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Ordinance 2018-4192Building Permit Reprieve Program ORDINANCE NO. 2018 -4192 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CITY CODE, ENTITLED "BUILDING REGULATIONS," AT ARTICLE II, "CONSTRUCTION STANDARDS," TO MODIFY DIVISION IV, ENTITLED "BUILDING PERMIT REPRIEVE PROGRAM "; MODIFYING SECTIONS 14 -85, AND 14 -87, TO PROVIDE FOR A ONE -YEAR EXTENSION FOR THE REPRIEVE PROGRAM FOR OWNERS OF SINGLE FAMILY RESIDENTIAL, MULTI- FAMILY RESIDENTIAL, MIXED USE OR COMMERCIAL PROPERTIES WHO HAVE FAILED TO OBTAIN A BUILDING PERMIT(S), OR HAVE EXPIRED PERMITS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AN EFFECTIVE DATE, AND A SUNSET PROVISION. WHEREAS, the City of Miami Beach has determined that there are numerous property owners in the City who have performed work without a permit; and WHEREAS, the City desires to ensure that unauthorized work complies with the Florida Building Code, as failure to comply with the Code can result in a life safety issue to the inhabitants of the structure; and WHEREAS, cost is a concern to many persons who either have expired permits, without final inspection, or never applied for a permit in the first place; and WHEREAS, often title to the property has transferred, and the new owner of the property, unaware of the unpermitted work, is left to clean up the permitting issues, and facing double or triple permit fees; and WHEREAS, on May 1, 2017, as a result of the foregoing, the City enacted Ordinance No. 2017 -4088, which created a one -year (May 1, 2017 through April 30, 2018) reprieve period for property owners and tenants to come into compliance with the Florida Building Code; and WHEREAS, the City reviewed the ordinance during the March 7, 2018, and the Mayor and City Commission recommended to extend the reprieve period by one year; and WHEREAS, the Mayor and City Commission desire to amend the sunset date from April 30, 2018 through April 30, 2019; and WHEREAS, the amendment of the sunset provision found at Chapter 14 of the City Code, entitled "Building Regulations," at Article II, "Construction Standards," to modify Division IV, entitled "Building Permit Reprieve Program" at Sections 14 -85 and 14 -87, of the Code, as set forth below are necessary to accomplish all of 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 of the City Code, entitled "Building Regulations ", at Article II, "Construction Standards," amending Division IV, entitled "Building Permit Reprieve Program," is hereby amended as follows: CHAPTER 14 BUILDING REGULATIONS ARTICLE II — CONSTRUCTION STANDARDS DIVISION IV. - 2017 -2018 BUILDING PERMIT REPRIEVE PROGRAM Sec. 14 -85. - Intent of Reprieve Program The City desires to create a extend the one -year building permit reprieve (amnesty) program from May 1, 2017 through April 30, 2018 through April 30, 2019. The program will be valid for one -year. Reprieve shall be provided to those property owners, or designees of property owners, who voluntary apply for reprieve. Nothing herein shall preclude the building official from assessing fees or penalties for work performed without a permit, or work performed in violation of any provision of the Florida Building Code, Florida Fire Prevention Code, or the City's land development regulations, if such violation is discovered by the building official and his staff. Nothing herein shall be construed to excuse an applicant from compliance with the Florida Building Code, Florida Fire Prevention Code, or the City's land development regulations. Sec 14 -86. - Fees. A property owner who has applied for reprieve pursuant to this division will be assessed only those fees (in effect at the time of the permit application) associated with new permits or the re- issuance of permits. Fees associated with work performed without permits, or without inspections, as delineated in division I, sections 14 -61 through 14 -67, and Schedule A of this Code, will not be assessed to the reprieve applicant. The fee for processing applications and to conduct any testing pursuant to this division shall be set forth in Schedule A of this Code. Sec. 14 -87. - Guidelines and Requirements of the Reprieve Program. (a) Existing buildings. (1) An existing building under Chapter 34 of the Florida Building Code includes any building or structure built with proper permits and completed with all mandatory inspections and for which a certificate of completion or occupancy has been issued; any building or structure, including any part thereof as well as any addition or repair, that was constructed without proper permits in which the work performed commenced prior to May 1, 2018 May 1, 2017; or any building or structure constructed pursuant to permits obtained under the Florida Building Code, which