HomeMy WebLinkAboutO-14279City of Miami
Ordinance 14279
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15659 Final Action Date: 5/9/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE I/SECTION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, TITLED "BUILDINGS/IN GENERAL," TO CREATE DIVISION 1
TITLED "BUILDING CODE", ADDING THE FLORIDA BUILDING CODE AND
CERTAIN AMENDMENTS THERETO AND CREATING DIVISION 2, TITLED
"BUILDING ADMINISTRATION, FEES, WAIVERS, CONTRACTOR AND
EMERGENCY REQUIREMENTS," AND RENUMBERING CURRENT
SECTIONS 10-1 THROUGH 10-9 TO SECTIONS 10-10 THROUGH 10-20;
REPLACING ARTICLE IX, TITLED "FENCE REQUIREMENTS FOR MIAMI CITY
COMMISSION DISTRICT 5," AS THAT ARTICLE HAS SUNSETTED WITH A
NEW ARTICLE IX TITLED, "CONTRACTOR CODE OF ETHICS; EMERGENCY
PLANS FOR CERTAIN BUILDINGS; CERTAIN PERMIT REQUIREMENTS,
ENVIRONMENTAL VIOLATIONS; SECURING OF SITES IN EMERGENCIES",
FOR THOSE SECTIONS THAT HAVE TO BE RENUMBERED DUE TO THE
ADDITION OF NEW DIVISION 1 OF THIS CHAPTER; AND REMOVING
ARTICLE XIII, TITLED "FENCE REQUIREMENTS FOR MIAMI CITY
COMMISSION DISTRICT 4", AS THAT ARTICLE HAS SUNSETTED;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
SPONSOR(S): Commissioner Miguel Angel Gabela, Commissioner Christine King
WHEREAS, the City of Miami ("City") Building Department has spent over one (1) year
reviewing the current Chapter 1 of the Florida Building Code ("FBC"); and
WHEREAS, many Counties and Municipalities have incorporated by reference Chapter
1 of the FBC into their own code of laws; and
WHEREAS, the City's Building Department and its Director, who is a member of the
Florida Building Commission, believe it is important for the City to add Chapter 1 of the FBC into
the Code of the City of Miami, Florida, as amended ("City Code"); and
WHEREAS, because Florida Statutes allow local governments to add non -technical
amendments to Chapter 1, the City wishes to add Chapter 1 into the City Code as a part of
Chapter 10 rather than just incorporate it by reference; and
WHEREAS, this amendment will allow the City to incorporate changes to Chapter 1 that
are relevant and needed by the City to effectively enforce the State and Local codes as well as
to ensure better compliance by local professionals; and
WHEREAS, this amendment will cause a renumbering of other Sections of Chapter 10
as included in the legislation; and
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WHEREAS, such an amendment to the City Code is in the best interest of the City and
its residents and businesses;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 10 of the City Code, titled "Building Code," is hereby amended in the
follow particulars:1
"CHAPTER 10
BUILDINGS
ARTICLE 1. IN GENERAL
DIVISION 1. BUILDING CODE
The "South Florida Building Code" and the "South Florida Building Code, Dade County
edition", will remain in effect, and enforced in the city, for all plans submitted and pending prior
to the date the Florida Building Code was implemented. All plans submitted after the Florida
Building Code was implemented shall be governed by the "Florida Building Code, as
amended" and Chapter 8 of the Code of Ordinances of Miami -Dade County, Florida, as
amended (hereinafter referred to as "Chapter 8 of the County Code"). Following
implementation of the "Florida Building Code," the "Florida Building Code, as amended" and
"Chapter 8 of the County Code" shall be enforced in the city. A copy of this Building Code is
on file in the City Clerk's office.
Any and all liens referenced or imposed based on the foregoing provision or Chapter 8 of the
County Code shall be treated as special assessment liens against the subject real property,
and until fully paid and discharged, shall remain liens equal in rank and dignity with the lien of
ad valorem taxes, and shall be superior in rank and dignity to all other liens, encumbrances,
titles and claims in, to or against the real property involved. Interest at the rate of 8% per
annum shall accrue to such delinquent accounts. Such liens shall be enforced by any of the
methods provided in Chapter 86, Florida Statutes, in the alternative, foreclosure proceedings
may be instituted and prosecuted under the provisions applicable to practice, pleading and
procedure for the foreclosure of mortgages on real estate set forth in state statutes, or may be
foreclosed pursuant to Chapters 170 and 173, Florida Statutes, or the collection and
enforcement of payment thereof may be accomplished by any other method authorized by
law. The property owner shall pay all costs of collection, including reasonable attorney fees,
incurred in the collection of fees, service charges, penalties and liens imposed by virtue of this
Section.
1 Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
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This Division, as adopted, shall be construed as amended for purposes of application and
incorporation by reference of to the Florida Building Code, as amended. All references to
administrative codes shall be presumed to be as amended.
Sec. 10-1. Posting advertising matter on buildings Scope and Application.
It shall be unlawful to post advertising matter on any unoccupied building or on any temporary
structure in this city. This Section shall not apply to any owner or to any person acting under
authority of the owner of such building. The provisions of this Code Division shall apply to the
construction, alteration, relocation, enlargement, replacement, repair, equipment, use and
occupancy, location, maintenance, removal and demolition of every building or structure or any
appurtenances connected or attached to such buildings or structures.
Exceptions: Detached one -and two-family dwellings and multiple single-family dwellings
(townhouses) not more than three stories above grade plane in height with a separate
means of egress, and their accessory structures not more than three stories above
grade plane in height, shall comply with the Florida Building Code, Residential. Code
requirements that address snow loads and earthquake shall not be utilized or enforced.
a. Provisions in the appendices shall not apply unless specifically adopted. Florida
Building Code, Residential Construction standards or practices which are not covered
by Florida Building Code, Residential volume shall be in accordance with the provisions
of Florida Building Code, Building.
b. Intent. The purpose of this Code is to establish the minimum requirements to provide a
reasonable level of safety, public health and general welfare through structural strength,
means of egress facilities, stability, sanitation, adequate light and ventilation, energy
conservation, and safety to life and property from fire and other hazards attributed to the
built environment and to provide a reasonable level of safety to fire fighters and
emergency responders during emergency operations.
c. Quality Control. Quality control of materials and workmanship is not within the purview
of this Code except as it relates to the purposes stated herein.
d. Warranty and Liability. The Permitting, plan review or inspection of any building, system
or plan by this jurisdiction, under the requirements of this Code, shall not be construed
in any court as a warranty of the physical condition of such building, system or plan or
their adequacy. This jurisdiction shall not be liable in tort for damages or hazardous or
illegal condition or inadequacy in such building, system or plan, nor for any failure of any
Component of such, which may occur subsequent to such inspection or Permitting.
e. Referenced Codes. The other Codes listed in this Section and referenced elsewhere in
this Code shall be considered part and parcel of the requirements of this Code to the
prescribed extent of each such reference.
f. Gas. The provisions of the Florida Building Code, Fuel Gas shall apply to the installation
of gas piping from the point of delivery, gas appliances and related accessories as
covered in this Code. These requirements apply to gas piping systems extending from
the point of delivery to the inlet connections of appliances and the installation and
operation of residential and commercial gas appliances and related accessories.
g_ Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the
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installation, alterations, repairs and replacement of mechanical systems, including
equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating,
heating, cooling, air-conditioning and refrigeration systems, incinerators and other
energy related systems.
h. Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the
installation, alteration, repair and replacement of plumbing systems, including
equipment, appliances, fixtures, fittings and appurtenances, and where connected to a
water or sewage system and all aspects of a medical gas system.
i. Property maintenance: Reserved
L Fire prevention. For provisions related to fire prevention, refer to the Florida Fire
Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting or
relating to structures, processes and premises from the hazard of fire and explosion
arising from the storage, handling or use of structures, materials or devices; from
conditions hazardous to life, property or public welfare in the occupancy of structures or
premises; and from the construction, extension, repair, alteration or removal of fire
suppression, automatic sprinkler systems and alarm systems or fire hazards in the
structure or on the premises from occupancy or operation.
k. Energy. The provisions of the Florida Building Code, Energy Conservation shall apply to
all matters governing the design and construction of buildings for energy efficiency.
I. Existing Buildings. The provisions of the Florida Building Code, Existing Building shall
apply to matters governing the repair, alteration, change of occupancy, addition to and
relocation of existing buildings.
m. Accessibility. For provisions related to accessibility, refer to the Florida Building Code,
Accessibility.
n. Manufactured buildings. For additional administrative and special Code requirements,
see Section 458, Florida Building Code, Building, and Rule 61-41 F.A.C.
o. Construction Safety Standards. OSHA standards, as amended, are herein incorporated
by reference. The Building Official may issue a Stop -Work Order or deny the issuance
of a Certificate of Completion or Temporary Certificate of Completion upon the
discovery of any violations of Occupational Safety and Health Administration standards
or Chapter 33, Florida Building Code.
Sec. 10-2. Reports of a-ngerol Is b Iildings by Firefighters and police officers Applicability in
General.
The employees of the department of fire rescue and police department shall make a report, in
writing, to the director of the planning, building and zoning department of all buildings or
structures which are, may be or are suspected to be dangerous buildings. Such reports shall
be delivered to the planning, building and zoning department within 24 hours of the discovery
of such building by such employee.
Where there is a conflict between a general requirement and a specific requirement, the
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specific requirement shall be applicable. Where, in any specific case, different Sections of this
Code specify different materials, methods of construction or other requirements, the most
restrictive shall govern.
a. The Florida Building Code does not apply to, and no Code Enforcement action shall be
brought with respect to, zoning requirements, land use requirements and owner
specifications or programmatic requirements which do not pertain to and govern the
design, construction, erection, alteration, modification, repair or demolition of public or
private buildings, structures or facilities or to programmatic requirements that do not
pertain to enforcement of the Florida Building Code. Additionally, this Division may not
administer or enforce the Florida Building Code, Building to prevent the citing of any
publicly owned facility, including, but not limited to, correctional facilities, juvenile justice
facilities, or state universities, community colleges, or public education facilities, as
provided by law.
b. Building. The provisions of the Florida Building Code shall apply to the construction,
erection, alteration, modification, repair, equipment, use and occupancy, location,
maintenance, removal and demolition of every public and private building, structure or
facility or floating residential structure, or any appurtenances connected or attached to
such buildings, structures or facilities. Additions, alterations, repairs and changes of use
or occupancy group in all buildings and structures shall comply with the provisions
provided in the Florida Building Code, Existing Building. The following buildings,
structures and facilities are exempt from the Florida Building Code as provided by law,
and any further exemptions shall be as determined by the legislature and provided by
law:
1. Building and structures specifically regulated and preempted by the federal
government.
2. Railroads and ancillary facilities associated with the railroad.
3. Nonresidential farm buildings on farms.
4. Temporary buildings or sheds used exclusively for construction purposes.
5. Mobile or modular structures used as temporary offices, except that the
provisions of Part II (Sections 553.501-553.513, Florida Statutes) relating to
accessibility by persons with disabilities shall apply to such mobile or modular
structures. Permits shall be required for structural support and tie -down, electric
supply and all other such utility connections to such mobile or modular structures
as required by this jurisdiction.
6. Those structures or facilities of electric utilities, as defined in Section 366.02,
Florida Statutes, which are directly involved in the generation, transmission, or
distribution of electricity.
7. Temporary sets, assemblies, or structures used in commercial motion picture or
television production, or any sound -recording equipment used in such
production, on or off the premises.
8. Chickees constructed by the Miccosukee Tribe of Indians of Florida or the
Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means
an open -sided wooden hut that has a thatched roof of palm or palmetto or other
traditional materials, and that does not incorporate any electrical, plumbing, or
other non -wood features.
9. Family mausoleums not exceeding 250 square feet (23 m2) in area which are
prefabricated and assembled on site or preassembled and delivered on site and
have walls, roofs, and a floor constructed of granite, marble, or reinforced
concrete.
10. Temporary housing provided by the Department of Corrections to any prisoner in
the state correctional system.
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11. A building or structure having less than 1,000 square feet (93 m2) which is
constructed and owned by a natural person for hunting and which is repaired or
reconstructed to the same dimension and condition as existed on January 1,
2011, if the building or structure:
A. Is not rented or leased or used as a principal residence;
B. Is not located within the 100-year flood plain according to the Federal
Emergency Management Agency's current Flood Insurance Rate Map;
C. Is not connected to an off -site electric power or water supply; and
D. A drone port as defined in Section 330.41(2), Florida Statutes.
c. In addition to the requirements of Sections 553.79 and 553.80, Florida Statutes,
facilities subject to the provisions of Chapter 395, Florida Statutes, and Part II of
Chapter 400, Florida Statutes, shall have facility plans reviewed and construction
surveyed by the state agency authorized to do so under the requirements of Chapter
395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, and the certification
requirements of the federal government.
d. Residential buildings or structures moved into or within a County or Municipality shall
not be required to be brought into compliance with the state minimum building Code in
force at the time the building or structure is moved, provided:
1. The building or structure is structurally sound and in occupiable condition for its
intended use;
2. The occupancy use classification for the building or structure is not changed as a
result of the move
3. The building is not substantially remodeled;
4. Current Fire Code requirements for ingress and egress are met;
5. Electrical, gas and plumbing systems meet the codes in force at the time of
construction and are operational and safe for reconnection; and
6. Foundation plans are sealed by a professional engineer or architect licensed to
practice in this state, if required by the Florida Building Code, Building for all
residential buildings or structures of the same occupancy class.
e. The Building Official shall apply the same standard to a moved residential building or
structure as that applied to the remodeling of any comparable residential building or
structure to determine whether the moved structure is substantially remodeled. The cost
of the foundation on which the moved building or structure is placed shall not be
included in the cost of remodeling for purposes of determining whether a moved
building or structure has been substantially remodeled.
f. This Section does not apply to the jurisdiction and authority of the Department of
Agriculture and Consumer Services to inspect amusement rides or the Department of
Financial Services to inspect state-owned buildings and boilers. See Section 102.2.2,
Florida Building Code.
1. This Section does not apply to swings and other playground equipment
accessory to a one- or two-family dwelling except for electrical service to such
playground equipment shall be in accordance with Chapter 27, Florida Building
Code. Application of references. References to Chapter or Section numbers, or
to provisions not specifically identified by number, shall be construed to refer to
such Chapter, Section or provision of this Code.
2. Referenced Codes and standards. The Codes and standards referenced in this
Code shall be considered part of the requirements of this Code to the
prescribed extent of each such reference and as further regulated in Sections
102.4.1 and 102.4.2, Florida Building Code.
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3. Conflicts. Where conflicts occur between provisions of this Division and
referenced standards, the provisions of the Florida Building Code or other
National and State Codes shall apply.
g_ Existing structures. The legal occupancy of any structure existing on the date of
adoption of this Division shall be permitted to continue without change, except as
otherwise specifically provided in this Division, the Florida Building Code, Existing
Building, or the Florida Fire Prevention Code.
1. Buildings not previously occupied. A building or portion of a building that has
not been previously occupied or used for its intended purpose in accordance
with the laws in existence at the time of its completion shall comply with the
provisions of the Florida Building Code, Building or Florida Building Code,
Residential, as applicable, for new construction or with any current Permit for
such occupancy.
2. Buildings previously occupied. The legal occupancy of any building existing on
the date of adoption of this Division shall be permitted to continue without
change, except as otherwise specifically provided in this Division, the Florida
Fire Prevention Code, or as is deemed necessary by the Building Official for
the general safety and welfare of the occupants and the public.
h. Relocation of manufactured buildings. Relocation of an existing manufactured building
does not constitute an alteration.
1. A relocated building shall comply with wind speed requirements of the new
location, using the appropriate wind speed map. If the existing building was
manufactured in compliance with the Standard Building Code (prior to March
1, 2002), the wind speed map of the Standard Building Code shall be
applicable. If the existing building was manufactured in compliance with the
Florida Building Code (after March 1, 2002), the wind speed map of the Florida
Building Code shall be applicable.
2. A relocated building shall comply with the flood hazard area requirements of
the new location, if applicable.
i_ Existing mechanical equipment. This Division may not require that existing mechanical
equipment located on or above the surface of a roof be installed in compliance with the
requirements of the Florida Building Code except during reroofing when the equipment
is being replaced or moved and is not in compliance with the provisions of the Florida
Building Code relating to roof -mounted mechanical units.
Sec. 10 3. Building Code Administration and Enforcement.
{a)
The "South Florida Building Code" and the "South Florida Building Code, Dade County
cdition", will rcmain in cffcct, and cnforccd in the city, for all plans submitted and
pending prior to the date the Florida Building Code was implemented. All plans
submitted after the Florida Building Code was implemented shall be governed by the
Miami Dade Coi nty Florida as amended /hereinafter referrer! to as "Chapter Q of Oho
County Code"). Following implementation of the "Florida Building Code," the "Florida
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B iilding Code as-amrended" and "Chapter 8 of t l-e Coi inty Code" shall be enforced in
cr —arm—vrraF �-vr �varrc��vcr��nurru�cn�-vrcca�rr
the city. A copy of this building code is on file in the city clerk's office.
(b) Any and all liens referenced or imposed based on the foregoing provision or chapter
8 of the County Code shall be treated as special assessment liens against the subject
Such liens shall be enforced by any of the methods provided in F.S. ch. 86 or, in the
altcrnativc, forcclosurc proceedings may be instituted and -prosecuted under the
provisions applicable to practice, pleading and procedure for the foreclosure of
mortgages on real estate set forth in state statutes, or may be foreclosed pursuant to
F.S. ch. 173, or the collection and enforcement of payment thereof may be
accomplishcd by any othcr method authorized by law. The property owner shall pay all
costs of collection, including reasonable attorney fees, incurred in the collection of
fees, service charges, penalties and liens imposed by virtue of this section.
a. For the purposes of this Division, the Building Department shall be comprised of the
Director of Building, Building Official, Deputies and all other employees who have the
authority to enforce the Florida Building Code.
b. The City of Miami Department charged with the enforcement of this Division and Code is
the City of Miami Building Department. The official in charge of Building Code
enforcement is the Building Official.
c. Appointment. The Building Official shall be appointed by the City Manager or Designee.
Section 10-4. Building permit fee schedule Duties of the Building Official.
{a) Definitions.
Affordable housing development is owner occupied and/or rental housing with a purchase
the applicable standards for those individuals whose income is between 30 percent to 80
percent of the area median income as published annually by the United States Department of
Housing and Urban Development ("HUD").
amcnded.
Dry run is defined as the process of plans signed and sealed by the design team submitted for
building permit but with a building permit application without having a contractor.
Income restricted units is a project whose development or refurbishment has resulted and
benefited, in whole or in part, from any of the city's programs for low income, affordable, or
workforce housing and are accordingly restricted by the requisite covenant(s).
Master permit is a building permit obtained for the complete work on any project.
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Private provider means a person who can provide alternate plans review under F.S. § 553.791
and is Iicenced ac an engineer under � c ch .I71 or as an architect under F.S. ch. '181 �s ai is iv iicci iacaw�i i ci i9ii icci ai Iasi i .c. ci i. r i -ra
amended.
category without the need for a master permit
master permit associated with it to be pulled prior to issuance.
Up front fee is the fee associated and charged at the time of submittal of a set of plans and
building permit application.
Workforce housing development is owner occupied and/or rental housing with a purchase
the applicable standard ese individuals-wh-ese income is between 80 percent to 1/10
percent of the area median income ac p blished anni sally by NI Irl
(b) General fee information.
{1) Building, plumbing, mechanical and electrical permit fees.
a Residential (i p to three dwelling i snits): For ell residential properties any
trade or master building permit will be charged 0.50 of the estimated
additions and 0 50 of the estimated constr action cost for ell remodeling
permits. Notwithstanding the foregoing, the building permit fee for
residential improvements where the amount of estimated construction is
less than $2,500.00 shall be fixed at $'15.00.
b. Commercial and multifamily mastcr permit, tradc permit and stand alone
permit fee: For a building whose estimated construction cost is equal to
or le-c than $30,000,000.00 is one percent of the cost of construction as
per the declared cost by the contractor. For projects were the
construction cost exceeds $30,000,000.00, the fee will be the same as
above up to $30,000,000.00, plus one half percent of the amount in
execs of the $30,000,000.00.
c. Minimum permit fee, applicable to any building permit, shop drawing, or
revision of any category regardle of construction cost or number of
pages: $110.00.
d. Phased permit fee: Any phased permit iscued in accordance with the
Florida Building Code (FBC 105.13) will be valid for six months from the
l-cuance date. No extensions will be issued to the phased permits by
the building official. These permits will be charged a $1,500.00 fee, plus
any othcr applicable surcharges as defined or required by the
surcharges section.
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e. Fee for work started without permits: When work is commenced prior to
obtaining a rag sired permit a foe of two times that specifier) in this
section, pplla $110 00 fee shall be pair) for homestead properties and
a fcc of four timcs that specified in this section, plus a $110.00 fee shall
be paid for non homestead/commercial properties. The payment of such
fees shall not relieve any person, firm, or corporation from fully
complying with all of the requirements of all applicable regulations and
codes, nor shall it relieve them from being subject to any of the penalties
therein. The fee requirement shall be applicable to all trade divisions of
the building department.
f. The building department will modify the permit fee calculation using the
Engineering News Record t Index (ENR BCI) published
ach January. A credit will be applied to the total -Gast of the building
permit fee using the ENR BCI should the ENR BCI increase.
(2) ' argue For all�p tsissu� the b iil eeppartment will collect the
`" �J. crr�.. urcm cn cwm--wrrcv �crn.
following surcharges for the State of Florida, Miami Dade County and other city
deparen#s:
a. State of Florida surcharges.
1. State of Florida Department of Business and Professional
Regulation (DBPR).
2. State of Florida Building Code Administrators and Inspectors
{BOA!).
Miami Dade County Code compliance surcharges.
c. City solid waste surcharge.
1. Residential. $0.22 per $100.00 of the estimated cost of
construction with a minimum fee of $26.00 and a maximum fee
of $600.00.
2. Commercial. Permits for all building a surcharge of two and one
half percent of the cost of construction with a minimum of $57.00
and a maximum of $10,500.00.
3. Exemptions. The following are exempt from this surcharge:
signs, landscaping, elevators, revisions, subsidiary permits,
roofing, awning, windows and doors, shed, flooring, driveways,
solar panel installations and any affordable housing permit that
the city director of community development exempts in writing
prior to the i-suance of the permit.
/1. Automatic deferral. The city manager, or his/her designee, shall
defer the surcharge for affordable housing developments and
workforce housing developments for as long as the development
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{3)
remains affordable or workforce housing. The permit applicant
shall provide the city the community redevelopment agency
cnsurcc that thc development conforms to the requirements of
an affordable housing development or workforce housing
development. Upon the project ceasing to be an affordable
hoi icing development or a workforce hoi icing development the
solid waste surcharges that wcrc dcferred shall become due and
payable to the city within 30 days.
d. City energy conservation surcharge.
1. This charge encompasses energy conservation plan review and
field inspections for such energy conservation.
2 For each sgi rare font of new condo ction or an addition $0 1 1
Miscellaneous permits and inspections fees.
a. Private providcr fee. When a property owner uses the services of a
licensed private company for plan review and inspections services (a
private provider under F.S. § 553.791), the fee will be assessed as a
regular building permit with a credit of one third of the original
building/trade permit fee line. If only the plan review or the inspections
arc donc by thc private providcr, thcn the fcc will be onc half of thc onc
third credit stipulated above.
b. Dry run% of -fees. At the time of issuance of the permit application
process number assigned by the building department, the projects will
be charged $2.80 per $1,000.00 of the estimated construction value.
Eighty percent of the total collected amount for this item, will be credited
towards the building permit fee line when issued. No credit will be
i rued if there is no issuance of a permit ri substantial design is
submitted, or the permit is not i-sued after 180 days of the last review.
Dry run and upfront fees are not refundable, however they will be fully
credited towards the cost of the building permit.
c. Joint plan reviews.
1. Each meeting with staff from building, zoning, planning, or
resilience rind p blic works $276 00 rimer each regi lector!
discipline for a maximum of two hours each.
2. If additional disciplines are required based on the scope of work,
additional charges for ach discipline will apply. This fcc docs
not apply to affordable housing projects qualified as such under
the City Code.
3. This shall only apply to commercial projects that are over 20,000
square feet in size.
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d. Revision of plans and re -works. Revision of plans (per discipline) and
reworks, after the second review, $56.00.
- ! r recertification. Rccertification of buildings are required
pursuant to the requirements of the Miami Dade County Board of Rules
and ppealc (BOR ) standing order and Miami_Dade County
Code Chapter 8. Recertification review for compliance with /10/50 year
recertification, $276.00 fee. Any extension request by the owner of a
property after receipt of a notification letter from the city that the
property must pro„o the„ re in compliance with-the'1^/F—r�50 ar
iv sic iiiavc ivvc c
recertification will be assessed a $500.00 for each additional thrcc
month extension, with a maximum of two possible extensions after the
original notification letter.
f. Pe t by affida iif and IegaI n of �. �strcructures. he permits
issued by affidavit and legalizations of structures built without permits
before the year 2002, will be charged a fee of $250.00, in addition to
any other appl e-enforcement fee, nd trade per t feeF-e-F
those structures built after 2002, they will be charged with a double
permit fee and fine where applicable using subsection 10 'l(b)(1) above.
g.
