5120-91
E,:r
ORDINANCE NO. 5120-41
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE STANDARD BUILDING CODES; REPEALING
ARTICLE I OF CHAPTER 138, CODE OF ORDINANCES, RELATING
TO THE STANDARD BUILDING CODE; REPEALING CHAPTERS 139,
140, 141, 142, AND 144, CODE OF ORDINANCES, RELATING
TO THE NATIONAL ELECTRICAL CODE, THE STANDARD PLUMBING
CODE, THE GAS CODE OF THE CITY OF CLEARWATER, THE
STANDARD MECHANICAL CODE, AND THE ROOFING CODE OF THE
CITY OF CLEARWATER; CREATING A NEW ARTICLE I WITHIN
CHAPTER 138, CODE OF ORDINANCES, TO ADOPT CERTAIN
SPECIFIED EDITIONS OF THE STANDARD BUILDING, PLUMBING,
AND MECHANICAL CODES, THE NATIONAL ELECTRICAL AND FUEL
GAS CODES, THE STANDARD FOR THE STORAGE AND HANDLING
OF LIQUIFIED PETROLEUM GASES, AND THE STANDARD FOR
UNSAFE BUILDING ABATEMENT CODE WITH CERTAIN REVISIONS
THERETO; PROVIDING FOR UNIFORM ADMINISTRATION AND
ENFORCEMENT PROCEDURES FOR SUCH CODES AND STANDARDS;
RENUMBERING CERTAIN SECTIONS WITHIN CHAPTER 138, CODE
OF ORDINANCES; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article I of Chapter 138, Code of Ordinances, is hereby
repealed.
Section 2. Sections 138.14 through 138.35 within Article II of Chapter
138, Code of Ordinances, are renumbered as Sections 138.53 through 138.74,
respectively.
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CHAPTER 138. BUILDING CODES
ARTICLE I. GENERALLY
Division 1. Standards Codes Adopted
Division 2. Administration
Division 3. Permits
Division 4. Inspections.
Division 5. Certificates
Division 6. Unsafe Buildings or Systems
Division 7. Sidewalks
Division 8. Miscellaneous Provisions
Division 9. Building/Flood Board of Adjustment and Appeals
Division 10. Violations and Penalties
Division 11. Fees and Charges
Section 3. A new Article I, consisting of Sections 138.01 through
138.52, is created within Chapter 138, Code of Ordinances, to read:
ial revision. See current text fo
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Division 1. Standards Codes Adopted
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Sec. 138.01. Adoption and enforcement of standard codes.
(1) There shall be enforced within the city, by the building official,
the following standard or national codes, which are adopted by reference:
(a) Standard Codes, 1988 edition:
1. Standard Building Code, including but not limited to chapter
39, the Coastal Construction Code; chapter 40, the County Wide
Pool Code; and Appendixes A, B, C, 0, E, F, G, H, I, 3, N, P, R,
and S.
2. Standard Plumbing Code, with Appendixes A, B, C, E 109 only.
3. Standard Mechanical Code, with Appendix A.
(b) National Electrical Code, 1990 edition.
(c) National Fuel Gas Code, 1984 edition.
(d) Standard for the Storage and Handling of Liquefied Petroleum Gases,
1986 edition.
(e) Standard for Unsafe Building Abatement Code, 1985,edition.
(2) The codes and standards described in this section, referred to
generally as the "codes," shall be the editions described herein or later
editions as may subsequently be adopted by the Pinellas County Construction
Licensing Board, except the administrative sections or provisions and such
other provisions of each code as are set forth herein. A copy of each code
and amendments shall be kept on file in the office of the City Clerk.
Sec. 138.02. Codes Remedial.
The codes are hereby declared to be remedial, and shall be construed to
secure the beneficial interests and purposes thereof which are public safety,
health, and general welfare through structural strength, stability, k
sanitation, adequate light and ventilation,.and safety to life and property
from fire and other hazards attributed to the built environment including
alteration, repair, removal, demolition, use and occupancy of buildings,
structures, or premises, and by regulating the installation and maintenance of
all electrical, gas, mechanical and plumbing systems, which may be referred as
"service systems."
Sec. 138.03. 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.
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Sec. 138.04. Permitting and Inspection.
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The inspection or permitting of any building, system or plan by the
city, under the requirements of these codes, shall not be construed in any
court as a warranty of the physical condition of such building, system or plan
or their adequacy. The city on behalf of itself and its officers, employees,
and agents disclaims any N ability for damages for any defect or hazardous or
illegal condition or inadequacy in such building, system or plan, nor for any
failure or any component of such, which may occur subsequent to such
inspection or permitting.
Sec. 138.05. Scope.
(1) Building. The provisions of the Standard Building Code shall apply
to the construction, alternation, 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.
(2) Electrical. The provisions of the National Electrical Code shall
apply to the installation of electrical systems, including alterations,
repairs, replacement, equipment, appliances, fixtures, fittings and
appurtenances thereto.
(3) Gas. The provisions of the National Fuel Gas Code or the Standard
for Storage & Handling of Liquefied Petroleum Gas shall apply to the
installation of consumer's gas piping, gas appliances and related accessories
as covered in these Codes. 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.
(4) Mechanical. The provisions of the Standard Mechanical Code shall
apply to the installation of mechanical systems, including alterations,
repairs, replacement, equipment, appliances, fixtures, fittings and/or
appurtenances, including ventilating, heating, cooling, air conditioning and
refrigeration systems, incinerators, and other energy-related systems.
(5) Plumbing. The provisions of the Standard Plumbing Code shall apply
to every plumbing installation, including alterations, repairs, replacement,
equipment, appliances, fixtures, fittings and appurtenances, and when
connected to a water or sewerage system.
Sec. 138.06. Federal And State Authority.
The provisions of these codes 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
these codes 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.
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Sec. 138.07. Appendices.
The appendices included in the codes and specifically referenced in
Section 138.01 shall be enforced within the city.
Sec. 138.08. Referenced Standards.
Standards referenced in the 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.
Sec. 138.09. Application of Codes to New and Existing Buildings and
Structures.
(1) Existing Buildings and Structures. Alterations, repairs or
rehabilitation work may be made to any existing structure, building,
electrical,.gas, mechanical or system without requiring the building,
structure, plumbing, electrical, mechanical or gas system to comply with all
the requirements of the codes provided that the alteration, repair or
rehabilitation work conforms to the requirements of the codes for new
construction. The building official shall determine the extent to which the
existing system shall be made to conform to the requirements of the codes for
new construction.
(2) Change of Occupancy. If the occupancy classification of any
existing building or structure is changed, the building, electrical, gas,
mechanical and plumbing systems shall be made to conform to the intent of the
codes as required by the building official to maintain a safe and sanitary
condition.
(3) Special Historic Buildings. The provisions of the codes relating
to the construction alteration, repair, enlargement, restoration, relocation
or moving of buildings or structures shall not be mandatory for existing
buildings or structures identified and classified by the state or local
jurisdiction as historic buildings when such buildings or structures are
judged by the building official to be safe and in the public interest of
health, safety and welfare regarding any proposed construction, alteration,
repair, enlargement, restoration, relocation or moving of buildings within
fire districts.