expired without certificates of completion or occupancy having been issued. (2) A certificate of completion or occupancy for any existing building constructed 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 issued by a Florida- registered engineer or architect, in a form that is satisfactory to the building official, which certificate attests that, to the best of the knowledge, belief and professional judgment of the engineer /architect, and based on the engineer /architect's inspection of the structure, the structure: (i) is structurally sound; and (ii) satisfies the requirements of the applicable 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 applicable code in effect on that date; and (iii) complies with all requirements of the current edition of the applicable code identified in subsection (a)(2)(C) and (D); and (iv) complies with the permit application and plans approved by the building official, if applicable. (C) The owner shall comply with the following life safety requirements of the current edition of the Florida Building Code: (i) Means of egress or escapes; (ii) Requirement of shutters; (iii) Residential single station smoke detectors installed in accordance with N FPA; (iv) Requirement for ground fault interrupters; (v) Requirement for full size pressure and temperature relief valved lines on all water heaters; (vi) Handicapped access requirements; (vii) All gas piping systems shall be bonded to the ground; (viii) Handrails shall be inspected and replaced, if necessary, in full compliance with requirements of the most recent version of the Building Code. (D) The owner shall comply with the current edition of the Americans with Disabilities Act and the Florida Fire Prevention Code. (3) The as -built certificate specified in subsection (a)(2)(B) shall contain a narrative description of the methodology 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. (4) 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; (B) That the construction complies with the edition of the Florida Building Code in effect at the time the work was commenced; (C) That the structure complies with all requirements of the Florida Building Code identified in subsection (a)(2)(C) and (D); and (D) That the as -built certificate accurately represents the conditions of the structure. (5) Authority of the building official to enforce the Florida Building Code. Notwithstanding the provisions of this section, the building official may at all times continue enforcement of the applicable code through any authorized means including issuance of a notice of violation, recording of the same, and /or commencement and prosecution of a case before the unsafe structures board. This section shall not be construed to conflict with or supersede, nor shall it serve as a defense to, any enforcement action brought by the building official based on the current requirements of the applicable code. (6) The building official shall create an reprieve application form and shall promulgate a procedure for an applicant to seek reprieve pursuant to this division. (b) Guidelines for renewal of expired roof permits without a final inspection. Roofing permits issued prior to May 1, 2017 May 1, 2018, under the jurisdiction of the Florida Building Code, shall comply with the following guidelines: (A) A state of Florida duly licensed architect or engineer may provide an as -built certification letter, signed and sealed, certifying that the roof is in compliance with the Florida Building Code in effect at the time of the roof installation. (B) The as -built letter shall state the approximate date of the roof installation, (C) The as -built letter shall state the product approval number of the approved roofing system and state that the underlayment and the fasteners were visually inspected by plugging the roof. In lieu of plugging of the roof an uplift test is acceptable. (D) An application for the renewal of the roof permit must be submitted by a licensed roof contractor. (E) Upon submittal of the required documents the city's roofing inspector will review the as -built letter for compliance with the Florida Building Code in effect at the time of the roof installation. (F) Upon submittal of the as -built letter and the as -built plans required by this division, all documents will be reviewed for compliance with this division and the applicable codes. Secs. 14 -88 through 14 -105 Reserved. SECTION 2. Repealer. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 3. Codification. It is the intention of the bity Commission, 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 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. Effective Date. This Ordinance shall take effect ten days following adoption. SECTION 6. Sunset. As of May 1, 2019, the provisions of this Ordinance shall terminate and be of no force or effect. The codifier is hereby directed to remove the provisions herein from the City Code on May 1, 2019. PASSED and ADOPTED this day of //171 , 2018. First Reading: April 11, 2018 Second Reading: ATTEST: ( r2r7 Rafael E. Granado, City Jerk .1NC0�3P 0(Sponsored by Commissioner i) c `Sfiein. APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 3'i8 Date� MAM BEACH Ordinances - R5 D COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Ana M. Salgueiro, Building Official / Raul J. Aguila, City Attorney DATE: May 16, 2018 10:20 a.m. Second Reading Public Hearing SUBJECT: BUILDING PERMIT REPRIEVE PROGRAM: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CITY CODE, ENTITLED "BUILDING REGULATIONS," AT ARTICLE II, "CONSTRUCTION STANDARDS," TO MODIFY DIVISION IV, ENTITLED "BUILDING PERMIT REPRIEVE PROGRAM ;" MODIFYING SECTIONS 14 -85, AND 14 -87, TO PROVIDE FOR A ONE -YEAR EXTENSION FOR THE REPRIEVE PROGRAM FOR OWNERS OF SINGLE FAMILY RESIDENTIAL, MULTI- FAMILY RESIDENTIAL, MIXED USE OR COMMERCIAL PROPERTIES WHO HAVE FAILED TO OBTAIN A BUILDING PERMIT(S), OR HAVE EXPIRED PERMITS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AN EFFECTIVE DATE, AND ASUNSET PROVISION. RECOMMENDATION Please see Memorandum attached. Legislative Tracking Building /Office of the City Attorney Sponsor Vice -Mayor Micky Steinberg ATTACHMENTS: Description a Memorandum a 1st Rdg, Ord. Building Permit Reprieve Program Page 1061 of 1842 OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the City Commission FROM: Ana M. Salgueiro, Building Official DATE: May 16, 2018 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CITY CODE, ENTITLED "BUILDING REGULATIONS," AT ARTICLE II, "CONSTRUCTION STANDARDS," TO MODIFY DIVISION IV, ENTITLED "BUILDING PERMIT REPRIEVE PROGRAM "; MODIFYING SECTIONS 14 -85, AND 14 -87, TO PROVIDE FOR A ONE -YEAR EXTENSION FOR THE REPRIEVE PROGRAM FOR OWNERS OF SINGLE FAMILY RESIDENTIAL, MULTI - FAMILY RESIDENTIAL, MIXED USE OR COMMERCIAL PROPERTIES WHO HAVE FAILED TO OBTAIN A BUILDING PERMIT(S), OR HAVE EXPIRED PERMITS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AN EFFECTIVE DATE, AND A SUNSET PROVISION. Background: The City of Miami Beach has determined that there are numerous property owners in the City who have performed work without a permit. The City desires to ensure that unauthorized work complies with the Florida Building Code, as failure to comply with the Code can result in a life safety issue to the inhabitants of the structure. Cost is a concern to many persons who either have expired permits, without final inspection, or never applied for a permit in the first place, and often title to the property has transferred, and the new owner of the property, unaware of the unpermitted work, is left to clean up the permitting issues and facing double or triple permit fees. On May 1, 2017, as a result of the foregoing, the City enacted Ordinance No. 2017 -4088, which created a one -year (May 1, 2017 through April 30, 2018) reprieve period for property owners and tenants to come into compliance with the Florida Building Code. The City reviewed the ordinance during the March 7, 2018, and the Mayor and City Commission recommended to extend the reprieve period by one year, and desire to amend the sunset date from April 30, 2018 to April 30, 2019. Analysis: The City desires to extend the one -year building permit reprieve (amnesty) program for a year from May 1, 2018 through April 30, 2019. The program will be valid for one additional year. Reprieve shall be provided to those property owners, or designees of property owners, who voluntary apply for reprieve. Nothing herein shall preclude the building official from assessing fees or penalties for work performed without a permit, or work performed in violation of any provision of the Florida Building Code, Florida Fire Prevention Code, or the City's and development regulations, if such violation is discovered by the building official and his staff. Nothing in the ordinance shall be construed to excuse an applicant from compliance with the Florida Building Code, Florida Fire Prevention Code, or the City's land development regulations. Page 1062 of 1842 Page 2 Building Permit Reprieve Ordinance — One Year Extension Pursuant to section 14 -86, a property owner who has applied for reprieve pursuant to this division will be assessed only those fees (in effect at the time of the permit application) associated with new permits or the re- issuance of permits. Fees associated with work performed without permits, or without inspections, as delineated in division 1, sections 14 -61 through 14 -67, and Schedule A of this Code, will not be assessed to the reprieve applicant. The fee for processing