(RESERVED)

(a)

Adoption. There is adopted by the City that certain statewide unified code known as the Florida Building Code, as developed and maintained by the state building commission, together with all appendices of the Florida Building Code, Building; all appendices of the NFPA 70, National Electrical Code; all appendices of the Florida Building Code, Plumbing; all appendices of the Florida Building Code, Mechanical; and all appendices of the Florida Building Code, Fuel Gas, thereof. The Florida Building Code is adopted and incorporated in this Article as fully as if set forth in haec verba and, from the date upon which this Article shall take effect, the provisions thereof except as otherwise noted herein shall be controlling in the construction, alteration, removal, demolition, moving, improving, repairing of equipment, use and occupancy, location and maintenance of all buildings and structures within the incorporated areas of the City.

(b)

Scope. The provisions of this Article shall govern the administration and enforcement of the Florida Building Code.

(c)

Title. The provisions of this Article shall constitute and be known and cited as the City of Brooksville Building Code.

(d)

Code remedial.

(1)

Generally. The Code adopted in this Article is declared to be remedial and shall be construed to secure the beneficial interests and purposes thereof, which are public safety, health and general welfare through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards attributed to the built environment including alteration, repair, removal, demolition, use and occupancy of buildings, structures or premises, and by regulating the installation and maintenance of all electrical, gas, mechanical and plumbing systems, which may be referred to as service systems.

(2)

Quality control. Quality control of materials and workmanship is not within the purview of the Florida Building Code except as it relates to the purposes stated in this Article.

(3)

Permitting and inspection. The inspection or permitting of any building, system or plan by the City under the requirements of this Article shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. Neither the City nor any employee thereof shall be liable in tort for damages for any defect 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, unless the employee of the City is found to have acted in bad faith or with malicious purpose in a manner exhibiting wanton and willful disregard of the safety, health and welfare of the public.

(e)

Applicability of Article.

(1)

Where, in any specific case, different Sections of this Article specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

(2)

The provisions of this Article 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 of the Florida Building Code. The following buildings, structures and facilities are exempt from the provisions of this Article as provided by law, and any future exemptions shall be as determined by the legislature and provided by law:

a.

Buildings and structures specifically regulated and preempted by the federal government.

b.

Railroads and ancillary facilities associated with the railroad.

c.

Non-residential farm buildings on farms.

d.

Temporary buildings or sheds used exclusively for construction purposes.

e.

Mobile or modular structures used as temporary offices, except that the provisions of F.S. pt. II, §§ 553.501—553.513 relating to accessibility by persons with disabilities shall apply to such mobile homes.

f.

Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are directly involved in the generation, transmission or distribution of electricity.

g.

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.

h.

Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this subsection, 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.

i.

Family mausoleums not exceeding 250 square feet (23 m ² ) 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.

j.

Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system.

k.

A building or structure having less than 1,000 square feet (93 m ² ) 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:

1.

Is not rented or leased or used as a principal residence;

2.

Is not located within the 100-year flood plain according to the Federal Emergency Management Agency's current Flood Insurance Rate Map; and

3.

Is not connected to an off-site electric power or water supply.

(3)

This Article does not apply to, and no code enforcement action shall be brought under this Article 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 the enforcement of this Article. Additionally, a local code enforcement agency may not administer or enforce this Article to prevent the siting of any publicly owned facility, including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community colleges, or public education facilities, as provided by law.

(4)

In addition to the requirements of F.S. §§ 553.79 and 553.80, facilities subject to the provisions of F.S. ch. 395 and F.S. ch. 400, Part II, shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of F.S. ch. 395 and F.S. ch. 400, Part II, and the certification requirements of the federal government.

(5)

Residential buildings or structures moved into or within the City 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:

a.

The building or structure is structurally sound and in an occupiable condition for its intended use;

b.

The occupancy use classification for the building or structure is not changed as a result of the move;

c.

The building is not substantially remodeled;

d.

Current fire code requirements for ingress and egress are met;

e.

Electrical, gas and plumbing systems meet the codes in force at the time of construction and are operational and safe for reconnection; and

f.

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.

(6)

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.

(7)

Unsafe buildings shall be abated using the current version of the International Property Maintenance Code, as adopted and amended by ordinance.

(8)

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 Insurance to inspect state-owned buildings and boilers.

(9)

The provisions of Chapter 27 of the Florida Building Code, Electrical, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.

(10)

The provisions of the Florida Building Code, Fuel Gas, shall apply to the installation of consumers' gas piping, 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.

(11)

The provisions of the Florida Building Code, Mechanical, shall apply to the installation of mechanical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances, including ventilating, heating, cooling, air conditioning and refrigeration systems, incinerators and other energy-related devices.

(12)

The provisions of the Florida Building Code, Plumbing, shall apply to every plumbing installation, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances and when connected to a water or sewerage system and all aspects of a medical gas system.

(13)

The provisions of this Article shall not be held to deprive any federal or state agency, or any applicable governing authority having jurisdiction, of any power or authority which it had on the effective date of the adoption of this Article or of any remedy then existing for the enforcement of its orders, nor shall it deprive any individual or corporation of its legal rights as provided by law.

(14)

The appendices included in the technical codes referred to in this Section are hereby adopted.

(15)

Standards referenced in the technical codes referred to in this Section shall be considered an integral part of the codes. If specific portions of a standard are denoted by code text, only those portions of the standard shall be enforced. Where code provisions conflict with a standard, the code provisions shall be enforced. Permissive and advisory provisions in a standard shall not be construed as mandatory.

(16)

The inch-pound system of measurement is applicable to the provisions of the Florida Building Code. Metric units indicated in parenthesis following inch-pound units are approximate equivalents and are provided for informational purposes only.