Annual facility permit fee. These permits will be issued with a two
percent fee based on the intended annual work schedule cost per
building or trade.
h. Commercial engineered or structural glazing and curtain walls. A
$150.00 fee for compliance with the recertification, every six months for
fee of $300.00 every five years after that date in accordance with the
Florida Building Code.
�. Certificate of occupancy (C. O.) and certificate of compliance (C.C.). In
accordance with the requirements of the Florida Building Code.
1. Residential (single family/duplex, triplex or multifamily
condominium): $105.00 per unit.
2. Commercial (including multifamily rentals): $0.10 per square feet
C.C.
3. Extensions of T.C.O. or T.C.C.: The T.C.O. or T.C.C. extension
can be requested through the building official or designee. Any
cxtcncions shall be charged as follows:
A. First request. May request an extension of up to 360 days
in 90 day it tc Tho c er cgi lore Foot shall
,,,-��,nc�e�e+���„�ce�t�
increase by $0.10 per 90 days for commercial properties
or $105.00 per 90 days for residential properties;
City of Miami Page 12 of 97 File ID: 15659 (Revision:) Printed on: 5/20/2024
File ID: 15659 Enactment Number: 14279
B. Second request. May request an extension of up to 360
days in 90 day-i-R-ereres. The cost per square foot shall
increase by $0.10 per 90 days for commercial properties
or $105.00 per 90 days for residential properties;
C. Third request. May request an extension of up to 360
days in 90 da i.ns a }e4s. The cost shall be charged at a
rate equal to 50 percent of the building/trade permit line.
D. Exemption. Income restricted units certified by the city
with a recorded covenant may be exempted from the
additional permit fee charged beyond the second time
pursuant is section by the city manager or designee
based upon a showing that all permits are currently active
and/or no prior permit and/or code violations have
occurred at the project site. The exemption shall only be
allowed for thc applicable income restricted units.
Should an exemption to the fee be granted, it may
be renewed for the extension times as provided
for in subsection 10 '1(3)(i).
II. The exemption from the additional fee charged
beyond the second time is retroactive to any
active permit for a qualifying income restricted
unit.
/1. For projects qualifying as a phased project as defined in section
55 1 of the City Code, the T.C.O. may be issued as follows:
A. T.C.O. may be irsued for an initial period of 365 days at
the original rate charged;
B. T.C.O. may be extended for an additional 365 days at the
same original rate charged;
C. T.C.O. may be extended a second time for an additional
'180 days at doi ble Oho original rate charged; and
D. T.C.O. may be extended a third and final time for an
additional 180 days at a rate equal to 50 percent of the
building/trade permit line.
Expired and inactive permit applications (NAC). For those expired
applications whcrc 180 days have passed from the original application
date, in accordance with the Florida Building Code (FBC105.13), the
building official may extend for periods not exceeding 90 days the
cxpiration datc, if rcqucstcd by thc applicant in writing, explaining the
need and circumstances for the extension. Every extension will be
charged $100.00 for residential single family, duplex/triplex and $500.00
for commercial and mi ltifamily applications For those inactive
City of Miami Page 13 of 97 File ID: 15659 (Revision:) Printed on: 5/20/2024
File ID: 15659 Enactment Number: 14279
applications (NAC), if authorized by the planning director, they will be
reactivated t-he s ste fter m-ent of a $1 500 00 fnr a non f
six additional months If a permit is not obtained and constr action starts
within this extension time, the process number will be voided and the
applicant will need to re _apply fnr a new application ni amber 4ll fees ere
non refundable if the process number is voided.
k. Expired/completion permits. Any building/trade permit may be extended
once by the building official if requested prior to the permit expiration
date If the bi iildin`r/trade permit is expired a completion permit will be
required.
1. Extension of permit: $100.00.
2. Completion of any type of permit: For the first $1,000.00 of value
of the remaining work, $32.00, plus any additional $1,000.00 or
fraction, $16.00.
Re inspection fees. Re inspection fees will be charged in instances
where- inspector is scheduled tovisit a site, and any of the incli ided
owner receives a rejection of an inspection because a notice of
commencement iested at the site and a copy is not provided to
the inspector; the wrong address was given to visit the site to inspect;
work was incomplete or not ready for inspection; the corrections given in
the previous inspections were not completed; the approved set of plans
or required certifications are not at the site; or no arrangement was
made to allow the inspector to `rain entry to the area of inspection a fee
of $57.00 will be assessed and no further inspections will be scheduled
until the re inspection fee is paid.
rn. Expedited plans review of green building permit applications. Green
buildings are defined as those with resource efficient design,
constri action and operation bpi employing environmentally sensible
construction practices, systems, and materials and dcfincd as
residential or commercial buildings that are registered Leadership in
Energy and Environmental Design ("LEED") projects, or any equivalent
Green rating system. LEED is defined as the most recent Leadership in
Energy and Environmental Design Rating System of the U.S. Green
Building Council. Expedited priority review of permit applications shall
be defined as those to be reviewed prior to non green building
applications, in thc order rcccived, within the building permit review
process n non refs indable deposit, dcscribcd in subsection 10
'1(b)(3)m.2.iv. below will be required.
1. Green buildings eligible for priority permitting will be:
�. For buildings in excess of 50,000 square feet, and that
cxcccd thc requirements of LEED Silvcr certification.
City of Miami Page 14 of 97 File ID: 15659 (Revision:) Printed on: 5/20/2024
File ID: 15659 Enactment Number: 14279
�i. For buildings below 50,000 square feet, and that meet or
exceed Oho reg iirementc for any level of I EED
certification.
2. To qualify for expedited priority review and approval of permit
applications, buildings meeting the criteria above must submit to
the building department:
A LEED registration form;
�i. A LEED scorecard indicating all expected rating points;
iii The name and contact information fora I EED accredited
professional on the project team• and
iv. A non refundable deposit of $500.00.
n. €xped ted ern ",t revi projects. The expedited service over all
review `•licciplinec within Oho b iil`•ling zonino plannino an`•! resilience
0
and public works dcpartments. Outside source review will be the
preferred method.
1. Outside source review fee. Actual -Gast plus ten percent. This ten
percent is the administrative fee to cover thc cost of thc
processing.
2. In house review fee: $350.00. The fee is per discipline, with a
maxima im of one•�Tew ne-f� per discipline fore maxima m of
four hours each. "h
3. Plans review or inspections shall not begin until after 4:30 p.m.
Monday through Friday. No plans or inspection requests will be
acccptcd on Saturday, Sunday or holidays when city offices are
closed. Scanning and printing fees for electronic plan review:
The fee shall be based on the same cost charged by the printing
company to the city.
/1. This shall only apply to commercial projects over 20,000 square
feet in size.
o. Application fee. All permits will be charged a non refundable $40.00
application fee.
1'
p Cange o hf architect eineer, or contractor for �i ant pe of
• , ng
permit. $100.00.
eiR-ec+eict,cation of plans and re-ve4 nl e and Hermit cars!
v
replacement.
City of Miami Page 15 of 97 File ID: 15659 (Revision:) Printed on: 5/20/2024
File ID: 15659 Enactment Number: 14279
1 When plans are lost by the owner or contractor, a recertification
fee is required for a new set of plans: Thirty percent of the
original fee.
Minimum fee for residential/commercial uses: $100.00.
Per sheet revised and reviewed: $20.00.
Minimum fee: $100.00.
Maximum fee: $5,000.00.
3. Replacement of lost permit card or replacement or duplication of
plans (per sheet): $17.00.
r. Administrative services fees.
1. Computer print out of property information, permits, inspections,
ctc.: $2.00 per sheet.
2. File search for every request of building department services,
including notice of violations: $44.00.
3. Notarization of any document, including building permit
application: $2.00.
/1. Sending and receiving faxes (not related to the permitting
process):
�. Local, per page: $2.00.
�i. Long distance, per page: $2.50.
5. City certification of plans: Cost of reproduction of plans plus
$1.00 per page.
6. Folio change: $26.00.
s. Refunds, time limitations, revocation, etc. The fees charged pursuant to
this section, provided the same are for a permit required by the Florida
Building Code, may be refunded by the building department director,
subject to the following:
1. No refunds shall be made where any work has commenced,
cxccpt whcrc duplicatc permits arc issucd for the same work, in
which case a refund in accordance with subsection 4. below may
be granted to the original permit holder providing that the
duplicate permits were i-sued within 90 days of each other and
City of Miami Page 16 of 97 File ID: 15659 (Revision:) Printed on: 5/20/2024
File ID: 15659 Enactment Number: 14279
f'I )
the request for the refund is received within 90 days of the
issuance of the latter permit.
2. No refunds shall be made where a permit has become void or
revoked as provided by paragraph 30/1.3(a) of the Florida
Building Code.
3. No refunds shall be made on permit fees of $110.00 or less.
4. R nds on p ran„ item thereon will be on a basis -of 50
percent of the balance over $110.00; such refunds shall be made
to the closest dollar.
5. Bonds may be required for unfinished work on temporary
certificates of occupancy (T.C.0). The amount is to be
established by thc chief of thc section(s) involved and shall be
100 percent of estimated cost of the roof sired wo-k Cash bond
will be refunded, less $100.00 or other bonds discharged, upon
completion of required work by owner.
�. Methods for placing bonds may be:
1. Surety company issuance of bond.
check. A copy of signed contract with a contractor
to do the work is also required.
3. Letter of credit from a guaranteed insured state
certified bank. The letter shall indicate the purpose
of the line of credit. A copy of signed contract with
a contractor to do the work is also required.
�i. If work is done within specified time, the city will proceed
to have the work done (1) through the bonding company if
Method No. 1. was used; (2) through the contractor
specified in the contract if Method No. 2 or Method No. 3
was used, using the proceeds from the cash bond or from
the bank letter of credit.
Building department enforcement fees. In compliance with the Florida Building
Code, National Electrical Codc, and Miami Dade County Codc Chapter #e
following expenses will be recovered from nece--sary building department
cnforccmcnt and/or demolitions:
a. Initiation and prose -sing fce for all work without a permit and all unsafe
structures cases after being given 90 days to comply: $500.00.
b. Digital pictures: $1.00 each.
City of Miami Page 17 of 97 File ID: 15659 (Revision:) Printed on: 5/20/2024
File ID: 15659 Enactment Number: 14279
{5)
c. Additional inspection of open non -compliant cases after being given 90
days to comply: $150.00.
d. Posting of notices: $50.00.
c. Unsafc structures panel fee: $200.00.
f. Title search will be charged: Actual cost.
g. Court reporting will be charged: Actual cost.
h. Legal advertisement will charged: Actual cost.
�. Lien/recordation/cancellation of notices each will be charged actual -Gast
plus a $1.00 administrative fee per every ten pages.
Bid processing fee and contractor notice to proceed (NTP)
administrative cost: $150.00.
k. Demolition/secure services will be charged actual cost.
a. Asbestos and lead environmental sampling and abatement: Actual cost.
rn. Corporate information and lenders search: $25.00.
n. Extension fee (90 days, one time extension only): $150.00.
Waiver of permitting fees. All city building permit fees related to the installation of solar
panels are hereby wa-i-vea-faresidential and commercial properties. The building
or before October 8, 2020. These waivers do not include any surcharges, fees, or
costs required by federal, state, or county governments.
{6) New permits prohibited, non homestead properties. Permits shall not be issued for a
non homestead property with any outstanding code enforcement violations, building
violations, or any relevant city lien or invoice due and owing to the city. Permits
required to cure life safety i-sues, permits which are required to bring outstanding
violations into compliance, or permits for any properties owned by a governmental
cntity arc cxcmptcd from this prohibition.
The Building Official is hereby authorized and directed to enforce the provisions of this Code
and shall faithfully perform these duties without interference; further, shall not be threatened,
coerced or otherwise influenced by any person pursuant to applicable Florida law, including but
not limited to Section 468.604, Florida Statutes. The Building Official shall have the authority to
render interpretations of the Building Code, this Chapter and to adopt policies and procedures in
order to clarify the application of its provisions. Such interpretations, policies and procedures
City of Miami Page 18 of 97 File ID: 15659 (Revision:) Printed on: 5/20/2024
File ID: 15659 Enactment Number: 14279
shall be in compliance with the intent and purpose of this Division. Such policies and procedures
shall not have the effect of waiving requirements specifically provided for by City or State law.
Deputies and employees so designated under Section 10.3.3 of the Code by the Building
Official will be referred to in this Section interchangeably using the term Building Official for
purposes of plans review, inspections and other functions. The Building Official or Designee
shall remain the only parties to have authority to interpret enforcement requirements under this
Code and the Florida Building Code and determine procedures which shall be carried out by
designated staff.
a. Departmental operations. The Building Official is authorized to establish policies and
procedures deemed necessary for general business operations for enforcement; for the
processing of Permit applications; for the scheduling and performance of inspections;
and for any other purpose consistent with the enforcement of the Florida Building Code
or any federal, state or local regulations.
b. Applications and Permits. The Building Official shall receive applications, review
construction documents and issue Permits for the erection, and alteration, demolition
and moving of buildings and structures, inspection of the premises for which such
Permits have been issued and enforce compliance with the provisions under the Florida
Building Code and this Code.
1. Determination of substantially improved or substantially damaged existing
buildings and structures in flood hazard areas. For applications for
reconstruction, rehabilitation, repair, alteration, addition or other improvement of
existing buildings or structures located in flood hazard areas, the Building Official
shall determine if the proposed work constitutes substantial improvement or
repair of substantial damage. Where the Building Official determines that the
proposed work constitutes substantial improvement or repair of substantial
damage, and where required by this Code, the Building Official shall require the
building to meet the requirements of Section 1612,Florida Building Code or
R322 of the Florida Building Code, Residential, as applicable.
c. Notices and orders. The Building Official shall issue all necessary notices or orders
to ensure compliance with this Code and Florida law. Notices and orders may be sent
via electronic mail or United States Postal Service to the owner of the property and the
Contractor listed on the Permit, or as otherwise provided with more specificity by the
Code. It is the responsibility of the Permit holder to keep contact information up to date.
Non -receipt of notices or orders due to incorrect or outdated contact information shall not
exempt compliance with nor extend prescribed deadlines.
d. Inspections. The Building Official shall make all of the required inspections, or the
Building Official shall have the authority to accept reports of inspections by approved
agencies or individuals. Reports of such inspections shall be in writing and be certified
by a responsible officer of such approved agency or by the responsible individual. The
Building Official is authorized to engage such expert opinion as deemed necessary to
report upon unusual technical issues that arise, subject to the approval of the
appointing authority.
e. Identification. The Building Official shall carry proper identification when inspecting
structures or premises in the performance of duties under this Code.
City of Miami Page 19 of 97 File ID: 15659 (Revision:) Printed on: 5/20/2024
File ID: 15659 Enactment Number: 14279
f. Right of entry. Where it is necessary to make an inspection to enforce the provisions of
this Code, or where the Building Official has reasonable cause to believe that there
exists in a structure or upon a premises a condition which is contrary to or in violation
of this Code which makes the structure or premises unsafe, dangerous or hazardous,
the Building Official is authorized to enter the structure or premises at reasonable times
to inspect or to perform the duties imposed by this Code, provided that if such structure
or premises be occupied that credentials be presented to the occupant and entry
requested. If such structure or premises is unoccupied, the Building Official shall first
make a reasonable effort to locate the owner or other person having charge or control
of the structure or premises and request entry. If entry is refused, the Building Official
shall have recourse to the remedies provided by law to secure entry.
g_ Department records. The Building Official shall keep official records of applications
received, Permits and certificates issued, fees collected, reports of inspections, and
notices and orders issued. Such records shall be retained in the official records for the
period required for retention of public records per Chapter 119, Florida Statutes.
h. Liability. The Building Official, member of the board of appeals or employee charged
with the enforcement of this Code, while acting for the jurisdiction in good faith and
without malice in the discharge of the duties required by this Code or other pertinent
law or ordinance, shall not thereby be civilly or criminally rendered liable personally and
is hereby relieved from personal liability for any damage accruing to persons or
property as a result of any act or by reason of an act or omission in the discharge of
official duties. Any suit instituted against an officer or employee because of an act
performed by that officer or employee in the lawful discharge of duties and under the
provisions of this Code shall be defended by legal representative of the jurisdiction until
the final termination of the proceedings. The Building Official or any subordinate shall
not be liable for cost in any action, suit or proceeding that is instituted in pursuance of
the provisions of this Code.
i. Approved materials and equipment. Materials, equipment and devices approved by the
Building Official shall be constructed and installed in accordance with such approval.
The use of used materials that meet the requirements of this Code for new materials is
permitted. Used equipment and devices shall not be reused unless approved by the
Building Official.
L Modifications. Wherever there are practical difficulties involved in carrying out the
provisions of this Code, the Building Official shall have the authority to grant
modifications for individual cases, upon application of the owner or owner's
representative, provided the Building Official shall first find that the individual special
request makes the strict letter of this Code impractical and the modification is in
compliance with the intent and purpose of this Code and that such modification does
not lessen health, accessibility, life and fire safety, or structural requirements. The
details of action granting modifications shall be recorded and entered in the files of the
department of building safety.
Flood hazard areas. The Building Official shall coordinate with the floodplain
administrator to review requests submitted to the Building Official that seek approval to
modify the strict application of the flood resistant construction requirements of the
Florida Building Code to determine whether such requests require the granting of a
variance pursuant to Section 117, Florida Building Code, also see Chapter 20 of this
City of Miami Page 20 of 97 File ID: 15659 (Revision:) Printed on: 5/20/2024
File ID: 15659 Enactment Number: 14279
Code.
k. Alternative materials, design and methods of construction and equipment.
The provisions of this Code are not intended to prevent the installation of any material or
to prohibit any design or method of construction not specifically prescribed by this Code,
provided that any such alternative has been approved. An alternative material, design or
method of construction shall be approved where the Building Official finds that the
proposed alternative meets all of the following:
1. The alternative material, design or method of construction is satisfactory and
complies with the intent of the provisions of this Code; and
2. The material, method or work offered is, for the purpose intended, not less
than the equivalent of that prescribed in this Code as it pertains to the
following:
A. Quality.
B. Strength.
C. Effectiveness.
D. Fire resistance.
E. Durability.
F. Safety.
Where the alternative material, design or method of construction is not approved, the
Building Official shall respond in writing, stating the reasons why the alternative was not
approved.
3. Research reports. Supporting data, where necessary to assist in the
approval of materials or assemblies not specifically provided for in this
Code, shall consist of valid research reports from approved sources.
4. Tests. Whenever there is insufficient evidence of compliance with the
provisions of this Code, or evidence that a material or method does not conform
to the requirements of this Code, or in order to substantiate claims for alternative
materials or methods, the Building Official shall have the authority to require
tests as evidence of compliance to be made at no expense to the jurisdiction.
Test methods shall be as specified in this Code or by other recognized test
standards. In the absence of recognized and accepted test methods, the
Building Official shall approve the testing procedures. Tests shall be performed
by an approved agency. Reports of such tests shall be retained by the Building
Official for the period required for retention of public records.
I. Requirements not covered by Code. The Building Official shall have the authority to
establish requirements necessary for strength, stability, or proper operation of an
existing or proposed building, structure, electrical, gas, mechanical or plumbing
system, or for the public safety, health and general welfare, if they are not specifically
covered by this or other technical Codes.
Sec. 10-5. Waiver and deferral of fees and senior citizcns of low incomc waivcrs Permits.
City of Miami Page 21 of 97 File ID: 15659 (Revision:) Printed on: 5/20/2024
File ID: 15659 Enactment Number: 14279
{a) The fees required under this article may be waived by the city manager for entities and
agencies of the city.
those fees required pursuant to this article, except for those surcharges listed in
subccection 1 2)-af-4 City Code as amended for extremely low income
and Urban Development and as determined by the department of community and
economic development. Applicants for such deferrals shall utilize the same petition
process and covenant requirement as the affordable and workforce housing impact fee
de# -al program described in sections 1 `Z_Q and 1'Z_1 a oft City Code as amended
rrrr �-rr rr �va�av-a�rrrcncrca .
The fees deferred pursuant to this article shall remain deferred so long as the property
or extremely low income housing units, as applicable, do not change affordability
status. Fccc deferred under this section shall be duc and payable for those properties
that no longer qualify as extremely low income affordable housing as determined by
the department of community and economic development. The covenant required by
this section shall at a minimum:
{1) Run with the land;
{2) Clearly explain the rights and obligations of building unit(s) owner(s) to maintain
the ccaameas ELII affordable hoi lama
{3)
Provide remedies for the city to secure the owners obligations under this
section.
For projects that do not exclusively contain extremely low income housing units,
deferral of fees shall be on a pro rata basis utilizing the percentage of
extremely low income housing units as compared to the number of total
residential units. In no event shall this deferral program exceed $250,000.00 in
total deferred fees each fiscal year. Any individual application for deferral that
would exceed said limitation shall be denied only as to the portion thereof that
would exceed said limitation.
{c) Notwithstanding any provisions of this Code or the Florida Building Code to the
which are required to be paid as a condition of the issuance of a building permit, shall
not be charged if all the following conditions are met for senior citizens:
{1) The permit to be obtained will correct a violation for work without permit or for
work with an expired permit for which the property owner has been cited by
code enforcement or any section of the building department.
{2) The work performed without a permit commenced prior to March 1, 2002
{Florida Building Code entered in effect March 1, 2002), or the permit which
expired was irsucd undcr the South Florida Building Code.
{3)
The work for which the building permit is requested is for an improvement to a
single family or duplex residence, townhouse or condominium which is
occupied by the property owner who is a senior citizen and who has had a valid
homestead exemption for the past five years for that property.
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File ID: 15659 Enactment Number: 14279
If more than one person owns the property, each person must qualify for the
senior citizen exemption, except if the joint owners are married, only one of the
owners must meet the qualificat e-ns for the senior citizen exemption pursuant
to F.S. § 196.075.
(d) Notwithstanding subsection (c), permit fees will be waived for those with a household
income below 80 percent of the area median income of Miami Dade County as
determined by the United States Department of Housing and Urban Development
("HUD") annually, upon providing proof of the same to the city, for work that improves
the resilience of the exterior shell, su s-roofi ors, w as, shy tt r-s and
structural repairs, on homcst ded propertics for up to $50,000.00 of the cost of
construction work.
(f)
charges affected by this exemption each fiscal year. The general fund shall reimburse
ach of the development departments the amount of permit fees and charges
empted as part of the following fiscal year's budget.
This subsection is not intended to waive any permit fees or charges assessed by the
departments or instrumentalities of the state, the county or federal government.
Permits Required. Any owner or owner's authorized agent who intends to construct, enlarge,
alter, repair, move, demolish or change the occupancy of a building or structure, or to erect,
install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings,
electrical, gas, mechanical or plumbing system, the installation of which is regulated by this
Code, or to cause any such work to be performed, shall first make application to the Building
Official and obtain the required Permit.
a. Annual Facility Permit. In lieu of an individual Permit for each alteration to an existing
electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the
Building Official is authorized to issue an annual Permit for any occupancy to facilitate
routine or emergency service, repair, refurbishing, minor renovations of service systems
or manufacturing equipment installations/relocations. The Building Official shall be
notified of major changes and shall retain the right to make inspections at the facility site
as deemed necessary. An Annual Facility Permit shall be assessed with an annual fee
and shall be valid for one year from date of issuance. A separate Permit shall be
obtained for each facility and for each construction trade, as applicable. The Permit
application shall contain a general description of the parameters of work intended to be
performed during the year.
1. Annual Facility Permit records. The person to whom an annual Permit is issued shall
keep a detailed record of alterations made under such annual Permit. The Building
Official shall have access to such records at all times or such records shall be filed
with the Building Official as designated.
2. Food Permit. In accordance with Section 500.12, Florida Statutes, a food Permit
from the Department of Agriculture and Consumer Services is required of any
person who operates a food establishment or retail store.
3. Public swimming pool. The Department may not issue a building Permit to construct,
develop, or modify a public swimming pool without proof of application, whether
complete or incomplete, for an operating Permit pursuant to Section 514.031,
Florida Statutes. A Certificate of Completion or Occupancy may not be issued until
City of Miami Page 23 of 97 File ID: 15659 (Revision:) Printed on: 5/20/2024
File ID: 15659 Enactment Number: 14279
such operating Permit is issued. The Department shall conduct their review of the
building Permit application upon filing and in accordance with Chapter 553, Florida
Statutes. The Department may confer with the Department of Health, if necessary,
but may not delay the building Permit application review while awaiting comment
from the Department of Health.
b. Work exempt from Permit. Exemptions from Permit requirements of this Code shall not
be deemed to grant authorization for any work to be done in any manner in violation of
the provisions of this Code or any other laws or ordinances of this jurisdiction, to include
work in any special flood hazard area. Exemptions granted under this Section do not
relieve the owner or Contractor from their duty to comply with applicable provisions of
the Florida Building Code, and requirements of the local floodplain management
ordinance.
1. Ordinary Minor repairs. Ordinary minor repairs may be made with the approval of
the Building Official without a Permit, provided the repairs do not include the cutting
away of any wall, partition or portion thereof, the removal or cutting of any structural
beam or load -bearing support, or the removal or change of any required means of
egress, or rearrangement of parts of a structure affecting the egress requirements;
nor shall ordinary repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent
or similar piping, electric wiring systems or mechanical equipment or other work
affecting public health or general safety, and such repairs shall not violate any of the
provisions of the technical Codes
Permits shall not be required for the following:
A. Building:
i. Wallpapering and similar finish work on interior vertical
surfaces.
ii. Painting one- and two-family dwellings and buildings not more
than three stories in height.