(4) Maintenance. All buildings, structures, electrical, gas,
mechanical and plumbing systems, both existing and new, and all parts thereof,
shall be maintained in a safe and sanitary condition. All devices or
safeguards which are required by the codes when constructed, altered, or
repaired, shall be maintained in good working order. The owner, or his
designated agent, shall be responsible for the maintenance of buildings,
structures, electrical, gas, mechanical and plumbing systems.
Sec. 138,10. [Reserved]
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Division 2. Administration
Sec. 138.11. Building Inspections Division.
There is hereby established a division to be called the building
inspections division and the person in charge shall be known as.the building
official.
(1) Building Official. The building official shall be appointed or
hired by the city manager.
(2) Inspectors. The building official, with the approval of the city
manager, may appoint such number of officers, inspectors, assistants and other
employees as shall be authorized from time to time.
(3) Deputy Building Official. The building official may designate as
his deputy an employee in the building inspections division who shall, during
the absence or disability of the building official, exercise all the powers of
the building official.
(4) Restrictions On Employees. An officer or employee of the city
whose duties include the administration and enforcement of the codes,
including but not limited to members of the building/flood board of adjustment
and appeals, shall be subject to the code of ethics and conflict of interest
limitations of Florida law and the ordinances of the city applicable to public
officers and employees generally.
(5) Records. The building official shall keep, or cause to be kept, a
record of the business of the division, which shall be open to public
inspection in the manner provided for public records generally.
(b) Liability. An officer or employee of the city whose duties include
the administration and enforcement of the codes, including but not limited to
members of the building/flood board of adjustment and appeals, shall be
subject to 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 his
or her duties only to the extent permitted by Florida and federal law. Any
suit brought against any such officer or employee because of such act shall be
defended by the City Attorney to the extent permitted by,Florida law and
article I1 of chapter 24.
(7) Reports. The building official shall submit annually a report
covering the work of the building inspections division during the preceding
year. We may incorporate in said report a summary of the decisions of the
building/flood board of adjustment and appeals during said year.
Sec. 138.12. Building Official--Powers and Duties.
The building official is hereby authorized and directed to enforce the
'. provisions of the codes. The building official is further authorized to
render interpretations of the codes which are consistent with their spirit and
purpose.
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Sec. 138.13. --Right of Entry.
(1) Whenever necessary to make an inspection to enforce any of the
provisions of the codes, 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, provided that if such building or premises
is occupied, he shall first present proper credentials and request entry. If
such building, structure, or premises is 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.
(2) 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 hereto.
Sec. 338.14. --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 the codes or in a dangerous or unsafe manner, or without
proper permits shall immediately cease. Such notice shall be in writing and
shall be given to the owner of the property, or to his agent, or 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.
i Sec. 138.15. --Revocation of Permits.
(1) Misrepresentation of Application or Change in Circumstances. The
building official may revoke a permit or approval, issued under the provisions
of the codes, in case there has been any false statement, change in
circumstances, or misrepresentation as to the material fact in the application
or plans on which the permit or approval was based.
(2) Violation of Code Provisions. The building official may revoke a
permit upon determination 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 the
codes.
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Sec. 138.16. Requirements Not Covered By Code.
Any requirements necessary to 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 chapter or the codes adopted
hereunder, shall be determined by the building official.
Sec. 138.17. Alternate Materials and Methods.
The provisions of the codes are not intended to prevent the use of any
material or method of construction not specifically prescribed by them,
provided any such alternate has been reviewed by the building official. The
building official shall approve any such alternate, provided the building
official finds that the alternate for the purpose intended, is at least the
equivalent of that prescribed in the codes, in quality, strength,
effectiveness, fire resistance, durability and safety. The building official
shall require that sufficient evidence or proof be submitted to substantiate
any claim made regarding the alternate.
Sec. 138.18. Supplementary rules and regulations.
(1) The building official is authorized to promulgate rules and
regulations not in conflict with this chapter or the codes adopted hereunder
for the purposes of providing for standards, plan specifications, practical
resolution of conflicting provisions, and the application and supplementation
of the provisions of the codes. The rules and regulations promulgated by the
building official shall have the same force and effect and shall be enforced
the same as the provisions of such codes.
(2) If the provisions of the codes are not adequate to completely
prescribe the manner of construction or the design or construction procedure
of any structure, the structure, design or procedure shall be made or
accomplished according to specific rules, regulations, plans or specifications
therefor set out by the building official.
Sec. 138.19. [Reserved]
Sec. 138.20. [Reserved]
Division 3. Permits
Sec. 138.21. In General.
(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
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.
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(2) Exceptions. Permits shall not be required for the following
mechanical work:
(a) Any portable heating appliance;
(b.) Any portable ventilation equipment;
(c) Any portable cooling unit;
(d) Any steam, hot or chilled water piping within any heating or
cooling equipment regulated by this Code;
(e) Replacement or any part which does not alter its approval or make
it unsafe (this does not include replacement of a unit or system);
(f) Any portable evaporative cooler;
(g) Any self-contained refrigeration system containing 10 pounds or
less of refrigerant and actuated by motors of one horsepower or less.
(3) 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. The building official may
require separate permits for each building, structure or type of work being
done.
(4) Minor Repairs. Ordinary minor repairs may be made with the
approval of the building official without a permit, provided that such repairs
shall not violate any of the provisions of the codes.
(5) Information Required. Each application for a permit, with the
required fee, shall be filed with the building official on a form furnished
for that purpose, and shall contain a general description of the proposed work
and its location. The application shall be signed by the contractor, owner,
or authorized agent. The building permit application shall indicate the
proposed occupancy of all parts of the building and of that portion of the
site or lot, if any, not covered by the building or structure, and shall
contain such other infornnation as may required by the building official.
(6) Moving of Buildings. When Roving a building onto a lot within the
City, the applicant shall provide a list of names and addresses of all
property owners within two hundred fifty (250) feet of the proposed site of
the building, the building official shall mail a notice of the application to
the owners of all properties situated within two hundred fifty (250) feet of
the subject property. All such notices shall be sent by mail to the last
known names and addresses as indicated on the tax roll of Pinellas County,
Florida. No permit for moving of any building on to site within the city
limits shall be issued by the building official until the written application
has been on file for a minimum period of seven (7) days after filing of such
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application to allow the building official to give written notice of said
application to all property owners within the two hundred fifty (250) feet of
proposed site.
(7) Time Limitations. An application for a permit for any proposed
work shall be deemed to have been abandoned 6 months after the date of filing
for the permit, unless before then a permit has been issued. One or more
extensions of time for periods of not more than 90 day each may be allowed by
the building official for the application, provided the extension is requested
in writing And justifiable cause is demonstrated.
(8) Drawings and Specifications.
(a) Requirements. When required by the building official, two or more
copies of specifications, and of drawings drawn to scale with sufficient
clarity and detail to indicate the nature and character of the work, shall
accompany the application for a permit. Such drawings and specifications
shall contain information, in the form of notes or otherwise, as to the
quality of materials, where quality-is essential to conformity with the codes.
Such information shall be specific, and the codes shall not be cited as a
whole or in part, nor shall the term "legal" or its equivalent be used, as a
substitute for specific information. All information, drawings,
specifications and accompanying data shall bear the name, date, and signature
for the person responsible for the design.
