A.

Adopted. The Florida Building Code, as described in Chapter 553.70, Florida Statutes, and as published by the State of Florida, Department of Community Affairs and the Standard Unsafe Building Abatement Code, 1997 edition, promulgated by the Florida Building Code, are hereby adopted by reference as the Building Code of the County, to apply to the unincorporated areas of the County. A copy of such Code shall be filed in the Office of the Public Works Director and shall be available for public inspection during the regular business hours of such office.

B.

Local Amendments to the Administrative Procedures Chapter of the Florida Building Code.

1.

Section 101 of the Florida Building Code, as applied to and in St. Lucie County, is amended to add the following Sections:

101.3.3 Permitting and Inspection. The inspection or permitting of any building, system or plan by the jurisdiction under the requirements of this Code shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. Neither St. Lucie County 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 St. Lucie County 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.

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101.4.2.3.2 Unsafe Buildings shall be abated using the Standard Unsafe Building Abatement Code, 1997 edition, promulgated by the Florida Building Code, subject to all amendments, modifications or deletions hereinafter contained.

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101.4.13 Rules of Construction. The rules set out in this section shall be observed, unless such construction is inconsistent with the manifest intent of this chapter. The rules of construction and definitions set out here shall not be applied to any section of this chapter which contains any express provisions excluding such construction, or where the subject matter or content of such section would be inconsistent with this section.

101.4.13.1 Generally. 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 jurisdiction 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.

101.4.13.2 Text. In case of any difference of meaning or implication between the text of this division and any figure, the text shall control.

101.4.13.3 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.

101.4.13.4 Month. The word "month" shall mean a calendar month.

101.4.13.5 Shall, may. The word "shall" is mandatory; "may" is permissive. The word "shall" takes precedence over "may."

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

101.4.13.7 Year. The word "year" shall mean a calendar year, unless a fiscal year is indicated.

101.4.13.8 Interpretation. Interpretations of this chapter shall be made by the Building Official.

101.4.14 Words not defined.

101.4.14.1 Words not defined herein shall have the meaning stated in the Florida Statutes or other nationally recognized codes, or other documents, manuals or standards adopted elsewhere in this chapter. Words not defined in those documents shall have the meaning stated in the Webster's Ninth New Collegiate Dictionary, as revised.

101.4.14.2 In case of a conflict in definitions or codes, the appropriate definition (or code) to be applied shall be the one (1) applicable to the trade in question. In case of a conflict between different parts of this chapter; conflicts within the same code; or conflicts between code; the more stringent requirements shall be applicable.

101.4.15 Words Defined.

Abandon or abandonment. (1) Termination of a construction project by a contractor without just cause or proper notification to the owner including the reason for termination. (2) Failure of a contractor to perform work without just cause for ninety (90) days. (3) Failure to obtain an approved inspection within one hundred eighty (180) days from the previous approved inspection.

Appraised value. For the purpose of this section, appraised value is defined as either (1) one hundred twenty percent (120%) of the assessed value of the 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. The value of real property and improvements thereon as established by the County Property Appraiser.

Authorized agent. A person specifically authorized by the holder of a certificate of competency to obtain permits in his/her stead.

Basic Wind Speed Line. The basic wind speed line for the jurisdiction shall be as established by the wind speed contour map attached to, and made part of, this chapter if applicable.

Board. The appropriate City or County Board of Adjustment and Appeals, unless otherwise specifically stated.

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

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

Certification. The act or process of obtaining a certificate of competency from the state or municipality through the review of the applicant's experience and financial responsibility as well as successful passage of an examination.

Certificate of competency (certificate). An official document evidencing that a person is qualified to engage in the business of contracting, subcontracting or the work of a specific trade.

Certificate of experience. An official document evidencing that an applicant has satisfied the work experience requirements for a certificate of competency.

Certificate of occupancy (C.O.). An official document evidencing that a building satisfies the requirements of the jurisdiction for the occupancy of a building.

Certified contractor. Any contractor who possesses a certificate of competency issued by the Department of Professional Regulation of the State of Florida.

Change of occupancy. A change from one (1) Building Code occupancy classification or subclassification to another.

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

Cumulative construction cost. The sum total of costs associated with any construction work done to a building or structure either at one (1) time or at different times within a specified period of time.

