The provisions of this chapter relate to the construction and fire safety codes for new development.

(a)

Application documents. Application for building and building related permits shall be submitted to the building division. Such submittal shall include the application form as provided by the city, together with all required associated documents and fees depending upon the type of permit being sought as further described below:

(1)

Building permit. Applications for constructing new buildings and additions to existing buildings shall include four complete sets of construction plans, one current certified property survey for the subject property, one site development plan showing the proposed improvements to the property, and one State of Florida energy conservation compliance form, when applicable. An original copy of the receipt for payment of Volusia County impact fees, when applicable; and an original copy of the receipt for payment of the city water, sewer, and recreation impact and any other fees, when applicable, shall be provided by the applicant prior to the issuance of certificate of occupancy.

a.

Engineering. All structures shall comply with the wind load requirements of the Florida Building Code.

1.

Required plans for all structures other than one- or two-family dwellings shall be prepared, signed, dated, and sealed by a professional engineer or architect, as applicable, registered in the state per F.S. chs. 471 and 481, respectively.

2.

Required plans for one- or two-family dwellings shall be prepared and sealed by a professional engineer or architect, as applicable, registered in the state, per F.S. chs. 471 and 481, respectively, or they shall otherwise be in conformity with the standards of SST 10-99 or other standard adopted by the state.

b.

Exceptions. The building official shall have the authority to waive the site plan requirement if the proposed improvement is completely interior to an existing structure and does not alter any exterior dimensions of any improvement on the site. The building official shall have authority to waive the certified survey requirement for certain accessory structures in compliance with the following:

1.

The building official has received sufficient information from the applicant to determine that the proposed location of the accessory structure is clearly not in conflict with easements or set back requirements.

2.

The accessory structure is designed to be portable or readily movable upon removal of tiedown anchors.

3.

The accessory structure is a fence, shed, or storage building; or a deck not exceeding 200 square feet in area.

4.

The landowner has provided a signed agreement in the form provided by the city between the landowner(s) and the city, agreeing that the cost of relocating the structure shall be responsibility of the landowner(s) in the event the placement of said structure violates any law, statute, ordinance, code or regulation, or encroaches on a legal easement, and agreeing to indemnify and hold the city harmless from claims arising from the placement without a survey.

(2)

Electrical, gas, plumbing, mechanical and other code-regulated permits. Applications for work which is regulated by any of the adopted codes in addition to the Florida Building Code, shall include two complete sets of plans showing the proposed work in sufficient detail and clarity to allow for a thorough plan examination to determine compliance with all applicable code provisions.

a.

Exceptions. The plans may be omitted upon determination by the building official that the work is relatively minor in scope, routine in nature, and can be adequately described on the application form or addenda attached thereto.

(3)

Swimming pool permit. Applications for constructing any swimming pool which is regulated by any of the adopted codes shall include two complete sets of construction plans; one current certified property survey for the subject property; two site development plans showing the location of the pool equipment, ladders and/or swimouts, doors and/or windows facing the pool deck, and elevation of the house finish floor, deck finish floor and surrounding grade; a completed electrical permit application; and a completed child safety barrier fence application, or a completed pool enclosure application.

a.

Exceptions. The fence and/or enclosure application may be omitted if an approved child safety barrier already exists on the property which will encompass the proposed swimming pool, or on above ground pools, if the swimming pool walls are a minimum of four feet higher than the surrounding grade and any access to the water is via fold-up steps or some equivalent device.

(4)

Mobile home setup permit.

a.

Applications for placing new or used mobile homes in mobile home subdivisions shall include a current certified property survey, and a site development plan showing all existing and proposed improvements and dimensions to all property lines.

b.

Applications for placing new or used mobile homes in mobile home parks shall include a plot plan drawn to scale showing all existing and proposed improvements, and dimensions, to all adjacent structures.

(b)

Applicant's credentials. Each applicant for any permit shall be properly licensed and insured in accordance with current State of Florida laws and regulations.

(1)

Exception. An owner-builder who meets all the criteria established by State of Florida law (F.S. § 489.103) as determined by the city, provided an owner-builder affidavit is sworn to by such owner-builder and witnessed by a notary public.

