HomeMy WebLinkAboutOrdinance 2002-02
ORDINANCE NO. 2002-02
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
REPEALING IN THEIR ENTIRETY OCOEE CITY CODE
CHAPTER 51 - BUILDING CONSTRUCTION, CHAPTER 69 -
ELECTRICAL STANDARDS, CHAPTER 106 - MECHANICAL
STANDARDS, CHAPTER 130 - PLUMBING, AND CHAPTER 158
- SWIMMING POOLS; CREATING A NEW CHAPTER 51 OF
THE OCOEE CITY CODE ENTITLED BUILDING CODE -
LOCAL AMENDMENTS, CONSISTING OF ARTICLES
ENTITLED GENERAL PROVISIONS, SPECIFIC AMENDMENTS
TO THE FLORIDA BUILDING CODE, BUILDING
CONSTRUCTION, LIMITATIONS ON CONSTRUCTION AND
CONSTRUCTION-RELATED ACTIVITIES, ELECTRICAL
STANDARDS, MECHANICAL STANDARDS, PLUMBING, AND
SWIMMING POOLS; PROVIDING FOR INCREASED BUILDING-
RELATED PERMIT APPLICATION AND INSPECTION FEES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR TRANSMITTAL OF
ORDINANCE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to conform with the
provisions of Part VII, Chapter 553, Florida Statutes, which mandates that all local governments
implement and enforce the provisions of a statewide uniform building code entitled the Florida
Building Code no later than March 1,2002.
WHEREAS, in order to implement the provisions of the Florida Building Code, it is
necessary for the City Commission to repeal in their entirety Ocoee City Code Chapter 51,
Building Construction; Chapter 69, Electrical Standards; Chapter 106, Mechanical Standards;
Chapter 130, Plumbing; and Chapter 158, Swimming Pools.
WHEREAS, pursuant to Part VII, Chapter 553, Florida Statutes, the city is authorized to
enact local amendments to the Florida Building Code which are more restrictive than provisions
of the Florida Building Code and to adopt the building standards set forth therein.
006.242798.7
WHEREAS, the city desires to enact such local amendments, as provided for in Part VII,
Chapter 553, Florida Statutes, as a new Chapter 51, Building Code - Local Amendments, to
regulate construction contractors and tradesmen within the incorporated limits of the City.
WHEREAS, the new Chapter 51 of the Ocoee City Code is intended to clarify and
supplement the provisions of the Florida Building Code.
WHEREAS, in the case of any conflict between the provisions of the new Chapter 51
and the Florida Building Code, the Florida Building Code shall take precedence.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1.
Authoritv. The City Commission of the City of Ocoee has the authority
to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapters 166 and 553, Florida Statutes.
Section 2.
Recitals and Findine:s. The purpose of the city creating a new Chapter 51
of the Code of Ordinances is to comply with the provisions of Part VII, Chapter 553, Florida
Statutes. The provisions of the new Chapter 51 are local in nature and are to be construed in
relation to other provisions of the Code of Ordinances.
Section 3.
New Chapter. A new Chapter 51 of the Code of Ordinances of the City
of Ocoee, Florida is hereby adopted as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE APART HEREOF
Section 4.
Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
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006.242798.7
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
Section 5.
Codification. It is the intention of the City Commission of the City that
the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of
the City; and that sections of this Ordinance may be renumbered or relettered and the word
"ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or
phrase in order to accomplish such intentions; and regardless of whether such inclusion in the
Code is accomplished, sections of this Ordinance may be renumbered or relettered and the
correction of typographical errors which do not affect the intent may be authorized by the City
Manager, without need of public hearing, by filing a corrected or recodified copy of same with
the City Clerk.
Section 6.
Transmittal of New Chapter. The City Clerk is hereby directed to
transmit both a certified copy and an electronic copy of this Ordinance and all exhibits thereto to
the Florida Building Commission within thirty (30) days of the enactment thereof. The
electronic copy shall be transmitted via electronic mail to the Florida Building Commission at its
internet web site, located at www.floridabuilding.org.
Section 7.
Effective Date. This Ordinance shall become effective on March 1, 2002,
unless the Florida Legislature extends the date on which the Florida Building Code will become
effective to a date after March 1, 2002, in which case this Ordinance will become effective on the
same date the Florida Building Code becomes effective.
PASSED AND ADOPTED this \qTH day of FE &~\..\ ,.,,~,/, 2002.
3
006.242798.7
ATTEST:
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY rr= I
this li day of v-eVJN(}.^;, 2002.
FOLEY & LARDNER
By: ~aJ ( ~;Jtj
City Attorney
006.242798.7
APPROVED:
CITY OF OCOEE, FLORIDA
~., /J iJ4
,~ :5..71 ! //.~~f;l .
S. Scott Vandergrift, Mayor '
ADVERTISED February 7, 2002
READ FIRST TIME February 5, 2002
READ SECOND TIME AND ADOPTED
F'~&~" A~'" ,~,2002
UNDER AGENDA ITEM NO. 1I. A I
4
Section 51-1.
Section 51-2.
Section 51-3.
Section 51-4.
Section 51-5.
Section 51-6.
Section 51-7.
Section 51-8.
Section 51-9.
Section 51-10.
Section 51-11.
Section 51-12.
Section 51-13.
Section 51-14.
Section 51-15.
Section 51-16.
Section 51-17.
Section 51-18.
Section 51-19.
Section 51-30.
Section 51-31.
Section 51-35.
Section 51-36.
Section 51-37.
Section 51-50.
Section 51-51.
Section 51-52.
Section 51-53.
Section 51-54.
Section 51-55.
Section 51-60.
Section 51-65.
006.242798.7
EXHIBIT" A"
BUILDING CODE - LOCAL AMENDMENTS
CHAPTER 51
ARTICLE I
General Provisions
Authority; purpose.
Applicability.
Definitions; word usage.
Construal of provisions.
Application of other provisions.
Compliance with Florida Fire Prevention Code and local amendments.
Promulgation of rules and regulations.
Administration.
Certificates of competency; registration.
Contractors to be certified.
Issuance of contractor registration.
Approval of plans; issuance of notices and other documents; records.
Permits required.
Revocation of permits; grounds.
Construal of permit; validity; effect.
Permits not transferable; subsequent permits.
Correction and reinspection of violations.
Investigation of complaints; notice of unsafe conditions.
Conditions requiring manufacturer's product certification.
Enforcement procedures.
Penalties for offenses.
Construction Board of Adjustment and Appeals.
Appeals to the Construction Board of Adjustment and Appeals.
Procedures of the Construction Board of Adjustment and Appeals.
ARTICLE II
Specific Amendments to the Florida Building Code
Permitting and Inspection.
Building.
Standards.
Rules of Construction.
Words not defined.
Words Defined.
Section 102; Building Department.
Powers and Duties of the Building and Zoning Official.
5
Section 51-70.
Section 51-71.
Section 51-72.
Section 51-73.
Section 51-74.
Section 51-75.
Section 51-76.
Section 51-77.
Section 51-78.
Section 51-79.
Section 51-80.
Section 51-81.
Section 51-82.
Section 51-83.
Section 51-84.
Section 51-90.
Section 51-91.
Section 51-92.
Section 51-93.
Section 51-94.
Section 51-95.
Section 51-100.
Section 51-105.
Section 52-110.
Section 51-115
Section 51-120.
Section 51-125.
Section 51-126.
Section 51-127.
Section 51-128.
Section 51-129.
Permits.
Information required.
Time Limitations.
Additional data.
Site drawings.
Hazardous occupancies.
Manufactured/Mobile Homes.
Special foundation permit.
Public right-of-way.
Conditions of the permit; permit intent.
Conditions of the permit; demolition.
Work starting before permit issuance.
Work commencing before permit issuance; penalties; emergencies.
Types of fees enumerated.
Building permit valuations.
Section 105; Inspections.
Required inspections; slab inspection.
Required inspections; framing.
Required inspections; roofing.
Inspections; swimming pool inspection.
Site debris.
Issuing Certificate of Occupancy.
Section 107; Tests.
Section 108; Severability.
Section 109; Violations and Penalties.
Construction Board of Adjustment and Appeals.
ARTICLE III
Building Construction
Standards applicable to mobile homes.
Permit required.
Issuance of permits.
Permit application; fees.
Permit fee when other permits required.
ARTICLE IV
Limitations on Construction and Construction-Related Activities
Section 51-135.
Section 51-136.
Section 51-137.
006.242798.7
Limitations on construction and construction-related activities.
States of emergency.
Enforcement.
6
Section 51-140.
Section 51-141.
Section 51-142.
Section 51-143.
Section 51-144.
Section 51-145.
Section 51-146.
Section 51-147.
Section 51-150.
Section 51-151.
Section 51-152.
Section 51-153.
Section 51-160.
Section 51-161.
Section 51-162.
Section 51-163.
Section 51-165.
Section 51-166.
Section 51-167.
Section 51-168.
Section 51-169.
006.242798.7
ARTICLE V
Electrical Standards
Posting of notice of unsafe conditions; use of condemned wiring
prohibited.
Issuance of permits.
Permit application; fees.
Payment of fees; permit forms.
Permit fee when other permits required.
Acts prohibited prior to inspection.