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

Examination. An exam prepared, proctored and graded by a recognized testing agency unless otherwise implied in context or specifically stated otherwise.

FCILB. The Florida Construction Industry Licensing Board.

Imminent Danger. 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. A court order authorizing the official or his/her designee to perform an inspection of a particular property named in the warrant.

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

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

Licensed contractor. A contractor certified by the State of Florida or the local jurisdiction who has satisfied the all state or local requirements to be actively engaged in contracting.

Market value. As defined in floodplain regulations of this Code.

Owner's agent. A person, firm or entity authorized in writing by the owner to act for or in place of the owner.

Permit. An official document authorizing performance of a specific activity regulated by this chapter.

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

Qualifying agent, primary. A person who possesses the requisite skill, knowledge, experience and certificate of competency, and has the responsibility to supervise, direct, manage, and control the contracting activities of the business organization with which he is associated; who has the responsibility to supervise, direct, manage and control construction activities on a job for which he has obtained a permit; and whose technical and personal qualifications have been determined by investigation and examination and is evidenced by his/her possession of a certificate of competency.

Qualifying agent, secondary. A person who possesses the requisite skill, knowledge, experience and certificate of competency, and has the responsibility to supervise, direct, manage and control construction activities on a job for which he has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination and is evidenced by his/her possession of a certificate of competency.

Reciprocity. To accept a verified affidavit from any municipality or county of the State of Florida that the applicant has satisfactorily completed a written examination in its jurisdiction equal in content with the examination required by this chapter.

Registered contractor. A contractor who has registered with the department of professional regulation of the State of Florida pursuant to fulfilling the competency requirements of the local jurisdiction.

Registration. The act or process of registering a locally obtained certificate of competency with the state, or the act or process of registering a state issued certificate of competency with the municipality.

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

Residential building Any one- or two-family building or accessory.

Roofing. The installation of roof coverings.

Spa. Any constructed or prefabricated pool containing water jets.

Specialty contractor. A contractor whose services do not fall within the categories specified in F.S. § 489.105(3).

Start of construction:

•

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

•

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. An order by the Building Official, or his/her designee, which requires the immediate cessation of all work and work activities described in the order.

Structural Component. Any part of a system, building or structure, load bearing or non-load bearing, which is integral to the structural integrity thereof, including but not limited to walls, partitions, columns, beams and girders.

Structural work or alteration. 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. 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. Job cost.

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2.

Section 102 of the Florida Building Code, as applied to and in St. Lucie County, is amended to add the following Sections:

SECTION 102. BUILDING DIVISION.

102.1 Establishment. There is hereby established a division of the Department of Public Works to be called the Code Compliance Division and the person in charge shall be known as the Code Compliance Manager.

102.2 Employee Qualifications:

102.2.1 Building Official Qualifications. The Public Works Director for St. Lucie County, or his/her designee, shall serve as the Building Official for the County, as further described in Section 103.1 of the Florida Building Code, and as further amended by this Code. The Building Official shall be licensed as a Building Code Administrator by the State of Florida, pursuant to F.S. § 468.609.

102.2.3 Employee Qualifications. The Building Official, with the approval of the Board of County Commissioners may appoint or hire such number of officers, inspectors, plans examiners, assistants and other employees as shall be authorized by the Board 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 of Florida.

102.3 Restrictions on employees. An officer or employee connected with the Division, 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 unincorporated areas of the County or any other area of jurisdiction of the Building and Inspections Division, unless he is the owner of such. This officer or employee shall not engage in any other work which is inconsistent with his/her duties or conflict with the interest of the Division.

102.4 Records. The Building Official shall keep, or cause to be kept, a record of the business of the division. The records of the division shall be open to public inspection, unless amended by Florida Law.

102.5 Liability. Any officer or employee, or member of the Construction Board of Adjustments and Appeals as established under Section 108 of this Code, charged with the enforcement of the Florida Building Code or acting for the governing authority in the discharge of his/her duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his/her 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 Code shall be defended by the County 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.

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3.

