BIE - Extend Building Permit Reprieve Program (03/01/2024)M IA M I BEACH
City of Miami Beach, 1700 Convention Center Drive, M iami Beach, Florida 33139, www .miam ibeachfl.gov
T O : Mayor Steven Meiner and Mem bers of the City Commission
F R O M : Alina T. Hudak, City Manager ~ ~ IV
M E E T IN G D A T E : March 13, 2024
S U B J E C T : B U S IN E S S IM P A C T E S T IM A T E FO R :
A N O R D IN A N C E O F THE M A Y O R A N D C IT Y C O M M IS S IO N O F THE CIT Y O F M IA M I B EA C H,
F L O R ID A , A M E N D IN G C H A PT E R 14 O F THE C O D E O F THE C IT Y O F M IA M I B EA CH,
E N T IT L E D "B U IL D IN G R EG U LA T IO N S ," B Y A M E N D IN G A RT IC L E II, EN TIT LED
"C O N S T R U C T IO N S TA N D A R D S ," B Y A M E N D IN G D IV IS IO N IV T H E R EO F , ENTI TLE D "2017-
2 0 2 2 B U IL D IN G P E R M IT R E P R IE V E P R O G RA M ," TO EX T E N D T H E D U RA TIO N O F THE
B U IL D IN G PE R M IT R E P R IE V E P R O G RA M FO R O W N E R S O F SIN G LE FA M IL Y
R E S ID E N T IA L , M U L T I-FA M IL Y R E S ID E N T IA L, M IX E D -U S E O R CO M M ER C IA L
P R O P E R T IE S W H O H A V E FA IL E D TO O B TA IN A B U IL D IN G PE R M IT , O R W HO H O LD
EX P IR E D P E R M IT S ; A N D P R O V ID IN G FO R R E P E A L E R , CO D IF IC A T IO N , SEV E RA BILI TY ,
A N E F F E C T IV E D A T E , A N D A S U N S E T PR O V IS IO N .
Is a Business Impact Estimate Required?
0 Yes □No (If no, plea se check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;
□The proposed Ordinance relates to the issuance or refinancing of debt;
□The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
□The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
□The proposed Ordinance is an emergency ordinance;
□The Ordinance relates to procurement; or
□The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553. 73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
B u s in e s s Impact Estimate
Page2
If none of the above exceptions apply, this Business Im pact Estim ate is hereby pro vided
in accordance w ith Section 166.041 ( 4 ), Florida Statutes.
1. A sum m ary of the pro posed O rdinance and its purpose is m ore fully set fo rth in the
Com m ission M em orandum accom panying the O rdinance, as w ell as in the recitals to the
O rdinance itself, w hich are attached hereto.
2. The City of M iam i Beach estim ates that the pro posed O rdinance w ill have no direct
econom ic im pact on private, fo r-pro fit businesses in the City of M iam i Beach, that the
pro posed O rdinance w ill have no direct com pliance costs that businesses m ay
reasonably incur; that the pro posed Ordinance w ill not im pose any new charge or fee fo r
w hich businesses w ill be financially responsible, and that the pro posed O rdinance w ill not
im pact the City of M iam i Beach's regulatory costs and w ill not generate any revenue from
new charges or fees.
3. G ood faith estim ate of the num ber of businesses likely to be im pacted by the pro posed
O rdinance:
T he City of M iam i Beach estim ates that no businesses are likely to be im pacted by the
pro posed O rdinance.
14 . A dditional com m ents: None.
