LTC 245-2009 Response to Inquiry of Objection to Forty-Year Recertification Process for the Home of Harry Cherry at 810 Euclid Avenuer;'1=(": =.ail=r~
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OFFICE OF THE CITY MANAGER
No. LTC # 245-2009 LETTER TO COMMISSION
To: Mayor Matti Herzera Bower and Members of the City Commission
FROM. Jorge M- Gonzalez, City Manager
Jose Smith, City Attorne 7 / }
DATE. September 17, 20 ~ ( i
SUBJECT: RESPONSE TO INQUIRY OF OBJECTION TO FORTY-YEAR RECERTIFICATION
PROCESS FOR THE HOME OF HARRY CHERRY AT 810 EUCLID AVENUE
Mr. Harry S. Cherry appeared before the City Commission at its July 15. 2009 meeting
and again, on September 9, 2009 during the Sutnick hour objecting to the 40 year
recertification requirement for his property.
Mr. Cherry contends he is exempt from the Miami-Dade County ordinance because he
occupies his property as a single family residence. He also argues that the Miami-Dade
County ordinance is invalid.
Background on the Property
Mr. Cherry's property, Located at 810 Euclid Avenue in Miami Beach was originally
constructed as a four unit apartment building under permit no 379 dated February 12:
1923. On May 31, 1941, the building was remodeled and converted to a six unit
apartment building, comprised of two 2 bedroom apartments and four 1 bedroom units.
The current certificate of occupancy for the property is for amulti-family apartment
building.
The first 40 year recertification, pursuant to the original Metro Dade County Ordinance
No. 75-34 was requested on November 10, 1975 and was approved on April 9, 1976.
A subsequent recertification was requested on May 1, 1987 and was approved on
December 4, 1991.
The current recertification pursuant to Miami-Dade County Code Sec. 8-11(f) was
requested on March 6, 2007. Mr. Cherry has not complied with this requirement to date.
Enforcement Activity
Violation BV07001446 was issued for non-compliance with the recertification ordinance.
The notice was hand-delivered to the property on September 20, 2007. Mr. Cherry
refused to sign the notice of violation.
Page 2 of 6
September 17, 2009
The violation was scheduled for hearing before the Special Master on June 19, 2008.
There was no appearance by Mr. Cherry. The Special Master issued an order requiring
compliance by August 18, 2008.
On August 7. 2008. Mr. Cherry notified the City Attorneys Office that he would appeal
the order to the Miami-Dade County Board of Rules and Appeals (BORA). Accordingly,
the City Attorney's office agreed to an extension of time to allow Mr. Cherry to appeal,
Mr. Cherry's appeal was scheduled before BORA on its Novemher 20, 2008 agenda:
however, at the hearing, Mr. Cherry voluntarily withdrew his appeal.
On March 3, 2009, Mr. Cherry requested another continuance from the Special Master
due to medical problems. The matter was rescheduled for May 7, 2009. On May 4,
2009, Mr. Cherry requested another continuance.
Ultimately, a hearing was held on May 7, 2009. Mr. Cherry was present. The Special
Master entered an order requiring full compliance by June 8. 2009 or a fine of $350.00
per day for each day of noncompliance be imposed.
To date, there is no compliance with the violation-
The Law and Regulatorv Process
The 40 year recertification is a regulatory issue solely within the purview of the City's
Building Official.
Background
Fla. Stat. § 468.603(1) defines "building code administrator' or "building official' in
pertinent part: "..,One person employed by each municipal or county government as a
building code administrator or building official and who is so certified under this part may
be authorized to perform any plan review or inspection for which certification is required
by this part."
Fla. Stat. §468.604(1) further determines the responsibility of the building official as
follows:
It is the responsibility of the building code administrator or building official to
administrate, supervise. direct. enforce, or perform the permitting and inspection
of construction, alteration, repair, remodeling, or demolition of structures and the
installation of building systems within the boundaries of their governmental
jurisdiction: when permitting is required, to ensure compliance with the Florida
Building Code and any applicable local technical amendment to the Florida
Building Code. The building code administrator or building official shall
faithfully perform these responsibilities without interference from any
person.
Page 3 of 6
September 17, 2009
Fla. Stat. §468.604(1)(a) and (1)(b) also requires that the building official ensure
compliance with the Florida Building Code when permitting is required and to inspect
each phase of the construction in accordance with the applicable sections of codes.
These provisions are also consistent with Fla. Stat. §553.791(1) (g), which defines the
"local building official" as the individual within the governing jurisdiction responsible for
direct regulatory administration or supervision of plans review, enforcement, and
inspection of any construction, erection, alteration, demolition, or substantial
improvement or, or addition to, any structure for which permitting is required to indicate
compliance with applicable codes..."
The Florida Building Code Sec. 104.3 requires that each local jurisdiction have a building
official responsible for the application and enforcement of the Code.
The Board of Rules and Appeals (BORA) is the sole local construction regulation board
entrusted with overseeing the uniform enforcement of the Building Code and maintaining
the proper standard of construction through Miami-Dade County, as mandated by Sec.
102.2.5 of the Florida Building Code. The Board also hears appeals from interpretations
of all Building Officials in Miami-Dade County. Sec.B-4(a), Miami-Dade County Code.
Sec. 8-11 of the Miami-Dade County Code entitled Existing buildings addresses the
proper maintenance standards to ensure buildings are in compliance with the
requirements contained in the Florida Building Code.
Section 8-11(f) of the Miami-Dade County Code entitled Recertification of buildings
and components (a copy of which is attached hereto for reference) requires that all
buildings, except single-family residences, be recertified when they have been in
existence for 40 years. All subsequent recertifications are required at ten (10) year
intervals, An architect or engineer must submit a signed and sealed report attesting to
the structural and electrical integrity of the building for the specified use for continued
occupancy. If repairs or modifications are necessary, the owner shall have a total of 150
days from the date of Notice of Required Inspection in which to complete the repairs or
modifications. This section is a County building minimum maintenance standard to
ensure public safety and therefore, is not a "local technical amendment" and is not
required to be adopted as part of the Florida Building Code. Therefore, Mr. Cherry's
argument that the recertification ordinance is invalid is without merit.