(17)

For provisions related to accessibility, refer to the Florida Building Code, Accessibility, current edition.

(18)

For provisions related to energy, refer to the Florida Building Code, Energy Conservation, current edition.

(Ord. No. 831, § 2, 8-6-2012; Ord. No. 935, § 1, 2-7-2022)

The rules set out in this Section shall be observed, unless such construction is inconsistent with the manifest intent of this Article. The rules of construction and definitions set out in this Section shall not be applied to any Section of this Article which contains any express provisions excluding such construction, or where the subject matter or content of such Section would be inconsistent with this Section. All provisions, terms, phrases and expressions contained in this division shall be liberally construed in order that the true intent and meaning of the administration of the City may be fully carried out. Terms used in this division, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of this state for the same terms. In case of any difference of meaning or implication between the text of this division and any figure, the text shall control. Words not defined in this Section shall have the meaning stated in state statutes; other nationally recognized codes; other City ordinances; or other documents, manuals or standards adopted elsewhere in this Article. Words not defined in those documents shall have the meaning stated in the Webster's Ninth New Collegiate Dictionary, as revised. In case of a conflict in definitions or Codes, the appropriate definition (or Code) to be applied shall be the one applicable to the trade in question. In case of a conflict between different Parts of this Article, conflicts within the same Code or conflicts between Code, the more stringent requirements shall be applicable.

Abandon and abandonment mean:

(1)

Termination of a construction project by a contractor without just cause or proper notification to the owner including the reason for termination; or,

(2)

Failure of a contractor to perform work without just cause for 90 days; or,

(3)

Failure to obtain an approved inspection within 180 days from the previous approved inspection.

Appraised value means either:

(1)

120 percent of the assessed value of a structure as indicated by the county property appraiser's office; or

(2)

The value as indicated in a certified appraisal from a certified appraiser.

Assessed value means the value of real property and improvements thereon as established by the county property appraiser.

Authorized agent means a person specifically designated as set forth on an approved authorized agent affidavit form. Such person will have authority as set forth by the affidavit.

Basic wind speed line means as described below and displayed by the Hernando County Wind-Borne Debris Region and Basic Wind Speed Map attached to, and made part of this Article. Areas west of the wind speed contour line shall be designated as a 120 mile per hour wind zone, and areas east of the wind speed contour line shall be designated as a 110 mile per hour wind zone. Hernando County Wind Speed Contour Line: Starting at the Pasco-Hernando county line going north on Culbreath Road (C.R. 581) to Powell Road (C.R. 572) east to Emerson Road (C.R. 581) north to Jefferson Street (S.R. 50A) west to Broad Street (S.R. 41) north to Snow Memorial Highway (C.R. 481) and north to and ending at the Citrus-Hernando county line.

Board means the appropriate City or county board of adjustment and appeals, unless otherwise specifically stated.

Building component means an element or assembly of elements integral to or part of a building.

Building shell means the structural components that completely enclose a building, including, but not limited to, the foundation, structural frame, floor slabs, exterior walls and roof system.

Building system means a functionally related group of elements, components or equipment, such as the electrical, plumbing and mechanical systems of a building.

Certificate of occupancy (C.O.) means an official document evidencing that a building satisfies the requirements of the City for the occupancy of a building.

Change of occupancy means a change from one building code occupancy classification or subclassification to another.

Commercial building means any building, structure, improvement or accessory thereto, other than a one-family or two-family dwelling.

Cumulative construction cost means the sum total of costs associated with any construction work done to a building or structure either at one time or at different times within a specified period of time.

Delegation of authority. Whenever a provision appears requiring the Building Official or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the Building Official or other officer to designate, delegate and authorize professional level subordinates to perform the required act or duty unless the terms of the provision or Section specify otherwise.

Demolition means the act of razing, dismantling or removal of a building or structure, or portion thereof, to the ground level.

Imminent danger means structurally unsound conditions of a structure or portion thereof that is likely to cause physical injury to a person entering the structure; or due to structurally unsound conditions, any portion of the structure is likely to fall, be carried by the wind, or otherwise detach or move, and in doing so cause physical injury or damage to a person on the property or to a person or property nearby; or the condition of the property is such that it harbors or is inhabited by pests, vermin or organisms injurious to human health, the presence of which constitutes an immediate hazard to people in the vicinity.

Inspection warrant means a court order authorizing the official or his designee to perform an inspection of a particular property named in the warrant.

Intensification of use means an increase in capacity or number of units of a residential or commercial building.

Interior finish means the preparation of interior spaces of a commercial building for the first occupancy thereof.

Interpretation means that interpretations of this Article shall be made by the Building Official.

Market value means as defined in the floodplain regulations of the Florida Building Code.

Month means a calendar month.

Permit means an official document authorizing performance of a specific activity regulated by this Article.

Permit card or placard means a document issued by the City evidencing the issuance of a permit and recording of inspections.

Remodeling means work which changes the original size, configuration or material of the components of a building.

Residential building means any one-family or two-family building or accessory.

Roofing means the installation of roof coverings.

Shall is mandatory; may is permissive. The term "shall" takes precedence over the term "may."

Spa means any constructed or prefabricated pool containing water jets.

Start of construction means:

(1)

Site. The physical clearing of the site in preparation for foundation work including, but not limited to, site clearing, excavation, dewatering, pilings and soil testing activities.

(2)

Building. The removal, disassembly, repair, replacement, installation or assembly of the building, structure, building system or building components in whole or parts thereof.

Stop work order means an order by the Building Official, or his designee, which requires the immediate cessation of all work and work activities described in the order.