Hi. Floor finishes in one- and two-family dwellings.
iv. Cabinets and countertops in one- and two-family dwellings.
v. Shade cloth structures constructed for nursery or agricultural
purposes, not including service systems.
vi. Swings and other playground equipment accessory to
detached one- and two-family dwellings.
vii. Non fixed and movable interior fixtures, cases, racks,
counters and partitions not over 5 feet 9 inches (1753 mm) in
height.
viii. Ordinary minor repairs (defined in Section 105.2.2, Florida
Building Code), provided that such repairs shall not violate
any of the provisions of the technical Codes.
B. Electrical: Repairs and maintenance, including the replacement of lamps or
the connection of approved portable electrical equipment to approved
permanently installed receptacles are exempt from Permit requirements.
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The following work is also exempt from Permit requirements:
i. Replacement of lamps/bulbs.
ii. Replacement of damaged receptacles outlets, switches lights,
circuit breakers by licensed electrical Contractors.
iii. Replacement of electrical cord equipment with male
attachment plug.
C. Gas:
iv. Events portable generators 5kw or less.
v. Radio antenna.
vi. Wireless burglar alarm system / cameras.
vii. Trouble shooting interior/ exterior electrical wiring or
equipment.
viii. Wireless smoke detectors with a 10- year life lithium battery.
ix. Courtesy inspection to re -activate power disconnected by
FPL.
x. Ceiling fans installed or replaced by a licensed Contractor.
xi. Decorative/temporary lighting & displays for no more than 90
days.
xii. Above ground prefabricated whirlpool tubs.
xiii. Ordinary minor repairs (defined in Section 105.2.2, Florida
Building Code), provided that such repairs shall not violate
any of the provisions of the technical Codes.
Radio and television transmitting stations: The provisions of this
Code shall not apply to electrical equipment used for radio and
television transmissions but do apply to equipment and wiring for
a power supply and the installations of towers and antennas.
Temporary testing systems: A Permit shall not be required for the
installation of any temporary system required for the testing or
servicing of electrical equipment or apparatus.
i. Portable heating appliance.
ii. Replacement of any minor part that does not alter approval of
equipment or make such equipment unsafe.
D. Mechanical:
Portable heating appliance.
ii. Portable ventilation equipment.
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Portable cooling unit.
iv. Steam, hot or chilled water piping within any heating or
cooling equipment regulated by this Code.
v. Replacement of any part that does not alter its approval or
make it unsafe.
vi. Portable evaporative cooler.
vii. Self-contained refrigeration system containing 10 pounds
(4.54 kg) or less of refrigerant and actuated by motors of 1
horsepower (0.75 kW) or less.
viii. The installation, replacement, removal or metering of any
load management control device.
ix. Repair work performed by licensed mechanical.
x. Contracts that do not exceed $2,500.00 in value of
materials and labor.
xi. The following work is also exempt from Permit
requirements regardless of the value of materials and labor
when performed by a licensed mechanical Contractor:
E. Plumbing:
1.Repair of air conditioning duct.
2.Repair or replacement of coil, compressor or refrigerant
piping by licensed air conditioning or mechanical
Contractor.
3.Repair or replacement of non -combustion heating by
licensed air conditioning or mechanical Contractors.
4.Repair or replacement ventilation fans.
5.Ordinary minor repairs (defined in Section 10.5 of this
Code), provided that such repairs shall not violate any of
the provisions of the technical codes.
i_ The stopping of leaks in drains, water, soil, waste or vent
pipe, provided, however, that if any concealed trap,
drainpipe, water, soil, waste or vent pipe becomes
defective and it becomes necessary to remove and replace
the same with new material, such work shall be considered
as new work and a Permit shall be obtained and inspection
made as provided in this Code.
ii. The clearing of stoppages or the repairing of leaks in
pipes, valves or fixtures and the removal and reinstallation
of water closets, provided such repairs do not involve or
require the replacement or rearrangement of valves, pipes
or fixtures.
Hi. Repair work performed by licensed plumbing contracts that
does not exceed $2,500.00 in value of materials and labor.
iv. The following work is also exempt from Permit
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requirements regardless of the value of materials and labor
when performed by a licensed plumbing Contractor:
1. Repair or replacement of gas appliances, other than water
heater, by licensed plumbing Contractors.
2. Exact change out of an above ground LP tank by LPG
licensed Contractor.
3. Repair irrigation system.
4. Repair/replacement of faucets in one- and two-family
dwellings.
5. Repair/replacement of water closet/bidet/ fixtures only in
one- and two-family dwellings.
6. Repair/replacement of sink/lavatory/ fixtures only in one -
and two-family dwellings.
7. Repair/replacement of residential pool equipment other
than a pool heater.
8. Repair/replacement of shut off valve on a domestic water
line.
9. Repair/replacement of residential sink garbage disposal in
one- and two-family dwellings.
10. Repair/replacement of residential dishwasher.
11. Above ground prefabricated whirlpool tubs.
12. Ordinary minor repairs (defined in this Subsection),
provided that such repairs shall not violate any of the
provisions of the technical codes.
F. Emergency repairs. Where equipment replacements and repairs must be
performed in an emergency situation, the Permit application shall be
submitted within the next working business day to the Building Official.
G. Public service agencies. A Permit shall not be required for the installation,
alteration or repair of generation, transmission, distribution or metering or
other related equipment that is under the ownership and control of public
service agencies by established right.
c. Application for Permit.
1. To obtain a Permit, the applicant shall first file an application in writing on a form
furnished by the Building Department for that purpose.
2. Permit application forms shall be in the format prescribed by a local
administrative board, if applicable, and must comply with the requirements of
Sections 713.135(5) and (6), Florida Statutes.
3. Each application shall be inscribed with the date of application, and the Code in
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effect as of that date. For a building Permit for which an application is submitted
prior to the effective date of the Florida Building Code, the state minimum
building Code in effect in the Permitting jurisdiction on the date of the application
governs the permitted work for the life of the Permit and any extension granted
to the Permit.
4. Effective October 1, 2017, the Department shall post each type of building Permit
application on its website. Completed applications must be able to be submitted
electronically to the appropriate building department. Accepted methods of
electronic submission include, but are not limited to, e-mail submission of
applications in portable document format or submission of applications through
an electronic fill-in form available on the building department's website or
through a third -party submission management software. Payments,
attachments, or drawings required as part of the application may be submitted in
person in a nonelectronic format, at the discretion of the Building Official.
d. Action on application. The Building Official shall examine or cause to be examined
applications for Permits and amendments thereto within a reasonable time after filing. If
the application or the construction documents do not conform to the requirements of
pertinent laws, the Building Official shall reject such application in writing, stating the
reasons therein. If the Building Official is satisfied that the proposed work conforms to the
requirements of this Code and laws and ordinances applicable thereto, the Building
Official shall issue a Permit as soon as practicable. When authorized through contractual
agreement with a school board, in acting on applications for Permits, the Building Official
shall give first priority to any applications for the construction of, or addition or renovation
to, any school or educational facility.
If a state university, Florida college or public school district elects to use the
Department's enforcement division, fees charged by the Department for
enforcement of the Florida Building Code on buildings, structures, and facilities of
state universities, state colleges, and public school districts shall not be more
than the actual labor and administrative costs incurred for plans review and
inspections to ensure compliance with the Code.
e. Design professional required. No Permit may be issued for any building construction,
erection, alteration, modification, repair, or addition unless the following documents (if
applicable to the construction for which the Permit issued) are prepared by or under the
direction of an engineer registered under Chapter 471. Florida Statutes, or an architect
registered under Chapter 481, Part I Florida Statutes:
1. Plumbing documents for any new building or addition which requires a plumbing
system with more than 250 fixture units, or which costs more than $125,000.
2. Fire sprinkler documents for any new building or addition which includes a fire
sprinkler system which contains 50 or more sprinkler heads. Personnel as
authorized by Chapter 633 Florida Statutes, may design a new fire protection
system of 49 or fewer sprinklers; may design the alteration of an existing fire
sprinkler system if the alteration consists of the relocation, addition or deletion of
249 or fewer sprinklers and the addition of up to 49 sprinklers, as long as the
cumulative total number of fire sprinklers being added, relocated, or deleted does
not exceed 249 notwithstanding the size of the existing fire sprinkler system; or
may design the alteration of an existing fire sprinkler system if the alteration
consists of the relocation or deletion of 249 or fewer sprinklers, notwithstanding
the size of the existing fire sprinkler system, if there is no change of occupancy of
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the affected areas, as defined in this Code and the Florida Fire Prevention Code,
and there is no change in the water demand as defined in NFPA 13, "Standard
for the Installation of Sprinkler Systems," and if the occupancy hazard
classification as defined in NFPA 13 is reduced or remains the same as a result
of the alteration.
3. Heating, ventilation, and air-conditioning documents for any new building or
addition which requires more than a 15-ton-per-system capacity, and which is
designed to accommodate more than 100 persons, or for which the system costs
more than $125,000. This paragraph does not include any document for the
replacement or repair of an existing system in which the work does not require
altering a structural part of the building, or for work on a residential one-, two-,
three-, or four -family dwelling. The limiting criteria of 100 persons applies to the
building occupancy load, and $125,000 applies to the cost for the total air-
conditioning system of the building.
4. An air-conditioning system may be designed by an air-conditioning Contractor
certified under Chapter 489, Florida Statutes, to serve any building or addition
which is designed to accommodate no more than 100 persons and requires an
air-conditioning system with a value of $125,000 or less, provided that the same
air-conditioning Contractor performs the installation; and when a 15-ton-per
system or less is designed for a singular space of a building and each 15-ton
system or less has an independent duct system. Systems not complying with the
above require design documents that are to be sealed by a professional
engineer.
Example 1: When a space has two 10-ton systems with each having an
independent duct system, the installing Contractor may design these two
systems since each unit (system) is less than 15 tons.
Example 2: Consider a small single -story office building which consists of six
individual offices where each office has a single three -ton package air
conditioning heat pump. The six heat pumps are connected to a single water-
cooling tower. The cost of the entire heating, ventilation and air-conditioning
work is $47,000 and the office building accommodates fewer than 100 persons.
Because the six mechanical units are connected to a common water tower, this
is considered to be an 18-ton system.
5. Any specialized mechanical, electrical, or plumbing document for any new
building or addition which includes a medical gas, oxygen, steam, vacuum, toxic
air filtration, halon, or fire detection and alarm system which costs more than
$5,000.
6. Electrical documents for any new building or addition which:
A. Requires an electrical system with a value of more than $125,000, or
B. Requires an aggregate service capacity of more than 600 amperes (240
volts) on a residential electrical system, or
C. Requires an aggregate service capacity of more than 800 amperes (240
volts) on a commercial or industrial electrical system, or
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D. Requires a voltage higher than 240 volts.
7. Exception: Simplified Permitting processes. As used in this Section, the term:
Component means valves, fire sprinklers, escutcheons, hangers, compressors,
or any other item deemed acceptable by the local enforcing agency. For
purposes of this paragraph, a valve does not include pressure -regulating,
pressure -reducing, or pressure -control valves.
Contractor means a person who Is qualified to engage in the business of
electrical or alarm system contracting pursuant to a certificate or registration
issued by the department under part II of Chapter 489, Florida Statutes; or Is
qualified to engage in the business of fire protection system contracting pursuant
to a license or certificate issued by the State Fire Marshal.
Fire Alarm System Project means a fire alarm system alteration of a total of 20 or
fewer initiating devices and notification devices, or the installation or replacement
of a fire communicator connected to an existing fire alarm control panel in an
existing commercial, residential, apartment, cooperative, or condominium
building.
Fire Sprinkler System Project means a fire protection system alteration of a total
of 20 or fewer fire sprinklers in which the sprinklers are of the same K-factor and
located in spaces where there is no change of hazard classification or increased
system coverage area, or the installation or replacement of an equivalent fire
sprinkler system Component in an existing commercial, residential, apartment,
cooperative, or condominium building. For purposes of this paragraph, a
Component is equivalent if the Component has the same or better
characteristics, including electrical, hydraulic, pressure losses, and required
listings and spacing as the Component being replaced.
f. Applications.
1. The Department may require a Contractor, as a condition of obtaining a Permit for a
Fire Alarm System Project or Fire Sprinkler System Project, to submit a completed
application and payment.
2. A Department may not require a Contractor to submit plans or specifications as a
condition of obtaining a Permit for a Fire Alarm System Project or Fire Sprinkler
System Project.
3. The Department must issue a Permit for a Fire Alarm System Project or Fire
Sprinkler System Project in person or electronically.
4. The Department must require at least one (1) inspection of a Fire Alarm System
Project or Fire Sprinkler System Project to ensure compliance with applicable Codes
and standards. If a Fire Alarm System Project or Fire Sprinkler System Project fails
an inspection, the Contractor must take corrective action as necessary to pass
inspection.
5. Documents on site:
i_ For a a Fire Alarm System Project or Fire Sprinkler System Project, a Contractor
must keep a copy of the plans and specifications at the Fire Alarm System
Project or Fire Sprinkler System Project worksite and make such plans and
specifications available to the Inspector at each Inspection.
ii. For a a Fire Alarm System Project or Fire Sprinkler System Project to alter an
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existing fire protection system, a Contractor must keep a copy of the plans and
specifications at the Fire Alarm System Project or Fire Sprinkler System Project
worksite and make such plans and specifications available to the Inspector at
each Inspection.
For a Fire Alarm System Project or Fire Sprinkler System Project to install or
replace a Component, a Contractor must keep a copy of the manufacturer's
installation instructions and any pertinent testing instructions needed to certify or
accept the Component at the Fire Alarm System Project or Fire Sprinkler System
Project worksite and make such documents available to the Inspector at each
Inspection.
g_ All public swimming pools and public bathing places as defined by and regulated under
Chapter 514, Florida Statutes.
h. Time limitation of application. An application for a Permit for any proposed work shall be
deemed to have been abandoned becoming null and void 180 days after the date of
filing, unless such application has been pursued in good faith or a Permit has been
issued; except that the Building Official is authorized to grant one or more extensions of
time for additional periods not exceeding 90 days each. The extension shall be
requested in writing and justifiable cause demonstrated.
1. The Building Official may not issue a building Permit for any building construction,
erection, alteration, modification, repair or addition unless the Permit either includes
on its face or there is attached to the Permit the following statement: "NOTICE: In
addition to the requirements of this Permit, there may be additional restrictions
applicable to this property that may be found in the public records of this county, and
there may be additional Permits required from other governmental entities such as
water management districts, state agencies, or federal agencies."
2. A building Permit for a single-family residential dwelling must be issued within 30
working days of application therefor unless unusual circumstances require a longer
time for processing the application or unless the Permit application fails to satisfy the
Florida Building Code or the enforcing agency's laws or ordinances, as amended.
3. Identification of minimum premium policy. Except as otherwise provided in Chapter
440, Florida Statutes, Workers' Compensation, every employer shall, as a condition
to receiving a building Permit, show proof that it has secured compensation for its
employees as provided in Sections 440.10 and 440.38, Florida Statutes.
4. Asbestos removal. Moving, removal or disposal of asbestos -containing materials on
a residential building where the owner occupies the building, the building is not for
sale or lease, and the work is performed according to the owner -builder limitations
provided in this paragraph. To qualify for exemption under this paragraph, an owner
must personally appear and sign the building Permit application. The Permitting
agency shall provide the person with a disclosure statement in substantially the
following form:
Disclosure Statement: State law requires asbestos abatement to be done by
licensed Contractors. You have applied for a Permit under an exemption to that
law. The exemption allows you, as the owner of your property, to act as your
own asbestos abatement Contractor even though you do not have a license.
You must supervise the construction yourself. You may move, remove or
dispose of asbestos -containing materials on a residential building where you
occupy the building and the building is not for sale or lease, or the building is a
farm outbuilding on your property. If you sell or lease such building within 1 year
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after the asbestos abatement is complete, the law will presume that you
intended to sell or lease the property at the time the work was done, which is a
violation of this exemption. You may not hire an unlicensed person as your
Contractor. Your work must be done according to all local, state and federal laws
and regulations which apply to asbestos abatement projects. It is your
responsibility to make sure that people employed by you have licenses required
by state law and by county or municipal licensing ordinances.
5. Applicable Code for Manufactured Buildings. Manufacturers should be permitted to
complete all buildings designed and approved prior to the effective date of a new
Code edition, provided a clear signed contract is in place. The contract shall provide
specific data mirroring that required by an application for Permit, specifically, without
limitation, date of execution, building owner or dealer, and anticipated date of
completion. However, the construction activity must commence within 6 months of
the contract's execution. The contract is subject to verification by the Department of
Business and Professional Regulation.
6. The Department may not require a contract between a builder and an owner for the
issuance of a building Permit or as a requirement for the submission of a building
Permit application.
7. Public right of way. A Permit shall not be given by the Building Official for the
construction of any building, or for the alteration of any building where said building is
to be changed and such change will affect the exterior walls, bays, balconies, or
other appendages or projections fronting on any street, alley or public lane, or for the
placing on any lot or premises of any building or structure removed from another lot
or premises, unless the applicant has received a right of way Permit from the
authority having jurisdiction over the street, alley or public lane.
i. Conditions of the Permit. The issuance or granting of a Permit shall not be construed to
be a Permit for, or an approval of, any violation of any of the provisions of this Code or of
any other ordinance of the jurisdiction. Permits presuming to give authority to violate or
cancel the provisions of this Code or other ordinances of the jurisdiction shall not be
valid. The issuance of a Permit based on construction documents and other data shall
not prevent the Building Official from requiring the correction of errors in the construction
documents and other data. The Building Official is also authorized to prevent occupancy
or use of a structure where in violation of this Code or of any other ordinance of this
jurisdiction.
1. Permit intent. A Permit issued shall be construed to be a license to proceed with the
work and not as authority to violate, cancel, alter or set aside any of the provisions
of the technical Codes, nor shall issuance of a Permit prevent the Building Official
from thereafter requiring a correction of errors in plans, construction or violations of
this Code.
A. If work has commenced and the Permit is revoked, becomes null and void, or
expires because of lack of progress or abandonment, a new Permit covering the
proposed construction shall be obtained before proceeding with the work.
B. If a new Permit is not obtained within 180 days from the date the initial Permit
became null and void, the Building Official is authorized to require that any work
which has been commenced or completed be removed from the building site.
Alternately, a new Permit may be issued on application, providing the work in
place and required to complete the structure meets all applicable regulations in
effect at the time the initial Permit became null and void and any regulations
which may have become effective between the date of expiration and the date of
issuance of the new Permit.
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C. Work shall be considered to be in active progress when the Permit has received
an approved inspection within 180 days. This provision shall not be applicable in
case of civil commotion or strike or when the building work is halted due directly
to judicial injunction, order or similar process.
D. Pace of Construction. Construction shall proceed at a pace consistent with
projects within the jurisdiction that are comparable in scope and complexity. If
the Building Official determines that an unusually extended construction period
has willfully occurred with no appreciable attempt to advance the construction,
they are authorized to impose fines and penalties as proscribed by law. The
practice of repetitively scheduling inconsequential inspections to obtain an
approval within 180 days, thereby maintaining the Permit active, and/or failure to
proceed at a consistent and comparable pace shall be deemed a lack of
progress for purposes of revocation of the issued Permit.
E. The fee for renewal reissuance and extension of a Permit shall be set forth by
the administrative authority.
F. After the local enforcing agency issues a Permit, the local enforcing agency may
not make or require any substantive changes to the plans or specifications
except changes required for compliance with the Florida Building Code, the
Florida Fire Prevention Code, or the Life Safety Code, or local amendments
thereto. If a local enforcing agency makes or requires substantive changes to
the plans or specifications after a Permit is issued, the local enforcing agency
must identify the specific plan features that do not comply with the applicable
Codes, identify the specific Code, Chapters, Divisions and Sections upon which
the finding is based, and provide the information to the Permit holder in writing.
L Expiration. Every Permit issued shall become invalid unless the work on the site
authorized by such Permit is commenced within 180 days after its issuance, or if the
work authorized on the site by such Permit holder and property owner shall be
responsible to either complete all work in accordance with the permitted plans and
inspection or remove any partially completed work in a safe and Code compliant
manner. The Building Official is authorized to grant, in writing, one or more extensions
of time, for periods not more than 180 days each. The extension shall be requested in
writing and justifiable cause demonstrated as determined by the Building Official.
1. Additional options for closing a Permit. Pursuant to Section 553.79(15), Florida
Statutes, a property owner, regardless of whether the property owner is the one
listed on the application for the building Permit, may close a building Permit by
complying with the following requirements.
2. The property owner may retain the original Contractor listed on the Permit or hire a
different Contractor appropriately licensed in this state to perform the work
necessary to satisfy the conditions of the Permit and to obtain any necessary
inspection in order to close the Permit. If a Contractor other than the original
Contractor listed on the Permit is hired by the property owner to close the Permit,
such Contractor is not liable for any defects in the work performed by the original
Contractor and is only liable for the work that they perform.
3. The property owner may assume the role of an owner- builder, in accordance with
Sections 489.103(7) and 489.503(6), Florida Statutes.
4. If a building Permit is expired and its requirements have been substantially
completed, as determined by the Department, the Permit may be closed without
having to obtain a new building Permit, and the work required to close the Permit
may be done pursuant to the Building Code in effect at the time the Department
received the application for the Permit, unless the Contractor has sought and
received approval from the Department for an alternative material, design or method
of construction.
5. A Department may close a building Permit six (6) years after the issuance of the
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Permit, even in the absence of a final inspection, if the Department determines that
no apparent safety hazard exists.
A. For purposes of this Section, the term "close" means that the requirements of
the Permit have been satisfied.
B. For the purposes of this Subsection, a closed Permit shall mean a Permit for
which all requirements for completion have been satisfied or a Permit that
has been administratively closed by the Building Official.
C. For the purposes of this Subsection, an open Permit shall mean a Permit
that has not satisfied all requirements for completion as defined in 105.5.1.1,
Florida Building Code.
k. Denial or revocation. Whenever a Permit required under this Section is denied or
revoked because the plan, or the construction, erection, alteration, modification, repair,
or demolition of a building, is found by the local enforcing agency to be not in
compliance with the Florida Building Code, the local enforcing agency shall identify the
specific plan or project features that do not comply with the applicable Codes, identify
the specific Code Chapters, Divisions and Sections upon which the finding is based, and
provide this information to the Permit applicant. If the local building Code administrator
or inspector finds that the plans are not in compliance with the Florida Building Code, the
local building Code administrator or inspector shall identify the specific plan features that
do not comply with the applicable Codes, identify the specific Code Chapters, Divisions
and Sections upon which the finding is based, and provide this information to the local
enforcing agency. The local enforcing agency shall provide this information to the
Permit applicant.
1. Pursuant to Section 553.79(16), Florida Statutes, a Local Enforcement Agency may
not deny issuance of a building Permit to issue a notice of violation, to fine or
penalize, to sanction or assess fees against an arm's-length purchaser of a property
for value solely because a building Permit applied for by a previous owner of the
property was not closed. The Local Enforcement Agency shall maintain all rights
and remedies against the property owner and Contractor listed on the Permit.
2. Pursuant to Section 553.79(16), Florida Statutes, the Local Enforcement Agency
may not deny issuance of a building Permit to a Contractor solely because the
Contractor is listed on other building Permits that were not closed. The Local
Enforcement Agency has the authority to deny a new Permit application from an
applicant for other reasons.
3. Fraudulent submittals. Upon discovery of falsified or forged documents, or
misrepresentation of material facts on applications, the Building Official shall deny or
revoke applications and/or Permits and shall require corrections to same in order to
restore the application and/or Permit to good standing. Any violations under this
Section shall be subject to penalties as prescribed by law.
4. Violation of Code provisions. The Building Official may require the correction or
revocation of a Permit upon their determination that any work performed pursuant to
that Permit is in violation of the provisions of this Code. The Building Official may
elect to refer violations to the appropriate licensing or enforcement division or board
for disciplinary action.
5. Permit Expediter(s) means independent agents and/or personnel hired by the fee
owner ("Property Owner"), the fee owner's Contractor, the fee owner's design
professional, or any other person in connection with the project may initiate an
application for Permit, submit all documentation for review by the enforcement
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agency, and pursue the processing of the application in accordance with the
provisions of this Section. The Building Official shall establish a system of
registration for Permit Expediters, requiring that they provide all relevant contact
information and proof of valid Business Tax Receipts from the City of Miami and
Local Business Tax Receipts from Miami -Dade County as required by law. There
shall be no charge for registration of Permit Expediters. Permit Expediters operating
within the jurisdiction shall be registered prior to engaging in any business activity in
connection with the processing of a Permit through the building Local Enforcement
Agency.
The Building Official is authorized to establish operational and ethical guidelines for
expediters. Permit Expediters shall not:
A. Act as a surrogate for registered design professionals in discussions of
technical matters.
B. Submit documents known or suspected to be falsified or otherwise deficient
in content, formatting, and/or completeness.
C. Offer any form of compensation, incentive, or gift to department personnel in
exchange for preferential treatment as prohibited by law.
D. Engage in tactics designed to bypass the department's normal sequence of
priorities in the processing of applications and Permits.