Section 103 of the Florida Building Code, as applied to and in St. Lucie County, is amended to add the following Sections:

SECTION 103. POWERS AND DUTIES OF THE BUILDING OFFICIAL

103.1 General. The Building Official is hereby authorized and directed to enforce the provisions of the Florida Building Code, as applied to and in St. Lucie County, and other applicable codes and regulations related to the development of property, set forth in the St. Lucie County Land Development Code and the St. Lucie County Code and Compiled Laws. The Building Official shall have the authority to render interpretations of Florida Building Code, as applied to and in St. Lucie County, and other applicable codes and regulations related to the development of property, set forth in the St. Lucie County Land Development Code and the St. Lucie County Code and Compiled Laws and to adopt policies and procedures in order to clarify the application of its provisions, to the extent permitted by those Codes. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of the Florida Building Code, as applied to and in St. Lucie County, and other applicable codes and regulations related to the development of property, set forth in the St. Lucie County Land Development Code and the St. Lucie County Code and Compiled Laws, and shall not have the effect of waiving requirements specifically provided for in the Florida Building Code, as applied to and in St. Lucie County, and other applicable codes and regulations related to the development of property, set forth in the St. Lucie County Land Development Code and the St. Lucie County Code and Compiled Laws.

103.2 Right of Entry

103.2.1 Whenever necessary to make an inspection to enforce any of the provisions of this Code, 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 Code. 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.

103.2.2 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 Code.

103.3 Stop Work Orders. Upon notice from the Building Official, work on any building site, building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of the Florida Building Code, the St. Lucie County Land Development Code, the St. Lucie County Code and Complied Laws 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/her agent, or to the person doing the work, or by posting the building, structure or property upon which work is being performed and shall state the reason(s) for stopping work. The Building Official shall not be required to give a written notice prior to stopping the work. The Building Official may authorize the issuance of stop work orders through any duly appointed or authorized officer, inspector, plans examiners, assistants and other employee of the County.

103.4 Revocation of permits. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this Code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance, regulation or provision of the Florida Building Code, the St. Lucie County Land Development Code or the St. Lucie County Code and Complied Laws.

103.4.1 Misrepresentation of application. The Building Official may revoke a permit or approval, issued under the provisions of this Code, 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.

103.4.2 Violation of code 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 the Florida Building Code, the St. Lucie County Land Development Code or the St. Lucie County Code and Complied Laws.

103.5 Unsafe Buildings or Systems.

103.5.1 Abatement. 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 unsafe service systems. All such unsafe buildings, structures 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 International Property Maintenance Code, published by the International Code Council, Inc. All repairs shall be in performed in accordance with the Florida Building Code.

103.6 Requirements not covered by code. 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 Code, shall be determined by the Building Official.

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4.

Section 104 of the Florida Building Code, as applied to and in St. Lucie County, is amended to add the following Sections:

104.1.6 Time Limitations. Except as otherwise provided in the St. Lucie County Land Development Code, 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 six (6) months after the date of filing for the permit, or plan approval, whichever is later unless before then a permit has been issued.

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104.2 Drawings and Specifications

104.2.1 Requirements

104.2.1.2 Additional data. 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.

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104.2.4 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.

No Building Permit shall be issued for development unless the application for building permit is accompanied by a copy of a survey of the property on which the requested activity is to be permitted. All surveys shall completely depict the location of the proposed building or structure and of every existing building or structure on the site or lot and shall meet the requirements of 11.05.01(A)(1)(d) of the St. Lucie County Land Development Code.

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104.2.6 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.

104.2.8 Basic wind speed zones. As described in Section 1606.1.6 of the Florida Building Code, the basic wind speed in miles per hour, for the development of wind loads, shall be as determined from Figure 1606, and as further depicted on the basic wind speed line map, attached as Exhibit A, and incorporated herein.

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104.3.1.1 Minimum plan review criteria for buildings.

Manufactured / Mobile Homes

1.

Site requirements

•

setback/separation (assumed property lines)

•

location of septic tanks (if applicable)

2.

Structural

•

wind zone

•

anchoring

•

blocking

3.

Mechanical

•

Exhaust systems

•

clothes dryer exhaust

•

kitchen equipment exhaust

4.

Electrical

•

exterior disconnect location

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104.4.6 Public right of way. A permit shall not be given by the Building Official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has made application for right of way permits from the authority having jurisdiction over the street, alley or public lane.

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104.6.5 Types of Fees Enumerated. Fees may be charged for but not limited to the following:

o Permits;

o Plans examination;

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

o Re-inspections;

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

o Variance requests;

o Administrative appeals;

o Violations; and

o Other fees as established by local ordinance or resolution.

