2017-4153 OrdinanceORDINANCE NO.
2017 -4153
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14,
"ENTITLED "BUILDING REGULATIONS," DIVISION 2, "PERMIT
FEES," AT SECTIONS 14 -61, 14 -62 RELATING TO BUILDING
PERMIT FEES GENERALLY; WAIVING FEES FOR PHOTOVOLTAIC
BUILDING PERMIT FEES; AND MODIFYING THE FEE SCHEDULE
CONTAINED IN APPENDIX A IN ORDER TO UPDATE CERTAIN
BUILDING FEES AND TO PROVIDE A PERMIT FEE REDUCTION OF
40% FOR MINOR, IN -KIND, HURRICANE REPAIRS DUE TO
HURRICANE IRMA, FOR A THREE MONTH PERIOD; PROVIDING
FOR RETROACTIVE APPLICATION TO FIRST READING, REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach amended its fee code and implemented the new fee
schedule on June 2, 2014; and
WHEREAS, in implementation of the City's building permit software system, it was
determined, that certain fees could not be entered into the system; and
WHEREAS, certain other fees were reviewed and modified to better reflect actual costs;
and
WHEREAS, due to Hurricane Irma, the City would like to reduce permitting fees for a
limited period of three months for property owners to seek permits for minor in -kind repairs not
exceeding $20,000; and
WHEREAS, in applying an ordinance retroactively (1) there is clear evidence of legislative
intent to apply the law retroactively, and (2) when allowed, the retroactive application is
constitutionally permissible, in that the new law does not create new obligations, impose new
penalties, or impair vested rights. Jasinski v. City of Miami, 269 F.Supp.2d 1341 (SD Fla. 2003); and
WHEREAS, for purposes of determining whether the retroactive application of a municipal
ordinance impairs a vested right under Florida law, a vested right is defined as an immediate, fixed
right of present enjoyment, Id.; and
WHEREAS, the reduction in permitting fees is not the retroactive application of a tax; and
WHEREAS, the City is not interfering with a vested right obtained as a result of a final order
from a City Land Use Board, or permit already obtained under the Florida Building Code; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 14, "Building Regulations," Article II, "Construction Fees," Division, "Permit
Fees," is hereby amended as follows:
Sec. 14 -61 Permit fees, generally.
(a) Levied. Permits, inspections and other fees of the building department of the city are hereby
levied and imposed and shall apply to building, plumbing, electrical and mechanical permits and
other activities undertaken by that department as specified in Appendix A. Permit fee line items
include, but are not limited to: building, plumbing, electrical, and mechanical as well as those line
items associated with planning, fire, and public works, In addition, all permits will include line items
for outside agencies; State of Florida, Department of Business and Professional Regulation (DBPR),
Building Code Administrators and Inspectors (BCAI), and Miami Dade County Building Code
Compliance Office (BCCO). The Mayor and City Commission of the City of Miami Beach may direct
the City Manager to waive building permit fees that include building, planning, public works, parking,
fire, and environmental permits that are directly related to City projects.
(g) Inspection fee hou "l. The inspection fee hourly rate, shall be as specified in Appendix AT
•• - . - . - • •
f each fiscal year based on the building department's approved
overhead and indirect costs and the resources assigned to the inspection program.
(h) Plans re- review fee. When extra plans reviews are due to the failure to correct code violation -s
Florida Building Code discipline requirements specifically and continuously noted in each rejection,
including, but not limited to, egress, fire protection, structural stability, energy, accessibility, lighting
ventilation, electrical, mechanical, plumbing, and gas systems, or other requirements identified by
the rule of the Florida Building Commission, in compliance with F.S. § 553.80(2)(b), each time
after the third such review that plans are rejected for the same code violation requirement, a fee
shall ho attributed to plans review. shall be
charged, per discipline, as delineated in Appendix A.
(i) Expedited plans review and inspection fee. Upon request from the applicant, the department may
schedule an expedited plans review or inspection, on an overtime basis by city staff. When such
service is provided, a fee as specified in appendix A shall be charged, in addition to the regular
permit fee and other applicable fees. Expedited plan review service may be requested by the
applicant with a cost plus fce incurred at a charge, per discipline, as delineated in appendix A, in
addition to the :. - : -• _ - • : _ - other applicable fees required for the
work.