Temporary authorization.
Reinspections; fees.
ARTICLE VI
Mechanical Standards
Issuance of permits.
Fees.
Permit fee when other permits required.
Reinspections; fees.
ARTICLE VII
Plumbing
Issuance of permits.
Permit fees.
Permit fee when other permits required.
Reinspections; fees.
ARTICLE VIII
Swimming Pools
Approval of plans.
Responsibilities of owners.
Issuance of permit.
Permit fees.
Temporary fencing.
7
ARTICLE I
General Provisions
~ 51-1.
Authority; purpose.
This Chapter is enacted under the general home rule power of the city and pursuant to
Part VII, Chapter 553, Florida Statutes, for the purpose of providing necessary regulations to
control and regulate building, electrical, plumbing, mechanical, swimming pool, fire and other
contractors and other construction tradesmen who undertake building construction within Ocoee,
Florida. This Chapter is intended to be a local amendment to the Florida Building Code and to
supplement the Florida Building Code and the provisions of Part VII, Chapter 553, Florida
Statutes. The provisions of the Florida Building Code are hereby incorporated into this Chapter
by this reference.
~ 51-2.
Applicability.
This Chapter shall apply and be in force and effect within all of the incorporated areas of
the city.
~ 51-3.
Definitions; word usage.
A.
As used in this Chapter, the following terms shall have the meanings indicated:
BOARD - The Construction Board of Adjustment and Appeals.
BUILDING AND ZONING OFFICIAL - The Building and Zoning Official of
the City of Ocoee. All references to the Building and Zoning Official in the City
Code shall have the same meaning as Building Official in the Florida Building
Code.
BUILDING CONTRACTOR -- Any person who constructs, alters, repairs,
remodels or demolishes any building or has the responsibility therefor.
CITY -- The incorporated territory of the City of Ocoee, a political subdivision of
the State of Florida.
CODE ENFORCEMENT BOARD -- The Code Enforcement Board. 1
COMMERCIAL ZONES -- All those districts presently and hereinafter zoned for
commercial and professional uses, including but not limited to Planned Unit
Development - Commercial.
I See Chapter 7, General Provisions, Art. 1.
8
006.242798.7
EMERGENCY -- Any occurrence or threat thereof, whether natural,
technological or man-made, in war or in peace, which results or may result in
substantial injury or harm to the population or substantial damage to or loss of
property.
INDUSTRIAL ZONES -- All those districts presently and hereafter zoned for
industrial uses, including but not limited to Planned Unit Development -
Industrial.
IRRIGA nON SPRINKLER - Those who are qualified to install, maintain, repair,
alter or extend all piping and sprinkler heads for the irrigation of lawns, including
the connection to a water pump.
B. Word usage.
(1) Reference to any office or officer includes any person authorized
by law to perform the duties of such office.
(2) The singular includes the plural, and vice versa.
(3) The masculine includes the feminine and neuter, and vice versa.
c.
Definitions related specifically to the Florida Building Code and the local
amendments thereto are set forth in Article II of this Chapter.
~ 51-4.
Construal of provisions.
This Chapter shall be deemed to be cumulative and supplemental and in addition to any
other act, law or ordinance relating to building, electrical, plumbing, mechanical, swimming pool
and fire contractors and other construction tradesmen and building construction under the
jurisdiction of the city; provided, however, that this Chapter supersedes and repeals any existing
ordinance or special law or city regulation which is in direct, irreconcilable conflict herewith.
The provisions of this Chapter shall be liberally construed in order to effectively carry out the
purpose of this Chapter in the interest of the public health, safety and welfare of the citizens and
residents of the city.
~ 51-5.
Applicability of other provisions.
All installations shall conform to setback and other zoning requirements as prescribed by
the city.
~ 51-6.
Compliance with Florida Fire Prevention Code and Local Amendments.
Any person conducting any building, electrical, mechanical, plumbing, fire, swimming
pool or other work under the provisions of this Chapter must also comply with the Florida Fire
9
006.242798.7
Prevention Code and any local amendments thereto which may from time-to-time be adopted by
the City Commission. No permit or certificate of occupancy shall be issued by the Building and
Zoning Official for any such work which does not comply with the provisions of this Section.
~51-7. Promulgation of rules and regulations.
The City Commission may by resolution enact reasonable rules and regulations to
implement and carry out the provisions of this Chapter; provided, however, that such rules and
regulations shall be reduced to writing and made a part of record readily available to any person
concerned. Any such rules and regulations shall be consistent with the Florida Building Code
and this Chapter.
~ 51-8.
Administration.
The Building and Zoning Official shall be the administrative official for the provisions of
this Chapter and shall have jurisdiction and control over building, electrical, mechanical,
swimming pool, plumbing, air-conditioning, refrigeration, heating, ventilation and other trade
work and other construction, maintenance, repair and removal work within the city.
~ 51-9.
Certificates of competency; registration.
It shall be a violation of this Chapter for any person to engage in the business of or act in
the capacity of a building, electrical, mechanical, plumbing, swimming pool or other type of
construction contractor within the city without first having obtained a current certificate of
competency in the manner provided for in the Florida Building Code and registered with the
City, as provided in Chapter 119 of the Ocoee City Code.
~ 51-10.
Contractors to be certified.
Any person desiring to engage in the business of or act in the capacity of a building
electrical, mechanical, plumbing, swimming pool or other type of construction contractor or
tradesman within the incorporated areas of the city shall possess a valid and current Orange
County or state certificate for the class of contractor or tradesman required for the type building
to be constructed.
~ 51-11.
Issuance of contractor registration.
No person shall be registered as a contractor to engage in the business of or act in the
capacity of a building, electrical, mechanical, plumbing, swimming pool or other type of
construction contractor or tradesman within the city until such person has exhibited a current
certificate of competency and proof of workers' compensation insurance for the class of
contractor or tradesman for which he or she seeks a registration.
~ 51-12.
Approval of plans; issuance of notices and other documents; records.
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006.242798.7
The Building Department shall examine all plans and specifications filed with it for
approval. The Building and Zoning Official shall issue and sign all notices, certificates and
permits for the construction, installation or repair of buildings or electrical, plumbing,
mechanical or other systems. The Building and Zoning Official shall keep a record of all
inspections made, complaints received, plans and specifications examined, notices served, fees
collected, certificate applications received and all other services performed by this Department.
~ 51-13.
Permits required.
It shall be a violation of this Chapter for any person to do any work related to building,
electrical, plumbing, mechanical, swimming pool or other type of construction work without first
obtaining a permit therefor from the Building Department. Notwithstanding the foregoing,
nonrecurring, routine or minor household maintenance activities within residential zones are
exempt from the provisions of this section.
~ 51-14.
~ 51-15.
006.242798.7
Revocation of permits; grounds.
All permits issued under this Chapter shall be revocable by the Building and Zoning
Official at any stage of the work upon the following grounds:
A.
The permit was issued by mistake of law or fact.
B.
The permit is for work which violates the provisions of this Chapter or the Florida
Building Code.
C.
The permit was issued upon misrepresentation by the applicant.
D.
The work violates any ordinance of the city or any provision of the Florida
Building Code.
E.
The work is not being performed in accordance with the provisions of this
Chapter or the Florida Building Code.
F.
The certificate of competency upon which said permit was issued has become
invalid by reason of expiration or otherwise.
G.
The work is not being performed under the supervision of the holder of the
certificate of competency upon which the same was issued.
H.
The work is not being done in accordance with the terms of the permit or the
applications upon which the same was issued.
Construal of permit; validity; effect.
11
The issuance or granting of a permit or approval of plans and specifications shall not be
deemed or construed to be a permit for or an approval of any violation of any of the provisions of
this Chapter or the Florida Building Code. No permit presuming to give authority to violate or
cancel the provisions of this Chapter shall be valid, except so far as the work or use which it
authorizes is lawful. The issuance of a permit upon plans and specifications shall not prevent the
Building and Zoning Official from thereafter requiring the correction of errors in such plans and
specifications nor from prohibiting the starting or continuance of work thereunder when in
violation of this Chapter or of any other provisions of this Code or of the Florida Building Code.
~ 51-16.
Permits not transferable; subsequent permits.
No permit shall be transferable, and the issuance of a permit for certain work shall not
preclude the issuance of a subsequent permit for the same work.
~ 51-17.
Correction and reinspection of violations.
In the event that the Building Department, upon inspection, shall find any work not in
compliance with this Chapter or the Florida Building Code, the person doing said work shall
promptly do everything necessary to bring said work within the requirements of this Chapter or
the Florida Building Code. The Building Department shall then, upon notice from such person,
reinspect said work after payment of such reinspection fee as is established and from time to time
amended by duly adopted ordinance or resolution by the City Commission.
~ 51-18.
Investigation of complaints; notice of unsafe conditions.
The Building and Zoning Official shall examine all buildings and premises about which a
complaint concerning construction, alteration, repairing, remodeling or demolishing or plumbing,
electrical, mechanical, air-conditioning, heating, refrigeration, ventilation or other system work is
made and shall, upon evidence of an unsafe condition, condemn such building and notify the
owner or his agent to make the necessary corrections in accordance with the requirements of this
Chapter and the Florida Building Code. Such notice shall be made in writing and specify a time
certain for compliance. Any person failing to place the building or applicable electrical,
mechanical, plumbing, air-conditioning, refrigeration, heating, ventilation, swimming pool or
other system in a proper and safe condition as instructed by the Building and Zoning Official
within the reasonable time fixed by the Building and Zoning Official, shall be in violation of this
Chapter.