104.6.5 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, 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 using the Marshall Valuation Service, as published by the Marshall and Swift Publication Company.

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5.

Section 105 of the Florida Building Code, as applied to and in St. Lucie County, is amended to add the following Sections:

105.1 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.

105.2 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.

105.3 Inspection service. The Building Official may make, or cause to be made, the inspections required by Section 105 of the Florida Building Code. The specific required inspections and inspection sequence shall be determined upon application for a building permit. The Building Official 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 Code shall not be based on such reports unless the same are recorded by the building code inspector, architect or engineer performing building code inspections in a manner specified by the Building Official. All persons making such inspections shall be certified in accordance to Chapter 468 Florida Statues.

105.6 Required inspections. The Building Official upon notification from the permit holder or his/her agent shall make the following inspections, and shall either release that portion of the construction or shall notify the permit holder or his/her agent of any violations which must be corrected in order to comply with the technical codes. The Building Official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection.

Building:

1.1 Foundation inspection: To be made after trenches are excavated and forms erected and shall at a minimum include the following building components:

• stem-wall

• monolithic slab-on-grade

• piling/pile caps

• footers/grade beams

• column pads

• waterproofing

1.2 Slab Inspection: Slab Inspections are to be made after the reinforcement is in place, all concealed conduit, piping, ducts and vents are installed, termite soil treatment, sub-grade electrical, plumbing, and mechanical work is complete. The slab shall not be poured until all previous required inspections have been approved.

A foundation survey prepared and certified by a registered surveyor shall be required for all new construction prior to approval of the floor slab inspection. The survey shall certify placement of the building on the site, finish floor elevation and indicate all surrounding setback dimensions and shall be available at the job site for review by the building inspector. In lieu of providing a survey, the contractor may elect to uncover all property line markers and string-up all property lines in preparation for inspection.

2.1 Framing inspection: To be made after the roof, all framing, fireblocking and bracing is in place, all concealed wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components:

• window/door framing and installation

• vertical cells/columns

• lintel/tie beams framing/trusses/bracing/connectors

• draft stopping/fire-blocking

• curtain wall framing/accessibility provisions

2.2 Insulation Inspection: To be made after the framing inspection is approved and the insulation is in place.

3.0 Sheathing inspection: To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components:

• roof sheathing/wall sheathing

• sheathing fasteners

• roof/wall/dry-in

NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be removed and properly reinstalled prior to installation of the dry-in material.

4.0 Roofing inspection: To be made as two (2) inspections on tile, slate or similar roof coverings or as one (1) inspection on all other roof coverings, and shall at a minimum include the following building components:

• dry-in

• insulation

• roof coverings

• flashing

5.0 Final inspection: To be made after the building is completed and ready for occupancy.

6.0 Swimming pool inspection:

• First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete.

• Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place.

• In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 424.2.17 of the Florida Building Code.

7.0 Demolition inspections:

• First inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions shall exist during or after demolition operations.

• Final inspection to be made after all demolition work is completed.

8.0 Site Debris

• The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles 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 fourteen (14) days.

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

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6.

Section 108 of the Florida Building Code, as applied to and in St. Lucie County, is amended to add the following Sections:

SECTION I08 CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS

108. Construction Board of Adjustments and Appeals. There is hereby established a Board to be called the Construction Board of Adjustments and Appeals. The structure, computation and administrative procedures of the St. Lucie County Contracting Examining Board, as described in Article I, Chapter 2-5 of the St. Lucie County Code and Compiled Laws, shall be used to serve the role of the Construction Board of Adjustments and Appeals.

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108.3. Powers. The Construction Board of Adjustments and Appeals shall have the power to hear appeals of decisions and interpretations of the Building Official of this Code in accordance with Section 108.4 of this Code.

108.3.1 Decision of the Building Official. The owner of a building, structure or service system, or his/her duly authorized agent, may appeal a decision of the Building Official to the Construction Board of Adjustment and Appeals whenever any one (1) of the following conditions are claimed to exist:

1. 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.

2. The provisions of this Code do not apply to this specific case.

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

4. The true intent and meaning of this Code or any of the regulations there under have been misconstrued or incorrectly interpreted.