(b) Additional Data. The building official may require details,
computations, stress diagrams, an 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 signed, dated, and affixed with
their official seal.
(c) Design Professional. Except as provided herein, the design
professional shall be an architect or engineer legally registered under the
laws of Florida regulating the practice of architecture or engineering and
shall affix his or her signature and official seal to said drawings,
specifications and accompanying data, for the following:
1. All group A, £ and'I occupancies.
2. Building and structures three stories or more high.
3. Buildings and structures 5,000 square feet or more in area, or
having a construction value of $25,000 or more. For all other buildings and
structures, the submittal shall bear the certification of the applicant that
some specific state law exception permits its preparation by a person not so
registered.
4. Building and structures identified in the flood protection
ordinance of the City.
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5. As an exception to the foregoing, Group R3 buildings, regardless
of size, shall require neither a registered architect or engineer, nor a
certification that an architect or engineer is not required, except those
structures as defined in the flood protection ordinance of the City.
(9) Structural And Fire Resistance Integrity. Plans for all buildings
shall indicate how required structural and fire resistive 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 and also indicate in sufficient
detail how the fire integrity will be maintained where required fire resistant
floors intersect the exterior walls.
(10) Site Drawings. Drawings shall shown 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 prepared by
a qualified surveyor.
Sec. 138.22. Examination of Documents.
(1) Plan Review. The building official shall examine or cause to be
examined each application for a permit and the accompanying documents,
consisting of drawings, specifications, computations and additional data, and
shall ascertain by such examinations whether the construction indicated and
described is in accordance with the requirements of the codes and all other
pertinent laws or ordinances.
(2) Affidavits. The building official may accept a sworn affidavit
from a Registered Architect or Engineer stating that the plans submitted
conform to the 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 showing the structural
design, and by a statement that the plans and design conform to the
requirements of the 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 system a certification that the
structure, electrical, gas, mechanical or plumbing system has been erected in
accordance with the requirements of the codes. Where the building official
relies upon such affidavit, the architect or engineer shall assume full
responsibility for the compliance with all provisions of the codes and other
pertinent laws or ordinances.
Sec. 138.23. Issuing Permits.
(1) Action on Permits. The building official shall act upon an
application for a permit without unreasonable or unnecessary delay. If the
building official is satisfied that the work described in a application for a
permit and the contract documents filed therewith conform to the requirements
of the codes and other pertinent laws and ordinances, he shall issue a permit
to the applicant. However, permits shall not be issued directly to a property
owner except an owner-occupant of a one-family or two-family dwelling.
Contractors applying for permits shall,be properly licensed in accordance with
Florida law.
(2) Refusal To Issue Permit. If the application for a permit and the
accompanying contract documents describing the work do not conform to the
requirements of the codes or other pertinent laws or ordinances, the building
official shall not issue a permit, but shall return the contract documents to
the applicant with his refusal to issue such permit. Such refusal shall, when
requested be in writing and shall contain the reason for refusal.
(3) Special Foundation Permit. When application for permit to erect
or enlarge a building has been filed and pending issuance of such permit, the
building official may, at his discretion, issue a special permit for the
foundation only. The holder of such a special permit is proceeding at their
own risk and without assurance that a permit for the remainder of the work
will be granted nor that corrections will not be required in order to meet
provisions of the codes.
(4) Public Right Of Way. A permit shall not be given by the building
official for the construction of any building, or for the alteration of any
building where said building is to be changed and such change will affect the
exterior walls, bays, balconies, or other appendages or projections fronting
on any street, alley or public lane, or for the placing on any lot or premises
of any building or structure removed from another lot or premises, unless the
applicant has approval from the Public Works Department for the lines or the
public street on which he proposes to build, erect or locate said building;
and it shall be the duty of the building official to see that the street lines
are not encroached upon except as provided for in Chapter 22.
Sec. 138.24. Responsibilities of Contractors. It shall be the duty of
every individual, corporation, partnership, or contractor, who shall make
contracts for the installation, construction or repair of building, structure,
electrical, gas, mechanical or plumbing systems to comply with state or local
rules and regulations concerning licensing and registration.
Sec. 138.25. Conditions of the Permit.
(I) Permit Intent. A permit issued shall be construed to be a license
to proceed with the work and not as authority to violate, cancel, alter, or
set aside any of the provisions of the codes, nor shall issuance of a permit
prevent the building official from thereafter requiring a correction of errors
in plans, construction, or violations of the codes and other pertinent laws or
ordinance. Every permit issued shall become invalid unless the work
authorized by such permit is commenced within 6 months after its issuance, or
if the work authorized by such permit is suspended or abandoned for a period
of 6 months after the last successful inspection. One or more extensions of
time, for periods not more than 90 days each, may be allowed for the permit.
The extension shall be requested in writing and justifiable cause
demonstrated. Extensions shall be in writing by the building official.
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(2) Permit Issued On Basis of an Affidavit. Whenever a permit is
issued in reliance upon an affidavit or whenever the work to be covered by a
permit involves inst.-llation under conditions which, in the opinion of the
building official, are hazardous or complex, the building official shall
require that the architect or engineer who signed the affidavit or prepared
the drawings or computations shall supervise such work. In addition, they
shall be responsible for conformity with the permit, provide copies of
inspection reports as inspections are performed, and upon completion make and
file with the building official written affidavit that the work has been done
in conformity with the reviewed plans and with the structural provisions of
the codes. In the event such architect or engineer is not available, the
owner shall employ in his stead a Competent person or agency whose
qualifications are reviewed & acceptable by the building official.
(3) Plans. When the building official issues a permit, he shall
endorse, in writing or by stamp, two sets of plans "Reviewed for Code
Compliance". One set of drawings so reviewed shall be retained by the
building official and the other set shall be returned to the applicant. The
permitted drawings shall be kept at the site of work and shall be open or
inspection by the building official or his authorized representative.
Sec. 138.26. Fees.
(1) Prescribed Fees. A permit shall not be issued until the fees
prescribed in the City's fee schedule have been paid. An amendment to a
.permit shall not be released until the additional fee, if any, due to an
increase in the estimated cost of the building, structure, electrical,
plumbing, mechanical or gas systems, has been paid.
(2) Work commencing before permit issuance. If any person commences
any work on a building, structure, electrical, plumbing, mechanical or gas
system before obtaining the necessary permit, he shall be subject to a penalty
as provided in the City's fee schedule.
(3) Accounting. The building official shall keep a permanent and
accurate accounting of all permit fees and other monies collected, the names
of all persons upon whose account the same was paid, along with the date and
amount thereof.
(4) Schedule of Permit Fees. On all buildings, structures,
electrical, plumbing, mechanical and gas systems or alterations requiring a
permit, a fee for each permit shall be paid as required at the time of filing
application or issuing of permits, in accordance with the schedule as
established by the City.
(5) Building Permit Valuations. If, in the opinion of the building
official, the valuation of building, alteration, structure, electrical, gas,
mechanical or plumbing systems appears to be underestimated on the
application, permit shall be denied, unless the applicant can show detailed
estimates to meet the approval of the building official. Permit valuations
shall include total cost, such as electrical, gas, mechanical, plumbing
equipment and other systems, including materials and labor.