~ 51-19.
Conditions requiring manufacturer's product certification.
A.
Whenever the Building and Zoning Official receives complaints or other
information which indicates that, in the opinion of the Building and Zoning
Official, a particular product is not being installed on a consistent basis in
accordance with the manufacturer's specifications, then the Building and
Zoning Official may, in his discretion, issue an order which requires the following
with respect to the product which is the subject of the complaint:
12
006.242798.7
~ 51-30.
~ 51-31.
(1) The product must be installed in strict accordance with the manufacturer's
specifications, a copy of which shall be at the job site during inspection.
(2) At the time of final inspection, delivery to the Building and Zoning
Official of a certification, signed by a representative ofthe product
manufacturer, that the product is suitable and intended for the use set forth
in the plans and specifications for the building submitted to the city for
approval and that an independent inspection of the installed product in
question has been undertaken and that the product has been installed in
strict accordance with the manufacturer's specifications and that no
warranties with respect to the product have been voided.
(3) A copy of the product manufacturer's maintenance instructions and
product warranty information shall be in the building at the time of final
inspection.
B.
The decision of the Building and Zoning Official as set forth above may be
appealed to the City Commission by filing a notice of appeal with the City Clerk.
The decision of the City Commission on such appeal shall be final.
Enforcement procedures.
The procedures set forth in Chapter 7, Enforcement of Code, shall apply to this Chapter.
Penalties for offenses.
Any person violating any provision of this Chapter shall, upon conviction, be punishable
as provided in ~ 1-12 of Chapter 1, General Provisions, Article II, of the Code of the City of
Ocoee. Each day such violation is committed or permitted to continue shall constitute a separate
offense.
~ 51-35.
006.242798.7
Construction Board of Adjustment and Appeals.
A.
There is hereby established a board to be called the Construction Board of
Adjustment and Appeals, which shall consist of five (5) members. The Board
shall be appointed by the City Commission.
B.
The Construction Board of Adjustment and Appeals should include the following
among its members:
1. Three of the following: a Division 1 contractor; an electrical contractor; a
mechanical contractor; a plumbing contractor; an architect; or an engineer.
13
2. Two members of the general public.
Board members from the general public shall reside within the incorporated limits
of the City ofOcoee. All other Board members may live either within or outside
ofthe incorporated limits of the city. A Board member shall not act in a case in
which he has a personal or financial interest.
C. The terms of office of the Board members shall be staggered so no more than one-
third of the Board is appointed or replaced in any twelve-month period. The
initial members of the Board shall be appointed by the City Commission as
follows:
1. Two (2) members shall be appointed for a term of one (1) year.
2. Two (2) members shall be appointed for a term of two (2) years.
3. One (1) member shall be appointed for a term of three (3) years.
Vacancies shall be filled for an unexpired term in the manner in which original
appointments are required to be made. Continued absence of any member from
required meetings of the Board shall, at the discretion of the City Commission,
render any such member subject to immediate removal from office.
D. A simple majority of the Board shall constitute a quorum. In varying any
provision of the Florida Building Code, the affirmative votes of the majority
present, but not less than three (3) affirmative votes, shall be required. In
modifying a decision of the Building and Zoning Official, not less than a majority
of the Board shall be required.
E.
A person shall be designated by the City Manager to act as secretary of the
Board and shall make a detailed record of all of its proceedings, which shall set
forth the reasons for its decision, the vote of each member, the absence of any
members and any failure of any member to vote.
F.
The Construction Board of Adjustment and Appeals shall have the power, further
defined in this section, to hear appeals of decisions and interpretations of the
Building and Zoning Official and consider variances of technical codes.
~51-36.
Appeals to the Construction Board of Adjustment and Appeals.
A. The owner of a building, structure or service system, or his duly authorized agent,
may appeal a decision of the Building and Zoning Official to the Construction
Board of Adjustment and Appeals whenever anyone of the following conditions
are claimed to exist:
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006.242798.7
1. The Building and Zoning 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 the Florida Building Code do not apply to the 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 the Florida Building Code or any of the
regulations thereunder have been misconstrued or incorrectly interpreted.
B. The Construction Board of Adjustment and Appeals, when so appealed to and
after a hearing, may vary the application of any provision of the Florida Building
Code to any particular case when, in its opinion, the enforcement thereof would
do manifest injustice and would be contrary to the public spirit and purpose of the
Florida Building Code 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 the Florida Building Code to other
building, structure 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 the Florida Building Code and will not be detrimental to
the public health, safety and general welfare.
C. 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 the Florida Building Code. Violation of the
conditions of the variance shall be deemed a violation of the Florida Building
Code.
15
006.242798.7
~ 51-37.
~ 51-50.
D.
Notice of appeal shall be in writing and filed within ten (10) calendar days after
the decision is rendered by the Building and Zoning Official. Appeals related to
provisions of the Florida Building Code, other than the local amendments
contained in Article III of this Chapter, may be appealed to the Florida Building
Commission, pursuant to section 120.569, Florida Statutes, regarding the city's
action. Notice of Administrative Rights may be obtained from the city Building
Department.
E.
In the case of a building, structure or service system which, in the opinion of the
Building and Zoning Official, is unsafe, unsanitary or dangerous, the Building
and Zoning Official may, in his order, limit the time for such appeals to a shorter
period.
Procedures of the Construction Board of Adjustment and Appeals.
A.
The Board shall establish rules and regulations for its own procedure not
inconsistent with the provisions of the Florida Building Code. The Board shall
meet on call of the chairman. The Board shall meet within thirty (30) calendar
days after notice of appeal has been received.
B. 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 and Zoning Official
or varies the application of any provision of the Florida Building Code, the
Building and Zoning Official shall immediately take action in accordance with
such decision. Every decision shall be promptly filed in writing in the office of
the Building and Zoning 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 and Zoning
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.
ARTICLE II
Specific Amendments to the Florida Building Code
Permitting and Inspection.
The following provision is added to subsection 101.3 of Chapter 1 of the Florida Building
Code as a local amendment:
101.3.3. Permitting and inspection. The inspection or permitting of any building,
system or plan by the City of Ocoee, under the requirements of the Florida Building Code, shall
not be construed in any court as a warranty of the physical condition of such building, system or
006.242798.7
16
plan or their adequacy. Neither the city nor any employee thereof shall be liable in tort for
damages for any defect or hazardous or illegal condition or inadequacy in such building, system
or plan, nor for any failure of any component of such, which may occur subsequent to such
inspection or permitting, unless the employee is found to have acted in bad faith or with
malicious purpose in a manner exhibiting wanton and willful disregard for safety, health and
welfare of the public.
~ 51-51.
Building.
A. The following provision is deleted from subsection 101.4.2 of Chapter 1 of the
Florida Building Code by this local amendment:
101.4.2. "However, this section does not apply to the manufacture of
mobile homes, as defined by Federal law."
B. The following provisions are added to subsection 101.4.2 of Chapter 1 of the
Florida Building Code by this local amendment:
101.4.2. The following buildings, structures and facilities are exempt from
the Florida Building Code as provided by law, and any future exemptions shall be as determined
by the legislature and provided by law:
(a) Buildings and structure specifically regulated and preempted by
the Federal Government.
(b) Railroads and ancillary facilities associated with the railroad.
(c) Non-residential farm buildings on farms.
(d) Temporary buildings or sheds used exclusively for construction
purposes.
(e) Mobile homes used as temporary offices, except that the
provisions of part V (~~553.50 - 553.513, Florida Statutes)
relating to accessibility by persons with disabilities shall apply to
such mobile homes.
(f) Those structures or facilities of electric utilities, as defined in
section 366.02, Florida Statutes, which are directly involved in the
generation, transmission, or distribution of electricity.
(g) Temporary sets, assemblies or structures used in commercial
motion picture or television production, or any sound-recording
equipment in such production, on or off the premises.
17
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~ 51-52.
Standards.
The following provision is added to subsection 101.4.2.3 of Chapter 1 of the
Florida Building Code by this local amendment:
101.4.2.3.2. All amusement devices erected within the city shall conform to the
Standard Amusement Device Code, 1997 edition, subject to all amendments, modifications or
deletions hereinafter contained.
~ 51-53.
Rules of Construction.
The following provisions are added to subsection 10 1.4 of Chapter 1 of the
Florida Building Code by this local amendment:
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 section 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.
10 1.4.13.2 Text. In case of any difference of meaning or implication
between the text of this section and any figure, the text shall control.
101. 4.13.3 Delegation of authority. Whenever a provision
appears requiring the Building and Zoning Official or some other officer or employee to do some
act or perform some duty, it is to be construed to authorize the Building and Zoning 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 calendar
month.
10 1.4.13.5 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, letter or figures whether by printing or
otherwise.
18
006.242798.7
101.4.13.7
Year. The word "year" shall mean calendar year, unless a
fiscal year indicated.