Structural component means any part of a system, building or structure, loadbearing or nonloadbearing, which is integral to the structural integrity thereof, including, but not limited to, walls, partitions, columns, beams and girders.

Structural work or alteration means the installation or assembling of new structural components into a system, building or structure. Also, any change, repair or replacement of any existing structural component of a system, building or structure.

Substantial completion means where the construction work has been sufficiently completed in accordance with the applicable City, state and federal codes, so that the owner can occupy or utilize the project for the use for which it is intended.

Value means the job cost, including, but not limited to, materials and labor.

Wind borne debris region means those areas lying within the established coastal high hazard as designated on a FIRM as zone V1—V30. This area is commonly referred to as the "V Zone."

Written or in writing shall be construed to include any representation of words, letters or figures whether by printing or otherwise.

Year means a calendar year, unless a fiscal year is indicated.

(a)

Establishment of Building Department. There is established a department to be called the Building Department and the person in charge shall be known as the Building Official.

(b)

Employee qualifications.

(1)

Building official qualifications. The Building Official shall be licensed as a building code administrator by the state. The Building Official shall be appointed or hired by the City Manager.

(2)

Employee qualifications. The Building Official, with the approval of the City Manager, may appoint or hire such number of officers, inspectors, plans examiners, assistants and other employees as shall be authorized from time to time. A person shall not be appointed or hired as inspector or plans examiner unless that person meets the qualifications for licensure as an inspector or plans examiner, in the appropriate trade as established by the state.

(3)

Restrictions on employees. An officer or employee connected with the Building Department, except one whose only connection is as a member of the commission established by this Article, shall not be financially interested in the furnishing of labor, material or appliances for the construction, alteration or maintenance of a building, structure, service, system or in the making of plans or of specifications thereof, within the jurisdiction of the Building Department, unless he is the owner of such. This officer or employee shall not engage in any other work which is inconsistent with his duties or conflict with the interest of the Building Department.

(4)

Records. The Building Official shall keep, or cause to be kept, a record of the business of the Building Department. The records of the Building Department shall be open to public inspection.

(5)

Liability. Any officer or employee charged with the enforcement of this Article, acting for the City in the discharge of his duties, shall not thereby render himself personally liable, and is relieved from all personal liability, for any damage that may occur to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee or member because of such act performed by him in the enforcement of any provisions of this Article shall be defended by the City Attorney until the final termination of the proceedings, unless such person is found to have acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard for the safety, health and welfare of the public.

(c)

Powers and duties of the Building Official.

(1)

Generally. The Building Official is authorized and directed to enforce the provisions of this Article. The Building Official shall have the authority to render interpretations of this Article 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 Article, and shall not have the effect of waiving requirements specifically provided for in this Article.

(2)

Right of entry.

a.

Whenever necessary to make an inspection to enforce any of the provisions of this Article, or whenever the Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or Code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the Building Official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this Article. If such building or premises are occupied, he shall first present proper credentials and request entry. If such building, structure or premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the Building Official shall have recourse to every remedy provided by law to secure entry.

b.

When the Building Official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this subsection.

(3)

Stop work orders. Upon notice from the Building Official, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of this Article or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the Building Official shall not be required to give a written notice prior to stopping the work. It shall be unlawful for any person to continue to work or perform acts for which a stop work order was issued. A person failing to comply with a stop work order or otherwise violate a stop work order shall be deemed to have violated this Article and is subject to applicable disciplinary guidelines as provided in the City construction licensing code.

(4)

Revocation of permits. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this Article whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any provisions of this Article.

a.

Misrepresentation of application. The Building Official may revoke a permit or approval, issued under the provisions of this Article, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.

b.

Violation of Article provisions. The Building Official may revoke a permit upon determination by the Building Official that the construction, erection, alteration, repair, moving, demolition, installation or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this Article.

(5)

Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the International Property Maintenance Code, current edition or other City Code.

(6)

Requirements not covered. Any requirements necessary for the 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, not specifically covered by this Article or the other technical codes referred to in Section 10-1.2(e) shall be determined by the Building Official.

(7)

Alternate materials and methods.

a.

The provisions of the technical codes referred to in Section 10-1.2(e) are not intended to prevent the use of any material or method of construction not specifically prescribed by them, provided any such alternate has been reviewed by the Building Official. The Building Official shall approve any such alternate, provided the Building Official finds that the alternate for the purpose intended is at least the equivalent of that prescribed in the technical codes in quality, strength, effectiveness, fire resistance, durability and safety. When alternate life safety systems are designed, the SFPE Engineering Guide to Performance-Based Fire Protection Analysis and Design of Buildings, or other methods approved by the Building Official may be used. The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternate.

b.

Alternate designs and technologies for providing access to and usability of a facility for persons with disabilities shall be in accordance with Section 11-2.2 of the Florida Building Code.

(d)

Permits.

(1)

Permit application.

a.

When required. Any owner, authorized agent or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy or occupant content of a building or structure, or any outside area being used as part of the building's designated occupancy (single or mixed) or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the technical codes referred to in Section 10-1.2(e) or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit for the work. Permits shall not be required for the following mechanical work:

1.

Any portable heating appliance;

2.

Any portable ventilation equipment;

3.

Any portable cooling unit;

4.

Any steam, hot or chilled water piping within any heating or cooling equipment regulated by this Article;

5.

Replacement of any part which does not alter its approval or make it unsafe, not including components of a central heating and air conditioning system;

6.

Any portable evaporative cooler;

7.

Any self-contained refrigeration system containing ten pounds (4.54 kg) or less of refrigerant and actuated by motors of one horsepower (746 W) or less;

8.

The installation, replacement, removal or metering of any load management control device; and

9.

Other construction work deemed exempt by written policy of the Building Official.

b.