(m)Electronic concurrent plan processing. In order to create a more efficient permitting process,
the building department will -may be implementing procedures to process plans electronically via
an automated workflow. Once implemented, the department will --may request that applicants
submit plans in an electronic format. If the applicant chooses to submit paper plans, the director,
or his designee has the authority to invoice for reimbursement of the conversion of documents
submitted to an electronic format
* * *
(o) Private provider fee. When a property owner uses the services of a licensed private company
for plan review and inspections services (Private Provider), the fee will be assessed as a regular
building permit with a discount of 25 40 percent of the original building permit fee. If only the plate
review or the inspections are done by the Private Provider, then the fee will be assessed as a
regular building permit with a discount of 12.525 percent of the original building permit fee.
(p) Photovoltaic waiver. All photovoltaic related building permit fees will be waived to promote
the use of photovoltaic energy.
Sec. 14 -62. Building permits.
*
(b) Refunds, time limitations, cancellations, change of contractor. The fees charged pursuant to the
schedule in appendix A, provided the same are for a permit required by Section 105.1 of the Florida
Building Code, may be refunded by the building official subject to the following:
(1) No refunds shall bemade on requests involving:
a. Permit fecs of the rnMinimum permit fee(s) and upfront fee(s) [14- 62(a)1 as specified
in Appendix A or less; or
b. Permits for which plans review has commenced or inspections performed; or
f. Permits under which work has commenced as evidenced by any recorded inspection
having been made by the department-city, unless the refund is due to an overcharge
by the city.
*
(3) Permits under which no inspections were performed are entitled to a 50 percent refund of
the building permit fee line item if requested within 90 days of permit issuance. No
refund shall be provided after 90 days expires.
refund in writing within one year of
a. That the permit holder makes a written request prior to the permit expiration date;
and- -
b. That no work as evidenced by any recorded inspection has commenced under such
permit
(7) Where the permit is revoked, or becomes null and void, or expires because of lack of
work or abandonment, a new permit covering the proposed construction shall be
obtained before proceeding with the work, pursuant to Section 105.4.1.1 of the Florida
Building Code. If no more than 180 days of the expiration date of the original permit has
passed, and no refund has been made according to this section, the applicant may apply
to renew the permit. The reapplication must be covering the same project and involving
the same plans, and must be submitted with the plans and the applicant's validated copy
of the original permit. A fee of 25 percent of the original permit fee, plus an additional
processing fee equivalent to the minimum permit fee as specified in appendix A, shall be
charged for a renewal under these circumstances. No additional fees for outside agency
line items will be imposed.
For permits that have expired where the only missing component is one or more final
inspections, the fee for reopening the permit, performing the final inspection(s), and
providing a final approval on the permit shall be charged based on the minimum building
permit fee.
SECTION 2.
Attached to this Ordinance is amended Appendix A, amending certain building permit
fees.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Code
of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re
lettered to accomplish such intention, and, the word "ordinance" may be changed to "section ",
"article ", or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. RETROACTIVE APPLICATION - EFFECTIVE DATE.
This ordinance shall take effect immediately upon adoption of this ordinance,
RETROACTIVE to First Reading, September 25, 2017, due to Hurricane Irma recovery efforts.
SECTION 7.
This Ordinance shall be reviewed by the City Commission in two years.
PASSED AND ADOPTED this /3 day of December 017.
ATTEST:
2.5z f
Rafael E. Granado, City Ierk
First Reading: October 18, 2017
Second Reading: December 13, 2017
Underline = new language
Strikethrough = deleted language
Dan Gelber, Mayor
APPROVED AS 10
FORM & LANG ° , E
& FOR EXEC
• ty Attorne ; Date
APPENDIX A - FEE SCHEDULE
FEE SCHEDULE
This appendix includes all fees and charges established by the City Commission that are referred to in
the indicated sections of the Code of Ordinances:
Section this Code
Description
Amount
Code Section
Subpart a. General Ordinances
Chapter 14. Building Regulations Part I
Division 2. Permit Fees
14 -61(b)
Double fees for starting work prior to issuance of permit,
plus the following penalty:
First offense
1-00.00500.00
Second offense
250.001,000.00
Subsequent offenses
X000.002,000.00
14- 61(c)(1)
Reinspection fee:
200.00
In compliance with F.S § 553.80(2)(c), any subsequent
reinspection after the first reinspection shall be charged
four times the first inspection first
cost of or rcinspection,
whichever is The inspections is
gr ater. cost of calculated
based thc time by thc inspector
on actual spent
multiplied by the inspection fee hourly
rate, as specified
in subsection 14 61(g). The time inspcction is
actual of
rounded up to the hour
First Inspection
0 00
Second and subsequent reinspection(s): Based on four
200.00
times the cost of first inspcction first
or reinspection,
whichever is atcr to 11 61 (g)
gr at a rate pursuant
Reinspection of existing building to determine
compliance with thc Building Code: Based
applicable on
four times the cost first inspcction first
of or rcinspcction,
whichever is The inspections is
greater. cost of calculated
based the time
on actual
spent by the inspector by thc inspection fee
multiplied
-, - - ' The
- - - - .e - -1(g).