Finally, Sec. 8-5 of the Miami-Dade County Code entitled Unsafe Structures states in
(a)(6) that buildings or structures subject to the recertification requirements in Sec. 8-
11(f) where the owner fails to timely respond to the Notice of Required Inspection, or
fails to make all required repairs or modifications found to be necessary resulting from
the recertification inspection by the deadline specified in the Code. or any written
extension granted by the Building Official, will be demolished.
Page 4 of 6
September 17, 2009
Therefore, under the applicable laws and Codes, Mr. Cherry has three (3) options:
1. Recertify his building;
2. Appeal to BORA on the basis of his claim that his property is now a single family
residence, or
3. Process a change of occupancy for his property to a single family residence, thus
exempting the property from the Miami-Dade recertification requirement.
However, to change the occupancy of his building from a six unit apartment building to a
single family residence, the Florida Building Code is explicit in this process.
The Florida Building Code Section 105.1 states that "Any owner...who intends to
construct... or change the occupancy of a building or structure...shall first make
application to the building official and obtain the required permit. The Commentary in
the Code states: 'Note that this section indicates a need for a permit for a change
in occupancy, even if no work is contemplated. Although the occupancy of a
building or portion thereof may change and the new activity is still classified in
the same group, different code provisions may be applicable. The means of
egress, structural loads and light and ventilation provisions are examples of
requirements that are occupancy sensitive. The purpose of the permit is to cause
the work to be reviewed, approved and inspected to determine compliance with
the code."
In addition, Section 110.1, of the Florida Building Code mandates that no building or
structure shall be used or occupied and no change in the existing occupancy
classification of a building or structure or portion thereof shall be made until the building
official has issued a certificate of occupancy as provided herein. The Commentary in the
Code states: "...Also, no change in occupancy of an existing building is permitted
without first obtaining a certificate of occupancy for the new use."
Section 110 of the Florida Building Code governs certificates of occupancy. Specifically,
Section 110.2 provides that after the building official inspects the building or structure
and finds no violations of the provisions of this code or other laws that are enforced by
the department of building safety, the building official shall issue a certificate of
occupancy which includes the following,
1 building permit number
2. address of the structure
3. name and address of the owner
4. description of that portion of the structure for which the certificate is issued
5 a statement that the described portion of the structure has been inspected for
compliance with the requirements of this code for the occupancy and
division of occupancy and the use for which the proposed occupancy is
classified.
Page 5 of 6
September 17, 2009
The Commentary for this section states, "The building official is required to issue a
certificate of occupancy after a successful final inspection has been completed and all
deficiencies and violations have been resolved..."
Therefore, the legal process to convert a six unit apartment building into a single family
residence, in compliance with the foregoing, is:
1. apply for a change of occupancy permit and provide drawings for conversion of a
multi-family unit dwelling to a duplex or single family house:
2. obtain a permit and all required inspections;
3. apply and obtain a new certificate of occupancy for a single family residence.
Actions taken to resolve the issue
On June 6, 2007. Mc Cherry had a meeting with the Building Department staff
(Engineering Inspector Ricardo Arnau). It was explained to Mr. Cherry that he needs to
either apply for a change of occupancy or comply with the recertification requirement.
In June 2007, the Building Official. Thomas Velazquez sent a letter to Mr. Cherry
explaining that in order for the property to be classified as a single family residence, the
owner must obtain a new certificate of occupancy from the Building Department.
In August 2008. Rhonda Montoya Hasan from the City Attorney's Office met with Mr.
Cherry's representative, Frank Det Vecchio. At that time, she agreed to a continuance of
the pending Special Master hearing scheduled for August 7, 2008, to allow Mr. Cherry to
file an appeal with BORA. As previously noted, the case was scheduled for the
November 20, 2008 agenda, and Mr. Cherry, accompanied to the hearing by Mr. Del
Vecchio, voluntarily withdrew his appeal at the hearing.
The Building Department staff, the Building Official and the Director of the Miami-Dade
County Building Code Compliance Office had a meeting with Mr. Cherry. At that
meeting, the County Director concurred with the Building Official's interpretation that the
building had to be recertified or the owner would have to effect a change of occupancy in
order to be exempt from the requirement,
Conclusion
This is purely a regulatory issue enforced by the Building Official. BORA hears appeals
on the Florida Building Code as well as the Miami-Dade County Code, and
interpretations of local Building Officials. Neither the Commission nor City
Administration has the legal authority to interfere with the Building Official's interpretation
in this process.
Page 6 of 6
September 17, 2009
Notwithstanding Mr. Cherry's withdrawal of his appeal to BORA in August 2008, he still
has the ability to refile and have his appeal heard in front of BORA, which is the
appropriate venue to resolve the matter.
Alternatively, he may apply for a change of occupancy and the Building Department staff
has offered and is still committed to work with Mr. Cherry to process a change of
occupancy~.,~;
JMG/JS/AR/ts
cc: Mr. Harry Cherry
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(vl Permits shall be required for the following low voitage work, fiber optics. telephone,
televisicn, communications. fire alarms, burglar alarms. computer systems, central
vacuums and all other systems seventy-seven (77) volts or Less.
(w) Electrical permits shall be required for all appurtenances. apparatus. or equipment
used in connection therewith, inside of or attached to any building or structure, lot, or
premises.
(bj The plans examiner shall examine all plans and specifications and if found to comply with
the requirements of the Building Code, he or she shall mark the plans "REVIEWED FOR CODE
COMPLIANCE"
(cj Upon approval of plans. specifications and application for permit and the payment of the
required fee, the Building Official shall issue a weatherproof permit card which shall bear the
description of the property. the nature of the work being done. the name of the owner and
contractor and other pertinent information: and such card shall be maintained in a conspicuous
place on the front of the premises affected thereby during the entire time that the work
authorized by the permit is in progress.
