HomeMy WebLinkAboutChapter 623: Special Inspector: Threshold Buildings CITY OF CAPE CANAVERAL
105 POLK AVENUE • P. 0. BOX 326
CAPE CANAVERAL, FL 32920
(305) 783-1100 DATE December 16 , 1986
TO City Attorney, Jim Theriac SUBJECT SPECIAL THRESHOLD
INSPECTOR
From Acting City Manager, Jan Leeser
MESSAGE
Would you please review our Code Chapter 623 , Special Inspector - Threshold
Buildings and the State Statute regarding the Threshold Inspector. I am
especially concerned that the insurance requirements set forth by the City
Sec. 623 . 0S(D) may cause the entire chapter to be invalid.
Thanks!
SIGNED [signature]
REPLY
Jan it appears that F.S. § 553.49(4) permits the City to require more stringent standards than
required by the State, so our §623.05(D) is valid.
SIGNED [signature] DATE 1/5/87 DATE V-ya
SEND WHITE AND PINK COPIES WITH CARBON INTACT. PINK COPY IS RETURNED WITH REPLY.
Chapter 623
City of Cape Canaveral
105 POLK AVENUE • P.0. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 305 783-1100
September 26, 1985
MEMORANDUM
TO : MAYOR AND CITY COUNCIL
FROM: CITY MANAGER
RE : SPECIAL INSPECTOR - THRESHOLD BUILDINGS
City Code Chapter 623 regarding special inspectors for threshold
buildings requires the inspector to possess an insurance policy
for Errors and Omissions with the minimum limits of $500, 000
per occurrence and $1, 000 , 000 aggregate. This requirement
can not be met because the insurance industry is not presently
writing coverage for errors and omissions . Brevard County
requires a special inspector to maintain professional liability
insurance in the amount of not less than $500, 000 per incident
and $1, 000 , 000 aggregate in lieu of the errors and omissions
policy .
It is recommended that we amend the insurance requirements of
Chapter 623 to coincide with those of Brevard County.
[signature]
Frederick C. Nutt
FCN:ab
Codified Feb 86
ORDINANCE NO. 44-85
AN ORDINANCE AMENDING CODE CHAPTER 623,
"SPECIAL INSPECTOR - THRESHOLD BUILDINGS" ,
OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY
AMENDING INSURANCE REQUIREMENTS; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Section 623. 05(D) of the Code of Ordinances is
hereby repealed in its entirety and replaced with the following:
Sec. 623. 05( D) The Special Inspector shall maintain a
professional liability insurance policy in the amount of not
less than $500, 000 per incident and $1, 000, 000 aggregate.
Special Inspector shall provide a copy of his certificate of
insurance and specific policies involved to the City
Building Official prior to commencing performance of his
duties and responsibilities. Said insurance policies shall
provide that the City shall be entitled to fifteen (15 ) days
prior written notice of any changes or cancellation of said
policies . Said policies shall remain in effect for three
( 3 ) years from the completion date of the last project on
which the Inspector has performed services . In lieu of said
insurance coverage, a surety bond for one million dollars
may be posted by and for the Special Inspector.
[Ord. No. 44-85, §2, 15 Oct 1985]
SECTION 2. AlI portions of the Code in conflict herewith
are hereby repealed.
SECTION 3. This Ordinance shall become effective
immediately upon its adoption.
SECTION 4. ADOPTED BY the City Council of the City of Cape
Canaveral, Florida, this 15th day of October , 1985 .
[Wayne Rutherford's signature]
Mayor
ATTEST:
[Janet S. Leeser's signature]
City Clerk
Approved as to Form:
[City Attorney's signature]
City Attorney
First Reading: 10-01-85
Posted: 10-02-85
Advertised: 10-05-85
Second Reading: 10-15-85
§ 623 . 05 SPECIAL INSPECTOR - THRESHOLD BUILDINGS $ 623 . 05 291
(B) Any person, other than the state certified Special
Inspector, who is sent to the job site as a duly autho-
rized representative of the Special Inspector to perform
inspections , must meet the requirements of the Standard
Building Code, Section 102 . 2 and be approved by the Build-
ing Official .
(C) The Special Inspector shall be on the job at ALL
times structural components are being constructed or
placed. ALL elements of structural installation must be
observed and approved by the Special Inspector.
(E) The structural inspection plan prepared by the
engineer or architect of record must be approved by the
Building Official and must contain at least the following
requirements :
(1) Spot checks , at least daily, of all structural
operations and all operations relating to the structural
integrity of the building.
(2) Inspection of all materials and procedures
to be used during any structural operation, done
when that operation is commencing.
(3) Inspection of any and all structural components
before they are "covered up" .
(F) The shoring and reshoring plans must be approved
and sealed by the engineer of record and submitted to
the Building Official prior to the issuance of the build-
ing permit.
PAGE REVISED
15 OCT 85
Codified Mar 1985
ORDINANCE NO. 19-84
AN ORDINANCE AMENDING CHAPTER 623, "SPECIAL
INSPECTOR-THRESHOLD BUILDINGS" OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE CANAVERAL,
FLORIDA, BY REPEALING CHAPTER 623 IN ITS
ENTIRETY AND SUBSTITUTING, THEREFORE, A NEW
CHAPTER 623, "SPECIAL INSPECTOR-THRESHOLD
BUILDINGS" ; DEFINING THRESHOLD BUILDINGS
AND PROVIDING GUIDELINES FOR THE QUALIFICATIONS
OF THE SPECIAL INSPECTOR; ADOPTING FLORIDA
CHAPTER 83-160 OF THE LAWS OF FLORIDA AS
AMENDED BY SENATE BILL 399; REPEALING ALL
PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of
Cape Canaveral, Florida, as follows :
SECTION 1. Chapter 623, "Special Inspector -
Threshold Buildings" , of the City Code of the City of
Cape Canaveral, Florida, is hereby repealed in its entirety
and replaced with the following:
start here
CHAPTER 623
SPECIAL INSPECTOR - THRESHOLD BUILDINGS
Sec. 623 . 01 Laws of Florida Adopted. Chapter 83-160,
Laws of Florida, Special Threshold Building Inspector, as
amended by Senate Bill 399 , is hereby adopted by reference
as though it were copied here in full. [Ord. No. 27-83, §1, 17 Jan 84;
Ord. No. 19-84, §1, 2 Oct 84]
Sec. 623 . 03 Definitions . The following definitions are
adopted in addition to the statute:
(A) Special Inspector shall be a person certified,
licensed or registered under Chapter 471, as an engineer or
Chapter 481, as an architect. All such persons must have
demonstrated and proven capability to inspect structural
components of threshold buildings as defined herein.
(B) Threshold Building means any building which is
greater than three stories or 50 feet in height, or which
has an assembly occupancy classification that exceeds 5, 000
square feet in area and an occupant content of greater than
500 persons .
ORDINANCE NO. 19-84
PAGE 1 OF 4
(C) Structural Components - Structural components are
as follows : Compaction of fill, footings, piling, pile caps,
grade beams, floor slabs, bearing walls, columns, tie beams,
lintels, reinforcing steel, shoring, reshoring, roof slabs,
roof assembly, stair assembly, all structural elements de-
pending upon one another for continuity or support, and fire
resistive structural components are included, and any other
specific requirements of Chapter 83-160, Laws of Florida.
[Ord. No. 27-83, §1, 17 Jan 84; Ord. No. 19-84, §1, 2 Oct 84]
Sec. 623 .05 General Provisions . The following general
provisions are adopted in addition to the State Statute:
(A) The Special Inspector shall be retained by the
owner of the Threshold Building and shall be
approved by all parties prior to the construction
of any structural components .
(B) Any person, other than the state certified Special
Inspector, who is sent to the job site as a duly
authorized representative of the Special Inspector
to perform inspections, must meet the requirements
of the Standard Building Code, Section 102 .2 and be
approved by the Building Official .
(C) The Special Inspector shall be on the job at ALL
times structural components are being constructed
or placed. ALL elements of structural installation
must be observed and approved by the Special
Inspector.
(D) The Special Inspector shall possess an insurance
policy for Errors and Omissions with the minimum
limits of $500, 000 per occurrence and $1, 000, 000
aggregate. Special Inspector shall provide a
copy of his certificate of insurance and specific
policies involved to the City Building Official
prior to commencing performance of his duties and
responsibilities. Said insurance policies shall
provide that the City shall be entitled to fifteen
(15) days prior written notice of any changes or
cancellation of said policies . Said policies shall
remain in effect for three (3) years from the
completion date on the last project on which the
Inspector has performed services . In lieu of said
insurance coverage, a surety bond for one million
dollars may be posted by and for the Special Inspector.
(E) The structural inspection plan prepared by the
engineer or architect of record must be approved
by the Building Official and must contain at least
the following requirements:
ORDINANCE NO. 19-84
PAGE 2 OF 4
(1) Spot checks, at least daily, of all
structural operations and all operations
relating to the structural integrity of the
building .
(2) Inspection of all materials and procedures
to be used during any structural operation, done
when that operation is commencing .
(3) Inspection of any and all structural
components before they are "covered up" .
(F) The shoring and reshoring plans must be approved
and sealed by the engineer of record and submitted
to the Building Official prior to the issuance of
the building permit.
(G) Only those plans and specifications carrying the
Building Department' s stamp shall be used for
inspections . No changes or deviations from the
permitted plans and specifications will be per-
mitted until the architect or engineer of record
has cleared same through the Building Department.
(H) The Special Inspector shall submit daily
inspections/progress reports in writing to the
City for all time on the job site, related to
structural inspections.
(I) The City will accept any daily report from the
Special Inspector that provides the following
information:
a. Report on company letterhead
b. The date and time of inspection
c. Job name and complete address
d. Detailed report noting any and all changes
and/or corrections
e. The Inspector' s approval
f . The signature of the Inspector under his/her
printed name
(J) The City will maintain a copy of the daily reports
as submitted by the Special Inspector. These
records will be sworn evidence of the Inspector' s
findings during his review of the project work.
(K) The contractor shall schedule a dual inspection
with both the Special Inspector and the City
Building Inspector, of all structural components
prior to "cover up" or pouring of concrete, etc.
(L) The Special Inspector shall notify the Building
Department immediately when non-compliance is
discovered and noted.
ORDINANCE NO. 19-84
PAGE 3 OF 4
(M) The City hereby agrees to convene a meeting with
all interested parties whenever a Stop Work Order
is issued. Said meeting shall be at a reasonable
hour, within 24 hours of the Stop Work Order
issuance .
(N) The Special Inspector shall cooperate fully with
the Building Department and its authorized agents
in the execution of its duties and responsibilities .
[Ord. No. 27-83, §1, 17 Jan 84; Ord. No. 6-84, §1, 3 Apr 84; Ord. No. 19-84, §1, 2 Oct 84]
Sec. 623.07 Penalty. Any person violating any of the
provisions of this Chapter shall be punished as provided in
Sec 801.01.[Ord. No. 28-83, §1, 17 jan 84; Ord. No. 19-84, §1, 2 Oct 84]
[Wayne Rutherford's signature]
Mayor
Attest:
[Janet S. Leeser's signature & seal]
Acting City Clerk
Approved as to Form:
[City Attorney's signature]
City Attorney
NAME YES NO
CALVERT X
FISCHETTI
NICHOLAS X
RUTHERFORD X
WINCHESTER X
PERMISSION TO ADVERTISE: 9-4-84
First Reading: 9-18-84
Posted: 9-6-84
Advertised: 9-14-84
Second Reading: 10-2-84
ORDINANCE NO. 19-84
PAGE 4 OF 4
this was not codified - Ord. 19-84 amended this sect
ORDINANCE NO. 6-84
AN ORDINANCE AMENDING CHAPTER 623, "SPECIAL
INSPECTOR - THRESHOLD BUILDINGS" , OF THE
CITY CODE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, BY CLARIFYING SEC. 623 .03 (c) ,
INSURANCE,REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE .
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows :
SECTION 1 . Chapter 623, Special Inspector - Threshold
Buildings, is hereby amended by deleting Sec . 623 .03 (c) in
its entirety and replacing with the following :
Sec . 623 .03 (c) The Special Inspector shall possess an
insurance policy for Errors and Omissions with the min-
imum limits of $500, 000 per occurrence and $1, 000, 000
aggregate. Special Inspector shall provide a copy of
his certificate of insurance and specific policies in-
volved to the City Building Official prior to commencing
performance of his duties and responsibilities . Said
insurance policies shall provide that the City shall be
entitled to fifteen (15) days prior written notice of
any changes or cancellation of said policies . Said
policies shall remain in effect for three (3) years
from the completion date on the last project on which
the inspector has performed services . In lieu of said
insurance coverage, a surety bond for one million dollars
may be posted by and for the Special Inspector.
SECTION 2 . All portions of the code in conflict here-
with are hereby repealed.
SECTION 3 . This Ordinance shall take effect immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral, 1
Florida, this 3rd day of April , 1984 .
[Mayor's signature]
Mayor
ATTEST:
[City Clerk's signature & seal]
City Clerk
Approved as to Form:
[City Attorney's signature]
City Attorney
NAME YES NO
CALVERT X
FISCHETTI X
NICHOLAS X
RUTHERFORD X
WINCHESTER X
Permission to Advertise: 3-6-84
First Reading: 3-20-84
Posted: 3-9-84
Advertised: 3-15-84
Second Reading: 4-3-84
ORDINANCE NO. 19-84
AN ORDINANCE AMENDING CHAPTER 623 , "SPECIAL
INSPECTOR-THRESHOLD BUILDINGS" OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE CANAVERAL,
FLORIDA, BY REPEALING CHAPTER 623 IN ITS
ENTIRETY AND SUBSTITUTING, THEREFORE, A
NEW CHAPTER 623 , "SPECIAL INSPECTOR -
THRESHOLD BUILDINGS" ; DEFINING THRESHOLD
BUILDINGS AND PROVIDING GUIDELINES FOR THE
QUALIFICATIONS OF THE SPECIAL INSPECTOR;
ADOPTING FLORIDA CHAPTER 83-160 OF THE LAWS
OF FLORIDA AS AMENDED BY SENATE BILL 399 ;
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 19-84
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Chapter 623 "Special Inspector - Threshold Buildings" , of the
City Code of the City of Cape Canaveral, Florida, is hereby
repealed in its entirety and replaced with the following:
Ordinance No. 2-84
Page 1 of 5
CHAPTER 623
SPECIAL INSPECTOR - THRESHOLD BUILDINGS
Sec. 623.01 Laws of Florida Adopted. Chapter 83-160, Laws of Florida,
Special Threshold Building Inspector, as amended by Senate Bill 399, is
hereby adopted by reference as though it were copied here in full.