Ra fa e l A . Paz . C ity A tt o rn e y
City of Miami Beach, 17 OO Convention Center Drive, Miami Be a ch, Flor id0 33139, wwmiamibeachtl.go¥
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
Alina T. Hudak, City Manager
FROM: Rafael A. Paz, City Attorney ~
FIRST READING
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
Building Permit Reprieve Program
ORDINANCE NO. _
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 11, 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
W H E R E A S , 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
* i *
D IVIS IO N 4. 20 17 -2022 2026 BUILDING PER MIT R EPR IE VE PR O G R A M S ec. 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 D ec em b e r 3 1, 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 c e rt ifi c a t e o f c o m p le t io n o r o c c u p a n c y fo r a n y e x is t in g b u ild in g c o n s t r u c t e d w it h o u t
p r o p e r p e r m it s o r p e r m it s w h ic h e x p ir e d m a y b e o b t a in e d b y a p p ly in g to th e b u ild in g
o ffi c ia l a n d f u lfil lin g th e fo llo w in g c o n d it io n s :
(A ) T h e o w n e r s h a ll f u rn is h a s e t o f a s -b u ilt p la n s o f th e b u ild in g o r s tr u c tu r e ;
(B ) T h e o w n e r s h a ll f u rn is h a n a s -b u il t c e rt ifi c a t e is s u e d b y a F lo r id a -r e g is te r e d
e n g in e e r o r a r c h it e c t , in a fo r m th a t is s a t is f a c to ry to th e b u ild in g o ff ic ia l, w h ic h
c e rt ifi c a t e a tt e s t s th a t , to th e b e s t o f t h e k n o w le d g e , b e lie f a n d p ro f e s s io n a l
ju d g m e n t o f t h e e n g in e e r /a r c h it e c t , a n d b a s e d o n th e e n g in e e r /a r c h it e c t's
in s p e c t io n o f th e s t r u c tu r e , th e s t r u c t u r e :
(i ) Is s t r u c t u r a ll y s o u n d ; a n d
(ii) S a t is fi e s th e r e q u ir e m e n t s o f t h e a p p lic a b le c o d e in e ff e c t a t th e tim e th e w o r k
w a s c o m m e n c e d , in d ic a t in g t h e d a t e th e w o r k o n th e s tr u c tu r e w a s
c o m m e n c e d fr o m th e b e s t a v a ila b le re c o r d s , a n d th e re q u ir e m e n t s o f th e
a p p lic a b le c o d e in e ff e c t o n th a t d a t e ; a n d
(ii i) C o m p li e s w it h a ll re q u ir e m e n t s o f th e c u r r e n t e d it io n o f th e a p p lic a b le c o d e
id e n t ifi e d in s u b s e c t io n s (a )(2 )(C ) a n d (D ); a n d
(iv ) C o m p li e s w it h th e p e r m it a p p lic a t io n a n d p la n s a p p r o v e d b y th e b u ild in g
o ff ic ia l, if a p p lic a b le .
(C ) T h e o w n e r s h a ll c o m p ly w it h th e fo ll o w in g lif e s a f e t y re q u ir e m e n t s o f th e c u r r e n t
e d it io n o f th e F lo r id a B u il d in g C o d e :
(i ) M e an s o f e g r e s s o r e s c a p e s ;
(ii) R e q u ir e m e n t o f s h u tt e r s ;
(iii) R e s id e n t ia l s in g le s t a t io n s m o k e d e t e c t o r s in s t a ll e d in a c c o r d a n c e w ith N F P A;
(iv ) R e q u ir e m e n t fo r g r o u n d f a u lt in t e r r u p t e r s ;
(v ) R e q u ir e m e n t f o r f u ll s iz e p r e s s u r e a n d te m p e ra t u r e re lie f v a lv e d lin e s o n a ll
w a t e r h e a t e r s ;
(v i) H a n d ic a p p e d a c c e s s re q u ir e m e n t s ;
(v ii) A ll g a s p ip in g s y s t e m s s h a ll b e b o n d e d t o th e g r o u n d ;
(v iii ) H a n d r a ils s h a ll b e in s p e c te d a n d re p la c e d , if n e c e s s a r y , in f u ll c o m p lia n c e
w it h r e q u ir e m e n t s o f th e m o s t re c e n t v e r s io n o f th e b u ild in g c o d e .
(D ) Th e o w n e r s h a ll c o m p ly w it h t h e c u r r e n t e d it io n o f th e A m e r ic a n s w it h D is a b il itie s
A c t a n d th e F lo r id a F ir e P r e v e n t io n C o d e .
