ARTICLE II. BUILDING CODE

Sec. 6‑27. Florida Building Code adopted.

 (a) Florida Building Code adopted.  There is hereby adopted by reference and incorporated herein as fully and completely as though set out at length the current Florida Building Code as adopted by the Florida Legislature. The Florida Building Code is specifically to be construed as being cumulative with all existing federal, state, applicable county, and town laws, ordinances and regulations now existing or hereafter adopted, or as amended from time to time. The Florida Building Code shall not be construed as an authorization for any construction which is now or hereafter prohibited by federal, state, applicable county, or other town laws, ordinances, or regulations.

(Code 1962, 9‑9; Ord. No. 81‑291, 1, 4‑21‑81; Ord. No. 87‑6, 1(a), 3‑17‑87; Ord. No. 87‑22, 1, 11‑17‑87; Ord. No. 92-9, 2, 27-21-92; Ord. No. 96-1, 5, 10-17-95; Ord. No. 98-6, 1, 4-21-98; Ord. No. 12-02, 3, 11-21-11)

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*State law reference–State minimum building codes, F.S. 553.70 et seq.

Sec. 6‑28. Amendments to the Florida Building Code.

104.10.1 Modifications of the strict application of the requirements of the Florida Building Code. The Building Official shall coordinate with the Floodplain Administrator to review requests submitted to the Building Official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 117 of the Florida Building Code.

107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Section 105.14 and Section 107.6 of the Florida Building Code, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code.

117 VARIANCES IN FLOOD HAZARD AREAS
117.1 Flood hazard areas. Pursuant to section 553.73(5), F.S., the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building.

(Ord. 96-1, 6, 10-17-95; Ord. No. 12-02, 4, 11-21-11; Ord. 14-04, 1, 2-18-14)

Sec. 6-28.5. Building inspection department.

 There is hereby established a department to be called the build­ing inspection department and the person in charge shall be known as the building official who shall be a department head and officer of the town.

The town manager shall employ and appoint a building official and determine the qualifications with concurrence of council and recompense therefor as long as the qualifications meet the mini­mum requirements of the State of Florida. It shall be the duty of the building official to enforce the provisions of this code as it relates to building, construction, and zoning ordinances. The build­ing official shall keep records of all proceedings together with the necessary applications, copies of permits, and certificates show­ing all pertinent information. The building official shall not en­gage in the occupation of building, directly or indirectly, within the borders of the Town of Indialantic.

The building official, may with the approval of the town man­ager, appoint deputy or assistant building inspectors to perform duties consistent with such appointment. (Ord. No. 87‑18, 1, 11‑17‑87; Ord. No. 98-6, 2, 4-21-98)

Sec. 6‑29. Repealed.

(Code 1962, 9‑14; Ord. No. 248, 1, 2‑20‑79; Ord. No. 92-9, 4, 7-21-92; Ord. 98-6, 3, 4-21-98; Ord. No. 12-02, 5, 11-21-11)

Sec. 6‑30. Indialantic Coastal Construction Code of 1987.

 (a) [Generally:] The provisions contained herein shall consti­tute the Indialantic Coastal Construction Code of 1987 hereinaf­ter referred to as the coastal code and shall apply to all applicable construction within the town that is within the coastal building zone except as exempted hereby. This code is to be construed as being cumulative with the Florida Building Code adopted here­inabove and in cases of conflict, the stricter provision shall apply. No provisions hereof shall be construed to permit any construc­tion in any area prohibited by city, county, state or federal ordi­nance, statute, rule or regulation.

(b) [Purpose.] The purpose of the coastal code is to require a variance before any permit may be issued to allow a major struc­ture to be constructed, in whole or in part, seaward of the coastal construction control line and to provide minimum standards for the design and construction of buildings and structures in the coastal building zone to reduce the harmful effects of hurricanes and other severe storms occurring along the coastal area of the Town of Indialantic. These standards are intended to specifically address design features which affect the structural stability of the beach, dunes and topography of adjacent properties.

(c) [Variance; procedure.]

 (1)   No major structure may be constructed seaward, in whole or in part, of the Brevard County coastal construction con­trol line, as now existing and as duly established from time to time hereafter, without a variance having first been granted by the board of adjustment.