Sec. 623.03 Definitions. The following definitions are adopted in
addition to the statute:
(A) Special Inspector shall be a person certified, licensed or registered
under Chapter 471, as an engineer or Chapter 481, as an architect. All such
persons must have dellunstrated and proven capability to inspect structural
components of threshold buildings as defined herein.
(B) Threshold Building means any building which is greater than three
stores or 50 feet in height, or which has an assembly occupancy classification
that exceeds 5,000 square feet in area and an occupant content of greater
than 500 persons.
(C) Structural Components - Structural coronents are as follows:
Compaction of fill, footings, piling, pile caps, grade beams, floor slabs,
bearing walls, columns, tie beams, lintels, reinforcing steel, shoring,
reshoring, roof slabs, roof assembly, stair assembly, all structural elements
depending upon one another for continuity or support, and fire resistive
structural components are included, and any other specific requirement of
Chapter 83-1A, Laws of Florida.
Sec. 623.05 General Provisions. The following general provisions are
adopted in addition to the State Statute:
(A) The Special Inspector shall be retained by the owner of the
Threshold Building and shall be approved by all parties prior
to the construction of any structural components .
(B) Any person, other than the state certified special inspector, who
is sent to the job site as a duly authorized representative of the special
inspector to perform inspections, must meet the requirements
of the Standard Building Code, Section 102.2 and be approved by the Building
Official.
(C). The Special Inspector shall be on the job at ALL times structural
components are being constructed or placed. ALL elements of
structural installation must be observed and approved by the
Special Inspector. «y-__
(D) The special inspector shall possess an insurance policy for Errors
and Omissions with the minimum limits of $500,000 per occurrence and $1,000,000
aggregate. Special inspector shall provide a copy of his certificate of
insurance and specific policies involved to the City Building Official prior
to carmencing performance of his duties and responsibilities. Said insurance
policies shall provide that the City shall be entitled to fifteen (15) days
prior written notice of any changes or cancellation of said policies. Said
policies shall remain in effect for three (3) years from the completion date
on the last project on which the inspector has performed services. In lieu
of said insurance coverage, a surety bond for one million dollars may be
posted by and for the special inspector.
(E) The structural inspection plan prepared by the engineer or architect
record must be approved by the Building Official and must contain at least
the following requirements:
(1) Spot checks, at least daily, of all structural operations and
all operations relating to the structural integrity of the building.
(2) Inspection of all materials and procedures to be used during
any structural operation, done when that operation is courrencing.
(.3) Inspection of any and all structural components ponents before they
are "covered up" .
(F) The shoring and reshoring plans must be approved and sealed by the
engineer of record and submitted to the Building Official prior to the issuance
of the building permit.
(G) Only those plans and specifications carrying the building
department ' s stamp shall be used for inspections . No changes
or deviations from the permitted plans and specifications will
be permitted until the architect or engineer of record has
cleared same through the building department.
(H) The Special Inspector shall submit daily inspections/progress
reports in writing to the City for all time on the job site ,
related to structural inspections .
(I) The City will accept any daily report from the Special Inspector
that provides the following information:
a . Report on company letterhead
b. The date and time of inspection
c. Job name and complete address
d . Detailed report noting any and all changes and/or
corrections '
e . The inspector ' s approval
f . The signature of the Inspector under his/her printed
name
(J) The City will maintain a copy of the daily reports as submitted
by the Special Inspector. These records will be sworn evidence
of the inspector' s findings during his review of the project
work.
(K) The contractor shall schedule a dual inspection, with both the
special inspector and the City Building Inspector, of all structural components
prior to "cover up" or pouring of concrete, etc.
(L) The Special Inspector shall notify the Building Department
immediately when non-compliance is discovered and noted.
(M) The City hereby agrees to convene a meeting with all interested
parties whenever a Stop Work Order is issued. Said meeting shall
be at a reasonable hour, within 24 hours of the Stop Work Order
issuance.
(N) The Special Inspector shall cooperate fully with the Building
Department and its authorized agents in the execution of its
duties and responsibilities .
Sec. 623.07 Penalty. Any person violating any of the provisions of
this Chapter shall be punished as provided in Sec. 801.01.
Section 2
Section 3
-2-
History File Chpt 623 Recd. 6/3/81 Workshop
FILE COPY
CS for SB 399 First Engrossed
1 A bill to be entitled
2 An act relating to building construction;
3 amending s. 553 . 71, F. S . ; providing
4 definitions; amending s . 553 . 77, F. S . ;
5 providing for establishment of a voluntary
6 program to certify building code administrators
7 and inspectors; providing for testing;
8 providing for rules; providing for collection
9 and deposit of fees; authorizing disciplinary
10 actions against certificateholders; providing
11 that certain powers of state and local
12 governments are not limited; providing for
13 issuance of opinions; amending s . 553 . 79, F. S. ;
14 providing for conduct of structural inspections
15 of specified buildings by special inspectors;
16 providing for establishment of qualifications
17 for and a list of special inspectors; requiring
18 certain statements prior to issuance of a
19 certificate of occupancy; specifying
20 responsibilities of building contractors;
21 requiring certain documentation prior to
22 issuance of a building_n_g permit; repealing s.
23 471 .005(8) , F. S. , relating to the definition of
24 threshold building; providing an effective
25 date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1 . Subsection (6) of section 553 . 71, Florida
30 Statutes, is amended, and subsection (7) is added to said
311 section to read:
1
CODING: Words in struck through type are deletions from existing law; words underlined are additions.
CS for SB 399 First Engrossed
1 553 . 71 Definitions . --As used in this part:
2 ( 6) "Threshold building" means any building ee
3 steuetti'e which
4 is greater than three
5 stories or 50 feet in height, or which
6 has an assembly occupancy classification that
7 exceeds 5 , 000 square feet in area and an occupant content of
8 greater then 500 Persons
9
10
11
12
13 (7 ) "Enforcement agency" means the agency of
14 government with authority to make inspections of buildings and
15 to enforce the codes which establish standards for
16 construction, alteration, repair, or demolition of buildings.
17 Section 2 . Subsection (3 ) of section 553 . 77, Florida
18 Statutes, is amended, and subsection (4) is added to said
19 section to read:
20 553 . 77 Specific powers of the board. --
21 (3 ) The board shall conduct a program to certify
22 building code administration personnel and building inspection
23 personnel in this state.
24 ja) Not later than July 1, 1985, the board shall
25 establish a voluntary program to certify persons to administer
26 any building code or to inspect any building on behalf of a
27 state or local government. The board shall certify any person
28 who meets the requirements of this section and any rule
29 adopted under this section.
30 (b) The board may contract with an independent testing
31 agency to develop and administer an examination to determine
2
CODING: Words in struck through type are deletions from existing law; words underlined are additions.
CS for SB 399 First Engrossed
1 the competency of any individual seeking certification.
2 Examinations shall be held at such times and places within the
3 state as the board determines necessary. There shall be an
4 examination for each of the categories of certificates which
5 shall pertain to the type of work covered by the certificate .
6 The examination shall cover knowledge of basic principles of
7 the codes and inspection practices applicable to the category
8 for which a certificate is requested. The examination shall
9 be open book, may consist of multiple-choice, fill-in, true-
10 false, or short-answer questions, and may include or consist
11 of diagrams, plans, or sketches with which the applicant will
12 be required to demonstrate his knowledge and proficiency.
13 (c) The board shall adopt rules providing specific
14 criteria for certification. Such criteria shall include
15 provisions for building, plumbing, electrical, mechanical,
16 gas, and any other specialty certification the board deems
17 appropriate.
18 (d) The board may fix and collect the following fees:
19 1 . An examination fee which shall not exceed $150 .
20 2 . A reexamination fee which shall not exceed $150.
21 3 . An initial biennial certification fee which shall
22 not exceed $100.
23 4. A biennial certification renewal fee which shall
24 not exceed $25.
25 (e) Fees collected under the provisions of this
26 section shall be deposited in the Building Inspector
27 Certification Trust Fund which is hereby created to be used to
28 administer the certification program.
29 (f) The board may revoke or suspend the certificate of
30 any person who violates any provision of any rule adopted by
31 the board pursuant to this section. Certificates issued under
3
CODING: Words in struck through type are deletions from existing low; words underlined ore additions.
CS for SB 399 First Engrossed
1 the provisions of this section shall expire 2 years from the
2 date of issuance .
3 (g) Nothing in this section shall limit the power of a
4 municipality, city, county, special district, or state agency
5 to regulate the quality and character of work performed by
6 inspection personnel or to require additional standards of
7 competency and proficiency of such personnel, nor shall
8 anything in this section be construed to require any
9 municipality to participate in the certification program
10 conducted by the board, nor shall anything in this section be
11 construed to waive additional requirements imposed by a local
12 government or state agency having jurisdiction in such
13 matters .
14 (4) Upon written application by a private party or
15 enforcement agency the board may issue binding opinions
16 relating to the interpretation of ss. 553 . 71(6) and
17 553 . 79(5) (a) and (c) , (6) (a) , (b) , (d) , and Le) , and (7) (a)
18 and (c) . Such opinions shall be rendered in the same manner
19 provided in s. 120.565, relating to declaratory statements .
20 Section 3 . Subsections (5) , (6) , (7) , and (8) of
21 section 553 . 79, Florida Statutes, are amended to read:
22 553 . 79 Application. --
23 (5) (a) The enforcing agency shall require a special
24 inspector to perform structural inspections on threshold
25 buildings pursuant to a structural inspection plan prepared by
26 the engineer or architect of record. The structural
27 inspection plan must be submitted to the enforcing agency
28 prior to the issuance of a building permit for construction of
29 any threshold building. The purpose of the structural
30 inspection plan is to provide specific inspection procedures
31 and schedules such that -che building can be adecxuately
4
CODING: Words in struck through type are deletions from existing law; words underlined are additions.
CS for SB 399 First Engrossed
1 inspected for compliance with the permitted documents . The
2 special inspector shall inspect shoring and reshoring for
3 conformance with the shoring and reshoring plans submitted to
4 the enforcing agency.
5
6
7
8
9 (b) The fee owner of a threshold building shall pay
10 all costs of employing a special inspector, but the special
11 inspector shall be responsible to the enforcement agency. The
12 inspector shall be a person certified, licensed, or registered
13 under
14 chapter 471 as
15 an engineer or chapter 481 as an architect
16
17
18 (c) The board shall, by rule, establish a
19 qualification program for special inspectors, and shall
20 compile a list of persons qualified to be special inspectors.
21 The architect or engineer of record may act as the special
22 inspector, provided that he is on the list of persons
23 qualified to be a special inspector. School boards may
24 utilize employees as special inspectors, provided they are on
25 the list of persons qualified to be a special inspector. The
26
27
28
29 (d) The licensed architect or registered engineer
30 serving as the special inspector shall be permitted to send
31 his duly authorized representative to the job site to perform
5
CODING: Words in struck through type are deletions from existing law; words underlined ore additions.
CS for SB 399 First Engrossed
1 the necessary inspections provided that all required written
2 reports shall be prepared by and bear the seal of the special
3 inspector and that such written reports shall be submitted to
4 the enforcement agency.
5 ( 6) No permit may be issued for any building
6 construction, erection, alteration, repair, or addition
'7 preeet unless the applicant for such permit provides to the
8 enforcing agency which issues the permit any of the following
9 documents which apply to the construction for which the permit
10 was issued
11 (a) Electrical documents for
12 any new building or addition which requires an
13 aggregate service capacity of 600 er less amperes (240 volts)
14 or more on a residential electrical system or 800 amperes (240
15 volts) or more on a commercial or industrial electrical system
16 and which costs more than $50, 000.
17
18
19 (b) Plumbing documents for-
20 any new building or addition which requires a
21 plumbing system with more than 250 fixture units or which
22 costs more than $50, 000.
23
24
25 (c) Fire sprinkler documents for any new building or
26 addition which includes a fire sprinkler system which contains
27 50 or more sprinkler heads
28 (d) Heating, ventilation, and air-conditioning
29 documents for
30 any new building or addition which requires more
31 than a 15-ton-per-system capacity, which is designed to
6
CODING: Words in struck through type are deletions from existing law; words underlined are additions.
CS for SB 399 First Engrossed
1 accommodate 100 or more persons, or for which the system costs
2 more than $50,000.
3
4 This
5 paragraph does not include any document for the replacement or
6 repair of an existing system in which the work does not
7 require altering a structural part of the building or for work
8 on a residential one-family, two-family, three-family, or
9 four-family structure.
10 (e) Any specialized mechanical, electrical, or
11 plumbing document for any new building or addition which
12 includes a medical gas, oxygen, steam, vacuum, toxic air
13 filtration, halon, or fire detection and alarm
14 system which costs more than $5,000.
15
16 No such document shall be valid unless a professional engineer
17 who possesses a valid certificate of registration has signed,
18 dated, and stamped such document as provided in s. 471 . 025.
19 (7) Each enforcement agency shall require that,
20 on every threshold building:
21 (a) The special inspector, upon completion of
22 the building and prior to the issuance of a certificate of
23 occupancy, file a signed and sealed statement with
24 the enforcement agency, in substantially the following
25 form: To the best of my knowledge and belief, the above
26 described construction of all structural load-bearing
27 components complies with the permitted documents, and the
28 shoring and reshoring conforms with the shoring and reshoring
29 plans submitted to the enforcing agency.