actual time of inspection is to thc hour.
rounded up
14 -61(e)
Commercial major minor revisions 6 to 30 p3gC or m ^r^
500.00
up to 35 pages
Commercial major revisions over 35 pages
$20.00 per page
Commercial total revision 31 +
50% of Original
Permit Fee
pages
When determined by the Building Official
Residential major minor revision 6 to 15 or more u to
200.00
15 pages
Residential major revisions over 15 pages
$20.00 per page
Residential total revision 16 +
50% of Original
Permit Fee
pages
When determined by the Building Official
Page 660 of 1320
14 -61(h)
Plans re- review fee:
First and second re- review
0.00
Plans re- review fee. Pursuant to the Florida Building
Commission, and in compliance with F.S. § 553.80(2) (b),
when extra plans reviews are due to the failure to correct
code vie- la -tions rejections specifically and continuously
noted in each rejection, each time after the third such
review that plans are rejected for the same code
violations rejections, a fee of four times the amount of
- - --- - • - •- - •• -- $250 per discipline shall
be attributed to plans review.
14 -610)
Expedited plan review and inspection fee: upon request
from the applicant, the department may schedule an
expedited review or inspection
250.00
plans on an overtime
basis by department Fee for
staff. each review Elf
inspection category requested.
14 -61(n)
Phase permits:
Commercial new construction
2,000.005,000.00
Commercial alteration
1,0:004,000.00
Residential new construction
Single Family Residence
47000,002 000.00
14 -61(p)
Photovoltaic fees
14 -62(a)
Up -front processing fee: Percent of estimated permit fee
or the minimum processing fee, whichever is greater.
Percent of estimated permit fee rounded up to the
nearest $5.00 increment
20%
Minimum up -front fee
50.00
14- 62(b)(4)
Change of contractor
100.00
14- 62(b)(5)
Change of architect or engineer
100.00
14- 62(b)(6)
One time request for building permit extension (permit
must not be expired)
100.00
14- 62(b)(6)
Additional request for building permit extension (permit
must not be expired): Percent of building permit fee line
item only
39050%
14 -62(c)
Building permit fees:
Commercial Permit Fees for Building Permits:
New Construction Minimum permit fee
140.00
Alterations Minimum permit fee
100.00
Permit fee for a building whose estimated construction
cost is equal to or less than $30 35 million is 2.01_9% of
the cost of construction as approved by the Building
Official or his or her designee, plus 1.0% of the
construction cost for any amount over $30 35 million but
less than or equal to $100 million; and 0.25% of costs
exceeding $100 million as approved by the Building
Official or his or her designee.
Due to hurric. e events Hurricane Irma fees for minor
repairs under a total value of $20,000, the above fee (14-
Page 661 of 1320
Page 662 of 1320
62(c)) shall be reduced by 40 percent for the following
period: three (3) months from ea t the hurricane
event to pull permit. This does not apply to any permits
needed for railing repairs and all repairs must be of a
substantially similar, design, quality and appearance.
Residential Permit Fees for Building Permits:
New Construction Minimum permit fee
120.00
Alterations Minimum permit fee
90.00
Residential: Single- family, Duplex:
Permit fee for a building whose estimated construction
cost is equal to or less than $1 1_5 million is 1.8 1.7%
of
the cost of construction as approved by the Building
Official or his or her designee, plus 1.0% of the
construction cost for any amount over $1 1_5 million as
approved by the Building Official or his or her designee
Due to hurricane events Hurricane Irma, fees for minor
repairs under a total value of $20,000, the above fee [14-
62(c)] shall be reduced by 40 percent for the following
period: three (3) months from en^ n the hurricane
event to pull permit. This does not apply to any permits
needed for railing repairs and all repairs must be of a
substantially similar, design, quality and appearance.
