The words, terms, and phrases, when used in this Section, shall have the meanings described to them in Article 14, Construction and Construction Related Terms, except where the context clearly indicates a different meaning. Additional definitions relative to this Section and Article 12 generally may be found in Article 14, Definitions and Acronyms, Land Development Code.

The Florida Building Code (FBC) is hereby 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. Quality control of materials and workmanship is not within the purview of the FBC except as it relates to the purposes stated herein.

The inspection or permitting of any building, system, or plan by the County under the requirements of the FBC 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 County nor any employee thereof shall be liable in tort 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 County employee 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.

12.01.03.01. Applicability.

(A)

General. Where, in any specific case, different sections of the FBC 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.

(B)

Building. The provisions of the FBC 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 any appurtenances connected or attached to such buildings, structures, and facilities. Additions, alterations, repairs, and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in Chapter 34 of the FBC.

The Building Official is hereby authorized and directed to enforce the provisions of the Florida Building Code (FBC). The Building Official shall have the authority to render interpretations of the FBC and develop procedures in order to clarify the application of its provisions. Such interpretations and procedures shall be in compliance with the intent and purpose of the FBC, and shall not have the effect of waiving requirements specifically provided for in the FBC. Other powers and duties of the Building Official are addressed in Article 10.

(A)

Whenever necessary to make an inspection to enforce any of the provisions of the FBC, 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 the FBC and Land Development Code. If such building or premises are occupied, the Building Official shall first present proper credentials and request entry. If such building, structure, or premises are unoccupied, the Building Official 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 to neglect, after proper request is made and herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to the FBC and Land Development Code.

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 the FBC or Land Development Code, 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 their 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 written notice prior to stopping the work.

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 or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the Standard Unsafe Building Abatement Code or other County ordinance.

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 health, welfare, and safety, not specifically covered by this or other technical codes, shall be determined by the County.

Except as otherwise provided in the FBC or Land Development Code, 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 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, or to cause any such work to be done, shall first make application to the building department and obtain the required permit for the work.

At the Planning and Development Director or Building Official's discretion, a site drawing, boundary sketch, or survey of the lot or site may be required. The boundary sketch and/or survey shall be prepared by a land surveyor registered in the State of Florida within 12 months of the date of the permit application and shall depict the location of the proposed building or structure, and of every other building or structure on the lot or site.

The examination of 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 and exterior elevation.

(A)

Manufactured Homes.

(1)

Site Requirements. Original lot/site surveys prepared within the last 12 months of a permit application, signed and sealed by a land surveyor licensed/registered in the State of Florida; except that on lots or parcels of one acre or greater in area a boundary sketch may be considered; soil tests (if deemed necessary by the Building Official); plot plans of the surveyed lot/site depicting the structure(s) drawn to scale, dimensions of the front, side and rear setbacks, location and dimension of the driveway(s) and walkway(s); location of water and sewer lines or location of well and septic tank, if applicable; location of laterals and connections to the structure(s); location of the nearest fire hydrant to the lot/site, where applicable; proposed lot grading plan; base floor and lowest floor elevation.

(2)

Structural requirements. Wind zone; anchoring; blocking.

(3)

Mechanical. Exhaust systems (clothes dryer exhaust; kitchen equipment exhaust).

(4)

Electrical. Exterior disconnect location; electric riser diagram, including main panel size.

(5)

Plumbing. Water/sewer connections.

12.03.03.01 Definitions

See definitions specific to this topic in Article 14.

12.03.03.02 Prohibited Manufactured Homes

Any manufactured home constructed prior to June 15, 1976, shall be prohibited from being permitted and installed within Hardee County.

(A)

Inspection Requirements. At the time of a permit application, any pre-owned or occupied manufactured housing unit shall require a pre-inspection by the Hardee County Building Department, or its designee, prior to transport, installation, or commencement of work on such unit within Hardee County. The purpose of the pre-inspection is to determine compliance with this Section.

(B)

Repair and Remodeling Standards. When repair or remodeling is necessary to bring a preowned/occupied manufactured housing unit into compliance with the housing standards contained herein, such repair or remodeling shall conform to the Manufactured Home Repair and Remodeling Code adopted by Rule 15C-22.0081 of the Florida Department of Motor Vehicles. Any and all repairs shall be completed prior to being moved into the County or relocated to a new lot/parcel within the County.

(C)

Requirements. To qualify for a permit to install or set up a used or preowned manufactured housing unit, such used or preowned manufactured housing unit shall comply with the following minimum standards:

(1)

Structural System.

(a)

The exterior bearing wall assembly including but not limited to framing, studs, upper and lower plates, wall sheathing and bracing system, shall be structurally sound and intact as a designed assembly.

(b)

The floor joist system and floor sheating shall be structurally sound, solidly secured, and intact as a designed assembly.

(c)

The roof joists, rafters or trusses shall be structurally sound and intact as a designed assembly.

(d)

The exterior siding and roof covering shall be free from rot, rust, decay, open seams, or physical damage, or any other openings permitting moisture or insect or rodent penetration. The general condition of the exposed exterior shall be of sufficient appearance and quality to ensure continued service life with minimal maintenance.