Temporary structures. A special building permit for a limited time shall be obtained before the erection of temporary structures such as construction sheds, seats, canopies, tents and fences used in construction work or for temporary purposes such as reviewing stands. Such structures shall be completely removed upon the expiration of the time limit stated in the permit.

c.

Work authorized. A building, electrical, gas, mechanical or plumbing permit shall carry with it the right to construct or install the work, provided the same is shown on the drawings and set forth in the specifications filed with the application for the permit. Where these are not shown on the drawings and covered by the specifications submitted with the application, separate permits shall be required.

d.

Minor repairs. Ordinary minor repairs may be made with the approval of the Building Official without a permit, provided that such repairs shall not violate any of the provisions of the technical codes referred to in Section 10-1.2(e).

e.

Information required. Each application for a permit, with the required fee, shall be filed with the Building Official on a form furnished for that purpose and shall contain a general description of the proposed work and its location. The application shall be signed by the owner or his authorized agent. The building permit application shall indicate the proposed occupancy of all Parts of the building and of that portion of the site or lot, if any, not covered by the building or structure and shall contain such other information as may be required by the Building Official. Permit application forms shall be in the format prescribed by the Building Official, and must comply with the requirements of F.S. § 713.135(6) and (7). Each application shall be inscribed with the date of application and the Code in effect as of that date.

f.

Time limitations. Except as otherwise provided in this Article, an application for a permit for any proposed work shall be deemed to have been abandoned, and shall expire by limitation and become null and void after the date of filing for the permit unless such application has been pursued in good faith, or a permit has been issued. One or more extensions of time for periods of not more than 90 days each may be allowed by the Building Official for the application, provided the extension is requested in writing and justifiable cause is demonstrated.

g.

Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system, the Building Official is authorized to issue an annual permit for group F occupancies 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. A facility service permit shall be assessed 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.

h.

Annual 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 reasonable access to such records upon request. The permit holder shall list/identify all work performed on a form approved by the Building Official. At the end of the permit validation period, a copy of the log shall be filed with the Building Official. The Building Official is authorized to revoke or withhold the issuance of the future permits if a pattern of code violations is found to exist.

i.

Food permit. As per F.S. § 500.12, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store.

j.

Notice of commencement. As per F.S. § 713.135, 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 18-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. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.

k.

Asbestos. Each building permit for the demolition or renovation of an existing structure shall contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of F.S. § 469.003 and to notify the Department of Environmental Protection of his intentions to remove asbestos, when applicable, in accordance with state and federal law.

(2)

Drawings and specifications.

a.

Requirements. Two or more copies of specifications and of drawings drawn to a minimum one-quarter-inch scale with sufficient clarity and detail to indicate the nature and character of the work shall accompany the application for a permit. 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 referred to in Section 10-1.2(e). 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.

1.

For roof assemblies required by the Florida Building Code, the construction documents shall illustrate, describe and delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a statement by an architect or engineer for the specific site must be submitted with the construction documents.

2.

The Building Official shall be allowed to require details, computations, stress diagrams and other data necessary to describe the construction or installation and the basis of calculations.

b.

Design professional. If the design professional is an architect or engineer legally registered under the laws of this state regulating the practice of architecture or engineering, then he shall affix his official seal to such drawings, specifications and accompanying data, as required by state statute. Certification by contractors authorized under the provisions of F.S. § 489.115(4)(b) shall be considered equivalent to sealed plans and specifications by a person licensed under F.S. ch. 471 or F.S. ch. 481 by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind resistance provisions of the Florida Building Code or alternate methodologies approved by the state building commission for one-family 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 F.S. chs. 471, 481 or 489.

c.

Structural and fire resistance integrity. Plans for all buildings shall indicate how required structural and fire resistance integrity will be maintained where a penetration of a required fire resistant wall, floor or partition will be made for electrical, gas, mechanical, plumbing and communication conduits, pipes and systems. Such plans shall also indicate in sufficient detail how the fire integrity will be maintained where required fire resistant floors intersect the exterior walls and where joints occur in required fire resistant construction assemblies.

d.

Site drawings. Drawings shall show the location of the proposed building or structure and of every existing building or structure on the site or lot. The Building Official shall be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be readily determined in the field.

e.

Hazardous occupancies. The Building Official may require the following:

1.

General site plan. A general site plan drawn at a legible scale which shall include, but not be limited to, the location of all buildings, exterior storage facilities, permanent access ways, evacuation routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, storm and sanitary sewer accesses, emergency equipment and adjacent property uses. The exterior storage areas shall be identified with the hazard classes and the maximum quantities per hazard class of hazardous materials stored.

2.

Building floor plan. A building floor plan drawn to a legible scale, which shall include, but not be limited to, all hazardous materials storage facilities within the building and shall indicate rooms, doorways, corridors, exits, fire rated assemblies with their hourly rating, location of liquid tight rooms, and evacuation routes. Each hazardous materials storage facility shall be identified on the plan with the hazard classes and quantity range per hazard class of the hazardous materials stored.

f.

Certificate of protective treatment for prevention of termites. A weather resistant job site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval.

g.

Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for re-inspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel.

(3)

Examination of documents.

a.

Plan review. The Building Official shall examine or cause to be examined each application for a permit and the accompanying documents, consisting of drawings, specifications, computations and additional data, and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of the technical codes referred to in Section 10-1.2(e) and all other pertinent laws or ordinances. Building plans approved pursuant to F.S. § 553.77(6) and state-approved manufactured buildings are exempt from City Codes enforcing agency plan reviews except for provisions of the Florida Building Code relating to erection, assembly or construction at the site. Erection, assembly and construction at the site are subject to City permitting and inspections. Industrial construction on sites where design, construction and fire safety are supervised by appropriate design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt from review of plans and inspections, providing owners certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire-safety inspectors.

