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HomeMy WebLinkAboutAgenda Item Summary FormDate: 02/28/2024 AGENDA ITEM SUMMARY FORM File ID: #15659 Requesting Department: Department of Building Commission Meeting Date: 05/09/2024 Sponsored By: Miguel Gabela, Christine King District Impacted: All Type: Ordinance Subject: Amend Code - Chapter 10 - Buildings in General PURPOSE OF ITEM: 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; AND REPLACING ARTICLE IX, TITLED "FENCE REQUIREMENTS FOR MIAMI CITY COMMISSION DISTRIT 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. BACKGROUND INFORMATION: The drafted amendment to Chapter 10, includes the administrative code of the Florida Building Code, locally adopted for the City of Miami. This administrative amendment is related to assignment of enforcement of duties, procedures, and exclusions. The proposed amendment will streamline processes and improve code compliance. Budget Impact Analysis Total Fiscal Impact: N/A Reviewed B City Commission Teri Samuels Meeting Completed 03/14/2024 9:00 AM City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 City Manager's Office Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney City Commission Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Asael Marrero Fred Pericles Marie Gouin Nzeribe Ihekwaba Arthur Noriega V Marta Gomez Rachel Dooley Maricarmen Lopez Mabel Betancourt George K. Wysong III Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Department Head Review Completed 03/20/2024 8:55 AM Budget Analyst Review Completed 03/20/2024 9:04 AM Budget Review Completed 03/20/2024 1:07 PM Deputy City Manager Completed 03/20/2024 4:15 PM City Manager Review Completed 03/20/2024 4:44 PM Legislative Division Review Completed 03/26/2024 11:30 AM ACA Review Completed 03/26/2024 6:59 PM Meeting Completed 04/11/2024 9:00 AM Approved Form and Correctness Skipped 04/12/2024 3:11 PM Approved Form and Correctness Completed 04/29/2024 12:05 PM Meeting Completed 05/09/2024 9:00 AM Unsigned by the Mayor Completed 05/17/2024 2:21 PM Signed and Attested by the City Clerk Completed 05/17/2024 2:34 PM Rendered Completed 05/20/2024 9:56 AM City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 City of Miami Legislation Ordinance Enactment Number:14279 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. 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 WHEREAS, such an amendment to the City Code is in the best interest of the City and its residents and businesses; City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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:I "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. 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. 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 dangerous buildings 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 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. 11. A building or structure having Tess 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 editionrr , willl remanT in of ect,, rnrcd-renfiorced in t city/ for aII pIanc submitted a d 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 Plano Coi inty Florida as amended /hereinafter referrer! to as "Chapter 8 of Oho County Code"). Following implementation of the "Florida Building Code," the "Florida B gilding (`ode am d " and "Chapter 8 of Co inty (`r de" shall be enforced in a�-arrTericre{�—arra-�rrap[cr-v-crti�{�vanr��vac Tan-p�cnTvrcca�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 dignity with the lien of ad valorem taxes, and shall be superior in rank and dignity to all Interest at the rate of 12 percent per annum shall accrue to such delinquent accounts. Such liens shall be enforced by any of the methods provided in F.S. ch. 86 or, in the altcrnativc, forcclosurc procccdings 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 standard ise individuals-wI se 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"). amended. Dry run is defined as the process of plans signed and sealed by the design team submitted for Income restricted units is a project whose development or refurbishment has resulted and 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. Private provider means a person who can provide alternate plans review under F.S. § 553.791 rl is Ii c as an gineeY nder C C ch i171 or as an archito ch 481 as a�iu-iv-�TEe�i�e�-av-arre�igrrrccr-ci-rracr-r. � crrrccEt�i� cn--Tv-rcr.� amcnded. 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 a-sociated with it to be pulled prior to issuance. Up front fee is the fee a-sociated 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 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 a Residential (i ip to throe dwelling i snits): For all residential properties any trade or master building permit will be charged 0.50 of the estimated conctn action cost (incli iding labor and materials) for new conctn action or additions and 0 50 of the estimated conctn action cost for all remodeling o 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, trade permit and stand alonc pe t fese: Cnr a b gilding whose estimated constri action cost is egi ill 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 --.,s of thc $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 datc. No cxtcnsions will be issued to the phased permits by the building official. These permits will be charged a $1,500.00 fee, plus ably -other applicable curchargec ac defined or raga lire`•! by the curcharg section. e. Fee for work started without permits: When work is commenced prior to section, plu $l 10 00 feeshall be pair) for homestead properties and a fee 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 si 1biect 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 ach January. A crcdit will be applicd to thc total cost of the building permit fee using the ENR BCI should the ENR BCI increase. {2) Surcharges. For all permits ircued, 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 Busine--c and Professional Regulation (DBPR). 2. State of Florida Building Code Administrators and Inspcctors (BCAI). City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 {3) 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. Dermitc for all b iilding 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, solar panel installations and any affordable hoi icing permit that the city director of community development exempts in writing prior to the issuance of the permit. /1. Automatic deferral. The city manager, or his/her designee, shall defer thisurc e for affordable hoi sing de elopmTe-RTc d workforce hoi icing developments for as long as the development remains affordable or workforce housing. The permit applicant shall provide the city the community redevelopment agency covenant n inning with the land or a deer! restriction which enures. 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 were dcferred shall become due and payable to the city within 30 days. d. City energy conservation surcharge. 1. This charge encompa-ses 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. Whcn 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 a-se-sed 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 dons by thc private providcr, thcn the fcc will be onc half of thc onc third credit stipulated above. b. Dry run/upfront fees. At the time of i-nuance of the permit application prose-s number a -signed by the building department, the projects will be charged $2.80 per $1,000.00 of the estimated construction value. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 City of Miami 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 icci led if there is no iss lance of a permit a s bstantial design is submitted, or the permit is not issued 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-meetin ith sstaif from b iilding zoning planning or resilience and public works, $276.00 per each requested discipline fora maxima im of two hoi irs each 2. If additional disciplines are required based on the scope of work, additional chargcs for ch 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 squarc fcct in size. 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 Appeals (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 ppro�perty mi st�pro„e the„ re in compliance with the ^0(F—r�50 ar iv sic iiiaac ivvc c recertification will be assessed a $500.00 for each additional three month extension, with a maximum of two po-cible extensions after the original notification letter. f. Permit by affidavit, and legalization of existing structures. The permit.c; i"sued 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 othcr applicablc cnforccmcnt 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 /1(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 first year a e eceiving-the-certificate-of oc (r n and a fee of $300.00 every five years after that date in accordance with the Florida Building Code. i. Certificate of occupancy (C. O.) and certificate of compliance (C.C.). In accordancc with the rcquircments of the Florida Building Code. File ID: 15659 (Revision:) Printed On: 5/20/2024 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 tensions shall be charged as follows: A. First request. May request an extension of up to 360 days in 90 day-i-Rorament.-the lest 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 360 days in 90 day+ns ee}e s. 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 day+n e s. 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 i pon a showing that all permits am c irrently active and/or no prior permit and/or code violations have occurred at the project site. The exemption shall only be allowcd for the applicablc 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 4(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 i-sued 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; City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 j• C. T.C.O. may be extended a s 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 for commercial and multifamily applications. For those inactive applications (NAC), if authorized by the planning director, they will be 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 noon to re _apply fora now application ni amber 4ll foes 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 daIf the b 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 the inspector is scheduled to visit a site, and any of the included, bit not limiter! to the following issi ies occi ir• a contractor or b iilder 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 merle 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, 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 Building Council. Expedited priority review of permit applications shall be defined asthose 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 '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 the rcquircmcnts of LEED Silver certification. �i. For buildings below 50,000 square feet, and that meet or exceed Oho reg iirements 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' vernig„t re-vi , projects. The expedited service over all review disciplines within the b iilding zonino plannin`r and resilience 0 and public works dcpartments. Outside source review will be the preferred method. 1. Outside source review fee. Actual cost plus ten percent. This ten percent is the administrative fee to cover the cost of the processing. 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 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 p. Change of architect, engineer, or contractor for any type of permit. $100.00. g.Recettifiia-t-iGn of plans and revised nl o and ermit 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. 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, etc.: $2.00 per sheet. 2. File search for every request of building department services, including notice of violations: $/1/1.00. 3. Notarization of any document, including building permit application: $2.00. /1. Sending and receiving faxes (not related to the permitting proce-s): �. 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 duplicate permits arc icsucd for the same work, in City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 f'I ) which case a refund in accordance with subsection 1. below may be granted to the original permit holder providing that the d!i iplicate permits n iere icci ied n iithin 90 days of each other andl 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 301.3(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-ovc 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 re I- firer! work 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. 2 Cash bond! Payable by cash or certifier! cashier's 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 following expenses will be recovered from nece--cary building department enforcement 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 File ID: 15659 (Revision:) Printed On: 5/20/2024 {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. Demolition/secure services will be charged actual cost. a. Asbestos and lead environmental sampling and abatement: Actual cost. ni. 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 waved -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 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 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. 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, City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 waivers Permits. {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 subbssectian 'ln--r (2)-af-t }e City (`ode as amender! for extremely low income 0 and Urban Development and as dctcrmined 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 deferral program described in sections 1 3_8 and 1 3_16 of the City Codo as amended rrr.7 err rr �va�av-arrrcncrca . 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. Fccs 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 same ass`LI affordable housing a {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 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 cxpircd was issued 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. 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 incomc of Miami Dade County at) 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. (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 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. iii. 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. 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. 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 C. Gas: 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. 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: 1.Repair of air conditioning duct. 2.Repair or replacement of coil, compressor or refrigerant City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 E. Plumbing: 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. iii. 