Temporary and Special Event Fees
Temporary platforms for public assembly, first approval
104,00 150.00
Temporary bleachers for public assembly, first approval
05.00150.00
Temporary platforms or bleachers for public assembly,
re- approval
;0.00100.00
Tents excluding electric and plumbing, per tent
• Up to 1,000 square feet
104.00150.00
• Each additional 1,000 square feet over 1,000
28.0050.00
Temporary structure /trusses /statues (no electrical or
plumbing included)
104.00150.00
Temporary chiller
462. 00500.00
Temporary generator
200500.00
Construction trailer, per trailer
463 00500.00
Office trailer, per trailer
68 00500.00
Temporary power for construction
;5,00300.00
Temporary power for test
18400200.00
Temporary multi -seat toilet trailer, per trailer
80.00100.00
Temporary individual toilet, per event
17.0050.00
Amusement Rides
5000
Temporary electric work on
312.00
circuses, carnivals, per show
14- 66(1)
Certificate of occupancy fees:
Residential units R -1, R -2, and R -3, per unit
110.00150.00
All commercial occupancies except R -1. and R -2, per
square foot
0:050.07
14 -66(1)
Temporary certificate of occupancy or completion fees:
100 percent of final certificate of occupancy or
200.00
Page 662 of 1320
•
Page 663 of 1320
completion and letter of final completion fee plus the
cost of any additional required inspections. Additional
required inspections will be charge based on actual time
spent on inspection multiplied _ -- -
. .. . .
specified in 11 61(h).
section
11 66(1)
Certificate fccs:
of completion
Certificate of completion fccs for
1 -00.00
residential
Certificate of completion fees for
2-5-0.00
commercial
Forty year recertification program fee:
14 -67(a)
Per building
600.00
Building official approval of 6 month extension for
building recertifications
600.00
11 67(b)
Late fee, fcc,
2-60.00
compliance regular plus
14-67(c)
New inspection report fee if recertification not completed
within 90 days of building's being declared unsafe
312.00300.00
14 -69
Employee training, education, safety, and technology
procurement and implementation for service
enhancement surcharge is 6 percent of each and every
Building permit fee
Chapter 66. Marine Structures, Facilities and Vehicles
Article III. Piers, Docks and Boat Ramps
66- 114(a)
Plans review fee shall be consistent with 14- 61(h)9 -8-
93(a),(b). Up front fee be
processing shall consistent with
14-62(a),
Page 663 of 1320
MIAM
BEACH
Ordinances - R5 C
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 13, 2017
10:10 a.m. Second Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14, "ENTITLED "BUILDING
REGULATIONS," DIVISION 2, "PERMIT FEES," AT SECTIONS 14 -61, 14 -62
RELATING TO BUILDING PERMIT FEES GENERALLY; WAIVING FEES FOR
PHOTOVOLTAIC BUILDING PERMIT FEES; AND MODIFYING THE FEE
SCHEDULE CONTAINED IN APPENDIX A IN ORDER TO UPDATE CERTAIN
BUILDING FEES AND TO PROVIDE A PERMIT FEE REDUCTION OF 40% FOR
MINOR, IN- KIND, HURRICANE REPAIRS DUE TO HURRICANE IRMA, FOR A
THREE MONTH PERIOD; PROVIDING FOR RETROACTIVE APPLICATION TO
FIRST READING, REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
CONCLUSION
KEY INTENDED OUTCOMES SUPPORTED
Improve Building /Development - Related Processes From Single Family Residences To The Large
Development Projects
FINANCIAL INFORMATION
Legislative Tracking
Building /Office of the City Attorney
Sponsor
Commissioner Ricky Arriola
Page 651 of 1320
ATTACHMENTS:
Description
D Memo
D Ordinance
Page 652 of 1320
Building Department, 1700 Convention Center Drive, Miami Beach, Florida 33139
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 13, 2017
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14,
"ENTITLED "BUILDING REGULATIONS," DIVISION 2, "PERMIT
FEES," AT SECTIONS 14 -61, 14 -62 RELATING TO BUILDING
PERMIT FEES GENERALLY; WAIVING FEES FOR
PHOTOVOLTAIC BUILDING PERMIT FEES; AND MODIFYING THE
FEE SCHEDULE CONTAINED IN APPENDIX A IN ORDER TO
UPDATE CERTAIN BUILDING FEES AND TO PROVIDE A PERMIT
FEE REDUCTION OF 40% FOR MINOR, IN -KIND, HURRICANE
REPAIRS, FOR A THREE MONTH PERIOD; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
Background:
On June 2, 2014, the City of Miami Beach amended its fee code and implemented a new fee
schedule, to coincide with the City's new building permit software system, and modified certain
fees to better reflect actual costs.
UPDATE:
The Cit Commission a.. roved the sub'ect Ordinance at First Readin• on Se.tember 25 2017
pursuant to eliminating the specification of Hurricane Irma. The revised ordinance for Second
Reading has been updated. deleting hurricane repairs due to Hurricane Irma.