101.4.13.8 Interpretation. Interpretations of the Florida
Building Code shall be made by the Building and Zoning Official.
~ 51-54.
Words not defined.
The following provisions are added to subsection 101.4 of Chapter 1 of the Florida
Building Code by this local amendment:
101.4.14
Words not defined.
101.4.14.1 Words not defined herein shall have the meaning stated in the
Florida Statues or other nationally recognized codes, or other documents, manuals or standards
adopted elsewhere in the Florida Building Code or the Ocoee City Code. 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 ofa conflict in definitions or codes, the appropriate
definition (or code) to be applied shall be the one applicable to the trade in question. In case of
conflict between different parts of the Florida Building Code; conflicts within the same code; or
conflicts between code; the more stringent requirements shall be applicable.
~ 51-55.
Words Defined.
The following provisions are added to subsection 101.4 of Chapter 1 of the Florida
Building Code by this local amendment:
101.4.15
Words Defined.
a. 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 previously approved inspection.
b. Appraised value. For the purpose of the Florida Building Code,
appraised value is defined as either (1) one hundred and twenty (120) percent of the assessed
value of the structure as indicated by the Orange County Property Appraiser's Office or (2) the
value as indicated in a certified appraisal from a certified appraiser.
c. Assessed value. The value of real property and improvements
thereon as established by the Orange County Property Appraiser.
19
006.242798.7
d. Authorized agent. A person specifically authorized by the holder of a
certificate of competency to obtain permits in his stead.
e. Basic Wind Speed. The basic wind speed shall be 110 miles per
hour, per Figure 1606 of the Florida Building Code.
f. 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.
g. Board.
The City of Ocoee Construction Board of Adjustment and
Appeals.
h. Building component.
to or part of a building.
An element or assembly of elements integral
i. 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.
j. Building system. A functionally related group of elements,
components and/or equipment, such as the electrical, plumbing and mechanical systems of a
building.
k. Certification. The act of process of obtaining a certificate of
competency from the state or city through the review of the applicant's experience and financial
responsibility, as well as successful passage of an examination.
I. 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.
m. Certificate of experience. An official document evidencing that an
applicant has satisfied the work experience requirements for a certificate of competency.
n. Certificate of occupancy (c. 0.). An official document evidencing that
a building satisfied the requirements of the City of Ocoee for the occupancy of a building.
o. Certified contractor. Any contractor who possesses a certificate
of competency issued by the Department of Professional Regulation of the State of Florida.
p. Change of occupancy. A change from one Building Code
occupancy classification or subclassification to another.
q. Commercial building. Any building, structure, improvement or
accessory thereto, other than a one- or two-family dwelling.
20
006.242798.7
r. 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.
s. Demolition. The act of razing, dismantling or removal of a
building or structure, or portion thereof, to the ground level.
t. Examination. An exam prepared, proctored and graded by a
recognized testing agency unless otherwise implied in context or specifically stated otherwise.
u. FCILB. The Florida Construction Industry Licensing Board.
v. 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 ofthe 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.
w. Inspection warrant. A court order authorizing the Building and
Zoning Official or his designee to perform an inspection of a particular property named in the
warrant.
x. Intensification of use.
of a residential or commercial building.
An increase in capacity or number of units
y. Interior finish.
building for the first occupancy thereof.
The preparation of interior spaces of a commercial
z. Licensed contractor. A contractor certified by the State of Florida
or the City of Ocoee who has satisfied all state or local requirements to be actively engaged in
contracting.
aa. Market value.
As defined in floodplain regulations of the Florida
Building Code.
bb. Owner's agent. A person, firm or entity authorized in writing by the
owner to act for or in place of the owner.
cc. Permit. An official document authorizing performance of a
specific activity regulated by the Florida Building Code.
dd. Permit card or placard. A document issued by the jurisdiction
evidencing the issuance of a permit and recording of inspections.
21
006.242798.7
ee. 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 possession of a certificate of competency.
ff. 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 possession of a certificate of competency.
gg. 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 in content with the examination required by the Florida Building
Code.
hh. 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 City of Ocoee.
ii. Registration. The act of 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 city.
jj. Remodeling. Work which changes the original size, configuration
or material of the components of a building.
kk. Residential building.
Anyone-or two-family building or
accessory.
ll. Roofing. The installation of roof coverings.
mm. Spa. Any constructed or prefabricated pool containing water jets.
nn. Specialty contractor. A contractor whose services do not fall
within the categories specified in Section 489.105(3), Florida Statutes, as amended.
00. Start of construction:
1. 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.
22
006.242798.7
2. Building. The removal, disassembly, repair, replacement,
installation or assembly of the building, structure, building system
or building components in whole or parts thereof.
pp. Stop work order. An order by the Building and Zoning Official, or his
designee, which requires the immediate cessation of all work and work activities described in the
order.
qq. 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.
rr. 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.
ss. 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.
tt. Value.
Job cost.
~ 51-60.
Section 102; Building Department.
The following provisions are added as Section 102 of Chapter 1 of the Florida Building
Code by this local amendment:
Section 102. Building Department.
102.1. Establishment. There is hereby established a department called the city Building
Department, and the person in charge shall be known as the Building and Zoning
Official.
102.2. Employee Qualifications.
102.2.1. Building and Zoning Official Qualifications. The Building and
Zoning Official shall be licensed as a Building Code Administrator by the State of Florida.
102.2.2. Employee Qualifications. The Building and Zoning Official may,
in accordance with all applicable personnel policies and procedures, appoint or hire such number
of officers, inspectors, plans examiners, assistants and other employees as shall be authorized
from time to time. A person shall not be appointed or hired as an 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.
23
006.242798.7
102.3. Restrictions on employees. An officer or employee connected with the Building
Department, except one whose only connection is a member of the Board established by the
Florida Building Code and the local amendments thereto, shall not be financially interested in the
furnishing of labor, material or appliances for the construction, alteration, or maintenance of a
building, structure, service or system, or in the making of plans or of specifications thereof,
within the jurisdiction of the city, unless he is the owner of such. This officer or employee shall
not engage in any other work which is inconsistent with this duties or conflict with the interest of
the city.
102.4. Records. The Building and Zoning Official shall keep, or cause to be kept, a
record of the business of the Building Department. The records of the Department shall be open
to public inspection.
102.5. Liability. Any officer or employee, or member of the Construction Board of
Adjustment and Appeals, charged with the enforcement of the Florida Building Code and any
local amendments thereof, acting for the city authority in the discharge of his duties, shall not
thereby render himself personally liable, and is hereby relieved from all personal liability for any
damage that may occur to persons or property as a result of any act required or permitted in the
discharge of his duties. Any suit brought against any officer or employee or member because of
such act performed by him in the enforcement of any provision of the Florida Building Code
shall be defended by the city 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.
~ 51-65.
Powers and Duties of the Building and Zoning Official.
The following provisions are added to Section 103 of Chapter 1 of the Florida Building
Code by this local amendment:
Section 103. Powers and Duties of the Building and Zoning Official.
103.1. General. The Building and Zoning Official is hereby authorized and directed to
enforce the provisions of the Florida Building Code and any local amendments thereto. The
Building and Zoning Official shall have the authority to render interpretations of the Florida
Building Code and any local amendments thereto and to adopt policies and procedures in order to
clarify the application of its provisions. Such interpretations, policies and procedures shall be in
compliance with the intent and purpose of the Florida Building Code, and shall not have the
effect of waiving requirements specifically provided for in the Florida Building Code.
103.2. Right of entry.
103.2.1. Whenever necessary to make an inspection to enforce any of the
provisions of the Florida Building Code and any local amendments thereto, or whenever the
Building and Zoning 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,
24
006.242798.7
premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the
Building and Zoning Official may enter such building, structure or premises at all reasonable
times to inspect the same and to perform any duty imposed upon the Building and Zoning
Official by the Florida Building 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 and Zoning Official
shall have recourse to every remedy provided by law to secure entry.
103.2.2. When the Building and Zoning 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 person 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 and Zoning Official for the purpose of inspection and examination pursuant to the
Florida Building Code and any local amendments thereto.
103.3. Stop work orders. Upon notice from the Building and Zoning Official, work on
any building, structure, electrical, gas, mechanical or plumbing system that is being done
contrary to the provisions of the Florida Building Code and any local amendments thereto or in a
dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall
be given to the owner of the property, or to his agent, or to the person doing the work, and shall
state the conditions under which work may be resumed. Where an emergency exists, the
Building and Zoning Official shall not be required to give a written notice prior to stopping the
work.
103.4. Revocation of permits. The Building and Zoning Official is authorized to suspend
or revoke a permit issued under the provisions of the Florida Building Code whenever the permit
is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in
violation of any ordinance or regulation or any provisions of the Florida Building Code and any
local amendments thereto.
103.4.1. Misrepresentation of application. The Building and Zoning
Official may revoke a permit or approval issued under the provisions of the Florida Building
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 and Zoning Official
may revoke a permit upon determination by the Building and Zoning Official that the
construction, erection, alternation, 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
and any local amendments thereto.
103.5. Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical
or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which
25
006.242798.7
constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing
use, constitute a hazard to safety or health, are considered unsafe buildings or service systems.