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 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 dwellings. 5. Repair/replacement one- and two-family 6. Repair/replacement and two-family dwell 7. Repair/replacement than a pool heater. 8. Repair/replacement line. of faucets in one- and two-family of water closet/bidet/ fixtures only in dwellings. of sink/lavatory/ fixtures only in one- ings. of residential pool equipment other of shut off valve on a domestic water City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 1. Exception: Where defined wind-borne debris regions have not changed, single 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. 553.5O7(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 limited to, home -automation equipment, thermostats, closed-circuit television systems, access controls, battery recharging devices, and video cameras. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. Ele„ator/escalator/boiler and i unfired press ire vessel fees and fines for non_ compliance Floor and Roof Design Loads. {a) Fees. r ciccscalator Elevator/escalator duplicate certificate: $100.00 per elevator/escalator Elevator/escalator delinquent certificate: $50.00 per elevator/escalator Temporary certificate of operations• $100 00 per elevator/eccalator Elevator/escalator annual inspection: $200.00 per elevator/escalator Elevator/escalator re inspection fee: $100.00 per elevator/escalator Elevator witne-s: One year test: $200.00 Five year test: $250.00 Elevator emergency power/fire recall test: $1,000.00 per test ny VI rvuanu rue w. lUVUJ Inevu,un. / rnnieu vn. aicuicucv Elevator/escalator removal fee: $500.00 per elevator/escalator High precs ire boiler anni ial incpection• $1 ` 5 00 per boiler I ow precci ire boiler anni ial inspection• $1 35 00 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 erheater aY'�ndunfired esscureeyeccsei non_ mplian 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 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. Prior to the i"nuance of a building permit for a structure to be built, constructed, or City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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, rc� 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, r�gion, gender, sexII'Tfal orientat n, f statu r handicap and \e/1ll 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 professional licensing requirements of the jurisdiction in which I conduct business, especia#e€e related to safety. city unsafe structure demolitions, the contractor for such construction or demolition, prior to the commencement of any work, shall provide the following: a` A ppested notice, -not -to exceed four sg, iare feee , attac--ed to -a -ten porary 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 nnIV PL INTS O CONCERNS PPE C L L [insert teleph„r, amber] O �n [insert e mail address]. A contractor may incorporate this required language into an already existing sign at the lot or site provided the requirements above are followed. (b) The contractor, if a corporate entity, shall provide its registered name, and not a fictitious name on the notice. (c) 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. (d) The e mail address provided must be active and all complaints or conccrns regarding the site acknowledged within 24 hours of receipt. City of M (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. 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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: 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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: 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) City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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: 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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) 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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: 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. 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 measures reouired for certain buildings Temporary Structures and Uses. {a) For purposes of this section, the term "facility" shall mean community residential homes li d dassist laving facili es Iic c d1 nder C C ch nvnTc�rEe�i�etl�}tF rlceG�rv�Tacrrrrr'c-a-�Tce�iaeG�"rracr-r.�crr. /12Q and nursing homes licenser! uneler C C ch it40 which caterer to the elderly , , (b) Any facilities located in the city shall prepare and annually update a comprehensive cmcrgcncy managcmcnt plan ("plan"). At a minimum, the plan must provide for components that addre-s emcrgcncy cvacuation ort-ation; adeg e ter 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 lore of electrical power after the foreseeable disaster passes; fuel to ri in the generator(s) fora minimum of 72 hoi r-s eihether stored o ' 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 iy ng services it shall provide for indi„idual 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 reyicionc (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 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 subject to approval by all appropriate governmental agencies and/or departments. use 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 set forth in subsection (a), including but not limited to, elevators, lights, emergency facility. Designated Room(s) means a public, common, or private space which can safely and lawfully house residents in an appropriate fashion prc and post forccc ble disaster. Notwithstanding^^any requirement.,mentioned herein, facility staff are to be on site within 2'l hhour^f s �a foreseeable -disaster,, orras rs000n arsaf , posssiblle� 'a'rniiecc trh-ey are required to remain at the facility. This does not negate the requirement to have staff on cite and available to run thc 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 n iithin the two 180 day periods provided above, thc reservation or application will expire and a new reservation or application cannot be processed on that property for 30 days. {i) U) 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 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 businesc tax receipt pursuant to sections 2 211, 31 itQ and 31 n9 vrttri yC-ode, 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 for demonstrated cause. b. Conformance. Temporary structures and uses shall comply with the requirements in Section 3103, Florida Building Code. 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 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 o�rlwatch for �anyunsecured construction site could become detrimental to the -health eafet y,9c nd w lfare of the community has been crrarc-crcrn.. cv ccn 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 propertyisin violation and/or almay also be i-cued a notice of viviolatio uant-to chapter 2, artiGYM'cv�tti� yCodevac for--frurtcrhrer ac ion.. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 {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. Enforcement by one method does not preclude enforcement by any other means allowable by law. (5) Exemption Governmental departments agencies or ontitioc 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 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. -- Rye 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. 