls and roof
are to be constructed;
(5) The purpose for which the building is to be used; and
(6) The approximate cost and dimensions thereof. The approximate cost shall
be gained from the latest edition of "Means Square Foot Costs" using the
city's location factor.
(b) No permit shall be issued until approved by the city building official. The
city building official shall approve or reject the application for permit within three days
following the submission of application for permit.
(c) The building permit shall be issued by the building official upon his
approval.
(d) Building permit fees shall be established by resolution.
!P�ge ,T6„: [�;] Deleted ' ` Weselfine ` �./17/20�', �t1:5�a0'0 AM ;,,',
Solar hot water and pool heating systems; minimum standards; permit; fees.
(a) All solar hot water and pool heating systems installed in the city, including
but not limited to systems installed for residential and commercial uses, are hereby
required to meet the standards established by the Florida Solar Energy Center, pursuant to
F.S. § 377.05 and chapter 6 G12, Florida Administrative Code. These standards are
hereby adopted as set forth on Florida Solar Energy Center documents FSEC-GP-5-R80,
FSEC-GP-6-R80, FSEC-GP-7-80, and FSEC-GP-8-80.
(b) There is hereby established a permit for the installation of solar water
heating and solar pool heating systems. Solar permits may be issued only to those persons
authorized in article VI of this chapter provided however, that a homeowner may draw a
permit for either solar domestic water or solar pool heating systems on his own home for
his own noncommercial use, provided that the homeowner actually performs the work
and is solely responsible therefor. Should the homeowner employ or contract with
another to perform any portions of the work for which a local certificate of competency is
required, the person performing that work must be certified in the applicable trade
category. In no case shall a permit be issued without presentation of evidence of
compliance with the Florida solar energy standards referred to in subsection (a) of this
section unless the system to be installed is not required by the Florida solar energy
standards to submit to the approved standard.
(c) Fees for solar water and solar pool heating systems are as set forth in
section 26-35(b).
P�4� �7:.[�]"'Deleted ,. .: weseltine 1/:17/2012 PM ';,
Sec. 26-62. - Scope.
(a) The provisions of the code adopted in this article shall apply to all
electrical construction, installation, alteration or repair and to all electrical equipment and
materials used, connected to or installed in any building, structure or appurtenance
subject to this article as well as the maintenance thereof.
(b) No provision of such code shall be held to deprive any federal or state
agency or any applicable governing body having jurisdiction of any power or authority
which it had on the effective date of this article or of any remedy then existing for the
enforcement of its orders, nor shall it deprive any individual or corporation of its legal
rights as provided by law.
Sec. 26-63. - Code remedial.
The code adopted in this article is remedial and shall be construed to secure the
beneficial interests and purposes of such code, which are public safety, health and general
welfare, through safety to life and property from fire and other incidents to the
installation, alteration, repair and maintenance of electrical wiring apparatus or
equipment for lights, heat, power and other uses or purposes.
Sec. 26-64. - Maintenance.
All electrical systems, wiring, materials, devices and safeguards shall be
maintained in a safe condition. The owner or his designated agent shall be responsible for
such maintenance.
Sec. 26-65. - Electrical installation or maintenance by homeowner.
Nothing in this article shall prevent any homeowner from installing or
maintaining electrical wiring apparatus or equipment within his own property boundaries,
provided such electrical work is done by himself and is used exclusively by him or his
family. Such privilege does not convey the right to violate any of the provisions of this
article, nor is it to be construed as exempting any property owner from obtaining a permit
and paying the required fees therefor.
` R�ge 17: [5] Delet�d `. weseltine . i/17/.`�012 2r4��00 PM '" ��;
, sometimes referred to in this article as the electrical inspector, shall enforce the
provisions of this article, and he or his duly authorized representative may enter any
building, structure or premises that is subject to this article to perform any duty imposed
on him by the electrical code.
� Page 18, [6] �ei�Ced' � �. ��`�� ;� �resel,��ne �:��;; -. 1�17[20123:��i10 PM�•���
The building official may give temporary permission to connect and furnish electric
current to any wiring apparatus or iixtures for a period of not exceeding 30 days, if, in his
opinion, such wiring apparatus or fixtures are in such condition that current may safely be
connected therewith, and there exists an urgent necessity for such use, when written
permission is filed with him, requesting such permission.
;Page �. [7] D�I�ted . wesei�ine , _ . . _ 1/[3�7/�3012 3 4�.00 PM .
The building official is hereby empowered to inspect or reinspect at his option all interior
wires and apparatus conducting or using electric current for lights, heat or power. When
such conductors or apparatus are found to be unsafe to life or properiy, the building
official shall notify the person owning, using or operating them to place such conductors
or apparatus in a safe and secure condition within 24 hours or such further time as he
determines necessary.
;P,�qe 18: G&] Delete.d . weseifine' .. . 1/17/3�12_3��xD0 PM .
Whenever any wiring apparatus or fixture conducting or using current for lights, heat or
power is found upon inspection by the building official or one of his duly authorized
assistants to be especially or immediately hazardous to life or property, the building
official shall immediately open a switch or circuit breaker controlling the supply of
current to such wiring apparatus or fixture and post in a conspicuous place near such
switch or circuit breaker a notice reading as follows:
NOTICE—WIRING CONDEMNED
The use of electric current is prohibited through this wiring or equipment until
proper repairs have been made and approved by the city building official.