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04 Sec. 138.27. [Reserved]
Division 4. Inspections
Sec. 138.28. In General.
(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 shall inspect all buildings, structures,
electrical, gas, mechanical and plumbing systems, from time to time, during
and upon completion of the work for which a permit was issued. He shall make
a record of every such examination and inspection and of all violations of the
codes.
(2) Manufacturers and Fabricators. When deemed necessary by the
building official he 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 codes.
(3) Inspection Service. The building official may make, or cause to
be made, the inspections required by this section. He may accept reports of
inspectors or recognized inspection services provided that after investigation
he is satisfied as to-their qualifications and reliability. A certificate
called for by any provision of the codes shall not be based on such reports
unless the same are in writing and certified by a responsible officer of such
service.
(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 Completion.
(5) Posting of Permit. Work requiring a permit shall not commence
until the permit holder or his agent posts the permit card in a.conspicuous
place on the premises. The permit shall be protected from the weather and
located in such position as to permit the building official or representative
to conveniently make the required entries thereon. This permit card shall be
maintained in such position by the permit holder until the Certificate of
Occupancy or completion is issued by the building official. Failure to post
the permit and related plans shall be cause for reinspection and fees to be
paid.
(6) Required Inspections. The permit holder or his agent shall
request a final inspection upon completion of the work, and other inspections
as required by the permit, in a timely manner. The building official upon
request by the permit holder or his agent shall make the following minimum
inspections and such other inspections as may be necessary, and shall either
13
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.l ..S .}^,.' 'y. Y.? 'i'?ti .• 1:fb ?.).l':a.minWS ? {;?5;' y..s?.?;.`?` ?, li.y
+ .. • ? ' _. ... ,.x?-?11....4?-??. .-?? _ ? • ? e ? ?r .a?.. 1i.ly ,y?-.?..) S 'I', r1
release that portion of the construction or shall notify the permit holder or
his agent of any violations which must be corrected in order to comply with
the codes:
(a) Building.
1. Foundation Inspection: To be made after trenches are excavated
and forms erected.
2. Lintel Inspection: To be made after all tie beams or lintels in
block building is in place.
3. Frame Inspection: To be made after the roof, all framing,
fireblocking and bracing is in place, all concealing wiring, all pipes,
chimneys, ducts and vents are complete.
4. Insulation Inspection: after all insulating material is in place.
5. Drywall Inspection: To be made after drywall is installed, but
before taping.
6. Final Inspection: To be made after the building is completed and
ready for occupancy.
(b) Roof .
1. Deck: To be made after the deck is clean, tightly fitted, sound,
and free of debris.
2. Dry-in Inspection: During the course of applying roofing paper.
3. Roof Covering Inspection: During the course of installing roof 4
covering material.
4. Tile Inspection: During the course of installing roof tiles, if
applied.
5. Final: After all work is completed on roof. k
(c) Electrical.
1. Underground Inspection: To be made after trenches or ditches are
excavated, after conduit or cable is installed, and before any backfill is put
in place.
2. Rough-In Inspection: To be made after the roof, framing,
fireblocking and bracing is in place and prior to the installation of wall or
ceiling membranes.
3. Final Inspection: To be made after the building is complete,.all
required electrical fixtures are in place and properly connected or protected,
and the structure is ready for occupancy.
14
(d) Plumbing.
1. Underground Inspection: To be made after trenches or ditches are
excavated, after piping is installed, and before backfill is put in place.
2. Rough-In Inspection: To be made after the roof, framing,
fireblocking and bracing is in place and all soil, waste and vent piping is
complete, and prior to the 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 417 of the Standard Plumbing Code for required tests.
(e) Mechanical.
1. Underground Inspection: To be made after trenches or ditches are
excavated, after underground duct and fuel piping is installed, and before
backfill is put in place.
2. Rough-In Inspection: To be made after the roof, framing,
fireblocking and bracing are in place and all ducting and other concealed
components are complete, and prior to the installation of wall or ceiling
membranes.
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.
(f ) Gas.
1. Underground Piping Inspection: To be made after trenches or
ditches are excavated, after piping or tanks are installed, and before
backfill is put in place. All joints shall be open and piping shall be
uncovered at least every twenty feet. Tank tie down strips shall be visible.
2. Rough-In Inspection: To.,.he made after the roof, framing,
fireblocking and bracing are in place and all gas and vent piping is complete,
and prior to the installation of wall or ceiling membranes.
3. Final Inspection: To be made after the equipment and vent piping
are in place and properly connected,
4. Exceptions: When one of the following appliances has been
installed, only a final inspection shall be required, provided that the
installer shall have complied with the requirements for underground piping and
the installer shall have furnished a notarized letter to the building official
before requesting final inspection. The letter shall contain the address and
permit number of the job, shall state that the piping and appliance are free
of leakage, and shall be signed by the license holder or other authorized
person. Any such appliance may be placed in operation prior to requesting
15
4 ?' '•S•: r '.S ?ti °:l• :.l'; wt5'l .y,?ir?T,: ?i,ya a(f,'S. ?..i3.n??".f?.??:f;'?ia ?. 4?????.:?'I •?. ,;t ,,.
. . ? ? ? ? v, , ? E• 4f .,t ? X4.1 ?FN r;';. YS.I!•... ,? . '?r _ .e.. ?_9 c?3';:i`il.: ?'d?.a}' xfiiFC.•M+,?:k?+
final inspection. This exception shall be available for the installation of
any one of the following:
a. Water heater;
b. Pool or spa heater;
C. Mobile home furnace; or
d. Other appliance as may be approved by the building official.
5. Testing. Testing shall be done in accordance with Part 4 of NFPA
54, except that Section 4.1.4 is amended to read in its entirety:
4.4.4. Test of pipe for tightness.
a. Procedure and precautions. Before any system of
consumer's gas piping is put in service, it shall be carefully
tested to assure that it is gas tight. Where any part of the
system is to be enclosed or concealed, this test shall precede the
work of closing in, To test for tightness, the piping shall be
filled with air or inert gas, but not with any other gas or
liquid. In no case shall oxygen ever be used.
b. Method of testing. Low pressure (not in excess of 0.5
psi) gas piping shall withstand a pressure of at least 10 psi or 6
inches of mercury for not less than 10 minutes without showing any
drop in pressure. Higher pressure gas piping shall withstand a
pressure of at least twice the maximum pressure to which the
piping will be subjected in operation, but not less than 10 psi,
for not less than 10 minutes without showing any drop in pressure.
i Piping, regulators, valves and appliances shall not be subjected
j to pressures higher than their rated capacity.
c. Test instruments. For pressure tests, pressure,.shall be
measured with a manometer, slope gauge, or other accurate and
sensitive pressure indicating device, the scale of which is so
graduated that variations in pressure may be accurately read. A
Bourdon tube type gauge calibrated in a maximum of quarter-pound
increments shall be acceptable. There shall be a tag attached to
the gauge indicating the date, time and pressure applied to the
system upon completion'of the test.
(g) Pools and Spas.
1. Shell: To be made when excavation and structural framework, as
appropriate, are complete.