1.

Minimum plan review criteria for buildings. The examination of the documents by the Building Official shall be in accordance with the current Florida Building Code.

2.

Exemptions. Plans examination by the Building Official shall not be required for the following work:

a.

Replacing existing equipment such as mechanical units, water heaters, etc.

b.

Re-roofs.

c.

Minor electrical, plumbing and mechanical repairs.

d.

Annual maintenance permits.

e.

Prototype plans except for local site adaptations, siding, foundations and/or modifications except for structures that require waiver.

b.

Affidavits. The Florida Building Code, Building, Section 107.6. is hereby amended as follows:

The Building Official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes referred to in Section 10-1.2(e) For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The Building Official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the Building Official copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a certification that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes and other pertinent laws or ordinances. The Building Official shall ensure that any person conducting plans review is qualified as a plans examiner under F.S. ch. 468, pt. XII (F.S. § 468.601 et seq.), and that any person conducting inspections is qualified as a building inspector under F.S. § 468.601 et seq.

(4)

Issuing permits.

a.

Action on permits.

1.

The Building Official shall act upon an application for a permit without unreasonable or unnecessary delay. If the Building Official is satisfied that the work described in an application for a permit and the contract documents filed therewith conform to the requirements of the technical codes referred to in Section 10-1.2(e) and other pertinent laws and ordinances, he shall issue a permit to the applicant. 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.

2.

If a state university, state community college, or public school district elects to use the City's code enforcement offices, fees charged for enforcement of the Florida Building Code on buildings, structures and facilities of state universities, state colleges, and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the Code.

3.

No permit may be issued for any building construction, erection, alteration, modification, repair or addition unless the applicant for such permit provides to the City any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under F.S. ch. 471:

a.

Electrical documents for any new building or addition which requires an aggregate service capacity of 600 amperes (240 volts) or more on a residential electrical system or 800 amperes (240 volts) on a commercial or industrial electrical system and which costs more than $50,000.00.

b.

Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than $125,000.00.

c.

Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. A contractor I, contractor II, or contractor IV, certified under F.S. § 633.521, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system.

d.

Heating, ventilation and air conditioning documents for any new building or addition which requires more than a 15-ton-per-system capacity which is designed to accommodate 100 or more persons or for which the system costs more than $125,000.00. This subsection 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-family, two-family, three-family or four-family structure. An air conditioning system may be designed by an installing air conditioning contractor certified under F.S. ch. 489, to serve any building or addition which is designed to accommodate fewer than 100 persons and requires an air conditioning system with a value of $125,000.00 or less; 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 required design documents that are to be sealed by a professional engineer.

1.

Example 1. When a space has two ten-ton systems with each having an independent duct system, the contractor may design these two systems since each system is less than 15 tons.

2.

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 $47,000.00 and the office building accommodates fewer than 100 persons.

Note: The limiting criteria of 100 persons and $125,000.00 apply to the building occupancy load and the cost of the total air conditioning system of the building.

e.

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 $5,000.00. Documents requiring an engineer seal by this Part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated and stamped such document as provided in F.S. § 471.025.

4.

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."

5.

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 City's Code.

b.

Refusal to issue permit. If the application for a permit and the accompanying contract documents describing the work do not conform to the requirements of the technical codes referred to in Section 10-1.2(e) or other pertinent laws or ordinances, the Building Official shall not issue a permit, but shall return the contract documents to the applicant with his refusal to issue such permit. Such refusal shall, when requested, be in writing and shall contain the reason for refusal.

c.

Identification of minimum premium policy. Except as otherwise provided in F.S. ch. 440, workers compensation, every employer shall, as a condition to receiving a building permit, show proof that it has secured compensation for its employees as provided in F.S. §§ 440.10 and 440.38.

d.

Asbestos removal. Moving, removal or disposal of asbestos-containing materials may be permitted 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 the disclosure statement. To qualify for exemption under this subsection, an owner must personally appear and sign the building permit application. The Building Official 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 one 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.

e.

Special foundation permit. When application for permit to erect or enlarge a building has been filed and pending issuance of such permit, the Building Official may, at his discretion, issue a special permit for the foundation only. The holder of such a special permit is proceeding at their own risk and without assurance that a permit for the remainder of the work will be granted nor that corrections will not be required in order to meet provisions of the technical codes referred to in Section 10-1.2(e).

f.

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 such 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 made application for right-of-way permits from the authority having jurisdiction over the street, alley or public lane.

(5)

Conditions of the permit.

a.

Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes referred to in Section 10-1.2(e) nor shall issuance of a permit prevent the Building Official from thereafter requiring a correction of errors in plans, construction or violations of this Article. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced. Failure to obtain an approved inspection within 180 days of the previous approved inspection shall constitute suspension or abandonment. One or more extensions of time, for periods not more than 90 days each, may be allowed by the Building Official for the permit, provided the extension is requested in writing and justifiable cause is demonstrated prior to the expiration date. The Building Official shall record the extension of time granted.

1.

If work has commenced and the permit is revoked, becomes null and void, expires because of lack of progress or abandonment, or a change in the primary contractor is made, a new permit covering the proposed or remaining construction shall be obtained before proceeding with the work.

2.

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.

3.

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.

4.

The fee for renewal, reissuance and extension of a permit shall be set forth by the City Council.

5.

Permits issued for the demolition of a structure shall expire 60 days from the date of issuance. For a justifiable cause, one extension of time for a period not exceeding 30 days may be allowed. Such request shall be in writing to the Building Official.

6.

Unless otherwise stated in this Article, a permit shall be valid for a period not exceeding two years from the date of issuance.

b.