I. Placement of Permit. The building Permit or copy shall be kept on the site of the work
until the completion of the project. The Permit shall be readily available for viewing at
any time by the Building Official.
m. Notice of commencement. In accordance with Section 713.135, Florida Statutes, when
any person applies for a building Permit, the authority issuing such Permit shall print on
the face of each Permit card in no less than 14-point, capitalized, boldfaced type:
"WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED
AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT."
n. Asbestos. The enforcing agency shall require each building Permit for the demolition or
renovation of an existing structure to contain an asbestos notification statement which
indicates the owner's or operator's responsibility to comply with the provisions of
Section 469.003, Florida Statutes, and to notify the Department of Environmental
Protection of their intentions to remove asbestos, when applicable, in accordance with
state and federal law.
o. Certificate of protective treatment for prevention of termites. A weather -resistant job -site
posting board shall be provided to receive duplicate treatment certificates as each
required protective treatment is completed, providing a copy for the person the Permit is
issued to and another copy for the building Permit files. The treatment certificate shall
provide the product used, identity of the applicator, time and date of the treatment, site
location, area treated, chemical used, percent concentration and number of gallons
used, to establish a verifiable record of protective treatment. If the soil chemical barrier
method for termite prevention is used, final exterior treatment shall be completed prior
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to final building approval.
Notice of termite protection. A permanent sign which identifies the termite treatment
provider and need for reinspection and treatment contract renewal shall be provided.
The sign shall be posted near the water heater or electric panel.
Work starting before Permit. Strictly upon written approval of the Building Official work
may start before Permit is issued. The scope of work delineated in the building Permit
application and plan may be started prior to the final approval and issuance of the
Permit, provided any work completed is entirely at risk of the Permit applicant and the
work does not proceed past the first required inspection. Work performed and/or
installed without written approval shall be deemed non -compliant, and shall be subject
to removal or demolition, and any additional penalties deemed appropriate by the
Building Official.
r. Phased Permit approval. After submittal of the appropriate construction documents, the
Building Official is authorized to issue a Permit for the construction of foundations or any
other part of a building or structure before the construction documents for the whole
building or structure have been submitted. The holder of such Permit for the foundation
or other parts of a building or structure shall proceed at the holder's own risk with the
building operation and without assurance that a Permit for the entire structure will be
granted. Corrections may be required to meet the requirements of the technical Codes.
s. Permit issued on basis of an affidavit. Whenever a Permit is issued in reliance upon an
affidavit or whenever the work to be covered by a Permit involves installation under
conditions which, in the opinion of the Building Official, are hazardous or complex, the
Building Official shall require that the architect or engineer who signed the affidavit or
prepared the drawings or computations shall supervise such work. In addition, they shall
be responsible for conformity to the Permit, provide copies of inspection reports as
inspections are performed, and upon completion make and file with the Building Official
written affidavit that the work has been done in conformity to the reviewed plans and
with the structural provisions of the technical Codes. In the event such architect or
engineer is not available, the owner shall employ in his stead a competent person or
agency whose qualifications are reviewed by the Building Official. The Building Official
shall ensure that any person conducting plans review is qualified as a plans examiner
under Part XII of Chapter 468, Florida Statutes, and that any person conducting
inspections is qualified as a building inspector under Part XII of Chapter 468, Florida
Statutes.
Permit issued on basis of an affidavit shall not extend to the flood load and flood
resistance requirements of the Florida Building Code.
t. Opening protection. When any activity requiring a building Permit, not including roof
covering replacement or repair work associated with the prevention of degradation of
the residence, that is applied for on or after July 1, 2008, and for which the estimated
cost is $50,000 or more for a site built single-family detached residential structure that is
located in the wind-borne debris region as defined in this Code and that has an insured
value of $750,000 or more, or, if the site built single-family detached residential structure
is uninsured or for which documentation of insured value is not presented, has a just
valuation for the structure for purposes of ad valorem taxation of $750,000 or more;
opening protections as required within this Code or Florida Building Code, Residential
for new construction shall be provided.
1. Exception: Where defined wind-borne debris regions have not changed, single
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family detached residential structures permitted subject to the Florida Building Code
are not required to comply with this Section.
u. Inspection of existing residential building not impacted by construction.
1. A local enforcing agency, and any local building Code administrator, inspector, or
other official or entity, may not require as a condition of issuance of a one- or two-
family residential building Permit the inspection of any portion of a building, structure,
or real property that is not directly impacted by the construction, erection, alteration,
modification, repair, or demolition of the building, structure, or real property for which
the Permit is sought.
2. This subSection does not apply to a building Permit sought for:
A. A substantial improvement as defined in s. 161.54, Florida Statutes or as
defined in the Florida Building Code.
B. A change of occupancy as defined in the Florida Building Code.
C. A conversion from residential to nonresidential or mixed use pursuant to s.
553.507(2)(a), Florida Statutes or as defined in the Florida Building Code.
D. A historic building as defined in the Florida Building Code.
3. This subSection does not prohibit a Local Enforcing Agency, or any local building
code administrator, inspector, or other official or entity, from:
A. Citing any violation inadvertently observed in plain view during the ordinary
course of an inspection conducted in accordance with the prohibition in this
Code.
B. Inspecting a physically nonadjacent portion of a building, structure, or real
property that is directly impacted by the construction, erection, alteration,
modification, repair, or demolition of the building, structure, or real property for
which the Permit is sought in accordance with the prohibition in paragraph (a).
C. Inspecting any portion of a building, structure, or real property for which the
owner or other person having control of the building, structure, or real property
has voluntarily consented to the inspection of that portion of the building,
structure, or real property in accordance with the prohibition in paragraph (a).
D. Inspecting any portion of a building, structure, or real property pursuant to an
inspection warrant issued in accordance with ss. 933.20-933.30, Florida
Statutes.
v. Streamlined Low -Voltage Alarm System installation Permitting.
1. As used in this Section, the term:
Contractor means a person who is qualified to engage in the business of
electrical or alarm system contracting pursuant to a certificate or registration
issued by the department under Part II of Chapter 489, Florida Statutes.
Low -Voltage Alarm System project means a project related to the installation,
maintenance, inspection, replacement, or service of a new or existing alarm
system, as defined in s. 489.505, Florida Statutes, that is hardwired and
operating at low voltage, as defined in the National Electrical Code Standard 70,
Current Edition, or a new or existing Low -Voltage Electric Fence, and ancillary
Components or equipment attached to such a system, or fence, including, but not
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limited to, home -automation equipment, thermostats, closed-circuit television
systems, access controls, battery recharging devices, and video cameras.
Low -Voltage Electric Fence means an alarm system, as defined in s. 489.505,
that consists of a fence structure and an energizer powered by a commercial
storage battery not exceeding 12 volts which produces an electric charge upon
contact with the fence structure.
Wireless Alarm System means a burglar alarm system or smoke detector that is
not hardwired.
2. Notwithstanding any provision of this Code, this Section applies to all Low -
Voltage Alarm System projects for which a Permit is required by the Local
Enforcement Agency. However, a Permit is not required to install, maintain,
inspect, replace, or service a Wireless Alarm System, including any ancillary
Components or equipment attached to the system.
3. A Low -Voltage Electric Fence must meet all of the following requirements to be
Permitted as a Low -Voltage Alarm System project and no further Permit shall be
required for the Low -Voltage Alarm System project other than as provided in this
Section:
A. The electric charge produced by the fence upon contact must not exceed
energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102
of International Electrotechnical Commission Standard No. 60335-2-76, Current
Edition.
B. A nonelectric fence or wall must completely enclose the Low -Voltage Electric
Fence. The low- voltage electric fence may be up to 2 feet higher than the
perimeter nonelectric fence or wall.
C. The Low -Voltage Electric Fence must be identified using warning signs attached
to the fence at intervals of not more than 60 feet.
D. The Low -Voltage Electric Fence shall not be installed in an area zoned
exclusively for single- family or multi -family residential use.
E. The Low -Voltage Electric Fence shall not enclose the portions of a property which
are used for residential purposes.
4. This Section does not apply to the installation or replacement of a fire alarm if a
plan review is required.
5. The Local Enforcement Agency shall make uniform basic Permit labels available
for purchase by a Contractor to be used for the installation or replacement of a
new or existing alarm system at a cost as indicated in s. 553.793, Florida
Statutes. The Local Enforcement Agency may not require the payment of any
additional fees, charges, or expenses associated with the installation or
replacement of a new or existing alarm.
A. The Local Enforcement Agency may not require a Contractor, as a condition of
purchasing a label, to submit information other than identification information of
the licensee and proof of registration or certification as a Contractor.
B. A label is valid for 1 year after the date of purchase and may only be used within
the jurisdiction of the Local Enforcement Agency that issued the label. A
Contractor may purchase labels in bulk for one or more unspecified current or
future projects.
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6. A Contractor shall post an unused uniform basic Permit label in a conspicuous
place on the premises of the Low -Voltage Alarm System project site before
commencing work on the project.
7. A Contractor is not required to notify the Local Enforcement Agency before
commencing work on a Low -Voltage Alarm System project. However, a
Contractor must submit a Uniform Notice of a Low -Voltage Alarm System Project
as provided under Subsection (7) to the Local Enforcement Agency within 14
days after completing the project. The Local Enforcement Agency may take
disciplinary action against a Contractor who fails to timely submit a Uniform
Notice of a Low -Voltage Alarm System Project.
8. The Uniform Notice of a Low -Voltage Alarm System Project may be submitted
electronically or by facsimile if all submissions are signed by the owner, tenant,
Contractor, or authorized representative of such persons. The Uniform Notice of a
Low -Voltage Alarm System Project shall be in the format prescribed by the Local
Enforcement Agency and must comply with the requirements of s. 553.793(7),
Florida Statutes.
9. The Local Enforcement Agency may coordinate directly with the owner or
customer to inspect a Low -Voltage Alarm System to ensure compliance with
applicable Codes and standards. If a Low -Voltage Alarm System project fails an
inspection, the Contractor must take corrective action as necessary to pass
inspection.
10. A municipality, county, district, or other entity of local government may not adopt
or maintain in effect any ordinance or rule regarding a Low -Voltage Alarm System
project that is inconsistent with this Section.
11. A uniform basic Permit label shall not be required for the subsequent
maintenance, inspection, or service of an alarm system that was permitted in
accordance with this Section.
12. The provisions of this Section are not intended to impose new or additional
licensure requirements on persons licensed in accordance with the applicable
provisions of Chapter 489, Florida Statutes.
Sec. 10-6. Elevator/escalator/boiler and unfired pre -sure vessel fees and fines for non
compliance Floor and Roof Design Loads.
{a) Fees.
r cic cscalator
Elevator/escalator duplicate certificate: $100.00 per elevator/escalator
Elevator/escalator delinquent certificate: $50.00 per elevator/escalator
Temporary certificate of operations• $ 1 00 00 per elevator escalator
Elevator/escalator annual inspection: $200.00 per elevator/escalator
Elevator/escalator re inspection fee: $100.00 per elevator/escalator
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Elevator witness:
One year test: $200.00
Five year test: $250.00
Elevator emergency power/fire recall test: $1,000.00 per test
Elevator/escalator removal fee: $500.00 per elevator/escalator
High precs ire boiler anni ial incpection• $1 ` 5 O0 per boiler
I ow precci ire boiler anni ial incpection• $1 35 O0 per boiler
Water heater anni ial inspection• $85 00 per heater
heater
Miniature boiler annual inspection: $85.00 per boiler
Kettles annual inspection: $85.00 per kettle
Unfired pressure vessel (air compressor) annual inspection: $85.00 per vessel
(b) Fines for non compliance.
Elevator/escalator non compliance fines:
First offense: $250.00 per elevator/escalator
Second offense: $500.00 per elevator/escalator
Third offense: $1,000.00 per elevator/escalator
Boiler, heater and unfired pressure vessel non compliance fines:
Re inspection fee for every two consecutive failed inspection: $50.00
Late fee for past due amounts: $40.00
a. Live loads posted. In commercial or industrial buildings, for each floor or portion thereof
designed for live loads exceeding 50 psf (2.40 kN/m2), such design live loads shall be
conspicuously posted by the owner or the owner's authorized agent in that part of each
story in which they apply, using durable signs. It shall be unlawful to remove or deface
such notices.
b. Issuance of Certificate of Occupancy. A Certificate of Occupancy, required by Section
111, Florida Building Code, shall not be issued until the floor load signs, required by
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Section 106.1, Florida Building Code, have been installed.
c. Restrictions on loading. It shall be unlawful to place, or cause or Permit to be placed, on
any floor or roof of a building, structure or portion thereof, a load greater than is
permitted by this Code.
Sec. 10-7. Minimum requirements for contractors Submittal Documents.
demolished, except for city unsafe structure demolitions, the contractor for such construction
or demolition shall, prior to the commencement of any work, sign a contractor's code of ethics
Ir-v°will be fair honesst, impartial, respect ul an css' nal and act in goo Tth
in all my business relationships with my clients and the public, including
employees, subcontractors and suppliers.
2. I will always act in the interests of the client unless doing so violates an
ordinance, statute or this Code of Ethics.
3. I will not discriminate in any business activities on the basis of race, national
origin, religi gender, sec al o, eetation, frr famlial sstatip r handicap and will
comply with all federal, state and local laws concerning discrimination and fair
housing.
/1 I will be truthful regarding my training, experience, qualifications and services.
5. I will be truthful regarding my licenses and certifications, and will provide
documentation upon request.
6. I will be truthful regarding my bonding and insurance coverage.
7 I will accept only assignments and projects for which my skills and licensing are
commensurate.
8. I will uphold and comply with all applicable statute, laws, ordinances, codes,
and profcssional liccnsing rcquircments of the jurisdiction in which I conduct
busine-c, especially those related to safety.
For any lot or site on which a structure is being built, constructed, or demolished, except for
the commencement of any work, shall provide the following:
{a) A posted notice, not to exceed four square feet, attached to a temporary
construction fence, or staked into the ground, and visible from the public right of
THIS IS AN ACTIVE CONSTRUCTION SITE. THE CONTRACTOR IS [insert contractor]. FOR
ANY PL INTS OR CONCERNS DALE SE C I I {incertt le hon —her] O E MAIL
[inert e mail address].
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A contractor may incorporate this required language into an already existing sign at the lot or
site provided the requirements above are followed.
fictitious name on the notice.
(c) The telephone number provided must be active and answered by a live person
from 9:00 � m to 5:00 r. m on n ieekdays or at any timed gyring active
,
construction activity, whichever is greater.
(d) The e mail address provided must be active and all complaints or concerns
regarding the site acknowledged within 2/1 hours of receipt.
(e) Enforcement of this section shall be as proscribed by chapter 2, article X, Cod°
enforcement and any other remedies as provided by law
Submittal documents consisting of construction documents, statement of Special Inspections,
geotechnical report and other data shall be submitted in two or more sets with each Permit
application. The construction documents shall be prepared by a registered design professional
where required by Chapter 471, Florida Statutes & 61G15 Florida Administrative Code or
Chapter 481, Florida Statutes and 61 G1 Florida Administrative Code. Where special conditions
exist, the Building Official is authorized to
require additional construction documents to be prepared by a registered design professional.
Exception: The Building Official is authorized to waive the submission of construction
documents and other data not required to be prepared by a registered design professional if it
is found that the nature of the work applied for is such that review of construction documents
is not necessary to obtain compliance with this Code. Permits issued under the City of
Miami's Easy Permit Program do not require review of plans.
a. Construction documents. Construction documents shall be in accordance with Sections
107.2.1 through 107.2.6 of this Section.
1. Information on construction documents. Construction documents shall be dimensioned
and drawn upon suitable material. Electronic media documents are permitted to be
submitted where approved by the Building Official. Construction documents shall be of
sufficient clarity to indicate the location, nature and extent of the work proposed and
show in detail that it will conform to the provisions of this Code and relevant laws,
ordinances, rules and regulations, as determined by the Building Official. Such drawings
and specifications shall contain information, in the form of notes or otherwise, as to the
quality of materials, where quality is essential to conformity with the technical Codes.
Such information shall be specific, and the technical Codes shall not be cited as a whole
or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific
information. All information, drawings, specifications and accompanying data shall bear
the name and signature of the person responsible for the design.
2. Fire protection system shop drawings. Shop drawings for the fire protection system(s)
shall be submitted to indicate conformance to this Code and the construction
documents and shall be approved prior to the start of system installation. Shop
drawings shall contain all information as required by the referenced installation
standards in Chapter 9, Florida Building Code.
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3. Means of egress. The construction documents shall show in sufficient detail the location,
construction, size and character of all portions of the means of egress including the path
of the exit discharge to the public way in compliance with the provisions of this Code. In
other than occupancies in Transect Zones T3, T4, and Industrial, the construction
documents shall designate the number of occupants to be accommodated on every
floor, and in all rooms and spaces.
4. Exterior wall envelope. Construction documents for all buildings shall describe the
exterior wall envelope in sufficient detail to determine compliance with this Code. The
construction documents shall provide details of the exterior wall envelope as required,
including flashing, intersections with dissimilar materials, corners, end details, control
joints, intersections at roof, eaves or parapets, means of drainage, water -resistive
membrane and details around openings.
The construction documents shall include manufacturer's installation instructions that provide
supporting documentation that the proposed penetration and opening details described in the
construction documents maintain the weather resistance of the exterior wall envelope. The
supporting documentation shall fully describe the exterior wall system that was tested, where
applicable, as well as the test procedure used.
5. Exterior balcony and elevated walking surfaces. Where balcony or other elevated
walking surfaces are exposed to water from direct or blowing rain or irrigation, and the
structural framing is protected by an impervious moisture barrier, the construction
documents shall include details for all elements of the impervious moisture barrier
system. The construction documents shall include manufacturer's installation
instructions.
6. Site plan. The construction documents submitted with the application for Permit shall be
accompanied by a site plan showing to scale the size and location of new construction
and existing structures on the site, distances from lot lines, the established street grades
and the proposed finished grades and, as applicable, flood hazard areas, floodways,
and design flood elevations; and it shall be drawn in accordance with an accurate
boundary line survey. In the case of demolition, the site plan shall show construction to
be demolished and the location and size of existing structures and construction that are
to remain on the site or plot. The Building Official is authorized to waive or modify the
requirement for a site plan where the application for Permit is for alteration or repair or
where otherwise warranted.
A. Design flood elevations. Where design flood elevations are not specified, they
shall be established in accordance with Section 1612.3.1, Florida Building Code.
B. For the purpose of inspection and record retention, site plans for a building may
be maintained in the form of an electronic copy at the worksite. These plans
must be open to inspection by the Building Official or a duly authorized
representative, as required by the Florida Building Code.
7. Structural information. The construction documents shall provide the information
specified in Section 1603, Florida Building Code.
b. Examination of documents. The Building Official shall examine or cause to be examined
the accompanying submittal documents and shall ascertain by such examinations whether
the construction indicated and described is in accordance with the requirements of this
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Code and other pertinent laws or ordinances.
Exceptions:
Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state -
approved manufactured buildings are exempt from local Codes enforcing agency plan
reviews except for provisions of the Code relating to erection, assembly or construction
at the site. Erection, assembly and construction at the site are subject to local
permitting and inspections. Photocopies of plans approved according to Rule 61-
41.009, Florida Administrative Code, shall be sufficient for local Permit application
documents of record for the modular building portion of the Permit project.
Industrial construction on sites where design, construction and fire safety are
supervised by appropriately licensed design and inspection professionals and which
contain adequate in-house fire departments and rescue squad are exempt, subject to
approval by the Building Official, from review of plans and inspections, providing the
appropriate licensed design and inspection professionals certify that applicable Codes
and standards have been met and supply appropriate approved drawings to local
building and fire -safety inspectors.
1. Approval of construction documents. When the Building Official issues a Permit, the
construction documents shall be approved, in writing or by stamp, as "Reviewed for
Code Compliance." One set of construction documents reviewed shall be retained by
the Building Official. The other set shall be returned to the applicant, shall be kept at the
site of work and shall be open to inspection by the Building Official or a duly authorized
representative.
2. Previous approvals. This Code shall not require changes in the construction documents,
construction or designated occupancy of a structure for which a lawful Permit has been
heretofore issued or otherwise law- fully authorized, and the construction of which has
been pursued in good faith within 180 days after the effective date of this Code and has
not been abandoned.
3. Phased approval. The Building Official is authorized to issue a Permit for the
construction of foundations or any other part of a building or structure before the
construction documents for the whole building or structure have been submitted,
provided that adequate information and detailed statements have been filed complying
with pertinent requirements of this Code. Design professionals willfully signing and
sealing incomplete, underdeveloped and/or uncoordinated construction documents as a
means to circumvent the traditional Permit process, and expedite their project may be
subject to referral to their respective professional board. The holder of such Permit for
the foundation or other parts of a building or structure shall proceed at the holder's own
risk with the building operation and without assurance that a Permit for the entire
structure will be granted. Permits issued in this manner shall be administered through
the City of Miami's Phased Permit Program and are issued at the sole discretion of the
Building Official. Pursuant to Section 10-5 of the City Code, Phased Permits shall expire
in 180 days. The Building Official is authorized to establish and modify administrative
policies and procedures for the Phased Permit Program at any time.
4. Design professional in responsible charge. Where it is required that documents be
prepared by a registered design professional, the Building Official shall be authorized to
require the owner or the owner's authorized agent to engage and designate on the
building Permit application a registered design professional who shall act as the
registered design professional in responsible charge. If the circumstances require, the
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owner or the owner's authorized agent shall designate a substitute registered design
professional in responsible charge who shall perform the duties required of the original
registered design professional in responsible charge. The Building Official shall be
notified in writing by the owner or owner's authorized agent if the registered design
professional in responsible charge is changed or is unable to continue to perform the
duties. Successor registered design professional in responsible charge licensed under
Chapter 471 Florida Statutes shall comply with Section 471.025(4) Florida Statute and
the procedure set forth in 61 G15-27.001 Florida Administrative Code; or licensed under
Chapter 481 Florida Statutes shall comply with Section 481.221(6) Florida Statute and
the procedure set forth in 61 G1-18.002 Florida Administrative Code.
Such written notification shall be in accordance with procedures established by the
Building Official. The registered design professional in responsible charge shall be
responsible for reviewing and coordinating submittal documents prepared by others,
including phased and deferred submittal items, for compatibility with the design of the
building.
A. Deferred submittals. For the purposes of this Section, deferred submittals
are defined as those portions of the design that are not submitted at the time
of the application and that are to be submitted to the Building Official.
Deferral of any submittal items shall have the prior approval of the Building
Official. The registered design professional in responsible charge shall list
the deferred submittals on the construction documents for review by the
Building Official.
Documents for deferred submittal items shall be submitted to the registered
design professional in responsible charge who shall review them and forward
them to the Building Official with a notation indicating that the deferred
submittal documents have been reviewed and found to be in general
conformance to the design of the building. The use of "Reviewed" or similar
notation without qualifying language to indicate that the drawings were found
to be in general conformance to the design of the building shall not be
accepted. The deferred submittal items shall not be installed until the
deferred submittal documents have been approved by the Building Official
and all respective Permits have been issued.
B. Certifications by Contractors authorized under the provisions of Section
489.115(4)(b), Florida Statutes, shall be considered equivalent to sealed
plans and specifications by a person licensed under Chapter 471, Florida
Statutes, or Chapter 481, Florida Statutes, by local enforcement agencies for
plans review for permitting purposes relating to compliance with the wind -
resistance provisions of the Code or alternate methodologies approved by
the Florida Building Commission for one- and two-family dwellings. Local
enforcement agencies may rely upon such certification by Contractors that
the plans and specifications submitted conform to the requirements of the
Code for wind resistance. Upon good cause shown, local government code
enforcement agencies may accept or reject plans sealed by persons
licensed under Chapters 471, 481 or 489, Florida Statutes.
5. Minimum plan review criteria for buildings. The examination of the documents by the
Building Official shall include the following minimum criteria and documents: a floor
plan; site plan; foundation plan; floor/roof framing plan or truss layout; all fenestration
and building envelope penetrations; flashing; and rough opening dimensions; and all
exterior elevations:
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Commercial Buildings:
A. Building:
1. Site requirements:
Parking Fire access
Vehicle loading
Driving/turning radius
Fire hydrant/water supply/post indicator valve (PIV)
Set back/separation (assumed property lines)
Location of specific tanks, water lines and sewer lines
Flood hazard areas, flood zones, and design flood elevations
2. Occupancy group and special occupancy requirements shall be
determined (with cross check with the energy code submittal).
3. Minimum type of construction shall be determined (see Table 503, FBC).
4. Fire-resistant construction requirements shall include the following
Components:
Fire-resistant separations
Fire-resistant protection for type of construction
Protection of openings and penetrations of rated walls
Fireblocking and draftstopping and calculated fire resistance
5. Fire suppression systems shall include:
Early warning smoke evacuation systems
Schematic fire sprinklers
Standpipes
Pre-engineered systems
Riser diagram.
