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Section 3. The Village Council hereby adopts the amendments to the administrative
provisions of the Florida Building Code set forth in Exhibit "A" attached hereto and incorporated
herein by this reference.
Section 4. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach.
Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 6. All Ordinances or parts of Ordinances or resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 7. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 25th DAY OF JANUARY, 2007
PLACED ON SECOND, FINAL READING AND PASSED THIS 8th DAY OF FEBRUARY, 2007.
(Village Seal)
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
2
VILLAGE OF NORTH PALM BEACH
ADMINISTRATIVE AMENDMENTS
to the
2004 FLORIDA BUILDING CODE
ORDINANCE NO. 2007-03
EFFECTIVE March 15, 2007
TABLE OF CONTENTS ADMINISTRATIVE CODE
Sections marked "~" are VNPB amendments to the 2004 Florida Building Code
SECTION 101 GENERAL .........................................................................................
101.1 Title ..............................................................................................................
101.2 Scope ..........................................................................................................
101.2.1 Appendices ...........................................................................................
101.3 I ntent ............................................................................................................
*101.3.1 Quality control ......................................................................................
*101.3.2 Permitting and inspection ....................................................................
101.4 Referenced Standards .................................................................................
101.4.1 Electrical ...............................................................................................
101.4.2 Gas .......................................................................................................
101.4.3 Mechanical ............................................................................................
101.4.4 Plumbing ...............................................................................................
101.4.5 (Reserved) ............................................................................................
101.4.6 Fire prevention ......................................................................................
101.4.7 Energy ...................................................................................................
101.4.8 Accessibility ..........................................................................................
*101.4.9 Federal and State authority .................................................................
SECTION 102 APPLICABILITY ................................................................................
102.1 General .........................................................................................................
102.1.1 The Florida Building Code ....................................................................
*102.1.2 Other Regulations ................................................................................
102.2 Building ........................................................................................................
102.2.1 Additional requirements ........................................................................
102.2.2 Residential buildings or structures ........................................................
102.2.3 Moved residential building ....................................................................
102.2.4 Applicability ...........................................................................................
102.2.5 Enforcement District ..............................................................................
102.2.6 Exception ..............................................................................................
102.3 Application of references .............................................................................
102.4 Referenced codes and standards ................................................................
102.5 Reserved .....................................................................................................
102.6 Existing structures .......................................................................................
102.7 Relocation of manufactured buildings .........................................................
*SECTION 103 BUILDING DEPARTMENT ..............................................................
*103.1 Establishment .............................................................................................
*103.2 Employee qualifications .............................................................................
*103.2.1 Building official's qualifications ............................................................
*103.2.2 Chief inspector qualifications ...............................................................
*103.2.3 Plans examiner and inspector qualifications .......................................
*103.2.4 Deputy building official qualifications ...................................................
*103.3 Restrictions on employees .........................................................................
*103.4 Records ......................................................................................................
*103.5 Reports .......................................................................................................
*103.6 Liability .......................................................................................................
SECTION 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL ..................
*104.1 General ......................................................................................................
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*104.2 Right of entry .................................................................................. ..................13
*104.2.1 Reasonable cause ................................................................... ..................13
*104.2.2 Secure entry ............................................................................ ..................14
*104.3 Stop work orders ........................................................................ ..................14
*104.4 Revocation of permits .................................................................... ..................14
*104.4.1 Misrepresentation of application .............................................. ..................14
*104.4.2 Violation of code provisions ..................................................... ..................14
*104.5 Unsafe buildings or systems .......................................................... ..................14
*104.5.1 Written notice ........................................................................... ..................14
*104.5.2 Posting of Notice ..................................................................... ..................15
*104.5.3 Right to appeal ........................................................................ ..................15
*104.5.4 Abatement ............................................................................... ..................15
*104.5.5 Decisions of the Building Official ............................................. .................. 15
*104.5.6 Costs Incurred ......................................................................... ..................15
*104.6 Other Requirements ....................................................................... ..................16
104.7 Reserved ......................................................................................... ..................16
104.8 Reserved ......................................................................................... ..................16
104.9 Approved materials and equipment ................................................. .................. 16
104.9.1 Used materials and equipment ................................................. ..................16
104.10 Reserved ....................................................................................... ..................16
104.11 Alternative materials ...................................................................... ..................16
104.11.1 Research reports .................................................................... ..................17
104.11.2 Tests ....................................................................................... ..................17
104.11.3 Accessibility ............................................................................ ..................17
SECTION 105 PERMITS .............................................................................. ..................17
*105.1 Permit application -When required ................................................ ..................17
105.1.1 Annual facility permit ................................................................. ..................19
105.1.2 Annual permit records ............................................................... ..................19
105.1.3 Food permit ............................................................................... ..................19
105.2 Work exempt from permit ................................................................ ..................19
105.2.1 Emergency repairs .................................................................... ..................20
105.2.2 Minor repairs ............................................................................. ..................20
*105.2.3 Temporary structures .............................................................. ..................21
*105.2.4 Work authorized ...................................................................... ..................21
105.3 Application for permit ....................................................................... ..................21
105.3.1 Action on application ................................................................. ..................21
105.3.1.1 Public /State School, Administrative Costs Only ................... .................. 21
105.3.1.2 Permit Documents ................................................................. ..................22
105.3.2 Time limitation of application ..................................................... ..................23
105.3.3 Notice ........................................................................................ ..................23
105.3.4 Permit Issuance, Single Family ................................................. ..................23
105.3.5 Identification of minimum premium policy ................................. ..................24
105.3.6 Asbestos removal ..................................................................... ..................24
105.4 Conditions of the permit ................................................................... ..................24
105.4.1 Permit intent .............................................................................. ..................24
105.4.1.1 Permit Revoked ..................................................................... ..................24
105.4.1.2 Work To Be Removed ............................................................ .................. 25
105.4.1.3 Active Permit .......................................................................... ..................25
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105.4.1.4 Permit Renewal Fee .......................................................... ......................25
105.5 Reserved ..................................................................................... ...................... 25
105.6 Reserved ..................................................................................... ...................... 25
105.7 Placement of permit ..................................................................... ......................25
105.7.1 Placing of permit ................................................................... ......................25
105.8 Notice of commencement ............................................................ ......................25
105.9 Asbestos ...................................................................................... ......................25
105.10 Termites ..................................................................................... ......................26
105.11 Notice of termite protection ........................................................ ......................26
105.12 Work starting before permit issuance ........................................ ......................26
*105.13 Foundation or phased permit approval .................................... ...................... 26
105.14 Permit Issued on Basis of Affidavit ............................................ ......................26
SECTION 106 CONSTRUCTION DOCUMENTS ..................................... ......................27
106.1 Submittal documents ................................................................... ...................... 27
106.1.1 Information on construction documents ................................ ......................27
106.1.1.1 Fire protection system shop drawings ............................... ...................... 27
106.1.1.2 Roof Assemblies ................................................................ ......................27
*106.1.2 Additional data ..................................................................... ......................28
*106.1.3. Quality of building plans ..................................................... ......................28
106.2 Reserved ..................................................................................... ...................... 28
106.3 Examination of documents .......................................................... ...................... 28
106.3.1 Approval of construction documents ..................................... ......................28
106.3.2 Previous approvals ............................................................... ......................28
*106.3.3 Product approvals ................................................................ ......................29
*106.3.4 Structural and fire resistance integrity ................................. ......................29
*106.3.4.1 Site drawings .................................................................... ......................29
106.3.4.2 Reserved ............................................................................ ......................29
106.3.4.3 Certifications by Contractors .............................................. ......................29
106.3.5 Minimum plan review criteria for buildings ............................ ......................29
*106.3.5.1 Commercial Buildings ....................................................... ......................29
*106.3.5.1.1 Building .......................................................................... ......................30
*106.3.5.1.2 Electrical ........................................................................ ......................32
*106.3.5.1.3 Plumbing ........................................................................ ......................32
*106.3.5.1.4 Mechanical .................................................................... ......................32
*106.3.5.2 Gas ................................................................................... ......................33
*106.3.5.3 Demolition ......................................................................... ......................33
*106.3.5.3.1 Engineering ................................................................... ......................33
*106.3.5.4 Residential (one- and two-family) Building ....................... ...................... 33
*106.3.5.5 Swimming pools ............................................................... ......................35
*106.3.5.6 Exemptions ....................................................................... ......................35
106.4 Amended construction documents .............................................. ...................... 35
106.5 Retention of construction documents .......................................... ...................... 35
106.6 Affidavits ...................................................................................... ...................... 35
SECTION 107 TEMPORARY STRUCTURES AND USES ...................... ......................36
107.1 General ........................................................................................ ......................36
107.2 Conformance ............................................................................... ...................... 36
107.3 Temporary power ........................................................................ ...................... 36
107.4 Termination of approval ........................................................... ...................... 36
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SECTION 108 FEES ............................................................................... ........................36
108.1 Prescribed fees .......................................................................... ........................36
108.2 Permit fees ................................................................................ ........................ 36
*108.3 Other fees ................................................................................ ........................ 37
108.4 Work commencing before permit issuance ............................... ........................ 37
*108.5 Plan filing fee ............................................................................ ........................37
*108.6 Permit revision and revision fees ............................................. ........................ 37
*108.7 Accounting ............................................................................... ........................ 37
*108.9 Building permit valuations ........................................................ ........................ 38
*108.9.1 Value of construction ......................................................... ........................38
*108.9.2 Determining value of construction ..................................... ........................ 38
*108.9.3 Applying the ICC valuation of construction ........................ ........................ 38
*108.9.4 Valuation ............................................................................ ........................39
*108.9.5 Valuation alternatives ........................................................ ........................ 39
*108.9.6 Refunds ............................................................................. ........................ 39
*108.10 Contractors ............................................................................. ........................39
*108.10.1 Contractor's responsibilities ............................................. ........................39
*108.10.2 Residential owner/builder ................................................ ........................39
*108.10.3 Non-residential owner/builder .......................................... ........................39
SECTION 109 INSPECTIONS ................................................................ ........................40
109.1 General ...................................................................................... ........................40
109.2 Preliminary inspection ............................................................... ........................40
*109.2.1 Existing building inspections .............................................. ........................40
*109.2.2 Manufacturers and fabricators ........................................... ........................40
109.3 Required inspections ................................................................. ........................ 40
A. Building ........................................................................................ ........................41
B. Electrical ...................................................................................... ........................42
C. Plumbing ..................................................................................... ........................42
D. Mechanical .................................................................................. ........................43
E. Gas .............................................................................................. ........................ 43
*109.3.1. Written release ................................................................. ........................43
*109.3.2 Failure to obtain required inspections ................................ ........................43
*109.3.3 Reinforcing steel and structural frames ............................. ........................43
109.3.4 Termites .............................................................................. ........................44
109.3.5 Shoring ................................................................................ ........................44
109.3.6 Threshold building ............................................................... ........................44
109.3.6.1 Threshold Inspector Required .......................................... ........................44
109.3.6.2 Special Inspector Shall Inspect ........................................ ........................44
109.3.6.3 Cost .................................................................................. ........................44
109.3.6.4 Enforcement Agency ........................................................ ........................ 44
109.3.6.4.1 Special Inspector Statement ......................................... ........................44
109.3.6.4.2 Revision ........................................................................ ........................ 45
109.3.6.4.3 Shoring Records ........................................................... ........................ 45
109.3.6.4.4 Engineer Statement ...................................................... ........................45
109.3.6.5 Permit Issuance ............................................................... ........................ 45
109.3.6.6 Special Inspector ............................................................. ........................45
*109.3.7 Other inspection services .................................................. ........................ 45
*109.3.8 Plaster fire protection ......................................................... ........................46
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*109.3.9 Fire resistantjoints and penetrations ..................................................... ....46
*109.3.10 Impact of construction ......................................................................... ....46
*109.3.11 Freeboard ............................................................................................ ....46
*109.4 Inspections prior to issuance of Certificate of Occupancy or Completion.... ....47
109.5 Inspection requests ....................................................................................... ....47
109.6 Approval required .......................................................................................... .... 47
SECTION 110 CERTIFICATES OF OCCUPANCY AND BUILDING USE ................. ....47
110.1 Use and Occupancy ...................................................................................... .... 47
*110.1.1 Building occupancy ................................................................................ ....47
*110.1.2 Issuing Certificate of Occupancy ........................................................... ....47
110.2 Certificate of Completion ............................................................................... .... 48
110.3 Temporary/Partial occupancy ........................................................................ ....48
110.4 Revocation ..................................................................................................... ....48
*110.5 Posting floor loads ........................................................................................ ....48
* 110.5.1 Occupancy ............................................................................................. .... 48
*110.5.2 Storage and factory-industrial occupancies ........................................... ....49
*110.5.3 Signs required ....................................................................................... ....49
SECTION 111 Service Utilities .................................................................................... ....49
111.1 Connection of service utilities ........................................................................ ....49
111.2 Temporary connection ................................................................................... ....49
111.3 Authority to disconnect service utilities .......................................................... ....49
*111.4 Tests ............................................................................................................ ....49
*SECTION 112 BUILDING BOARD OF ADJUSTMENT AND APPEALS ................... ....50
*112.1 Appointment ................................................................................................. ....50
*112.2 Membership and Terms ............................................................................... .... 50
*112.2.1 Membership ........................................................................................... ....50
*112.2.2 Terms .................................................................................................... ....50
*112.2.3 Quorum and voting ................................................................................ ....50
*112.2.4 Secretary of board ................................................................................. ....50
*112.3 Powers ......................................................................................................... .... 50
*112.4 Appeals ........................................................................................................ .... 50
*112.4.1 Decision of the building official .............................................................. .... 50
*112.4.2 Variances ............................................................................................... ....51
*112.4.2.1 Conditions of the variance .................................................................. .... 51
*112.4.3 Notice of appeal ..................................................................................... .... 51
*112.4.4 Unsafe or dangerous buildings or service systems ............................... ....51
*112.5 Procedures of the board ............................................................................... .... 51
*112.5.1 Rules and regulations ............................................................................ ....51
*112.5.2 Decisions ............................................................................................... ....52
*SECTION 113 SEVERABILITY ................................................................................. ....52
SECTION 114 STOP WORK ORDER ........................................................................ .... 52
114.1 Authority ........................................................................................................ ....52
114.2 Issuance ........................................................................................................ .... 52
114.3 Unlawful continuance .................................................................................... ....52
*SECTION 115 VIOLATIONS AND PENALTIES ........................................................ .... 52
*SECTION 116 WIND LOADS .................................................................................... ....53
(Section 1609, Florida Building Code) ........................................................................ .... 53
*116.1 Basic wind speed ......................................................................................... .... 53
VILLAGE OF NORTH PALM BEACH ADMINISTRATIVE AMENDMENTS
to the
2004 FLORIDA BUILDING CODE
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SECTION 101 GENERAL
101.1 Title. These regulations shall be known as the Florida Building Code, hereinafter
referred to as "this code."