30
31
7
CODING: Words in struck through type are deletions from existing law; words underlined ore additions.
CS for SB 399 First Engrossed
1
2
3 (b) Any proposal to install an alternate structural
4 product or system to which building codes apply, shall
5 be
6 submitted to the enforcement agency for review for
7 compliance with the codes and made part of the
8 enforcement agency' s recorded set of permit documents.
9 (c ) All shoring and reshoring procedures, plans, and
10 details be submitted to the enforcement agency for
11 recordkeeping. Each shoring and reshoring installation shall
12 be supervised, inspected, and certified to be in compliance
13 with the shoring documents by the contractor.
14
15
16
17 •
18
19
20
21
22 (d) All plans for threshold buildings
23 required to be signed and sealed by the an architect
24 or engineer of record shall
25 contain a statement that, to the best of the
26 architect' s or engineer' s knowledge, the plans and
27 specifications comply with the applicable minimum building
28 codes.
29 (8) No enforcing agency may issue a building
30 permit for construction of any threshold building except to a
31 licensed general contractor as defined in s. 489 . 105(3 ) (a) or
8
CODING: Words in struck through type are deletions from existing law; words underlined ore additions.
CS for SB 399 First Engrossed
1 a licensed building contractor, within the scope of his
2 practice, as defined in s. 489 . 105 (3) (b) . The named
3 contractor to whom the building permit is issued shall have
4 the responsibility to supervise, direct, manage, and control
5 construction activities on the project for which the building
6 permit is issued
7 .
8 Section 4. Section 471 . 005(8) , Florida Statutes, is
9 hereby repealed.
10 Section 5 . This act shall take effect upon becoming a
11 law, except that the amendments to s. 553 . 79(5) (b) and (c) ,
12 Florida Statutes, contained in this act shall take effect on
13 October 1, 1984.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
9
CODING: Words in struck through type are deletions from existing law; words underlined ore additions.
ORDINANCE NO. 27-83
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,
AMENDING THE CITY CODE BY ESTABLISHING A NEW CHAPTER
TO BE ENTITLED "CHAPTER 620 SPECIAL INSPECTOR FOR
THRESHOLD BUILDINGS" ; BY DEFINING THRESHOLD BUILDINGS
AND PROVIDING GUIDELINES FOR THE QUALIFICATIONS OF THE
SPECIAL INSPECTOR; ADOPTING FLORIDA CHAPTER 83-160 OF
THE LAWS OF FLORIDA; REPEALING ALL PORTIONS OF THE CODE
IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
Joe - do you want to mention that we had to change Chapter # to 623?
History File
ORDINANCE NO. 27-83
AN ORDINANCE OF THE CITY OF CAPE CANtVERAL,
FLORIDA AMENDING THE CITY CODE BY ESTABLISHING
A NEW CHAPTER TO BE ENTITLED "CHAPTER 623
SPECIAL INSPECTOR FOR THRESHOLD BUILDINGS" ;
BY DEFINING THRESHOLD BUILDINGS AND PROVIDING
GUIDELINES FOR THE QUALIFICATIONS OF THE
SPECIAL INSPECTOR; ADOPTING FLORIDA CHAPTER
83-160 OF THE LAWS OF FLORIDA; REPEALING ALL
PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE .
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows :
SECTION 1 . The City Code of the City of Cape Canaveral is
hereby amended by adding thereto a new chapter to be numbered
Chapter 623, entitled "Special Inspector-Threshold Buildings" ,
which new chapter shall read as follows:
CHAPTER 623
SPECIAL INSPECTOR-THRESHOLD BUILDINGS
Sec . 623.01 Laws of Florida Adopted. Chapter 83-160, Laws of Florida, Special
Threshold Building Inspector, is hereby adopted by reference
as though it were copied here in full . [Ord. No. 27-83, §1, 17 Jan 84]
Sec . 623 .02 Definitions. The following definitions are adopted
in addition to the statute:
(A) Special Inspector shall be a person
certified, licensed, or registered under the Building
Officials Association of Florida; the Southern
Building Code Congress International; Chapter 471,
as an engineer; Chapter 481, as an architect; or
the Council of American Building Officials . All
such persons must have demonstrated and proven
capability to inspect structural components of
threshold buildings as defined herein.
(B) Threshold Building means any
building or structure which:
(1) has a total floor area exceeding 25, 000
square feet, or
(26) is greater than 2 stories or 25 feet in height,
or
(3) has an assembly occupancy greater than 5,000
square feet, or
(4) is of unusual design or construction as
determined by ,the Building Official .
(5) Exception: Residential structures 3 stories or
less in height and any building defined in S .481-
203 (7) or S .481 .229, F.S . (agricultural buildings
on farms; single family dwellings and duplexes;
and buildings costing less than $25, 000 except
schools, auditoriums and other public use buildings) .
Ordinance No. 27-83
Page 1 Of 3
(C) General Contractor:
is specifically defined in Section 489 , F. S .
and cannot be construed to include building
contractors .
(D)*Fabrication Defined as pertaining to those
fully assembled components which constitute
designed structural integrity as shown by
engineering specifications (i .e . , piling place-
ment, ready to pour beams-columns, slabs, shoring,
etc . [Ord. No. 27-83, §1, 17 Jan 84]
Sec . 623 .03 General Provisions. The following general provisions are
adopted in addition to the State Statute:
A) The building owner shall negotiate for and
pay the salary of any required special inspector.
The salary for the special inspector will
be certified as paid, by letter, to the
Building Department. The letter shall be
submitted at the end of each two (2) week
period and shall include the name, location,
permit number, hours and dates worked and
amount paid.
B) Any special inspector shall be qualified by,
and acceptable to, the City' s Building
Official.
C) There must be an Errors and Omissions Bond
for one million dollars posted by and for the
special inspector, to the City of Cape
Canaveral.
D) The special inspector will notify the Building
Official in order that a dual inspection can be
made of all structural components prior to
"cover up" or pouring of concrete, etc .
E) The project engineer will sign a suitable form,
addressed to the Building Official, which
indicates he has inspected prior to the dual
inspection and states that "the plans have been
complied with" for whatever stage of construct-
ion is occurring, facts and signature attested
to by special inspector.
F) The building plans for threshold buildings
must bear the notation "these plans comply
with minimum building codes" , and in addition,
an owner' s certificate prepared by an 'engineer
or architect must state the "construction
complies with applicable codes and the intent
and design specified in permitted documents" .
G) The project engineer and general contractor
shall certify on a suitable form addressed
to the Building Official, that all shoring
and reshoring meets the sealed engineer
design prior to pouring any concrete .
[Ord. No. 27-83, §1, 17 Jan 84]
Sec. 623 . 09 Penalty. Any person violating any
of the provisions of this chapter shall be punished as
provided in Section 801.01,. [Ord. No 27-83, §1, 17 Jan 84]
SECTION 2 . All portions of the code in conflict herewith
are hereby repealed.
*Amended on Second Reading
Ordinance No. 27-83
Page 2 of 3
SECTION 3 . This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 17 day of January , 1984 .
[Mayor's signature]
Mayor
Attest:
[City Clerk's signature & seal]
City Clerk
Approved as to Form:
[City Attorney's signature]
City Attorney
PERMISSION TO ADVERTISE: 12-6-83
First Reading: 12-20-83
Posted: 12-7-83
Advertised: 12-12-83
Second Reading: 1-17-84
NAME YES NO
CALVERT X
FISCHETTI X
NICHOLAS X
RUTHERFORD X
WINCHESTER X
Ordinance No. 27-83
Page 3 of 3
ORDINANCE NO. 6-84
AN ORDINANCE AMENDING CHAPTER 623 , "SPECIAL
INSPECTOR - THRESHOLD BUILDINGS" , OF THE
CITY CODE OF THE CITY OF CAPE CANANVERAL,
FLORIDA, BY CLARIFYING SEC. 623. 03 (c) ,
INSURANCE, REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
History File Chapter 623
F.S. 1988 BUILDING CONSTRUCTION STANDARDS Ch. 553
(4) Each appointed member is accountable to the
Governor for the proper performance of the duties of
his office. The Governor shall cause to be investigat-
ed any complaint or unfavorable report received con-
cerning an action of the board or any member and
shall take appropriate action thereon. The Governor
may remove from office any appointed member for
malfeasance, misfeasance, neglect of duty, incompe-
tence, permanent inability to perform official duties,
or pleading guilty or nolo contegdere to, or being
found guilty of, a felony.
History.--s. 5, ch. 74-167; s. 2, ch. 77-365; s. 4, ch. 78-323; ss. 1, 2, ch. 80-231;
ss. 1, 3, 4, ch. 81.7; ss. 1, 4, ch. 83-46; s. 2, ch. 83-265.
Citation #1 Note.--Repealed effective October 1, 1991, by s. 1, ch. 82-46, as amended by
s. 2, ch. 83-265, and scheduled for review pursuant to s. 11-611 in advance of that date.
[Citation #1]553.75 Organization of board; rules and
regulations; meetings; staff; fiscal affairs.--
(1) Within 30 days after its appointment, the
board shall meet on call of the secretary. The board
shall at this time, and thereafter annually, elect from
its appointive members a chairman and such officers
as it may choose.
(2) The board shall meet at the call of its chair-
man, at the request of a majority of its membership,
at the request of the department, or at such times as
may be prescribed by its rules. The members shall be
notified in writing of the time and place of a regular
or special meeting at least 7 days in advance of the
meeting. A majority of members of the board shall
constitute a quorum.
(3) The department shall be responsible for the
provision of administrative and staff-support services
relating to the functions of the board. With respect to
matters within the jurisdiction of the board, the de-
partment shall be responsible for the implementation
and faithful discharge of all decisions of the board
made pursuant to its authority under the provisions
of this part.
History.--s. 6, ch. 74-167; s. 4, ch. 78-323; ss. 2, 3, 4, ch. 81-7; ss. 1, 2, ch.
82-46; s. 2, ch. 83-265.
Citation #1 Note.--Repealed effective October 1, 1991, by s. 1, ch. 82-46, as amended by
s. 2, ch. 83-265, and scheduled for review pursuant to s. 11-611 in advance of that date.
[Citation #1] 553.76 General Power of the board.-- The
board is authorized to:
(1) Promulgate, in cooperation with the depart-
ment, rules and regulations for the administration of
this part, pursuant to chapter 120.
(2) Provide rules of procedure for its internal
management and control.
(3) Enter into contracts and do such things as
may be necessary and incidential to the discharge of
its responsibilities under this part.
History.--s. 7, ch. 74-167; s. 4, ch. 78-323; ss. 3, 4, ch. 81-7; ss. 1, 4, ch. 82-46;
s. 2, ch.83-265.
Citation #1 Note.--Repealed effective October 1, 1991, by s. 1, ch. 82-46, as amended by
s. 2, ch. 83-265, and scheduled for review pursuant to s. 11-611 in advance of that date.
[Citation #1]553.77 Specific Powers of the board.--
(1) The board shall:
(a) Adopt rules and regulations or amendments
thereto in accordance with the procedures prescribed
in chapter 120.
(b) Make a continual study of the operation of
the State Minimum Building Codes and other laws
relating to the construction of buildings, including
manufactured buildings, to ascertain their effect
upon the cost of building construction and determine
the effectiveness of their provisions.
(c) Upon written application by a private party or
a local enforcement agency, issue advisory opinions
relating to new technologies, techniques, and materi-
als which have been tested where necessary and
found to meet the objetives of the State Minimum
Building Codes and the Florida Manufactured Build-
ing Act of 1979.
(d) Upon written application by a private party
or a local enforcement agency, issue advisory opin-
ions relating to the interpretation, enforcement, ad-
ministration, or modification by local governments of
the State Minimum Building Codes and the Florida
Manufactured Building Act of 1979.
(2) Upon written application by a private party
or a local enforcement agency, the board may also:
(a) Provide for the testing of materials, devices,
and method of construction.
(b) Appoint experts, consultants, technical advis-
ers, and advisory committees for assistance and rec-
ommendations relating to the State Minimum Build-
ing Codes.
(3) The board shall conduct a program to certify
building code administation personnel and building
inspection personnel in this state.
History.--s. 8, ch. 74-167; s. 4, ch. 75-85; s. 4, ch. 75-111; s. 3, ch. 77-365; s.
4, ch. 78-323; ss. 5, 8, ch. 79-152; ss. 3, 4, ch. 81-7; ss. 1, 4, ch. 82-46; s. 9, ch.
83-160; s. 2, ch. 83-265.
Citation #1 Note.--Repealed effective October 1, 1991, by s. 1, ch. 82-46, as amended by
s. 2, ch. 83-265, and scheduled for review pursuant to s. 11-611 in advance of that date.
553.79 Application.--
(1) After the effective date of the State Minimum
Building Codes adopted as herein provided, it shall
be unlawful for any person, firm or corporation to
construct, erect, alter, repair, or demolish any build-
ing within this state without first obtaining a permit
therefor from the appropriate enforcing agency or
from such persons as may, by appropriate resolution
or regulation of the enforcing agency, be delegated
authority to issue such permits, upon the payment of
such reasonable fees adopted by the enforcing agen-
cy. The enforcing agency is empowered to revoke any
such permit upon a determination by the agnecy that
the construction, erection, atleration, repair, or de-
molition of the building for which the permit was is-
sued is in violation of, or not in conformirt with, the
provisions of the State Minimum Building Codes.
(2) After the effective date of the State Minimum
Building Codes adopted as herein provided, no en-
forcing agenct may issue any permit fro construction,
erection, alteration, repair, or demolition unless it is
determined to be in compliance with the State Mini-
mum Building Codes. The enforcing agency shall is-
sue a permit to construct, erect, alter, repair, or de-
molish any building when the plans and specifica-
tions for such proprsal comply with the provisions of
the State Minimum Building Codes.