(Ord. No. 01-112, § 1 7-10-01)
Sec. 8-11. Existing buildings.
(a) The requirements contained in the Florida Building Code, covering the maintenance of
buildings, shall apply to all buildings andlor structures now existing or hereafter erected. All
buildings and?or structures and all parts thereof shall be maintained in a safe condition, and all
devices or safeguards that are required by the Florida Building Code shall be maintained in
good working order, Electrical wiring, apparatus and equipment, and installations for light heat
or power and low voltage systems as are required and/or regulated by the Building Code, now
existing or hereinafter installed, shall be maintained in a safe condition and all devices and
safeguard maintained in good ~roorking order.
(b} This subsection shad not be construed as permitting the removal or non-maintenance of
any existing devices or safeguards unless authorized by the Bwlding Official.
lc) Certificate of inspection for boilers and pressure vessels: A Certificate of Inspection shall be
requested from and issued by the Building Official. Certificate of Inspection shall be the
authorization to operate such equipment for a limited period as set forth herein:
(1 j A Certificate of Inspection for ahigh-pressure boiler shall be for a period of not more
than 6 months.
(2} A Certificate of Inspection for aloes-pressure boiler shall be for a period of not more
than 12 months,
(3) A Certificate of Inspection for an unfired pressure vessel (operating at pressures in
excess of 60 PSI and having a volume of more than 5 cubic feet] shall be for a period of
not more than 12 months.
(4) A Certificate of Inspectcn may, at the discretion of the Budding Official, be fcr a
shorter period or such certificate may be rescinded and tests be ordered at any time
when in the opinion of the Building Official, a condition exists making such retesting or
remspection desirable in the interest of safeb/.
(5) A Certificate of Inspection shall be posted in a conspicuous location Co the operator.
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recept+on: Boilers requiring inspections and certification by the State of Florida Fire Marshal's Office,
Boiler Safety Program.
(f) RecertiFrcafion of huildrnrs ar~d contportents:
(i} For the purpose of this Subsection, recertification shall be construed to mean the
requirement for specific inspection of existing buildings and structures and furnishing the
Building Official with a written report of such inspection as prescribed herein.
(1i Inspection procedures shall conform. in general, with the minimum
inspection procedural guidelines as issued by the Board of Rules and Appeals.
(2) Such inspection shall be for the purpose of determining the general
structural condition of the building or structure to the extent reasonably possible
of any part, material or assembly of a building or structure which affects the
safety of such building or structure and(or which supports any dead or designed
live load, and the general condition of its electrical systems pursuant to the
Building Code.
(ii) (1) All buildings, except single-family residences, duplexes and minor structures as
defined below. shalt be recertified in the manner described below where such buildings
or structures have been in existence for forty (40} years or longer, as determined by the
Building Official. who shall at such time issue a Notice of Required Inspection to the
building owner.
(2) Subsequent recertification shall be required at ten (10) years interval.
(3) In the event a building is determined to be structurally and electrically safe
under the conditions set forth herein, and such building or structure is less than
forty (40) years of age. recertification shall not be required for a minimum of ten
.;10) years from that time. or age fort/ (40). whichever is the longer period of time.
(iiij Minor buildings or structures shall for the purpose of ;his subsection, be buildings
or structures in any occupancy group having an occupant load of ten f10) or less, as
determined by Table 1003.1 (FBC) Minimum Occupant Load of the Florida Building
Code and having a gross area of 2,000 sq. ft. or less.
(iv) (1) The owner of a building or structure subject to recertification shall furnish, or
cause to be furnished, within ninety (90) days of Notice of Required Inspection, a written
sport to the Building Offiaal, prepared by a Professional Engineer or Architect
registered in the State of Florida, certifying that each such building or structure is
structurally and electrically safe. or has been made structurally and electrically safe for
the specified use for continued occupancy, in conformity +roith the minimum inspection
procedural guidelines as issued by the Board of Rules and Appeals.
(2) Such written report shall bear the impressed seal and signature of the
responsible Engineer or Architect who has performed the inspection.
(3) Such Engineer or Architect shall undertake such assignments only where
qualified by training and experience in the specific technical field involved m the
inspection and report.
(4) Such report shall indicate the manner and b/pe of inspection forming the
basis for the report and description of any matters identified as requiring remedial
action.
(5) In the event that repairs or modifications are found to be necessary resulting
from the recertification inspection, the owner shall have a total of 150 days from
the date of Notice of Requrred Inspection in which to complete indicated repairs
or modifications which shall be executed in conformance with all applicable
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Sections df the Building Code,
(v) When installed on threshold buildings- structural glazing systems, shall be inspected
by the owner at 6 months intervals for the first year after completion of the installation.
The purpose of the inspection shall be to determine the structural condition and
adhesive capacity of the silicone sealant. Subsequent inspections shall be performed at
least once every 5 years at regular intervals for structurally glazed curtain wall systems
installed on threshold buildings,
(g) {T; An existing building under Chapter 34 of the Florida Building Code includes any
building cr structure built with proper permits and completed with all mandatory inspections and
for which a Certificate of Completion or Occupancy has been issued and any building or
structure. including any part thereof as well as any addition or repair, built without proper
permits in which the work performed commenced prior to March 1. 2002 or permits obtained
under the South Florida Building Code which expired without Certificates of Completion or
Occupancy having been issued.
f2) A Certificate of Completion or Occupancy for any existing building built without
proper permits or permits which expired may be obtained by applying to the Building
Official and fulfilling the following conditions:
(a) the owner shall furnish a set of as-built plans of the building or structure:
(b) the owner shall furnish an as-built certificate satisfactory to the Building
Official issued by a Florida registered engineer or architect and attesting that to
the best of his or her knowledge, belief and professional judgment and based on
his or her inspection of the structure, the structure:
(1) is structurally sound; and.