2. Deck: To be made after electrical bonding is complete and pool
plumbing is installed.
3. Final: To be made when pool or spa is complete and ready for use.
16
(7) Written Release. Work shall not be done on any part of a
building, structure, electrical, gas, mechanical, or plumbing system beyond
the point indicated 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.
(8) Reinforcing Steel And, Structural Frames. Reinforcing steel or
structural frame work of any part of any building or structure shall not be
covered or concealed without first obtaining a release from the building
official.
(9) 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.
Sec. 138.29. (Reserved]
Division 5. Certificates
Sec. 138.30. In General.
(1) Certificate of Occupancy
(a) 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 codes and other applicable laws and
ordinances and released by the building official.
(b) 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 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 date, and any conditions placed on the occupancy.
(c) Temporary/Partial Occupancy. A temporary/partial certificate of
occupancy may be issued for a portion or portions of a building which may
safely be occupied prior to final completion of the building.
(d) Existing Building Certificate Of Occupancy. A Certificate of
Occupancy for any existing building may be obtained by applying to the
building official and supplying the information and data necessary to
determine compliance with the codes for the occupancy intended. Where
necessary, in the opinion of the building official, two sets of detailed
drawings, or a general inspection, or both, may be required. When, upon
examination and inspection it is found that the building conforms to the
17
01.
provisions of the codes and other applicable laws and ordinances for such
occupancy, a Certificate of Occupancy shall be issued.
(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 shell building, prior
to the issuance of a Certificate of Occupancy.
(3) Service Utilities.
(a) 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 codes for which a permit is required, until released
by the building official and a Certificate of Occupancy or Completion is
issued.
. (b) 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 of
for use under a temporary Certificate of Occupancy.
(c) Authority to Disconnect Service Utilities. The building official
shall have the authority to authorize disconnection of utility service to the
building, structure of system regulated by the codes, in case of emergency
where necessary to eliminate an immediate hazard to life or property. 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.
Sec. 138.31. Posting Floor Loads.
(1) Occupancy. An existing or new building shall not be occupied for
any purpose which will cause the floors thereof to be loaded beyond their safe
capacity. The building official may permit occupancy of a building for
mercantile, commercial or industrial purposes, by a specific business, when he
is satisfied that such capacity will not thereby be exceeded.
(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 floor uniformly distributed. The computations and
affidavit shall be filed as a permanent record of the building inspections
division.
is
0
(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 or 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 deface, shall
be replace by the owner of the building.
Sec. 138.32. 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 his
agent, by an approved testing laboratory or other approved agency.
Sec. 138.33. [Reserved]
Division 6. Unsafe Buildings or Systems
Sec. 138.34. In General.
(1) 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, structures or service systems are hereby
declared illegal and shall be abated by repair and rehabilitation or by
demolition in accordance with the provisions of the Standard Unsafe Building
Abatement Code, which is incorporated herein by reference with the following
amendments:
Section 105 is amended to read in its entirety:
105. Board of adjustment and appeals. The building/flood
board of adjustment and appeals shall have the authority to
provide for adjustments and appeals to the Standard for Unsafe
Building Abatement Code, and shall have the authority to make the
final interpretation of provisions of such Code.
Paragraphs 3.1, 3.3, and 4 of Section 302.1.1 are amended to read:
3.1. If the building o'r structure is to be repaired or
secured, the notice shall require that all necessary permits be
secured and the work commenced within 10 calendar days or in such
time as determined by the building official, and be completed
within 20 calendar days of permit or in such time as the building
official determines. The notice shall also indicate the degree to
which the repairs must comply with the provisions of the Standard
Building Code, in accordance with Section 101.4 of this Standard
Unsafe Building Abatement Code.
19
OR 3.3 If the building or structure is to be demolished, the
notice shall require that the premises be vacated within 30
calendar days, or shorter time as determined by the building
official, and that all required permits for demolition be secured
and that the demolition be completed within such time as
determined reasonable by the building official, but in no longer
than 20 calendar days of permit. J
4. A statement advising that any person having any legal
interest in the property may appeal the notice by the building
official to the building/flood board of adjustment and appeals;
that such appeal shall be in writing in the form specified in
Section 401 of this Standard Unsafe Building Abatement Code and
shall be filed with the building official within 10 calendar days
from the date of the notice; and that failure to appeal in the
time specified will constitute a waiver of all rights to an
administrative hearing.
Section 303 is amended to read in its entirety:
303. Standards For Compliance. The following action shall
be taken by the building official when ordering the repair,
vacation or demolition of an unsafe building or structure:
1. The building shall be ordered repaired in accordance
with the Standard Building'Code or demolished at the option of the
owner.
2. If the building or structure poses an immediate hazard
to life or to the safety of the public:
a. The building or structure shall be ordered vacated
immediately; and
b. The building official shall cause the building or
structure to be made safe. If the cost to repair is more than
fifty (50) percent of the value of that building or structure, the
building official shall order the building or structure
demolished.
Section 401.1 is amended to read in its entirety:
401.1. Right of Appeal--Filing.
Any person entitled to service in accordance with the
provisions of Chapter 3 of this Standard Unsafe Building Abatement
Code may appeal any action of the building official under this
code to the building/flood board of adjustment and appeals. Such
appeal must be filed in writing with the building official within
10 calendar days from the date of service on a form provided by
the building official containing at least the following
information:
20
1. Identification of the building or structure concerned by
street address or legal description.
2. A statement identifying the legal interest of each
appellant.
3. A statement identifying the specific order or section
being appealed.
4. A statement detailing the issues on which the appellant
desires to be heard.
5. The legal signature of all appellants and their official
mailing address,
6. An application fee as determined in the tee schedule.
If appellant is successful fee will be refunded.
Section 501.4.2 is amended to read in its entirety:
501.4.2 The hearing notice shall be served personally or
mailed as required by Section 302.1.3 of this Standard Unsafe
Building Abatement Code at least 10 calendar days prior to the
hearing date.
Section 505 is amended to read in its entirety:
505. Judicial review. The decision of the building/flood
board of adjustment and appeals shall be subject to judicial
review in the circuit court by common law certiorari.
(2) Those provisions of the Standard Unsafe Building Abatement Code
not expressly amended by this section shall continue in full force and effect.
Sec. 138.35. [Reserved]
Division 1. Sidewalks
Sec. 138.36. Sidewalks required for new construction and major
alterations or additions.
(1) Generally. To secure safety from traffic and
dangers, to provide areas which can be utilized by pedest,
promote the general welfare and safety of the public, all
major alterations to structures within the city that abut
way shall provide a sidewalk or sidewalks constructed on,
thereto as provided in this division.
other similar
Tian traffic, and to
new developments and
a public right-of-
across or adjacent
(2) Plan considerations. In order to secure a building permit to
erect a structure on vacant land, remodel an existing structure where such
remodeling will exceed by fifty (50) per cent the assessed valuation of the
property, or add an additional building or structure to land where a building
t .r' 2? '.,'? ,??? ?:i, i;?C. {, ? ? `?=' l.g?i e r !. ';• 'y; ? ?., •,r,..' :?'; nr?y.
or structure already exists and where the value of such additional building or
structure will exceed by fifty (50) per cent the assessed valuation of the
property, where a sidewalk does not exist, the building plan submitted as part
of the securing the building permit shall provide for construction of a
sidewalk either upon the property or where the property is abutting the public
right-of-way, or upon such right-of-way. The building official, when reviewing
the building plans and specifications, shall coordinate with the city engineer
to insure that the plans meet all city sidewalk construction specifications
and shall adequately meet the alignment for desirable, convenient and safe
pedestrian usage, including routes to existing schools or proposed schools.
