Ordinance 2024-4602 Building Permit Reprieve Program
ORDINANCE 2024-4602
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 "2017-2022 BUILDING
PERMIT REPRIEVE PROGRAM," TO EXTEND THE DURATION OF THE
BUILDING 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, OR WHO HOLD EXPIRED PERMITS; AND PROVIDING FOR
REPEALER, CODIFICATION, 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
a final inspection or permit close-out), or who never applied for a permit in the first place; and
WHEREAS, in many cases, when title to property is transferred, the new owner of the
property, unaware of the prior unpermitted work, is left to clean up the permitting issues, and faces
double or triple permit fees; and
WHEREAS, on May 1, 2017, in response to the foregoing concerns, 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, on May 16, 2018, and pursuant to Ordinance No. 2018-4192, the Mayor and
City Commission extended the reprieve period by one year, through April 30, 2019; and
WHEREAS, on May 9, 2019, and pursuant to Ordinance No. 2019-4262, the Mayor and
City Commission extended the reprieve period through April 30, 2020; and
WHEREAS, on December 9, 2020, and pursuant to Ordinance No. 2020-4387, the Mayor
and City Commission reinstated the reprieve program, through December 31, 2021; and
WHEREAS, on January 20, 2022, and pursuant to Ordinance No. 2022-4462, the Mayor
and City Commission extended the reprieve period through December 31, 2022' and
WHEREAS, the Mayor and City Commission now desire to extend the reprieve period
once again, through December 31, 2026; 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 4. 2017-2022 2026 BUILDING PERMIT REPRIEVE PROGRAMSec. 14-85. Intent of
reprieve program.
The city desires to extend the building permit reprieve (amnesty) program, which was
reinstated on May 1, 2020, through the period ending on December 31, 2022 2026. 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. 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 1, sections 14-61 through 14-67, and appendix 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 appendix 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
December 31, 2022 December 31, 2021; 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 subsections (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) 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 the building official's ability given the
nature of the construction:
(A) That the plans submitted reflect the present state of the structure;
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(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 December 31, 2022 December 31, 2021, under the jurisdiction of the Florida
Building Code, shall comply with the following guidelines:
(1) 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.
(2) The as-built letter shall state the approximate date of the roof installation.
(3) 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.
(4) An application for the renewal of the roof permit must be submitted by a licensed roof
contractor.
(5) 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.
(6) 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.
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.
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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. Sunset..
As of December 31, 2026, 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, 2026.
SECTION 6. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this /3 day of t 023.
•
ATTEST:
MAR 1 5 2024 Steven Meiner, Mayor
Raf el E. Granado, City Clerk
k.
(Sponsored by Commissioner Alex J. Fernandez) 1#4*\;;)4.Cs,
INC0RP ORATED
Co-Sponsored by Commissioner David Suarez h=
Co-Sponsored by Commissioner Joseph Magazine
Co-Sponsored by Mayor Steven Meiner APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
'1)— a-`1—Z-3
City Attorney Date
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Ordinances-R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: March 13,2024
10:35 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 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 "2017-2022 BUILDING
PERMIT REPRIEVE PROGRAM," TO EXTEND THE DURATION OF THE
BUILDING 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, OR WHO HOLD EXPIRED PERMITS; AND
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AN
EFFECTIVE DATE,AND A SUNSET PROVISION.
BACKGROUND/HISTORY
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify name of lobbyist(s)and principal(s): N/A
ANALYSIS
The proposed ,Ordinance was approved on first reading at the February 21, 2024 City
Commission meeting. No changes have been made between first and second reading.
The Business Impact Estimate (BIE)was published on March 1, 2024.
See BIE at: https:Nwww.miamibeachfl.govlcity-halllcity-clerk/meeting-notices/
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Applicable Area
Citywide
Page 399 of 1070
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
Office of the City Attorney
Sponsor
Commissioner Alex Fernandez and Co-sponsored by Commissioners David Suarez and
Joseph Magazine
ATTACHMENTS:
Description
o Commission Memorandum
o Ordinance
Page 400 of 1070
•
Rafael A.Paz.City Attorney
City of Miami Beach, 1700 Convention Center Drive.Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
Alina T. Hudak, City Manager
FIRST READING
FROM: Rafael A. Paz, City Attorney
DATE: December 13, 2023
SUBJECT: 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 "2017-2022 BUILDING
PERMIT REPRIEVE PROGRAM," TO EXTEND THE DURATION OF THE
BUILDING 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,OR WHO HOLD EXPIRED PERMITS;AND PROVIDING
FOR REPEALER, CODIFICATION, SEVERABILITY,AN EFFECTIVE DATE,
AND A SUNSET PROVISION.
The proposed Ordinance was prepared at the request of the sponsor, Commissioner Alex J.
Fernandez.
The performance of work without a permit is a recurring issue in the City. When it comes to
dealing with unpermitted work, the City's primary interest is 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. However, in many cases, cost is a concern to
many persons who either have expired permits (without a final inspection or permit close-
out), or who never applied for a permit in the first place.
On May 1, 2017, in response to the foregoing concerns, the City enacted Ordinance No.
2017-4088, which created a one-year reprieve period for property owners and tenants to
come into compliance with the Florida Building Code, from May 1, 2017 through April 30,
2018. Subsequent ordinances have extended the reprieve period through December 31,
2023.
The proposed ordinance would extend the reprieve period through December 31, 2026.
RAP/FA/ag
Page 401 of 1070