(2)   Notwithstanding the authority granted to the board of adjustment pursuant to section 17‑141 of the Indialantic Zoning Code, the board of adjustment shall nevertheless follow only the below‑stated procedure in all respects when dealing with a variance request based solely on the desire to construct a major structure, otherwise nonconforming to the coastal code, seaward of the coastal construction control line and landward of the oceanfront setback defined in section 17‑127(15) of the Indialantic Zoning Code:

a.     The board of adjustment shall grant a variance only when the applicant has met his burden of proof by proving that construction of the major structure sea­ward of the coastal construction control line will not jeopardize the stability of the beach‑dune system, will not accelerate erosion, and will not endanger either adjacent or landward property or the property in ques­tion itself; it being in the public interest and prudent to preserve and protect the beaches of the Town of Indialantic from harm.

b.     When a variance request is not solely based on the above‑stated situation, all other aspects of the vari­ance request shall be determined pursuant to Article VIII of the Indialantic Zoning Code, Chapter 17, and the issues noted above regarding the environment shall be determined as per subsection (2)a.

c.     The board of adjustment shall also comply with sec­tions 17‑142 through 17‑145 of the Indialantic Zoning Code when deciding a variance request whether or not same shall be based solely on the situation stated in this subsection.

d.     Nothing hereinabove shall be construed as relieving applicant from complying with all applicable county, state and federal ordinances, statutes, rules and regu­lations before construction may actually commence.

e.     In the event the board of adjustment grants a requested variance, the board may attach to said variance such reasonable conditions as the board deems necessary to maintain the purpose and intent of this section.

f.      An applicant for a variance shall supply two (2) copies of a topographic survey of the subject property pre­pared or verified for accuracy not more than six (6) months prior to the date of the application and certi­fied by a land surveyor registered in the State of Flor­ida, depicting the location of the coastal construction control line, the oceanfront setback, existing structures, and proposed construction.

g.     The applicant shall also submit two (2) copies of de­tailed final construction plans and specifications for all structures proposed, signed and sealed by a professional engineer or architect registered in the State of Florida.

(d) Applicability. The requirements of this coastal code shall apply to the following types of construction in Indialantic, Brevard County, Florida:

(1)   The new construction of, or substantial improvement to major structures, nonhabitable major structures, and minor structures as defined herein.

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

(3)   Construction located partially within the coastal building zone.

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

(e) Exemptions. The requirements of the coastal code shall not apply to the following:

(1)   Minor work in the nature of normal beach cleaning and debris removal.

(2)   Structures in existence prior to the effective date of the code, except for substantial improvements as defined herein.

(3)   Construction for which a valid and unexpired building permit was issued prior to the effective date of this code.

(4)   Construction extending seaward of the seasonal high‑water line which is regulated by the provisions of Section 161.O41, Florida Statutes (i.e., groins, jetties, moles, breakwaters, seawalls, piers, revetments, beach nourishment, inlet dredg­ing, etc.).

(5)   Construction of nonhabitable major structures as defined herein, except for the requirements of paragraph (h)(4).

(6)   Construction of minor structures as defined herein, except for the requirements of paragraph (h)(5).

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

(f) Application for permit. All applications for building permits submitted to the town except for single‑family detached residen­tial construction (which is not unusual in design) within the coastal building zone landward of the coastal construction control line, and all applications for building permits submitted to the town for all construction seaward of the established Brevard County coastal construction control line shall be certified by an architect or professional engineer registered in the State of Flor­ida. Such certification shall state that the design plans and speci­fications for the construction are in compliance with all of the provisions, conditions, and criteria established and set forth in this coastal code, except that construction landward of the coastal construction control line need not comply with the foundation design and construction requirements delineated in (h)(3)b., c., d. and e., hereinbelow. A professional engineer or architect, howev­er, except in the case of single family detached residential not unusual in design, shall certify that compliance with said con­struction standards are not warranted.

(g) Definitions. For the purposes of this subsection, the follow­ing terms shall have the meaning set forth below, and when not inconsistent with the context, words used in the present tense shall include the future, words in the singular include the plural number, and words in the plural number include the singular, and “shall” is always mandatory and not merely directory.