6. Life safety systems shall be determined and shall include the following
requirements:
Occupant load and egress capacities
Early warning
Smoke control
Stair pressurization
Systems schematic
7. Occupancy load/egress requirements shall include:
Occupancy load
Gross
Net
Means of egress
Exit access
Exit
Exit discharge
Stairs construction/geometry and protection
Doors
Emergency lighting and exit signs
Specific occupancy requirements
Construction requirements
Horizontal exits/exit passageways
8. Structural requirements shall include:
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Soil conditions/analysis
Termite protection
Design loads
Wind requirements
Building envelope compliance statement
Impact resistant coverings or systems
Structural calculations (if required)
Foundation
Flood requirements in accordance with Section 1612, including lowest
floor elevations, enclosures, flood damage- resistant materials
Wall systems
Floor systems
Roof systems
Threshold inspection plan (if required)
Special Inspector request form
Stair systems
9. Materials shall be reviewed and shall at a minimum include the following:
Wood
Steel
Aluminum
Concrete
Plastic
Glass
Masonry
Gypsum board and plaster Insulating (mechanical)
Roofing
Insulation
Building envelope portions of the Energy Code (including calculation and
mandatory requirements)
10. Accessibility requirements shall include the following:
Site requirements
Accessible route
Vertical accessibility
Toilet and bathing facilities
Drinking fountains
Equipment
Special occupancy requirements
Fair housing requirements
Interior requirements shall include the following:
Interior finishes (flame spread/smoke development)
Light and ventilation (including corresponding portion of the energy
Code)
Sanitation
11. Special systems:
Elevators
Escalators
Lifts
12. Swimming pools:
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Barrier requirements
Spas
Wading pools
13. Location and installation details. The specific location and installation
details of each fire door, fire damper, ceiling damper and smoke damper
shall be shown and properly identified on the building plans by the
designer.
14. Miscellaneous drainage: balconies, decks
B. Electrical:
1. Electrical:
Wiring
Services
Feeders and branch circuits
Overcurrent protection
Grounding
Wiring methods and materials
GFCIs
Electrical portions of the Energy Code (including calculation and
mandatory requirements)
2. Equipment
3. Special occupancies
4. Emergency systems
5. Communication systems
6. Low voltage
7. Load calculations
8. Design flood elevation
C. Plumbing:
1. Minimum plumbing facilities
2. Fixture requirements
3. Water supply piping
4. Sanitary drainage
5. Water heaters
6. Vents
7. Roof drainage
8. Back flow prevention
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9. Irrigation
10. Location of water supply line
11. Grease traps
12. Environmental requirements
13. Plumbing riser
14. Design flood elevation
15. Water/plumbing portions of the Energy Code (including calculation and
mandatory requirements)
D. Mechanical:
1. Mechanical portions of the Energy calculations
2. Exhaust systems: clothes dryer exhaust, kitchen equipment exhaust,
specialty exhaust systems
3. Equipment
4. Equipment location
5. Make-up air
6. Roof -mounted equipment
7. Duct systems
8. Ventilation
9. Combustion air
10. Chimneys, fireplaces and vents
11. Appliances
12. Boilers
13. Refrigeration
14. Bathroom ventilation
15. Laboratory
16. Design flood elevation
17. Smoke and/or Fire Dampers
E. Gas:
1. Gas piping
2. Venting'
3. Combustion air
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4. Chimneys and vents
5. Appliances
6. Type of gas
7. Fireplaces
8. LP tank location
9. Riser diagram/shutoffs
10. Design flood elevation
11. Gas portions of the Energy Code (including calculation and mandatory
requirements)
F. Demolition: Asbestos removal
G. Residential (one- and two-family):
1. Site requirements:
Set back/separation (assumed property lines)
Location of septic tanks
2. Fire-resistant construction (if required)
3. Fire
4. Smoke and/or carbon monoxide alarm/detector locations
5. Egress: egress window size and location, stairs construction
requirements
6. Structural requirements shall include:
Wall Section from foundation through roof, including assembly and
materials connector tables wind requirements structural calculations (if
required)
Termite protection
Design loads
Wind requirements
Building envelope
Foundation
Wall systems
Floor systems
Roof systems
Flood hazard areas, flood zones, design flood elevations, lowest floor
elevations, enclosures, equipment, and flood damage- resistant materials
7. Accessibility requirements: show/identify accessible bath
8. Impact resistant coverings or systems
9. Residential Energy Code submittal (including calculation and mandatory
requirements)
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H. Manufactured buildings/housing:
1. Site plan requirements:
Setback/separation (assumed property lines)
Location of septic tanks (if applicable)
ADA accessibility features
Location of water source and supply line
Location of sanitary sewer line
Location of electric utility power in relation to service point connection
2. Structural:
Manufacturer's (DCA) certification letter
Wind zone
Anchoring.
Blocking
3. Plumbing:
List potable water source and meter size (if applicable)
4. Mechanical:
Exhaust systems
Clothes dryer exhaust
Kitchen equipment exhaust
5. Electrical:
Exterior disconnect location
I. Exemptions: Plans examination by the Building Official shall not be required for
the following work:
1. Replacing existing equipment such as mechanical units, water heaters,
etc.
2. Minor electrical, plumbing and mechanical repairs for one- and two-family
dwellings
3. Annual maintenance Permits
4. Prototype plans: except for local site adaptations, siding, foundations
and/or modifications and except for structures that require waiver.
5. Manufactured buildings plan except for foundations and modifications of
buildings on site and as listed above in manufactured buildings/housing.
6. Permits issued under the City of Miami's Easy Permit Program do not
require review of plans.
7. Scope of work statement. Plans for new construction, additions, and alterations
exceeding $25,000 construction cost or as required by the Building Official, shall
include a detailed scope of work statement positioned prominently on the drawings,
reflecting the work for each trade. The statement shall be in narrative form, or a
combination of tabular form and narrative, and shall describe, in detail, the major
Components of the proposed work. The Building Official shall be entitled to rely on
the accuracy and completeness of the statement and shall compare it to the plans
as part of the plan review criteria.
8. Labeling of documents. To provide consistency across all drawings submitted to the
Local Enforcement Agency, drawings shall be labeled in accordance with the
following standards:
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A. Drawings shall not be labeled "Not For Construction" or with any other phrase
conveying the same meaning.
B. Drawings shall not be labeled "For Reference Only" unless they are intended for
one of the following purposes:
i. To serve as a key plan, identifying the location of the proposed work within
the site.
ii. To provide contextual information, such as relating a shop drawing to a master
plan.
iii. To indicate that a portion of the proposed work was previously approved.
9. Design professional's response narrative.
Upon examination and disapproval of the plans and/or documents, the Building
Official may require from the design professional in responsible charge a written
response to address each specific reason for the disapproval. This itemized, written
response shall be submitted signed, sealed and dated by the professional on the
professional's official stationery.
Failure to submit the response narrative, if required to do so, will be cause for a
subsequent rejection of the plans.
Replies submitted by anyone through or within the City of Miami's electronic plan
review platform shall not be a substitute for this requirement.
c. Amended construction documents. Work shall be installed in accordance with the
approved construction documents, and any changes made during construction that are not
in conformance with the approved construction documents shall be resubmitted for
approval as an amended set of construction documents. Should such changes to the
approved construction documents be found to be in violation of the Florida Building Code
or any federal, state, or local regulations, the work depicted by said changes shall be
removed.
d. Retention of construction documents. One set of approved construction documents shall
be retained by the Building Official for a period of not less than 180 days from date of
completion of the permitted work, or as required by state or local laws.
e. Affidavits. The Building Official may accept a sworn affidavit from a registered architect or
engineer stating that the plans submitted conform to the technical codes. For buildings and
structures, the affidavit shall state that the plans conform to the laws as to egress, type of
construction and general arrangement and, if accompanied by drawings, show the
structural design and that the plans and design conform to the requirements of the
technical codes as to strength, stresses, strains, loads and stability. The Building Official
may without any examination or inspection accept such affidavit, provided the architect or
engineer who made such affidavit agrees to submit to the Building Official copies of
inspection reports as inspections are performed and upon completion of the structure,
electrical, gas, mechanical or plumbing systems a certification that the structure, electrical,
gas, mechanical or plumbing system has been erected in accordance with the
requirements of the technical codes. Where the Building Official relies upon such affidavit,
the architect or engineer shall assume full responsibility for compliance with all provisions
of the technical codes and other pertinent laws or ordinances. The Building Official shall
ensure that any person conducting plans review is qualified as a plans examiner under
Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is
qualified as a building inspector under Part XII of Chapter 468, Florida Statutes.
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1. Building Permits issued in flood hazard areas on the basis of an affidavit. Pursuant to
the requirements of federal regulation for participation in the National Flood Insurance
Program (44 C.F.R. Parts 59 and 60), the authority granted to the Building Official to
issue Permits, to rely on inspections, and to accept plans and construction documents
on the basis of affidavits and plans submitted pursuant to Sections 105.14 and 107.6,
shall not extend to the flood load and flood -resistance construction requirements of the
Florida Building Code.
f. If the local Building Official or inspector finds that the plans are not in compliance with the
Florida Building Code, the local Building Official or inspector shall identify the specific plan
features that do not comply with the applicable Codes, identify the specific Code
Chapters, Divisions and Sections upon which the finding is based, and provide this
information to the local enforcing agency. If the Building Official, plans examiner, or
inspector requests another local enforcing agency employee or a person contracted by
the local enforcing agency to review the plans and that employee or person identifies
specific plan features that do not comply with the applicable Codes, the Building Official,
plans examiner, or inspector must provide this information to the local enforcing agency.
The local enforcing agency shall provide this information to the Permit applicant.
Sec. 10-8. — Emergency plans and emergency preparedness mead Tres required for curtain
buildings Temporary Structures and Uses.
(a-) {poses of this section, the term "facility" shall mean community residential
homes licensed under F.S. ch. /119, assisted living facilities licensed under F.S. ch.
n2a and nursing homes licensed under F.S. c-h. 'l'ln which caterer +o +he elderly
(b) Any facilities located in the city shall prepare and annually update a comprehensive
emergency management plan ("plan"). At a minimum, the plan must provide for
arrangements; post disaster activities, including provisions for emergency power
generators with sufficient capacity to power the facility's fixed or portable heating,
ventilation and air conditioning ("HVAC") system in order to maintain an ambient
temperature of 81 degrees or le--c in one or more designated rooms for a period of a
minimum of 96 hours in the event of the logic of electrical power after the foreseeable
disaster passes; fuel to ri ire the generator(s) fora minima im of 72 hoi arso ' e whether stored
cntircly on sits or providcd for by periodic dclivcrics contractcd for in advance of the
start of hurricane season each year; bottled or potable water; food when the facility
provides food to its residents on a daily basis in the normal course of the facility's
operations; staffing; and when the facility provides custodial care, medical, or assisted
living services it shall provide for individual Identification of residents, transfer of
records, and communication with families (subject to residents' written consent and
controlling regulations [(e.g. HIPAA)]. The plan is subject to review and approval by the
city's emergency manager which shall not be unreasonably withheld. During the review
of the plan, the emergency manager will complete his or her review within 60 days and
cithcr approvc thc plan or advice thc facility of ncccscary revisions.
(c) Any existing facility shall comply with the provisions of this section within 90 days of
reasonable efforts to retrofit existing facilities shall be made. Notwithstanding the
foregoing, if it is not practicable or feasible to install the required generator(s) on site of
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an existing facility then Oho operator may contract with a third party vendor for a
portable generator(s) in the event of a foreseeable disaster. The foregoing provision
for the installation and/or placement of the temporary and/or permanent generator(s)
arc subjcct to approval by all appropriate governmental agencies and/or departments.
i ice or a temporary certificate of i ice until the provisions of this section have been
satisfied.
(e) Compliance with these requirements for such facilities shall be mandatory.
(f)
(g)
Facilities shall be equipped with generators that are able to power essential services
as sct forth in subscction (a), including but not limited to, elevators, lights, emergency
facility. Designated Room(s) means a public, common, or private space which can
disaster.
Notwithstanding any requirement mentioned herein, facility staff are to be on site within
2'l hourss ^f�f a foresseeable disasster,, orras rsoon a caf , posssiblle, uniiecss trhi-ey are
required to remain at the facility. This does not negate the requirement to have staff on
site and available to run the required generator(s) and other life safety necessities.
(h) If the facility requires additional time to process and submit all the requested
180 days. If the process is not completed within the two 180-day periods provided
(i)
{J)
cannot be processed on that property for 30 days.
Such review costs shall be as stated by the City Code, as amended.
A violation of this section may be enforced pursuant to the provisions proscribed
in ap cle Y ^f City (`ode d any ^ r r e s provided by law
including but not limited to, an action for injunctive relief in the circuit court. The use of
one remedy shall not preclude the use of another. If the violator is found to have violated
this article, the code enforcement board may impose a fine not to exceed $500.00 per
day per violation for a first occurrence and a fine not to exceed $1,000.00 per day per
violation for each repeated violation. Such fines shall continue to accrue so long as the
violation continues to exist on the property as per the provisions of sections 2
811 through 2 820 of this Code, as amended. Furthermore, the property may be subject
to losing its certificate of use and/or busine-s tax receipt pursuant to sections 2 211, 31
it Q and 31 nQ of tttl yCode� as-ammended.
a. General. The Building Official is authorized to issue a Permit for temporary structures and
temporary uses. Such Permits shall be limited as to time of service but shall not be
permitted for more than 180 days. The Building Official is authorized to grant extensions
for demonstrated cause.
b. Conformance. Temporary structures and uses shall comply with the requirements in
Section 3103, Florida Building Code.
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c. Temporary power. The Building Official is authorized to give permission to temporarily
supply and use power in part of an electric installation before such installation has been
fully completed and the final Certificate of Completion has been issued. The part covered
by the temporary certificate shall comply with the requirements specified for temporary
lighting, heat or power in NFPA 70.
d. Termination of approval. The Building Official is authorized to terminate such Permit for a
temporary structure or use and to order the temporary structure or use to be discontinued.
Sec. 10-9. _Failure to acquire required permit(s); securing of constructions sites when under
emergency weather warning(s) or watch(es); environmental violations; stop work order;
penalties Fees.
(a)
Stop work order. A stop work order shall be issued by the building official when the
same-barsed uponyiolationns oft City Cove e, t-lae-M 2-1 Code or any other law
This may include, but is not limited to, work without a permit, work done contrary to
approved plans, and work that is being conducted in a dangerous or unsafe manner.
(b) City permit holders.
{1) It is a condition of every permit issued by the city that the permit site be
maintained free from any violations of the City Code.
{2) All city permit holders are required to secure their construction sites when an
emergency warning or watch as is relates to weather phenomena or any other
warning or watch for which an unsecured construction site could become
detrimental to the health, safety, and welfare of the community has been
declared affecting the city.
{3)
All city permit holders are required to secure the construction sites and
surrounding areas as required by the department of resilience and public works
from actions including, but not limited to, soil erosion, discharge of water or
sediments into the storm drains or waterways, discharge of waste water from
cxcavations into the storm drains or watcrways, and discharge of oils or oil
compounds into the storm drains or waterways.
(c) Penalties. Violator(s) are subject to any or all of the following:
{1) A stop work order shall be issued by the building official until such time as the
violation has been remedied.
{2) Enforcement pursuant to chapter 2, article X of the City Code wherein each
violation shall carry with it a ticketed fine of up to $500.00, or as determined by
the city manager, plus costs as determined by the city manager for each day
the permitted property is in violation and/or may also be issued a notice of
vi'iolationn pursuant to cFapter2,articl X of the City Code for furtcrhrer action..
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{3)
No permit application will be approved unless the applicant and/or owner have
no open cases or pending fines, debts, or delinquencies related to City Code
violationsunless the open cases will be cured by the provided plans submitted
for permit.
Enforcement by one method does not preclude enforcement by any other
means allowable by law.
(5) Exemption Governmental departments agencies or entities are exempt from
this section; however, the exemption shall not apply to any independent
contractor or vendor working on their behalf.
a. Payment of Fees. A Permit shall not be valid until the fees prescribed by law have been
paid, nor shall an amendment to a Permit be released until the additional fee, if any, has
been paid.
b. Schedule of Permit fees. On buildings, structures, electrical, gas, mechanical, and
plumbing systems or alterations requiring a Permit, a fee for each Permit shall be paid as
required, in accordance with the schedule as established by the applicable governing
authority.
1. Types of Fees Enumerated. Fees may be charged for but not limited to the
following:
A. Permits;
B. Plans examination;
C. Certificates of competency (including fees for applications, examinations,
renewal, late renewal, and reciprocity);
D. Re -inspections;
E. Administrative fees (including fees for investigative and legal costs incurred in the
context of certain disciplinary cases heard by the professional disciplinary board);
F. Variance requests;
G. Administrative appeals;
H. Violations; and
iL Other fees as established by local resolution or ordinance.
c. Building Permit valuations. The applicant for a Permit shall provide an estimated Permit
value at time of application. Permit valuations shall include total value of work, including
materials and labor, for which the Permit is being issued, such as electrical, gas,
mechanical, plumbing equipment and permanent systems. If, in the opinion of the Building
Official, the valuation is underestimated on the application, the Permit shall be denied,
unless the applicant can show detailed estimates to meet the approval of the Building
Official. Final building Permit valuation shall be set by the Building Official.
d. Additional Fees for Work Commencing Prior to Permit . Any person who commences any
work on a building, structure, electrical, gas, mechanical or plumbing system before
obtaining the necessary Permits or without prior approval from the Building Official as
permitted in Section 10.5.2.2 or 10.5.12, are subject to additional fees pursuant to Section
10-18 of the City Code. The payment of the fees shall not relieve any person, firm, or
corporation from fully complying with all the requirements of all applicable regulations and
Codes, nor shall it relieve them from being subject to any of the penalties therein. The fee
requirement shall apply to all trade divisions of the Building Department. This provision
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shall not apply to emergency work when delay would clearly have placed life or property
in imminent danger. But in all such cases the required Permit(s) must be applied for within
three (3) business days. The payment of the aforementioned fees shall not preclude or be
deemed a substitute for prosecution for commencing work without first obtaining a Permit.
The Building Official may grant extensions of time or waive fees when justifiable cause
has been demonstrated in writing, or as provided by local ordinance.
e. Related fees. The payment of the fee for the construction, alteration, removal or demolition
for work done in connection to or concurrently with the work authorized by a building
Permit shall not relieve the applicant or holder of the Permit from the payment of other fees
that are prescribed by law.
f. Refunds. The Building Official is authorized to establish a refund policy.
Sec. 10-10. - R ed Inspections.
a. In General. Construction or work for which a Permit is required shall be subject to
inspection by the Building Official and such construction or work shall remain exposed
and provided with access for inspection purposes until approved. Approval as a result of
an inspection shall not be construed to be an approval of a violation of the provisions of
this Code or of other ordinances of the jurisdiction. Inspections presuming to give
authority to violate or cancel the provisions of this Code or of other ordinances of the
jurisdiction shall not be valid. It shall be the duty of the owner or the owner's authorized
agent to cause the work to remain exposed and provided with access for inspection
purposes. The Building Official shall be permitted to require a boundary line survey
prepared by a Florida licensed professional surveyor and mapper whenever the
boundary lines cannot be readily determined in the field. Neither the Building Official nor
the jurisdiction shall be liable for expense entailed in the removal or replacement of any
material required to allow inspection.
1. Manufacturers and fabricators. When deemed necessary by the Building Official,
they shall make, or cause to be made, an inspection of materials or assemblies at
the point of manufacture or fabrication. A record shall be made of every such
examination and inspection and of all violations of the technical codes.
2. Preliminary inspection. Before issuing a Permit, the Building Official is authorized to
examine or cause to be examined buildings, structures and sites for which an
application has been filed.
b. Pre -construction meeting. The Building Official may require a pre -construction meeting
as a pre -requisite to the issuance of a Permit for any building or project, at their
discretion. The Permit shall not be issued until this requirement has been satisfied. The
time and location of the meeting shall be established by the Building Official, and shall
include, at a minimum, the design professionals in responsible charge, the qualifying
general Contractor, qualifying subContractors, the owner or their corporate
representatives, and if applicable, Private Providers performing inspections under
Section 553.791, Florida Statutes, and the threshold building inspector. If authorized in
advance by the Building Official. The above -mentioned attendees may be substituted
with approved surrogates.
The purpose of the pre -construction meeting is to:
1. Establish a clear understanding of the duties and responsibilities of all parties.
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2. Review the Building Official's performance expectations for the project.
3. Formally review the department's inspections scheduling procedures.
4. Explain and reinforce department guidelines for Special Inspectors and Private
Providers.
5. Discuss other matters as appropriate.
c. Required inspections. The Building Official upon notification from the Permit holder or
their agent shall make the following inspections, or any other such inspection as
deemed necessary and shall either release that portion of the construction or shall notify
the Permit holder or their agent of any violations which must be corrected in order to
comply with the technical Codes. The Building Official shall determine the timing and
sequencing of when inspections occur and what elements are inspected at each
inspection. Under no conditions can an inspection occur without a valid Permit in place
for the work or Components of work to be inspected. It is the responsibility of the
approved inspection agency to ensure compliance.
d. Building
1. Foundation inspection. To be made after trenches are excavated, any required
reinforcing steel is in place, forms erected and shall at a minimum include the
following building Components:
A. Stem -wall
B. Monolithic slab -on -grade
C. Piling/pile caps
D. Footers/grade beams
Slab Inspection: Concrete slab and under -floor inspections shall be made
after in -slab or under -floor reinforcing steel and building service
equipment, conduit, piping accessories and other ancillary equipment
items are in place, but before any concrete is placed or floor sheathing
installed, including the subfloor.
ii A foundation/form board survey prepared and certified by a Florida
licensed professional surveyor and mapper may be required, prior to
approval of the slab inspection. The survey shall certify placement of the
building on the site, illustrate all surrounding setback dimensions and
shall be available at the job site for review by the building inspector. In
lieu of providing a survey, the Contractor may elect to uncover all
property line markers and string -up all property lines in preparation for
inspection.
Hi. In flood hazard areas, upon placement of the lowest floor, including
basement, and prior to further vertical construction, the elevation
certification shall be submitted to the authority having jurisdiction.
2. Framing inspection. To be made after the roof, all framing, fireblocking and
bracing is in place, all concealing wiring, all pipes, chimneys, ducts and vents
are complete and the rough electrical, plumbing, heating wires, pipes and ducts
are approved and shall at a minimum include the following building Components:
A. Window/door framing
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B. Window U-factor/SHGC (as indicated on approved energy calculations)
C. Vertical cells/columns
D. Lintel/tie beams
E. Framing/trusses/bracing/connectors (including truss layout and
engineered drawings
F. Draftstopping/fireblocking
G. Curtain wall framing
H. Energy insulation (Insulation R-factor as indicated on approved energy
calculations)
I. Accessibility
J. Verify rough opening dimensions are within tolerances.
K. Window/door buck attachment
i. Insulation Inspection: To be made after the framing inspection is
approved and the insulation is in place, according to approved energy
calculation submittal. Includes wall and ceiling insulation.
ii. Lath and gypsum board inspection for fire -resistance rated or shear
assemblies. Lath and gypsum board inspections shall be made after
lathing and gypsum board, interior and exterior, is in place, but before
ant plastering is applied or gypsum board joints and fasteners are
taped and finished.
3. Sheathing inspection. To be made either as part of a dry -in inspection or done
separately at the request of the Contractor after all roof and wall sheathing and
fasteners are complete and shall at a minimum include the following building
Components:
A. Roof sheathing
B. Wall sheathing
C. Continuous air barrier
D. Exterior siding/cladding
E. Sheathing fasteners
F. Roof/wall dry -in
NOTE: Sheathing fasteners installed and found to be missing the structural member
(shiners) shall be removed and properly reinstalled prior to installation of the dry -in
material.
4. Exterior wall coverings. Shall at a minimum include the following building Components
in progress inspections:
A. Exterior wall coverings and veneers
B. Soffit coverings
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5. Roofing inspection. Shall at a minimum be made in at least two inspections and
include the following building Components:
6. Flashing
A. Dry -in
B. Insulation
C. Roof coverings (including In Progress as necessary)
D. Insulation on roof deck (according to submitted energy
calculation)
A. Re -roof sheathing inspection. An affidavit with a notarized
signature of a state or locally licensed roofing Contractor for the
installation of additional sheathing fasteners as required by the
Existing Building Code may be accepted at the discretion of the
Building Official.
7. Final inspection. To be made after the building is completed and ready for occupancy.
In flood hazard areas, as part of the final inspection, a final certification of the lowest
floor elevation or the elevation to which a building is dry floodproofed, as applicable,
shall be submitted to the authority having jurisdiction.
8. Swimming pool inspection. First inspection to be made after excavation and
installation of reinforcing steel, bonding and main drain and prior to placing of
concrete.
A. Steel reinforcement inspection
B. Underground electric inspection
C. Underground piping inspection including a pressure test.
D. Underground electric inspection under deck area (including the
equipotential bonding)
E. Underground piping inspection under deck area
F. Deck inspection: to be made prior to installation of the deck material (with
forms, deck drains, and any reinforcement in place.
G. Safety Inspection; Made prior to filling the pool with the bonding
connections made, the proper drain covers installed and the final barriers
installed.
H. Final pool piping
I. Final Electrical inspection
J. Final inspection to be made when the swimming pool is complete and all
required enclosure requirements are in place.
In order to pass final inspection and receive a certificate of completion, a residential
swimming pool must meet the requirements relating to pool safety features as
described in Section 454.2.17, Florida Building Code.
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9. Demolition inspections. First inspection to be made after all utility connections have
been dis-connected and secured in such manner that no unsafe or unsanitary
conditions shall exist during or after demolition operations. Final inspection to be
made after all demolition work is completed.
10. Manufactured building inspections. The building department shall inspect construction
of foundations; connecting buildings to foundations; installation of parts identified on
plans as site installed items, joining the modules, including utility cross- overs; utility
connections from the building to utility lines on site; and any other work done on site
which requires compliance with the Florida Building Code. Additional inspections may
be required for public educational facilities (see Section 453.27.20 of this Code).