101.2 Scope. The provisions of this code shall apply to the construction, alteration,
movement, enlargement, replacement, repair, equipment, use and occupancy, location,
maintenance, removal and demolition of every building or structure or any appurtenances
connected or attached to such buildings or structures.
Exceptions:
1. Detached one- and two-family dwellings and multiple single-family dwellings
(town houses) 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
occupancy shall comply with Chapter 34 of this code the Florida Building Code,
Existing Building.
101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically
adopted.
101.3 Intent. The purpose of this code is to establish the minimum requirements to
safeguard the public health, safety and general welfare through structural strength, means
of egress facilities, stability, sanitation, adequate light and ventilation, energy
conservation, and safety to life and property from fire and other hazards attributed to the
built environment and to provide safety to fire fighters and emergency responders during
emergency operations.
*101.3.1 Quality control. Quality control of materials and workmanship is not within
the purview of this code except as it relates to the purposes stated herein.
*101.3.2 Permitting and inspection. The permitting or inspection of any building,
system or plan by this jurisdiction, under the requirements of this code, shall not be
construed in any court as a warranty of the physical condition of such building, system or
plan or their adequacy. This jurisdiction shall not be liable in tort for damages or
hazardous or illegal condition or inadequacy in such building, system or plan, nor for any
failure of any component of such, which may occur subsequent to such inspection or
permitting. Further, no Building Department employee shall be liable in tort for damages
from such conditions, in accordance with Section 768.28(9)(a), Florida Statutes, as may
be amended.
101.4 Referenced Standards. Standards referenced in the technical codes shall be
considered an integral part of the codes without separate adoption. If specific portions of
a standard are denoted by code text, only those portions of the standard shall be enforced.
Where code provisions conflict with a standard, the code provisions shall be enforced.
Permissive and advisory provisions in a standard shall not be construed as mandatory.
VILLAGE OF NORTH PALM BEACH ADMINISTRATIVE AMENDMENTS
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2004 FLORIDA BUILDING CODE
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The Land Development Regulations of the Village of North Palm Beach Code of
Ordinances, Appendix B, as adopted, and shall set additional construction standards.
101.4.1 Electrical. The provisions of Chapter 27 of the Florida Building Code,
Building shall apply to the installation of electrical systems, including alterations, repairs,
replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.
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.
101.4.3 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.
101.4.4 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.
101.4.5 (Reserved)
101.4.6 Fire prevention. For provisions related to fire prevention, refer to the Florida
Fire Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting
or relating to structures, processes and premises from the hazard of fire and explosion
arising from the storage, handling or use of structures, materials or devices; from
conditions hazardous to life, property or public welfare in the occupancy of structures or
premises; and from the construction, extension, repair, alteration or removal of fire
suppression and alarm systems or fire hazards in the structure or on the premises from
occupancy or operation.
101.4.7 Energy. The provisions of Chapter 13 of the Florida Building Code, Building
shall apply to all matters governing the design and construction of buildings for energy
efficiency.
101.4.8 Accessibility. For provisions related to accessibility, refer to Chapter 11 of the
Florida Building Code, Building.
*101.4.9 Federal and State authority. The provisions of this code shall not be held
to deprive any Federal or State agency, or any applicable governing authority having
jurisdiction, of any power or authority which it had on the effective date of the adoption
of this code 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.
VILLAGE OF NORTH PALM BEACH ADMINISTRATIVE AMENDMENTS
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2004 FLORIDA BUILDING CODE
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SECTION 102 APPLICABILITY
102.1 General. Where, in any specific case, different sections of this code specify
different materials, methods of construction or other requirements, the most restrictive
shall govern. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable.
102.1.1 The Florida Building Code. 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.
*102.1.2 Other Regulations.
In addition to the requirements of this code, there maybe other regulations by other
agencies affecting details of development, building design and construction, such as, but
not limited to:
OTHER AGENCIES TOPICS REGULATED
Federal & State DEP Wetlands Permitting
State Health Department Wells & Septic Systems
Commercial Building Security
Flood Damage Prevention Ordinance
Village of North Palm Beach Code of Ordinances
Village of North Palm Beach Land Development Regulations
Zero Lot Line Homes Patio Screens and Roofs
Townhouses Setbacks
Roof Overhangs in Easements Height Measurement
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 Florida Building Code, Existing
Building. The following buildings, structures and facilities are exempt from the Florida
Building Code as provided by law, and any further exemptions shall be as determined by
the legislature and provided by law:
(a) Building and structures specifically regulated and preempted by the federal
government.
VILLAGE OF NORTH PALM BEACH ADMINISTRATIVE AMENDMENTS
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2004 FLORIDA BUILDING CODE
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(b) Railroads and ancillary facilities associated with the railroad.
(c) Nonresidential farm buildings on farms.
(d) Temporary buildings or sheds used exclusively for construction purposes.
(e) Mobile or modular structures used as temporary offices, except that the
provisions of Part II, (Section 553.501-553.513, Florida Statutes), relating to
accessibility by persons with disabilities. Permits shall be required for structural
support and tie down, electric supply and all utility connections shall apply to
such mobile or modular structures.
(~ 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 but that has a thatched roof of palm or palmetto or other
traditional materials, and that does not incorporate any electrical, plumbing, or
other non-wood features.
102.2.1 Additional requirements. In addition to the requirements of Section 553.79
and 553.80, Florida Statutes, facilities subject to the provisions of Chapter 395, Florida
Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans reviewed
and construction surveyed by the state agency authorized to do sounder the requirements
of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, and the
certification requirements of the federal government.
102.2.2 Residential buildings or structures. Buildings or structures for residential
uses moved into or within a county or municipality shall not be required to be brought
into compliance with the state minimum building code in force at the time the building or
structure is moved, provided:
1. The building or structure is structurally sound for wind speed requirements of
the new location and in occupiable condition for its intended use;
2. The occupancy use classification for the building or structure is not changed as
a result of the move;
3. The building is not substantially remodeled;
4. Current fire code requirements for ingress and egress are met;
5. Electrical, gas and plumbing systems meet the codes in force at the time of
original construction and are operational and safe for reconnection; and
6. Foundation plans are sealed by a professional engineer or architect licensed to
practice in this state, if required by the Florida Building Code, Building Florida
Statutes for all residential buildings or structures of the same residential
occupancy class.
VILLAGE OF NORTH PALM BEACH ADMINISTRATIVE AMENDMENTS
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2004 FLORIDA BUILDING CODE
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102.2.3 Moved residential building. The building official shall apply the same
standard to a moved residential building or structure as that applied to the remodeling of
any comparable residential building or structure to determine whether the moved
structure is substantially remodeled. The cost of the foundation on which the moved
building or structure is placed shall not be included in the cost of remodeling for purposes
of determining whether a moved building or structure has been substantially remodeled.
102.2.4 Applicability. This section does not apply to the jurisdiction and authority of
the Department of Agriculture and Consumer Services to inspect amusement rides or the
Department of Financial Services to inspect state-owned buildings and boilers.
102.2.5 Enforcement District
Each enforcement district shall be governed by a board, the composition of which shall
be determined by the affected localities. At its own option, each enforcement district or
local enforcement agency may promulgate rules granting to the owner of asingle-family
residence one or more exemptions from the Florida Building Code relating to:
1. Addition, alteration or repair performed by the property owner upon his or her own
property, provided any addition or alteration shall not exceed 1,000 square feet (93 m 2 )
or the square footage of the primary structure, whichever is less.
2. Addition, alteration or repairs by a nonowner within a specific cost limitation set by
rule, provided the total cost shall not exceed $5,000 within any 12-month period.
3. Building and inspection fees.
Each code exemption, as defined in this section, shall be certified to the local board 10
days prior to implementation and shall be effective only in the territorial jurisdiction of
the enforcement district or local enforcement agency implementing it.
102.2.6 Exception.
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 identified by number, shall be construed to refer to such
chapter, section or provision of this code.
102.4 Referenced codes and standards. The codes and standards referenced in
this code shall be considered part of the requirements of this code to the prescribed extent
of each such reference. Where differences occur between provisions of this code and
referenced codes and standards, the provisions of this code shall apply.