(2) satisfies the requirements of the Code in effect at the time the work
was commenced, indicating the date the work on the structure was
commenced from the best available records and the requirements of the
Code in effect on that date; and,
(3) complies with all requirements of the surrent code identified in
Section 8-11(g)(2)(c) below; and,
(4) complies with the permit application and any plans approved by the
Building Official. if applicable.
(c) the owner shall comply with the following life-safety requirements of the
current Building Code:
(1} Means of egress or escape
(2) Requirement of shutters
(3) Residential single station smoke detectors -installed in accordance
with NFPA (1999 edition)
(4) Requirement for ground fault mterruptors
(5) Requirement for full size pressure and temperaiure relief valved lines
on all water heaters
i6) Handicapped access requirements
•7) All gas piping systems shall be bonded to ground
(g) Handrails shall be inspected and replaced. if necessary. m full
compliance +aith requirements of the current Building Code.
(3) The as-built certificate shall contain a narrative description of the methodology
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utilized to make the determination set forth in the as-built certificate. In issuing the
Certificate of Completion or Occupancy, the Building Official shall be entitled to rely on
the accuracy of the as-built certificate.
(4j Prior to issuing the Certificate of Completion or Occupancy, the Building Official
shall conduct an inspection to determine, to the best of his or her ability given the nature
of the construction:
(a) that the plans submitted reflect the present state of the structure; and,
(b) that the construction complies with the Building Code in effect at the time the
work was commenced: and.
(c) that the structure complies with all requirements of the current Building Code
identified in Section 5-11(g)f2)(c) above: and.
(d) that the as-built certificate represents accurately the condition of the
structure.
(5j Notwithstanding the provisions of this Section, the Building Official may at all times
continue enforcement of the Code through any authorized means including issuance of a
Notice of Violation, recording of the same. commencement of a base before the Unsafe
Structures Board and/or the issuance of a civil violation notice. This section shall not be
construed or serve as a defense against any enforcement action brought by the Building
Official based on the current requirements of the Code.
(6) The Building Official shall establish a fee for processing applications and to conduct
any testing done pursuant to This section
(hj An applicant for a Certificate of Completion or Occupancy for any building or structure built
without proper permits or with permits that expired as provided in subsection (g) herecf shall
pay the impact fee which would have been applicable on the date upon which construction is
demonstrated to have commenced. No refunds of impact fees paid prior to the effective date of
this ordinance shall be allowed.
(Ord. No 01-112, § 1, 7-10-01; Ord. No. 02-44. ~ 1, 3-26-02; Ord. No. OS-31, § 1, 2-1-05)
Sec.8-12. Fees.
(a) The appointing authority shall establish a permit fee applicable throughout its jurisdiction.
Any person desiring a permit to be issued shall, in addition to filing an application therefor and
before such permit is issued, pay the required permit fee. The fee schedule to be adopted shall
identify the amount of the fee attributed to plans review. initial inspection and reinspection. The
appointing authority may impose the fees authorized by law for repeated plans examinations or
inspections,
(b) Basis of permit fee. The Building Official may require an estimate of cost and/or other
descriptive data as a basis for determining the permit fee.
(c) Double fee. When work for which a permit is required is started prior to the obtaining of said
permit. the applicant for a permit shall be required to pay $100,00 plus double the fee as
specified herein as the cost of the permit. The payment cf a permit fee shall not relieve any
person firm or corporation from fully complying ~roith the requirements of this Code. nor from any
other penalties prescribed therein.
(d) building Code Compliance Fee. All applications for building permits and premise permits
issued pursuant to the Building Code shall be on a form approved by the Board of Rules and
Appeals and, m addition to any other fees charged by any County or municipal building official,
shall include a Building Cade Compliance fee to be determined, assessed and collected in the
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(g} Revietiv of Board Decisions. Appeals of decisions of the Board within the review jursdiction
of the Florida Building Commission shall be to the Florida Building Commission in the manner
prescribed by (aw Review of other decisions of the Board shall be to the Circuit Court of the
Eleventh Judicial Circuit in and for Miami-Dade County. Florida. as provided in the Florida Rules
of Appellate Procedure for judicial review of administrative action.
(Ord. No. 01-112, § 1: 7-10-01; Ord. No. 01-176. § 1 10-23-01; Ord. No. 05-120. § 1. 6-7-05: Ord. No.
06-19, § 1 2-7-06: Ord. No. 07-147, § 1, 10-2-07)
Sec. 8-5. Unsafe Structures.
(a) General
(1j The Unsafe Structures Board and Unsafe Structures Appeal Panels are created to
exercise in Miami-Dade County and within those municipalities as provided for hereafter
the powers and duties granted by this Section. The Board shall have jurisdiction in both
the incorporated and unincorporated areas of Miami-Dade County with respect to its
powers duties and functions. The Appeal Panels shall have jurisdiction in the
unincorporated areas of Miami-Dade County and within the municipalities as provided
for hereafter with respect to their powers, duties and functions. The Board shall be
entrusted with hearing appeals of decisions of Building Officials declaring any structures
located on properties within the municipalities and those structures located on properties
in the unincorporated area of the County which are not within the juriseiiction of the
Unsafe Structures Appeal Panels as described below to be unsafe where there is a
danger to the health and safety of the citizens, all in the manner prescribed in this
Section. Unsafe Structures Appeal Panels shall hear appeals cf decisions of the Miami-
Dade County Building Official declaring single-family and duplex residences and their
accessory structures on the same property as the principal building and accessory
structures on vacant land to be unsafe where there is a danger to the health and safety
of the citizens. all in the manner prescribed in this Section, Unsafe Structures Appeal
Panels may hear appeals of decisions of Building Officials of the muniapalities in this
County declaring single-family and duplex residences and their accessory structures on
the same property as the principal building and accessory structures on vacant land to
be unsafe where there is a danger to the health and safety of the citizens. all in the
manner prescribed in this Section, when the municipality elects to have such appeals
heard by the Appeal Panels rather than the Board,
(2) Buildings or structures that are, or hereafter shall become, unsafe. unsanitany or
deficient, facilities with inadequate means of egress. or which constitute a fire or
windstorm hazard. or are othewise dangerous to human life or public welfare by reason
of illegal or improper use, occupancy or maintenance, or which have been substantially
damaged by the elements, acts of God, fire; explosion or otherwise, shad be deemed
unsafe structures and a permrt shall be obtained to demolish the structure or where
specifically allowed by this section, to bring the building into compliance with the
applicable codes as provided herein.