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 referred to in Section 10-1.2(e). 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 F.S. ch. 468, pt. XII (F.S. § 468.601 et seq.) and that any person conducting inspections is qualified as a building inspector under F.S. ch. 468, pt. III (F.S. § 468.201 et seq.).

c.

Plans. When the Building Official issues a permit, the Building Official shall endorse, in writing or by stamp, both sets of reviewed plans "Reviewed for Code Compliance." One set of reviewed drawings shall be retained by the Building Official and the other set shall be returned to the applicant. The permit drawings shall be kept at the site of work and shall be open to inspection by the Building Official or his authorized representative.

d.

Work starting before permit issuance. Upon approval of the Building Official, the scope of work delineated in the building permit application and plans 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.

(6)

Fees.

a.

Prescribed fees. A permit shall not be issued until fees authorized under F.S. § 553.80 have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical or gas systems, has been paid.

b.

Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the Building Official's approval or the necessary permits shall be subject to a penalty of double (200 percent) the usual permit fee in addition to the required permit fees or as provided by City Council resolution. 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 permits must be obtained within three business days and any unreasonable delay in obtaining those permits shall result in the charge of a double fee in addition to the required permit fees. The payment of a double fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The Building Official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing.

c.

Accounting. The Building Official shall keep a permanent and accurate accounting of all permit fees and other monies collected, the names of all persons upon whose account the same was paid, along with the date and amount thereof.

d.

Schedule of permit fees. On all buildings, structures, electrical, plumbing, mechanical and gas systems or alterations requiring a permit, a fee for each permit shall be paid as required at the time of filing application, in accordance with the schedule as established by City Council.

e.

Types of fees enumerated. Fees are established by City Council resolution and may be charged for all of, but not limited to, the following:

1.

Permits.

2.

Plans examination.

3.

Certificates of competency (including fees for applications, examinations, renewal, late renewal and reciprocity).

4.

Reinspections.

5.

Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the board).

6.

Variance requests.

7.

Administrative appeals.

8.

Violations.

9.

Other fees as established by City Council resolution.

f.

Building permit valuations. If, in the opinion of the Building Official, the valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official. Permit valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment and other systems, including materials and labor. The permit valuation may be calculated using the latest building valuation data published by the International Code Council (ICC) or other applicable model code organization, at the option of the Building Official.

(7)

Inspections.

a.

Existing building inspections. Before issuing a permit, the Building Official may examine or cause to be examined any building, electrical, gas, mechanical or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install or change the occupancy. He shall inspect all buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, during and upon completion of the work for which a permit was issued. He shall make a record of every such examination and inspection and of all violations of the technical codes referred to in Section 10-1.2(e).

b.

Manufacturers and fabricators. When deemed necessary by the Building Official, he 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 referred to in Section 10-1.2(e).

c.

Inspection service. The Building Official may make, or cause to be made, the inspections required by this Section. He may accept reports of department inspectors, independent inspectors or of recognized inspection services, provided that after investigation he is satisfied as to their licensure, qualifications and reliability. A certificate required by any provision of this Article shall not be based on such reports unless the same are recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified by the Building Official. The Building Official shall ensure that all persons making such inspections shall be certified in accordance to F.S. ch. 468.

d.

Inspections prior to issuance of certificate of occupancy or completion. The Building Official shall inspect or cause to be inspected, at various intervals, all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion, prior to the issuance of the certificate of occupancy or certificate of completion. In performing inspections, the Building Official shall give first priority to inspections of the construction, addition or renovation to any facilities owned or controlled by a state university, state community college or public school district.

e.

Posting of permit. Work requiring a permit shall not commence until the permit holder or his agent posts the permit card in a conspicuous place on the premises. The permit shall be protected from the weather and located in such position as to permit the Building Official or representative to conveniently make the required entries thereon. This permit card shall be maintained in such position by the permit holder until the certificate of occupancy or completion is issued by the Building Official.

f.

Inspection requests. A permit holder (owner/contractor) is responsible for requesting a final inspection within ten calendar days of the completion of permitted work, and if applicable, a re-inspection within seven days of the issuance of a red-tag. A person failing to request an inspection as described in this Section is deemed to have violated this Article.

g.

Required inspections. The Building Official, upon notification from the permit holder or his agent, shall make inspections based on the Florida Building Code requirements, and shall either release that portion of the construction or shall notify the permit holder or his agent of any violations which must be corrected in order to comply with the technical codes.

(8)

Threshold building.

a.

The Building Official 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 Building Official prior to the issuance of a building permit for the construction of a threshold building. The purpose of the structural inspection plan is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents.

b.

The special inspector shall inspect the shoring and reshoring for conformance to the shoring and reshoring plans submitted to the Building Official. 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 F.S. § 553.71(7), may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code, Building.

c.

The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the special inspector shall be responsible to the City. The inspector shall be a person certified, licensed or registered under F.S. ch. 471 as an engineer or under F.S. ch. 481 as an architect.

d.

On every threshold building:

1.

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 loadbearing components complies with the permitted documents, and the shoring and reshoring conforms to the shoring and reshoring plans submitted to the City of Brooksville."

2.

Any proposal to install an alternate structural product or system to which building codes apply shall be submitted to the City for review for compliance with this Article and made a part of the City's recorded set of permit documents.

3.

All shoring and reshoring procedures, plans and details shall be submitted to the City for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected and certified to be in compliance with the shoring documents by the contractor.

4.

All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement 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 in accordance with this Section and F.S. ch. 633.

5.

The Building Official shall not issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in F.S. § 489.105(3)(a), or to a licensed building contractor, as defined in F.S. § 489.105(3)(b), within the scope of his license.