(c)

Receiving permit applications. When any permit application is submitted to the building division, the application and the applicant's credentials shall be verified to ensure that they are complete and are accompanied by all required information and documents. Once the application and the applicant's credentials have been verified, the application and all accompanying documents shall be stamped with the date and entered into the permit tracking system. The building division shall not accept any application from any person who does not have the proper credentials, nor shall the Division accept any application which is not complete or has any required information or document omitted. In the event any application is found to be incomplete, the division shall promptly contact the applicant and assure that the application is completed, or shall return the application to the applicant.

(d)

Distributing received permit applications. Upon receiving a processed permit application with its associated documents, the relevant information shall be entered into the permit tracking system, then a copy of the plans, specifications, and comment sheet shall be distributed to other involved parties depending upon the type of improvement being proposed as further described hereunder. In all cases, the building official shall be the responsible custodian for all permit documents throughout the plans examining process.

(e)

Approving application documents. Each party receiving application documents from the building official shall review them for compliance with the applicable codes and regulations, then promptly return them to the building official along with a properly completed comment sheet. The building official shall track the progress of the review by the various interested parties in the permit tracking system and assure that all distributed application documents and comment sheets are returned in a timely manner to expedite the application review process. Upon receiving all distributed documents back from the various interested parties, the building official shall determine if the permit can be issued based upon the received comments in accordance with the following:

(1)

Disapproval. If any of the returned comment sheets indicate a disapproval, the building official shall promptly inform the applicant of the reason for the disapproval, and shall maintain an ongoing dialogue with the applicant to facilitate a resolution of the problem.

(2)

Approval. If all of the returned comment sheets indicate approvals and the building official determines there is no need for a preliminary inspection of the subject property to be conducted, the building official shall promptly issue the permit.

(f)

Issuance of the permit. Upon approval from the building official, the applicant shall be contacted by the city and requested that the permit be picked up and the final fees be paid.

(g)

Revocation of permits. The building official may revoke any permit or approval under any of the following circumstances:

(1)

When it is discovered that any of the documents submitted by the applicant or contractor contains a falsification, misrepresentation, or error regarding a material fact; or

(2)

When any signature on any of the submitted documents is found not to be the actual signature of the party represented; or

(3)

When a violation of any of the city's licensing ordinances or regulations is discovered; or

(4)

When any fee or charge as a condition of a permit or approval, whether payable to the city or to another entity, is found to be uncollected or uncollectible or paid in an incorrect amount, or if a check issued for any such fee or charge is returned; or

(5)

When any inspector is denied entry onto the property during normal working hours; or

(6)

When a stop work order issued by the building official is not complied with.

Once a permit or approval has been revoked, an application for a new permit or approval shall be submitted, along with any required building permit fees as provided by the building permit fee ordinance and resolution.

(Ord. No. 1995-26, § 2, 8-22-95; Ord. No. 2000-10, § 2, 5-16-00; Ord. No. 2006-12, §§ 1, 2, 5-2-06; Ord. No. 2011-5, § 1, 3-22-11)

(a)

License to proceed. A permit is simply a license to proceed with the proposed work, and grants no authority to violate, cancel, alter, or set aside any applicable code, regulation, requirement, ordinance, or law, regardless of what may be shown or omitted on the permit documents, and regardless of any agreement with any official.

(b)

Time limits. The work authorized by a permit shall be commenced within 180 days after its issuance or the permit shall become null and void. For purposes herein, work shall be deemed to commence only when physical activity for which the permit is required has taken place on site and there has been at least one city inspection approving a significant level of work on the project. Once the work is commenced, the permit shall become null and void if, in the building official's determination, there has been no significant progress on the project for a period of 180 days or more from the last city inspection approving a significant level of work on the project. In determining whether there has been significant progress, the building official shall visit the project site and shall review the inspection history over the 180-day period.

(c)

Fees. All building permit fees and related fees shall be paid in accordance with the current fee resolution adopted by the city council and available in the office of the building division and the office of the city clerk. See article III of chapter 14 of the Code of Ordinances for further requirements regarding building permit fees and related fees.