(3) The State Minimum Building Codes, after the
effective state of their adoption pursuant to the pro-
visions of this part, shall supersede all otehr building
construction codes or ordinances in the state, wheth-
er at the local or state level, and whether adopted by
administrative regulation or by legislative enactment,
Page 1659
Ch. 553 BUILDING CONSTRUCTION STANDARDS F.S. 1983
unless such building construction codes or ordinances square feet in area and which is designed for public
are more stringent than the State Minimum Building assembly.
Codes and the conditions of s. 553.73(3) are met.
However, this subsection does not apply to mobile This paragraph does not include any document for
homes as defined by chapter 320. Nothing contained the replacement or repair of an existing system in
in this subsection shall be construed as nullifying or which the work does not require altering a structural
divesting appropriate state or local agencies of au part of the building or for work on a residential
thority to make inspections or to enforce the codes one-family, two-family, three-family, or four-family
within their respective areas of jurisdiction. structure.
(4) The State Minimum Building Codes,after the (e) Any specialized mechanical, electrical, or
effective date of their adoption pursuant to the pro- plumbing document for any new building or addition
visions of this part,may be modified by local govern- which includes a medical gas,oxygen,steam,vacuum,
ments to require more stringent standards than those toxic air filtration, halon, fire alarm,or security and
specified in the State Minimum Building Codes,pro- security alarm system which costs more than$5,000.
vided the conditions of s. 553.73(3) are met.
(5)(a) The enforcing agency shall require a spe- No such document shall be valid unless a profession-
cial inspector to inspect all structural components of al engineer who possesses a valid certificate of regis-
a threshold building which are related to the public tration has signed, dated, and stamped such docu-
health,safety,or welfare.The inspector shall be pres- ment as provided in s. 471.025.
ent during any time when such components of such (7) Each local enforcement agency shall require
building are being constructed. that,on every threshold building:
(b) The inspector shall be a person certified, li- (a) The owner, upon completion of the building,
censed,or registered under the Building Officials As- file a certificate with the local enforcement agency,
sociation of Florida, the Southern Building Code prepared by an architect or engineer,certifying that,
Congress International, chapter 471 as an engineer, to the best of the architect's or engineer's knowledge,
chapter 481 as an architect,the Council of American the construction complies with the applicable codes
Building Officials, or the building inspection certifi- and the intent and design specified in the permit
cation program of Broward County or Dade County. documents.
(c) The owner of a threshold building shall pay (b) Any proposal to install an alternate product
all costs of employing a special inspector.The enforc- or system to which building codes apply,which prod-
ing agency shall determine the amount,method,and uct or system is installed after October 1, 1983, be
procedure for paying such costs. submitted to the local enforcement agency for review
(6) No permit may be issued for any building for compliance with the codes and made part of the
construction, erection, alteration, repair, or addition local enforcement agency's recorded set of permit
project unless the applicant for such permit provides documents.
to the enforcing agency which issues the permit any (c) All shoring and reshoring procedures, plans,
of the following documents which apply to the proj- and details prepared after October 1, 1983, be pre-
ect: pared by and sealed by an engineer registered in this
(a) Electrical documents for. state; a signed and sealed copy of all shoring docu-
1. Any new building or addition which requires ments prepared after October 1, 1983, be submitted
an aggregate service capacity of 600 'or less amperes to the architect and structural engineer and the local
(240 volts) or more on a residential electrical system enforcement agency; and each shoring and reshoring
or 800 amperes (240 volts) or more on a commercial installation performed after October 1, 1983, be su-
or industrial electrical system and which costs more pervised,inspected,and certified to be in compliance
than$50,000;or with the shoring documents by the general contrac-
2. Any structure which is greater than 5,000 tor.
square feet in area and which is designed for public (d) All plans for a building or structure required
assembly. to be signed and sealed by an architect or engineer,
(b) Plumbing documents for: which plans are prepared after October 1, 1983,con-
1. Any new building or addition which requires a tain a statement that,to the best of the architect's or
plumbing system with more than 250 fixture units or engineer's knowledge, the plans and specifications
which costs more than$50,000;or comply with the applicable minimum building codes.
2. Any structure which is greater than 5,000 (8) No enforcing agency may issue a primary
square feet in area and which is designed for public building permit for construction of any threshold
assembly. building except to a licensed general contractor.The
(c) Fire sprinkler documents for any new building named contractor to whom the building permit is is-
or addition which includes a fire sprinkler system sued shall be held responsible for the entire project
which costs more than $5,000. by the enforcing agency.
History.—s.10,ch.74-167.s.4,ch.77-365.s.10,ch.83-160;s.1,ch.83-352.
(d) Heating, ventilation, and air conditioning Note.—The words"or less,"enacted by s.10,ch.83-160,appear to the edi-
tore to be an error;compare s.471.003,as amended b s.3,ch.83-160.
documents for: y
1. Any new building or addition which requires
more than a 15-ton-per-system capacity,which is de- 553.80 Enforcement.—.
signed to accommodate 100 or more persons, or for (1) It shall be the responsibility of each local gov-
which the system costs more than $50,000;or ernment, each legally constituted enforcement dis-
2. Any structure which is greater than 5,000 trict, and each state agency with statutory authority
1660
F.S. 1983 BUILDING CONSTRUCTION STANDARDS Ch. 553
to regulate building construction to enforce the ing any other remedies available,any person or party,
building code adopted by such body in accordance in an individual capacity or on behalf of a class of
with s. 553.73. The governing bodies of local govern- persons or parties,damaged as a result of a violation
ments may provide a schedule of fees for the enforce- of this part or the State Minimum Building Codes,
ment of the provisions of this part.The authority of has a cause of action in any court of competent juris-
state enforcing agencies to set fees for enforcement diction against the person or party who committed
shall be derived from authority existing on the effec- the violation.
tive date of this act. However, nothing contained in History.—e.15,ch.74-167.
this subsection shall operate to limit such agencies
from adjusting their fee schedule in conformance 553.85 Liquefied petroleum gases.—The pro-
with existing authority, visions of the State Minimum Building Codes and
(2) Except for charter counties, any two or more the rules and regulations adopted thereunder for the
counties or municipalities,or any combination there- design, construction, location, installation, services,
of,may,in accordance with the provisions of chapter and operation of equipment for storing, handling,
163, governing interlocal agreements, form an en- transporting, and utilization of liquefied petroleum
forcement district for the purpose of adopting, en- gases shall not be in conflict with chapter 527.
forcing,and administering the provisions of the State History.—s.16,ch.74-167.
Minimum Building Codes. Each district so formed
shall be registered with the department on forms to 553.851 Protection of underground gas pipe-
be provided for that purpose. lines.—
(3) Each enforcement district shall be governed (1) DEFINITIONS.—As used in this section:
by a board,the composition of which shall be deter- (a) "Person" means any individual, firm, joint
mined by the affected localities. At its own option venture, partnership, corporation, association, au-
each enforcement district or local enforcement agen- thority, municipality, governmental unit,joint stock
cy may promulgate rules granting to the owner of a association,or business trust,whether or not incorpo-
smgle-family residence one or more exemptions from rated,and includes any trustee,receiver,assignee,or
the State Minimum Building Codes relating to: personal representative thereof.
(a) Addition, alteration, or repairs performed by (b) "Gas pipeline"means an underground facility
the property owner upon his own property,provided and related facilities,including pipes, valves, regula-
any addition or alteration shall not exceed 1,000 tors vaults,and attachments,by which hydrocaibons
square feet or the square footage of the primary in ,liquid or gaseous form are transmitted or fur-
structure,whichever is less. nished.This definition shall not includegas pipelines
(b)hi Addition,alteration,or repairs by a nonowner transporting liquefied petroleum gas he pthose
within a specific cost limitation set by rule,provided pipelines are not regulated pursuant to s. 527.06(4),
the total cost shall not exceed $5,000 within any and the regulation of liquefied petroleum gas pipe-
12-month period. lines, including the provisions of this law, shall con-
(c) Building and inspection fees. tinue to be under the jurisdiction of the Department
Each code exemption, as defined in paragraphs (a), of Insurance.
(b), and (c), shall be certified to the local board 10 (c) "Excavation"
means an operation in which
days prior to implementation and shall only be effec- any structure, earth, rock, or other mass of material
tive in the territorial jurisdiction of the enforcement in or on the ground is moved, removed, or otherwise
district or local enforcement agency implementing it. displaced by means of any tool,equipment,or explo-
(4) When an enforcement district has been sive and includes, without limitation, wrecking, raz-
formed as provided herein,upon its registration with ing,grading,trenching,digging,ditching,drilling,au-
the department,it shall have the same authority with gering, tunnelling, scraping, cable or pipe plowing,
respect to building codes as provided by this part for and pile driving,except maintenance activities to re-
local governing bodies. store road rights-of-way to original template. .
History.—s.11,ch.74-167;s.3,ch.75.111;e.5,ch.77-365. (d) "Excavator"means any person performing an
excavation.
553.83 Injunctive relief.—Any code enforcing (e) "Owner" means any person operating a gas
agency may seek injunctive relief from any court of pipeline.
competent jurisdiction to enjoin the offering for sale, (f) "Damage"means any contact with a gas pipe-
delivery, use, occupancy, erection, alteration, or in- line during excavation which necessitates the owner
stallation of any building covered by this part, upon to repair the gas pipeline or the excavator, pursuant
an affidavit of the code enforcing agency specifying to authorization by the owner,to repair the gas pipe-
the manner in which the building does not conform line, subject to supervision and inspection by the
to the requirements of the portion of the State Mini- owner.
mum Building Codes adopted in that jurisdiction. (g) "Mark"means to indicate the horizontal loca-
Noncompliance with a building code promulgated tion of a gas pipeline within 12 inches on either side
under this part shall be considered prima facie evi- of the gas pipeline by stakes,paint,or other suitable
dence of irreparable damage in any cause of action means generally accepted within the gas pipeline and
brought under authority of this part. construction industry.Upon request by the excavator
History.—s.14,ch.74-167;s.5,ch.77-365. for depth locations in specific areas,depth within 18
inches vertically on either side of the gas pipeline
553.84 Statutory civil action.—Notwithstand- shall be indicated.
1661
History File Chapter 623
City of Cape Canaveral
105 POLK AVENUE • CAPE CANAVERAL, FLORIDA 32920
P.O.BOX 326
TELEPHONE 305 783.1100
January 3 , 1984
MEMORANDUM
TO: Mayor and Council
FROM: City Manager
RE: ORDINANCE NO. 27-83
The Acting Building Official has requested that Ordinance No. 27-83 ,
regarding Special Inspectors for Threshold Buildings , be amended
prior to final passage. Mr. Keller feels that the word "fabrication"
needs to be made clearer and has proposed a definition to be in-
cluded in the Ordinance.
A copy of the proposed addition is attached for your review.
[City Manager's signature]
Frederick C. Nutt
City Manager
FCN:jl
Enclosure
FORM NO. XR3 SENDER FOLD ON [left arrow]
2 WAY REPLY MESSAGE Laurel Office Aids Div., V.W. Eimicke Assoc., Inc., Bronxville, NY 10708 REPLIER FOLD ON
CITY OF CAPE CANAVERAL
105 POLK AVENUE
CAPE CANAVERAL, FL32920
(305) 783-1100
DATE December 29, 1983
SUBJECT Ord. No. 27-83 (Special Inspector-Threshold Bldg.)
TO City Manager
FROM Acting Building Official
MESSAGE
The following paragraph needs to be added to the above referenced ordinance:
Fabrication: Defined as pertaining to those fully assembled components which
constitute designed structural integrity as shown by engineering specifications
(i.e., piling placement, ready to pour beams-columns, slabs, shoring, etc.).
SIGNED Harry L. Keller [signature]
REPLY
SIGNED DATE
SEND WHITE AND PINK COPIES WITH CARBON INTACT, PINK COPY IS RETURNED WITH REPLY.
General Contractor_ The term "General Contractor"
is specifically defined in Section 489 , F.S .
and cannot be construed to include building
contractors .
Sec . 623 .03 The following general provisions are
adopted in addition to the State Statute:
A) The building owner shall negotiate for and
pay the salary of any required special inspector .
The salary for the special inspector will
be certified as paid, by letter, to the
Building Department. The letter shall be
submitted at the end of each two (2) week
period and shall include the name, location,
permit number, hours and dates worked and
amount paid.
B) Any special inspector shall be qualified by,
and acceptable to, the City's Building
Official .
C) There must be an Errors and Omissions Bond
for one million dollars posted by and for the
special inspector, to the City of Cape
Canaveral.
D) The special inspector will notify the Building
Official in order that a dual inspection can be
made of all structural components prior to
"cover up" or pouring of concrete, etc_
E) The project engineer will sign a suitable form,
addressed to the Building Official, which
indicates- he has inspected prior to the dual inspection
and states that "the plans have been complied with"
for whatever. stage of construction is occurring,
facts and signature attested to by special inspector.
•
F) The building plans for threshold buildings
must.bear the notation "these plans comply
with minimum building codes", and in addition,
an owner's certificate prepared by an engineer
or architect must state the "construction
complies with applicable codes. and the intent
and design specified in permitted documents" .
G) The project engineer and general contractor
shall certify- on a suitable form addressed.
to the Building Official, that all shoring
and reshoring meets the sealed engineer
design prior to pouring any concrete.
[right arrow with an H]
Sec. 623 .09 Penalty. Any person violating any
of the provisions of this chapter shall be punished as
provided in Section 801.01 of the City Code of the City
of Cape Canaveral, Florida.
SECTION 2 . All portions of the code in conflict herewith
are hereby repealed .