(3) Specifications and construction. The design, materials, width and
location of sidewalks shall be in accordance with city standards as
established by the city engineer.
(4) Schedule of completion. Sidewalk construction shall be required
to be completed at the property owner's expense before the building official
may issue a certificate of occupancy for any building or structure for which
sidewalks are required. However, the certificate of occupancy may be issued
if the sidewalk construction is fully guaranteed by the execution and delivery
to the city engineer of a bond or certified check covering the cost of
construction. The city engineer shall place such bond or certified check in
escrow with the office of the city finance director, and shall notify the city
clerk in writing of the action taken.
Sec. 138.37. Temporary waiver of sidewalk requirement.
(1) Waiver by city manager. Upon appeal by an affected property
owner, the city manager shall have power to grant a temporary waiver of the
installation requirement imposed by this section, following a hearing and
inspection of the property, where:
(a) The city manager has determined that natural topographical
conditions, existing ditches, tree location, inadequate right-of-way, or other
similar physical conditions peculiar to.the premisses, exist, such as would
prevent construction of the sidewalk; or
(b) The property owner can demonstrate that he would have the only
sidewalk within two hundred (200) feet of his property on the streets which
the property abuts, that such sidewalk would not form a part of a route
leading to a school or public park, and that the absence of a sidewalk would
not create a pedestrian hazard by reason of the proximity of the property to
motor vehicle traffic.
(2) Decision. Fcllowing the hearing and inspection of the property,
the city manager shall render his decision in writing, including written
findings of fact upon which the decision is based, and shall serve the
decision upon the affected property owner by mailing a copy of such finding by
certified'maii to the address provided by the property owner.
22
C?
(3) Appeal to city commission. If the request for a waiver is denied,
the affected property owner may appeal the decision to the city commission by
filing a notice of appeal with the city clerk within ten (10) days following
receipt of the decision of the city manager.
(4) Decision by city commission. Upon appeal by the property owner to
the city commission of a decision not to grant a temporary waiver, the city
commission may grant a temporary waiver, with or without conditions, upon the'
affirmative vote of four (4) commissioners after determining that the
conditions described in subsection (1) exist.
(5) The grant of the temporary waiver provided for in this section
shall not be construed or applied to deprive the city of the right to
construct such sidewalk pursuant to an assessment procedure.
Sec. 138.38. [Reserved]
Division 8. Miscellaneous Provisions
Sec. 138.39. Exception to coastal construction zone; requirements;
floodproofing certification.
(1) Within the landward fifty (50) feet of zone 2 and all of Zone 3, as
such zones are established under Chapter 39, the Coastal Construction Code,
the building official shall have the power to grant exceptions for
nonresidential-structures, as stated, within Section 3906.4 of the Coastal
Construction Code.
(2) The floodproofing shall be a minimum 1 foot above base flood
elevation and certification of the floodproofing method,used must be filed
with the building official prior to the issuance of a certificate of
occupancy. Certification shall be by a professional engineer or architect.
Sec. 138.44. Minimum floor elevation.
(1) The minimum floor elevation for buildings constructed after
February 3, 1975, in the city shall be either one foot above the crown of the
pavement abutting the building site, or in the event of unusual building
conditions or a major development, as directed by the city engineer, or by the
Flood Insurance Rate Maps.
(2) The building official is hereby designated and authorized to
enforce this requirement.
Sec. 138.41. Restoration of service to flooded structures.
(1) The following code section shall apply to all structures that
receive electrical service from a licensed public utility or any other source,
in order to prevent the creation of unsafe or hazardous conditions through the
continuation or restoration of electrical service to a structure that has
sustained flooding or high water intrusion.
23
(2) Any structure located within the boundaries of the city that has
sustained water intrusion with the result that such water intrusion has
covered electrical appliances, outlets, connections and similar devices shall
have the power service to such structure terminated. Such power shall not be
resupplied to the structure until such time as the electrical system within
the structure is certified as being safe for operation and use.
(3) The certification shall be by a licensed electrical contractor,
who shall provide a report to the building official.
(4) The owner of the structure, the owner's agent, or tenant shall
engage the services of a licensed electrical contractor to inspect the
electrical outlets, connections, appliances and system of the structure to
determine that the system, its improvements, and appliances are in proper
operating condition and safe to receive electricity. Such certification shall
be in writing and executed by the inspecting electrical contractor.
(5) Upon receipt and verification of the certificate, the building
official shall notify•the public utility that the structure has been certified
as safe to receive electricity.
Sec. 138.42. Identification and lettering of trucks and vehicles.
it shall be unlawful to operate, park, stand or use upon any public
street any truck or other vehicle used for commercial purposes, to transport
workmen, tools, equipment or materials for contracting or subcontracting work,
unless the vehicle is designated by lettering of three (3) inches minimum size
on both sides of the vehicle, indicating the name and address of the
corporation, firm or person operating the same.
Sec. 138.43. Threshold buildings.
Any building classified as a "threshold building" under the provisions
of section 553.19, Florida Statutes (herein, the "statute"), shall, with
regard to the issuance of building permits, special inspections during
construction, and the issuance of certificates of occupancy be subject to the
following procedure:
(1) The owner of any proposed building classified as a "threshold
building" shall engage a special inspector to conduct all inspections required
by the statute.
(2) Prior to the issuance of a building permit, the special inspector
shall perform structural inspections pursuant to a structural inspection plan
prepared by the engineer or architect of record, and shall inspect shoring and
reshoring for conformance with the shoring and reshoring plans submitted to
the city, and shall furnish to the building inspections division an affidavit
attesting that such inspections have been satisfactorily completed. The
affidavit shall include the name and state certification number of the special
inspector.
(3) Throughout the course of construction the special inspector shall
24
.s _
0
0
submit to the building inspections division a weekly report listing all
structural elements put in place during the previous week for which inspection
is required under the statute. The report shall state that the placement of
all such structural elements was observed by the special inspector and found
to comply with plans and codes. The report shall bear the signature of the
special inspector and shall be due not later than Wednesday following the week
covered by the report. A failure to file the weekly report by 4:00 p.m. on
Friday following the week covered by the report shall be considered due cause
for the building official to order construction stopped until all necessary
reports have been filed.
(4) Upon completion of construction of the threshold building, and
prior to the issue of a certificate of occupancy, the special inspector and
the contractor shall file with the building official affidavits attesting that
all requirements of the statute have been complied with.
Sec. 138.44. [Reserved)
Division 9. Building/Flood Board of.Adjustment and Appeals
Sec. 138.45. In General.
(1) Board created; membership; appointment. There is hereby
established the Building/Flood Board of Adjustment and Appeals, which shall
consist of five members. The members of the board shall be appointed by the
City Manager.
