2017-4088 OrdinanceBuilding Permit Reprieve Program
ORDINANCE NO. 2017 -4088
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 CREATE DIVISION 3, ENTITLED "BUILDING PERMIT
REPRIEVE PROGRAM "; CREATING SECTIONS 14 -85 THROUGH 14 -87, TO
PROVIDE FOR A ONE -YEAR 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, as a result of the foregoing, the City desires to provide 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 creation of Division 4, sections 14 -85 through 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," creating Division IV, entitled "Building Permit Reprieve Program," is
hereby amended as follows:
Secs. 14 85 14 105. Re&erved,
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 one -year building permit reprieve (amnesty) program from May 1,
2017 through April 30, 2018, 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 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.
Sec. 14 -87. - Guidelines and Requirements of the Amnesty Program.
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, 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:
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:
fl Means of egress or escapes;
ii Requirement of shutters;
(iii) Residential single station smoke detectors installed in accordance with
N F PA;
(iv) Requirement for ground fault interrupters;
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:
That the plans submitted reflect the present state of the structure;
That the construction complies with the edition of the Florida Building Code in
effect at the time the work was commenced;
LCj That the structure complies with all requirements of the Florida Building Code
identified in subsection (a)(2)(C) and (D); and
En 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.
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, under the jurisdiction of the Florida Building Code, shall comply
with the following guidelines:
LAI 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.
a The as -built letter shall state the approximate date of the roof installation.
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.
(I An application for the renewal of the roof permit must be submitted by a licensed
roof contractor.
LEI 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.
LEI 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 May 1, 2018, 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, 2018.
PASSED and ADOPTED this 076 day of Qipr^ /./ , 2
ATTEST:
Philip Le
bs
Rafae E. Granado
City Clerk
(Sponsored by Commissioner Mick
First Reading:
Second Readin
Verified by:
arch, 1, 2017
April 26,417
Mariano ernan• ez,
Building Official
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
st._ ? '1
City Attorney
T:\AGENDA \2017 \3 - March \Building \Building Permit Reprieve Program.docx
l
Date
tAIAM
BEACH
Ordinances - R5 H
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Mariano Fernandez, Building Official
DATE: April 26, 2017
10:35 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 11,
"CONSTRUCTION STANDARDS," TO CREATE DIVISION 3, ENTITLED
"BUILDING PERMIT REPRIEVE PROGRAM "; CREATING SECTIONS 14 -85
THROUGH 14 -87, TO PROVIDE FOR A ONE -YEAR 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.
RECOMMENDATION
Pursuant to the request of Commissioner Micky Steinberg, the attached Ordinance and Memo is
submitted for consideration by the Mayor and City Commission at the March 1, 2017 Commission
Meeting.
Legislative Tracking
Office of the City Attorney / Building
Sponsor
Commissioner Micky Steinberg
ATTACHMENTS:
Description
a Building Permit Reprieve Program.
Ordinance
Page 812 of 1596
MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO:
FROM: Mariano Fernandez, Building Offic l
DATE: March 1, 2017
Mayor Philip Levine and Members of the City Commission
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 11, "CONSTRUCTION
STANDARDS," TO CREATE DIVISION 3, ENTITLED "BUILDING PERMIT
REPRIEVE PROGRAM "; CREATING SECTIONS 14 -85 THROUGH 14 -87, TO
PROVIDE FOR A ONE -YEAR 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. As a result of the foregoing, the
City desires to provide 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 creation of
Division 4, sections 14 -85 through 14 -87, of the Code, are necessary to accomplish all of the above
objectives.
Analysis:
The City desires to create a one -year building permit reprieve (amnesty) program from May 1, 2017
through April 30, 2018. 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 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 and
development regulations.
Pursuant to section 14 -86, a property owner who has applied for amnesty pursuant to this division
Page 813 of 1596
Page 2
Building Permit Reprieve Ordinance
will be assessed only those fees (In effect at the time of the D 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 P[oQrac0. (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 repalr, that was constructed without proper permits in
which the work performed commenced prior to May 1, 2017; or any building or structure constructed
pursuant to permits obtained under the Florida Building Code, or (2) buildings built without par[n|to,
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 wlth the following oonditions:
(A) The owner shall furnish a set of as-built plans of the bullding ar structure;
(B) The owner shall furnish an as-buflt certificate issued by or
architect, in a form that is satisfaotory to the building officim|, which certificate attests that, to
the best of the knovvadQm, belief and professional judgment of fhe engineer/architect, and
based on the engineer/architect's inspection of the structure, the structure:
0> is structurally sound; and
00 satisfies the requirements of the applioable oode 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
U0 complies with all requirements of the current edition of the applicable code
identified |M subsection (a)(2)/O\ and /CA|and
(iv) complies with the permit application and plans approved by the building
official, if applicable.
The owner shaLl oomply with the foliowing life safety requirements ofthoournentedition of �e
the Florida Building Code: ~_
(1) Means of egress ar escapes;
(0 Requirement of shutters;
(iii) Residential single station amoke detectors installed in accordance with NFPA;
(iv) Requirement for ground fault interrupters;
(v) Requirement for fuJi size pressure and temperature relief valved lines on all
water heaters;
'
(vi) Handicapped access requirements;
*o mo committed to providing excellent public service end solely to all who m* work, and-pleym our vibrant, xnwx4 historic community,
Page 814 of 1596
Page 3
Building Permit Reprieve Ordinance
(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:
Approve on first reading and schedule second reading, public hearing.
We are coma /tied 10 providing excellent pub //c service end safely 0 all who live, work, and play in our vibrant, trop /cal, historic community,
Page 815 of 1596