All such unsafe buildings, structures or service systems are hereby declared illegal and shall be
abated by repair or rehabilitation or by demolition in accordance with the provisions of Chapter
108 of the Ocoee City 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 the Florida Building Code or other technical codes, shall be determined
by the Building and Zoning Official.
~51-70.
Permits.
The following provisions are deleted from subsection 104.1.1 of Chapter 1 of the Florida
Building Code by this local amendment:
Section 104 Permits
104.1.1.
When required.
Exceptions:
"2. Permits shall not be required for the following types of activities:
2.1 the installation of any manufactured residential storage
shed less than 250 square feet;
2.2 making any residential roof repair to an area of 100 square
feet or less;
2.3 pouring any residential slab on grade on which no structure
will be placed;
2.4 building of any non-masonry fence;
2.5 installation of non-commercial, temporary shelters such as
freestanding canopies not intended for human habitation;
2.6 replacement of any non-commercial hot water heaters;
2.7 installation of vinyl siding on one and two-family
residences or building accessories thereto;
2.8 installation of residential lawn sprinkler systems;
26
006.242798.7
2.9 replacement of non-commercial windows having equal or
greater thermal efficiency, with the same dimensions as the
original windows."
~51-71.
Information required.
The following provision is deleted from subsection 104.1.5 of Chapter 1 of the Florida
Building Code by this local amendment:
104.1.5. Information required. .... "The code in effect on the date of application
shall govern the project."
The following provision is added to subsection 104.1.5 of Chapter 1 of the Florida
Building Code by this local amendment to replace the above-quoted language:
104.1.5. Information required. .. ..For a building permit for which an application is
submitted prior to the effective date of the Florida Building Code, the state minimum building
code in effect in the city on the date of the application governs the permitted work for the life of
the permit and any extension granted to the permit.
~ 51-72.
Time Limitations.
The following provision of subsection 104.1.6 of Chapter 1 of the Florida Building Code
is hereby amended to read as follows:
104.1.6. Time Limitations. Except as otherwise provided in this chapter, 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. One or
more extensions of time for periods of not more than 90 days each may be allowed by the
Building and Zoning Official for the application, provided the extension is requested in writing
and justifiable cause is demonstrated.
~ 51-73.
Additional data.
The following provision is added to subsection 104.2.1 of Chapter 1 of the Florida
Building Code by this local amendment:
104.2.1.2. Additional data. The Building and Zoning 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.
~51-74.
Site drawings.
27
006.242798.7
The following provision of subsection 104.2.4 of Chapter 1 of the Florida Building Code
is hereby amended to read as follows:
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. The Building and
Zoning Official shall be permitted to require a boundary line survey prepared by a qualified
surveyor whenever the boundary lines cannot be readily determined in the field.
~51-75.
Hazardous occupancies.
The following provision is added to subsection 104.2 of Chapter 1 of the Florida Building
Code by this local amendment:
104.2.5.
the following:
Hazardous occupancies. The Building and Zoning Official may require
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 hazardous classes and quantity range per hazard
class of the hazardous materials stored.
~51-76.
Manufactured/Mobile Homes.
The following provision is added to subsection 104.3.1 of Chapter 1 of the Florida
Building Code by this local amendment:
104.3.1.1.
Minimum plan review criteria for buildings.
Manufactured/Mobile Homes
1. Site requirements
setback/separation(assumed property line)
location of septic tanks (if applicable)
2. Structural
wind zone
28
006.242798.7
anchoring
blocking
3. Mechanical
Exhaust systems
clothes dryer exhaust
kitchen equipment exhaust
4. Electrical
exterior disconnect location
~51-77.
Special foundation permit.
The following provision is added to subsection 104.4 of Chapter 1 of the Florida Building
Code by this local amendment:
104.4.5. Special foundation permit. When application for a permit to erect or
enlarge a building has been filed and pending issuance of such permit, the Building and Zoning
Official may, at his discretion, issue a special permit for the foundation only. The holder of such
a special permit is proceeding at their own risk and without assurance that a permit for the
remainder of the work will be granted nor that corrections will not be required in order to meet
the provisions of the technical codes.
~ 51-78.
Public right-of-way.
The following provision is added to subsection 104.4 of Chapter 1 of the Florida Building
Code by this local amendment:
104.4.6. Public right-of-way. A permit shall not be given by the Building and
Zoning 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 and has been issued a permit pursuant to such application.
~ 51-79.
Conditions of the permit; permit intent.
The following provision is added to subsection 104.5.1 of Chapter 1 of the Florida
Building Code by this local amendment:
104.5.1. Permit intent. ....Failure to obtain an approved inspection within 180 days of the
previously approved inspection shall constitute suspension or abandonment. One or more
extensions of time, for periods not more than 180 days each, may be allowed by the Building and
29
006.242798.7
Zoning Official for the permit, provided the extension is requested in writing and justifiable
cause is demonstrated prior to the expiration date.
~ 51-80.
Conditions of the permit; demolition.
The following provision is added to subsection 104.5.1 of Chapter 1 of the Florida
Building Code by this local amendment:
104.5.1.5. Permits issued for the demolition of a structure shall expire sixty (60) days from
the date of issuance. For a justifiable cause, one (1) extension of time for a period not exceeding
thirty (30) days may be allowed. Such request shall be in writing to the Building and Zoning
Official.
~ 51-81.
Work starting before permit issuance.
The following provision is added to subsection 104.5 of Chapter 1 of the Florida Building
Code by this local amendment:
104.5.4. Work starting before permit issuance. Upon approval of the Building and Zoning
Official, the scope of work delineated in the building permit application and plans may be started
prior to the final approval and issuance of the permit, provided any work completed is entirely at
the risk of the permit applicant and the work does not proceed past the first required inspection.
~ 51-82.
Work commencing before permit issuance; penalties; emergencies.
The following provision of subsection 104.6.2 of Chapter 1 of the Florida Building Code
is hereby amended to read as follows:
104.6.2. Work commencing before permit issuance. Any person who commences any
work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining
the Building and Zoning Official's approval or the necessary permits shall be subject to a penalty
of 100 percent of the usual permit fee in addition to the required permit fees, or as provided bv
local ordinance. 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 (3) business days and any unreasonable delay in obtaining those
permit( s) shall result in the 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 and Zoning Official may grant extensions of time or waive fees when
iustifiable cause has been demonstrative in writing.
~ 51-83.
Types of fees enumerated.
The following provision is added to subsection 104.6 in Chapter 1 of the Florida Building
Code by this local amendment:
30
006.242798.7
104.6.5.
following:
Types of fees enumerated. Fees may be charged for but not limited to the
a. Permits;
b. Plans examination;
c. Certificates of competency (including fees for applications, examinations,
renewal, late renewal and reciprocity);
d. Re-inspections;
e. Administrative fees (including fees for investigative and legal costs incurred in the
context of certain disciplinary cases heard by the Board);
f. Variance requests;
g. Administrative appeals;
h. Violations; and
1. Other fees as established by local ordinance.
~ 51-84.
Building permit valuations.
The following provision is added to subsection 104.6 of Chapter 1 of the Florida Building
Code by this local amendment:
104.6.6. Building permit valuation. If, in the opinion of the Building and Zoning Official,
the valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems
appears to be underestimated on the application, the permit shall be denied, unless the applicant
can show detailed estimates to meet the approval of the Building and Zoning Official. Permit
valuations shall include total costs, such as electrical, gas, mechanical, plumbing equipment and
other system materials and labor. The permit valuation may be calculated as set forth in Section
51-128 of the Ocoee City Code.
~ 51-90.
Section 105; Inspections.
The following provisions are added to Section 105 of Chapter 1 of the Florida Building
Code by this local amendment:
105.1. Existing building inspections. Before issuing a permit, the Building and Zoning 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 the 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 and Zoning
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.
31
006.242798.7
105.3. Inspection service. The Building and Zoning Official may make, or cause to be made, the
inspections required in section 105. He may accept reports of departmental 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
provisions of the Florida Building Code shall not be based on such reports unless the same are
recorded by the building code inspector or the architect or engineer performing building code
inspections in a manner specified by the Building and Zoning Official. The Building and Zoning
Official shall ensure that all persons making such inspections shall be certified in accordance
with Chapter 468, Florida Statutes.
~ 51-91.
Required inspections; slab inspection.
The following provision is added to subsection 105.6 of Chapter 1 of the Florida Building
Code by this local amendment:
105.6. Required inspections.
Building.
1.1 Slab inspection: To be made after the reinforcement is in place, all concealed conduit,
piping, ducts and vents are installed and the electrical, plumbing and mechanical work is
complete. The slab shall not be poured until all required inspections have been made and passed.
~ 51-92.
Required inspections; framing.
The following provision of subsection 105.6 of Chapter 1 of the Florida Building Code is
hereby amended to read as follows:
105.6. Required inspections.
Building.
2. Framing inspection: To be made after the roof, all framing, fireblocking and bracing is in
place, all concealing wiring, all pipes, chimneys, ducts and vents are complete and 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
- energy insulation
- accessibility
32
006.242798.7
Insulation Inspection: To be made after the framing and roofing inspection is approved
and insulation is in place.
~ 51-93.
Required inspections; roofing.