108.4 Appeals

108.4.1 Decision of the Building Official. The owner of a building, structure or service system, or his/her duly authorized agent, may appeal a decision of the Building Official to the Construction Board of Adjustment and Appeals whenever any one (1) of the following conditions are claimed to exist:

1. 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.

2. The provisions of this Code do not apply to this specific case.

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

4. The true intent and meaning of this Code or any of the regulations there under have been misconstrued or incorrectly interpreted.

108.4.2 Variances. The Construction Board of Adjustments and Appeals, when so appealed to and after a hearing, may vary the application of any provision of this Code 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 or the technical codes or public interest, and also finds all of the following:

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

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

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

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

5. That the grant of the variance will be in harmony with the general intent and purpose of this Code and will not be detrimental to the public health, safety and general welfare.

108.4.2.1 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 Code. Violation of the conditions of a variance shall be deemed a violation of this Code.

108.4.3 Notice of Appeal. A Notice of appeal shall be in writing and filed within thirty (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 local amendments, may be appealed to the Florida Building Commission, pursuant to F.S. § 120.569, regarding the local governments action.

108.4.4 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/her order, limit the time for

108.5 Procedures of the Board

108.5.1 Rules and regulations. The Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this Code. The Board shall meet on call of the chairman. The Board shall meet within thirty (30) calendar days after a notice of appeal has been received.

108.5.2 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 Code, 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 (2) 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.

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7.

Section 109 of the Florida Building Code, as applied to and in St. Lucie County, is amended to add the following Sections:

SECTION 109. SEVERABILITY

109.1 If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code.

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8.

Section 110 of the Florida Building Code, as applied to and in St. Lucie County, is amended to add the following Sections:

SECTION 110. VIOLATIONS and PENALTIES

110.1 Any person, firm, corporation or agent who shall violate a provision of this Code, 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 there under, shall be guilty of a misdemeanor of the second degree. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed or continued. Upon conviction of any such violation such person shall be punished within the limits as provided by law and local ordinance.

C.

Moving of Buildings, Bond Required. The Building Official, as a condition precedent to the issuance of permit to move any building or structure over a public right-of-way, shall require a bond, to be executed by person desiring such removal permit. Such bond shall be made payable to the Board of County Commissioners of St. Lucie County, Florida, and shall be in a manner and form acceptable to the St. Lucie County Attorney as listed in Section 11.04.01(C)(2). Such bond, shall, at a minimum, indemnify the County from any damage caused by the moving of such building to any street, road, highway, curb, sidewalk, tress, bridge, light pole, traffic signal, or other item or fixture as may be described by the County. The County shall, at its discretion, include any reasonable performance criteria within the bonding agreement intended to address the issue of damage to any street, road, highway or appurtenance thereto.

D.

Moving of Buildings, Improvements by Owner. The Building Official, as a condition precedent to the issuance of permit to move any building or structure, shall require a bond, to be executed by person desiring such removal permit. Such bond shall be made payable to the Board of County Commissioners of St. Lucie County, Florida, and shall be in a manner and form acceptable to the St. Lucie County Attorney as listed in Section 11.04.01(C)(2). The value of such bond shall at a minimum be equal to the cost of demolition of the structure. The bond shall be conditioned on bringing the relocated building into compliance with the Florida Building Code within the ninety (90) days from the date of relocation; if the building does not comply with the Florida Building Code within the ninety-day period the County shall give ten (10) days' written notice of noncompliance and of the County's intent to have the bond forfeited to cover the cost of demolition, removal or repair of such building. Following such notice, the bond shall be forfeited and the necessary demolition, removal or repair shall be done. The Building Official, may grant reasonable extensions to the ninety-day compliance period if it is demonstrated to the satisfaction of the Building Official that the delay in completing the required improvement has been caused by matters beyond the control of the owner or house mover. There shall be an exception to this bond requirement for any structure that the County Building Official or his or her designee determines fulfills the requirements of Section 1102.0 and 1102.3 of the Florida Existing Building Code. No permit for the moving of any structure shall be issued by the County unless there is an accompanying building permit for the reconstruction of the structure being moved at its new location, within the jurisdiction of St. Lucie County. The building permit application must conform with all other applicable sections of the St. Lucie County Land Development Code for the proposed location. If the structure is being moved to a location outside of the jurisdiction of St. Lucie County, no such building permit from the County will be required.