6.

The Building Official may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this Article, F.S. § 553.73, without duplicative inspection by the Building Official. The Building Official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under F.S. ch. 468, pt. XII (F.S. § 468.601 et seq.), or certified as a special inspector under F.S. chs. 471 or 481. Inspections of threshold buildings required by F.S. § 553.79(5) are in addition to the minimum inspections required by this Article.

(9)

Certificates.

a.

Certificate of occupancy.

1.

Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the Building Official has issued a certificate of occupancy. Such certificate shall not be issued until all required electrical, gas, mechanical, plumbing and fire protection systems have been inspected for compliance with the technical codes referred to in Section 10-1.2(e) and other applicable laws and ordinances and released by the Building Official.

2.

Issuing certificate of occupancy. Upon completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical codes referred to in Section 10-1.2(e) reviewed plans and specifications, and after the final inspection, and after verification that all septic system permits have received an approved final inspection where applicable, the Building Official shall issue a certificate of occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Article.

3.

Temporary/partial occupancy. A temporary/partial certificate of occupancy may be issued for a portion of a building which may safely be occupied prior to final completion of the building.

b.

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 or connect a building, such as a shell building, prior to the issuance of a certificate of occupancy.

c.

Service utilities.

1.

Connection of service utilities. No person shall make connections from a utility source of energy, fuel or power to any building or system which is regulated by the technical codes referred to in Section 10-1.2(e) for which a permit is required, until released by the Building Official and a certificate of occupancy or completion is issued.

2.

Temporary connection. The Building Official may authorize the temporary connection of the building or system to the utility source of energy, fuel or power for the purpose of testing building service systems or for use under a temporary certificate of occupancy.

3.

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 the technical codes referred to in Section 10-1.2(e) in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.

d.

Posting floor loads.

1.

Occupancy. An existing or new building shall not be occupied for any purpose which will cause the floors thereof to be loaded beyond their safe capacity.

2.

Storage and factory-industrial occupancies. It shall be the responsibility of the owner, agent, proprietor or occupant of group S and group F occupancies, or any occupancy where excessive floor loading is likely to occur, to employ a competent architect or engineer in computing the safe load capacity. All such computations shall be accompanied by an affidavit from the architect or engineer stating the safe allowable floor load on each floor in pounds per square foot uniformly distributed. The computations and affidavit shall be filed as a permanent record of the Building Department.

3.

Signs required. In every building or part of a building used for storage, industrial or hazardous purposes, the safe floor loads, as reviewed by the Building Official on the plan, shall be marked on plates of approved design which shall be supplied and securely affixed by the owner of the building in a conspicuous place in each story to which they relate. Such plates shall not be removed or defaced, and if lost, removed or defaced, shall be replaced by the owner of the building.

(10)

Tests. For products not covered under the statewide product evaluation and approval system, the Building Official may require tests or test reports as proof of compliance. Required tests are to be made at the expense of the owner, or his agent, by an approved testing laboratory or other approved agency.

(Ord. No. 831, § 2, 8-6-2012; Ord. No. 874, § 1(Exh. A), 11-6-2017; Ord. No. 935, § 1, 2-7-2022)

(a)

Appointment. There may be established a board to be called the construction board of adjustment and appeals, which shall consist of nine members but not less than seven. The board shall be appointed by the City Council. Alternatively and in accordance with F.S. § 553.80(2)(a), the City Council may enter into an interlocal agreement with another jurisdiction and form an enforcement district for the purpose of enforcing and administering the provisions of the Florida Building Code. In lieu of establishing an enforcement board or district, the City Council may serve in such capacity.

(b)

Membership of board.

(1)

Membership. The construction board of adjustment and appeals should be composed of two division I contractors, one electrical contractor, one mechanical contractor, one plumbing contractor, one architect, one engineer and two members of the general public whenever possible. A board member shall not act in a case in which he has a personal or financial interest.

(2)

Terms. The terms of office of the board members shall be staggered so no more than one-third of the board is appointed or replaced in any 12-month period. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from required meetings of the board shall, at the discretion of the applicable governing body, render any such member subject to immediate removal from office.

(3)

Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any provision of this Article, the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In modifying a decision of the Building Official, not less than four affirmative votes, but not less than a majority of the board, shall be required.

(4)

Secretary of board. A person shall be appointed by the local jurisdiction to act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote.

(c)

Powers. The construction board of adjustment and appeals shall have the power, further defined in subsection (d) of this Section, to hear appeals of decisions and interpretations of the Building Official and consider variances of the technical codes referred to in Section 10-1.2(e).

(d)

Appeals.

(1)

Decision of the Building Official. The owner of a building, structure or service system, or his duly authorized agent, may appeal a decision of the Building Official to the construction board of adjustment and appeals whenever any one of the following conditions are claimed to exist:

a.

The Building Official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system.

b.

The provisions of this Article do not apply to this specific case.

c.

An equally good or more desirable form of installation can be employed in any specific case.

d.

The true intent and meaning of this Article or any of the regulations thereunder have been misconstrued or incorrectly interpreted.

(2)

Variances.

a.

The construction board of adjustment and appeals, when so appealed to and after a hearing, may vary the application of any provision of this Article to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this Article, the technical codes referred to in Section 10-1.2(e) or public interest, and also finds all of the following:

1.

Special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others.

2.

The special conditions and circumstances do not result from the action or inaction of the applicant.

3.

Granting the variance requested will not confer on the applicant any special privilege that is denied by this Article to other buildings, structures or service system.

4.

The variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system.

5.

The granting of the variance will be in harmony with the general intent and purpose of this Article and will not be detrimental to the public health, safety and general welfare.

b.

Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this Article. Violation of the conditions of a variance shall be deemed a violation of this Article.

(3)

Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the decision is rendered by the Building Official. Appeals shall be in a form acceptable to the Building Official. Appeals relating to provisions of the Florida Building Code, other than City amendments, may be appealed to the state building commission, pursuant to F.S. § 120.569, regarding the local government's action. Notice of administrative rights may be obtained from the City.

(4)

Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system which, in the opinion of the Building Official, is unsafe, unsanitary or dangerous, the Building Official may, in his order, limit the time for such appeals to a shorter period.

(e)

Procedures of the board.

(1)

Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this Article. The board shall meet on call of the chairman. The board shall meet within 30 calendar days after notice of appeal has been received.

(2)

Decisions. The construction board of adjustment and appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order or disallowance of the Building Official or varies the application of any provision of this Article, the Building Official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the Building Official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the Building Official for two weeks after filing. Every decision of the board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity.

(Ord. No. 831, § 2, 8-6-2012; Ord. No. 874, § 1(Exh. A), 11-6-2017)

The Florida Building Code, Residential Section 322.2.1. is hereby amended by the following technical amendments:

R322.2.1 Elevation requirements.

(1)

Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus one-foot or the design flood elevation, whichever is higher.

(2)

In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus one-foot, or at least three feet if a depth number is not specified.

(3)

Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus one-foot or the design flood elevation, whichever is higher.

Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, shall meet the requirements of Section R322.2.2. of the Florida Building Code, Residential.

(Ord. No. 831, § 2, 8-6-2012; Ord. No. 874, § 1(Exh. A), 11-6-2017)

It shall be the responsibility of the building contractor to ensure that each job site, and immediate vicinity, is equipped with a trash container to prevent building materials or trash and debris from blowing around surrounding areas. The purpose of this Section is to properly contain the trash on the job site. Failure to contain trash is not a violation unless it extends beyond the job site. The following actions shall be taken by the Building Official:

First offense: Red tag on job site.

Second offense: Letter of reprimand plus red tag.

Third offense: Action by construction licensing board.

It shall be a violation of this Article for any person to bury any type of building material or natural vegetation, excluding grass and sod.

(Ord. No. 831, § 2, 8-6-2012)

Editor's note— Ord. No. 935, § 1, adopted February 7, 2022, repealed § 10-1.8, which pertained to wind load exemptions and derived from Ord. No. 831, adopted August 6, 2012.

Any person who shall violate a provision of this Article, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical or plumbing system, in violation of a detailed statement or drawing submitted and permitted thereunder, shall be guilty of an offense.

(Ord. No. 831, § 2, 8-6-2012)

Editor's note— Ord. No. 935, § 1, adopted February 7, 2022, repealed § 10-2.1, which pertained to the standard unsafe building abatement code and derived from original LDC material.

The construction board of adjustment and appeals created in Part 10-1 of this Article shall be the board named in the International Property Maintenance Code section 108.1.

(Ord. No. 935, § 1, 2-7-2022)

There is adopted by the City for the purpose of establishing and prescribing rules and regulations that certain code known as the International Property Maintenance Code, current Edition. One copy is on file in the office of the Building Official and is available online at the URL "cityofbrooksville.us". The Code is adopted and incorporated as fully as if set out at length in this Section and shall be controlling in the matters of public safety, health and general welfare pertaining to the structural strength, stability, sanitation, adequacy of light and ventilation and of safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of all buildings and structures on all premises within the City.

(Ord. No. 935, § 1, 2-7-2022)

The Standard Housing Code adopted in Section 10-3.1 is amended by the following additions, deletions, substitutions, modifications and amendments:

(1)

Applicable governing body. Wherever the words "applicable governing body" are used in the Code, they shall mean the City Council.

(2)

Building Official. Wherever the words "Building Official" are used in the Code, they shall mean the City Building Official.

(3)

Department of Law. Wherever the words "Department of Law" are used in the Code, they shall mean the City Attorney.

(4)

Chief Administrator. Wherever the words "Chief Administrator" are used in the Code, they shall mean the City Manager.

(5)

Housing Board of Adjustment and Appeals. Wherever the words "Housing Board of Adjustment and Appeals" are used in the Code, they shall mean the construction board of adjustment and appeals as created by the Standard Building Code adopted in 10-2.1 of this Article.

There is adopted by the City for the purpose of establishing and prescribing rules and regulations for the public safety, health, and general welfare through requirements pertaining to the maintenance of buildings, structures, and premises, that certain property maintenance code known as the International Property Maintenance Code, 2021 edition (hereinafter, the "IPMC"), as amended from time to time. The Property Maintenance Code for the City of Brooksville modifies the IPMC, and a modified version is attached to Ord. No. 936 as Exhibit "A" and is hereby adopted by reference. One copy is on file in the office of the Building Official. The Code is adopted and incorporated as fully as if set out at length in this Section and shall be controlling in the matters of public safety, health, and general welfare pertaining to the maintenance of buildings, structures, and premises within the City.

(Ord. No. 936, § 1, 2-7-2022)

The International Property Maintenance Code adopted in Section 10-4.1 is amended by the following additions, deletions, substitutions, modifications, and amendments:

(1)

Applicable governing authority. Wherever the words "applicable governing authority" are used in the Code, they shall mean the City Council.

(2)

Building Official. Wherever the words "Building Official" are used in the Code, they shall mean the City Building Official.

(3)

Any other additions or deletions, as indicated by underlined or strike through text in the Code and attached as Exhibit "A" are hereby adopted.

(Ord. No. 936, § 1, 2-7-2022)

Editor's note— Exhibit "A" is not attached hereto, but can be examined upon request at the City Clerk's office.