The following provision of subsection 105.6 of Chapter I ofthe Florida Building Code is
hereby amended to read as follows:
105.6. Required inspections.
Building.
4. Roofing inspection: To be made as two inspections on tile, slate or similar roof coverings
or as one inspection on all other roof coverings, and shall at a minimum include the following
building components:
- dry-in
- insulation
- roof coverings
- flashing
~ 51-94.
Inspections; swimming pool inspection.
The following provision is added to subsection 105.6 of Chapter I of the Florida Building
Code by this local amendment:
105.6. Required inspections.
Building.
6. Swimming pool inspection:
- 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 424.17 of the Florida Building Code.
~ 51-95.
Site debris.
The following provision is added to subsection 105.6 of Chapter 1 of the Florida Building
Code by this local amendment:
105.6. Required inspections.
Site debris.
33
006.242798.7
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.
by any means.
All debris shall be kept in such a manner as to prevent it from being spread
~ 51-100.
Issuing Certificate of Occupancy.
The following provision of subsection 106.1.2 of Chapter I of the Florida Building Code
is hereby amended to read as follows:
106.1.2. Issuing Certificate of Occupancy. Upon completion of construction of a building
or structure and installation of electrical, gas, mechanical, plumbing and fire systems in
accordance with the technical codes, reviewed plans and specifications, and after the final
inspection, and after verification that all septic system permits have received an approved final
inspection, where applicable, the Building and Zoning Official shall issue a Certificate of
Occupancy stating the nature of the occupancy permitted, the number of persons for each floor
where permitted by law, and the allowable load per square foot for each floor in accordance with
the provisions of the Florida Building Code.
~ 51-105.
Section 107; Tests.
The following provision is added as Section 107 of Chapter 1 of the Florida Building
Code by this local amendment:
Section 107. Tests.
107.1. For products not covered under the statewide product evaluation and approval system, the
Building and Zoning Official may require tests or test reports as proof of compliance. Required
tests are to be made at the expense of the owner, or his agent, by an approved testing laboratory
or other approved agency.
~ 51-110.
Section 108; Severability.
The following provision is added as Section 108 of Chapter 1 of the Florida Building
Code by this local amendment:
Section 108. Severability.
34
006.242798.7
108.1. If any section, subsection, sentence, clause or phrase of the Florida Building Code is for
any reason held to be unconstitutional, such decision shall not affect the validity of the remaining
portions of the Code.
~ 51-115
Section 109; Violations and Penalties.
The following provision is added as Section 109 of Chapter 1 of the Florida Building
Code by this local amendment:
Section 109. Violations and Penalties.
109.1. Any person, firm, corporation or agent who shall violate a provision of the Florida
Building Code, or any local amendments thereto, 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, plumbing or fire system, or have erected, constructed, altered,
repaired, moved or demolished a building, structure, electrical, gas, mechanical, plumbing, or fire
system, in violation of a detailed statement or drawing submitted and permitted thereunder, 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 the Florida Building Code, or any local amendments thereto, is committed or
continued. Upon conviction of any such violation, such person shall be punished within the
limits and as provided by law and local ordinance.
~ 51-120.
Construction Board of Adjustment and Appeals.
The City has created a Construction Board of Adjustment and Appeals to hear appeals
related to interpretation of the Florida Building Code by the Building and Zoning Official and his
designees. The powers and authority of such Board are set forth in Sections 51-35 through 51-37
of this Chapter.
~ 51-125.
006.242798.7
ARTICLE III
Building Construction
Standards applicable to mobile homes.
A.
Every mobile home within the corporate limits of the city which shall be used as a
residence shall be inspected for compliance with the minimum blocking, ground
anchor and tie-down standards set forth in the Rule of the Division of Motor
Vehicles, Chapter l5C, and for compliance with the laws of the State of Florida.
No person shall move or cause to be moved a mobile home within the city prior to
obtaining a permit from the Building Department by a state-licensed
manufacturer, dealer or mobile/manufactured home installer to ensure the
installation is in compliance with such standards and the Florida Building Code.
No person shall allow to be moved or otherwise locate on lands or premises
owned by such person within the city any mobile home prior to a state-licensed
35
~ 51-126.
E.
006.242798.7
manufacturer, dealer or mobile/manufactured home installer obtaining a permit
from the Building Department to ensure the installation is in compliance with
such standards and the Florida Building Code.
B. The enforcement of this Section shall rest with the City Building Department, and
the required inspections shall be accomplished by the Building and Zoning
Official.
C. The Building Department shall file notice to any person in violation ofthe
provisions of this Section, specifying the nature of the violation and necessary
corrective action.
D.
The provisions of this Section do not apply to mobile homes that will be in the
city for 15 days or less.
Permit required.
A.
It shall be a violation of this Article for any person to do any building
construction, repair work, alteration or remodeling of any building or to demolish
any building within the scope of this Article without first obtaining a permit
therefor from the Building Department.
B.
Further, each and every construction project of any type, to include initial land
clearing, that is to be performed within the corporate limits of the city must be
submitted to and approved by the City Building Department prior to the start of
construction. This includes utilities such as water lines in building construction
projects as well as projects that are within the state road rights-of-way. The term
"construction" is herein defined to include clearing ofland, regardless of whether
subsequent structures will be built or not.
c.
The Building Department will have the responsibility of coordinating with and
insuring approval of all of their agencies within the city that may be impacted by
any type of construction project. This includes working closely with the city
consulting engineer and utility departments.
D.
Any individual or firm who or which fails to comply with Subsection B shall be
brought before the Code Enforcement Board and/or the City Commission for
them to levy appropriate fines or other punishment. Consequently, in keeping
with the Code Enforcement Board's duties and rights, there may be a fine of up to
two hundred fifty dollars ($250) per day levied for failure to comply with
Subsection B.
Temporary ball fields and playfields. Notwithstanding any provision in this Code
to the contrary, no permit shall be required under the provisions of this Code for
the purpose of making temporary nonstructural improvements to real property in
36
~ 51-127.
~ 51-128.
006.242798.7
order for such real property to be used by a not-for-profit organization as a
temporary ballfield or playfield for a period of time not to exceed 90 consecutive
days.
Issuance of permits.
A.
No permit shall be issued until the fees therefor have been paid to the Building
Department, and all permits shall be issued, in writing, upon forms provided
therefor by said Department.
B.
No permit shall be issued until and unless a surveyor site plan of the property
concerned is submitted to the Building and Zoning Official, as applicable. Said
survey must be signed and sealed by a state-registered surveyor.
Permit application; fees.
A.
Application for permit shall be submitted on forms provided by the Building
Department and shall be accompanied by a plot plan and such plans and/or
specifications as are necessary to describe the work to be done. Such application
shall also be accompanied by a nonrefundable plan review fee, as applicable.
B. The valuation of all buildings, structures or alterations requiring a permit shall be
performed by the Building and Zoning Official. The Building and Zoning Official
shall base his valuation of the building and calculation of permit fees on the
following:
(1) The building permit fee for one- and two-family residential construction is
thirty dollars ($30), plus three dollars and fifty cents ($3.50) per one
thousand dollars ($1,000) of residential construction cost.
(2) The residential construction cost shall be based upon the tables and charts
entitled Building Valuation Data compiled annually by the International
Code Council. Such tables and charts are published each fall in the
trade publication entitled "Southern Building" and shall be made available
for public inspection in the office of the city Building Department. Such
Building Valuation Data will become effective as of January 1 of each
year.
(3) The building permit fee for commercial construction (all construction
other than one- and two-family residential construction) is thirty dollars
($30), plus four dollars and fifty cents ($4.50) per one thousand dollars
($1,000) of commercial construction cost.
(4) Commercial construction cost (construction other than one- and two-
family residential construction) shall be based upon the tables and charts
37
entitled Building Valuation Data compiled annually by the International
Code Council. Such tables and charts are published each fall in the
trade publication entitled "Southern Building" and shall be made available
for public inspection in the office of the city Building Department. Such
Building Valuation Data will become effective as of January 1 of each
year.
(5) Building permit fees for additions, alterations or repairs shall be calculated
at the above rates.
(6) Swimming pools and screen enclosures are thirty dollars ($30), plus three
dollars and fifty cents ($3.50) per one thousand dollars ($1,000) of actual
construction cost.
(7) Sign permits are one dollar ($1) per square foot of sign.
(8) Seawalls, boat docks and boat houses are thirty dollars ($30), plus three
dollars and fifty cents ($3.50) per one thousand dollars ($1,000) of actual
construction cost.
(9) Moving an existing building or structure is as follows:
(a) To outside of city: one hundred dollars ($100), plus expenses.
(b) Into or within the city: two hundred dollars ($200), plus expenses.
(c) Relocation on same lot: fifty dollars ($50), plus expenses.
(d) Demolishing any building or structure: thirty dollars ($30).
(10) For factory-built housing (mobile homes) park and tie-down the permit fee
is one hundred dollars ($100). In addition to the one-hundred-dollar
permit fee, there shall be a nonrefundable inspection fee of fifty dollars
($50), plus one dollar ($1) per mile for any mobile home inspection that
is located over fifty (50) miles from the city limits ofOcoee. If the
application is approved, the fifty-dollar inspection fee shall be applied to
the park and tie-down permit fee.