(1)   Beach: The zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effec­tive limit of storm waves. “Beach” may alternatively be referred to as “shore.”

(2)   Breakaway wall: A partition independent of supporting structural members that shall withstand design wind forc­es, but would fail under hydrostatic, wave, and runup forces associated with the design storm surge. Under de­sign storm surge conditions, the wall shall fail in a man­ner such that it breaks up into components that will min­imize the potential for damage to life or adjacent property. It shall be a characteristic of a breakaway or frangible wall that it shall have a horizontal design loading resis­tance of no less than ten (10) nor more than twenty (20) pounds per square foot.

(3)   Building support structure: Any structure which supports floor, wall or column loads, and transmits these loads to the foundation, and shall include, but not be limited to beams, grade beams, or joists, and the lowest horizontal structural member exclusive of piles, columns or footings.

(4) Coastal building zone: That land area of the Town of Indialantic, Florida, lying landward of the Atlantic ocean and seaward of the Indian River.

(5)   Coastal construction control line: A line defining the land­ward extent of that portion of the beach‑dune system which is subject to severe fluctuations based upon a one‑hundred-year storm surge, storm waves, or other predictable weather conditions as established by the Department of Natural Resources in accordance with Section 161.053, Florida Statutes.

(6)   Column action: The potential elastic instability in piles or columns resulting in axial or lateral bending of the mem­ber due to compressive stress.

(7)   Construction: The act of any building, clearing, filling or excavation, or substantial improvement in the size or use of any structure or building or the appearance of any land. When appropriate to the context, “construction” refers to the act of construction or the result of construction.

(8)   Design: To plan and delineate utilizing the minimum ap­plicable codes and/or criteria called for by this section.

(9)   Dune: A mound or ridge of loose sediments, usually sand-sized, lying landward of the beach, and deposited by natu­ral or artificial means.

(10)    Floodproofing: As defined according to the National Flood Insurance Regulations.

(11)    Landward: In a direction away from the Atlantic ocean.

(12)    Major structure: Include the following structures: houses, single‑family residential buildings; mobile homes; modu­lar homes; trailers; multiple‑family residential buildings; condominiums; motels; hotels; apartments; restaurants; shops; towers; other similar residential, or public buildings; swim­ming pools; bathhouses; detached garages; accessory and utility buildings; septic tanks and associated drain fields; package sewer and water plants; parking areas; impervi­ous paved areas; sewer, water, electric, telephone, televi­sion cable and other utility lines; storm drains, water re­tention areas; drainage structures; private roads or streets; flagpoles and signs over twenty (2O) feet in height; and storage tanks.

(13)    Mean high water line: The intersection of the tidal plane of mean high water with the shore. Mean high water is the average height of high waters over a 19‑year period, as set forth in Section 177.27(15), Florida Statutes.

(14)    Minor structure: Include dune and beach walkover struc­tures; beach access ramps and walkways; stairways; view­ing platforms; gazebos; boardwalks; lifeguard support stands; cantilevered docks or porches; fences; fishing or ocean piers; pipelines; ocean outfalls; and ornamental walls; garden structures; or other ornamental construction. It shall be a characteristic of minor structures that they are considered to be expendable under design wind, wave, and storm forces.

(15)    Mobile home: Includes manufactured housing which con­forms to the Federal Manufactured Housing Construction and Safety Standards or the Uniform Standards Code ANSI A‑119.1 pursuant to Section 320.823, Florida Statutes.

(16) Nonhabitable major structures: Include swimming pools; park­ing garages; pipelines; piers, canals; lakes; ditches; drain­age structures; and other water retention structures; water and sewage treatment plants; electrical power plants, trans­mission and distributions lines, transformer pads, vaults, and substations; roads; bridges; streets; highways; storage tanks; communications buildings and towers; flagpoles and signs over fifteen (15) feet in height.

(17)   NGVD: “National Geodetic Vertical Datum” established by the National ocean Service, and is alternatively referred to as the “1929 Mean Sea Level Datum.”