Ordinance No. 27-83
Page 2 of 3
Bldg [illegible] Incoming [signature[
History File Chapter 623
STATE OF FLORIDA
DEPARTMENT OF
COMMUNITY AFFAIRS
DIVISION OF LOCAL RESOURCE MANAGEMENT
DIVISION
BOB GRAHAM
Governor
Secretary
John M. DeGrove MEMORANDUM James F. Murley Director
TO: Local Enforcement Officials [sticky note that says Threshold Inspector History File]
FROM: Jack Haslam '.:•
DATE: September- 22, 1981
SUBJECT: Chapter 83-160, Laws of Florida (CS/SB 556-Senator Vogt
As you are no doubt aware, the above referenced law was
passed by the 1983 Florida Legislature and is scheduled for imple-
mentation on October 1, 1983. In response to the many questions
received regarding how the law should be interpreted, the
following guidelines have been prepared by the DCA in conjunction
with the Florida Board of Building Codes and Standards, for you to
use as you see fit.
Please be aware that these are<advisory recommendations only
and are intended only as a guide to provide assistance to local
governments in implementing this new law. The opinions set forth
herein are based upon discussions with the Construction Industry
Study Committee members, Legislators, members of the FCILB, Board
of Architects and Board of Engineers, and the Board of Building
Codes and Standards and represents the consensus regarding the
intent of this new law.
Question: Subsection 125.56(2), F.S. was amended to authorize
counties to provide a schedule of reasonable inspection
fees. What constitutes "reasonable"?
Response: The old law restricted counties from charging more than
0.2 percent of the total construction cost for inspec-
tions. Now they may charge whatever is needed to OK
defray the costs of inspection and enforcement.
Question: Subsections 471 .005(8) and 553.71 (6) have been created to
define threshold buildings. Must threshold buildings
meet all of the criteria listed?
Response: No. The definitions should be interpreted as follows:
BUREAU OF HOUSING AND COMMUNITY DEVELOPMENT
2571 EXECUTIVE CENTER CIRCLE, EAST • TALLAHASSEE, FLORIDA 32301 (904) 45S-1536 [illegible]
"Threshold building" means any building or structure
which:
a) has a total floor area exceeding 25,000 square
feet, or
b) is greater than 2 stories or 25 feet in height,
or
c) has an assembly occupancy greater than 5,000 sq.
feet, or
d) is, of unusual design or construction as deter-
mined by the building official.
Exception: Residential structures 3 stories or less
in height and any building defined in S.481-203(7)
or S.481.229, F.S. (agricultural buildings on farms;.
single family dwellings and duplexes; and buildings
costing less than $25,000 except schools, auditoriums
and other public use- buildings.)
PUT IN ORD.(half circle enclosing the above text]
Question: What about structures not intended for human occupancy
such as radio or telephone transmission towers, anten-
nas, signs, etc.? Are they threshold structures?
Response: Yes, if they meet any of the criteria. set forth for
threshold buildings.
Question: How should alterations or additions to existing
buildings be treated?
Response: If the alteration or addition, by itself, meets any of
the criteria for a threshold building, then it is sub-
ject to the provision of the new law, regardless of the
size or cost of the existing building.
Question: Does subsection 553.79(8) extend the limits of respon-
sibility for general contractors who pull permits for
threshold buildings?
OK AS WE ARE Response: No. The intent of this provision was to prevent unli
censed construction managers on large projects from
securing permits for the building. By requiring that
they be certified or registered general contractors
before they can secure a permit, they can be brought into
the chain of responsibility and discipline. It was not
the intent to make general contractors responsible
for more than what they have traditionally been held
responsible.
In interpreting this law, general contractors should
not be held responsible for architectural or engi-
neering design. They are, however, responsible for the
construction of the building or structure in accordance
2
[illegible]
with the approved plans and specifications for that
construction covered by the building permit.
Question: Subsection 553.79(6)(a) relating to electrical docu-
ments is confusing. What is this subsection trying to
say?
Response: This subsection contains a typographical error and
should read as follows:
(a) "Electrical documents for any- new building or addi-
tion which requires an aggregate service capacity of
600 amps (240 volts) or more on residential electrical
systems or 800 amps. (240 volts) or more on commercial
or industrial electrical systems...."
Question: Subsection 553.79(7)(d) requires a statement that the
plans and specifications comply with_ the applicable
minimum building codes. What constitutes "applicable
minimum building codes"?
Response: Applicable minimum building codes should be interpreted
to mean the minimum building code including local
amendments adopted by the jurisdiction having control
over the construction site.
Question: Does subsection 553.79(8) mean that class "B" building
contractors can't build threshold buildings?
Response: Yes. It was not the intent to restrict the scope of
work of building contractors but rather to insure that
permits are issued to licensed contractors only.
Unfortunately, the language in the law is specific in
referring to general contractors. The term "General
Contractor" is specifically defined in Section 489,
F.S. and cannot be construed to include building
contractors.
Question: Subsection 553.79(8) says that the contractor- shall be
held responsible for the entire project. What consti-
tutes the entire project?
Response: On large projects several permits may be issued to a
number of general contractors for site preparation,
road construction, building construction, etc.
Therefore, the words "entire project" should be
construed to mean all of the work covered by the permit
issued to that contractor.
Question: Suppose I have an application for a permit for a
building which meets the criteria for a threshold
building before October 1 , but the permit will not be
issued until after October 1 . How should this be
handled?
3 [illegible]
Response: A building doesn't become a threshold building until it
has been permitted as such_ It is recommended that
threshold building permits be issued only for those
applications received on or after October 1, 1983.
Question: Are special inspectors required to be on the job for
the entire project?
Response: No. "They are required during the construction or pla—
cement of the structural components only if the
building structural components should be defined as
those load bearing elements of the building necessary
to maintain its integrity. Special inspectors should
be on-site to visually inspect those components which
cannot be so inspected after fabrication.. It was not -
the intent of the law to require that special inspec-
tors be present during the construction of non-
structural components. Nor was it the intent that such
inspectors be present during the off-site construction
of structural components. (more detailed guidelines
regarding specific duties and qualifications of special
inspectors are being developed at the present time and
will be available within the next few days.)
[half-circle around the above paragraph of this response saying PUT IN ORD]
Question: Who can be a special inspector?
Response: The law states: "The inspector shall be a person cer-
tified, licensed, or registered under the Building
Officials Association of Florida; the Southern Building
Code Congress International ; Chapter 471 , as an
engineer; Chapter 481 , as an architect; or the Council
of American Building Officials; or the certification
programs of Dade and Broward Counties. (This latter
two were added during special session - see Chapter
83-342).
[half-circle around the above paragraph of this response saying PUT IN ORD]
A literal interpretation would mean that anyone
meeting the above could be a special inspector.
However, it is the intent that such inspectors be com-
petent in performing inspections of the structural com-
ponents of the threshold building. For this reason, it
is recommended that in interpreting this section that
special inspectors be certified, registered or licensed
in an appropriate category. Appropriate should be
construed to mean those categories which include or
demonstrate competence in structural inspections. Local
enforcement agencies may develop criteria in addition to
those mentioned in the law. However, the local
governing body should adopt such criteria by ordinance
or resolution before inmplementation.
Question: Can special inspectors be employees of owners, archi-
tects, engineers or the contractor? Wouldn't this
constitute a conflict of interest?
4
Response: The law does not preclude a special inspector from
being anyone certified, licensed or registered under
the programs or state laws referenced. Since the owner
is required to pay all costs it could be argued that
the special inspector is an employee of the owner.
It is recognized that the professional practice of
architecture and engineering includes the use of non-
licensed agents to make inspections. Therefore, they
may make such inspections. Such agents of architects
and engineers, however, should be subject to approval by
the local enforcing agency.
It is not recommended that the special inspector be an
employee- of the contractor due to the potential for
conflict of interest.
[half-circles saying PUT IN ORD around all below text]
Question: Subsection 553.75(5)(c) states that the enforcing
agency shall determine- the amount, method and proced
for paying costs of special inspectors. Doesn't this
put the enforcing agency in the salary negotiation
business?
Response: No. The specific wording of this section states that:
"the enforcing agency shall determine the amount, method
and procedure..." Webster defines the word "determine"
as: a) to fix conclusively or authoritatively, and b)
to obtain definite or firsthand knowledge of". It would
seem, therefore, that the latter definition would be the
more prudent for the enforcing agency to take.
The intent of the Construction Industry Study Committee
was that, for threshold buildings, a special inspector
be required so that the building departments could be
assured that the structural components of the building
had, in fact, been constructed in accordance with
approved plans and specifications and that such com-
ponents were in compliance with applicable minimum
building codes. In order that this procedure not work
an undue hardship on building departments, the owners of
threshold buildings would be required to pay the extra
costs incurred. It was not the intent to place building
departments in the salary negotiation business.
Therefore, it is recommended that the enforcing agency:
a) Require that a special inspector be retained by the
owner. Such inspectors should report to and be
responsible to the enforcing agency.
b) Since the special inspectors will be performing
inspections on behalf of the enforcing agency, it should
assure itself that the inspector retained is
qualified and competent to perform structural
inspections.
5 RUN
c) Assure itself that special inspectors are
appropriately certified under BOAF, SBCCI, CABO,
Broward or Dade County or are registered as archi-
tects or engineers in the State of Florida. (Since
BOAF, SBCCI, CABO, etc. certify several categories of
inspectors, care should be taken to make sure that
the certification is one -which encompasses structural
inspections.)
Further, since the owner is required to pay the costs,
it is recommended that he/she should be allowed to
choose their own inspectors subject to approval of their
qualifications by the enforcing agency and compliance
with section 553.79(5)(b), F.S. The amount, method and
procedure for payment should be-a part of the approval
process. It is recommended that the enforcing- agency
get involved in the amount of payment only when the
inspector is an employee of the enforcing agency.
[half-circles saying PUT IN ORD. that encircle all text above this line]
Special inspections do not substitute for normally
required inspections. NOTE
Question: Who are special inspectors responsible to?
Response: Special inspectors are responsible primarily to the
public via the enforcing agency. Their main function
is to assure that the structural components of
threshold buildings are constructed in accordance with
the approved plans and specifications and that such
components are in compliance with applicable minimum
building codes. They should do this by performing
inspections and providing periodic reports to the-
enforcing agency. Special inspectors are intended to
be an extension of the local enforcing agency and,
indeed, may even be employees of the enforcing agency.
[half-circle saying PUT IN ORD. that encircles all text above this response]
Question: Suppose an owner wants a chemical engineer to be his
special inspector. Can the building department refuse
to go along with this?
Response: Since engineers are not registered in Florida by Cate-
gory or speciality, it may be difficult for enforcement
agencies to assess their acceptability as special
inspectors. It is recommended that in such cases, that
the enforcing agency request that the engineer
demonstrate his proficiency or compentency in per-
forming structural inspections. If the local enforce-
ment agency has reason to question. the creditials of an
architect or engineer, the matter should be referred to
the proper state board for investigation and deter-
mination.
6
RUN
•
Question: On large construction projects, there may be several
concrete pours going on simultaneously.. Does this mean
that several inspectors may be required.
Response: Yes. The law intends that all structural components be
inspected during their construction on-site.
Question: What about prefabricated structural components
constructed off-site? Is the special inspector
required to inspect them during construction also?
Response: No. It is the intent that special inspectors inspect
the construction of those components constructed on-
site and to inspect the placement of those constructed
off-site.
General Comment: It is recommended that any interpretations of
Chapter 83-160 made by local enforcement agencies be
reviewed and receive the approval of the local govern-
mental legal counsel prior to implementation..
NOTES:
ESCROW FUNDS FOR SI PAYMENT.
BOND SI FOR IM E&D LIABILITY.
SI NEED NOT BE FROM BLGR RECOMMENDATIONS.
POOL OF QUALIFIED SI WITH BLDG OFF.
7
To: FA/ALA Members
From: George A. Allen, CAE, Executive Vice President
Date: September 15, 1983
Re: Opinions about Senate Bill 556.
On October I, Committee Substitute for Senate Bill 556,passed during the 1983 Legislative session, will go into effect. This
bill was the result of the hearings conducted by the Committee for the Study of the Construction Industry headed by John Vogt.
It has great impact on the practice of architecture in Florida.
In recent weeks many questions have been raised around the state about how certain elements of the bill will be interpreted
by local building officials. In answer to those questions, the Board of Building Codes and Standards has prepared a series of
advisory opinions as to how it interprets the law and how they feel local building departments should implement it.Our representative
on the Board is Richard Reilly, AIA, of Fort Lauderdale. The Board, which is part of the Department of Community Affairs
and appointed by the Governor,has prepared the following opinions based on discussions with committee members,legislators,
and the vairous board members who regulate professionals impacted by the law.
The opinions are in draft form and may not be official for several weeks but because the effective date of the law is upon
us we felt that architects should be informed. Also, because the opinions are subject to change, we felt that architects might
have a different view which could be represented in future hearings. Let us know you have a different view which you feel
the FA/AIA should take a stand on. Following are the questions and responses by the Board of Building Codes and Standards:
1. Subsection 12556(2), F.S. was amended to authorize counties to provide a schedule of reasonable inspection fees.
What constitutes "reasonable"?
The old law restricted counties from charging more than 0.2 percent of the total contstruction cost for inspections. Now they
may charge whatever is needed to defray the costs of inspection and enforcement.
2_ Subsections 471.005 and 533.71 have been amended to define threshold buildings. Must threshold buildings meet
all of the criteria Listed?
No. The definitions should be interpreted as follows:
"Threshold building" means any building or structure which:
a) has a total floor area exceeding 25,000 square feet, or
b) is greater than 2 stories or 25 feet in height, or
c) has an assembly occupancy greater than 5,000 sq. feet, or
d) is of unusual design or construction as determined by the building official.
Exception: Residential structures 3 stories or less in height and any building defined in S.481-203(7) or S.481.229, F.S.
3.What about structures not intended for human occupancy such as radio or telephone transmission towers,antennas,
signs, etc.? Are they threshold structures?"
Yes, if they meet any of the criteria set forth for threshold buildings.
4. How should alterations or additions to existing buildings be treated?
If the alteration or addition, by itself, meets any of the criteria for a threshold building, then it is subject to the provision
of the new law, regardless of the cost of the existing building.