A.

Title. The provisions contained herein shall constitute the Coastal Construction Code for construction within the coastal building zone and coastal barrier islands in St. Lucie County, Florida, and shall be referred to as the "Coastal Code."

B.

Purpose. The purpose of the Coastal Code is to provide minimum standards for the design and construction of buildings and structures to reduce the harmful effects of hurricanes and other severe storms occurring along the coastal areas of St. Lucie County, Florida, which front on the Atlantic Ocean. These standards are intended to specifically address design features which affect the structural stability of the beach, dunes, and topography of adjacent properties. The Coastal Code is site-specific to the coastal building zone as defined in this Code and is not applicable to other locations. In the event of a conflict between this Section and other chapters in the Code, the requirements resulting in more restrictive design shall apply. No provisions in this Section shall be construed to permit any construction in any area prohibited by local city, county, state or federal regulation.

C.

Scope.

1.

Applicability: The requirements of this Coastal Code shall apply to the following types of construction in the coastal building zone, as defined in Chapter 2 of this Code, and on coastal barrier islands in unincorporated St. Lucie County:

a.

The new construction of, or substantial improvement to major structures, nonhabitable major structures, and minor structures as defined in this Code.

b.

Construction which would change or otherwise have the potential for substantial impact on coastal zones (i.e. excavation, grading, paving).

c.

Construction located partially within the coastal building zone.

d.

Reconstruction, redevelopment or repair of a damaged structure from any cause which meets the definition of "substantial improvement," as defined herein.

2.

Exceptions: The requirements of the Coastal Code shall not apply to the following:

a.

Minor work in the nature or normal beach cleaning and debris removal.

b.

Structures in existence prior to the effective date of the Code, except for substantial improvements as defined herein.

c.

Construction for which a valid and unexpired building permit was issued prior to February 18, 1986.

d.

Construction extending seaward of the seasonal high-water line which is regulated by the provisions of F.S. § 161.041 (i.e. groins, jetties, moles, breakwaters, seawalls, piers, revetments, beach nourishment, inlet dredging, etc.).

e.

Construction of nonhabitable major structures, as defined in Chapter II, except for the requirements of Section 13.00.02(D)(3).

f.

Construction of minor structures, as defined in Chapter II, except for the requirements of Section 13.00.02(D)(4).

g.

Structures listed in the National Register of Historic Places or the State Inventory of Historic Places.

h.

Construction for improvement of a major structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.

3.

Applications for permits: Applications for building permits for major structures in the coastal building zone shall be certified by an architect or professional engineer registered in the State of Florida unless the structure is of normal or usual design as determined by the Building Official. Such certification shall state that the design plans and specifications for the construction are in compliance with the criteria established by this Coastal Code and that the requirements of the Florida Building Code, and FEMA publication 55 "Coastal Construction Manual," will be complied with.

D.

Coastal Construction Requirements.

1.

General: Construction within the coastal building zone and on coastal barrier islands shall meet the requirements of this section. All structures shall be designed so as to minimize damage to life, property, and the natural environment. Assistance in determining the design parameters to minimize such damage may be found in the reference documents listed in Section 13.00.02(D)(7).

2.

Structural Requirements for Major Structures:

a.

Design and construction: Major structures, except for mobile homes, shall be designed and constructed in accordance with Section 1606 of the Florida Building Code, Major structures, except mobile homes, shall also comply with the applicable standards for construction found elsewhere in the Florida Building Code.

b.

Mobile homes: Mobile homes shall conform to the Federal Mobile Home Construction and Safety Standards or the Uniform Standards Code ANSI A119.1, pursuant to F.S. § 320.823, as well as the requirements of subsection (3).

c.

Elevation, floodproofing and siting: All major structures shall be designed, constructed and located in compliance with the National Flood Insurance Regulations as found in FEMA publication 55 "Coastal Construction Manual," or Section 6.05.00, whichever is more restrictive, regardless of flood zone designation.

d.

Design conditions:

1.

Velocity pressure. Major structures, except mobile homes, shall be designed in accordance with the requirements of Section 1606 of the Florida Building Code using a minimum fastest-mile wind velocity of one hundred twenty (120) miles per hour or a three-minute gust of one hundred forty (140) miles per hour, as setout in Table 1606.1.6.1 of the Florida Building Code.

e.