(18)   One hundred‑year storm: A shore. incident hurricane or any other storm with accompanying wind, wave, and storm surge intensity having a one hundred (100) percent chance of being equaled or exceeded in any given year, during any one‑hundred‑year interval.

(19)   Seasonal high‑water line: That line formed by the intersec­tion of the rising shore and the elevation of one hundred fifty (150) percent of the local mean tidal range above mean high water.

(20) Seaward: In a direction toward the Atlantic ocean.

(21)   State minimum building code: Model building construction code as established by Florida Statutes 553.73.

(22)   Substantial improvement: Any repair, reconstruction or im­provement of a structure, the cost of which equals or ex­ceeds a cumulative total of fifty (50) percent of the most recent assessed value of the structure, as determined by the Brevard County Property Appraisers office, either:

a.     Before the improvement or repair started; or

b.    If the structure has been damaged, and is being re­stored; before the damage occurred.

For the purposes of this definition, substantial improve­ment is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the ex­ternal dimensions of the structure. The term does not, however, include any project for improvement of a struc­ture to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.

(h)    Coastal construction requirements.

 (1) General: Construction within the coastal building zone shall meet the requirements of this chapter, except that con­struction landward of the coastal construction control line need not comply with the foundation design and construc­tion provisions of (h)(3)b., c., d. and e., hereinbelow. A professional engineer or architect, however, except in the case of single family detached residential not unusual in design, shall certify that compliance with said construc­tion standards are not warranted. All structures shall be designed so as to minimize damage to life, and the natural environment.

(2)   Structural requirements for major structures:

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

b.   Elevation, floodproofing, and siting: All major struc­tures shall be designed, constructed and located in compliance with the National Flood Insurance Regu­lations as found in 44 CFR Parts 59 and 60.

(3)   Design conditions:

 a.   Velocity pressure: Major structures, except mobile homes, shall be designed in accordance with the requirements of the Florida Building Code.

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

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

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

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

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

(4)   Structural requirements for nonhabitable major structures:

 a.   Nonhabitable major structures need not meet the spe­cific structural requirements of section (h)(2)b. except that they shall be designed to produce the minimum adverse impact on the beach and dune system and shall comply with the applicable standards of construc­tion found in the Florida Building Code. All sewage treatment and public water supply systems shall be flood‑proofed to prevent infiltration of surface water anticipated under design storm conditions. Underground utilities, exclud­ing pad transformers and vaults, shall be floodproofed to prevent infiltration of surface water expected under design storm conditions or shall otherwise be designed to function when submerged under such storm conditions.

(5)   Structural requirements for minor structures: Minor struc­tures need not meet the specific structural requirements of section (h)(2), except that they shall be designed to produce the minimum adverse impact on the beach and dune sys­tem and shall comply with the applicable standards of construction found in the Florida Building Code.

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

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

a.   of substantially similar quality and convenience to the public;

b.   Approved by the town and approved by the Depart­ment of Natural Resources whenever improvements are involved seaward of the coastal construction con­trol lines; and

c.   Consistent with the coastal management element of the local comprehensive plan adopted pursuant to Sec­tion 163.3178, Florida Statutes.

(Code 1962, 9–12; Ord. No. 81‑291, 2, 4‑21‑81; Ord. No. 87‑6, 1(b), 3‑17‑87; Ord. No. 88‑01, 1, 2, 12‑15‑87; Ord. No. 03-04, 1, 3-18-03; Ord. No. 12-02, 6, 11-21-11)

 Sec. 6‑31.  Review of building and fire safety plans.

 (a) Joint plan review.  With regard to review of any building or construction plans and specifications for the construction, erection, demolition, alteration, or repair of any building or structure, the town’s fire marshal is hereby designated as the local fire code enforcement official and is referred to herein as the fire official. Unless exempted hereby, said fire official shall conduct a review of said building and construction plans and specifications for compliance with the fire prevention code and life safety codes, as adopted in section 7-60, town code.  No permit for the construction, erection, alteration, repair or demolition of any building or structure shall be issued until the building official and fire official, or their respective designees, have reviewed the plans and specifications for such proposal and both officials have found the plans to be in compliance with the requirements of the town building code (as adopted in section 6-27, town code), plumbing code (as adopted in section 6-74, town code), gas code (as adopted in section 6-90, town code), mechanical code (as adopted in section 6-102, town code) and the fire prevention code, together with the life safety standards set forth in section 7-60, town code.  Any building or structure which is not subject to the fire prevention code, adopted in Section 7-60, and any building or structure which is exempt from the building permit process set forth in this chapter shall not be required to have its plans reviewed by the town pursuant to this section.  One and two-family detached residential dwelling units are not subject to plan review by the fire official and the joint plan review provisions of this section.