5. Are special inspectors required to be on the job for the entire project?
No.They are required during the construction or placement of the structural components only.Structural components should
be defined as those load bearing elements of the building necessary to maintain its integrity.Special inspectors should be on-site
to visually inspect those components which cannot be so inspected after fabrication. It was not the intent of the law to require
that special inspectors be present during the construction of bon-structural components. Nor was it the intent that such inspectors
be present during the off-site construction of structural components.
6. Who can be a special inspector?
The law states: "The inspector shall be a person certified, licensed, or registered under the Building Officials Association
of Florida; the Southern Building Code Congress International; Chapter 471, as an engineer; Chapter 481, as an architect; or
the Council of American Building Officials; or the certification programs of Dade and Broward Counties. (The latter two were
added during special session see Chapter 83-342).
A literal interpretation would mean that anyone meeting the above could be a special inspector. However, it is the intent
that such inspectors be competent in performing inspections of the structural components of the threshold building. For this
reason, it is recommended that in interpreting this section that special inspectors be certified, registered or licensed in an ap-
propriate category. Appropriate should be construed to mean those categories which include or demonstrate competence in structural
inspections. Local enforcement agencies may develop criteria in addition to those mentioned in the law. However, the local
governing body should adopt such criteria by ordinance or resolution before implementation.
7. Can special inspectors he employees of owners, architects, engineers or the contractors? Wouldn't this constitute
a conflict of interest?
The law does not preclude a special inspector from being anyone certified, licensed or registered under,the programs or state
laws referenced. Since the owner is required to pay all costs it could be argued that the special inspector is an employee of
the owner. It is recognized that the professional practice of architecture and engineering includes the use of non-licensed agents
to make inspections. Therefore, they may make such inspections. Such agents of architects and engineers, however, should
be subject of approval by the local enforcing agency. It is not recommended that the special inspector be an employee of the
contractor due to the potential for conflict of interest.
8. Subsection 553.75(5)(c) states that the enforcing agency shall determine the amount, method and procedure for pay-
ing costs of special inspectors. Doesn't this put the enforcing agency in the salary negotiation business?
No.
Comment: The specific wording of this section states that: "the enforcing agency shall determine the amount, method and
procedure..."Webster defines the word "determine" as: a) to fix conclusively or authoritatively, and b) to obtain definite or
firsthand knowledge or. It would seem, therefore, that the latter definition would be the more prudent for the enforcing agency
to take.
The intent of the Construction Industry Study Committee was that, for threshold buildings, a special inspector be required
so that the building departments could be assured that the structural components of the building had, in fact, been constrcuted.
in accordance with approved plans and specifications and that such components were in compliance with applicable minimum -
building codes. In order that this procedure not work an undue hardship on buidling departments, the owners of threshold buildings
would be required to pay the extra costs incurred. It was not the intent to place building departments in the- salary negotiation
business.
Therefore, the Board recommends that the enforcing agency:
a) Required that a special inspector be retained by the owner. Such inspectors should report to and be responsible to *the
enforcing agency.
b) Since the special inspectors will be performing inspections on behalf of the enforcing agency, should assure itself that
the inspector retained is qualified and competent to perform structural inspections.
c) Assure itself that special inspectors are appropriately certified under BOAF, SBCCI, CABO Broward, or Dade County
or are registered as architects or engineers in the State of Florida. (Since BOAF, SBCCI, CABO; etc. certify several
categories of inspectors, care should be taken to make sure that the certification is one which encompasses structural
inspections.).
Further, since the owner is required to pay the costs, it is the Board's opinion that he/she should be allowed to choose their
own inspectors subject to approval of their qualifrcaitons by the enforcing agency and compliance with section 553.79(5)(b),
F.S. The amount, method and procedure for payment should be a part of the approval process. It is recommended that the enfor-
cing agency get involved in the amount of payment only when the inspector is an employee of the enforcing agency.
Spcecial inspections do not substitute for normally required inspections.
9. Subsection 553.79 (7)(d) requires that the plans and specifications comply with the applicable minimum -building
codes. What constitutes "applicable minimum building codes"?
Applicable minimum building codes should be interpreted to mean the minimum building code, including Local amendments
adopted by the jurisdiction having control over the construction site.
10. Does subsection 553.79(8) mean that building contractors can't build threshold buildings?
Yes. It was not the intent to restrict the scope of work of building contractors but rather to insure that permits are issued
to licensed contractors only. Unfortunately, the language in the law is specific in referring to general contractors. The term
"General Contractor" is specifically defined in Section 489, F.S. and cannot be construed to include building contractors.
11. Subsection 553.79(8) says that the contractor shall beheld responsible for the entire project. What constitutes the
entire project?
On large projects several permits may be issued to a number of general contractors for site preparation, road construction,
building construction, etc. Therefore, the words "either project" should be construed to mean all of the work covered by the
permit issued to that contractor.
12. Who are special inspectorsresponsibleto?
Special inspectors are responsible primarily to the public via the enforcing agency. Their rnain function is to assure that the
structural components of threshold buildings are constructed in accordance with the approved plans and specificaitons and that
such components are in compliance with applicable minimum building codes. They should do this by performing inspections
and providing periodic reports to the enforcing agency. Special inspectors are, intended to be an extension of the local enforcing
agency and, indeed, may even be employees of the enforcing agency.
13. Suppose an owner wants a chemical engineer to- be his special inspector. Can the building department refuse to
go along with this?
Since engineers are not registered in Florida by category or speciality, it may be difficult for enforcement agencies to assess
their acceptability as special inspectors. It is recommended that in such cases, that the enforcing agency request that the engineer
demonstrate his proficiency or competency in performing special inspections.
14. On large construction projects, there may be several concrete pours going on simultaneously. Does this mean that
several inspectors may be required?
Yes. The law intends to all structural components be inspected during their construction on -site.
15. Suppose I have an application for a permit for a building which meets the criteria for a threshold building before
October 1, but the permit will not be issued until after October 1. How should this be handled?
A building doesn't become a threshold building until it has been permitted as such. It is recommended that threshold building
permits be issued only for those applications received on or after October 1, 1983.
Florida Association/American Institute of Architects
P.O. Box 10388 . Tallahassee, Florida 32302
[illegible]
ORIGINALS
MAJOR CHANGES IN CONSTRUCTION REQUIRED BY CS SB 556
THE FLORIDA SENATE AND HOUSE HAVE PASSED MAJOR CONSTRUCTION LEGISLATION,
CS SB 556 , WHICH HAS BEEN SIGNED BY GOVERNOR GRAHAM. SPECIFIC CHANGES
INCLUDE:
1) COUNTY - Removing limitation on inspection fees county may collect
for building inspection and requiring such fee to be "reasonable" .
2) DESIGN CRITERIA - Provides criteria for projects for which certain
contractors need not register as a professional engineer.
3) FCILB - Provides definition of "threshold building" .
4) FCILB - Defines "qualifying agent" contractor.
5) FCILB - Defines business entity to include officers, directors, etc.
6) FCILB - Requires changes in a business entity, officer/director
structure, to be reported wihtin 10 days to FCILB.
7) FCILB - Requires contractor qualifying more than one entity to come
before board for approval.
8) FCILB - Board can deny license to a qualifier if business entity or
any of its partners, officers, directors, trustees or members
is fined for violations.
9) FCILB - Raises limit of fine that can be imposed on qualifier from
$1, 000 to $5, 000.
10) FCILB - Board may impose an additional $5 ,000 fine against business
entity or. any partner, officer, director, trustee or member.
11) COMMUNITY AFFAIRS - State Board of Building Codes and Standards shall
conduct a program to certify building code administration and building
inspection personnel in Florida.
12) COUNTY AND CITY BUILDING DEPARTMENTS - Building departments shall
require a special inspector to inspect all structural components of
a threshold-building which components are related to the public
health, safety and welfare.
13) COUNTY AND CITY BUILDING DEPARTMENTS - The inspector shall be a person
certified or licensed under BOAF, Southern Building Code, Engineer or
Architect.
14) COUNTY AND CITY BUILDING DEPARTMENTS - Owner of threshold building
shall pay costs for employing special inspectors.
15) COUNTY AND CITY BUILDING DEPARTMENTS and CONTRACTORS OF THRESHOLD
BUILDINGS - No permit for threshold building unless applicant
provides specific information concerning electrical documents,
plumbing documents , fire sprinkling documents , heating, ventilating
and air conditioning documents and other specific documents. No
document valid unless signed, dated, stamped by professional
engineer.
16) COUNTY AND CITY BUILDING DEPARTMENTS - Owner must file certificate
prepared by engineer or architect that construction complies with
applicable codes and the intent and design specified in permitted
documents.
17) COUNTY AND CITY BUILDING DEPARTMENTS - Changes to install alternate
product involving code must go to the building department for approval.
18) ENGINEER AND GENERAL CONTRACTOR - All shoring and reshoring procedures,
plans and detail must be signed by Professional Engineer after
October 1, 1983.
19) FCILB - General contractor must certify shoring installation in
compliance with shoring documents .
20) BUILDING DEPARTMENT - All plans signed and sealed by architect/engineer
must state compliance with minimum building codes.
21) FCILB and BUILDING DEPARTMENT - No building department shall issue
a primary building permit for construction of a threshold building
except to a licensed general contractor. This named contractor
obtaining permit shall be held responsible for entire project by
building department.
22) EFFECTIVE DATE OF ACT - OCTOBER 1, 1983
[illegible]
ENROLLED
CS for SB 556 First Engrossed
1 A BILL TO BE ENTITLED
2 AN ACT RELATING TO BUILDING CONSTRUCTION;
3 AMENDING S. 125. 56 (2) , FLORIDA STATUTES;
4 REMOVING A LIMITATION ON THE FEE A COUNTY MAY
5 COLLECT FOR BUILDING INSPECTION AND REQUIRING
6 SUCH FEE TO BE REASONABLE; AUTHORIZING
7 MUNICIPALITIES TO PROVIDE A SCHEDULE OF
8 REASONABLE INSPECTION FEES; AMENDING S .
9 471.003 (2) (i) , FLORIDA STATUTES, 1982
10 SUPPLEMENT; PROVIDING CRITERIA FOR CONSTRUCTION
11 PROJECTS FOR WHICH CERTAIN PERSONS NEED NOT
12 REGISTER AS A PROFESSIONAL ENGINEER; ADDING S.
13 471.005 (8) , FLORIDA STATUTES; PROVIDING A
14 DEFINITION OF "THRESHOLD BUILDING"; AMENDING
15 SS . 489 . 105 (4) , 489 . 119 (2) , (6) , FLORIDA
16 STATUTES, 1982 SUPPLEMENT, AND ADDING
17 SUBSECTION (7) TO SAID SECTION; DEFINING
18 "QUALIFYING AGENT" ; REQUIRING BUSINESS ENTITIES
19 TO REPORT TO THE DEPARTMENT OF PROFESSIONAL
20 REGULATION CHANGES IN CERTAIN INFORMATION
21 REQUIRED ON LICENSE APPLICATIONS; REQUIRING
22 APPROVAL BY THE CONSTRUCTION INDUSTRY LICENSING
23 BOARD BEFORE A QUALIFYING AGENT FOR A BUSINESS
24 ENTITY MAY QUALIFY ADDITIONAL BUSINESS
25 ENTITIES; AMENDING S. 489 .129, FLORIDA
26 STATUTES; PROVIDING FOR DISCIPLINARY ACTION
27 AGAINST QUALIFYING AGENTS FOR VIOLATIONS
28 COMMITTED BY THE BUSINESS ENTITY OR CERTAIN
29 PERSONS ASSOCIATED WITH THE BUSINESS ENTITY;
30 INCREASING THE MAXIMUM ALLOWABLE ADMINISTRATIVE
31 FINE AND PERMITTING THE BOARD TO LEVY SUCH FINE
556
1
CODING. WORDS IN STRUCK THROUGH TYPE ARE DELETIONS FROM
EXISTING LAW; WORDS UNDERLINED ARE ADDITIONS .