(2) Qualifications; conflicts of interest.
Members of the board shall be persons with knowledge and experience in
the codes, such as design professionals, contractors or building industry
representatives. A board member shall not act in a case in which the member
has a personal or financial interest.
(3) Terms. The term of office of a board member shall be four years.
Vacancies shall be filled for an unexpired term by appointment by the city
manager. Continued absence of any member from required meetings of the board
shall, at the discretion of the City Manager, render any such member subject
to removal from office.
(4) Quorum and Voting. A simple majority of the board shall
constitute a quorum. In varying any provision of these codes, the affirmative
vote 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.
(5) Secretary of Board. The building official 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 or a member to vote.
25
(6) Powers. The board shall have the power to hear appeals from
decisions and interpretations of the building official, and to grant variances
from the provisions of these codes and from the provisions of the flood
protection ordinance of the city. The board shall have the power to hear
appeals from decisions of the building official relating to unsafe buildings,
structures, and service systems, but the procedures for such appeals shall be
as provided in the Standard Unsafe Building Abatement Code as amended by
Division 3 of this article.
(7) Appeals and variances.
(a) Decision of the building official. The owner of a building,
structure or service system, or his duly authorized agent, may appeal a
decision of the building official to the board whenever any one of the
following conditions are claimed to exist:
1. The building official rejected or refused to approve the mode or
manner of construction proposed to be followed or materials to be used in the
installation or alteration of a building, structure or service system..
2. The provisions of the codes do not apply to this specific case.
3. That an equally good or more desirable form of installation ca be
employed in any specific case.
4. The true intent and meaning of the codes or any of the regulation
thereunder, have been misconstrued or incorrectly interpreted.
(b) Variances. The board, when so appealed
may vary the application of any provision of these
case when, in its opinion, the enforcement thereof
E and would be contrary to the spirit and purpose of
interest, and also finds all of the following:
to and after a hearing,
codes to any particular
would do manifest injustice
the codes or public
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 no 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 these codes 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 these codes and will not be detrimental to the public
health, safety and general welfare.
26
(c) Variance conditions. In granting a variance, the board may
prescribe a reasonable time within which the action for which the variance is
required shall be commenced, completed, or both. If no time is specified, the
time limit to commence shall be 6 months. The board may prescribe appropriate
conditions and safeguards in conformity with the codes. A violation of a
condition of a variance shall be deemed an ordinance violation.
(d) Notices of appeal; requests for variances. A notice of appeal
shall be in writing and filed not more than 30 calendar days after the
decision is rendered and served by the building official, or not more than 10
calendar days in the case of an unsafe building, structure, or service system.
Appeals and variance requests shall be on a form supplied by the building
official. A fee as set forth in the fee schedule shall accompany each notice
of appeal and request for a variance.
(e) Notice to property owners. Except in cases of unsafe buildings,
structures, or service systems, the building official shall cause notice of an
appeal or variance request to all property owners within two hundred (200)
feet of subject property as identified in the application. Such notice shall
be sent not later than 10 calendar days before the hearing date.
(8) Procedures of the Board.
(a) Rules and Regulations. The board shall establish rules and
regulations for its own procedure not inconsistent with the provisions of the
codes. The board shall meet on call of the chairman. The board shall meet
within 30 calendar days after notice of appeal has been received.
(b) Decisions. The board shall, in every case, reach a decision
without unreasonable or unnecessary delay. Each decision of the board shall
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 in the
office of the building official. Every decision of the board shall be final,
subject to judicial review in the circuit court by common law certiorari.
However, an aggrieved party may, within 15 days following a decision of the
board, file an appeal with the Countywide Board of Adjustment and Appeals
(CBAA) in those cases involving codes adopted for countywide application and
enforcement. Final decisions of the CBAA shall be subject to judicial review
in the circuit court by common law certiorari.
Sec. 138.46. [Reserved]
Division 10. Violations and Penalties
Sec. 138.47. In General.
Any person who shall violate any of the provisions of this chapter or
27
any of the codes adopted hereunder, or who shall violate or fail to comply
with any order made pursuant to this chapter or such codes, or who shall build
in violation of any statement of specifications or plans submitted and
approved hereunder, or any certificate or permit issued hereunder, shall be
subject to action by the Municipal Code Enforcement Board of the City, or by
the county or circuit courts of Pinellas County. 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 these codes is
committed or continued, and upon conviction of any such violation such person
shall be subject to a fine not to exceed five hundred dollars ($500.00). The
imposition of a penalty for any violation shall not excuse the violation or
permit it to continue, and all such persons shall be required to correct or
remedy such violations or defects within a reasonable time.
Sec. 138.48. [Reserved]
Division 11. Fees and Charges
Sec. 138.49. Permit fees and charges.
(1) Permits and fees, in general; exceptions.
(a) Permits are not required for carpeting, painting, wall papering,
tile, paneling over existing walls, and floor tile, nor where the valuation of
labor, materials, and all other items does not exceed $500.00 and the work or
operation is of casual, minor, inconsequential nature, and does not violate
any city codes or ordinances, or is exempt pursuant to Chapter 75-489, Laws of
Florida (Special Acts), Section 25.
(b) Valuations for new construction and additions shall be based on
the'current Southern Building Code Congress International's valuation tables.
Other permits shall be based on contract value. The Building Official may
request a copy of signed contract if value presented does not appear to be in
line with other permits of like work.
(c) Where no fee is stated, the same shall not be interpreted as an
intention to waive any requirement for a permit that may be stated elsewhere
in the City of Clearwater's Code of Ordinances.
(d) Demolition permits shall be issued at the fee set forth in the fee
schedule. However, no fee shall be required when the building or structure
has been declared a hazard to public safety or welfare by the Building
Official.
(e) Prior to starting any electrical, gas, plumbing, mechanical,
roofing or other work under a combination permit, the contractor or the
subcontractor engaged to do the work shall file with the building inspections
division a form showing the name and certification number of the subcontractor
doing the work, the subcontractor's Clearwater license number or occupational
license registration number, the number of the combination permit, the address
where the work is to be done, and other related information as may be required
by the building inspections division. Failure to file such form or provide
28
Multifamily and commercial,
$50,000 value or less
such information shall be just cause for the refusal of inspection services,
the issuance of a correction notice, and the assessment of the appropriate
fee.
' (2) Fee schedule.
In the case of reviews, inspections and similar activities associated
with building and related codes not requiring a combination permit, the
following schedule of fees shall apply:
Description of Service
Plan review fees:
Building permit fee estimate
Consultation or special service fee, per hour
Plans examination fee:
t
4
f
t
Greater than $50,000, but
not exceeding $250,000
Greater than $250,000, but
not exceeding $500,000
Greater than $500,000, but
not exceeding $750,000
$750,000 or greater
0
Fee or Charge
$25.00
50.00
$12.50 plus $3.00 per $1,000
of value or fraction thereof
$162.50 plus $2.50 per $1,000
of value or fraction thereof
in excess of $50,000
$662.50 plus $2.00 per $1,000
of value or fraction thereof
in excess of $250,000
$1,162.50 plus $1.50 per
$1,000 of value or fraction
thereof in excess of $500,000
$1,537.50 plus $1.00 per
$1,000 of value or fraction
thereof in excess of $750,000
One or two-family residential building,
per building 75.00
For multiple identical single-family or two-family
buildings in the same project:
First building 75,00
Each additional building 25.00
Zoning plan review for new one and two family;
additions, remodeling, or new multi-family or
commercial structures; per application 25.00
29
111111 ..