(b) Conflict.  In the event of a conflict between the requirements of town building code (as adopted in section 6-27, town code), plumbing code (as adopted in section 6-74, town code), gas code (as adopted in section 6-90, town code), or the mechanical code (as adopted in section 6-102, town code) with the fire prevention code and life safety code (adopted in section 7-60, town code), said conflict shall be reviewed by agreement between the town building official and the fire official in favor of the code which offers the greatest degree of life safety or alternatives which would provide an equivalent degree of life safety and an equivalent method of construction. Any decision made by the fire official and the building official may be appealed to the Board of Adjustment and Appeals.

(c)    Conflict review by board of adjustment.

(1)  If the decision of the fire official and the building official is to apply the provisions of either the town building code (as adopted in section 6-27, town code), plumbing code (as adopted in section 6-74, town code), gas code (as adopted in section 6-90, town code), and the mechanical code (as adopted in section 6-102, town code) or the fire prevention code, the board of adjustment may not alter the decision, unless the board determines that the application of such code is not reasonable.

(2)  If the decision of the fire official and the building official is to apply an alternative to the provisions of either the building code (as adopted in section 6-27, town code), plumbing code (as adopted in section 6-74, town code), gas code (as adopted in section 6-90, town code), and the mechanical code (as adopted in section 6-102, town code) or the fire prevention code, together with the life safety code standards, as adopted by section 7-60, town code, the board of adjustment  shall give due regard to the decision rendered by the fire official and the building official and may modify that decision, if the Board adopts a better alternative, taking into consideration all relevant circumstances.

(3)  In any event that the board adopts alternatives to the decision rendered by the fire official and the building official, such alternative shall provide an equivalent degree of life safety and an equivalent method of construction as the decision rendered by the fire official and the building official.

The Board shall resolve any conflict in the provision of the town building code (as adopted in section 6-27, town code), plumbing code (as adopted in section 6-74, town code), gas code (as adopted in section 6-90, town code), and the mechanical code (as adopted in section 6-102, town code) with the fire prevention code and life safety code standards as adopted in section 7-60, town code, in favor of the code which offers the greatest degree of life safety or alternatives which would provide an equivalent degree of life safety and an equivalent method of construction.

(4)  All decisions of the fire official, building official, and the Board shall be in writing and shall be binding upon all persons, except as otherwise provided pursuant to the Florida Statutes.  Decisions of general application shall be indexed by applicable sections of the fire prevention code and the life safety code standards, or the town building code, plumbing code, mechanical code, or the gas code, and shall be available for inspection during normal town business hours.

(Ord. No. 92-9, 5, 7-21-92; Ord. No. 96-1, 7, 10-17-95)

 Sec 6‑32. Reserved.

 Editor’s note–Ord. No. 87.6, 1(c), adopted March 17, 1987, repealed 6‑32, pertaining to amendments to the coastal construction code and the standard building code adopted, which derived from Ord. No. 81‑296, 1, adopted July 28,1981 and Ord. No. 85‑9, 1, adopted April 16,1985.

Sec. 6‑33. Enforcement of the minimum building code.

(a)    Definitions. As used in this section, the term:

 (1)   Board means the board of building codes and standards created by Florida Statutes Chapter 553, Part VI.

(2)   Enforcing agency means the Town of Indialantic.

(3)   State minimum building code means the Florida Building Code referenced in Section 6-27 of this code.

(4)   Threshold building means any building which is greater than three (3) stories or fifty (50) feet in height, or which has an assembly occupancy classification that exceeds five thousand (5,000) square feet in area and an occupant con­tent of greater than five hundred (500) persons.