(3) Incomplete buildings commenced without a permit or for which the permit has
expired. or completed buildings commenced without a permit or for which the permit has
expired, prior to completion and no Certificate of Occupancy has been issued. shall be
presumed and deemed unsafe and a permit shall be obtained to demolish the structure
or bring the building into compliance ~roith the applicable codes as provided herein.
(4} Buildings which meet the physical criteria of unsafe struC.ures set forh in this
section. and are ordered to be repaired by the Building Official. an Unsafe Structures
Appeal Panel or the Unsafe Structures Board. in the manner more particularly set fcrth
below. which are not completed or repaired and brought into `,ull compliance with the
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Building Code within the reasonable time alloLVed by the Building OfFcial or the Unsafe
Structures Board will be demolished.
(5) Swimming pools that contain stagnant water are deemed unsanitary and dangerous
to human fife and public welfare. If the stagnant water s not removed and all repairs
made and brought into full compliance with the Building Code within the reasonable time
allowed by the Building Official, then these swimming pools ~roill be demolished.
(6) Buildings or structures subject to the recertification requirements in Section 8-11e;f)
of this Code ~rohich the owner fails to timely respond to the Notice of Required Inspection
or fails to make all required repairs or modifications found to be necessary resulting from
the recertification inspection by the deadline specified in the Code or am/ written
extension granted by the Building Official will be demolished.
(b) Physical criteria.
(1) A building shall be deemed a fire hazard and/or unsafe when:
(i) It is vacant. unguarded and open at doors or windows.
(ii) There is an accumulation of debris or other material therein representing a
hazard of combustion.
(iii) The building condition creates hazards with respect to means of egress and
fire protection as provided herein for the particular Occupancy,
(2) A building, or part thereof. shall be presumed to be unsafe if:
(i} There is a falling away, hanging loose or loosening of any siding. block, brick.
or other building material
(ii) There is a deterioration of the structure or structural parts.
;iii) The building is partially destroyed.
(iv) There is an unusual saggsng or leaning out of plumb of the building or any
pans of the bwlding and such effect is caused by deterioration or over-stressing,
(v) The electrical or mechanical installations or systems create a hazardous
condition contaan/ to the standards of the Building Code.
(vi) An unsanitary condition exists by reason of inadequate or malfunctioning
sanitary facilities or waste disposal systems.
(vii) By reasons of use or occupancy the area, height. type of construction, fire-
resistivity means of egress, electrical equipment. plumbing. air conditioning or
other features regulated by this Code do not comply with this Code for the use
and group of occupancy.
(3} A building, or part thereof, shall be presumed to be unsafe if
(i) The construCion, installation of electrical, plumbing or other equpment
therein or thereon. or the partial construction or installation of electrical, plumbing
or other equipment has been commenced or completed ~nrithout a permit therefor
having been obtained or where the permit has expired prior to completion and
the issuance of a Certificate of Occupancy or Certificate of Completion.
iii) The construction. installation of electrical, plumbing or other equipment
therein or thereon, or the partial construction or installation of electrical, plumbing
or other equipment has not been completed.
(,iii) The building or structure is vacant and abandoned. and covered at doors or
windows with materials not previously approved by the Building Official. or for a
period exceeding the maximum limitations set forth in this Section.
y:' l6r?OQ~I
hltp:'libraryS.municode.comtdel'dull-re~t,''DocVicwtl06'_l) t'1a1;'I~'_
ADMINISTRATIDN
code is no: intended to inhibit innovative Ideas or
oological advances. A comprehensive regulatory
invent sur:h as a buildmy code cznnot envision
then address of luuue innovations iri the mdus-
Ing nur11UL" v nruwy uavcivNct., nin..vourc
systems and methods for wnictl no code to
erenoed standards yet uxist. The foci that a
product o- method of constr,,ction is not acd
trio. code is not an indicatioc that such materia
r,r method is mterrded lc be prohibited. The bt
evhue
)114.17.1 Research reports. Supp„rtin_• Ju:<:. ~,Irere nea'c.: in
lu ;::i<t iu iLc apnruc:d of ur,;teli:d~, or assc;nlhlies out s}xetfi-
cyllt~ prnaiduJ for ir. ihir' arrdc. iliall ronsitt al cnlid resrarc6
rvparla lrom ap{aru,~ctl sources.
W'nen an alternative material or mPhtod r proposed for
cdnstrucbon. n Is incumbent upon lhr; building official to
determine vdhether this alternative is, In fact. an equiva-
lent to thcr methods prescribed by trio code. Reports
providing evidence of this equivalency are required to
be sup plied by an approved source. meaning a source
that the building official finds to be reliable and accu-
rate. Hlso see Commentary to Soclior 1701.1 on [he
Florida Product Approval System and Ruie 98-7;-~.