102.5 Reserved.
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, or the Florida Fire Prevention Code, or as is deemed
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necessary by the building official for the general safety and welfare of the occupants and
the public.
102.7 Relocation of manufactured buildings.
(1) Relocation of an existing manufactured building does not constitute an
alteration.
(2) A relocated building shall comply with wind speed requirements of the new
location, using the appropriate wind speed map. If the existing building was
manufactured in compliance with the Standard Building Code (prior to March 1,
2002), the wind speed map of the Standard Building Code shall be applicable. If
the existing 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.
*SECTION 103 BUILDING DEPARTMENT
*103.1 Establishment. There is hereby established a division to be called the Building
Department and the person in charge shall be known as the Building Official. All code
officials employed by the division shall be certified in accordance with Chapter 468, Part
XII, Florida Statutes.
*103.2 Employee qualifications
*103.2.1 Building official's qualifications. The building official shall have at least
ten years combined experience as an architect, engineer, construction code official,
contractor or construction superintendent with at least five years of such experience in
supervisory positions. The building official shall be certified as a building official or
building code administrator by the State of Florida.
*103.2.2 Chief inspector qualifications. The building official, with the approval of
the governing authority, may designate chief inspectors to administer the provisions of
the Building, Electrical, Gas, Mechanical, Plumbing, Residential, and Existing Building
Codes. Each chief inspector shall have at least ten years combined experience as an
architect, engineer, construction code official, contractor or construction superintendent
with at least five years of such experience in supervisory positions. The chief inspector
shall be certified for the appropriate trade by the State of Florida.
*103.2.3 Plans examiner and inspector qualifications. The building official, with
the approval of the applicable governing authority, may appoint or hire such number of
officers, plans examiners, inspectors, assistants and other employees as shall be
authorized from time to time. A person shall not be appointed or hired as a plans
examiner or inspector of construction who has not had at least five years experience as a
building inspector, engineer, architect, or as a superintendent, foreman, or competent
mechanic in charge of construction, in the corresponding trade. The plans examiners and
inspectors shall be certified, through the State of Florida for the appropriate trade.
*103.2.4 Deputy building official qualifications. The building official may
designate as a deputy an employee in the department who shall, during the absence or
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disability of the building official, exercise all the powers of the building official. The
deputy building official shall have the same qualifications listed in 103.2.1, and shall be
designated as the Building Code administrator.
*103.3 Restrictions on employees. An officer or employee connected with the
department, except one whose only connection is as a member of the board established
by this code, shall not be financially interested in the furnishing of labor, material, or
appliances for the construction, alteration, or maintenance of a building, structure,
service, system, or in the making of plans or of specifications thereof, unless he/she is the
owner of such. This officer or employee shall not engage in any other work which is
inconsistent with their duties or conflict with the interests of the department or which
utilizes the technical knowledge used in their employment except as instructors.
*103.4 Records. The building official shall keep, or cause to be kept, a record of the
business of the department. The records of the department shall be open to public
inspection.
*103.5 Reports. The building official may submit annually a report covering the work
of the building department during the preceding year. He/she may incorporate in said
report a summary of the decisions of the Board of Adjustments and Appeals during said
year.
*103.6 Liability. Any current or former officer or employee, or member of the Building
Board of Adjustments and Appeals, charged with the enforcement of this code, acting for
the applicable governing authority in the discharge of their duties, shall not thereby
render himself personally liable, and is hereby relieved from all personal liability, for any
damage that may accrue to persons or property as a result of any act required or permitted
in the discharge of their duties. Any suit brought against any current or former officer or
employee or member, because of such act performed in the enforcement of any provision
of this code, shall be defended by legal council appointed by the agency or applicable
governing authority until the final termination of the proceedings.
SECTION 104 DUTIES AND POWERS OF THE BUILDING
OFFICIAL
*104.1 General. The building official is hereby authorized and directed to enforce the
provisions of this code. The building official is further authorized to render
interpretations of this code, which are consistent with its spirit and purpose.
*104.2 Right of entry
*104.2.1 Reasonable cause. Whenever necessary to make an inspection to enforce
any of the provisions of this code, or whenever the building official has reasonable cause
to believe that there exists in any building or upon any premises any condition or code
violation which makes such building, structure, premises, electrical, gas, mechanical or
plumbing systems unsafe, dangerous or hazardous, the building official may enter such
building, structure or premises at all reasonable times to inspect the same or to perform
any duty imposed upon the building official by this code. If such building or premises are
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occupied, he/she shall first present proper credentials and request entry. If such building,
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 entry is
refused, the building official shall have recourse to every remedy provided by law to
secure entry.
*104.2.2 Secure entry. When the building official shall have first obtained a proper
inspection warrant or other remedy provided by law to secure entry, no owner or
occupant or any other persons having charge, care or control of any building, structure, or
premises shall fail or neglect, after proper request is made as herein provided, to promptly
permit entry therein by the building official for the purpose of inspection and
examination pursuant to this code.
*104.3 Stop work orders. Upon notice from the building official, work on any
building, structure, electrical, gas, mechanical or plumbing system that is being done
contrary to the provisions of this code or in a dangerous or unsafe manner, shall
immediately cease. Such notice shall be in writing and shall be given to the owner of the
property, or to their agent, or to the person doing the work, and shall state the conditions
under which work may be resumed. Where an emergency exists, the building official
shall not be required to give a written notice prior to stopping the work.
*104.4 Revocation of permits
*104.4.1 Misrepresentation of application. The building official may revoke a
permit or approval, issued under the provisions of this code, 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.
*104.4.2 Violation of code provisions. The building official may revoke a permit
upon determination by the building official that the construction, erection, alteration,
repair, moving, demolition, installation, or replacement of the building, structure,
electrical, gas, mechanical or plumbing systems for which the permit was issued is in
violation of, or not in conformity with, the provisions of this code.
*104.5 Unsafe buildings or systems. All buildings, structures, electrical, gas,
mechanical or plumbing systems which are unsafe, unsanitary, or do not provide
adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human
life, or which in relation to existing use, constitute a hazard to safety or health, are
considered unsafe buildings or service systems. All such unsafe buildings, structures or
service systems are hereby declared illegal and shall be abated by repair and
rehabilitation or by demolition in accordance with the Code. The extent of repairs shall
be determined by the building official. When the building official determines that an
unsafe building, structure or service system cannot be reasonably repaired in accordance
with this or the technical codes, it shall be demolished in accordance with this section.
*104.5.1 Written notice. When the building official determines a building, structure,
electrical, gas, mechanical or plumbing system or portion thereof is unsafe, as set forth in
this Code he/she shall, in accordance with established procedure for legal notices, give
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the owner, agent or person in control of such building, structure, electrical, gas,
mechanical or plumbing system written notice stating the defects thereof. This notice
shall require the owner within a stated time either to complete specified repairs or
improvements, or to demolish and remove the building, structure, electrical, gas,
mechanical or plumbing system or portion thereof.
*104.5.2 Posting of Notice. If necessary, such notice shall also require the building,
structure, electrical, gas, mechanical, plumbing systems or portion thereof to be vacated
forthwith and not reoccupied until the specified repairs and improvements are completed,
inspected and approved by the building official. The building official shall cause to be
posted at each entrance to such building a notice stating:
THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN
PROHIBITED BY THE BUILDING OFFICIAL.
Such notice shall remain posted until the required repairs are made or demolition is
completed. It shall be unlawful for any person, firm or corporation or its officers, agents,
or other servants, to remove such notice without written permission of the building
official, or for any person to enter the building, or use such systems except for the
purpose of making the required repairs or of demolishing same.
*104.5.3 Right to appeal. The owner, agent or person in control shall have the right to
appeal from the decision of the building official, as provided hereinafter, and to appear
before the Construction Board of Adjustments and Appeals at a specified time and place
to show cause why he should not comply with said notice.
*104.5.4 Abatement. In case the owner, agent, or person in control cannot be found
within the stated time limit, or, if such owner, agent, or person in control shall fail,
neglect, or refuse to comply with notice to repair, rehabilitate, or to demolish, and remove
said building, structure, electrical, gas, mechanical or plumbing system or portion thereof,
the building official, after having ascertained the cost, shall cause such building,
structure, electrical, gas, mechanical or plumbing system or portion thereof, to be
demolished, secured, or required to remain vacant or unused.
*104.5.5 Decisions of the Building Official. The decision of the building official
shall be final in cases of emergency, which, in the opinion of the building official,
involve imminent danger to human life or health, or the property of others. He/she shall
promptly cause such building, structure, electrical, gas, mechanical or plumbing system
or portion thereof to be made safe or cause its removal. For this purpose he/she may at
once enter such structure or land on which it stands, or abutting land or structures, with
such assistance and at such cost as he may deem necessary. He/she may order the
vacating of adjacent structures and may require the protection of the public by
appropriate fence or such other means as maybe necessary, and for this purpose may
close a public or private way.
*104.5.6 Costs Incurred. Costs incurred under 104.5.4 and 104.5.5 shall be charged to
the owner of the premises involved. If charges are not paid within a ten (10) day period
following the billing notification sent by certified mail, the owner of the premises will be
charged in the following manner:
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1. The building official shall assess the entire cost of such vacation, demolition, or
removal against the real property upon which such cost was incurred, which
assessment shall include but not be limited to all administrative costs, postal
expenses, newspaper publication, and shall constitute a lien upon such property
superior to all others except taxes.
2. The Village Clerk shall file such lien with the Clerk of the Circuit Courtin the
County's Official Record Book showing the nature of such lien, the amount
thereof and an accurate legal description of the property, including the street
address, which lien shall be effective from the date of filing and recite the names
of all persons notified and interested persons. After three (3) months from the
filing of any such lien which remains unpaid, the governing body may foreclose
the lien in the same manner as mortgage liens are foreclosed. Such lien shall bear
interest from date of abatement of nuisance at the rate of ten (10) percent per
annum and shall be enforceable if unsatisfied as other liens may be enforced by
the governing agency.
*104.6 Other Requirements. Requirements not covered by code. Any requirements
necessary for the strength, stability or proper operation of an existing or proposed
building, structure, electrical, gas, mechanical or plumbing system, or for the public
safety, health and general welfare, not specifically covered by this or the other technical
codes, shall be determined by the building official. In addition, other requirements to
implement, clarify or set procedures to accomplish the intent of this code may be set in
writing by the building official and may be posted electronically for public access.
104.7 Reserved.
104.8 Reserved.
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 that meet the
requirements of this code for new materials is permitted. Used equipment and devices
shall not be reused unless approved by the building official.
104.10 Reserved.
104.11 Alternative materials. Alternative materials, design and methods of
construction and equipment. The provisions of this code are not intended to prevent the
installation of any material or to prohibit any design or method of construction not
specifically prescribed by this code, provided that any such alternative has been
approved. An alternative material, design or method of construction shall be approved
where the building official finds that the proposed design is satisfactory and complies
with the intent of the provisions of this code, and that the material, method or work
offered is, for the purpose intended, at least the equivalent of 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
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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 Permit application -When required.
Any owner, authorized agent, or contractor who desires 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 electrical, gas, mechanical or
plumbing system, the installation of which is regulated by the technical codes, or to cause
any such work to be done, shall first make application to the building official and obtain
the required permit for the work. Permit applicants shall be properly qualified under the
laws regulating the certification and licensing of contractors, or be exempt there from.
Permit applicants shall be competent in all technical work and codes under their direct
supervision as determined by the building official or designee. A permit shall be required
for, but not limited to, the following as determined by the building official:
Buildings/Structures -Construct, erect, enlarge, alter, move, remove, relocate,
demolish or change the occupancy of any building, or portion thereof.