Foundations: The elevation of the soil surface to be used in the design of foundations, calculations of pile reactions and bearing capacities shall not be greater than that which would result from the erosion reasonably anticipated as a result of design storm conditions. Foundation design and construction of a major structure shall consider all anticipated loads acting simultaneously with live and dead loads. Erosion computations for foundation design shall account for all vertical and lateral erosion and scour-producing forces, including localized scour due to the presence of structural components. Foundation design and construction shall provide for adequate bearing capacity taking into consideration the type of soil present and the anticipated loss of soil above the design grade as a result of localized scour. Erosion computations are not required landward of coastal construction control lines established or updated since June 30, 1980. Upon request the Florida Department of Environmental Protection may provide information as to those areas within coastal building zones where erosion and scour of a 100-year storm event is applicable.

f.

Wave forces: Calculations for wave forces resulting from design storm conditions on building foundations and superstructures may be based upon the minimum criteria and methods prescribed in the Naval facilities Engineering Command Design Manual, NAVFAC DM-26, U. S. Department of Navy; Shore Protection Manual; U. S. Department of the Army Coastal Engineering Research Center Technical Papers and Reports; the Technical and Design Memoranda of the Division of Beaches and Shores, Florida Department of Environmental Protection ; or other professionally recognized methodologies which produce equivalent design criteria.

Breaking, broken and nonbreaking waves shall be considered as applicable. Design wave loading analysis shall consider vertical uplift pressures and all lateral pressures to include impact, as well as dynamic loading and the harmonic intensification resulting from repetitive waves.

g.

Hydrostatic loads: Calculations for hydrostatic loads shall consider the maximum water pressure resulting from a fully peaked, breaking wave superimposed upon the design storm surge with dynamic wave setup. Both free and hydrostatic loads shall be considered. Hydrostatic loads which are confined shall be determined by using the maximum elevation to which the confined water would freely rise if unconfined. Vertical hydrostatic loads shall be considered both upward and downward on horizontal or inclined surfaces of major structures (i.e. floors, slabs, roofs, walls). Lateral hydrostatic loads shall be considered as forces acting horizontally above and below grade on vertical or inclined surfaces. Hydrostatic loads on irregular or curved geometric surfaces shall be determined by considering the separate vertical and horizontal components acting simultaneously under the distribution of the hydrostatic pressures.

h.

Hydrodynamic loads: Hydrodynamic loads shall consider the maximum water pressures resulting from the motion of the water mass associated with the design storm. Full intensity loading shall be applied on all structural surfaces above the design grade which would affect the flow velocities:

3.

Structural Requirements for Nonhabitable Major Structures: Nonhabitable major structures need not meet the specific structural requirements of Section 13.00.02(D)(2), except that they shall be designed to produce the minimum adverse impact on the beach and dune system and shall comply with the applicable standards of construction found elsewhere in this Code. All sewage treatment and public water supply systems shall be floodproofed to prevent infiltration of surface water anticipated under design storm conditions. Underground utilities, excluding pad transformers and vaults, shall be floodproofed to prevent infiltration of surface water expected under design storm conditions or shall otherwise be designed to function when submerged under such storm conditions.

4.

Structural Requirements for Minor Structures: Minor structures need not meet the specific structural requirements of Section 13.00.02(D)(2), except that they shall be designed to produce the minimum adverse impact on the beach and dune system and shall comply with the applicable standards of construction found elsewhere in this Code.

5.

Location of Construction: Construction, except for elevated walkways, lifeguard support stands, piers, beach access ramps, gazebos, and coastal or shore protection structures, shall be located a sufficient distance landward of the beach to permit natural shoreline fluctuations and to preserve dune stability. Construction, including excavation, may occur to the extent that the natural storm buffering and protection capability of the dune is not diminished.

6.

Public Access: Where the public has established an accessway through private lands to lands seaward of mean high tide or water line by prescription, prescriptive easement, or any other legal means, development or construction shall not interfere with such right of access unless a comparable alternative accessway is provided. The developer shall have the right to improve, consolidate, or relocate such public accessways so long as they are:

a.

Of substantially similar quality and convenience to the public;

b.