1(14.11.?'l'asts. AV'b2never t'nerc i- iusuflicienT er~iderice of tom
pliance ~~ irl'~ th:: pr:n•isu+m of dtis code. ur ::•,,ilence ihar a mau•-
rial Or method does oat can(imu to rbe rcquircnx•nL. ut ens code.
or in order h> sr.bsranriate cJ:.has lul altern:nive matcri.if; ur
r.~rdtua.. the builJiu^ aBlcial sL•:,II have lhr zcd',onry to reyuirr
lest; s evidencr. of oomph:uu'e. rr. M• made at nn czpanse to the
iuriulicuun, 'Iesr methods shun be ao spcuiiod in kris ct,de or
by otter rtt•ucnia•d tas[ ;umduni-_ Iu the absence of recognncci
:Ind acee{ited msl mcdmds. the ouii;bm• allici:li sh;dl ^n^rovc
l'ne Isslius pracedur<•;. Tests shad I~ performed M au a;'; :'tivetl
:+Cency. Ri•purls al such rest. ~bul: i,c rr:;lini•G h~ ihi: buildin"
ol'Gcial for the. period required for n~.fl:ntian rrf publii: rerorris-
To provide the basis on vdhich the Uuilding official car.
maKe a decision regarding an alternative material or
method: sufficient technical data. test reports and docu-
mentation must be provided for evaluation. If evidence
satisfactory+ to the building official indicates that the ai-
tr:rnative material or construction method is equivalent
to that reguired by the code, he or she may a,prove it.
Any such aaprova cannot hour, the effect of evaiviny
any requirements of the w:!e.. The burden of proof al
equivalence Iles v:r'h the a{ipGca~n who proposes trio
use of alternatve materials or mclhors
The building official must ~eouire the submission of a•ty
appropriate information erne data to a=silt Ir tae deter-
mina;iur o' equivalencV~ Tff:> information mu..=.t be sub-
mitted bcion- r permit can be issued The y+pe of infor-
mation required trteludes Test data in accordance wilt=
referenced standards. evidence of compliance v,+ith the
referenced standard specifications and design ralcu-
lations. Aresearch report issued by an aulnoritalive
agency Is particularly useful ui providing the buildmy
of5clal m;itn tier, technical basis for ewaWahnn and ap-
proval of new anti ,nnnvative materials and nicthocis of
conslnrction. The use of aulhoritatwe research reports
can greatly assist the building official i;y reducing the
time-consuming engineering analysis ncccssar\ to le
vievr throe materals ant methods. Failure to substami-
ate adcqualely a recuest for the user of an alten~lative is
a vaitd reason fo: Ina building official to dung a request.
Anv tests submitted tr+ support o? an applicaton mus:
have peen performed by an agency a};proved by the
building official based on evidence that the ag+:rc:y has
the technical expertise. test equipment and quality as-
surance wproperly conduct an:J report [he necessaro
tesbng. Thd lest reports suomitted to the Guilding af-
ficlat mus: be retained as required by law.
111#.113:\ctt•<sibilih.:\hernati+r deli -n> <wil lrcnuolu;_,a for
pn>~:~ulin^ .,~~ ::~, !,~• mid t ai:r.it_. of :~ I:r.ilily lie rcnon~ :vi;il
:iisub,lWr•. chilli h~ in .:c.:urd,u:cc +vi:ii 5acri,n~~ ' 1.2..
SECTION 105
PERMITS
)ILS-1 kequired..4ua ov:'I:CI ~,r arlnuriicd a_'cnt ,pair, irtuuds
tr~ s:an3u~ct, enlars~. ^Ivor. rcl~aui, nn,ce, dcrcalish. <»- change
tSc urcupturt+ of :: buildin:~ or .cuaure. of k~ erect Install. en
L~r~e. niece raven'. « mo~~e. ennver-i or rep,a r :u n' etectricnl.
~i_, meeh:mi,;nl nr phunhin~~ system, the in.;ali:aion uI r~i:icll
is rrgtdatc;i b, rhi~ end.. or lu :aus~ env >u: h u+xh to hr ann~_.
shall fir;l m Ike appli:aeon to for buildin, utNcl.i! and ubi;i!n the
royuire;i pamtil.
This section contains the adminisL alive rules governing
the issuance. suspension. revocation or modification o'
building permits. Ii also establishes how and by vrttom
the application for a building perrt,il is to be made, hou+
it is tc be processed tars and v:hat information tl must
wntain or have attached la il.
In genera{. a permit is required for all activities that
are regulated by the code or ds referenc:ecf codes isee
SecUOn 101 L~, and these activities cannot begin until
the permir. is issued, unless the activity is specifically
exempted by Section 1052, Only the owner or a per-
son autho(aed by the rnvncr car apply for the perrnil.
Note that this section indicates a need for a permit for a
change in ocr:uoancy, even i' no •n+ork is contemplated.
Although the occupancy of a buiidiny or portion thereof
may change ono the new activity is still classified i', the
same group, different code provisions may be apptica-
2004 FLORIDA BDILDING CODE" COMMENTARY
ADMINISTRATION
ble. The, means of egress, structural loads and light and H15.1.5 Food permit. A; per Sea!un SOO.I '. hluri,hr i;nrrer-,. a
venlilatior. prov~slons are examples of requirements tbinl Ixnnil inns s'nr f>ep:u7mcm ul Agrirulnlre ;mJ Consumer
that are Or;cupancy sensitive. The purpose of ih@ per- )ervicc, i- rcyuircd of ter; perrm who opcr;uc,.:. fool ustablish-
mlt is to cause the •:vork to be revie+,ved, approved and nlenr or reruil anrc
inspected to determine compliance v:ith the code.
1115.2 Work exempt from pennil. Exemptions from permit
1115.1.1 Annual facility permit. In lieu of an individu.a per'- LeGuiremonl~ ul' rhi~ .olle sh:dl ern Ile dceracd ro ;tram :altho-
~~nil ihr .:ach aikctrion to n.•s!suna. electrieul. ~a, mechanic:J. riz.llion fnr any work ul he done in env manner m viol:diou of
'
~lumbinr. nr inrcriur nun<uvcrural office wctcmisi. the building ur the
the pn,v:iiom of rhls .ode. Pennons shall nor he :uyutred I
uliicia! is ;ol[horir~eJ to issue m annual pcnni[ for twv Dena- fnllo•.ving:
psney lu facilitate routine ur erlen;ency scr•,iee, rep::ir. rclur-
(r85:
hishinc, minor rcnovarion. of ]el'C (iti' S1';tenR +n' IIIUIIll rairll 11119
elltll pllil'.I71 II1SraII:illJiltir l'dlJCatIO0F. I he i)ildrhll!^, UIIIC I;II sI1:IIE I. PPrral?Il' I1tlal1I1~ appII:IRCe.