(d)

Posting permit and approved plans on job site. No work requiring a permit shall commence until the issued permit placard is conspicuously posted on the job site in such manner and location that affords it protection from the weather and allows the inspector to conveniently make written entries. If the placard is lost or destroyed, a duplicate replacement shall be secured from the building division on the first workday after such loss. No inspection will be performed unless a complete set of approved plans is available on the job site at the time of such inspection.

(Ord. No. 1995-26, § 3, 8-22-95; Ord. No. 2000-10, §§ 3, 4, 5-16-00; Ord. No. 2011-5, § 1, 3-22-11)

(a)

Notification of inspection results. The inspector who conducts the inspection shall leave a written approval of the work on the permit placard or a copy of a written field correction notice if the work is not approved, in addition to any verbal approvals or denials he may give.

(Ord. No. 1995-26, § 4, 8-22-95; Ord. No. 2000-10, § 5, 5-16-00; Ord. no. 2006-12, § 3, 5-2-06)

(a)

Certificate of occupancy. A certificate of occupancy shall be issued as provided in section 110.2 of the Florida Building Code.

(b)

Temporary certificate of occupancy. A temporary certificate of occupancy may be issued as provided in section 110.3 of the Florida Building Code. A nonresidential building or addition thereto may be partially and temporarily utilized prior to final inspection for limited purposes upon the issuance of a temporary use permit. The temporary use permit shall only be issued upon submittal of a written request, hold harmless and indemnity agreement in the form provided by the city, payment of a fee as provided by resolution of the city council, and approval by the building official or his designee. The temporary use permit shall authorize utilization only for the specified purposes as provided in the permit document, by the applicant's employees only, and shall not authorize the building (or portion thereof) to be open to the public. Special purposes shall include the independent installation of shelving and stocking of merchandise. The temporary use permit shall be valid for a period not to exceed 30 days and may be extended on a daily basis after the 30-day period. The temporary use permit shall not be issued if the limited utilization proposed cannot be conducted in a safe manner consistent with life safety requirements prior to final inspection. No such certificate shall be issued unless the requirements of chapter 3, section 6 have been met.

(c)

Certificate of completion. A certificate of completion may be issued as provided in section 110.4 of the Florida Building Code and shall be deemed to authorize limited occupancy of model homes subject to the limitations set forth in chapter 5, subsection 9.

(Ord. No. 2000-10, § 6, 5-16-00; Ord. No. 2006-12, §§ 4, 5, 5-2-06; Ord. No. 2011-5, § 1, 3-22-11; Ord. No. 2012-16, § 5, 12-11-2012)

Early start permits may be issued to allow the contractor to begin work on a building, subject to limitations, while a building permit application is being processed.

(1)

When authorized. For residential uses, early start permits shall be issued only for residential single-family and two-family dwellings, and shall permit only grading, preparation of the building pad, underground plumbing for a monolithic slab foundation, digging footings and setting steel rebar. For nonresidential uses, early start permits shall be issued only for interior alterations, and shall authorize only the work required to be in place for the first inspection, including but not limited to, demolition, framing, and rough-in electrical, plumbing and mechanical work.

(2)

Limitations on inspections. No inspection shall be performed under an early start permit. Inspections will be performed only when the primary building permit is issued.

(3)

Conditions of issuance. The building official may require the contractor to execute a written agreement and provide a bond or other guarantee, as a condition of receiving an early start permit. The agreement shall hold harmless and indemnify the city. The agreement and bond shall be reviewed for legal form and sufficiency by the city attorney. If unacceptable, the early start permit shall not be issued. The city attorney is authorized to draft form agreements for the building division's use in implementing the provisions of this section.

(Ord. No. 2000-10, § 7, 5-16-00)

(a)

When authorized, procedures. A master file may be established upon request for any "model" or prototype plan for a residential single-family or two-family building, accessory structures, and building components.

(1)

Once the plans or drawings have been approved for master file, the building official or his designee shall stamp each page. Each time the model, accessory building, or building component is submitted for a building permit, the contractor shall submit two copies of the plans containing the city approval stamps. The building official or his designee shall stamp one copy for the field and the other copy for the file.