11. Where impact -resistant coverings or impact -resistant systems are installed, the
Building Official shall schedule adequate inspections of impact- resistant coverings or
impact -resistant systems to determine the following:
A. The system indicated on the plans was installed.
B. The system is installed in accordance with the manufacturer's
installation instructions and the product approval.
e. Electrical
1. Underground inspection. To be made after trenches or ditches are excavated,
conduit or cable installed, and before any backfill is put in place.
2. Rough -in inspection. To be made after the roof, framing, fireblocking and bracing is
in place and prior to the installation of wall or ceiling membranes.
3. Final inspection. To be made after the building is complete, all required electrical
fixtures are in place and properly connected or protected, and the structure is ready
for occupancy.
4. Existing Swimming Pools. To be made after all repairs or alterations are complete,
all required electrical equipment, GFCI protection, and equipotential bonding are in
place on said alterations or repairs.
f. Plumbing
1. Underground inspection. To be made after trenches or ditches are excavated, piping
installed, and before any backfill is put in place.
2. Rough -in inspection. To be made after the roof, framing, fireblocking and bracing is
in place and all soil, waste and vent piping is complete, and prior to this installation
of wall or ceiling membranes.
Includes plumbing provisions of the energy Code and approved energy calculation
provisions.
3. Final inspection. To be made after the building is complete, all plumbing fixtures are
in place and properly connected, and the structure is ready for occupancy.
Note: See Section 312 of the Florida Building Code, Plumbing for required tests.
g_ Mechanical
1. Underground inspection. To be made after trenches or ditches are excavated,
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underground duct and fuel piping installed, and before any backfill is put in place.
2. Rough -in inspection. To be made after the roof, framing, fireblocking and bracing
are in place and all ducting, and other concealed Components are complete, and
prior to the installation of wall or ceiling membranes.
Includes mechanical provisions of the energy code and approved energy
calculation provisions.
3. Final inspection. To be made after the building is complete, the mechanical system
is in place and properly connected, and the structure is ready for occupancy.
h. Gas
1. Rough piping inspection. To be made after all new piping authorized by the Permit has
been installed, and before any such piping has been covered or concealed or any
fixtures or gas appliances have been connected.
Includes gas provisions of the energy Code and approved energy calculation provisions.
2. Final piping inspection. To be made after all piping authorized by the Permit has been
installed and after all portions which are to be concealed by plastering or otherwise have
been so concealed, and before any fixtures or gas appliances have been connected.
This inspection shall include a pressure test.
3. Final inspection. To be made on all new gas work authorized by the Permit and such
portions of existing systems as may be affected by new work or any changes, to ensure
compliance with all the requirements of this Code and to assure that the installation and
construction of the gas system is in accordance with reviewed plans.
i. Site Debris: The Contractor and/or owner of any active or inactive construction project
shall be responsible for the clean-up and removal of all construction debris or any other
miscellaneous discarded articles during the course of the construction project and prior
to receiving final inspection approval. Construction job sites must be kept clean and in a
safe condition at all times; including, but not limited to, the proper storage and removal of
human excreta as defined under Chapter 49 of the City Code. Any violation thereof may
result in the issuance of a Stop Work Order or denial of the issuance of a Certificate of
Completion or Temporary Certificate of Completion. All debris shall be kept in such a
manner as to prevent it from being spread by any means.
L Footing and foundation inspection. Footing and foundation inspections shall be made
after excavations for footings are complete and any required reinforcing steel is in place.
For concrete foundations, any required forms shall be in place prior to inspection.
Materials for the foundation shall be on the job site, except where concrete is ready
mixed in accordance with ASTM C 94, the concrete need not be on the job.
k. Concrete slab and under -floor inspection. Concrete slab and under -floor inspections
shall be made after in -slab or under -floor reinforcing steel and building service
equipment, conduit, piping accessories and other ancillary equipment items are in place,
but before any concrete is placed or floor sheathing installed, including the subfloor.
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I. Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor,
including the basement, and prior to further vertical construction, the elevation
certification required in Section1612.4, Florida Building Code and Section R322 of the
Florida Building Code, Residential, shall be submitted to the Building Official.
m. Frame inspection. Framing inspections shall be made after the roof deck or sheathing,
all framing, fireblocking and bracing are in place and pipes, chimneys and vents to be
concealed are complete and the rough electrical, plumbing, heating wires, pipes and
ducts are approved.
n. Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and
gypsum panel product inspections shall be made after lathing, gypsum board and
gypsum panel products, interior and exterior, are in place, but before any plastering is
applied or gypsum board and gypsum panel product joints and fasteners are taped and
finished.
Exception: Gypsum board and gypsum panel products that are not part of a fire -
resistance -rated assembly or a shear assembly.
o. Weather -exposed balcony and walking surface waterproofing. Where balcony or other
elevated walking surfaces are exposed to water from direct or blowing rain, or irrigation,
and the structural framing is protected by an impervious moisture barrier, all elements of
the impervious -moisture -barrier system shall not be concealed until inspected and
approved.
Fire and smoke -resistant penetrations. Protection of joints and penetrations in fire-
resistance- rated assemblies, smoke barriers and smoke partitions shall not be
concealed from view until inspected and approved.
g_ Energy efficiency inspections. Inspections shall be made to determine compliance with
FBC, Energy Conservation and confirm with the approved energy code submittal (by
appropriate trade) and corresponding mandatory requirements and shall include, but not
be limited to, inspections for: corresponding envelope insulation R- and U-values,
fenestration U-value, and Solar Heat Gain Coefficient, duct system R-value, and HVAC,
lighting, electrical and water -heating equipment efficiency.
r. Other inspections. In addition to the inspections specified in Sections 110.3 through
110.3.8, Florida Building Code or Sections 10-10(j) through (q) of this Code, the
Building Official is authorized to make or require other inspections of any construction
work to ascertain compliance with the provisions of this Code and other laws that are
enforced by the Department.
s. Special Inspections. For the purpose of this Section, a Special Inspection is defined as
the inspection of construction requiring the expertise of an approved Special Inspector
in order to ensure compliance with this Code and the approved construction documents.
Special Inspections fall into two categories:
1. Continuous Special Inspection, for which the Special Inspector must be present
continuously when and where the work to be inspected is being performed.
2. Periodic Special Inspection, for which the Special Inspector may be intermittently
present where the work to be inspected has been or is being performed. The nature
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of the work inspected shall dictate the method of inspection to be performed by the
Special Inspector.
3. Special Inspector: A Florida -registered architect or engineer retained by the owner
to provide professional services consisting of observation and inspection of
construction for conformance with the Permit documents and the Florida Building
Code.
4. The Building Official shall require Special Inspections for the following:
A. The compaction of fill under slabs on grade.
B. The installation of structural piles.
C. The construction of reinforced masonry structures.
D. Welding and high -strength bolting.
E. The fabrication and installation of curtain wall systems on threshold
buildings.
F. The fabrication and installation of structural glazed panels.
G. Hoisting, erection and bracing of trusses over 35 feet in length or 6 feet
in height.
H. Structural inspections on threshold buildings pursuant to Section 110.8,
Florida Building Code or Section 10-10(20) of this Code.
5. When one or more of the following conditions exist the Building Official is
authorized to require a Special Inspector for the inspection of the exterior cladding,
firestopping, railings and safeguards, framing, roofing or any part of the building,
except that inspections of plumbing, electrical or mechanical systems, inspections
of required features of handicap accessibility and final inspections shall not be
performed by a Special Inspector:
A. The building is of unusual size or height, or
B. The method of design or construction is unusual or complex, or
C. The method or pace of the construction requires continuous
inspection, or the construction item to be inspected requires
specialized expertise, or
D. In the opinion of the Building Official, additional inspections are
required in order to ensure compliance with the Florida Building Code.
6. Prior to issuance of the Permit and for cases governed by this Section above, the
Building Official shall require that each Special Inspector be certified by the Miami -
Dade County Board of Rules and Appeals as a Special Inspector in compliance with
Section 8-4 of the Miami -Dade County Code. Such Special Inspector(s) shall be a
Florida -registered architect or engineer and shall be qualified by training and
experience to perform the inspections for which they will be retained. Any and all
inspections required and authorized to be performed by a Special Inspector pursuant
to this Section shall be performed by persons who shall have the knowledge,
expertise, and if required the appropriate licensing board's certification related to the
specialty or discipline involved in the inspection.
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7. The Building Official shall specify the scope and nature of the inspections to be
performed or shall require that the Architect or Engineer of Record submit an
inspection plan for approval. The Special Inspector or their duly authorized
representative shall make all inspections in accordance with the approved inspection
plan.
8. The Building Official shall be promptly informed of the results of all inspections in
reports signed by the Special Inspector(s). Prior to the issuance of a Certificate of
Occupancy, each Special Inspector shall submit to the Building Official a statement
indicating the scope of his inspections and attesting that, to the best of his knowledge,
belief and professional judgment, the work is in substantial compliance with the Permit
documents.
9. Special Inspectors shall be responsible to the Building Official. The Building Official
shall periodically visit the construction site to monitor, review, evaluate and approve
the work of the Special Inspector(s). The Building Official is empowered to direct, as
necessary, the work of the Special Inspector(s) and may, at any time, remove a
Special Inspector for failure to perform their duties in accordance with the provisions of
this Section. In that event, the Building Official may also require or Permit the owner,
within such time as the Building Official may reasonably establish, to employ an
alternate Special Inspector.
10. The Building Official may conduct mandatory inspections as required herein through a
Special Inspector subject to the limitations given in Section 110.3.10, Florida Building
Code.
11. Duties and responsibilities. The Special Inspector shall not perform inspections for
any work, or any component of the work, that does not have a valid Permit. If
unpermitted construction is discovered, the Special Inspector shall notify the Building
Official immediately as a matter of public safety, and inspection services shall cease until
the proper Permits have been acquired. Any Special Inspector knowingly conducting
inspections on projects without the requisite Permits may be referred to their respective
professional board for disciplinary review in accordance with Section 553.79, Florida
Statutes. Any safety issues shall immediately be reported to the Building Official, and
any other enforcement agency having jurisdiction over the matter.
12. Inspection documents. The Special Inspector shall maintain at the job site a complete
record of all inspections performed and shall make it available at all times for review by
the Building Official. The collective record of inspections shall be known as the
inspection log.
A. Inspection reports shall be legible and shall clearly identify, in detail, the
exact areas and/or items inspected.
B. Each individual inspection report shall be signed by the person who
performed the inspection. Example: If the Special Inspector performs
the inspection, then they must sign the report. If the Special Inspector's
duly authorized representative performs the inspection, then they shall
be the party to sign the inspection report, but the Special Inspector may
also co-sign the document at their discretion.
C. The inspection log shall be maintained in good condition, in one or more
binders, and shall be organized by date and separated by trade.
Individual reports must be numbered sequentially or otherwise labeled
to follow a chronological order. As the construction progresses, and
upon completion of the project, the Building Official shall be able to
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determine from the inspection log itself that all areas and/or
Components of the project that were completed have been inspected
and approved.
13. Final inspection. The final inspection shall be made after all work required by the
building Permit is completed.
A. Flood hazard documentation. If located in a flood hazard area,
documentation of the elevation of the lowest floor as required in
Section 1612.5, Florida Building Code and Section R322 of the Florida
Building Code, Residential, shall be submitted to the Building Official
prior to the final inspection.
B. Commercial Energy Code documentation. If required by energy code
path submittal, confirmation that commissioning result requirements
have been received by building owner.
C. Residential Energy Code documentation. If required by energy Code
path submittal (R405), confirmation that the duct test requirements
shall be received by Building Official.
14. Termites. Building Components and building surroundings required to be protected from
termite damage in accordance with Section 1503.7, Section 2304.12.9 or Section
2304.12.4, Florida Building Code, specifically required to be inspected for termites in
accordance with Section 2114, Florida Building Code, or required to have chemical soil
treatment in accordance with Section 1816, Florida Building Code, shall not be covered
or concealed until the release from the Building Official has been received.
15. Impact -resistant coverings or systems. Where impact -resistant coverings or
systems are installed to meet requirements of this Code, the Building Official shall
schedule adequate inspections of impact -resistant coverings or systems to determine
the following:
A. The system indicated on the plans was installed.
B. The system is installed in accordance with the manufacturer's
installation instructions and the product approval.
16. Inspection agencies. The Building Official is authorized to accept reports of approved
inspection agencies, provided such agencies satisfy the requirements as to
qualifications and reliability.
17. Inspection requests. It shall be the duty of the holder of the building Permit or their duly
authorized agent to notify the Building Official when work is ready for inspection. It shall
be the duty of the Permit holder to provide access to and means for inspections of such
work that are required by this Code.
18. Approval required. Work shall not be done beyond the point indicated in each
successive inspection without first obtaining the approval of the Building Official. The
Building Official, upon notification, shall make the requested inspections and shall either
indicate the portion of the construction that is satisfactory as completed, or notify the
Permit holder or their agent wherein the same fails to comply with this Code. Any
portions that do not comply shall be corrected and such portion shall not be covered or
concealed until authorized by the Building Official. The Building Official is authorized to
order the removal of work that conceals other work not having obtained prior approval.
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19. Shoring. For threshold buildings, shoring and associated formwork or falsework shall be
designed and inspected by a Florida licensed professional engineer prior to any
required mandatory inspections by the threshold building inspector.
20. Threshold building.
A. During new construction or during repair or restoration projects in which
the structural system or structural loading of a building is being
modified, the enforcing agency shall require a Special Inspector to
perform structural inspections on a threshold building pursuant to a
structural inspection plan prepared by the engineer or architect of
record. The structural inspection plan must be submitted to the
enforcing agency prior to the issuance of a building Permit for the
construction of a threshold building. The purpose of the structural
inspection plans is to provide specific inspection procedures and
schedules so that the building can be adequately inspected for
compliance with the permitted documents, and with specific
requirements of the City of Miami. The Special Inspector may not serve
as a surrogate in carrying out the responsibilities of the Building
Official, the architect, or the engineer of record. The Contractor's
contractual or statutory obligations are not relieved by any action of the
Special Inspector.
B. The Special Inspector shall determine that a professional engineer who
specializes in shoring design has inspected the shoring and reshoring
for conformance with the shoring and reshoring plans submitted to the
enforcing agency. A fee simple title owner of a building, which does not
meet the minimum size, height, occupancy, occupancy classification, or
number -of -stories criteria which would result in classification as a
threshold building under s. 553.71(7), Florida Statutes, may designate
such building as a threshold building, subject to more than the
minimum number of inspections required by the Florida Building Code.
C. The fee owner of a threshold building shall select and pay all costs of
employing a Special Inspector, but the Special Inspector shall be
responsible to the enforcement agency. The inspector shall be a
person certified, licensed or registered under Chapter 471, Florida
Statutes, as an engineer or under Chapter 481, Florida Statutes, as an
architect.
D. Each enforcement agency shall require that, on every threshold
building:
i_ The Special Inspector, upon completion of the building and prior
to the issuance of a Certificate of Occupancy, file a signed and
sealed statement with the enforcement agency in substantially
the following form: "To the best of my knowledge and belief, the
above described construction of all structural load- bearing
Components complies with the Permitted documents, and the
shoring and reshoring conforms to the shoring and reshoring
plans submitted to the enforcement agency."
ii. Any proposal to install an alternate structural product or system to
which building codes apply be submitted to the enforcement
agency for review for compliance with the codes and made part of
the enforcement agency's recorded set of Permit documents.
Hi. All shoring and reshoring procedures, plans and details be
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submitted to the enforcement agency for recordkeeping. Each
shoring and reshoring installation shall be supervised, inspected
and certified to be in compliance with the shoring documents by
the Contractor.
iv. All plans for the building which are required to be signed and
sealed by the architect or engineer of record contain a statement,
on each drawing page, that, to the best of the architect's or
engineer's knowledge, the plans and specifications comply with
the applicable minimum building Codes and the applicable fire -
safety standards as determined by the City of Miami in
accordance with Section 110.8.4.4, Florida Building Code and
Chapter 633, Florida Statutes.
E. No enforcing agency may issue a building Permit for construction of
any threshold building except to a licensed general Contractor, as
defined in Section 489.105(3)(a), Florida Statutes, or to a licensed
building Contractor, as defined in Section 489.105(3)(b), Florida
Statutes, within the scope of her or his license. The named Contractor
to whom the building Permit is issued shall have the responsibility for
supervision, direction, management and control of the construction
activities on the project for which the building Permit was issued.
F. The building department may allow a Special Inspector to conduct the
minimum structural inspection of threshold buildings required by this
Code and Section 553.73, Florida Statutes, without duplicative
inspection by the building department. However, the building
department may duplicate any inspection for quality assurance, or for
any other purpose as determined by the Building Official.
The Building Official is responsible for ensuring that any person
conducting inspections is qualified as a building inspector under Part
XII of Chapter 468, Florida Statutes, or certified as a Special Inspector
under Chapter 471 or 481, Florida Statutes. Inspections of threshold
buildings required by Section 553.79(5), Florida Statutes, are in addition
to the minimum inspections required by this Code.
t. Mandatory structural inspections for condominium and cooperative buildings.
a. General. The Legislature finds that maintaining the structural integrity of a building
throughout the life of the building is of paramount importance in order to ensure that
buildings are structurally sound so as to not pose a threat to the public health,
safety, or welfare. As such, the Legislature finds that the imposition of a statewide
structural inspection program for aging condominium and cooperative buildings in
this state is necessary to ensure that such buildings are safe for continued use.
b. As used in this Section, the terms:
Milestone Inspection means a structural inspection of a building, including an
inspection of load -bearing elements and the primary structural members and
primary structural systems as those terms are defined in Section 627.706, Florida
Statutes, by an architect licensed under Chapter 481, Florida Statutes, or engineer
licensed under Chapter 471, Florida Statutes, authorized to practice in this state for
the purposes of attesting to the life safety and adequacy of the structural
Components of the building and, to the extent reasonably possible, determining the
general structural condition of the building as it affects the safety of such building,
including a determination of any necessary maintenance, repair, or replacement of
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any structural Component of the building. The purpose of such inspection is not to
determine if the condition of an existing building is in compliance with the Florida
Building Code or the firesafety Code. The Milestone Inspection services may be
provided by a team of professionals with an architect or engineer acting as a
registered design professional in responsible charge with all work and reports
signed and sealed by the appropriate qualified team member.
Substantial Structural Deterioration means substantial structural distress or
substantial structural weakness that negatively affects a building's general structural
condition and integrity. The term does not include surface imperfections such as
cracks, distortion, sagging, deflections, misalignment, signs of leakage, or peeling of
finishes unless the licensed engineer or architect performing the phase one or
phase two inspection determines that such surface imperfections are a sign of
Substantial Structural Deterioration.
c. Inspection Phases.
1. An owner or owners of a building that is three stories or more in height as
determined by the Florida Building Code and that is subject, in whole or in part, to
the condominium or cooperative form of ownership as a residential condominium
association under Chapter 718, Florida Statutes, or a cooperative association
under Chapter 719, Florida Statutes, must have a Milestone Inspection performed
for each building that is three (3) stories or more in height by December 31 of the
year in which the building reaches thirty (30) years of age, based on the date the
Certificate of Occupancy for the building was issued, and every ten (10) years
thereafter. If a building reached thirty (30) years of age before July 1, 2022, the
building's initial Milestone Inspection must be performed before December 31,
2024. If a building reaches thirty (30) years of age on or after July 1, 2022, and
before December 31, 2024, the building's initial Milestone Inspection must be
performed before December 31, 2025. If the date of issuance for the Certificate of
Occupancy is not available, the date of issuance of the building's Certificate of
Occupancy shall be the date of occupancy evidenced in any record of the local
Building Official.
2. The Department may determine that local circumstances, including environmental
conditions such as proximity to salt water as defined in Section 379.101, Florida
Statutes, require that a Milestone Inspection must be performed by December 31
of the year in which the building reaches twenty-five (25) years of age, based on
the date the Certificate of Occupancy for the building was issued, and every ten
(10) years thereafter.
3. The Department may extend the date by which a building's initial Milestone
Inspection must be completed upon a showing of good cause by the owner or
owners of the building that the inspection cannot be timely completed if the owner
or owners have entered into a contract with an architect or engineer to perform
the Milestone Inspection and the inspection cannot reasonably be completed
before the deadline or other circumstance to justify an extension.
4. The Department may accept an inspection report prepared by a licensed
engineer or architect for a structural integrity and condition inspection of a
building performed before July 1, 2022, if the inspection and report substantially
comply with the requirements of this Section. Notwithstanding when such
inspection was completed, the condominium or cooperative association must
comply with the unit owner notice requirements in Section 110.9.9, Florida
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Building Code. The inspection for which an inspection report is accepted by the
Department under this paragraph is deemed a Milestone Inspection for the
applicable requirements in Chapters 718 and 719, Florida Statutes. If a previous
inspection and report is accepted by the Department under this paragraph, the
deadline for the building's subsequent ten (10) year Milestone Inspection is based
on the date of the accepted previous inspection.
d. The Milestone Inspection report must be arranged by a condominium or cooperative
association and any owner of any portion of the building which is not subject to the
condominium or cooperative form of ownership. The condominium association or
cooperative association and any owner of any portion of the building which is not
subject to the condominium or cooperative form of ownership are each responsible for
ensuring compliance with the requirements of this Section. The condominium
association or cooperative association is responsible for all costs associated with the
Milestone Inspection attributable to the portions of a building which the association is
responsible to maintain under the governing documents of the association. This
Section does not apply to a single-family, two-family, or three-family dwelling with
three or fewer habitable stories above ground.
e. Upon determining that a building must have a Milestone Inspection, the Department
must provide written notice of such required inspection to the condominium
association or cooperative association and any owner of any portion of the building
which is not subject to the condominium or cooperative form of ownership, as
applicable, by certified mail, return receipt requested. The condominium or
cooperative association must notify the unit owners of the required Milestone
Inspection within fourteen (14) days after receipt of the written notice from the
Department and provide the date that the Milestone Inspection must be completed.
Such notice may be given by electronic submission to unit owners who consent to
receive notice by electronic submission or by posting on the association's website.
f. Phase one of the Milestone Inspection must be completed within 180 days after the
owner or owners of the building receive the written notice under Section 110.9.5,
Florida Building Code or Section 10-10 of this Code. For purposes of this Section,
completion of phase one of the Milestone Inspection means the licensed engineer or
architect who performed the phase one inspection submitted the inspection report by
e-mail, United States Postal Service, or commercial delivery service to the
Department.
g_ A Milestone Inspection consists of two phases:
A. For phase one of the Milestone Inspection, a licensed architect or engineer
authorized to practice in this state shall perform a visual examination of habitable
and non -habitable areas of a building, including the major structural Components of
a building, and provide a qualitative assessment of the structural conditions of the
building. If the architect or engineer finds no signs of Substantial Structural
Deterioration to any building Components under visual examination, phase two of
the inspection, as provided in Section 110.9.7.2, Florida Building Code, or Section
10-10(g) of this Code, is not required. An architect or engineer who completes a
phase one Milestone Inspection shall prepare and submit an inspection report
pursuant to Section 110.9.8, Florida Building Code, or Section 10-10 of this Code.
B. Phase two of the Milestone Inspection must be performed if any Substantial
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Structural Deterioration is identified during phase one. A phase two inspection may
involve destructive or non-destructive testing at the inspector's direction. The
inspection may be as extensive or as limited as necessary to fully assess areas of
structural distress in order to confirm that the building is structurally sound and safe
for its intended use and to recommend a program for fully assessing and repairing
distressed and damaged portions of the building. When determining testing
locations, the inspector must give preference to locations that are the least
disruptive and most easily repairable while still being representative of the structure.
If a phase two inspection is required, within 180 days after submitting a phase one
inspection report the architect or engineer performing the phase two inspection must
submit a phase two progress report to the Department with a timeline for completion
of the phase two inspection. An inspector who completes a phase two Milestone
Inspection shall prepare and submit an inspection report as required in this Section.
C. Upon completion of a phase one or phase two Milestone Inspection, the architect or
engineer who performed the inspection must submit a sealed copy of the inspection
report with a separate summary of, at minimum, the material findings and
recommendations in the inspection report to the condominium association or
cooperative association, to any other owner of any portion of the building which is
not subject to the condominium or cooperative form of ownership, and to the
Building Official of the local government which has jurisdiction. The inspection report
must, at a minimum, meet all of the following criteria:
1. Bear the seal and signature, or the electronic signature, of the licensed
engineer or architect who performed the inspection.
ii. Indicate the manner and type of inspection forming the basis for the
inspection report.
iii. Identify any Substantial Structural Deterioration, within a reasonable
professional probability based on the scope of the inspection, describe
the extent of such deterioration, and identify any recommended repairs
for such deterioration.
iv. State whether unsafe or dangerous conditions, as those terms are
defined in the Florida Building Code, were observed.
v. Recommend any remedial or preventive repair for any items that are
damaged but are not Substantial Structural Deterioration.
vi. Identify and describe any items requiring further inspection.
D. Within 45 days after receiving the applicable inspection report, the condominium or
cooperative association must distribute a copy of the inspector -prepared summary of
the inspection report to each condominium unit owner or cooperative unit owner,
regardless of the findings or recommendations in the report, by United States mail
or personal delivery at the mailing address, property address, or any other address
of the owner provided to fulfill the association's notice requirements under Chapter
718 or Chapter 719, Florida Statutes, as applicable, and by electronic transmission
to the e-mail address or facsimile number provided to fulfill the association's notice
requirements to unit owners who previously consented to received notice by
electronic transmission; must post a copy of the inspector -prepared summary in a
conspicuous place on the condominium or cooperative property; and must publish
the full report and inspector prepared summary on the association's website, if the
association is required to have a website.