I?e nolilicJ o[ major ehan~'s and sh lit Icl:uu lhc. right ul :Hake
-. Rcpt K m •nr;lt:my Honor par Iltar.ioe: riot alter ap-
utspecri+nls al .hc Llliay title us ucen.ed ncce~s:ut'. An annul pmca, of cyuipmem ar mak. ,uch eyuipmenl un~ale.
I~aciffip permit shall bc• :r;esed wish an anuu:d fee and slt:dl he
v;diJ ti+r one veer fnnn J:ac o=.' reunnce. A xparare permit ,h;dl ~~Iechanicai:
h~ ,M:,ineJ fi?r •ach fault ::ud for e.eh con,uu..uun Lrade. as
l
I, Ponuble healing appli:mec.
do
appllcablc. Thy permit glpiicarion ~ rdi contain a •_anera
x;nprion of the puruuteters of work intended u) be pcdormed '. Pnrluhlc vennlaron eyuipun•nr.
durine dle ye;lr
`
i Portable coolim> unit.
`
The former limitation to Group F or;alpancies has been
remwred from This section. In some `nstances. such J. Swam- hul or chilled wslcr ulpigg within arrv ircrauie
as tansy^e buildings or !nduslrial facilities, the repau, re- of cnnline eyuipuleu[ rerul:ucd by dti~ code.
placement or alteration of electrical, gas.. mechanical ~. Rephaecnlcnl of any pan ohich does not :Jt.•r a: ar,-
or plumbing systems orrurs on a (request basis, and i)racal or make ,l uusatt:.
this section allo•n•s :he building oiicial to issue an an-
nual permit for this +rvork. This relieves both the building !i. Pun.lhle ~^:apur:lti•:c ~uoirr.
department and Ilte owners of such facilities from the 7, Self-conrnined rcui~enuicn ,y\ICm ;onr:rinin_• U:)
burcen of `.fling and processing individual applications p+nalcs t t..<.a kc?;,r Ic„ of refri,~er:m[.,nd accuared M~
for this actively, however, there are restrictions on wrho nunon el I horseivlw•cr 17:16 W) or less.
is entitled to these permits. They can be issued only
for work nn a previously approved nstallation and only N.'I he insrallarion. mpSa:emenr, removal or starring of i
to an individual or corporation that employs persons :my load managenlenl n>uuol \ievi. e.
speciTically qualified in the trade fcr ~n+hich the permit is piwubin~:
issued. It tradespl:ople +mho perform th.e. +.vorR involved
are required to oe licensed in the jurisdiction. then only I, The ::upping of leal-s in grains. \varer. soil. ~o;~aac .+r
[hose persons .vould he permitted to perform the •:rork cem ;)q)a pn)viJ.J, however. Ihal Ir any eonccaleJ
If trace Licensing is net recurred, then the building of- Leap. Jr;uu pipe. •.vutcr. ,oil. \+aslc :,r • cm pilx ba-
ficial needs to reviow and approve the qualifications coins dclbeti•'e and it hucumes neccsan~ lu n°muve
of the persons ~,vho well be pertorminy the work. The .rid replax rtlc same \+idl tune otararial. ,ugh •vore
annual permit .;an apply only to the individual property ;h;tll be : ~>midercJ :~~ near work ;uul .. ~ crnn .Elall
that is avned or oDOrated by :he applicant. he ;,Maw.J ^nJ insruaion .lade .t, p[evided in :his
,:ode.
105.1? Annual permit records.l'he per.un u, yabOm:m anmutl ?. The vlavln•~ et sleppa~_es nr Otc repailinp ,+1 Ie:;k, in
Ix•nuir is !sued :hall A~ep a de.rlilul I~cnl : nt dicralions nlad° pion.\. valves •ar nxture~. and the rcmov,d :nnl rc insl:d
under~;uch anneal panne. I'.1c buJd11G of-If;at 'h III h Iy~.: ac.:ew larion of yvater closcln, pnrv:decl .uch u•puir-. ,b, nor
lu',uch rccurJs at :d) linxs onuch ICU)Idti ;brill b. h.. .l eoidl Ihc•
invol ~ ur regal ~ the :eplauauunt ..r 1 anangcrrcm
budding of'leiai as dr•ISnarecl.
' <lf `: II V:.1ti. I+IpeA lr h LLLILY'>
The •.vork pertormed in accordance •::ith :.ln annual per gection 105.2 essentially r equines a permit `or amj ac-
mit must be inspected by the building official, so its iivity mvolviny ~roork on :+ building and its systems and
necessary to knew the location of ::uch o•:ork and •~ihen
other strur.;ures. This section lists those activ~hrs that
it '•roas oerRrrmed- This ran be accomplished by hav- are pernilled to take place \without first cbtalmny <7 per
mg records of the •.vork available to the buitriiny official
' mil •rom the building druanment. ;t is ~I:rther thN intent
s office, as deter-
ei[her at the prenlses or -,n the official of the code that euan Ihough vaork may bc• ~xempied
mined by the, -.-,fficial. `or pr_rrnd purposes. ~t must still rornnty •.virh the rode
and the owner is responsible for grape!- and safe con-
1_8 2004 FLORIDA BUILDING CODE" COMMENTARY
J
ADMINISTRATION
SECTION 110
CERTIFICATE OF OCCUPANCY
Illl.l li.c and nccupanc~~. ~o Ln:iLlinc ~n >Inrctu:r shall b:;
u.et .x,i~w{+ic+ .,: n.: nu ; r<nr~•_ iu the .:ct~uu+_ ~rccupun.y clas-
vilia,lion of a `?widutt°:tr 5'UUCrnrc ur prn'tion thereof shall b2
made until the build iu•~ oliaal has i~xlcd a rertiiieale of or
aun:rncy dterehxe a+ provided herein, lasuance of a cenlhanc
ul' occup;at:.,: ;hall not he evn:n-ucd us :ro nrnruval o(a viula-
uon :u lfte provisiaro of rhL~ code or nl' ::Ihcr , n~dinaucc. nt' the
junsrlirhul.