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 5. Roofing inspection. Shall at a minimum be made in at least two inspections and include the following building Components: A. Dry -in B. Insulation C. Roof coverings (including In Progress as necessary) D. Insulation on roof deck (according to submitted energy calculation) City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 6. Flashing 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. 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. Mechanical 1. Underground inspection. To be made after trenches or ditches are excavated, 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. 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, City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. 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 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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: City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. iii. All shoring and reshoring procedures, plans and details be 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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: City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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: i_ 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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 possible the owner and occupant of the building, structure or service system of the decision City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. — Rid -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 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. k 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, 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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). 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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; (3) 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 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 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. 3. 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 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. Q. 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 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 J• 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. 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. City of M 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. 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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: 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. Q. 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. j. 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, City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 Boiler, heater and unfired pressure vessel non-compliance fines: 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 trespa-sing" 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 avant Cats 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-ping" 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. Sec. 10 130. Expedited Permit approval for fences in District 5. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 and issue the fence Permit within three business days of submission of a completed building Permit application and all Permits shall adhere to the requirements 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 remains uncured. If the owner, agent, or occupant of any property 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 costs imposed under this Section to a court of competent jurisdiction in accordance with the Florida Rules of Appellate Procedure. 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 cri�nminaal stati tes, c Te r+edies, an es, an vrex The city magi remove unauthorized persons from a property pursuant to Florida laws, including in cases where a lawful trespa-s warning has been provided and the occupants refuse to vacate the property. The city shall also require acce-c to the vacant lot for public safety purposes. Sec. 10 133. Liability. I aw enforcement officers and Code compliance officers as well as city staff and agents are immi one from civil or criminal liability for actions to Len to remove unauthorized persons and secure property pursuant to the authority provided herein. Sec. 10 134. Sunset. This article will sunset on February 28, 2022, unle-s this Section is earlier repealed by the city commi-lion. Sec. 10-129. - Minimum Requirements for Contractors. 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 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. 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 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. 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. City of Miami rue ,u: 7oo0s irlevlsEon:) rnnrea un: o/zuizuz4 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 f(e.g. HIPAA)1. 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. 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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. 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 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. FENCE REQUIREMENTS FOR MIAMI CITY COMMISSION DISTRICT 4 RESERVED. Sec. 10 181. Pilot program for vacant lot fencing in city commission district 4 Reserved. {a) Fences and "no trespassing" signage required. {1) All vacant lots located within Miami City Commission District 4 shall be cncloscd with at I ast a four foot high fcncc. All such fcnccs shall be installed with a permit. {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. Kccp the lot cl or of any and all material, overgrowth, or any other such visual or public nuisance debris; City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 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 posting 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 timc 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 fences in District 4 for vacant lots. Any such fence 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 and all permits shall adhere to the requirements of the City Code, Miami 21, and the a Building Code. (c) Enhanced penalties; appeals. {1) Any violation of the provisions of this article may be cited pursuant to chapter, 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 such costs and the interest thereon shall constitute and is hereby imposed as a lien against the subject property with equal rank and dignity of any other special a -se: sment liens. {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 rank and dignity of any other special assessment liens and enforced as provided for in section 22 118 of the City Code. {'1) These penalties shall not preclude any other remedies available at law or in cquity, including but not limitcd to, injunctivc rclicf in thc circuit court and spccial a"sessments for fencing the property or other work done by the city. {5) Appeal. 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. City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024 *„ 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: ge Wy j ng III, C y ttor -y 4/29/2024 City of Miami File ID: 15659 (Revision:) Printed On: 5/20/2024