E. The Department may prescribe timelines and penalties with respect to compliance
with this Section.
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F. A Board of County Commissioners or Municipal governing body may adopt an
ordinance requiring that a condominium or cooperative association and any other
owner that is subject to this Section schedule or commence repairs for Substantial
Structural Deterioration within a specified timeframe after the Department receives a
phase two inspection report; however, such repairs must be commenced within 365
days after receiving such report. If an owner of the building fails to submit proof to
the Department that repairs have been scheduled or have commenced for
Substantial Structural Deterioration identified in a phase two inspection report within
the required timeframe, the Department must review and determine if the building is
unsafe for human occupancy.
G. Cleanup of site. Upon completion of the proposed work, the Permit holder shall leave
the site cleared of rubbish, debris, construction sheds or materials of construction. In
the event there has been damage to public property or that rubbish, debris,
construction sheds or materials of construction have been left at the site, then the
Building Official shall refuse to make final inspection and shall notify the Permit
holder to correct the condition of violation within five (5) days. For failure to comply
with such notice after such period of five (5) days, the Permit holder is subject to the
penalties specified herein, and the Building Official shall have the cleanup work done
and public property restored and shall notify the legal authority, who shall institute
the necessary action to have the costs placed as a lien against the property in
relation to which the Permit was issued, as allowed by law, and any other
requirements mandated by local law.
Sec. 10-11. Reserved Certificates of Occupancy / Use and Occupancy. A building or
structure shall not be used or occupied, and a change in the existing use or occupancy
classification of a building or structure or portion thereof shall not be made, until the Building
Official has issued a Certificate of Occupancy therefor as provided herein. Issuance of a
Certificate of Occupancy shall not be construed as an approval of a violation of the provisions
of this Code or of other ordinances of the jurisdiction.
Exception: Certificates of Occupancy are not required for work exempt from Permits in
accordance with Section 105.2, Florida Building Code or Section 10-5 of this Code.
a. Certificate issued. After the Building Official inspects the building or structure and does not
find violations of the provisions of this Code or other laws that are enforced by the
Department, the Building Official shall issue a Certificate of Occupancy that contains the
following:
1. The building Permit number.
2. The address of the structure.
3. The name and address of the owner or the owner's authorized agent.
4. A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for compliance
with the requirements of this Code for the occupancy and division of occupancy and the
use for which the proposed occupancy is classified.
6. For buildings and structures in flood hazard areas, a statement that documentation of the
as -built lowest floor elevation has been provided and is retained in the records of the
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authority having jurisdiction.
7. The name of the Building Official.
8. The edition of the Code under which the Permit was issued.
9. The use and occupancy, in accordance with the provisions of Chapter 3, Florida Building
Code.
10. The type of construction as defined in Chapter 6, Florida Building Code.
11. The design occupant load.
12. If an automatic sprinkler system is provided, whether the sprinkler system is required.
13. Any special stipulations and conditions of the building Permit.
b.Temporary occupancy. The Building Official is authorized to issue a Temporary Certificate of
Occupancy before the completion of the entire work covered by the Permit, provided that such
portion or portions shall be occupied safely. The Building Official shall set a time period during
which the Temporary Certificate of Occupancy is valid.
1. Premature occupancy. Occupying a building or structure before authorization is obtained
from all required departments or agencies shall subject the Permit holder to additional fines
as applicable and/or penalties. The Building Official is authorized to remove all occupants
until full authorization is obtained.
c. Revocation. The Building Official is authorized to, in writing, suspend or revoke a Certificate
of Occupancy or completion issued under the provisions of this Code wherever the certificate is
issued in error, or on the basis of incorrect information supplied, or where it is determined that
the building or structure or portion thereof is in violation of any ordinance or regulation or any of
the provisions of this Code.
d. Certificate of completion. A certificate of completion is proof that a structure or system is
complete and for certain types of Permits is released for use and may be connected to a utility
system. This certificate does not grant authority to occupy a building, such as shell building,
prior to the issuance of a Certificate of Occupancy.
Sec. 10-12. Reserved Service Utilities.
a. Connection of service utilities. A person shall not make connections from a utility, source of
energy, fuel or power to any building or system that is regulated by this Code for which a
Permit is required, until released by the Building Official.
b. Temporary connection. The Building Official shall have the authority to authorize the
temporary connection of the building or system to the utility, source of energy, fuel or
power.
c. Authority to disconnect service utilities. The Building Official shall have the authority to
authorize disconnection of utility service to the building, structure or system regulated by
this Code and the referenced Codes and standards set forth in Section 101.4, Florida
Building Code, or Section 10-1 of this Code, in case of emergency where necessary to
eliminate an immediate hazard to life or property or where such utility connection has been
made without the approval required by Section 112.1 or 112.2, Florida Building Code or
Section 10-12 of this Code. The Building Official shall notify the serving utility, and wherever
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possible the owner and occupant of the building, structure or service system of the decision
to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or
occupant of the building, structure or service system shall be notified in writing, as soon as
practical thereafter.
Sec. 10-13. —Rd-Stop Work Order.
a. Authority. Where the Building Official finds any work regulated by this Code being
performed in a manner either contrary to the provisions of this Code or dangerous or
unsafe, the Building Official is authorized to issue a stop work order.
b. Issuance. The stop work order shall be in writing and shall be given to the owner of the
property involved, the owner's authorized agent or the person performing the work. Upon
issuance of a stop work order, the cited work shall immediately cease. The stop work order
shall state the reason for the order and the conditions under which the cited work will be
Permit to resume.
c. Unlawful continuance. Any person who shall continue any work after having been served
with a stop work order, except such work as that person is directed to perform to remove a
violation or unsafe condition, may be subject to the revocation of any active Permits and
shall be subject to any additional penalties as proscribed by law.
Sec. 10-14. Reserved Unsafe Structures and Equipment.
Any activities related to or involving unsafe structures as defined shall conform with the
requirements of Chapter 10, Article VI of the City Code, as amended.
Sec. 10-15. Reserved Variances in Flood Hazard Areas.
Pursuant to Section 553.73(5), Florida Statutes, the variance procedures adopted in the local
flood plain management ordinance shall apply to requests submitted to the Building Official for
variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as
applicable, the provisions of Section R322 of the Florida Building Code, Residential. This
Section shall not apply to Section 3109 of the Florida Building Code, Building.
Sec. 10-16. Reserved Alternative Plans Review and Inspection.
a. Private Provider election. For the purpose of this Section the term Private Provider shall
be the same as defined in Section 553.791, Florida Statutes. The fee owner of a
building or structure may choose to use a Private Provider to provide building code
inspection services with regard to such building or structure. Upon written authorization
from the fee owner, the election to use a Private Provider may also be made by the fee
owner's Contractor or by the lessee in the fee owner's building or structure, with written
consent from the fee owner.
b. Scope of service. The Private Provider may provide plans review or required building
inspections, or both. However, if the Private Provider provides plans review services,
they shall also provide required building inspections. The Building Official shall not allow
plans review only. Private Providers may review the following disciplines only: Building,
Roofing, Structural, Electrical, Mechanical and Plumbing. All other disciplines (Zoning,
Fire, Public Works, etc.) will be reviewed by the City.
c. Registration. Private Provider firms operating within the jurisdiction of the City of Miami
shall be registered prior to engaging in any business activity in accordance with
553.791, Florida Statutes. The registration system shall be established by the Building
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Official and shall be accessible from the jurisdiction's website. There shall be no cost
associated with the registration of Private Providers or their business entities.
d. Changing the Private Provider during plans review. If the Private Provider is terminated,
or otherwise fails to complete the plans review process and issue the appropriate
affidavits, a substitute Private Provider may finish the plans review and assume all
responsibility. The Building Official, at their discretion, may opt to take over the
responsibility for plans review, provided that approval of the construction documents is
based strictly upon review by the enforcement agency, and not by the Private Provider.
e. Changing the Private Provider during inspections. If the Private Provider is terminated,
or otherwise fails to complete the inspections and issue the final compliance
documents, the fee owner must secure another Private Provider to take over the
inspection duties until the completion of the project and assume all responsibility. The
Building Official will not take over inspection duties.
f. Quality Assurance. The Building Official is authorized to establish a program of quality
assurance to verify the proper performance of the Private Provider's building Code
inspection services.
g_ Fee adjustments. A reduction in Permit fees for the use of Private Providers shall be as
set forth in Section 10-18, City Code or as required by Florida law.
h. Submittal documents. Only official forms approved by the Building Official shall be
submitted to the jurisdiction. Plans and other documents approved by the Private
Provider shall be stamped with the language "REVIEWED for Code Compliance in
accordance with Section 553.791, FLORIDA STATUTES". The language shall appear
on each page of the drawings, and on the front page of multi -page documents such as
calculations and reports. All documents submitted to the jurisdiction shall be
prescreened for sufficiency and completeness.
i. Duties and responsibilities. The Private Provider shall not perform inspections for any
work, or any Component of the work, that does not have a valid Permit. If unpermitted
construction is discovered, the Private Provider shall notify the Building Official
immediately as a matter of public safety, and inspection services shall cease until the
proper Permits have been acquired. Any Private Provider or their duly authorized
representative knowingly conducting inspections on projects without the requisite
Permits may be referred to their respective professional board for disciplinary review in
accordance with Section 553.791, Florida Statutes. Any safety issues shall immediately
be reported to the Building Official, and any other enforcement agency having
jurisdiction over the matter.
L Inspection documents. The Private Provider shall maintain at the job site a complete
record of all inspections performed and shall make it available at all times for review by
the Building Official. The collective record of inspections shall be known as the
inspection log.
k. Inspection reports shall be legible and shall clearly identify, in detail, the exact areas
and/or items inspected.
I. Each individual inspection report shall be signed by the person who performed the
inspection. Example: If the Private Provider performs the inspection, then they must
sign the report. If the provider's duly authorized representative performs the inspection,
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then they shall be the party to sign the inspection report, but the Private Provider may
also co-sign the document at their discretion.
m. The inspection log shall be maintained in good condition, in one or more binders, and
shall be organized by date and separated by trade. Individual reports must be
numbered sequentially or otherwise labeled to follow a chronological order. As the
construction progresses, and upon completion of the project, the Building Official shall
be able to determine from the inspection log itself that all areas and/or Components of
the project that were completed have been inspected and approved.
DIVISION 2. BUILDING ADMINISTRATION, FEES, AND WAIVERS
Sec. 10-17 Reserved Postings and Reports of dangerous buildings by firefighters and police
officers.
a. It shall be unlawful to post advertising matter on any unoccupied building or on any
temporary structure in this city. This Section shall not apply to any owner or to any person
acting under authority of the owner of such building.
b. The employees of the department of fire -rescue and police department shall make a
report, in writing, to the director of the Planning, Building and Zoning Departments of all
buildings or structures which are, may be or are suspected to be dangerous buildings.
Such reports shall be delivered to the Planning, Building and Zoning Department within
24 hours of the discovery of such building by such employee.
Sec. 10-18 Reserved Building Permit Fee Schedule; Waivers; Elevator, Escalator, Boiler etc.
Fees and Fines.
a. Definitions
Affordable Housing Development is owner -occupied and/or rental housing with a purchase
cost, value, or monthly rental, as applicable, equal to or less than the amounts established by
the applicable standards for those individuals whose income is between 30 percent to 80
percent of the area median income as published annually by the United States Department of
Housing and Urban Development ("HUD").
Community Redevelopment Agency ("CRA") is a public entity created pursuant to F.S. §
163.356, as amended.
Dry Run is defined as the process of plans signed and sealed by the design team submitted
for building permit but with a building permit application without having a contractor.
Income Restricted Units is a project whose development or refurbishment has resulted and
benefited, in whole or in part, from any of the city's programs for low income, affordable, or
workforce housing and are accordingly restricted by the requisite covenant(s).
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Master Permit is a building permit obtained for the complete work on any project.
Private Provider means a person who can provide alternate plans review under F.S. §
553.791 and is licensed as an engineer under F.S. Ch. 471 or as an architect under F.S. Ch.
481, as amended.
Stand-alone Permit is any trade (electrical, mechanical or plumbing) permit pulled for a single
category without the need for a Master Permit.
Trade Permit is a subsidiary building, electrical, mechanical or plumbing permit that requires a
Master Permit associated with it to be pulled prior to issuance.
Up -front Fee is the fee associated and charged at the time of submittal of a set of plans and
building permit application.
Workforce Housing Development is owner -occupied and/or rental housing with a purchase
cost, value, or monthly rental, as applicable, equal to or less than the amounts established by
the applicable standards for those individuals whose income is between 80 percent to 140
percent of the Area Median Income as published annually by HUD.
b. General Fee information
1. Building, Plumbing, Mechanical and Electrical Permit Fees.
a. Residential (up to three dwelling units): For all residential properties, any
Trade or Master building Permit will be charged 0.50 of the estimated
construction cost (including labor and materials) for new construction or
additions, and 0.50 of the estimated construction cost for all remodeling
permits. Notwithstanding the foregoing, the building Permit fee for residential
improvements where the amount of estimated construction is less than
$2,500.00 shall be fixed at $45.00.
b. Commercial and Multifamily Master Permit, Trade Permit and Stand-alone
Permit fee: For a building whose estimated construction cost is equal to or less
than $30,000,000.00 is one percent of the cost of construction as per the
declared cost by the Contractor. For projects were the construction cost
exceeds $30,000,000.00, the fee will be the same as above up to
$30,000,000.00, plus one-half percent of the amount in excess of the
$30,000,000.00.
c. Minimum Permit fee, applicable to any building Permit, shop drawing, or
revision of any category regardless of construction cost or number of pages:
$110.00.
d. Phased Permit fee: Any Phased Permit issued in accordance with the Florida
Building Code (FBC 105.13) will be valid for six months from the issuance date.
No extensions will be issued to the Phased Permits by the Building Official.
These Permits will be charged a $1,500.00 fee, plus any other applicable
surcharges as defined or required by the surcharges section.
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e. Fee for work started without Permits: When work is commenced prior to
obtaining a required Permit, a fee of two times that specified in this Section,
plus a $110.00 fee shall be paid for Homestead properties, and a fee of four
times that specified in this Section, plus a $110.00 fee shall be paid for non-
Homestead/commercial properties. The payment of such fees shall not relieve
any person, firm, or corporation from fully complying with all of the requirements
of all applicable regulations and codes, nor shall it relieve them from being
subject to any of the penalties therein. The fee requirement shall be applicable
to all trade divisions of the building department.
f. The building department will modify the Permit fee calculation using the
Engineering News Record -Building Cost Index (ENR-BCI) published each
January. A credit will be applied to the total cost of the building Permit fee using
the ENR-BCI should the ENR-BCI increase.
2. Surcharges. For all Permits issued, the building department will collect the
following surcharges for the State of Florida, Miami -Dade County and other City
departments:
a. State of Florida Surcharges.
1. State of Florida Department of Business and Professional
Regulation (DBPR).
2. State of Florida Building Code Administrators and Inspectors
(BCAI).
b. Miami -Dade County Code Compliance Surcharges.
c. City Solid Waste Surcharge.
1. Residential. $0.22 per $100.00 of the estimated cost of
construction with a minimum fee of $26.00 and a maximum fee
of $600.00.
2. Commercial. Permits for all building a surcharge of two and one-
half percent of the cost of construction with a minimum of $57.00
and a maximum of $10,500.00.
3. Exemptions. The following are exempt from this surcharge:
signs, landscaping, elevators, revisions, subsidiary Permits,
roofing, awning, windows and doors, shed, flooring, driveways,
solar panel installations, and any affordable housing Permit that
the City Director of Community Development exempts in writing
prior to the issuance of the Permit.
4. Automatic Deferral. The City Manager, or Designee, shall defer
the surcharge for Affordable Housing Developments and
workforce housing developments for as long as the development
remains affordable or workforce housing. The Permit applicant
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shall provide the City the Community Redevelopment Agency
board's resolution approving or authorizing the project and a
covenant running with the land, or a deed restriction, which
ensures that the development conforms to the requirements of
an Affordable Housing Development or workforce housing
development. Upon the project ceasing to be an Affordable
Housing Development or a workforce housing development, the
solid waste surcharges that were deferred shall become due and
payable to the city within 30 days.
5. Petition for Refund of Solid Waste Surcharge.
Petitions for refund of the Solid Waste surcharge shall be
submitted to the City Manager or Designee, for their
review. The City Manager or Designee shall provide a
form for the Petition that is to be submitted by all eligible
parties. The criteria for granting any such petition is as
follows:
(1) The Petition shall be filed within ninety (90) days
after finalization of the relevant permit. Any party who has
the right to file a Petition and who fails to do so within the
required timeframe shall be deemed to have waived their
right.
(2) Only the party who paid the surcharge, hereinafter
referred to as Petitioner, and who believes the
contribution rate component of their surcharge to be
inequitable based upon actual construction completed or
lack thereof, subject to the limitations set forth in this
Section, may file a Petition;
The Petition shall state with detailed specificity the
reason for the request and the amount of refund being
sought, and shall include:
All submitted plans and modification;
ii. Any and all refuse and debris removal
contracts in place on the permit site;
Any and all charges for the refuse and
debris removed incurred from the final recycle or
dumping station; and
iv. Any other item, document, contract,
agreement or writing that has direct bearing on the
requested adjustment.
The Petitioner requesting the adjustment may be
required, at their own cost, to provide supplemental
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information as requested by the City Manager or
Designee, including, but not limited to, a full set of
building (permit) plans, proof of finalization of relevant
permit, copies of hauler agreements, copies of container
removal service agreements or removal billing. Failure to
provide such information may result in the denial of the
refund request; and
(b) The City Manager or Designee will review the Petition
and based upon the totality of information provided, which may
include requests for information from the relevant City
departments, determine whether the refund is granted and the
amount therein, as necessary.
The City Manager or Designee will have one hundred
twenty (120) days from the date of receipt of the Petition for
Refund to provide a determination in writing. The determination
shall include a recitation of the facts and the basis for the
granting or denying of the Petition and if granting, the reason for
the amount of refund.
(d) Appeals. All determinations by the City Manager or
Designee are final.
(e) This Section does not apply to a class member (as
defined in the trial court's order certifying the class in RT&S
Investment Group, LLC v. City of Miami, Miami Dade Circuit Court
Case No.: 14-32239 CA 27) who does not opt out of the class.
d. City Energy Conservation Surcharge.
1. This charge encompasses energy conservation plan review and
field inspections for such energy conservation.
2. For each square foot of new construction or an addition, $0.11.
Miscellaneous permits and inspections fees.
a. Private Provider fee. When a property owner uses the services of a
licensed private company for plan review and inspections services (a
private provider under F.S. § 553.791), the fee will be assessed as a
regular building permit with a credit of one-third of the original
building/Trade Permit fee line. If only the plan review or the inspections
are done by the private provider, then the fee will be one-half of the one-
third credit stipulated above.
b. Dry Run/Up-Front Fees. At the time of issuance of the Permit application
process number assigned by the building department, the projects will
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be charged $2.80 per $1,000.00 of the estimated construction value.
Eighty percent of the total collected amount for this item, will be credited
towards the building Permit fee line when issued. No credit will be
issued if there is no issuance of a Permit, a substantial design is
submitted, or the Permit is not issued after 180 days of the last review.
Dry Run and Up -front fees are not refundable, however they will be fully
credited towards the cost of the building permit.
c. Joint Plan Reviews.
1. Each meeting with staff from Building, Zoning, Planning, or
Resilience and Public Works, $276.00 per each requested
discipline for a maximum of two hours each.
2. If additional disciplines are required based on the scope of work,
additional charges for each discipline will apply. This fee does
not apply to affordable housing projects qualified as such under
the City Code.
3. This shall only apply to commercial projects that are over 20,000
square feet in size.
d. Revision of Plans and Re -works. Revision of plans (per discipline) and
reworks, after the second review, $56.00.
e. Recertification. Recertification of buildings are required pursuant to the
requirements of the Miami -Dade County Board of Rules and Appeals
(BORA) standing order, and Miami -Dade County Code Chapter 8 and
the Florida Building Code Administrative Rules. Recertification review
for compliance with recertification, $276.00 fee. Any extension request
by the owner of a property after receipt of a notification letter from the
City that the property must prove they are in compliance with
Recertification will be assessed a $500.00 for each additional three-
month extension, with a maximum of two possible extensions after the
original notification letter.
f. Permit by Affidavit, and Legalization of Existing Structures. The Permits
issued by affidavit and legalizations of structures built without Permits
before the year 2002, will be charged a fee of $250.00, in addition to
any other applicable enforcement fee, building and Trade Permit fee.
For those structures built after 2002, they will be charged with a double
permit fee and fine where applicable using subsection 10-18(b)(1)
above.
9.
Annual facility Permit Fee. These Permits will be issued with a two
percent fee based on the intended annual work schedule cost per
building or trade.
h. Commercial Engineered or Structural Glazing and Curtain Walls. A
$150.00 fee for compliance with the recertification, every six months for
the first year after receiving the Certificate of Occupancy (C.O.), and a
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fee of $300.00 every five years after that date in accordance with the
Florida Building Code.
Certificate of Occupancy (C.O.) and Certificate of Compliance (C.C.). In
accordance with the requirements of the Florida Building Code.
1. Residential (single family/duplex, triplex or multifamily
condominium): $105.00 per unit.
2. Commercial (including multifamily rentals): $0.10 per square feet
of space with a minimum of $250.00 for a C.O. and $150.00 for a
C.C.
3. Extensions of T.C.O. or T.C.C.: The T.C.O. or T.C.C. extension
can be requested through the Building Official or Designee. Any
extensions shall be charged as follows:
A. First request. May request an extension of up to 270 days
in 90-day increments. The cost per square foot shall
increase by $0.10 per 90 days for commercial properties
or $105.00 per 90 days for residential properties;
B. Second request. May request an extension of up to 270
days in 90-day increments. The cost per square foot shall
increase by $0.10 per 90 days for commercial properties
or $105.00 per 90 days for residential properties;
C. Third request. May request an extension of up to 270
days in 90-day increments. The cost shall be charged at a
rate equal to 50 percent of the building/Trade Permit line.
D. Exemption. Income Restricted Units certified by the City
with a recorded covenant may be exempted from the
additional Permit fee charged beyond the second time
pursuant to this section by the City Manager or Designee
based upon a showing that all Permits are currently active
and/or no prior Permit and/or code violations have
occurred at the project site. The exemption shall only be
allowed for the applicable Income Restricted Units.
Should an exemption to the fee be granted, it may
be renewed for the extension times as provided
for in Subsection 10-18(b)(3)(i).
II. The exemption from the additional fee charged
beyond the second time is retroactive to any
active permit for a qualifying Income Restricted
Unit.
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4. For projects qualifying as a phased project as defined in Section 55-1 of
the City Code, the T.C.O. may be issued as follows:
A. T.C.O. may be issued for an initial period of 365 days at the
original rate charged;
B. T.C.O. may be extended for an additional 365 days at the same
original rate charged;
C. T.C.O. may be extended a second time for an additional 180
days at double the original rate charged; and
D. T.C.O. may be extended a third and final time for an additional
180 days at a rate equal to 50 percent of the building/Trade
Permit line.
Expired and Inactive Permit Applications (NAC). For those expired applications
where 180 days have passed from the original application date, in accordance
with the Florida Building Code (FBC105.13), the Building Official may extend
for periods not exceeding 90 days the expiration date, if requested by the
applicant in writing, explaining the need and circumstances for the extension.
Every extension will be charged $100.00 for residential single family,
duplex/triplex and $500.00 for commercial and multifamily applications. For
those inactive applications (NAC), if authorized by the Planning Director, they
will be reactivated in the system after payment of a $1,500.00, for a period of
six additional months. If a Permit is not obtained and construction starts within
this extension time, the process number will be voided and the applicant will
need to re -apply for a new application number. All fees are non-refundable if
the process number is voided.
k. Expired/completion Permits. Any building/Trade Permit may be extended once
by the Building Official if requested prior to the Permit expiration date. If the
building/Trade Permit is expired, a completion Permit will be required.
1. Extension of Permit: $100.00.
2. Completion of any type of Permit: For the first $1,000.00 of value of the
remaining work, $32.00, plus any additional $1,000.00 or fraction,
$16.00.
Re -inspection Fees. Re -inspection fees will be charged in instances where the
inspector is scheduled to visit a site, and any of the included, but not limited to
the following issues occur: a Contractor or builder owner receives a rejection of
an inspection because a notice of commencement is not posted at the site and
a copy is not provided to the inspector; the wrong address was given to visit the
site to inspect; work was incomplete or not ready for inspection; the corrections
given in the previous inspections were not completed; the approved set of plans
or required certifications are not at the site; or no arrangement was made to
allow the inspector to gain entry to the area of inspection, a fee of $57.00 will
be assessed and no further inspections will be scheduled until the re -inspection
fee is paid.
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m. Expedited Plans Review of Green Building Permit Applications. Green buildings
are defined as those with resource efficient design, construction, and operation
by employing environmentally sensible construction practices, systems, and
materials and defined as residential or commercial buildings that are registered
Leadership in Energy and Environmental Design ("LEED") projects, or any
equivalent Green rating system. LEED is defined as the most recent Leadership
in Energy and Environmental Design Rating System of the U.S. Green Building
Council. Expedited priority review of Permit applications shall be defined as
those to be reviewed prior to non -green building applications, in the order
received, within the building Permit review process. A non-refundable deposit,
described in Subsection 10-18(b)(3)(m)(2)(D). below will be required.