Service Systems -Install, enlarge, alter, repair, improve, remove, convert or
replace any electrical, gas, mechanical, or plumbing system work or cause the
same to be done.
Roofing -Install, replace, or resurface roofing, or make repairs. If during any 12-
monthperiod more than 25% of a roof is removed, repaired, or recovered, then
the entire roof shall comply with the requirements of the technical codes.
Windows & Doors -Install or replace windows or doors including frames,
shutters, awnings, canopies, or similar items.
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Barriers & Signs -Erect or replace fences, walls, signs, or sign structures.
Antennas, Mast or Poles -Install or replace masts, towers for television or radio
receiving transmitting antenna extending more than ten feet above the last
anchorage, satellite dish antennas, flag poles, exterior lighting or similar items.
Pools -Install swimming pool, wading pool, or spas, above or below ground,
unless otherwise exempted.
Fuel Tanks -Install or replace gasoline, fuel, oil, bottled gas, oxygen, nitrous
oxide, or similar liquid or gaseous storage tanks, pumps, and related equipment,
above or below ground in a capacity of more than five gallons.
Surfaces -Construct, replace or resurface asphalt or concrete driveways, parking
areas, hardstands, or sidewalks.
Marine Facilities -Install or replace docking mooring facilities for private or
commercial watercraft, groins, sea walls, jetties, revetments, or similar structures
and facilities related thereto.
Fire Prevention/Suppression -Install, replace, or relocate fire sprinkler, fire alarm,
smoke detection, or similar fire prevention and protection systems and related
equipment or appurtenances.
Exceptions:
Ordinary minor repairs, installation or replacement maybe made with the
approval of the building official without a permit. Installation shall be done in
accordance with the manufacturer's specifications when not in conflict with this
or the technical Codes.
Exemption from the 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 the technical codes or any other laws or ordinances of the
applicable governing body.
Building. Building permits may not be required for replacement or repair work
having value of less than $1,000, providing, however, that such work will not
effect the structural integrity, fire rating, exit access or egress requirements.
Mechanical. Permits may not be required for the following mechanical work:
1. Any portable heating appliance.
2. Any portable ventilation equipment.
3. Any portable cooling unit.
4. Any steam, hot or chilled water piping within any heating or cooling
equipment regulated by this code.
5. Replacement of any part which does not alter its approval or make it
unsafe.
6. Any portable evaporative cooler.
7. Any self-contained refrigeration system containing ten pounds or less of
refrigerant and actuated by motors of one-horsepower or less.
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Electrical, Gas & Plumbing. In a one and two-family dwelling, a permit may not
be required for the following:
1. Repair, installation or replacement of common household fixtures to
existing energy supply lines and outlets. Existing energy supply lines shall
not be altered or extended.
2. Repair or replacement of common household electrical switches and
outlets on the load side of the electrical source.
3. Repair, installation or replacement of common household plumbing
fixtures to existing supply lines and outlets. Existing supply lines shall not
be altered or extended. This does not include water heaters.
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.
Permits shall not be required for the following:
Building permits and roofing permits are not required for replacement or repair work
having value of less than $1,000, providing however, that such work will not effect the
structural integrity, fire rating, exit access or egress requirements.
Exceptions:
Ordinary minor repairs, installation or replacement maybe made with the
approval of the building official without a permit. Installation shall be done in
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accordance with the manufacturer's specifications when not in conflict with this
or the technical Codes. Exemption from the 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 the technical codes or any other laws or
ordinances of the applicable governing body.
Building. Building permits may not be required for replacement or repair work
having value of less than $1,000, providing, however, that such work will not
effect the structural integrity, fire rating, exit access or egress requirements. In the
case of roofing repairs, a permit may not be required for work having a value of
less than $500, unless such work effects the structural integrity of the roof.
Mechanical. Permits may not be required for the following mechanical work:
1. Any portable heating appliance.
2. Any portable ventilation equipment.
3. Any portable cooling unit.
4. Any steam, hot or chilled water piping within any heating or cooling
equipment regulated by this code.
5. Replacement of any part which does not alter its approval or make it
unsafe.
6. Any portable evaporative cooler.
7. Any self-contained refrigeration system containing ten pounds or less of
refrigerant and actuated by motors of one-horsepower or less.
Electrical, Gas & Plumbing. In a one and two-family dwelling, a permit may not
be required for the following:
1. Repair, installation or replacement of common household fixtures to
existing energy supply lines and outlets. Existing energy supply lines shall
not be altered or extended.
2. Repair or replacement of common household electrical switches and
outlets on the load side of the electrical source.
3. Repair, installation or replacement of common household plumbing
fixtures to existing supply lines and outlets. Existing supply lines shall not
be altered or extended. This does not include water heaters.
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. Prior notification shall be given to the
building official including the work address, nature of emergency and scope of work.
105.2.2 Minor repairs. Ordinary minor repairs or installation of replacement parts may
be made with the prior 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 orload-bearing support, or the removal or
change of any required means of egress, or rearrangement of parts of a structure affecting
the egress requirements; additionally, ordinary minor repairs shall not include addition to,
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alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage,
drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or
mechanical equipment or other work affecting public health or general safety, and such
repairs shall not violate any of the provisions of the technical codes.
*105.2.3 Temporary structures. A special building permit for a limited time shall be
obtained before the erection of temporary structures such as construction sheds, seats,
canopies, tents and fences used in construction work or for temporary purposes such as
reviewing stands. Such structures shall be completely removed upon the expiration of the
time limit stated in the permit.
*105.2.4 Work authorized. A building, electrical, gas, mechanical or plumbing permit
shall carry with it the right to construct or install the work, provided the same are shown
on the drawings and set forth in the specifications filed with the application for the
permit. Where these are not shown on the drawings and covered by the specifications
submitted with the application, separate permits shall be required.
105.3 Application for permit. To obtain a permit, the applicant shall first file an
application therefore in writing on a form furnished by the building department for that
purpose. The owner, or an authorized agent shall sign the application. 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 latest edition of Florida Building Code, the state minimum building code in
effect in the permitting jurisdiction on the date of the application governs the permitted
work for the life of the permit and any extension granted to the permit.
105.3.1 Action on application. The building official shall examine or cause to be
examined applications for permits and amendments thereto within a reasonable time after
filing. If the application or the construction documents do not conform to the
requirements of pertinent laws, the building official shall reject such application in
writing, stating the reasons therefore. If the building official is satisfied that the proposed
work conforms to the requirements of this code and laws and ordinances applicable
thereto, the building official shall issue a permit therefore as soon as practicable. When
authorized through contractual agreement with a school board, in acting on applications
for permits, the building official shall give first priority to any applications for the
construction of, or addition or renovation to, any school or educational facility.
105.3.1.1 Public /State School, Administrative Costs Only. If a state university,
state community college or public school district elects to use a local government's code
enforcement offices, fees charged by counties and municipalities for enforcement of the
Florida Building Code on buildings, structures, and facilities of state universities, state
colleges, and public school districts shall not be more than the actual labor and
administrative costs incurred for plans review and inspections to ensure compliance with
the code.
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105.3.1.2 Permit Documents. No permit may be issued for any building construction,
erection, alteration, modification, repair, or addition unless the applicant for such permit
provides to the enforcing agency which issues the permit any of the following documents
which apply to the construction for which the permit is to be issued and which shall be
prepared by or under the direction of an engineer registered under Chapter 471, Florida
Statutes:
1. Electrical documents for any new building or addition which requires an
aggregate service capacity of 600 amperes (240 volts) or more on a residential
electrical system or 800 amperes (240 volts) or more on a commercial or
industrial electrical system and which costs more than $50,000.
2. Plumbing documents for any new building or addition which requires a
plumbing system with more than 250 fixture units or which costs more than
$50,000.
3. Fire sprinkler documents for any new building or addition that includes a fire
sprinkler system which contains 50 or more sprinkler heads. A Contractor I,
Contractor II, or Contractor IV, certified under Section 633.521 Florida Statutes,
may design a fire sprinkler system of 49 or fewer heads and may design the
alteration of an existing fire sprinkler system if the alteration consists of the
relocation, addition or deletion of not more than 49 heads, notwithstanding the
size of the existing fire sprinkler system.
4. Heating, ventilation, and air-conditioning documents for any new building or
addition that requires more than a 15-ton-per-system capacity that is designed to
accommodate 100 or more persons or for which the system costs more than
$50,000. This paragraph does not include any document for the replacement or
repair of an existing system in which the work does not require altering a
structural part of the building or for work on a residential one, two, three or four-
family structure. An air-conditioning system may be designed by an installing air-
conditioning contractor certified under Chapter 489, Florida Statutes, to serve any
building or addition which is designed to accommodate fewer than 100 persons
and requires an air-conditioning system with a value of $50,000 or less; and when
a 15-ton-per system or less is designed for a singular space of a building and each
15-ton system or less has an independent duct system. Systems not complying
with the above require design documents that are to be sealed by a professional
engineer.
Example 1: When a space has two 10-ton systems with each having an
independent
duct system, the contractor may design these two systems since each unit
(system) is less than 15 tons.
Example 2: Consider a small single-story office building that consists of
six individual offices where each office has a single three-ton package air
conditioning heat pump. The six heat pumps are connected to a single
water-cooling tower. The cost of the entire heating, ventilation and air-
conditioning work is $47,000 and the office building accommodates fewer
than 100 persons. Because the six mechanical units are connected to a
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common water tower this is considered to be an 18-ton system. A
mechanical or air conditioning contractor therefore could not design it.
Note: It was further clarified by the Florida Building Commission
that the limiting criteria of 100 persons and $50,000 apply to the
building occupancy load and the cost for the total air-conditioning
system of the building.
5. Any specialized mechanical, electrical, or plumbing document for any new
building or addition which includes a medical gas, oxygen, steam, vacuum, toxic
air filtration, halon, or fire detection and alarm system which costs more than
$5,000.
Documents requiring an engineer seal by this part shall not be valid unless a professional
engineer who possesses a valid certificate of registration has personally signed, dated,
and stamped such document as provided in Section 471.025, Florida Statutes.
105.3.2 Time limitation of application. An application for a permit for any proposed
work shall be deemed to have been abandoned 180 six months 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 not to exceed three extensions. After the
third extension, appeal maybe made to the Building Board of Adjustment and Appeals
for any additional extensions. The extension shall be requested in writing prior to the
abandonment date and justifiable cause demonstrated. Abandoned applications shall be
subject to destruction in accordance with state law.
105.3.3 An enforcing authority may not issue a building permit for any building
construction, erection, alteration, modification, repair or addition unless the permit either
includes on its face or there is attached to the permit the following statement:
"NOTICE: In addition to the requirements of this permit, there maybe 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."
105.3.3 Notice
An enforcing authority may not issue a building permit for any building construction,
erection, alteration, modification, repair or addition unless the permit either includes on
its face or there is attached to the permit the following statement: "NOTICE: In addition
to the requirements of this permit, there may be additional restrictions applicable to this
property that may be found in the public records of this county, and there maybe
additional permits required from other governmental entities such as water management
districts, state agencies, or federal agencies."
105.3.4 Permit Issuance, Single Family. A building permit for asingle-family
residential dwelling must be issued within 30 working days of application therefore
unless unusual circumstances require a longer time for processing the application or
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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 one 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.
105.4 Conditions of the permit.
105.4.1 Permit intent. A permit issued shall be constructed 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 expire 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 Permit Revoked. 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.