(e)

All exterior doors and windows shall be of an approved exterior type suitable for a manufactured housing use, and in good condition and working order. Exterior doors shall be equipped with working key locksets. All exterior glass or windowpanes shall be intact and without cracks or breaks. Window openings where a window-type air conditioner has been removed for unit transport may be exempt.

(f)

All exposed siding or exterior materials shall be protected by sealing, priming, and painting, coating, or other product prescribed methods of protection.

(g)

The following shall not exist to a degree that compromises the structural integrity of the used or preowned manufactured housing unit:

1.

Rot.

2.

Rust.

3.

Neglected appearance.

4.

Physical damage.

5.

Excessive yielding of structural systems in bearing walls, floor system, roof system or permanent chassis that poses a threat of premature failure.

(h)

Visual evidence of existing repairs at time of pre-inspection that are considered covering internal structural damage or unpermitted repairs shall authorize the inspector to order such covering to be removed, opened, or otherwise uncovered so as to allow proper inspection.

(i)

Used or preowned manufactured housing units failing structural inspection requirements under this Section may, at the Applicant's discretion, be put to an independent test. Such tests shall be certified by a Professional Engineer or State-approved inspection facility. Upon satisfactory test results, the written report shall be submitted with reapplication for permits. Testing report shall include, but not be limited to, structural load testing and roof load testing by acceptable engineering non-destructive test methods. Fees for such special services shall be the responsibility of the Applicant.

(2)

Electrical System.

(a)

Electrical equipment, wiring, fixtures, and devices shall be properly attached and securely mounted to solid construction.

(b)

Any electrical equipment, wiring, fixtures, and devices showing signs of breakage, arcing, dry rot, or high temperature damage shall be replaced.

(c)

Any external wiring, boxes or devices shall be securely attached, protected and weather tight.

(d)

Electrical equipment, wiring, fixtures, and devices shall be protected by approved over current devices sized and installed according to the National Electrical Code as adopted by Hardee County.

(3)

Plumbing System.

(a)

Plumbing fixtures, commodes, sinks, hose bibs, tub and shower enclosures, valves, piping, and similar plumbing components shall be securely attached to adjoining floor or wall construction.

(b)

The plumbing system shall include:

1.

A bathroom which provides privacy and which contains a bathtub and/or shower, a toilet, and a sink.

2.

A kitchen sink.

3.

An approved hot water heater.

(c)

Fixture drains shall be trapped.

(d)

Fixtures shall be free of cracks or similar damage.

(4)

H.V.A.C. System.

(a)

H.V.A.C. air duct systems, whether intended for use or not, shall be tight, secure, and free of leaks, breaks or any exposure to outside entry or infiltration and must have "fixed heat".

(5)

Fire Safety.

(a)

Existing interior materials that do not meet original HUD flame-and-smoke spread rating minimum standards, shall be replaced with approved materials complying with original HUD Standards.

(b)

Approved smoke detectors shall be installed near all sleeping areas.

12.03.03.03 Fees

(A)

Proscribed Fees. A permit shall not be issued until fees, established by resolution of the Board of County Commissioners, have been paid. Said fees shall be those authorized under F.S. § 553.80, as well as any impact, assessment, capacity, or capital fees the Board of County Commissioners may establish from time to time. 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, mechanical, plumbing or gas systems has been paid.

(B)

Work Commencing Before Permit Issuance. Any person who commences any work on a building, structure, electrical, mechanical, plumbing or gas system prior to obtaining the necessary permits shall be subject to a penalty of 100% of the usual permit fee in addition to the required permit fees. 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 obtained within three business days and any unreasonable delay in obtaining those permit(s) shall result in a charge of a double fee. 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 County shall keep a permanent and accurate accounting of all permit fees and monies collected, the names of all persons upon whose account was paid, along with the date and amount thereof.

(D)

Schedule of Permit Fees. On all buildings, structures, electrical, mechanical, plumbing, and gas systems, as well as any other work established by the County requiring a permit, a fee for each permit shall be paid prior to issuance of any permit, in accordance with the fee established by the Board of County Commissioners.

12.03.03.04 Inspections

12.03.03.04.01 Existing Building Inspections

Before issuing a permit, the Building Official may examine any building, electrical, mechanical, plumbing, gas, or life safety systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy thereof. There shall be a record made of such examination and inspection and of all violations of the technical codes.

12.03.03.04.02 Inspections Prior to Issuance of Certificate of Occupancy

The Building Official shall inspect or cause to be inspected, at various intervals, all construction work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, mechanical, gas or plumbing system upon completion, prior to the issuance of the certificate of occupancy.

12.03.03.04.03 Site Debris

(A)

Site Debris.

(1)

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 prior to receiving final inspection approval. Construction job sites must be kept clean, such that accumulation of construction debris must not remain on the property for a period of time exceeding 14 days.

(2)

All debris shall be kept in such manner as to prevent it from being spread by any means.

No person shall make connections from a utility source of energy, fuel, or power to a building or system which is regulated by the technical codes for which a permit is required, until released by the Building Official and a Certificate of Occupancy is issued.

The Building Official, by written approval, may authorize the temporary connection of a nonresidential building or system to the utility source of energy, fuel, or power, for the purpose of testing building service systems.

The Building Official shall have the authority to authorize disconnection of utility service to a building, structure or system regulated by the technical codes 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.