1. Green buildings eligible for priority permitting will be:
A. For buildings in excess of 50,000 square feet, and that exceed
the requirements of LEED Silver certification.
B. For buildings below 50,000 square feet, and that meet or exceed
the requirements for any level of LEED certification.
2. To qualify for expedited priority review and approval of permit
applications, buildings meeting the criteria above must submit to the
building department:
A. A LEED registration form;
B. A LEED scorecard indicating all expected rating points;
C. The name and contact information for a LEED accredited
professional on the project team; and
D. A non-refundable deposit of $500.00.
n. Expedited Overnight Review Projects. The expedited service will cover all
review disciplines within the Building, Zoning, Planning, and Resilience and
Public Works Departments. Outside source review will be the preferred method.
1. Outside source review fee. Actual cost plus ten percent. These ten (10)
percent is the administrative fee to cover the cost of the processing.
2. In-house review fee: $350.00. The fee is per discipline, with a maximum
of one review per fee, per discipline for a maximum of four hours each.
3. Plans review or inspections shall not begin until after 4:30 p.m. Monday
through Friday. No plans or inspection requests will be accepted on
Saturday, Sunday or holidays when City offices are closed. Scanning
and printing fees for electronic plan review: The fee shall be based on
the same cost charged by the printing company to the City.
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4. This shall only apply to commercial projects over 20,000 square feet in
size.
o. Application Fee. All Permits will be charged a non-refundable $40.00
application fee.
p.
Change of Architect, Engineer, or Contractor for any Type of Permit. $100.00.
q. Recertification of Plans and Revised Plans Fee, and Permit Card Replacement.
1. When plans are lost by the owner or Contractor, a recertification fee is
required for a new set of plans: Thirty percent of the original fee.
Minimum fee for residential/commercial uses: $100.00.
2. Revised plans and shop drawings (after approval of initial plans):
A. Per sheet revised and reviewed: $20.00.
B. Minimum fee: $100.00.
C. Maximum fee: $5,000.00.
3. Replacement of lost permit card or replacement or duplication of plans
(per sheet): $17.00.
r. Administrative Services Fees.
1. Computer print-out of property information, Permits, inspections, etc.:
$2.00 per sheet.
2. File search for every request of building department services, including
notice of violations: $44.00.
3. Notarization of any document, including building Permit application:
$2.00.
4. Sending and receiving faxes (not related to the permitting process):
A. Local, per page: $2.00.
B. Long distance, per page: $2.50.
5. City certification of plans: Cost of reproduction of plans plus $1.00 per
page.
6. Folio change: $26.00.
s. Refunds, Time Limitations, Revocation, Etc. The fees charged pursuant to this
Section, provided the same are for a Permit required by the Florida Building
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Code, may be refunded by the Building Department Director, subject to the
following:
1. No refunds shall be made where any work has commenced, except
where duplicate Permits are issued for the same work, in which case a
refund in accordance with Subsection 4. below may be granted to the
original Permit Holder providing that the duplicate Permits were issued
within 90 days of each other and the request for the refund is received
within 90 days of the issuance of the latter Permit.
2. No refunds shall be made where a Permit has become void or revoked
as provided by Section 304.3(a) of the Florida Building Code.
3. No refunds shall be made on Permit fees of $110.00 or less.
4. Refunds on Permits or any item thereon, will be on a basis of 50 percent
of the balance over $110.00; such refunds shall be made to the closest
dollar.
5. Bonds may be required for unfinished work on Temporary Certificates of
Occupancy (T.C.0). The amount is to be established by the chief of the
section(s) involved and shall be 100 percent of estimated cost of the
required work. Cash bond will be refunded, less $100.00 or other bonds
discharged, upon completion of required work by owner.
A. Methods for placing bonds may be:
Surety company issuance of bond.
ii. Cash bond. Payable by cash, or certified cashier's check.
A copy of signed contract with a Contractor to do the work
is also required.
iii. Letter of credit from a guaranteed insured state certified
bank. The letter shall indicate the purpose of the line of
credit. A copy of signed contract with a Contractor to do
the work is also required.
B. If work is done within specified time, the city will proceed to have
the work done (1) through the bonding company if Method No. 1.
was used; (2) through the contractor specified in the contract if
Method No. 2 or Method No. 3 was used, using the proceeds
from the cash bond or from the bank letter of credit.
4. Building Department Enforcement Fees. In compliance with the Florida Building
Code, National Electrical Code, and Miami -Dade County Code Chapter 8, the
following expenses will be recovered from necessary Building Department
enforcement and/or demolitions:
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a. Initiation and processing fee for all work without a Permit and all unsafe
structures cases after notice of violation is given: $500.00.
b. Digital pictures: $1.00 each.
c. Additional inspection of open non -compliant cases after being given a
notice of violation and either being provided time to comply to either repair or
demolish the property structure: $150.00.
d. Posting of notices: $50.00.
e. Unsafe structures panel fee: $200.00.
f. Title search will be charged: Actual cost.
g. Court reporting will be charged: Actual cost.
h. Legal advertisement will be charged: Actual cost.
Lien/recordation/cancellation of notices -each will be charged actual cost
plus a $1.00 administrative fee per every ten pages.
Bid processing fee and Contractor Notice to Proceed (NTP)
administrative cost: $150.00.
k. Demolition/secure services will be charged actual cost.
Asbestos and lead environmental sampling and abatement: Actual cost.
m. Corporate information and lenders search: $25.00.
n. Extension fee (initial or Unsafe Structure Panel Order requested):
$150.00.
5. Waiver of permitting fees. All city building permit fees related to the installation
of solar panels are hereby waived for residential and commercial properties. The
building department will process all building permit applications for solar panels within
three business days. That portion of city building permit fees attributable to compliance
with Chapter 10, Article XI of the City Code are hereby waived for structures existing
on or before October 8, 2020. These waivers do not include any surcharges, fees, or
costs required by federal, state, or county governments.
6. New permits prohibited, non -homestead properties. Permits shall not be issued
for a non -homestead property with any outstanding code enforcement violations,
building violations, or any relevant city lien or invoice due and owing to the city.
Permits required to cure life safety issues, Permits which are required to bring
outstanding violations into compliance, or Permits for any properties owned by a
governmental entity are exempted from this prohibition.
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c. Elevator/Escalator/Boiler and Unfired Pressure Vessel Fees and Fines for Non -Compliance.
a. Fees.
1. Certificate of Operations: $200.00 per elevator/escalator
2. Elevator/escalator duplicate certificate: $100.00 per elevator/escalator
3. Elevator/escalator delinquent certificate: $50.00 per elevator/escalator
4. Temporary certificate of Operations: $100.00 per elevator/escalator
5. Elevator/escalator annual inspection: $200.00 per elevator/escalator
6. Elevator/escalator re -inspection fee: $100.00 per elevator/escalator
7. Elevator witness:
A. One-year test: $200.00
B. Five-year test: $250.00
8. Elevator emergency power/fire recall test: $1,000.00 per test
9. Elevator/escalator removal fee: $500.00 per elevator/escalator
10. High pressure boiler annual inspection: $135.00 per boiler
11. Low pressure boiler annual inspection: $135.00 per boiler
12. Water heater annual inspection: $85.00 per heater
13. Pool heater annual inspection: $85.00 per heater
14. Miniature boiler annual inspection: $85.00 per boiler
15. Kettles annual inspection: $85.00 per kettle
16. Unfired pressure vessel (air compressor) annual inspection: $85.00 per vessel
b. Fines for non-compliance.
1. Elevator/escalator non-compliance fines:
A. First offense: $250.00 per elevator/escalator
B. Second offense: $500.00 per elevator/escalator
C. Third offense: $1,000.00 per elevator/escalator
Boiler, heater and unfired pressure vessel non-compliance fines:
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A. Re -inspection fee for every two consecutive failed inspection: $50.00
B. Late fee for past due amounts: $40.00
Sec. 10-19- Waiver and Deferral of Fees and Senior Citizens or Low -Income Waivers.
a. The fees required under this article may be waived by the City Manager for entities and
agencies of the City.
b. The City Manager is authorized, and shall, upon a properly submitted application, defer
those fees required pursuant to this article, except for those surcharges listed in
subsection 10-18(b)(2) of the City Code, as amended, for extremely low income
affordable housing, as defined annually by the United States Department of Housing
and Urban Development and as determined by the department of community and
economic development. Applicants for such deferrals shall utilize the same petition
process and covenant requirement as the affordable and workforce housing impact fee
deferral program described in Sections 13-8 and 13-16 of the City Code, as amended.
The fees deferred pursuant to this article shall remain deferred so long as the property
or extremely low income housing units, as applicable, do not change affordability
status. Fees deferred under this section shall be due and payable for those properties
that no longer qualify as extremely low income affordable housing as determined by
the department of community and economic development. The covenant required by
this section shall at a minimum:
1. Run with the land;
2. Clearly explain the rights and obligations of building unit(s) owner(s) to maintain
the same as ELI affordable housing; and
3. Provide remedies for the city to secure the owners obligations under this
section.
For projects that do not exclusively contain extremely low income housing units, deferral of
fees shall be on a pro-rata basis utilizing the percentage of extremely low income housing
units as compared to the number of total residential units. In no event shall this deferral
program exceed $250,000.00 in total deferred fees each fiscal year. Any individual application
for deferral that would exceed said limitation shall be denied only as to the portion thereof that
would exceed said limitation.
c. Notwithstanding any provisions of this Code or the Florida Building Code to the
contrary, all fees and charges assessed by the City departments, including impact
fees, which are required to be paid as a condition of the issuance of a building Permit,
shall not be charged if all the following conditions are met for senior citizens:
1. The Permit to be obtained will correct a violation for work without Permit or for
work with an expired Permit for which the property owner has been cited by
Code Compliance Department or any section of the Building Department.
2. The work performed without a Permit commenced prior to March 1, 2002
(Florida Building Code entered in effect March 1, 2002), or the Permit which
expired was issued under the South Florida Building Code.
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3. The work for which the building permit is requested is for an improvement to a
single-family or duplex residence, townhouse or condominium which is
occupied by the property owner who is a senior citizen and who has had a valid
Homestead Exemption for the past five years for that property.
4. If more than one person owns the property, each person must qualify for the
senior citizen exemption, except if the joint owners are married, only one of the
owners must meet the qualifications for the senior citizen exemption pursuant
to F.S. § 196.075.
d. Notwithstanding Subsection (c), permit fees will be waived for those with a household
income below 80 percent of the area median income of Miami -Dade County as
determined by the United States Department of Housing and Urban Development
("HUD") annually, upon providing proof of the same to the City, for work that improves
the resilience of the exterior shell, such as roofing, doors, windows, shutters, and
structural repairs, on Homesteaded properties for up to $50,000.00 of the cost of
construction work.
e. Each development department of the City will track the amount of Permit fees and
charges affected by this exemption each fiscal year. The general fund shall reimburse
each of the development departments the amount of Permit fees and charges
exempted as part of the following fiscal year's budget.
f. This Subsection is not intended to waive any Permit fees or charges assessed by the
departments or instrumentalities of the state, the county or federal government.
Sec. 10-20. — Reserved.
ARTICLE IX. FENCE REQUIREMENTS FOR MIAMI CITY COMMISSION DISTRICT 5
CONTRACTOR CODE OF ETHICS; EMERGENCY PLANS FOR CERTAIN BUILDINGS;
CERTAIN PERMIT REQUIREMENTS, ENVIRONMENTAL VIOLATIONS; SECURING OF
SITES IN EMERGENCIES.
Sec. 10 129 Fences and "no trespassing" signage required
{a)
Notwithstanding any conflicting provisions in the City Code and/or the Miami 21
Code Oho zoning ordinance of Oho city as amended all vacant Tots located
within Miami City Commission District 5 ("District 5") shall be enclosed with at
least a four foot high fence. All such fences shall be installed with a Permit.
(b) "No Trespa-sing" signs shall be posted on all vacant lots located within the
District 5 area subject to this article.
(c) The property owner shall provide written consent allowing the Miami Police
Department ("MPD") to enforce the trespa-sing penalties described in F.S. §
810.08.
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Sec. 10 130. Expedited Permit approval for fences in District 5.
Any such fence Permits required by this article shall be processed by the city on an
cxpcditcd ba..is and no building Pcrmit fcc shall be required. The city shall complete
its review an -GI -issue the fence Permit within three business days of submission of a
of the City Code and the Florida Building Code.
Sec. 10 131. Enhanced penalties.
Any violation of the provisions of this Section may be cited pursuant to Chapter 2,
articic X of this Codc and shall result in a fine of $500.00 for each day the violation
rema+r}s uncured.
If the owner, agent, or occupant of any propert„ within the District 5 area shall fail to
comply with the provisions of this article within 90 days, the city shall cause the
property to be fenced and shall keep an accurate accounting of the costs thereof,
whereupon the amount of such costs and the interest thereon shall constitute and is
any other special asscssment liens. An aggrieved party may appeal both the fees and
costs imposed under this Section to a court of competent jurisdiction in accordance
with the Florida Rules of Appellate Procedure.
These penalties shall not preclude any other remedies available at law or in equity,
including but not limited to, injunctive relief in the circuit court and special assessments
for fencing the property or other work done by the city.
Sec. 10 132. Other remedies.
pursuant to Florida law, including but not limited to an arrest and prosecution pursuant
to criminal statutes, civil remedies, and fines, and are not exclusive. The city may
remove unauthorized persons from a property pursuant to Florida laws, including in
cases where a lawful trespass warning has been provided and the occupants refuse to
vacate the property.
The city shall also require acce to the vacant lot for public safety purposes.
Sec. 10 133. Liability.
I aw enforcement officers and ( `ode compliance officers as well as city staff rind
agents Tire immi ine from civil or criminal liability for actions taken to remove
0
unauthorized persons and secure property pursuant to the authority provided herein.
Sec. 10 134. Sunset.
This article will sunset on February 28, 2022, unless this Section is earlier repealed by
the city commission.
Sec. 10-129. - Minimum Requirements for Contractors.
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a. Prior to the issuance of a building Permit for a structure to be built, constructed, or
demolished, except for City unsafe structure demolitions, the Contractor for such
construction or demolition shall, prior to the commencement of any work, sign a
Contractor's code of ethics which shall be affixed to the building Permit and shall read
in substantially the attached form:
1. i will be fair, honest, impartial, respectful and professional, and act in good faith
in all my business relationships with my clients and the public, including
employees, subcontractors and suppliers.
2. I will always act in the interests of the client unless doing so violates an
ordinance, statute or this Code of Ethics.
3. I will not discriminate in any business activities on the basis of race, national
origin, religion, gender, sexual orientation, familial status or handicap, and will
comply with all federal, state and local laws concerning discrimination and fair
housing.
4. I will be truthful regarding my training, experience, qualifications and services.
5. I will be truthful regarding my licenses and certifications, and will provide
documentation upon request.
I will be truthful regarding my bonding and insurance coverage.
7 I will accept only assignments and projects for which my skills and licensing are
commensurate.
8. I will uphold and comply with all applicable statute, laws, ordinances, codes,
and professional licensing requirements of the jurisdiction in which I conduct
business, especially those related to safety.
b. For any lot or site on which a structure is being built, constructed, or demolished,
except for City unsafe structure demolitions, the Contractor for such construction or
demolition, prior to the commencement of any work, shall provide the following:
A posted notice, not to exceed four square feet, attached to a temporary construction
fence, or staked into the ground, and visible from the public right-of-way, at a minimum
168-point type that shall read in substantially the attached form:
THIS IS AN ACTIVE CONSTRUCTION SITE. THE CONTRACTOR IS [insert
contractor]. FOR ANY COMPLAINTS OR CONCERNS PLEASE CALL [insert
telephone number] OR E-MAIL [insert e-mail address].
1 A Contractor may incorporate this required language into an already existing
sign at the lot or site provided the requirements above are followed.
2. The Contractor, if a corporate entity, shall provide its registered name, and not
a fictitious name on the notice.
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3. The telephone number provided must be active and answered by a live person
from 9:00 a.m. to 5:00 p.m. on weekdays, or at any time during active
construction activity, whichever is greater.
4. The e-mail address provided must be active and all complaints or concerns
regarding the site acknowledged within 24 hours of receipt.
5. Enforcement of this section shall be as proscribed by Chapter 2, Article X,
Code Enforcement or by any other remedies as provided by law. Once form of
enforcement shall not preclude another.
Sec. 10-130. - Emergency Plans and Emergency Preparedness Measures Required for Certain
Buildings.
a. For purposes of this Section, the term "facility" shall mean Community Residential
Homes licensed under F.S. Ch. 419, Assisted Living Facilities licensed under F.S. Ch.
429, and Nursing Homes licensed under F.S. Ch. 440, which caterer to the elderly.
b. Any facilities located in the City shall prepare and annually update a Comprehensive
Emergency Management Plan ("Plan"). At a minimum, the Plan must provide for
components that address emergency evacuation transportation; adequate shelter
arrangements; post -disaster activities, including provisions for emergency power
generators with sufficient capacity to power the facility's fixed or portable heating,
ventilation and air conditioning ("HVAC") system in order to maintain an ambient
temperature of 81 degrees or less in one or more designated rooms for a period of a
minimum of 96 hours in the event of the loss of electrical power after the foreseeable
disaster passes; fuel to run the generator(s) for a minimum of 72 hours, whether stored
entirely on site or provided for by periodic deliveries contracted for in advance of the
start of hurricane season each year; bottled or potable water; food when the facility
provides food to its residents on a daily basis in the normal course of the facility's
operations; staffing; and when the facility provides custodial care, medical, or assisted
living services, it shall provide for individual identification of residents, transfer of
records, and communication with families (subject to residents' written consent and
controlling regulations [(e.g. HIPAA)]. The Plan is subject to review and approval by
the city's emergency manager which shall not be unreasonably withheld. During the
review of the plan, the emergency manager will complete his or her review within 60
days and either approve the Plan or advise the facility of necessary revisions.
c. Any existing facility shall comply with the provisions of this section within 90 days of
the effective date of the ordinance from which this Section derives. Commercially
reasonable efforts to retrofit existing facilities shall be made. Notwithstanding the
foregoing, if it is not practicable or feasible to install the required generator(s) on -site of
an existing facility, then the operator may contract with a third -party vendor for a
portable generator(s) in the event of a foreseeable disaster. The foregoing provision
for the installation and/or placement of the temporary and/or permanent generator(s)
are subject to approval by all appropriate governmental agencies and/or departments.
d. After the effective date of this Section, any new facility shall not receive a Certificate of
use or a Temporary Certificate of Use until the provisions of this Section have been
satisfied.
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e. Compliance with these requirements for such facilities shall be mandatory.
f. Facilities shall be equipped with generators that are able to power essential services
as set forth in subsection (a), including but not limited to, elevators, lights, emergency
alarms, and air conditioning ("A.C.") in one or more designated room(s) within the
facility. Designated Room(s) means a public, common, or private space which can
safely and lawfully house residents in an appropriate fashion pre- and post -foreseeable
disaster.
q. Notwithstanding any requirement mentioned herein, facility staff are to be on site within
24 hours of a foreseeable disaster, or as soon as safely possible, unless they are
required to remain at the facility. This does not negate the requirement to have staff on
site and available to run the required generator(s) and other life safety necessities.
h. If the facility requires additional time to process and submit all the requested
information above, the reservation or application must be renewed for an additional
180 days. If the process is not completed within the two 180-day periods provided
above, the reservation or application will expire and a new reservation or application
cannot be processed on that property for 30 days.
Such review costs shall be as stated by the City Code, as amended.
A violation of this section may be enforced pursuant to the provisions proscribed
in Chapter 2, Article X of the City Code, and any other remedies as provided by law,
including but not limited to, an action for injunctive relief in the circuit court. The use of
one remedy shall not preclude the use of another.
1. If the violator is found to have violated this Section, the Code Enforcement
Board may impose a fines as proscribed in Section 2-817 of the City Code and
such fines shall continue to accrue so long as the violation continues to exist on
the property.
2. The Code Enforcement Board is authorized to make a finding of
irreparable/irreversible harm pursuant to Chapter 2, Article X and assess a one-
time fine as allowed by law.
3. A property in violation may also be subject to losing its Certificate of Use and/or
Business Tax Receipt pursuant to Sections 2-211, 31-48, 31-49 of the City
Code, as amended.
Sec. 10-131. - Failure To Acquire Required Permit(S); Securing Of Constructions Sites When
Under Emergency Weather Warning(s) Or Watch(es); Environmental Violations; Stop Work
Order; Penalties.
a. Stop work order. A stop work order shall be issued by the Building Official when the
Building Official or Designee or a City Department Director or Designee recommends
same based upon violations of the City Code, the Miami 21 Code, or any other law.
This may include, but is not limited to, work without a Permit, work done contrary to
approved plans, and work that is being conducted in a dangerous or unsafe manner.
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b.
City permit holders.
c.
It is a condition of every Permit issued by the City that the Permit site be
maintained free from any violations of the City Code.
2. All City Permit holders are required to secure their construction sites when an
emergency warning or watch as is relates to weather phenomena or any other
warning or watch for which an unsecured construction site could become
detrimental to the health, safety, and welfare of the community has been
declared affecting the City.
3. All City Permit holders are required to secure the construction sites and
surrounding areas as required by the department of resilience and public works
from actions including, but not limited to, soil erosion, discharge of water or
sediments into the storm drains or waterways, discharge of waste water from
excavations into the storm drains or waterways, and discharge of oils or oil
compounds into the storm drains or waterways.
Penalties. Violator(s) are subject to any or all of the following:
A stop work order shall be issued by the Building Official until such time as the
violation has been remedied.
2. Enforcement pursuant to Chapter 2, Article X of the City Code wherein each
violation shall carry with it a ticketed fine of up to $500.00, or as determined by
the City Manager, plus costs as determined by the City Manager for each day
the permitted property is in violation and/or may also be issued a notice of
violation pursuant to Chapter 2, Article X of the City Code to be assess per
diem fines and an irreparable/irreversible harm fine for such violation(s).
3. No Permit application will be approved unless the applicant and/or owner have
no open cases or pending fines, debts, or delinquencies related to City Code
violations unless the open cases will be cured by the provided plans submitted
for Permit.
4. Enforcement by one method does not preclude enforcement by any other
means allowable by law.
5. Exemption. Governmental departments, agencies, or entities are exempt from
this section; however, the exemption shall not apply to any independent
contractor or vendor working on their behalf.
Sec. 10-132 through 134. Reserved.
ARTICLE XIII.
RESERVED.
Sec. 10 181.
FENCE REQUIREMENTS FOR MIAMI CITY COMMISSION DISTRICT 4
Pilot program for vacant lot fencing in city commission district 4 Reserved.
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{a) Fences and "no trespassing" signage required.
{1) All vacant lots located within Miami City Commission District 4 shall be
{2) "No trespassing" signs shall be posted on all vacant lots located within the
District 4 subject to this article.
{3)
The property owner shall:
a Keep the lot clear of any and all material overgrowth or any other si ch
0
visual or public nuisance debris;
b. Maintain green screening with the fencing and keep the screening in
good repair; and
c. Sign a consent at the time of permitting for the fence installation to allow
the city to enter upon the lot, locked or unlocked, should the lot become overgrown in
violation of the City Code. The city shall provide 15 days' notice via US Mail and
pasting to the address provided on the consent as well as the mailing address
provided to the Miami Dade County property appraiser prior to entering the lot; and
d. Sign a consent at the time of permitting for the fence installation
paint.
c. Sign a conscnt at thc time of permitting for the fence installation
allowing the Miami Police Department to enforce the trespassing penalties described in
F.S. § 810.08.
f. Register the lot with the city as a vacant lot and maintain the yearly
registration of the lot while it remains vacant.
{b) Expedited permit approval for fcnccs in District 4 for vacant lots. Any such fcncc
permits required by this article shall be processed by the city on an expedited basis and no
building permit fee shall be required. The city shall complete its review and issue the fence
permit within three business days of submission of a completed building permit application
Building Code.
(c) Enhanced penalties; appeals.
{1) Any violation of the provisions of this article may be cited pursuant to chapter,
articic X of thc City Codc and shall result in a civil citation of $500.00 and/or a notice of
violation to be brought before the code enforcement board.
{2) If the owner, agent, or occupant of any property within the District 4 area fail to
fenced and shall keep an accurate accounting of the costs thereof, whereupon the amount of
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cuch costs and the interest thereon shall constitutc and is hereby imposed as a lien against
{3) Any property for which the city is required to enter onto and remove
overgrowth, materials, or other debris shall be subject to a lien against the property with equal
22 118 of the City Code.
{'I) These penalties shall not preclude any other remedies available at law or in
for fencing the property or other work done by the city.
{5) Appeal. An aggrieved party may appeal both the fees asests imposed under
this section to a court of competent jurisdiction in accordance with the Florida Rules of
Appellate Procedure.
(d) Sunset. This article will sunset exactly one year after effective daten22-022, lest
*„
Section 5. If any Section, part of a Section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance shall become effective immediately unless vetoed by the
Mayor within ten (10) days from the date it was passed and adopted
APPROVED AS TO FORM AND CORRECTNESS:
rge Wyng IIQ, C ty ttor° -y 4/29/2024
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