RUN
CS FOR SB 556 FIRST ENGROSSED
1 ON A BUSINESS ENTITY OR CERTAIN PERSONS
2 ASSOCIATED WITH IT, AS WELL AS ON A QUALIFYING
3 AGENT; PROVIDING THAT THE BOARD MAY REFUSE TO
4 ISSUE CERTIFICATION OR REGISTRATION ON BEHALF
5 OF AN ENTITY SUBJECT TO SUCH FINE; ADDING S.
6 553 . 71 (6) , FLORIDA STATUTES; PROVIDING A
7 DEFINITION; ADDING S. 553 .77 (3) , FLORIDA
8 STATUTES; AMENDING S. 553. 79 (2) , FLORIDA
9 STATUTES, AND ADDING SUBSECTIONS (5) - (7) TO
10 SAID SECTION; PROVIDING CERTAIN DUTIES OF
11 BUILDING CODE ENFORCING AGENCIES; REQUIRING THE
12 ENFORCING AGENCIES TO ISSUE CERTAIN PERMITS
13 UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR A
14 SPECIAL INSPECTOR UNDER CERTAIN CIRCUMSTANCES;
15 PROVIDING FOR PAYMENT OF THE COSTS OF EMPLOYING
16 A SPECIAL INSPECTOR; ADDING S. 553 . 79 (6) ,
17 FLORIDA STATUTES; PROHIBITING THE ISSUANCE OF
18 CERTAIN BUILDING PERMITS UNLESS THE APPLICANT
19 PROVIDES CERTAIN DOCUMENTS SIGNED, DATED AND
20 STAMPED BY A REGISTERED PROFESSIONAL ENGINEER;
21 REQUIRING CERTAIN PROFESSIONALS TO CERTIFY THAT
22 SUCH BUILDINGS COMPLY WITH CERTAIN CODES AND
23 DOCUMENTS; REQUIRING CERTAIN DOCUMENTS TO BE
24 FILED WITH LOCAL ENFORCEMENT AGENCIES ;
25 REQUIRING ENFORCING AGENCIES TO ISSUE
26 CONSTRUCTION PERMITS FOR THRESHOLD BUILDINGS
27 ONLY TO LICENSED GENERAL CONTRACTORS; MAKING
28 SUCH CONTRACTORS RESPONSIBLE FOR THE ENTIRE
29 PROJECTS; PROVIDING FOR REPEAL AND REVIEW OF S.
30 553. 781, FLORIDA STATUTES, IN ACCORDANCE WITH
31 THE SUNDOWN ACT; PROVIDING AN EFFECTIVE DATE.
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1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA:
2
3 SECTION 1. SUBSECTION (2) OF SECTION 125.56, FLORIDA
4 STATUTES, IS AMENDED TO READ:
5 125 .56 ADOPTION OF BUILDING CODE; INSPECTION FEES;
6 INSPECTORS; ETC.--
7 (2) THE BOARD OF COUNTY COMMISSIONERS OF EACH OF THE
8 SEVERAL COUNTIES MAY PROVIDE A SCHEDULE OF REASONABLE
9 INSPECTION FEES IN ORDER TO DEFER THE COSTS OF INSPECTION AND
10 ENFORCEMENT OF THE PROVISIONS OF THIS ACT, AND OF ANY BUILDING
11 CODE ADOPTED PURSUANT TO THE TERMS OF THIS ACT.
12
13
14
15
16 SECTION 2. THE GOVERNING BODY OF A MUNICIPALITY MAY
17 PROVIDE A SCHEDULE OF REASONABLE INSPECTION FEES IN ORDER TO
18 DEFER THE COSTS OF INSPECTION AND ENFORCEMENT OF THE
19 PROVISIONS OF ITS BUILDING CODE.
20 SECTION 3. PARAGRAPH (i) OF SUBSECTION (2) OF SECTION
21 471. 003, FLORIDA STATUTES, 1982 SUPPLEMENT, IS AMENDED TO
22 READ:
23 471.003 QUALIFICATIONS FOR PRACTICE, EXEMPTIONS.--
24 (2) THE FOLLOWING PERSONS ARE NOT REQUIRED TO REGISTER
25 UNDER THE PROVISIONS OF SS. 471.001-471.039 AS A REGISTERED
26 ENGINEER:
27 - (i) ANY ELECTRICAL, PLUMBING, AIR-CONDITIONING, OR
28 MECHANICAL CONTRACTOR WHOSE PRACTICE INCLUDES THE DESIGN AND
29 FABRICATION OF ELECTRICAL, PLUMBING, AIR-CONDITIONING, OR
30 MECHANICAL SYSTEMS, RESPECTIVELY, WHICH HE INSTALLS BY VIRTUE
31 OF A LICENSE ISSUED UNDER CHAPTER 489, UNDER PART I OF CHAPTER
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1 553, OR UNDER ANY SPECIAL ACT OR ORDINANCE WHEN WORKING ON ANY
2 CONSTRUCTION PROJECT OTHER THAN ONE FOR WHICH A DOCUMENT IS
3 REQUIRED UNDER S. 553 .79 (5) OR WHICH HAS:
4 1. REQUIRES AN ELECTRIC OR PLUMBING OR AIR-
5 CONDITIONING AND REFRIGERATION SYSTEM WITH A VALUE OF $50 ,000
6 OR LESS AND:
7 a. REQUIRES AN ELECTRICAL SYSTEM WITH AN AGGREGATE
8 SERVICE CAPACITY OF 600 OR LESS AMPERES (240 VOLTS) IN
9 RESIDENTIAL CONSTRUCTION OR LESS THAN 800 AMPERES (240 VOLTS)
10 IN COMMERCIAL OR INDUSTRIAL CONSTRUCTION; OR
11 b. REQUIRES A PLUMBING SYSTEM WITH 250 FIXTURE UNITS
12 OR FEWER; OR
13 c. REQUIRES A HEATING, VENTILATION, AND AIR-
14 CONDITIONING SYSTEM WITH A PER SYSTEM CAPACITY OF 15 TONS OR
15 LESS, OR REQUIRES A HEATING, VENTILATION, OR AIR-CONDITIONING
16 SYSTEM WITH GREATER CAPACITY IF THE PROJECT IS DESIGNED TO
17 ACCOMMODATE FEWER THAN 100 PERSONS ; or
18 2. IS 5,000 SQUARE FEET OR LESS IN AREA AND IS
19 DESIGNED FOR PUBLIC ASSEMBLY.
20
21
22
23
24
25
26
27
28 SECTION 4. SUBSECTION (8 ) IS ADDED TO SECTION 471.005;
29 FLORIDA STATUTES, TO READ:
30 471.005 DEFINITIONS .--AS USED IN SS . 471.001-471. 039 :
31
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1 (8) "THRESHOLD BUILDING" MEANS ANY BUILDING OR
2 STRUCTURE WHICH HAS A TOTAL FLOOR AREA EXCEEDING 25 ,000 SQUARE
3 FEET, WHICH IS GREATER THAN 2 STORIES OR 25 FEET IN HEIGHT,
4 WHICH HAS AN ASSEMBLY OCCUPANCY GREATER THAN 5, 000 SQUARE
5 FEET, OR WHICH IS OF UNUSUAL DESIGN OR CONSTRUCTION AS
6 DETERMINED BY THE BUILDING OFFICIAL, EXCEPT RESIDENTIAL
7 STRUCTURES 3 STORIES OR LESS IN HEIGHT AND ANY BUILDING
8 DEFINED IN S. 481-203 (7) , OR S. 481. 229 . [note saying EACH OR ALL?]
9 SECTION 5. SUBSECTION (4) OF SECTION 489 .105, FLORIDA
10 STATUTES, 1982 SUPPLEMENT, IS AMENDED TO READ.:
11 489 .105 DEFINITIONS.--AS USED IN THIS ACT:
12 (4) "QUALIFYING AGENT" MEANS A PERSON WHO POSSESSES
13 THE REQUISITE SKILL, KNOWLEDGE, AND EXPERIENCE, AND HAS THE
14 RESPONSIBILITY, TO SUPERVISE, DIRECT, MANAGE, AND CONTROL THE
15 CONTRACTING ACTIVITIES OF THE BUSINESS ENTITY WITH WHICH HE IS
16 CONNECTED, WHO HAS THE RESPONSIBILITY TO SUPERVISE, DIRECT,
17 MANAGE, AND CONTROL CONSTRUCTION ACTIVITIES ON A JOB FOR WHICH
18 HE HAS OBTAINED THE BUILDING PERMIT, AND WHOSE TECHNICAL AND
19 PERSONAL QUALIFICATIONS HAVE BEEN DETERMINED BY INVESTIGATION
20 AND EXAMINATION AS PROVIDED IN THIS ACT, AS ATTESTED BY THE
21 DEPARTMENT.
22 SECTION 6 . SUBSECTIONS (2) AND (6) OF SECTION 489 .119 ,
23 FLORIDA STATUTES, 1982 SUPPLEMENT, ARE AMENDED, AND SUBSECTION
24 (7) IS ADDED TO SAID SECTION TO READ:
25 489 .119 BUSINESS ORGANIZATIONS; QUALIFYING AGENTS .--
26 (2) IF THE APPLICANT PROPOSES TO ENGAGE IN CONTRACTING
27 AS A PARTNERSHIP, CORPORATION, BUSINESS TRUST, OR OTHER LEGAL
28 ENTITY, THE APPLICANT SHALL APPLY THROUGH A QUALIFYING AGENT;
29 THE APPLICATION SHALL STATE THE NAME OF THE PARTNERSHIP AND OF
30 ITS PARTNERS, THE NAME OF THE CORPORATION AND OF ITS OFFICERS
31 AND DIRECTORS, THE NAME OF THE BUSINESS TRUST AND ITS
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1 TRUSTEES, OR THE NAME OF SUCH OTHER LEGAL ENTITY AND ITS
2 MEMBERS; AND THE APPLICANT SHALL FURNISH EVIDENCE OF STATUTORY
3 COMPLIANCE IF A FICTITIOUS NAME IS USED. SUCH APPLICATION
4 SHALL ALSO SHOW THAT THE QUALIFYING AGENT IS LEGALLY QUALIFIED
5 TO ACT FOR THE BUSINESS ORGANIZATION IN ALL MATTERS CONNECTED
6 WITH ITS CONTRACTING BUSINESS AND THAT HE HAS AUTHORITY TO
7 SUPERVISE CONSTRUCTION UNDERTAKEN BY SUCH BUSINESS
8 ORGANIZATION. THE REGISTRATION OR CERTIFICATION, WHEN ISSUED
9 UPON APPLICATION OF A BUSINESS ORGANIZATION, SHALL BE IN THE
10 NAME OF THE QUALIFYING AGENT, AND THE NAME OF THE BUSINESS
11 ORGANIZATION SHALL BE NOTED THEREON. IF THERE IS A CHANGE IN
12 ANY INFORMATION THAT IS REQUIRED TO BE STATED ON THE
13 APPLICATION, THE BUSINESS ORGANIZATION SHALL WITHIN 10 DAYS
14 AFTER SUCH CHANGE OCCURS MAIL THE CORRECT INFORMATION TO THE
15 DEPARTMENT.
16 (6) EACH QUALIFYING AGENT SHALL PAY THE DEPARTMENT AN
17 AMOUNT EQUAL TO THE ORIGINAL FEE FOR CERTIFICATION OR
18 REGISTRATION OF A NEW BUSINESS ENTITY. IF THE QUALIFYING
19 AGENT FOR A BUSINESS ENTITY DESIRES TO QUALIFY ADDITIONAL
20 BUSINESS ENTITIES, THE
21 BOARD SHALL REQUIRE HIM TO APPEAR BEFORE IT AND
22 PRESENT EVIDENCE OF ABILITY AND FINANCIAL RESPONSIBILITY OF
23 EACH SUCH ENTITY. THE ISSUANCE OF SUCH CERTIFICATION OR
24 REGISTRATION SHALL BE DISCRETIONARY WITH THE BOARD.
25 (7) IF A BUSINESS ENTITY OR ANY OF ITS PARTNERS,
26 OFFICERS, DIRECTORS, TRUSTEES, OR MEMBERS, IS FINED FOR
27 VIOLATING S. 489 .129 (2) , THE BOARD MAY, ON THAT BASIS ALONE,
28 DENY ISSUANCE OF A CERTIFICATE OR REGISTRATION TO A QUALIFYING
29 AGENT ON BEHALF OF THAT BUSINESS ENTITY.
30 SECTION 7 . SECTION 489 .129 , FLORIDA STATUTES, IS
31 AMENDED TO READ:
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1 489 . 129 DISCIPLINARY PROCEEDINGS.
2 (1) THE BOARD MAY REVOKE, SUSPEND, OR DENY THE
3 ISSUANCE OR RENEWAL OF THE CERTIFICATE OR REGISTRATION OF A
4 CONTRACTOR OR IMPOSE AN ADMINISTRATIVE FINE NOT TO EXCEED
5 $5, 000, PLACE THE CONTRACTOR ON PROBATION, REPRIMAND OR
6 CENSURE, A CONTRACTOR IF THE CONTRACTOR, OR IF THE BUSINESS
7 ENTITY OR ANY GENERAL PARTNER, OFFICER, DIRECTOR, TRUSTEE, OR
8 MEMBER OF A BUSINESS ENTITY FOR WHICH THE CONTRACTOR IS A
9 QUALIFYING AGENT, IS FOUND GUILTY OF ANY OF THE FOLLOWING
10 ACTS:
11 (a) UPON PROOF THAT A CERTIFICATE OR REGISTRATION HAS
12 BEEN OBTAINED BY FRAUD OR MISREPRESENTATION.
13 (b) BEING CONVICTED OR FOUND GUILTY, REGARDLESS OF
14 ADJUDICATION, OF A CRI''4E IN ANY JURISDICTION WHICH DIRECTLY
15 RELATES TO THE PRACTICE OF CONTRACTING OR THE ABILITY TO
16 PRACTICE CONTRACTING.
17 (c) VIOLATION OF CHAPTER 455 .