This section establishes ihal a new building or structure
r arnoi by ocnupied until a ccrtifirate of occupancy is
issued by the building official, which reflects :he conclu-
sion of the vdork allowed by the building permit. Also.. no
change in occupancy of an existing building Is permit-
ted •aithout first obtaining a certificate of occupancy for
the new use.
The fool that the building vfticlal uses to control the
uses and occupancies of various buildings and strur.-
tures •,vithln the ~unstliction is :he certificate of occupan-
cy. It Is unlavrful to use or occupy a building or sintclure
unless a certificate of occupancy has been issued. Its
issuance does not relieve the building owner `tom the
responsibility for rvrrectirg any code violation that may
exist.
llll? ('ertilicate ismcd. Arrcr nc~ `wilding u[fici:d m.fxcts the
buddin_ ,tr,tru.urre :md Iinds no t~io:aunn. of thr pravi.uars of
shi. code or ndler lute that are enihrcrd n.= th;; :Irpartmenl of
buildin<~ >.rloty, nc~ budoine ol'lic:al shall issue a c:rlihc:ve of
r>t';apancy ih:d rcnr:nns thr [ollntr;ga:
t .The inrildin~ pernur number
?. l'he addrvd of the ~trucwre.
;.'I'l:e name^uui addres of the ~:a~oer.
4.:A do>cnpnrnt of that poniol; of the ~iru: ntre I'or 'which the
ertitic:ue i. issued.
i. :1 slalrntenr Ih.il the de~eribrl Ix,rtion of she anleutrc bus
been ina[rred Yul cump'ian:r wilt th:. requnrmrnr- of
dti, code ii~r the o.:,:np:min anJ dn~uinn nl ocsupanc•: and
the u.r Inr,,nhkii the Itropu~e+l n,:cunaucy i. aassined.
h. The itmne ul' Ihe i~wldin_• +diiuiul.
?, 1'hr eailiun „[ the euue nndcr tvhi.:h the ~Prmil •.v.r is-
.ucd.
:. (ho:rse.tnd „c.:uplrnc•:, in accordance •a~rth Ihe pntcisiom
ul'Ch:rplcr?.
'I The t}~pc ul consuac:rou as dc•iinea in Chaprer r5.
10. 1'hc desren xcupatit load.
I I. II an awon;;inc ~pnnklrr :+y,lrnl a prrvid,d, •wheihcr the
~prmkler;y,rrm i. royulrerl.
11 :1:iq special nrlpu wuuu> .:nd anidttunn :H Iha hufldin},
i?cnnit.
The building official is required lv issue a cvrtiticate of
vrrupancy after a successhd final ~nspectlon has been
ccmpleted and all deficienr;ies and violations have
been resolved. this section lists the :nformalion that
must be included nn the cerificate. This icforrnauen is
useful to both the building official and the ctivner be•
cause it in<;i<:ates the criteria under •,vhich the structure
was evaluates and approved at the tune the certificate
was issued. This I$ important ~e~hen applying Chapter
34 fo existing buildings.
1t11.3'!'cntporarv rxcupancy.'1'ite huihlins ofh:inl i~ audlu
rtrc~i ra usur ., lempor::r: relTiiialc ...I oreu{?:aie~; hefin'e Ihe
crnnplerinn of the entire 'a„rl, atvrral by the pennd, p,ttvidel
that au.h ~u:Tion nr purnun~ shall be <?,::'upicd :oi~b;. ~I'hr bnilu^^-
tm_ otfici.d shall .cl. a lin•:i• peliou :.folios -»hich the tulpur;a_;
tcrtiheaa; of oc~upanr.~ i~ t~.iliJ.
The building official is permitted to ssuv a temporary
certificate of occupancy for all or a portion of a build-
ing prior to :he completion of all work. Saco i:<'<[ifir,„-
tion is to be issued only •,vhen Ihe building or portion in
GUP'StlOn can be safely occupied prior to full completicn.
The certification Is :ntende±: to acknov;iedye that some
building features may not bo completed even Ihc;ugh
Ihe building is sate for occupancy. or that a Dortlon of
the budding can be safely occupied •rvhde ~.vork rar,tin-
ues in another area Thts provision precludes Ihe or.-
coration not ne
envelope. The
ice of a tempo
bet:ause onto the building Dr structure Is occupleo. ~l
is vvrv •'lifficuli W remove Ihe occucanis ihrvuejh egal
means, The certificate mull sneciFV the time potion fcr
which It ~s valicf_
110.4 Kc+mation.'ll;r hnildu r_ nihcca is ;au horvcd :: ~. in •.vnl-
ing. -uspcnd •:?r li^:ok~ .i trrrinc.n~ +I ac;:nn:rut:~: nr cum{:I:rlnu
~,:zucd under the pr~t'::iorn ui dt~= rot:c :otters': cr Ihe- certitic;trc
n auca m ~:n'or. or tnl Ihe basis ~:1~1tinR>:~+t(•r' ~ r t1t_n~p.
?i.licd. <n' wh~rc Il n rl to tined 'h rt iLi: hni L.lm -i rl n.lctu r: ol•
portion Ater. n( ism ',~iol.aiuu of n ttJuian t r icruh.Gun ::r
any of the pmv i~ions ui chi= c-~:wc.
This section 's needed to gi,vv the bu8dhxl cf`iri:.tl iho
authority tv revoke a certificau: of xcupancy for the
«;asons indicated in the code text. the ruildiny official
may also suspend ±he certifir,;ae of occupancy until all
of the cede :~lotauons are corecled.
7 22 200a FLORIDA BUILDING CODE'' COMMENTARY