(2)

One copy of the plans submitted for master file may be a reproducible copy. Plans for each model or accessory building shall be updated each time the adopted building codes are updated or as specified by the architect or engineer of record. A separate fee shall be charged as provided by resolution of the city council each time the plans or drawings are reviewed.

(3)

No structural changes or modifications shall be made to master file plans. Deviations from the master file plans shall require the submittal and review of revised documents. If any contractor makes changes or modifications to master file plans, the building official or his designee shall immediately terminate the contractor's use of the master file system.

(b)

Application requirements. Applications to open a master file shall include the following when applicable:

(1)

Three sets of engineered plans, which shall be dated, signed and sealed by an architect or engineer registered with the state in accordance to F.S. chs. 481 or 471, respectively. Each such set of plans shall contain a statement by the architect or engineer of record as follows: "This plan is for master file purposes only." The plans shall include the applicable information as specified by section 106 minimum plan review criteria for buildings of the Florida Building Code.

(2)

Three sets of pre-engineered truss drawings, which shall be dated, signed and sealed by an engineer registered with the state per F.S. ch. 471. The truss drawings shall be designed and engineered for each specific model or accessory building.

(3)

If the building plan may be reversed, a separate set of engineering plans and truss drawings shall be submitted for each orientation.

(4)

Such additional information as the building official may require to ensure that the plans submitted for master file are complete, including but not limited to, electrical, mechanical, plumbing, window and door information.

(Ord. No. 2000-10, § 8, 5-16-00; Ord. No. 2006-12, § 6, 5-2-06; Ord. No. 2011-5, § 1, 3-22-1)

(a)

Purpose and intent. The green building program establishes procedures and incentives for the implementation of green building standards. The program is intended to encourage the incorporation of green building practices into development projects. The program may be applied to any development within the city, including redevelopment projects and government-initiated development projects, submitted for city review.

(b)

Terms. The following terms may be used in this section and are defined in chapter 2: Conserve Florida; dark sky; Energy Star; FGBC; FGBC green local government designation; Florida friendly landscaping; GBI; green building; green building program; green building program certification; green building program participant; green building project; green building subprogram; green development; Green Globes; LEED; sustainable design; and USGBC.

(c)

Government leadership. To demonstrate the city's commitment to a green building program, the city shall comply with the green building programs established herein for all government buildings pursuant to F.S. § 255.2575(2); and

(1)

Track and report the city's monthly water and energy use; and

(2)

Publish an annual report that outlines the city's energy and water use performance for the prior year and outlines methodologies for potential reductions in the subsequent year.

(d)

Scope and applicability. This program applies to all lands private and public within the city and the city-owned wellfields. The scope of its application shall be for development approvals and building permits submitted for the voluntary green building program. Such plans and approvals shall be reviewed for compliance with the appropriate parts of the adopted city comprehensive plan and the Land Development Code.

(e)

Green building program coverage. The program shall be comprised of the following subprograms:

(1)

New residential construction;

(2)

Residential retrofitting/remodeling;

(3)

New commercial/mixed-use/institutional construction; and

(4)

Existing commercial/mixed-use/institutional retrofitting/remodeling.

(f)

Green building standards. In addition to the Florida Building Code's minimum standards and Volusia County's Water Wise Ordinance (No. 2004-20, section V, 12-16-04), the program shall be administered using standards developed by the Florida Green Building Coalition (the "FGBC"), the U.S. Green Building Council (the "USGBC"), the Green Building Initiative's (GBI) Green Globes rating system, or a nationally recognized, high-performance green building rating system as approved in writing by the city manager or his designee, including but not limited to, any monetary or certification requirements.

(1)

New residential construction. New residential project participants shall obtain certification from the entity and satisfy the certification requirements associated with either:

(a)

The current green home designation standard of the FGBC for projects with fewer than three floors or green high rise residential designation standard of FGBC for projects of three floors or more;

(b)

The current USGBC LEED for homes program; or

(c)

The GBI new home designation.