(b) Enforcement. There is hereby adopted by reference and in­corporated herein Florida Statutes Section 553.79(5), (6), (7) and (8), and any subsequent amendments thereto. as follows:

(5)   a.   The enforcing agency shall require a special inspector to perform structural inspections on a threshold build­ing pursuant to a structural inspection plan prepared by the engineer or architect of record. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. The purpose of the structural inspection plan is to provide specific inspection procedures and schedules so that the build­ing can be adequately inspected for compliance with the permitted documents. The special inspector shall inspect the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the en­forcing agency.

b.  The fee owner of a threshold building shall pay all costs of employing a special inspector, but the special inspector shall be responsible to the enforcement agen­cy. The inspector shall be a person certified, licensed, or registered under Florida Statutes Chapter 471 as an engineer or under Florida Statutes Chapter 481 as an architect.

c.  The board shall, by rule, establish a qualification pro­gram for special inspectors and shall compile a list of persons qualified to be special inspectors. The archi­tect or engineer of record may act as the special in­spector, provided he is on the list of persons qualified to be special inspectors.

d.  The licensed architect or registered engineer serving as the special inspector shall be permitted to send his duly authorized representative to the job site to per­form the necessary inspections, provided all required written reports are prepared by and bear the seal of the special inspector and are submitted to the enforce­ment agency.

(6)   No permit may be issued for any building construction, erection, alteration, repair, or addition unless the appli­cant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued:

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

b.   Plumbing documents for any new building or addition which requires a plumbing system with more than two hundred fifty (250) fixture units or which costs more than fifty thousand dollars ($50,000.00).

c.   Fire sprinkler documents for any new building or ad­dition which includes a fire sprinkler system which contains fifty (50) or more sprinkler heads.

d.   Heating, ventilation, and air conditioning documents for any new building or addition which requires more than a fifteen‑ton‑per‑system capacity, which is designed to accommodate one hundred (100) or more persons or for which the system costs more than fifty thousand dollars ($50,000.00). This paragraph does not include any document for the replacement or repair of an ex­isting system in which the work does not require al­tering a structural part of the building or for work on a residential one‑family, two‑family, three‑family, or four‑family structure.

e.   Any specialized mechanical, electrical, or plumbing document for any new building or addition which in­cludes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than five thousand dollars ($5,000.00). No such document shall be valid unless a professional engineer who possesses a valid certificate of registra­tion has signed, dated and stamped such document as provided in Florida Statutes Chapter 471.025.

(7)   The enforcing agency shall require that, on every threshold building:

a.  The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcing agency in substantially the following form: To the best of my knowledge and belief, the above‑described con­struction of all structural load bearing components complies with the permitted documents, and the shor­ing and reshoring conforms with the shoring and reshoring plans submitted to the enforcing agency.

b.  Any proposal to install an alternate structural prod­uct or system to which building codes apply be submit­ted to the enforcing agency for review for compliance with the codes and made part of the enforcing agency’s recorded set of permit documents.

c.  All shoring and reshoring procedures, plans, and de­tails be submitted to the enforcing agency for record keeping. Each shoring and reshoring installation shall be supervised, inspected, and certified to be in compli­ance with the shoring documents by the contractor.

d.  All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect’s or engineer’s knowledge, the plans and specifications comply with the applicable minimum building codes.

(8)   The enforcing agency may not issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in Florida Statutes Chapter 489.105(3)(a), or to a licensed building contractor, as defined in Florida Statutes Chapter 489.105(3)(b), within the scope of his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, management, and control of the construction activities on the project for which the building permit was issued. (Ord. No. 85-10, 1, 4-16-85; Ord. No. 87-6, 1(c), 3-17-87; Ord. No. 92-9, 6, 7-21-92; Ord. No. 12-02, 7, 11-21-11)

Secs. 6-34, 6-35.  Reserved

 Editor’s note–Ord. No. 87-6, 1(c), adopted March 17, 1987, repealed 6-34 and 6-35, pertaining to compliance of structures with the Coastal Zone Protection Act of 1985, which derived from Ord. No. 86-10, 1, 2, adopted April 15, 1986.

 Secs. 6-36–6-39.  Reserved