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105.4.1.2 Work To Be Removed. If a new permit is not obtained within 180 six
months from the date the initial permit became null and void, the building official is
authorized to require that any work that 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 Active Permit. Work shall be considered to be in active progress when the
permit has received an approved inspection within six months. This provision shall not be
applicable in case of civil commotion or strike or when the building work is halted due
directly to judicial injunction, order or similar process. The building official is authorized
to grant, in writing, one or more extensions of time, for periods not more than 90 days
each. The extension shall be requested in writing and justifiable cause demonstrated,
prior to expiration.
105.4.1.4 Permit Renewal Fee. The fee for renewal re-issuance of a permit shall be
set forth by the administrative authority.
105.5 Reserved.
105.6 Reserved.
105.7 Placement of permit. The building permit or copy shall be kept on the site of
the work until the completion of the project.
105.7.1 Placing of permit. Work requiring a permit shall not commence until the
permit holder or his agent places the permit card and all related documents in a
conspicuous place on the premises. All The permit card and all related documents shall
be protected from the weather and located in such position as to allow the building
official or representative to conveniently make the required entries thereon. The permit
and all related documents shall be maintained in such position by the permit holder until
the Certificate of Occupancy or Completion is issued by the building official.
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 18-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 or plan 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
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Environmental Protection of his or her intentions to remove asbestos, when applicable, in
accordance with state and federal law.
105.10 Termites. 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, final exterior treatment shall be
completed prior to final building approval.
105.11 Notice of termite protection. A permanent sign which identifies the termite
treatment provider and need for re-inspection 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 maybe 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 Foundation or phased permit approval. After submittal of the appropriate
construction documents, the building official is authorized to issue a permit for the
construction of foundations or any other part of a building or structure before the
construction documents for the whole building or structure have been submitted. The
holder of such permit for the foundation or other parts of a building or structure shall
proceed at the holder's own risk with the building operation and without assurance that a
permit for the entire structure will be granted. Corrections may be required to meet the
requirements of the technical codes.
105.14 Permit Issued on Basis of Affidavit. The building official may accept a
sworn affidavit from a registered architect or engineer stating that the plans submitted
conform to the technical codes. For buildings and structures, the affidavit shall state that
the plans conform to the laws as to egress, type of construction and general arrangement
and, if accompanied by drawings, show the structural design and that the plans and
design conform to the requirements of the technical codes as to strength, stresses, strains,
loads and stability. The building official may without any examination or inspection
accept such affidavit, provided the architect or engineer who made such affidavit agrees
to submit to the building official copies of inspection reports as inspections are performed
and upon completion of the structure, electrical, gas, mechanical or plumbing systems a
certification that the structure, electrical, gas, mechanical or plumbing system has been
erected in accordance with the requirements of the technical codes. Where the building
official relies upon such affidavit, the architect or engineer shall assume full
responsibility for compliance with all provisions of the technical codes and other
pertinent laws or ordinances. The building official shall ensure that any person
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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
Nothing aforesaid shall preclude plan review or inspections by the building official.
SECTION 106 CONSTRUCTION DOCUMENTS
106.1 Submittal documents. Construction documents, special inspection and
structural observation programs, and other data shall be submitted in one two or more
sets with each application for a permit. The construction documents shall be prepared by
a design professional where required by the statutes. Where special conditions exist, the
building official is authorized to require additional construction documents to be prepared
by a 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. If the design professional is an architect or engineer legally registered
under the laws of this state regulating the practice of architecture as provided for
in Chapter 481, Florida Statutes, Part I, or engineering as provided for in Chapter
471, Florida Statutes, then he or she shall affix his or her official seal, signature
and date to said drawings, specifications and accompanying data, as required by
Florida Statute. If the design professional is a landscape architect registered under
the laws of this state regulating the practice of landscape architecture as provided
for in Chapter 481, Florida Statutes, Part II, then he or she shall affix his or her
seal, signature and date to said drawings, specifications and accompanying data as
defined in Section 481.303(6)(a)(b)(c)(d), FS.
106.1.1 Information on construction documents. Construction documents shall
be dimensioned and drawn upon suitable material. Electronic media documents are
allowed 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 regulations, as determined by the building official
(see also Section 106.3.5).
106.1.1.1 Fire protection system shop drawings. Shop drawings for the fire
protection system(s) shall be submitted to indicate conformance with 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.
106.1.1.2 Roof Assemblies. 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
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architect or engineer for the specific site must be submitted with the construction
documents.
*106.1.2 Additional data. The building official may require details, computations,
stress diagrams, and other data necessary to describe the construction or installation and
the basis of calculations. All drawings, specifications and accompanying data required by
the building official to be prepared by an architect or engineer shall be affixed with their
official seal, signature and date as state law requires.
*106.1.3. Quality of building plans. Building plans shall be drawn to a minimum 1/8
inch scale upon substantial paper, cloth or other acceptable medium. The building official
may establish through departmental policy, other standards for plans and specifications,
in order to provide conformity to its record retention program. This policy may include
such things as minimum size, shape, contrast, clarity, or other items related to records
management.
106.2 Reserved.
106.3 Examination of documents. The building official shall examine or cause to be
examined the accompanying construction documents and shall ascertain by such
examinations whether the construction indicated and described is in accordance with the
requirements of this code and other pertinent laws or ordinances.
Exceptions:
1. Building plans approved pursuant to Section 553.77(3), Florida Statutes, and
state approved manufactured buildings are exempt from local codes enforcing
agency plan reviews except for provisions of the code relating to erection,
assembly or construction at the site. Erection, assembly (including utility
crossover connections) and construction at the site are subject to local permitting
and inspections.
2. Industrial construction on sites where design, construction and fire safety are
supervised by appropriate licensed design and inspection professionals and which
contain adequate in-house fire departments and rescue squads is exempt, subject
to local government option approval of the building official, from review of plans
and inspections, providing owners the appropriate licensed design and inspection
professionals certify that applicable codes and standards have been met and
supply appropriate approved drawings to local building and fire-safety inspectors.
106.3.1 Approval of construction documents. When the building official issues a
permit, the construction documents shall be approved endorsed, 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.
106.3.2 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
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which has been pursued in good faith within 180 days after the effective date of this code
and has not been abandoned.
*106.3.3 Product approvals. Those products which are regulated by DCA Rule 9B-
72 shall be reviewed and approved in writing by the designer of record prior to submittal
for jurisdictional approval.
*106.3.4 Structural and fire resistance integrity. Plans for all buildings shall
indicate how required structural and fire resistance integrity will be maintained where a
penetration of a required fire resistant wall, floor or partition will be made for electrical,
gas, mechanical, plumbing and communication conduits, pipes and systems. Such plans
shall also indicate in sufficient detail how the fire integrity will be maintained where
required fire resistant floors intersect the exterior walls and where j oints occur in required
fire resistant construction assemblies.
*106.3.4.1 Site drawings. Drawings shall show the location of the proposed building
or structure and of every existing building or structure on the site or lot. The building
official may require a boundary line survey, or other survey, prepared by a qualified
surveyor. Surveys shall be prepared in accordance with provisions of Chapters 177 and
472 Florida Statutes, and Rule 61G17, Florida Administrative Code. Site drawings shall
clearly indicate where new construction meets the requirements in compliance with
Section 109.3.11 "Freeboard" or 8.5' above NGVD whichever is greater.
106.3.4.2 Reserved.
106.3.4.3 Certifications by Contractors. Certifications by contractors authorized
under the provisions of Section 489. ll5(4)(b), Florida Statutes, shall be considered
equivalent to sealed plans and specifications by a person licensed under Chapter 471,
Florida Statutes, or Chapter 481 Florida Statutes, by local enforcement agencies for plans
review for permitting purposes relating to compliance with the wind-resistance provisions
of the code or alternate methodologies approved by the Florida Building Commission for
one- and two-family dwellings. Local enforcement agencies may rely upon such
certification by contractors that the plans and specifications submitted conform to the
requirements of the code for wind resistance. Upon good cause shown, local government
code enforcement agencies may accept or reject plans sealed by persons licensed under
Chapters 471, 481 or 489, Florida Statutes.
106.3.5 Minimum plan review criteria for buildings. The examination of the
documents by the building official shall include the following minimum criteria and
documents:
A floor plan; site plan; foundation plan; floor/roof framing plan or truss layout;
and all exterior elevations:
*106.3.5.1 Commercial Buildings
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*106.3.5.1.1 Building
1. Site requirements:
Parking
Fire access
Vehicle loading
Driving/turning radius
Fire hydrant/water supply/post indicator valve (PIV)
Set back/separation (assumed property lines)
Location of specific tanks, water lines and sewer lines
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 draft stopping and calculated fire resistance
5. Fire suppression systems shall include:
Early warning smoke evacuation systems
Schematic fire sprinklers
Standpipes
Pre-engineered systems
Riser diagram
6. Life safety systems shall be determined and shall include the following
requirements:
Occupant load and egress capacities
Early warning
Smoke control
Stair pressurization
Systems schematic
7. Occupancy load/egress requirements shall include:
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
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Construction requirements
Horizontal exits/exit passageways
8. Structural requirements shall include:
Soil conditions/analysis
Termite protection
Design loads
Wind requirements
Building envelope
Structural calculations (if required)
Foundation
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
l0.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;
Plans shall detail compliance with Section 424 of the Florida Building Code and
Department of Health requirements. Proper site plan is also required.
*106.3.5.1.2 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
*106.3.5.1.3 Plumbing
1. Minimum plumbing facilities
2. Fixture requirements
3. Water supply piping
4. Sanitary drainage
5. Water heaters
6. Vents
7. Roof drainage
8. Back-flow prevention
9. Irrigation
10. Location of water supply line
11. Grease traps
12. Environmental requirements
13. Plumbing riser
*106.3.5.1.4 Mechanical
1. Energy calculations
2. Exhaust systems:
Clothes dryer exhaust
Kitchen equipment exhaust
Specialty exhaust systems
3. Equipment
4. Equipment location
5. Make-up air
6. Roof-mounted equipment
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7. Duct systems
8. Ventilation
9. Combustion air
10. Chimneys, fireplaces and vents
11. Appliances
12. Boilers
13. Refrigeration
14. Bathroom ventilation
15. Lavatory
*106.3.5.2 Gas
1. Gas piping
2. Venting
3. Combustion air
4. Chimneys and vents
5. Appliances
6. Type of gas
7. Fireplaces
8. LP tank location
9. Riser diagram/shutoffs
*106.3.5.3 Demolition
1. Asbestos removal
*106.3.5.3.1 Engineering
1. Storm water drainage system and other requirements of the Engineering
Division.
*106.3.5.4 Residential (one- and two-family) Building
1. Site requirements
Set back/separation (assumed property lines)
Location of septic tanks
FEMA Flood elevation certificate
2. Fire-resistant construction (if required)
3. Fire
4. Smoke detector locations
5. Egress:
Egress window size
Location stairs construction requirements
6. Structural requirements shall include:
Wall section from foundation through roof
Assembly and materials
Connector tables
Wind requirements
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Structural calculations (if required)
7. Accessibility requirements:
Show/identify accessible bath
8. Electrical:
Electric service riser
Wire sizes
Conduit detail
Grounding detail
Complete load calculations
Panel schedules
Service equipment
Panel locations
9. Mechanical
Energy calculations
Exhaust systems
Clothes dryer exhaust
Kitchen equipment exhaust
Specialty exhaust systems
Equipment
Equipment location
Make-up air
Roof-mounted equipment
Duct systems
Ventilation
Combustion air
Chimneys, fireplaces and vents
Appliances
Boilers
Refrigeration
Bathroom ventilation
Energy calculations,. Equipment and location, Duct systems
10. Plumbing
Minimum plumbing facilities
Fixture requirements
Water supply piping
Sanitary drainage
Water heaters
Vents
Roof drainage
Back flow prevention
Irrigation
Location of water supply line
Environmental requirements
Plumbing riser
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11. Gas
Gas piping
Venting
Combustion
Chimneys and vents
Appliances
Type of gas
Fireplaces
LP tank location
Riser diagram/shut-offs
12. Engineering
An engineered storm water plan for construction of more than 800 square
feet of impervious area
*106.3.5.5 Swimming pools:
Barrier requirements
Spas
Wading pools
*106.3.5.6 Exemptions. Plans examination by the building official shall not be
required for the following work:
1. Exact replacement of existing equipment such as mechanical units, water
heaters, etc.