(11) Fences (all types) are thirty dollars ($30).
(12) Temporary construction trailers or structures are thirty dollars ($30).
(13) Roofing:
(a) New residential is thirty dollars ($30).
(b) New commercial is thirty dollars ($30), plus four dollars and fifty
cents ($4.50) per one thousand dollars ($1,000) of actual
construction cost.
38
006.242798.7
(c) Residential re-roofing repairs are thirty dollars ($30).
(d) Commercial re-roofing or roofing repairs are thirty dollars ($30),
plus four dollars and fifty cents ($4.50) per one thousand dollars
($1,000) of actual construction cost.
(14) Paving, sidewalks, curb, gutter and subdivision walls, including all types
of materials, shall be calculated as thirty dollars ($30), plus three dollars
and fifty cents ($3.50) per one thousand dollars ($1,000) of actual
construction cost.
(15) Water and sewer distribution systems installed by developers or
developers' contractors shall be calculated as two percent (2%) ofthe
contract price.
(16) Land clearing or tree removal shall be calculated as and the fee shall be
ten dollars ($10) per lot for each lot contained in the legal description of
the property to be cleared or twenty-five dollars ($25) per acre, whichever
is greater.
(17) Plan amendments/revisions are five dollars ($5) per page. Upon the
occurrence of the fourth and subsequent plan amendments/revisions, the
fee shall be twenty dollars ($20) per page.
C. Subject to approval of the Building and Zoning Official, actual construction cost
may be determined by using the contract price of construction. Contract price of
construction shall include structural, electrical, plumbing, interior finish, normal
site preparation (excavation and backfill for building), architectural and
engineering fees. A copy of the itemized contract shall be required in all instances
where contract price is used to determine actual construction cost.
D. A permit shall not be issued until the fees prescribed in this Section have been
paid, nor shall an amendment to a permit be released until the additional fee, if
any, due to an increase in the estimated cost of the building, structure, electrical,
plumbing, mechanical or gas systems, has been paid.
E. Any person or entity who commences any work on a building, structure,
electrical, gas, mechanical or plumbing system or other activity requiring a permit
hereunder, before obtaining the necessary permits, shall be subject to a penalty of
one hundred percent (100%) of the usual permit fee in addition to the required
permit fees.
F. Notwithstanding the foregoing, the minimum permit fee shall be thirty dollars
($30) for permits with a construction valuation over one thousand dollars ($1,000)
and fifteen dollars ($15) for all permits with a construction valuation of an
amount equal to or less than one thousand dollars ($1,000).
39
006.242798.7
G. Plan review, inspections and reinspections. In addition to any permit fees payable
as provided in this Article, the following plan review and inspection fees must
also be paid prior to the issuance of any permit:
(1) Plan review and inspection fees:
(a) Residential: one-half (Y2) of permit fee for plan review, in addition
to permit fee.
(b) Commercial: one-half of one percent (Yz of 1 %) of value of
construction for plan review, in addition to permit fee.
(2) Plan review fees shall not be charged for construction projects when
construction plans or drawings are not required.
(3) Reinspection fees:
(a) First reinspection: twenty-five dollars ($25).
(b) Second and third reinspection for the same noncompliance:
forty dollars ($40).
(c) Fourth and subsequent reinspections for the same noncompliance:
one hundred dollars ($100).
(4) Requests for special after-hours (other than normal working hours,
weekends or holidays) inspections shall be submitted to the Building and
Zoning Official, in writing, by the contractor forty-eight (48) hours in
advance of the requested inspection. The minimum number of hours that
will be approved is three (3) hours. No inspection(s) will be approved
until the inspection fees have been paid. The rate per hour for special
after-hours inspections is fifty dollars ($50).
H.
The fees charged pursuant to this section are in addition to any fees which may
from time-to-time be charged by the City related to compliance with the Florida
Fire Prevention Code and any local amendments thereto adopted by the City
Commission.
~ 51-129.
Permit fee when other permits required.
In any case where an installation is subject to an inspection and/or permit pursuant to the
electrical, plumbing, gas, mechanical, swimming pool, roofing, or other applicable regulations of
the city, separate fees shall be charged pursuant to other Articles of this Chapter and such fees are
not included in the building permit and other fees charged pursuant to this Article.
ARTICLE IV
Limitations on Construction and Construction-Related Activities
~ 51-135.
Limitations on construction and construction-related activities.
40
006.242798.7
Except as provided in ~~ 51-136 and 51-137 hereof, no construction or construction-
related activities shall occur within any residential zones or in any commercial zone or industrial
zones located within five hundred (500) feet of any developed residential zone between the hours
9:00 p.m. and 7:00 a.m., Monday through Saturday, on Sundays and on the following holidays:
New Year's Day, Easter, Memorial Day, Labor Day, Independence Day, Thanksgiving and
Christmas. For the purposes ofthis Chapter, construction and construction-related activities
include but are not limited to land clearing, demolition of a structure or building, construction of
a structure or building and the use of any tool, equipment, motorized devices, manually operated
devices or hand-powered devices to accomplish the foregoing. This limitation may be waived by
the Building and Zoning Official for large-scale, critical construction projects. Such requests
must be documented in writing to the Building and Zoning Official at least two weeks prior to
the date of such construction. The Building and Zoning Official's determination shall be in
writing.
~ 51-136.
States of emergency.
A.
The provisions of this Article shall be automatically suspended during any time
that the Governor of the State of Florida has declared that a state of emergency
exists within the corporate limits of the city.
B. For the purposes of this Article, the City Manager may declare that a state of
emergency exists within the corporate limits of the city, in which case the
provisions of this Article shall be automatically suspended during such state of
emergency; provided, however, that any such state of emergency shall extend no
longer than thirty (30) days, unless extended by a majority vote of the City
Commission.
~ 51-137.
Enforcement.
The Building and Zoning Official shall be empowered to issue an order halting all
construction and construction-related activities in violation of this Chapter or the Florida
Building Code. Any disputes regarding compliance with this Article shall result in presentation
of a violation to the Code Enforcement Board pursuant to Chapter 7 of the Code of Ordinances
of the City of Ocoee.
ARTICLE V
Electrical Standards
~ 51-140.
Posting of notice of unsafe conditions; use of condemned wiring prohibited.
A. Whenever any wiring, apparatus or fixture is found by the Building and Zoning
Official to be unsafe or hazardous to life or property, the Building and Zoning Official
shall immediately open the switch or circuit breaker controlling the supply of current to
such wiring, apparatus or fixture and shall post in a conspicuous place near such switch
41
006.242798.7
or circuit breaker a notice printed in red letters as follows:
NOTICE -- WIRING CONDEMNED. THE USE OF ELECTRIC CURRENT IS
PROHIBITED THROUGH THIS WIRING UNTIL PROPER REPAIRS HA VE BEEN
MADE AND APPROVED BY AN ELECTRICAL INSPECTOR. REPAIRS SHALL BE
MADE BY A CERTIFIED ELECTRICIAN AND THE ELECTRICAL INSPECTOR
SHALL BE NOTIFIED WHEN COMPLETED.
B. After such notice is posted, no person shall close the switch or circuit breaker
which has been opened by the Building and Zoning Official or use or attempt to use any
current through the wiring which has been condemned, until necessary repairs have been
made and approved by the Building and Zoning Official.
~ 51-141.
Issuance of permits.
No permit shall be issued until the fees prescribed in this Section have been paid, nor
shall an amendment to a permit be released until the additional fee, if any, due to an increase in
the estimated cost of the electrical system, has been paid. Permits shall be issued, in writing,
upon forms provided by the Building Department.
~ 51-142.
Permit application; fees.
Applications for permits shall be submitted on forms provided by the Building
Department. Such application shall be accompanied by the following permit fees:
A. Standard fees for commercial and residential electrical permits of one thousand
(1,000) volt-amperes or less are based on the total amperage ofthe service
installation. One electrical permit is required for each recording watt-hour meter
service. Should circumstances make it practical to issue one permit involving
more than one watt-hour recording meter service, the fee shall be calculated using
the sum of the fees of the total number of individual watt-hour meter services.
B. Standard permit fees are calculated by the following method:
(1) Minimum electrical permit fee: thirty dollars ($30).
(2) Phase 240 volt-amperes.
Volt-Amperes
Fee
o to 150
$ 60.00
151 to 200
75.00
201 to 400
95.00
42
006.242798.7
401 to 600
145.00
601 to 800
195.00
801 to 1,000
245.00
(3) Phase 208 to 240 volt-amperes.
Volt-Amperes
Fee
o to 150
$104.00
151 to 200
130.00
201 to 400
165.00
401 to 600
251.00
601 to 800
338.00
801 to 1,000
424.00
(4) Phase 480 volt-amperes.
Volt-Amperes
Fee
o to 150
$208.00
151 to 200
260.00
201 to 400
330.00
401 to 600
502.00
601 to 800
676.00
801 to 1,000
848.00
(5) For all commercial permits over 1,000 volt-amperes, the fee shall be thirty
dollars ($30), plus ten dollars ($10) per one thousand dollars ($1,000) or
fraction thereof of contract price, plus five dollars ($5) per one hundred
(100) amps of service.