The building official must be notified when repairs are completed. After such notice is
posted, no person shall close the switch or circuit breaker or use or attempt to use any
current through such wiring apparatus or fixture that has been condemned until necessary
repairs have been made and approved by the building official. The building official may
also notify the person furnishing current to such wiring apparatus or fixture to disconnect
the supply wires and cut off the current from premises where such wiring apparatus or
fixture is located and such supply wire shall be disconnected and the current cut off until
necessary repairs are made and approved by the building official.
yPa9e 3Q; [�] Dele��d '`: . - weselCi�e ` `. �. 1L2�/3�012,3�16e0.0 P�!�i; .
(b) Examinations for certification of applicants shall be held at such times and
places as the board determines. Each applicant shall take an objective examination about
his fitness for a certificate in the category for which his application is made. The
examination shall cover knowledge of basic principles of contracting and construction
applicable to the category of the requested certificate. The examination shall be the Block
and Associates proctor test or an equivalent test as may be determined by the board. Each
test shall be in part the administrative section thereof. A passing grade on each
examination shall be 75 percent.
(c) Following receipt of the fee and application, the construction board shall
investigate the applicant's financial responsibility, credit reputation, education,
experience, business reputation, and the business reputation of any business agency on
behalf of which the applicant proposes to engage in contracting. The investigation of the
applicant by the board shall be at all times in the best interest of the city and the board
shall make a determination that meets, in the board's opinion, the minimum requirements
for the best interests of the city. If the application is approved by the board, the applicant
shall be notified to appear for an examination. Within 30 days from the date of the
examination, the board shall inform the applicant, in writing, whether or not he has
qualified and, if the applicant has qualified, that the board is ready to issue a certificate in
the category for which application was made, subject to compliance with the
requirements of subsection (d} of this section.
(d)
° Rag�,3Q..[10j �eleted.;: . . °;: � ` . wesett�ne = : ' ,i 1/2�/2.iki2 2:;�Sz00 PM. �
(e) If an applicant for an original certifcate, after having been notified to do so, does
not appear for examination within 90 days from the date of filing his application, the fee
paid by him shall be credited to the board as an earned fee. A new application for a
certificate shall be accompanied by another application fee fixed by this article.
(� The certificate shall not be transferable.
(g) Those persons actively engaged in the installation of solar water heating or
solar pool heating systems as of March 14, 1984, may be certified by law, provided that:
(1) Application for grandfathering is presented within 120 days from March
14, 1984;
(2) The applicant demonstrates to the satisfaction of the construction board a
minimum of two years' experience in the installation of solar water heating systems. The
board may accept one year of documented technical education as the equivalent of one
year of documented installation experience;
(3) The applicant provides such insurance, occupational licenses, credit
reports and financial statements as are required for issuance of a certificate of
competency as a contractor pursuant to the terms of this section; and
(4) Nothing in this subsection shall restrict or limit in any manner the legal
authority of inechanical contractors, HARV contractors, or plumbing contractors certified
by the construction board to install solar water heating systems or solar swimming pool
water heating systems. All such contractors are legally authorized to size, install, alter,
repair, maintain, relocate, replace, or use potable solar water heating systems and solar
pool heating systems, including solar heating panels and appurtenances, apparatus or
equipment used in connection therewith. Any such contractor shall have any work for
which a local certificate of competency is required performed by someone holding a
current and valid certificate of competency to perform that work, unless such contractor
is himself certified in the applicable trade category.
`-Rage 30: [ii] Dele�d wesef�iire ,���23/2Q�2 �:�:00 PM ';
Application shall be received only from individuals and certification, when granted, shall
be issued only to an individual. If an applicant proposes to engage in contracting
in other than his individual name, the applicant shall state the name, the officers
and directors of the corporation or partnership for whom he is qualifying, and
furnish evidence of statutory compliance if for a corporation or business using a
fictitious name. At least one member of a partnership or one officer or director of
a corporation or one supervising employee of the business organization shall be
qualified under this article in order far the business organization to hold a current
certificate in the category of the business conducted for which the member or
supervising employee is qualified. If any individual so qualifed on behalf of such
business organization ceases to be affiliated with such business organization, he
shall inform the board as provided for in section 26-171(b). In addition, if such
individual is the only qualified individual affiliated with the business
organization, the business organization shall notify the board of the individual's
termination and shall have a period of 60 days from the termination of the
individual's affiliation with the business organization in which to qualify another
person under the provisions of this article, failing which, the certification of the
business organization shall be subject to revocation by the board. Any change in
the status of a corporation or partnership as to ownership, qualification or
affiliation shall be sent to the board within ten business days of such change.
Failure to do so is subject to the penalties outlined in section 26-172
(b) The applicant shall show that the person applying for the examination is
legally qualified to act for the busin�ions of the board nandathat he has the authority
contracting business concerning regula
and responsibility for supervision of work undertaken by such business organization.
(c) In order to qualify more than one corporation, partnership or business
enterprise, the qualifying agent shall be a principal stockholder, partner or owner of the
subsequent corporation, partnership or business enterprise.
_