2. Re-roofs
3. Minor electrical, plumbing and mechanical repairs
4. Annual maintenance permits
5. Prototype plans
Except for local site adaptations, siding, foundations and/or modifications.
Except for structures that require waiver.
6. Manufactured building plans except for foundations and modifications of
buildings which are constructed on site.
106.4 Amended construction documents. Work shall be installed in accordance
with the approved reviewed construction documents, and any changes made during
construction that are not in compliance with the approved reviewed construction
documents shall be resubmitted for approval review as an amended set of construction
documents.
106.5 Retention of construction documents. One set of approved construction
documents shall be retained by the building official for a period of not less than 180 days
from date of completion of the permitted work, or as required by Florida Statutes.
106.6 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
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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 accordance with the
requirements of the technical codes. Where the building official relies upon such
affidavit, the architect or engineer shall assume full responsibility for compliance with all
provisions of the technical codes and other pertinent laws or ordinances. The building
official shall ensure that any person conducting plans review is qualified as a plans
examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting
inspections is qualified as a building inspector under Part XII of Chapter 468, Florida
Statutes.
SECTION 107 TEMPORARY STRUCTURES AND USES
107.1 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.
107.2 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 the public health, safety and general
welfare.
107.3 Temporary power. The building official is authorized to give permission to
temporarily supply and use power in part of an electric installation before such
installation has been fully completed and the final certificate of completion has been
issued. The part covered by the temporary certificate shall comply with the requirements
specified for temporary lighting, heat or power in Chapter 27 of the Florida Building
Code, Building. For new construction the building official may authorize early power
once all forms, inspections, policies, and feed have been paid for and complied with.
107.4 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 108 FEES
108.1 Prescribed fees. A permit shall not be issued until all fees have been paid.
108.2 Permit fees. For construction that includes building systems, structures,
electrical systems, plumbing systems, mechanical systems, gas systems or other systems
involving site improvements that require a permit, a permit fee and, where applicable,
other fees will be established. These fees will be required to be paid by the applicant
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before the permit will be issued prior to permit issuance. The basis for determining the
permit fee is established by Village resolution. The Village resolution document titled
Fees for Land Development Related Activities contains the factor used to determine the
permit fee. This factor is identified in the category titled Building and Construction
Permits. The dollar amount cost of the permit fee is established by multiplying the value
of the construction that is shown on the plan(s) submitted for permit application by the
permit fee factor. Permit fees are not refundable. Village resolutions are ratified by the
Village Counsel and periodically may be amended pursuant to the code, ordinances or
regulations that are used to establish a resolution.
*108.3 Other fees. A permit shall not be issued until all other fees associated with said
permit are paid. Other fees may include additional fees, penalty fees, water and sewer
capital facility fees, Fire Department fees, Palm Beach County Impact fees and State of
Florida fees. The Fire Department fees are established by the Village of North Palm
Beach Code of Ordinances. The Village collects Palm Beach County Impact fees that
include fees for Roads, Public Buildings, Schools and Parks. The Village collects State of
Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code
Administrators and Inspectors Fund (BCAIF).
108.4 Work commencing before permit issuance. Any person who starts work
that requires a permit before obtaining the necessary permit(s) shall be subject to a
penalty of four times the permit fee that is required for the work. The building official
shall have the authority to waive the penalty fee upon written appeal from the applicant.
*108.5 Plan filing fee. Aplan-filing fee shall be paid at the time of filing a permit
application. The plan-filing fee is part of the permit fee and is deducted from the total
amount of the permit fee. The dollar amount of the plan-filing fee is determined by
multiplying the estimated dollar value of the construction that is specified by the
applicant on the permit application by the permit fee factor and then multiplies that total
dollar amount by 30 percent. The plan-filing fee is not refundable.
*108.6 Permit revision and revision fees. When the applicant changes the
construction from what was illustrated on the permitted plans, or is advised by the
building official to revise plans, he/she shall complete a permit revision application form
and submit two sets of revised drawings that depict the proposed change(s). Following
Upon city approval of the revised working drawings and receipt of the applicant paying
the appropriate permit revision fee, a permit revision will be issued. The permit revision
will allow the construction that is associated with the permit to continue. The dollar
amount of the permit revision fee is established by multiplying the total dollar value of
the revised construction that is identified by the applicant on the permit revision
application by the permit fee factor. The total permit revision fee is not refundable and
the total permit revision fee is due at the time the permit revision application is submitted.
Final inspection approval shall not be granted approved for any permit that has work
when a permit revision that has not been issued.
*108.7 Accounting. The building official shall keep a permanent and accurate
accounting of all permit fees and other monies collected for a permit. The names of
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persons upon whose account the permit was paid, along with the date and amount thereof,
will be on record.
*108.9 Building permit valuations
*108.9.1 Value of construction. The dollar amount of a permit fee is based on the
value of the construction multiplied by the permit fee factor. The value of construction is
the total dollar value of the following elements: value of work associated with structural,
electrical, plumbing, mechanical, interior finishes, normal site preparation, paving,
drainage, landscape, irrigation (excavation and backfill for the building); fees for
architecture and design services; the total of overhead and profit.
*108.9.2 Determining value of construction. The value of construction is the total
dollar value of all construction proposed with a request for permit. The value of
construction for new buildings and/or additions to existing buildings that increase the
floor area by expanding exterior walls or adding a story shall be determined by using the
higher value between the two following computed values of construction -the value that
is established by the applicant by submitting a dated copy of a contract agreement, clearly
indicating all work to be included on the permit application and signed by the property
owner and on the contractors letterhead, or the value established by using the current ICC
Building Valuation Data chart for average construction. The applicant's value of
construction shall be specified on the permit application. The value of construction for
improvements that are not considered new buildings and/or additions to existing
buildings shall be the value of construction that is established by the applicant's actual
cost for materials and shall include an estimated time for labor to be computed at a rate of
Fifteen dollars ($15.00) per hour. The applicant s value cost of construction shall be
specified on the permit application. The value of construction for improvements not listed
or identified in section 108.9.1 such as, but not limited to, site clearing and grubbing,
drainage, site excavation, site fill, irrigation, landscaping, paving, sign, site lighting and
special structural, electrical, plumbing and mechanical systems shall be the value of
construction that is established by the applicant s signed contract. The applicant s value
of construction shall be specified on the permit application. The value of construction for
all improvements shown on the plans submitted for permit(s) shall be included in
determining the total permit fee. In all cases, the value of construction indicated by the
applicant shall include the dollar value of all the elements listed in Section 108.9.1. The
ICC Building Valuation Data is based on the elements listed in Section 108.9.1. The
contract the shall be submitted with the permit application shall include all elements
listed in Section 108.9.1.
*108.9.3 Applying the ICC valuation of construction. The ICC Building
Valuation Data chart is produced twice a year and published in the document entitled
Southern Building. To determine the value of construction using the ICC Building
Valuation Data chart, apply the following: find on the chart the Occupancy Classification
and Type of Construction that matches that which is identified on the approved plans
submitted for permit, take the average per foot value for the appropriate occupancy
classification and type of construction, and multiply that dollar value by the regional
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modifier for Florida and then multiply that total square foot value by the gross floor area
of the building. To determine the value of construction for residential occupancy
classifications, apply 100% of the average per foot value for the gross floor area of living
space, apply 50% of the average per foot value for the gross floor area of garages and
other areas as determined by the building official or his/her designee and apply 25% of
the average per foot value for gross floor area of opened roofed area. The building
valuation data chart includes values for unfinished basements, fire sprinklers, elevators
and, where applicable, they shall be added to the other values to determine the total value
of construction. For special occupancy classifications not listed in the ICC Valuation
Chart, the value of construction shall be based on the cost estimate that the applicant
specifies on the permit application.
*108.9.4 Valuation. If, in the opinion of the building official and/or the building
official's designated representative designee, there is a question regarding the valuation
of the construction that the applicant identified specified on the permit application, the
permit shall be denied unless until the applicant can provides written detailed estimates,
and/or a bona fide signed contract for the proposed improvements. The detailed estimates
and/or bona fide signed contract shall meet the approval of be approved by the building
official and/or the building official's designee.
*108.9.5 Valuation alternatives. The building official may consider alternative
valuations prepared by an independent expert only when accompanied by proper
certification that the values include all elements defined on the plans submitted for
permit.
*108.9.6 Refunds. Refunds may be granted only for the other fees that are collected in
conjunction with issuing a permit. See Section 104.7.3 for a description of other fees.
Contact the building official or his/her designated representative for the procedures that
are required to be followed to request a refund.
*108.10 Contractors
*108.10.1 Contractor's responsibilities. It shall be the duty of every contractor who
shall make contract for the installation or repairs of a building, structure, electrical, gas,
mechanical or plumbing system, for which a permit is required to comply with state or
local rules and regulations concerning licensing and inspections which the applicable
governing authority may have adopted.
*108.10.2 Residential owner/builder. Pursuant to provisions of Chapter 489.503,
Florida Statutes, a sole owner may make application for permit and supervise the work in
connection with the construction, maintenance, alterations, or repairs of a single family or
duplex residence for his/her OWN USE AND OCCUPANCY and not intended for sale.
The construction of more than one residence by an individual owner in any 12-month
period shall be construed as contracting and, such owner shall then be required to be
licensed as a contractor.
*108.10.3 Non-residential owner/builder. An owner of any building may make
application for a building permit for work not involving structural elements, life safety, or
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fire protection, in a building that is for his/her OWN USE AND OCCUPANCY, and
wherein the work does not exceed $5,000 in value, and the total project value including
the value of sub-contract work does not exceed a maximum of $75,000 within any 12-
monthperiod. Contractors currently licensed and insured in their respective field shall
obtain all sub-permits.
SECTION 109 INSPECTIONS
109.1 General. Construction or work for which a permit is required shall be subject to
inspection by the building official and such construction or work shall remain accessible
and exposed for inspection purposes until approved. Approval as a result of an inspection
shall not be construed to be an approval of a violation of the provisions of this code or of
other ordinances of the jurisdiction. Inspections presuming to give authority to violate or
cancel the provisions of this code or of other ordinances of the jurisdiction shall not be
valid. It shall be the duty of the permit applicant to cause the work to remain accessible
and exposed for inspection purposes. Neither the building official nor the jurisdiction
shall be liable for expense entailed in the removal or replacement of any material required
to allow inspection.
109.2 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.
*109.2.1 Existing building inspections. Before issuing a permit, the building
official may examine or cause to be examined any building, electrical, gas, mechanical,
or plumbing systems for which an application has been received for a permit to enlarge,
alter, repair, move, demolish, install, or change the occupancy. He/she may inspect the
buildings, structures, electrical, gas, mechanical and plumbing systems, from time to
time, before, during and upon completion of the work for which a permit was issued.
He/she shall make a record of every such examination and inspection and of all observed
violations of the technical codes. Additional regulations in Chapter 34 of this code may
apply.