applications and to conduct any testing pursuant to this division shall be set forth in Schedule A of this Code, Pursuant to Sec. 14 -87, "Guidelines and Requirements of the Reprieve Program," the program shall apply to (1) existing buildings, built with proper permits and completed with all mandatory inspections and for which a certificate of completion or occupancy has been issued; any building or structure, including any part thereof as well as any addition or repair, that was constructed without proper permits in which the work performed commenced prior to May 1, 2018; or any building or structure constructed pursuant to permits obtained under the Florida Building Code, or (2) buildings built without permits, or a certificate of completion or occupancy, or (3) roofing without proper permits, or which expired without certificates of completion or occupancy having been issued can obtain a building permit reprieve if they comply with 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 issued by a Florida- registered engineer or architect, in a form that is satisfactory to the building official, which certificate attests that, to the best of the knowledge, belief and professional judgment of the engineer /architect, and based on the engineer /architect's inspection of the structure, the structure: (i) (ii) is structurally sound; and satisfies the requirements of the applicable 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 applicable code in effect on that date; and (iii) complies with all requirements of the current edition of the applicable code identified in subsection (a)(2)(C) and (D); and (iv) complies with the permit application and plans approved by the building official, if applicable. (C) The owner shall comply with the following life safety requirements of the current edition of the Florida Building Code: (i) Means of egress or escapes; (ii) Requirement of shutters; (iii) Residential single station smoke detectors installed in accordance with NFPA; (iv) Requirement for ground fault interrupters; (v) Requirement for full size pressure and temperature relief valved lines on all water heaters; We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community, Page 1063 of 1842 Page 3 Building Permit Reprieve Ordinance — One Year Extension (vi) Handicapped access requirements; (vii) All gas piping systems shall be bonded to the ground; (viii) Handrails shall be inspected and replaced, if necessary, in full compliance with requirements of the most recent version of the Building Code. (D) The owner shall comply with the current edition of the Americans with Disabilities Act and the Florida Fire Prevention Code. The as -built certificate specified in subsection (a)(2)(B) shall contain a narrative description of the methodology 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. 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; (B) That the construction complies with the edition of the Florida Building Code in effect at the time the work was commenced; (C) That the structure complies with all requirements of the Florida Building Code identified in subsection (a)(2)(C) and (D); and (D) That the as -built certificate accurately represents the conditions of the structure. Please note, that despite the foregoing, the building official shall be authorized to continue to enforce the Florida Building Code. As such, the building official may at all times continue enforcement of the applicable code through any authorized means including issuance of a notice of violation, recording of the same, and /or commencement and prosecution of a case before the unsafe structures board. This section shall not be construed to conflict with or supersede, nor shall it serve as a defense to, any enforcement action brought by the building official based on the current requirements of the applicable code. Fiscal Impact: Double or triple permit fees for work without a permit, for those applying for a building permit reprieve would not be applicable to the site — if the applicant acts in compliance with the provisions of the draft ordinance. The reduction in cost would assist the current property owner in coming into compliance with the code and would ensure that all life safety requirements for the building are complied with, and that the building is "safe." The program would not authorize construction that is contrary to the zoning code or life safety codes of the State. There should be no net cost to the City's Building Department. Recommendation: This Ordinance was approved on First Reading at the April 11, 2018 City Commission and is now submitted for approval on Second Reading, Public Hearing at the May 16, 2018 City Commission meeting. We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. Page 1064 of 1842