(2)

Residential retrofitting/remodeling. The participant shall obtain certification from the entity and meet requirements of remodeling certification for either:

(a)

The current green home designation standard of the FGBC for projects with fewer than three floors or green high rise residential designation standard of FGBC for projects of three floors or more;

(b)

The current LEED for homes program requirements for "remodeling" or "existing home" of the designation; or

(c)

The GBI.

(3)

New commercial/mixed-use/institutional construction. The participant shall obtain certification from the entity and satisfy all of the requirements associated with:

(a)

The current green commercial designation standard of the FGBC;

(b)

The current LEED for new construction or derived USGBC LEED rating system; or

(c)

The Green Globes environmental assessment system for new designs.

(4)

Existing commercial/mixed-use/institutional retrofitting/remodeling. The program participant shall obtain certification from the entity and satisfy all of the requirements associated with:

(a)

The current green commercial designation standard of the FGBC;

(b)

The current LEED for existing buildings or derived USGBC LEED rating system program; or

(c)

The Green Globes environmental assessment system for existing designs.

(5)

Review. For the purpose of this section of the program, a program participant shall be bound by the standard designated for a particular subprogram unless the participant requests to be certified under a more current version of a designated standard and the request is approved by the jurisdiction responsible for administering the particular program.

(g)

Tiered qualification. A project certified by the Florida Green Building Coalition may qualify for one of four levels: "certified", "bronze", "silver" or "gold". A project certified by the U.S. Green Building Council may qualify for one of four levels: "certified", "silver", "gold" or "platinum". A project certified by the Green Building Initiative may qualify for a certification of one, two, three, or four Green Globes.

(h)

Incentives. The city shall provide the following incentives to encourage the use of this program and are hereby authorized:

(1)

Fast-track permitting. For any voluntary program participant actively seeking a program certification, the city shall provide fast-track permitting. All such applications for fast-tract permitting shall be accompanied by the appropriate green building program application form, evidence of a completed green building certification application according to the requirements of the certifying entity, and proof of payment of the application fee required to process the application for certification. A city staff member shall be designated as project manager and shall work in close contact with the applicant and his/her agent(s). The project manager shall oversee an expedited review of the project once formal plans have been prepared and submitted to the city.

(2)

Signage. The city shall allow the following bonuses to the currently allowed signage regulations:

(a)

One additional temporary construction sign may be installed that notes that "This project is a City of Port Orange Green Certified project by [COMPANY NAME]." This additional temporary construction sign must meet the standard dimensional requirements for a temporary construction sign in this code.

(b)

The notation "City of Port Orange Green Certified Project" may be added on project entry monument signage. The additional sign area to include the city approved notation letters and logo shall be a maximum of four inches high by 42 inches wide. Additional sign area on the monument signage shall be permitted for this notation only if the minimum area necessary to display the notation will cause the monument sign to exceed its maximum allowable sign area, as set forth in this code.

(3)

Marketing. For any program participant seeking program certification, the city shall provide the following marketing incentives, including but not limited to:

(a)

The inclusion of program participants on a web page dedicated to the program;

(b)

The creation of promotional documents such as a program logo for a participant's advertisements or brochures; and

(c)

Press releases.

(4)

Green building award. For the purpose of publicly recognizing outstanding commitment to green building, the program shall provide for an award called the "City of Port Orange Green Building Award" to be awarded annually by the city to one program participant in each subprogram.

(i)

Certification verification. The applicant shall provide documentation to the city verifying the authenticity of a project's green certification. The program shall be subject to certification by a qualified third party who has been trained and certified as a green building certifier. For the purpose of this section of the program, "third party" means any person or entity authorized according to the requirements of the certifying entity, FGBC, USGBC, or GBI.

(j)

Education and training. The city, in conjunction with FGBC, USBGC, GBI, or other nationally recognized high-performance green building rating system, may conduct training workshops for the purpose of educating potential or current program participants about the program.

(1)

The city will attempt to make available a meeting space at a government facility when available for green building programs offered by organizations that are of a general nature (not product specific). Organizations shall contact the facility's staff to make arrangements.

(2)

City staff shall be encouraged to attend at least of eight hours of green building training a year.

(Ord. No. 2009-12, § 3, 7-28-09)