Analysis:
The Building Department continues to review the fee schedule on an annual basis and the
Building Official has determined that a more efficient, effective and transparent way to assess
fees is necessary. As such, the Building Official recommends the following amendments to the
City Code:
• Reduce fees for owners hiring private provider as required by the State Legislature, as
codified at amended section 553.791, F.S., by reducing the building permit fee by the
estimated cost savings to the department. The reduction for owners /contractors hiring
private providers for both Review & Inspection services will be 40% off of the calculated
Page 653 of 1320
Permit. Fee Ordinance
Page 2
building permit fee; and the reduction for owners /contractors hiring private providers for
only Inspection services will be 25% off of the calculated building permit fee. The fiscal
impact of these reductions to City revenue is estimated at $1.1 million.
• Modifying the fee structure and percentages charged for Commercial and Residential
building permits, Currently, Commercial permits are charged 2% of the job value up to
$30 million and 1°/0 on job values over $30 million. This modification would increase the
first tier range to $35 million and reduce the fee to 1.9% of the job value; the second tier
would have a range of $35 million to $100 million and the fee remains at 1%; and the
addition of a third tier for job values over $100 million with a fee of 0.25% of the job
value. Residential permits are currently billed 1.8% up to $ 1 million in job value and 1
over $1 million in job value. This modification would increase the range to $1.5 million
and reduce the fee to 1.7% of the job value for the first tier; and the second tier range
would increase to $1.5 million and the fee remains at 1% of the job value. This will
continue to be a tiered cumulative fee structure. The code change would reduce the fees
the Building Department would receive. As building fees are considered an enterprise
fund to be used to finance the actual cost of expenditures of the department, the
modification to the code would better reflect the actual reimbursable costs to the
department, and be consistent with the state guidelines for enterprise funds. The
estimated fiscal impact to the City would be an estimated reduction in revenue of
approximately $415,000.
• Authorizing the Mayor and City Commission to direct the City Manager to be able to
waive building fees for City projects. Waiving of fees for City projects will allow more
projects to be completed without internal transfer of funds from other accounts into the
Building Department. There is no financial impact since the costs associated with the
permit would remain in the City budget.
• Waiving building fees for photovoltaic installations in order to encourage residents and
industry to use photovoltaic energy. This is in support of the City's efforts to increase
resilience and sustainability. Fiscal impact will be less than $2,000.00 per year.
• Increasing Phased permit fee. A Phased Permit is an authorization from the Building
Official to start construction before all plans are approved as defined in the Florida
Statutes and Florida Building Code. Ordinarily a phased permit is authorized for larger
sized projects (i.e.: to allow the foundation to proceed, while other phases of the large
project goes through permitting). Under the existing fee structure, and because of its
minimal cost, the phased permit process is being abused by applicants, often resulting in
the process being utilized by small -scale projects. The proposed fee increase is intended
to limit the abuse of the phased permit process. It is estimated that Fiscal impact will
result in an increase in revenues of $25, 000.
14 -61(n)
Phase permits:
Commercial new construction
27000,005 000.00
Commercial alteration
1,500.004,000.00
Page 654 of 1320
Residential new construction
Single Family Residence
1-'000,002 000.00
• Modifying and clarifying various fees to adjust fee amounts in a more efficient way such
as rounding, eliminating redundancy, etc. and to clarify descriptions of the fees. No
fiscal impact is anticipated by these minimal adjustments.
• Allowing for a three (3) month period a building permit fee reduction of 40% for minor, in-
kind, hurricane repairs due to hurricane events. Originally, the ordinance was drafted to
relate to Hurricane Irma. The language was expanded to include all hurricane events
going forward.
This item was first introduced at the April 26, 2017 City Commission meeting. The Commission
deferred the item to the May 17, 2017 meeting, and then again to September 13, 2017. First
reading was held on September 13 2017 and the item was scheduled for the December 13,
City Commission meeting and the Building Department was directed to discuss with the
Chamber of Commerce any concerns they had with the buildin• •ermit fee schedule. The
modifications contained in this second reading ordinance are the culmination of discussions with.
the Chamber of Commerce. Second reading, public hearing is scheduled for December 13,
2017.
Fiscal Impact:
Overall the proposed Ordinance is expected to reduce revenues and require use of available
fund balance.
Recommendation:
The Administration recommends that the City Commission adopt the attached Ordinance.
AMS /ND
Page 655 of 1320