(3 ) T h e a s -b u ilt c e rt ifi c a t e s p e c ifi e d in s u b s e c t io n (a )(2 )(B ) s h a ll c o n t a in a n a rr a tiv e
d e s c r ip t io n o f th e m e t h o d o lo g y u t iliz e d to m a k e th e d e t e r m in a t io n s e t fo rt h in th e a s -
b u il t c e rt ifi c a t e . In is s u in g th e c e rt ifi c a t e o f c o m p le t io n o r o c c u p a n c y , th e b u ild in g o ff ic ia l
s h a ll b e e n t it le d to re ly o n th e a c c u r a c y o f t h e a s -b u il t c e rt ifi c a t e .
(4 ) P r io r to is s u in g th e c e rt ifi c a t e o f c o m p le t io n o r o c c u p a n c y , th e b u il d in g o ffi c ia l s h a ll
c o n d u c t a n in s p e c t io n to d e t e r m in e , t o th e b e s t o f t h e b u il d in g o ff ic ia l's a b il ity g iv e n th e
n a t u r e o f t h e c o n s t r u c t io n :
(A ) T h a t th e p la n s s u b m it te d r e fl e c t th e p r e s e n t s t a t e o f t h e s t r u c tu r e ;
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(B ) T h a t t h e c o n s t r u c t io n c o m p li e s w it h th e e d it io n o f t h e F lo r id a B u ild in g C o d e in e ff e c t
a t th e tim e th e w o r k w a s c o m m e n c e d ;
(C ) T h a t th e s t r u c t u r e c o m p lie s w it h a ll r e q u ir e m e n t s o f th e F lo r id a B u ild in g C o d e
id e n t ifi e d in s u b s e c t io n (a )(2 )(C ) a n d (D ); a n d
(D ) T h a t th e a s -b u il t c e rt ifi c a t e a c c u r a t e ly re p r e s e n t s th e c o n d it io n s o f th e s tr u c tu r e .
(5 ) A u t h o r it y o f th e b u ild in g o ffi c ia l to e n fo r c e t h e F lo r id a B u il d in g C o d e . N o tw it h s t a n d in g
t h e p ro v is io n s o f t h is s e c t io n , th e b u ild in g o ff ic ia l m a y a t a ll tim e s c o n t in u e e n fo r c e m e n t
o f t h e a p p lic a b le c o d e th r o u g h a n y a u t h o r iz e d m e a n s in c lu d in g is s u a n c e o f a n o tic e o f
v io la t io n , r e c o r d in g o f th e s a m e , a n d /o r c o m m e n c e m e n t a n d p ro s e c u t io n o f a c a s e
b e fo r e t h e u n s a f e s t r u c t u r e s b o a r d . T h is s e c tio n s h a ll n o t b e c o n s tr u e d to c o n f lic t w it h
o r s u p e r s e d e , n o r s h a ll it s e rv e a s a d e f e n s e to , a n y e n fo r c e m e n t a c tio n b ro u g h t b y th e
b u ild in g o ff ic ia l b a s e d o n t h e c u r r e n t r e q u ir e m e n t s o f t h e a p p li c a b le c o d e .
(6 ) T h e b u il d in g o ff ic ia l s h a ll c r e a t e a re p r ie v e a p p lic a t io n fo r m a n d s h a ll p ro m u lg a t e a
p r o c e d u r e fo r a n a p p lic a n t to s e e k re p r ie v e p u r s u a n t to t h is d iv is io n .
(b ) G u id e li n e s f o r r e n e w a l o f e x p ir e d r o o f p e r m it s w it h o u t a fi n a l in s p e c tio n . R o o fi n g p e r m it s
is s u e d p r io r to D e c e m b e r 3 1 , 2 0 2 2 Decem ber 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 day of2023.
ATTEST:
Steven Meiner, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Alex J. Fernandez)
APPROVED AS TO
FORM & LAN GUAGE
& FOR EX ECUT ION
City Attomey ,
\\>-
n-21-23
Date
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