Consistent with the coastal management element of the local comprehensive plan adopted pursuant to F.S. § 163.3178.

7.

References: Assistance in determining the design parameters and methodologies necessary to comply with the requirements of this chapter may be obtained from:

"Shore Protection Manual," U.S. Army Corps of Engineers, 4th Edition, 1984.

U.S. Department of the Army, Coastal Engineering Research Center's Technical Papers and Reports.

Florida Department of Environmental Protection, Division of Beaches and Shores Technical and Design Memoranda.

"Naval Facilities Engineering Command Design Manual, NAVFAC DM-26," U.S. Department of the Navy.

Coastal Construction Manual, Federal Emergency Management Agency, February, 1986. (Please note that the wind design section is based upon the Florida Building Code, as described in Chapter 553.70, Florida Statutes

A.

Mandatory structural inspections for condominium and cooperative buildings shall be required and performed as set forth in F.S. § 553.899, as amended from time to time.

B.

Condominium owners, cooperative owners, and any other owners subject to F.S. § 553.899 must schedule or commence repairs for substantial structural deterioration within one hundred eighty (180) days after St. Lucie County receives a phase two inspection report.

(Ord. No. 25-019, § 1, 9-16-2025)

The International Property Maintenance Code, as promulgated by the International Code Council, Inc., is adopted by reference as the Minimum Housing Standards of the County, to apply to the unincorporated areas of the County. A copy of such code shall be filed in the office of the Public Works Director and shall be available for public inspection during the regular business hours of such office.

(Ord. No. 21-030, § 9, 9-7-2021)

A.

The County Administrator may delegate or assign all or part of the responsibilities associated with the administration of the Minimum Housing Standards to the St. Lucie County Code Compliance Division.

B.

The County Administrator shall serve as the Code Official referenced in the International Property Maintenance Code.

(Ord. No. 21-030, § 9, 9-7-2021)

Enforcement remedies of the Standard Housing Code will be in accordance with the procedures set out in Section 11.13.02 of this Code.

(Ord. No. 21-030, § 9, 9-7-2021)

Chapter 3, of the International Property Maintenance Code, 2000 edition, as promulgated by the International Code Council, Inc., is adopted by reference as the Exterior Property Maintenance Code of the County, to apply to the unincorporated areas of the County. A copy of such code shall be filed in the office of the Public Works Director and shall be available for public inspection during the regular business hours of such office.

A.

The following sections of Chapter 3, of the International Property Maintenance Code, 2000 edition, are hereby amended in the following respects:

1.

Section 301.3 (Vacant structures and land) shall be amended to read as follows:

301.3 Vacant structures and land. All vacant structures and premises thereof shall be maintained in a safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. In addition, the owner of a vacant structure shall take such steps and perform such acts as may be required from time to time to insure that the structure and surrounding property remain safe, secure, and sanitary, and do not present a hazard to adjoining property or to the public. All openings, including doors and windows, which are covered or closed for access shall be provided with painted exterior-grade plywood closures, matched in color to the structure, unless the same are provided with awnings, storm panels, or other similar commercially available products designed for this intended use and installed in a workmanlike manner.

2.

Section 302.5 (Rodent harborage) shall be amended to read as follows:

302.5 Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which shall not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. For the purposes of this section, the term "rodent" shall not include squirrels. This section shall not apply to exterior property zoned AG-1, AG-2.5, and AG-5.

3.

Section 302.7 (Accessory Structure) shall be amended to read as follows:

302.7 Accessory Structures. All accessory structures, including detached garages, fences and walls shall be maintained structurally sound and in good repair, except that the provisions of this paragraph shall not apply to any bona fide agricultural operation in the AR-1 zoning district and any area zoned AG-1, AG-2.5 or AG-5.

4.

Section 303.2 (Protective treatment) shall be amended to read as follows:

303.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in a structurally sound and operational condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint over a substantial portion of the exterior surface shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion.

B.

The following sections of Chapter 3, of the International Property Maintenance Code, 2000 edition, are hereby deleted from applicability as described in Section 13.09.01:

In the event that there is a conflict between any regulation cited in this Section and any other regulation of the County found in the St. Lucie County Land Development Code, St. Lucie Code and Compiled Laws or the Florida Building Code, the stricter of the two (2) standards shall apply.