43
006.242798.7
(6) For all commercial and residential additions, alterations or repairs not
requiring a new service, the fee shall be thirty dollars ($30), plus ten
dollars ($10) per one thousand dollars ($1,000) or fraction thereof of
contract price over three thousand dollars ($3,000).
C. Specialty fees:
(1) Swimming pools:
(a) Residential: thirty dollars ($30).
(b) Commercial: sixty dollars ($60).
(2) Sign connection: thirty dollars ($30).
D. Meter services:
(1) Construction trailers: thirty dollars ($30).
(2) Irrigation systems: thirty dollars ($30).
(3) Sanitary lift stations/similar uses: thirty dollars ($30).
~ 51-143.
Payment of fees; permit forms.
No permit shall be issued until the fees therefor have been paid to the Building
Department, and all permits shall be issued, in writing, upon forms provided therefor by the
Building Department.
~ 51-144.
Permit fees when other permits required.
In any case where an installation is subject to an inspection and/or permit pursuant to the
building, plumbing, gas, mechanical, swimming pool, roofing, or other applicable regulations of
the city, separate fees shall be charged pursuant to other Articles of this Chapter and such fees are
not included in the electrical permit and other fees charged pursuant to this Article.
~ 51-145.
Acts prohibited prior to inspection.
It shall be a violation of this Article for any person, prior to inspection and approval by
the Building and Zoning Official, to:
A. Lath, seal or in any manner conceal any electrical wiring or equipment.
B. Use any electrical current in or through any wiring apparatus or fixtures
for light, heat or power in any building or structure.
44
006.242798.7
C. Connect a distribution system with any installation of wiring apparatus or
fixtures in or on any building, if such person is furnishing electric current
for light, heat or power.
~ 51-146.
Temporary authorization.
On non-residential sites only, the Building and Zoning Official may, before a final
certificate of inspection is issued, give temporary authorization to connect and furnish electric
current to any wiring, apparatus or fixture for a period not exceeding thirty (30) days if such
wiring, apparatus or fixture is in such condition that current may safely be connected therewith
and there exists a necessity for such use. The time during which such temporary authorization is
valid may be extended by the Building and Zoning Official in writing for good cause shown.
~ 51-147.
Reinspections; fees.
In the event that the Building and Zoning Official, upon inspection, shall find any work
not in compliance with this Article, the person doing said work shall promptly do everything
necessary to bring said work within the requirements of this Article. The Building and Zoning
Official shall then, upon notice from such person, reinspect said work after payment of the
following fees:
A. First reinspection: twenty five dollars ($25).
B. Second and third reinspections for same noncompliance: forty dollars
($40).
C. Fourth and subsequent reinspections for the same noncompliance: one hundred
dollars ($100).
ARTICLE VI
Mechanical Standards
~ 51-150.
Issuance of permits.
A permit shall not be issued until the permit fees prescribed in this Section have been
paid, nor shall an amendment to a permit be released until the additional fee, if any, due to an
increase in the estimated cost of the mechanical system, has been paid. Permits shall be issued, in
writing, upon forms provided by the Building Department.
~ 51-151. Fees.
Permit fees shall be based on the contract price or selling price of an installation or
alteration. Permit fees for air conditioning, heating and ventilation installations or alterations are
as follows:
45
006.242798.7
A. Up to and including the first one thousand dollars ($1,000): thirty dollars ($30).
B. For each additional one thousand dollars ($1,000) or fraction thereof up to
twenty-five thousand dollars ($25,000): ten dollars ($10).
C.
For each additional one thousand dollars ($1,000) or fraction thereof over
twenty-five thousand dollars ($25,000): six dollars ($6).
~ 51-152.
Permit fee when other permits required.
In any case where an installation is subject to an inspection and/or permit under building,
electrical, plumbing, gas, swimming pool, roofing, or other applicable regulations of the city
separate fees shall be charged pursuant to other Articles of this Chapter and such fees are not
included in the mechanical permit and other fees charged pursuant to this Article.
~ 51-153.
Reinspections; fees.
A. In the event that the Building and Zoning Official, upon initial inspection, shall
find said work not in compliance with this Article, the person doing said work shall
promptly do everything necessary to bring said work within the requirements of this
Article. The Building and Zoning Official shall then, upon notice from such person,
reinspect said work after payment of the following fees:
(1) First reinspection: twenty five dollars ($25).
(2) Second and third reinspections for same noncompliance: forty
dollars ($40).
(3) Fourth and subsequent reinspections for same noncompliance: one
hundred dollars ($100).
B. Requests for special after-hours (other than normal working hours weekends or
holidays) inspections shall be submitted to the Building and Zoning Official, in
writing, by the contractor forty-eight (48) hours in advance of the requested
inspection. The minimum number of hours that will be approved is three (3)
hours. No inspection(s) will be approved until the permit fee has been paid. The
rate per hour shall be fifty dollars ($50).
ARTICLE VII
Plumbing
~ 51-160.
Issuance of permits.
46
006.242798.7
A permit shall not be issued until the permit fees prescribed in this Section have been
paid, nor shall an amendment to a permit be released until the additional fee, if any, due to an
increase in the estimated cost of the plumbing system, has been paid. Permits shall be issued, in
writing, upon forms provided by the Building Department.
~ 51-161.
~ 51-162.
Permit fees.
A.
All plumbing and gas permits for residential (one- and two-family homes) shall be
thirty dollars ($30), plus three dollars ($3) per fixture or appliance.
B.
Commercial plumbing and gas permits shall be based on the contract or
selling price of the installation or alteration. The permit fee shall be thirty dollars
($30), plus three dollars and fifty cents ($3.50) per one thousand dollars ($1,000)
of actual cost or fraction thereof.
C.
All residential irrigation permits shall be thirty dollars ($30).
D.
All commercial irrigation permits shall be thirty dollars ($30), plus three dollars
and fifty cents ($3.50) for each one thousand dollars ($1,000) of actual cost or
fraction thereof.
Permit fee when other permits required.
In any case where an installation is subject to an inspection and/or permit under building,
mechanical, electrical, gas, roofing, swimming pool, or other regulations of the city, separate fees
shall be charged pursuant to other Articles of this Chapter and such fees are not included in the
plumbing permit and other fees charged pursuant to this Article.
~ 51-163.
A.
006.242798.7
Reinspections; fees.
In the event that the Building and Zoning Official, upon initial inspection, shall
find work not in compliance with this Article, the person doing said work shall
promptly do everything necessary to bring said work within the requirements of
this Chapter. The Building and Zoning Official shall then, upon notice from such
person, reinspect said work after payment of the following fees:
(1) First reinspection: twenty five dollars ($25).
(2) Second and third reinspections for the same noncompliance: forty dollars
($40).
(3) Fourth and subsequent reinspections for the same noncompliance one
hundred dollars ($100).
47
B. Requests for special after-hours (other than normal working hours, weekends or
holidays) inspections shall be submitted to the Building and Zoning Official, in
writing, by the contractor forty-eight (48) hours in advance of the requested
inspection. The minimum number of hours that will be approved is three (3)
hours. No inspection(s) will be approved until the assessed fee has been paid. The
rate per hour shall be fifty dollars ($50).
ARTICLE VIII
Swimming Pool
~ 51-165.
Approval of plans.
A. Prior to commencement of construction of a pool or any structural alteration,
addition or remodeling, two (2) sets of plans and plot plans and specifications and
pertinent explanatory data shall be furnished to the Building and Zoning Official
of the city for his approval and for public pools for the approval by the Florida
State Board of Health by its duly authorized official serving Orange County,
Florida, and no part of any work shall be commenced until the Building and
Zoning Official has granted a permit and has further evidenced his approval by a
suitable endorsement upon such plans and specifications.
B. Plans and specifications for pools must bear the seal and signature of a registered
professional structural engineer licensed to practice in the State of Florida in any
or all of the following instances, except where the swimming pool contractor has
a Master Plan on file with the Building Department:
(1) Where pools exceed two hundred fifty (250) square feet in area at
water level.
(2) Where pools depart from simple rectilinear or curvilinear shape.
(3) Where the highest groundwater elevation will be less than four (4)
feet six (6) inches below the pool water level.
~ 51-166.
Responsibilities of owners.
A.
It is the responsibility of the pool owner to see that the operation of his pool does
not cause undue noise or excess lighting which might prevent the enjoyment by
adjoining property owners of their property.
B.
The owner or persons responsible for the pool operation shall keep in service all
items designed for the purification of the water supply or its protection from
pollution to perform adequately the function for which they were designed.
~ 51-167.
Issuance of permit.
48
006.242798.7
No permit shall be issued until the fees therefor have been paid to the Building
Department, and all permits shall be issued, in writing, upon forms provided therefor by said
Department.
~ 51-168.
Permit fees.
Permit fees for swimming pools are set forth in Article III above.
~ 51-169.
Temporary fencing.
Prior to the start of and during construction of a swimming pool, a temporary fence not
less than forty-eight (48) inches in height and of sturdy construction shall be installed around the
pool. Said fence shall be closed and locked at all times, except when work is in progress and
workmen are on the job. The temporary fence shall not be removed except when the permanent
fence, wall or enclosure shall be immediately constructed.
49
006.242798.7