*109.2.2 Manufacturers and fabricators. When deemed necessary by the building
official, he/she shall make, or cause to be made, an inspection of materials or assemblies
at the point of manufacture or fabrication. A record shall be made of every such
examination and inspection and of all violations of the technical codes.
109.3 Required inspections. The building official upon notification from the permit
holder or his or her agent shall make the following inspections, and such other
inspections as deemed necessary, and shall either release that portion of the construction
or shall notify the permit holder or his or her agent of any violations which must be
corrected in order to comply with the technical codes. The building official shall
determine the timing and sequencing of when inspections occur and what elements are
inspected at each inspection. A complete survey or special purpose survey may be
required before an inspection is approved. The building official shall have the authority to
accept affidavits as proof of compliance.
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A. Building
1. Foundation inspections. To be made after trenches are excavated and forms
erected and shall at a minimum include the following building components:
Stem-wall
Monolithic slab-on-grade
Piling/pile caps
Footers/grade beams
2. Framing inspections. To be made after the roof, all framing, fire blocking and
bracing is in place, all concealing wiring, all pipes, chimneys, ducts and vents are
complete and shall at a minimum include the following building components:
Window/door framing
Vertical cells/columns
Lintel/tie beams (including truss layout drawings)
Framing/trusses/bracing/connectors
Draft stopping/fire blocking
Curtain wall framing
Energy insulation
Accessibility
Drywall
Sheathing inspections. 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 dry-in
Sheathing/cladding inspection
Gypsum board, as required
4. Roofing inspections. Shall at a minimum include the following building
components:
Dry-in
Insulation
Roof coverings (including In Progress)
Flashing
5. Final inspection. To be made after the building is completed and ready for
occupancy.
6. Swimming pool inspection:
First inspection to be made after excavation and installation of reinforcing
steel, bonding and main drain and prior to placing of concrete
Perimeter plumbing
Pool deck (including soil reports as applicable, paver-type decks, or
special perimeter
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Footings or deck features)
final alarm/electrical inspection prior to filling with water
final inspection to be made when the swimming pool is complete and all
required enclosure requirements are in place
Final Gas (if applicable)
7. Storm Shutter Inspection
To ensure compliance to Section 1606.1.4
8. Demolition Inspections:
First inspection to be made after all utility connections have been
disconnected and secured in such manner that no unsafe or unsanitary
condition shall exit during or after demolition operations.
Final inspection to be made after all demolition work is completed.
9. Manufactured building inspections. The building department shall inspect
construction of foundations; connecting buildings to foundations; installation of
parts identified on plans as site installed items, joining the modules, including
utility 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).
B. Electrical
1. Underground inspection (including bonding and ground). 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, fireblocking and
bracing is in place and prior to the installation of wall or ceiling membranes.
3. Low Voltage: To be made for security, alarm, elevator, and special uses prior to
being covered from view.
4. Final inspection. To be made after the building is complete, all required
electrical fixtures are in place and properly connected or protected, and the
structure is ready for occupancy.
C. Plumbing
1. Underground inspection: To be made after trenches or ditches are excavated,
piping installed, and before any backfill is put in place.
2. Rough-In inspection: To be made after the roof, framing, fire blocking 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 312 of the Florida Building Code, Plumbing, for required tests.
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D. Mechanical
1. Underground inspection. To be made after trenches or ditches are excavated,
underground duct and fuel piping installed, and before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, fire blocking and
bracing are in place and all ducting, and other concealed components are
complete, and prior to the installation of wall or ceiling membranes.
3. Final inspection. To be made after the building is complete, the mechanical
system is in place and properly connected, and the structure is ready for
occupancy.
E. Gas
1. Rough piping inspection. To be made after all new piping authorized by the
permit has been installed, and before any such piping has been covered or
concealed or any fixtures or gas appliances have been connected. This inspection
shall include a pressure test.
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.
*109.3.1. Written release. Work shall not be done on any part of a building, structure,
electrical, gas, mechanical or plumbing system beyond the point indicted in each
successive inspection without first obtaining a written release from the building official.
Such written release shall be given only after an inspection has been made of each
successive step in the construction or installation as indicated by each of the foregoing
inspections.
*109.3.2 Failure to obtain required inspections. The permit applicant's failure to
obtain required inspections may necessitate uncovering concealed work to facilitate
inspection. The cost of testing, certification or additional fees shall be born by the
applicant. In addition, the building official may refuse to issue a building permit or issue
a permit with specific conditions if the local Building Board of Adjustment and Appeals,
through a public hearing which affords due process, has found the contractor guilty of a
willful building code violation, fraud or disregard for inspection requirements.
*109.3.3 Reinforcing steel and structural frames. Reinforcing steel or structural
framework of any part of any building or structure shall not be covered or concealed
without first obtaining a release from the building official. Certification that field welding
and structural bolted connections meet design plan requirements shall be submitted to the
building official, upon request. Certification of weld and bolted connections shall be from
a third party independent agency.
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109.3.4 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.
109.3.5 Shoring. For threshold buildings, shoring and associated formwork or false
work 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.
109.3.6 Threshold building.
109.3.6.1 Threshold Inspector Required. The enforcing agency shall require a
special inspector to perform structural inspections on a threshold building pursuant to a
structural inspection plan prepared by the engineer or architect of record. The structural
inspection plan must be submitted to the enforcing agency prior to the issuance of a
building permit for the construction of a threshold building. The purpose of the structural
inspection plans is to provide specific inspection procedures and schedules so that the
building can be adequately inspected for compliance with the permitted documents.
109.3.6.2 Special Inspector Shall Inspect. The special inspector shall inspect the
shoring and re-shoring for conformance to the shoring and re-shoring 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 Section 553.71(7)
Florida Statutes, may designate such building as a threshold building, subject to more
than the minimum number of inspections required by the Florida Building Code,
Building.
109.3.6.3 Cost. 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.
109.3.6.4 Enforcement Agency. Each enforcement agency shall require that, on
every threshold building:
109.3.6.4.1 Special Inspector Statement. The special inspector, upon completion
of the building and prior to the issuance of a certificate of occupancy, file a signed and
sealed statement with the enforcement agency in substantially the following form:
"To the best of my knowledge and belief, the above described construction of all
structural load-bearing components complies with the permitted documents, and
the shoring and re-shoring conforms to the shoring and re-shoring plans submitted
to the enforcement agency."
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109.3.6.4.2 Revision. 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.
109.3.6.4.3 Shoring Records. All shoring and re-shoring procedures, plans and
details shall be submitted to the enforcement agency for record keeping. Each shoring
and re-shoring installation shall be supervised, inspected and certified to be in
compliance with the shoring documents by the contractor.
109.3.6.4.4 Engineer Statement. 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.
109.3.6.5 Permit Issuance. No enforcing agency may issue a building permit for
construction of any threshold building except to a licensed general contractor, as defined
in Section 489.105(3)(a), Florida Statutes, or to a licensed building contractor, as defined
in Section 489.105(3)(b), Florida Statutes, within the scope of her or his license. The
named contractor to whom the building permit is issued shall have the responsibility for
supervision, direction, management and control of the construction activities on the
project for which the building permit was issued.
109.3.6.6 Special Inspector. The building department may allow a special inspector
to conduct the minimum structural inspection of threshold buildings required by this
code, Section 553.73, Florida Statutes, without duplicative inspection by the building
department. The building official is responsible for ensuring that any person conducting
inspections is qualified as a building inspector under Part XII of Chapter 468, Florida
Statutes, or certified as a special inspector under Chapter 471 or 481, Florida Statutes.
Inspections of threshold buildings required by Section 553.79(5), Florida Statutes, are in
addition to the minimum inspections required by this code.
*109.3.7 Other inspection services. The building official may make, or cause to be
made by others, the inspections required by Section 109. He/she may accept reports of
inspectors of recognized inspection services, provided that after investigation he/she is
satisfied as to their qualifications and reliability. A certificate called for by any provision
of the technical codes shall not be based on such reports unless the same are in writing
and certified by a responsible officer of such service. The building official may require
the owner to employ an inspection service in the following instances:
1. For buildings or additions of Type I or Type II construction
2. For all major structural alterations
3. Where the concrete design is based on compressive strength (f'c) in excess of
3000 pounds per square inch
4. For pile driving
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5. For buildings with area greater than 20,000 square foot
6. For buildings more than 2 stories in height
7. For buildings and structures of unusual design or methods of construction
Such inspectors shall be adequately present at all times that work is underway on
the structural elements of the building. work. Such inspectors shall be a registered
architect, or engineer, or a person licensed under Chapter 468, Part XII, Florida
Statutes. Such inspectors shall submit weekly progress reports including the daily
inspections to the building official, and including a code compliance opinion of
the Resident Inspector. At the completion of the construction work or project,
such inspectors shall submit a certificate of compliance to the building official,
stating that the work was done in compliance with this code and in accordance
with the permitted drawing. Final inspection shall be made by the building official
before a Certificate of Occupancy or Certificate of Completion is issued; and
confirmation inspections may be made at any time to monitor activities and
resident inspectors.
*109.3.8 Plaster fire protection. In all buildings where plaster is used for fire
protection purposes, the permit holder or his agent shall notify the building official after
all lathing and backing is in place. Plaster shall not be applied until the release from the
building official has been received.
*109.3.9 Fire resistant joints and penetrations. The protection of joints and
penetrations in required fire resistant construction assemblies shall not be covered or
concealed from view without first obtaining a release from the building official.
*109.3.10 Impact of construction. All construction activity regulated by this code
shall be performed in a manner so as not to adversely impact the condition of adjacent
property, unless such activity is permitted to affect said property pursuant to a consent
granted by the applicable property owner, under terms or conditions agreeable to the
applicable property owner. This includes, but is not limited to, the control of dust, noise,
water or drainage run-offs, debris, and the storage of construction materials. New
construction activity shall not adversely impact legal historic surface water drainage
flows serving adjacent properties, and may require special drainage design complying
with engineering standards to preserve the positive drainage patterns of the affected sites.
Accordingly, developers, contractors and owners of all new residential development,
including additions, pools, patios, driveways, decks or similar items, on existing
properties resulting in a significant decrease in excess of 800 square feet of permeable
land area on any parcel or has altered the drainage flow on the developed property shall,
as a permit condition, provide a professionally prepared drainage plan clearly indicating
compliance with this paragraph. Upon completion of the improvement, a certification
from a licensed engineer shall be submitted to the inspector in order to receive approval
of the final inspection.
*109.3.11 Freeboard. The finish floor elevation of all habitable space in new
construction not located in a flood zone shall be elevated a minimum of eighteen (18)
inches above the crown of the road.
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*109.4 Inspections prior to issuance of Certificate of Occupancy or
Completion. The building official shall inspect or cause to be inspected, at various
intervals, all construction or work for which a permit is required, and a final inspection
shall be made of every building, structure, electrical, gas, mechanical or plumbing system
upon completion, prior to the issuance of the Certificate of Occupancy or Certificate of
Completion. In performing inspections, the building official shall give first priority to
inspections of the construction, addition, or renovation to, any facilities owned or
controlled by a state university, state community college or public school district.
109.5 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.
109.6 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 110 CERTIFICATES OF OCCUPANCY AND BUILDING
USE
110.1 Use and Occupancy
*110.1.1 Building occupancy. A new building shall not be occupied or a change
made in the occupancy, nature or use of a building or part of a building until after the
building official has issued a Certificate of Occupancy. Said certificate shall not be issued
until all required electrical, gas, mechanical, plumbing and fire protection systems have
been inspected for compliance with the technical codes and other applicable laws and
ordinances and released by the building official.