Flood zone review, for structures located
in Flood Zones "A" 6r !'V," per application
Threshold structures, per structure
Plan amendments:
Plan amendment (change to permitted plans), per hour
Minimum fee
Duplicate permit placards, each
Change of contractor, per contractor
Certificates of occupancy:
One or two-family dwelling, per unit
Multi-family and commercial, per application
Conditional certificate of occupancy, per condition
Replacement or additional copy, except one or two-family dwelling
Special inspections:
Change of use or HRS inspections, per trade
Maximum fee
After hours, weekends, per hour per inspection
Minimum fee, per inspection
Refunds:
25.00
50.00
50.00
50.00
25.00
25.00
10.00
25.00
25.00
25.00
30.00
60.00
50.00
100.00
Permits under $30.00, unless issued in error by City No refund
Work has commenced, or permit is over 90 days old No refund
All other permits Refund of fee paid, less
Permit fees
$50,000 value or less
Greater than $50,000, but
not exceeding $250,000
30
$30.00 or one-half the fee,
whichever is greater, to
be retained by the City
$25.00 plus $6.00 per $1,000 of
value or fraction thereof
$325.00 plus $5.00 per $1,000
of value or fraction thereof
in excess of $50,000
A.
.1s
F
3
Greater than $250,000, but
not exceeding $500,000
Greater than $500,000, but
not exceeding $750,000
$750,000 or greater
0
$1,325.00 plus $4.00 per $1,000
of,value or fraction thereof
in excess of $250,000
$2,325.00 plus $3.00 per $1,000
of value or fraction thereof
in excess of $500,000
$3,075 plus $2.00 per $1,000
of value or fraction thereof
in excess of $750,000
This fee applies to the following types of permits, with additional
costs of $30.00 per trade as noted:
Combination permits, subtrades (involve at least two of the following:
Building, electric, plumbing, mechanical, roofing and gas)
Building only
Electrical only
Mechanical (may require electrical)
Gas only
Roof only
Aluminum structures (may require electrical)
Aboveground fuel tanks
Asbestos abatement
Carports
Davits (may require electrical)
Decks
Docks (may require electrical)
Driveways (plus $5.00 right-of-way permit)
Fire alarms
Fire suppression systems
Fireplace
Fences
Hoods
Inground swimming pools (also required electrical and plumbing)
Lawn sprinklers
Parking lots
Remarciting
Satellite dish (may require electrical)
Seawalls
' Security alarms
Siding, soffit and fascia
Signs (may require electrical)
Sheds
Slabs
Solar heaters and panels
` Spas (also requires electrical and plumbing)
Underground fuel tanks (removal, replacement or new installation)
Walls (privacy and retaining)
31
1
7
i
i
i
40,
0
Miscellaneous permits:
Mobile home, mobile office, construction trailer, sales trailer, etc.
Building permit (tiedown and site placement)
Electrical permit
Gas permit
Plumbing permit
Mechanical permit
Temporary power pole, not in conjunction
with combination permit
Tent permit (may require electrical)
Demolition permit
Plus, per square foot in excess of 1,000 square feet
(No fee charged when demolition is ordered by city)
House move
Application
Pre-inspection
Plus, per mile outside City
Remodeling permit, for setting house on lot
30.00
30.00
30.00
30.00
30.00
30.00
30.00
50.00
0.05
40.00
50.00
0.30
$50,000 value or less $25.00 plus $6.00 per $1,000 of
Greater than $50,000, but
not exceeding $250,000
Greater than $250,000, but
not exceeding $500,000
Greater than $500,000, but
not exceeding $750,000
$750,000 or greater
Swimming pool permit, above-ground pool
value or fraction thereof
$325.00 plus $5.00 per $1,000
of value or fraction thereof
in excess of $50,000
$1,325.00 plus $4.00 per $1,000
of value o.r fraction thereof
in excess of $250,000
$2,325.00 plus $3.00 per $1,000
of value or fraction thereof
in excess of $500,000
$3,075 plus $2.00 per $1,000
of value or fraction thereof
in excess of $750,000
Recertification of electrical service
32
30.00
30.00
f 1'.
L
}
t
Special fees:
Work not ready for inspection (reinspection fee):
First occurrence
Second or subsequent occurrence
Follow up on permit,
failure to request inspections
Minimum fee
After-the-fact permit
First occurrence
Second or subsequent occurrence
by same contractor, any job
site in City
,.r, ..t. .,:. •.'?'? : r .?rn p , , , :? ??A to : ;?'
t
U
25.00
60.00
50 percent of permit fee
30.00
Triple permit fee
10 times permit fee
(3) As used in these fee schedules, "combination permit" means a permit
for construction privileges, conditions and restrictions of a building permit,
electrical permit, gas permit, plumbing permit, mechanical permit, and roof
permit (or some combination thereof), for which proper approval has been granted
by the city and for which proper fees have been paid.
Sec. 138.50. Filing fees for appeals.
Any application for an appeal to the construction/flood board of adjustment
and appeals, the city manager, or the city commission as provided for in this
chapter shall be filed with the building official, accompanied by a filing fee
as follows:
(1) Appeal to construction/flood board of
adjustment and appeals $ 125.00
(2) Appeal to the city manager 50.00
(3) Appeal to the city commission 125.00
Sec. 138.51. Development impact fees.
(1) For all new buildings and structures, the applicant shall at the time
the building permit is issued pay a development impact fee as follows:
(a) New residential structures: Single-family, apartment, condominium or
mobile home, per unit, two hundred and fifty dollars ($250.00).
(b) New commercial structures: Two hundred and fifty dollars ($250.00)
for each two thousand five hundred (2500) square feet of floor area or fraction
thereof.
33
• • 4
,
(d New hotel or motel facilities: Two hundred and fifty dollars
R250 250.00 per unit; commercial area other than units, two hundred fifty dollars
.00 for each two thousand five hundred (2,500) square feet of floor area
or fraction thereof.
(c) New industrial structures: Two hundred and fifty dollars ($250.00)
for each five thousand (5,000) square feet of floor area or fraction thereof.
(2) The funds derived from these fees shall be deposited in a special
account to be used exclusively for the construction of roads, public transit
facilities and storm drainage in the city, including actual construction costs,
acquisition of right-of-way, the construction of sidewalks, curbs, drainage
structures and signal installations.
Sec. 138.52. [Reserved]
Section 4. Chapters 139, 140, 141, 142, and 144, Code of Ordinances, are
hereby repealed.
Section 5. This ordinance shall take effect immediately upon adoption.
eA
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
August 1 1991
August 15, 1991
Z-OL'
Rita Garvey
Mayor-Commissioner
Attest:
f. A?5L??
Cyn ?a E. Goudeau
City Cley-k
Approved as to form and correctness:
M. A. Galbraith,
City Attorney
34
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s iao ?9r