Ordinance 2020-4387 Building Permit Reprieve Program
ORDINANCE NO, 2020-4387
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "BUILDING REGULATIONS," BY
AMENDING ARTICLE II, ENTITLED "CONSTRUCTION STANDARDS," BY
AMENDING DIVISION IV THEREOF, ENTITLED . "BUILDING PERMIT
REPRIEVE PROGRAM," BY AMENDING SECTIONS 14-85, AND 14-87 TO
PROVIDE FOR THE ONE YEAR PERMIT 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 ("City") 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(s), or never applied for a permit in the first place; and
WHEREAS, often title to the property hastransferred, and the new owner of the property,
unaware of the unpermitted work, is left to clean up the permitting issues, and faces double or
triple permit fees; and
WHEREAS, on April 26, 2017, in response to the foregoing concerns,the Mayor and City
Commission enacted Ordinance No. 2017-4088, which created a one-year reprieve period from
May 1, 2017 through April 30, 2018, for property owners and tenants to come into compliance
with the Florida Building Code; and
WHEREAS; on May 16, 2018, the Mayor and City Commission passed and adopted
Ordinance No. 2018-4192, which extended the one-year Building Permit Reprieve Program
through April 30, 2019; and
WHEREAS,. on May 9, 2019, the Mayor and City Commission passed and adopted
Ordinance No. 2019-4262, which extended the reprieve period by another year from April 30,
2019 to April 30, 2020;and
WHEREAS, the Mayor and City Commission desire to reinstate the reprieve with a sunset
date of December 31, 2021; and
WHEREAS, the amendments set forth in this Ordinance 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. That Division IV of Article II of Chapter 14 of the City Code, entitled "Building
Regulations" is hereby amended as follows: .
CHAPTER 14
BUILDING REGULATIONS
ARTICLE II —CONSTRUCTION STANDARDS
* * *
DIVISION IV. -2017-2020 BUILDING PERMIT REPRIEVE PROGRAM
Sec. 14-85. - Intent of Reprieve Program
The City desires to extend the one year reinstate the building permit reprieve (amnesty) program
from May 1, 2017 through April 30, 2020 from May 1,2020 through December 31,.2021. 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 andtoconduct 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 whicha
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 commencedprior to_May 1, 2019 May 1,2020; 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.
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(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
NFPA;
(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
(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 a 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, 2019 May 1, 2020, 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.
4
(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 City 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 December 31, 2021, 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 December 31, 2021.
PASSED and ADOPTED this day of ueCeri ' , 2020.
First Reading: November 18, 2019
ATTEST:
Dan Gelber, Mayor
IVID-LcA
RafaTinado, City Clerk
APPROVED AS TO
(Sponsored by Commissioner Micky Steinberg) FORM & LANG AGE
O ECU ION
11f4.F.Ak„,
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', City Attorney gAit, Dote
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Ordinances -R5 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 9, 2020
9:50 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 CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "BUILDING REGULATIONS," BY
AMENDING ARTICLE II, ENTITLED "CONSTRUCTION STANDARDS," BY
AMENDING DIVISION IV THEREOF, ENTITLED "BUILDING PERMIT
REPRIEVE PROGRAM," BY AMENDING SECTIONS 14-85, AND 14-87 TO
PROVIDE FOR THE ONE YEAR PERMIT 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,ANDA SUNSET PROVISION.
RECOMMENDATION
The Administration recommends adoption of the ordinance.
BACKGROUND/HISTORY
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. As a result of the foregoing, the City desires to reenact the permit reprieve period for
property owners and tenants to come into compliance with the Florida Building Code. The
creation of Division 4, sections 14-85 through 14-87, of the Code, are necessary to accomplish
all the above objectives.
ANALYSIS
The City desires reenact the permit reprieve (amnesty) program with a sunset date of
December 31 st'2021. Reprieve shall be provided to those property owners, or designees of
property owners, who voluntary apply for reprieve. Nothing herein shall preclude the building
Page 984 of 1707
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 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.
Pursuant to section 14-86, a property owner who has applied for amnesty 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 amnesty 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 proposed Sec. 14-87. -Guidelines and Requirements of the Amnesty Program, (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, 2019; 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) 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;
Page 985 of 1707
(ii) Requirement of shutters;
(iii) Residential single station smoke detectors installed in accordance with
NF PA;
(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.
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;
A. 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.
FINANCIAL INFORMATION
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
Page 986 of 1707
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.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Building
Sponsor
Commissioner Micky Steinberg
ATTACHMENTS:
Description
❑ Ordinance
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