*110.1.2 Issuing Certificate of Occupancy. Upon satisfactory completion of
construction of a building or structure and installation of electrical, gas, mechanical and
plumbing systems in accordance with the technical codes, reviewed plans and
specifications, and after the final inspection, the building official shall issue a Certificate
of Occupancy stating the nature of the occupancy permitted, the number of persons for
each floor when limited by law, and the allowable load per square foot for each floor in
accordance with the provisions of this code. 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.
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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. The name of the building official.
7. The edition of the code under which the permit was issued.
8. The use and occupancy, in accordance with the provisions of Chapter 3.
9. The type of construction as defined in Chapter 6.
10. The design occupant load.
11. If an automatic sprinkler system is provided, whether the sprinkler system is
required.
12. Any special stipulations and conditions of the building permit.
110.2 Certificate of Completion. Upon satisfactory completion of a building,
structure, electrical, gas, mechanical or plumbing system, a Certificate of Completion
may be issued. This certificate is proof that a structure or system is complete and for
certain types of permits is released for use and may be connected to a utility system. This
certificate does not grant authority to occupy or connect a building, such as a shell
building, prior to the issuance of a Certificate of Occupancy.
110.3 Temporary/Partial occupancy. A 30-day temporary/partial Certificate of
Occupancy or Certificate of Completion may be issued for a portion or portions of a
building that may safely be occupied prior to final completion of the building. The
building official shall have the authority, once all life safety issues have been complied
with, to require an applicant to provide adequate cash surety for unfinished work or
revision of plans until a permanent Certificate of Occupancy or Certificate of Completion
is granted. The purpose of the cash surety is to insure completion of work under this
permit. Such cash surety shall be equal to one hundred ten percent (110%) of the
estimated value of the remaining work, including labor and material, as determined by
the design professional. The design professional shall submit a signed and sealed
document attesting to the amount required to cover the cash surety. If work has not been
completed and all finals requested within 90 days of issuance of the initial
Temporary/Partial Certificate of Occupancy or Certificate of Completion, the City retains
the right to have the applicant surrender the cash surety. The City then may use the surety
to finish the remaining work. The surety shall be in the form of cash money, certified
check, or cashiers check. Surety shall be returned upon approval of all final inspections
and upon written request that has been approved by the building official.
110.4 Revocation. The building official is authorized to, in writing, suspend or revoke
a certificate of occupancy or completion issued under the provisions of this code
wherever the certificate is issued in error, or on the basis of incorrect information
supplied, or where it is determined that the building or structure or portion thereof is in
violation of any ordinance or regulation or any of the provisions of this code.
*110.5 Posting floor loads
*110.5.1 Occupancy. An existing or new building shall not be occupied for any
purpose that will cause the floors thereof to be loaded beyond their safe capacity. The
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building official may permit occupancy of a building for mercantile, commercial or
industrial purposes, by a specific business, when he/she is satisfied that such capacity will
not thereby be exceeded.
*110.5.2 Storage and factory-industrial occupancies. It shall be the
responsibility of the owner, agent, proprietor or occupant of Group S and Group F
occupancies, or any occupancy where excessive floor loading is likely to occur, to
employ a competent architect or engineer in computing the safe load capacity. All such
computations shall be accompanied by an affidavit from the architect or engineer stating
the safe allowable floor load on each floor in pounds per square foot uniformly
distributed. The computations and affidavit shall be filed as a permanent record of the
building division.
*110.5.3 Signs required. In every building or part of a building used for storage,
industrial or hazardous purposes, the safe floor loads, as reviewed by the building official
on the plan, shall be marked on plates of approved design which shall be supplied and
securely affixed by the owner of the building in a conspicuous place in each story to
which they relate. Such plates shall not be removed or defaced, and if lost, removed or
defaced, shall be replaced by the owner of the building.
SECTION 111 Service Utilities
111.1 Connection of service utilities. No person shall make connections from a
utility, source of energy, fuel or power to any building or system which is regulated by
the technical codes for which a permit is required, until released by the building official
and a Certificate of Occupancy or Completion is issued. The servicing utility company
shall not connect the power supply until notified by the building official.
111.2 Temporary connection. The building official may authorize the temporary
connection of the building or system to the utility source of energy, fuel or power for the
purpose of testing building service systems or for use under a temporary Certificate of
Occupancy.
111.3 Authority to disconnect service utilities. The building official shall have
the authority to authorize disconnection of utility service to the building, structure or
system regulated by the technical codes, in case of emergency where necessary to
eliminate an immediate hazard to life, or property, or unsafe condition. The building
official shall notify the serving utility and, whenever 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.
*111.4 Tests. The building official may require tests or test reports as proof of
compliance. Required tests are to be made at the expense of the owner, or agent, by an
approved testing laboratory or other approved agency.
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*SECTION 112 BUILDING BOARD OF ADJUSTMENT AND
APPEALS
*112.1 Appointment. There is hereby established a board to be called the Building
Board of Adjustment and Appeals, which shall consist of seven members and two
alternates. The applicable governing body shall appoint the Board.
*112.2 Membership and Terms
*112.2.1 Membership. The Building Board of Adjustment and Appeals shall consist of
seven members. Such board members shall be composed of individuals with knowledge
and experience in the technical codes to include an architect, engineer, general contractor,
electrical contractor, HVAC contractor, plumbing contractor, and any other contractor
licensed category. In addition to the regular members, there should be two alternate
members, one member with the qualifications referenced above and one member at large
from the public. A board member shall not act in a case in which he has a personal or
financial interest.
*112.2.2 Terms. The terms of office of the board members shall be staggered so no
more than one-third of the board is appointed or replaced in any 12-month period. The
two alternates, if appointed, shall serve one-year terms. Vacancies shall be filled for an
unexpired term in the manner in which original appointments are required to be made.
Three absences of any member from required meetings of the board shall in a 12 month
period, at the discretion of the applicable governing body, render any such member
subject to immediate removal from office.
*112.2.3 Quorum and voting. A simple majority of the board shall constitute a
quorum. In varying any provision of this code, the affirmative votes of the majority
present, but not less than three affirmative votes, shall be required. In modifying a
decision of the building official, not less than four affirmative votes, but not less than a
majority of the board, shall be required. In the event that regular members are unable to
attend a meeting, the alternate members, if appointed, shall vote.
*112.2.4 Secretary of board. The building official or his/her authorized representative
shall act as secretary of the board and shall make a detailed record of all of its
proceedings, which shall set forth the reasons for its decision, the vote of each member,
the absence of a member, and any failure of a member to vote.
*112.3 Powers. The Building Board of Adjustments and Appeals shall have the power,
as further defined in 112.4, to hear appeals of decisions and interpretations of the building
official and consider variances of the technical codes.
*112.4 Appeals
*112.4.1 Decision of the building official. The owner of a building, structure or
service system, or duly authorized agent, may appeal a decision of the building official to
the Building Board of Adjustment and Appeals whenever any one of the following
conditions are claimed to exist:
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1. The building official rejected or refused to approve the mode or manner of
construction proposed to be followed or materials to be used in the installation or
alteration of a building, structure or service system.
2. The provisions of this code do not apply to this specific case.
3. That an equally good or more desirable form of installation can be employed in
an specific case.
4. The true intent and meaning of this code or any of the regulations hereunder
have been misconstrued or incorrectly interpreted.
*112.4.2 Variances. The Building Board of Adjustments and Appeals, when so
appealed to and after a hearing, may vary the application of any provision of this code to
any particular case when, in its opinion, the enforcement thereof would do manifest
injustice and would be contrary to the spirit and purpose of this or the technical codes or
public interest, and also finds all of the following:
1. That special conditions and circumstances exist which are peculiar to the
building, structure or service system involved and which are not applicable to
others.
2. That the special conditions and circumstances do not result from the action or
inaction of the applicant.
3. That granting the variance requested will not confer on the applicant any
special privilege that is denied by this code to other buildings, structures or
service system.
4. That the variance granted is the minimum variance that will make possible the
reasonable use of the building, structure or service system.
5. That the grant of the variance will be in harmony with the general intent and
purpose of this code and will not be detrimental to the public health, safety and
general welfare.
*112.4.2.1 Conditions of the variance. In granting the variance, the board may
prescribe a reasonable time limit within which the action for which the variance is
required shall be commenced or completed or both. In addition, the board may prescribe
appropriate conditions and safeguards in conformity with this code. Violation of the
conditions of a variance shall be deemed a violation of this code.
*112.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30
calendar days after the building official renders the decision. Appeals shall be in a form
acceptable to the building official.
*112.4.4 Unsafe or dangerous buildings or service systems. In the case of a
building, structure or service system, which in the opinion of the building official, is
unsafe, unsanitary or dangerous, the building official may, in the order, limit the time for
such appeals to a shorter period.
*112.5 Procedures of the board.
*112.5.1 Rules and regulations. The board shall establish rules and regulations for
its own procedure not inconsistent with the provisions of this code. The board shall meet
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on call of the chairman. The board shall meet within 30 calendar days after notice of
appeal has been received.
*112.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every
case, reach a decision without unreasonable or unnecessary delay. Each decision of the
board shall also include the reasons for the decision. If a decision of the board reverses or
modifies a refusal, order, or disallowance of the building official or varies the application
of any provision of this code, the building official shall immediately take action in
accordance with such decision. Every decision shall be promptly filed in writing in the
office of the building official and shall be open to public inspection. A certified copy of
the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept
publicly posted in the office of the building official for two weeks after filing. Every
decision of the board shall be final; subject however to such remedy as any aggrieved
party might have at law or in equity.
*SECTION 113 SEVERABILITY
If any section, subsection, sentence, clause or phrase of this code is for any reason held to
be unconstitutional, such decision shall not affect the validity of the remaining portions of
this code.
SECTION 114 STOP WORK ORDER
114.1 Authority. Whenever the building official finds any work 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.
114.2 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.
114.3 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 subj ect to penalties as
prescribed by law.
*SECTION 115 VIOLATIONS AND PENALTIES
Any person, firm, corporation or agent who shall violate a provision of this code, or fail
to comply therewith, or with any of the requirements thereof, or who shall erect,
construct, alter, install, demolish or move any structure, electrical, gas, mechanical or
plumbing system, or has erected, constructed, altered, repaired, moved or demolished a
building, structure, electrical, gas, mechanical or plumbing system, without full
compliance with applicable codes, laws, ordinances, rules and regulations, shall be guilty
of a misdemeanor. Each such person shall be considered guilty of a separate offense for
each and every day or portion thereof during which any violation of any of the provisions
of applicable codes, laws, ordinances, rules and regulations is committed or continued,
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and upon conviction of any such violation such person shall be punished within the limits
and as provided by state laws. Nothing in this section shall prevent the authority having
jurisdiction from imposing fines, liens, or seek injunction relief, or exercising other
enforcement powers as permitted by law. Code enforcement and penalties of 162 Florida
Statutes Part I shall be authorized if building work begins without payment of all required
fees.
*SECTION 116 WIND LOADS
(Section 1609, Florida Building Code)
*116.1 Basic wind speed. The basic wind speed in miles per hour, for the
development of wind loads, is determined to be 140 MPH. (3 Second gust all locations in
all areas of the Village of North Palm Beach.) All new construction shall be designed to
meet the requirements of exposure category `B".
Exception;
All properties that lay East of U. S. Highway One, all properties that lay adjacent to the
Village of North Palm Beach Municipal Golf Course and all properties that are classified
as "waterfront' shall be designed to meet the requirements of exposure category "C".
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