18 (d) WILLFUL OR DELIBERATE DISREGARD AND VIOLATION OF
19 THE APPLICABLE BUILDING CODES OR LAWS OF THE STATE OR OF ANY
20 MUNICIPALITIES OR COUNTIES THEREOF.
21 (e) AIDING OR ABETTING ANY UNCERTIFIED OR UNREGISTERED
22 PERSON TO EVADE ANY PROVISION OF THIS ACT.
23 (f) KNOWINGLY COMBINING OR CONSPIRING WITH AN
24 UNCERTIFIED OR UNREGISTERED PERSON BY ALLOWING ONE 'S
25 CERTIFICATE OR REGISTRATION TO BE USED BY ANY UNCERTIFIED OR
26 UNREGISTERED PERSON WITH INTENT TO EVADE THE PROVISIONS OF
27 THIS ACT. WHEN A CERTIFICATE HOLDER OR REGISTRANT ALLOWS HIS
28 CERTIFICATE OR REGISTRATION TO BE USED BY ONE OR MORE
29 COMPANIES WITHOUT HAVING ANY ACTIVE PARTICIPATION IN THE
30 OPERATIONS, MANAGEMENT, OR CONTROL OF SAID COMPANIES, SUCH ACT
31
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1 CONSTITUTES PRIMA FACIE EVIDENCE OF AN INTENT TO EVADE THE
2 PROVISIONS OF THIS ACT.
3 (g) ACTING IN THE CAPACITY OF A CONTRACTOR UNDER ANY
4 CERTIFICATE OR REGISTRATION ISSUED HEREUNDER EXCEPT IN THE
5 NAME OF THE CERTIFICATE HOLDER OR REGISTRANT AS SET FORTH ON
6 THE ISSUED CERTIFICATE OR REGISTRATION, OR IN ACCORDANCE WITH
7 THE PERSONNEL OF THE CERTIFICATE HOLDER OR REGISTRANT AS SET
8 FORTH IN THE APPLICATION FOR THE CERTIFICATE OR REGISTRATION,
9 OR AS LATER CHANGED AS PROVIDED IN THIS ACT.
10 (h) DIVERSION OF FUNDS OR PROPERTY RECEIVED FOR
11 PROSECUTION OR COMPLETION OF A SPECIFIED CONSTRUCTION PROJECT
12 OR OPERATION WHEN AS A RESULT OF THE DIVERSION THE CONTRACTOR
13 IS OR WILL BE UNABLE TO FULFILL THE TERMS OF HIS OBLIGATION OR
14 CONTRACT.
15 (i) DISCIPLINARY ACTION BY ANY MUNICIPALITY OR COUNTY,
16 WHICH ACTION SHALL BE REVIEWED BY THE STATE BOARD BEFORE THE
17 STATE BOARD TAKES ANY DISCIPLINARY ACTION OF ITS OWN.
18 (j ) FAILURE IN ANY MATERIAL RESPECT TO COMPLY WITH THE
19 PROVISIONS OF THIS ACT.
20 (k) ABANDONMENT OF A CONSTRUCTION PROJECT IN WHICH THE
21 CONTRACTOR IS ENGAGED OR UNDER CONTRACT AS A CONTRACTOR. A
22 PROJECT IS TO BE CONSIDERED ABANDONED AFTER 90 DAYS IF THE
23 CONTRACTOR TERMINATES SAID PROJECT WITHOUT NOTIFICATION TO THE
24 PROSPECTIVE OWNER AND WITHOUT JUST CAUSE.
25 (1) SIGNING A STATEMENT WITH RESPECT TO A PROJECT OR
26 CONTRACT FALSELY INDICATING THAT THE WORK IS BONDED; FALSELY
27 INDICATING THAT PAYMENT HAS BEEN MADE FOR ALL SUBCONTRACTED
28 WORK, LABOR, AND MATERIALS WHICH RESULTS IN A FINANCIAL LOSS
29 TO THE OWNER, PURCHASER, OR CONTRACTOR; OR FALSELY INDICATING
30 THAT WORKERS ' COMPENSATION AND PUBLIC LIABILITY INSURANCE ARE
31 PROVIDED.
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1 (m) UPON PROOF AND CONTINUED EVIDENCE THAT THE
2 LICENSEE IS GUILTY OF FRAUD OR DECEIT OR OF GROSS NEGLIGENCE,
3 INCOMPETENCY, OR MISCONDUCT IN THE PRACTICE OF CONTRACTING.
4 (2) IF A CONTRACTOR DISCIPLINED UNDER SUBSECTION (1)
5 IS A QUALIFYING AGENT FOR A BUSINESS ENTITY, AND THE VIOLATION
6 WAS PERFORMED IN CONNECTION WITH A CONSTRUCTION PROJECT
7 UNDERTAKEN BY THAT BUSINESS ENTITY, THE BOARD MAY IMPOSE AN
8 ADDITIONAL ADMINISTRATIVE FINE NOT TO EXCEED $5, 000 AGAINST
9 THE BUSINESS ENTITY OR ANY PARTNER, OFFICER, DIRECTOR,
10 TRUSTEE, OR MEMBER, IF SUCH PERSON PARTICIPATED IN THE
11 VIOLATION OR KNEW OR SHOULD HAVE KNOWN OF THE VIOLATION AND
12 FAILED TO TAKE REASONABLE CORRECTIVE ACTION.
13 (3) THE BOARD MAY SPECIFY, BY RULE, THE ACTS OR
14 OMISSIONS WHICH CONSTITUTE VIOLATIONS OF THIS SECTION.
15 SECTION 8. SUBSECTION (6) IS ADDED TO SECTION 553 . 71,
16 FLORIDA STATUTES, TO READ:
17 553. 71 DEFINITIONS.--AS USED IN THIS PART:
18 (6) "THRESHOLD BUILDING" MEANS ANY BUILDING OR
19 STRUCTURE WHICH HAS A TOTAL FLOOR AREA EXCEEDING 25,000 SQUARE
20 FEET, WHICH IS GREATER THAN 2 STORIES OR 25 FEET IN HEIGHT,
21 WHICH HAS AN ASSEMBLY OCCUPANCY GREATER THAN 5, 000 SQUARE .17
22 FEET, OR WHICH IS OF UNUSUAL DESIGN OR CONSTRUCTION AS
23 DETERMINED BY THE BUILDING OFFICIAL, EXCEPT RESIDENTIAL
24 STRUCTURES 3 STORIES OR LESS IN HEIGHT AND ANY BUILDING
25 DEFINED IN S. 481-203 (7) , OR S. 481. 229 . [a large question mark is written here in pen]
26 SECTION 9 . SUBSECTION (3) IS ADDED TO SECTION 553.77,
27 FLORIDA STATUTES, TO READ:
28 553. 77 SPECIFIC POWERS OF THE BOARD.--
29 (3) THE BOARD SHALL CONDUCT A PROGRAM TO CERTIFY
30 BUILDING CODE ADMINISTRATION AND BUILDING INSPECTION PERSONNEL
31 IN THIS STATE.
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1 SECTION 10 . SUBSECTIONS (1) AND (2) OF SECTION 553.79
2 FLORIDA STATUTES, ARE AMENDED AND SUBSECTIONS (5) , (6) , AND
3 (7) ARE ADDED TO SAID SECTION TO READ:
4 553.79 APPLICATION.--
5 - (1) AFTER THE EFFECTIVE DATE OF THE STATE MINIMUM
6 BUILDING CODES ADOPTED AS HEREIN PROVIDED, IT SHALL BE
7 UNLAWFUL FOR ANY PERSON, FIRM, OR CORPORATION TO CONSTRUCT,
8 ERECT, ALTER, REPAIR, OR DEMOLISH ANY BUILDING WITHIN THE
9 STATE WITHOUT FIRST OBTAINING A PERMIT THEREFOR FROM THE
10 APPROPRIATE ENFORCING AGENCY OR FROM SUCH PERSONS AS MAY, BY
11 APPROPRIATE RESOLUTION OR REGULATION OF THE ENFORCING AGENCY,
12 BE DELEGATED AUTHORITY TO ISSUE SAID PERMITS, UPON THE PAYMENT
13 OF SUCH REASONABLE FEES ADOPTED BY THE ENFORCING AGENCY. THE
14 ENFORCING AGENCY SHALL BE EMPOWERED TO REVOKE ANY SUCH PERMIT
15 UPON A DETERMINATION BY THE AGENCY THAT THE CONSTRUCTION, .
16 ERECTION, ALTERATION, REPAIR, OR DEMOLITION OF THE BUILDING
17 FOR WHICH THE PERMIT WAS ISSUED IS IN VIOLATION OF, OR NOT IN
18 CONFORMITY WITH, THE PROVISIONS OF THE STATE MINIMUM BUILDING
19 CODES.
20 (.2) AFTER THE EFFECTIVE DATE OF THE STATE MINIMUM
21 BUILDING CODES ADOPTED AS HEREIN PROVIDED, NO ENFORCING AGENCY
22 SHALL ISSUE ANY PERMIT FOR CONSTRUCTION, ERECTION, ALTERATION,
23 REPAIR, OR DEMOLITION UNLESS IT IS DETERMINED TO BE IN
24 COMPLIANCE WITH THE STATE MINIMUM BUILDING CODES. THE
25 ENFORCING AGENCY SHALL ISSUE A PERMIT TO CONSTRUCT, ERECT,
26 ALTER, REPAIR, OR DEMOLISH ANY BUILDING FOR WHICH THE PLANS
27 AND SPECIFICATIONS FOR SUCH PROPOSAL COMPLY WITH THE
28 PROVISIONS OF THE STATE MINIMUM BUILDING CODES .
29 (5) (a) THE ENFORCING AGENCY SHALL REQUIRE A SPECIAL
30 INSPECTOR TO IMSPECT ALL STRUCTURAL COMPONENTS OF A THRESHOLD
31 BUILDING WHICH COMPONENTS ARE RELATED TO THE PUBLIC HEALTH,
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CS FOR SB 556 FIRST ENGROSSED
1 SAFETY, OR WELFARE. THE INSPECTOR SHALL BE PRESENT DURING ANY
2 TIME WHEN SUCH COMPONENTS OF SUCH BUILDING ARE BEING
3 CONSTRUCTED.
4 (b) THE INSPECTOR SHALL BE A PERSON CERTIFIED,
5 LICENSED, OR REGISTERED UNDER THE BUILDING OFFICIALS
6 ASSOCIATION OF FLORIDA, THE SOUTHERN BUILDING CODE CONGRESS ,
7 INTERNATIONAL, CHAPTER 471, AS AN ENGINEER, CHAPTER 481, AS AN
8 ARCHITECT, OR THE COUNCIL OF AMERICAN BUILDING OFFICIALS. [note saying CC/CT B/O.]
9 (c) THE OWNER OF A THRESHOLD BUILDING SHALL PAY ALL
10 COSTS OF EMPLOYING A SPECIAL INSPECTOR. THE ENFORCING AGENCY
11 SHALL DETERMINE THE AMOUNT, METHOD, AND PROCEDURES FOR PAYING
12 SUCH COSTS.
13 (6) NO PERMIT MAY BE ISSUED FOR ANY BUILDING
14 CONSTRUCTION, ERECTION, ALTERATION, REPAIR, OR ADDITION
15 PROJECT UNLESS THE APPLICANT FOR SUCH PERMIT PROVIDES TO THE
16 ENFORCING AGENCY WHICH ISSUES THE PERMIT ANY OF THE FOLLOWING
17 DOCUMENTS WHICH APPLY TO THE PROJECT:
18 (a) ELECTRICAL DOCUMENTS FOR ANY NEW BUILDING OR
19 ADDITION WHICH REQUIRES AN AGGREGATE SERVICE CAPACITY OF 600
20 OR LESS AMPS (240 VOLTS) OR MORE ON RESIDENTIAL ELECTRICAL
21 SYSTEMS OR 800 AMPS (240 VOLTS) OR MORE ON COMMERCIAL OR
22 INDUSTRIAL ELECTRICAL SYSTEMS AND WHICH COSTS MORE THAN
23 $50,000, OR FOR ANY STRUCTURE GREATER THAN 5, 000 SQUARE FEET
24 IN AREA WHICH IS DESIGNED FOR PUBLIC ASSEMBLY.
25 (b) PLUMBING DOCUMENTS FOR ANY NEW BUILDING OR
26 ADDITION WHICH REQUIRES A PLUMBING SYSTEM WITH MORE THAN 250
27 FIXTURE UNITS OR WHICH COSTS MORE THAN $50 ,000 OR FOR ANY
28 STRUCTURE GREATER THAN 5,000 SQUARE FEET IN AREA WHICH IS
29 DESIGNED FOR PUBLIC ASSEMBLY.
30
31 556
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1 (c) FIRE SPRINKLER DOCUMENTS FOR ANY NEW BUILDING OR
2 ADDITION WHICH INCLUDES A FIRE SPRINKLER SYSTEM WHICH COSTS
3 MORE THAN $5,000 .
4 (d) HEATING, VENTILATION, AND AIR CONDITIONING
5 DOCUMENTS FOR ANY NEW BUILDING OR ADDITIONS WHICH REQUIRES
6 MORE THAN A 15-TON PER SYSTEM CAPACITY OR WHICH IS DESIGNED TO
7 ACCOMMODATE 100 OR MORE PERSONS OR WHERE THE SYSTEM COSTS MORE
8 THAN $50,000 OR FOR ANY STRUCTURE GREATER THAN 5 ,000 SQUARE
9 FEET IN AREA DESIGNED FOR PUBLIC ASSEMBLY. THIS PARAGRAPH
10 SHALL NOT INCLUDE ANY DOCUMENT FOR THE REPLACEMENT OR REPAIR
11 OF EXISTING SYSTEMS IN WHICH THE WORK DOES NOT REQUIRE
12 ALTERING A STRUCTURAL PART OF THE BUILDING OR FOR WORK ON
13 RESIDENTIAL ONE, TWO, THREE, OR FOUR FAMILY STRUCTURES.
14 (e) ANY SPECIALIZED MECHANICAL, ELECTRICAL, OR
15 PLUMBING DOCUMENT FOR ANY NEW BUILDING OR ADDITION WHICH ,
16 INCLUDES A MEDICAL GAS, OXYGEN, STEAM, VACUUM, TOXIC AIR
17 FILTRATION, HAYLON, FIRE ALARM, OR SECURITY AND SECURITY ALARM
18 SYSTEM WHICH COSTS MORE THAN $5, 000 .
19
20 NO SUCH DOCUMENT SHALL BE VALID UNLESS A PROFESSIONAL ENGINEER
21 WHO POSSESSES A VALID CERTIFICATE OF REGISTRATION HAS SIGNED,
22 DATED, AND STAMPED SUCH DOCUMENT AS PROVIDED IN S. 471.025.
23 (7) EACH LOCAL ENFORCEMENT AGENCY SHALL REQUIRE THAT
24 ON ALL THRESHOLD BUILDINGS:
25 (a) THE OWNER, UPON COMPLETION OF THE BUILDING, FILE A
26 CERTIFICATE WITH THE LOCAL ENFORCEMENT AGENCY, PREPARED BY AN
27 ARCHITECT OR ENGINEER, CERTIFYING THAT, TO THE BEST OF HIS
28 KNOWLEDGE, THE CONSTRUCTION COMPLIES WITH THE APPLICABLE CODES
29 AND THE INTENT AND DESIGN SPECIFIED IN THE PERMITTED
30 DOCUMENTS.
31 556
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CS FOR SB 556 FIRST ENGROSSED
1 (b) ANY PROPOSAL TO INSTALL AN ALTERNATE PRODUCT OR
2 SYSTEM TO WHICH BUILDING CODES APPLY, WHICH ALTERNATE PRODUCT
3 OR SYSTEM IS INSTALLED AFTER OCTOBER 1, 1983 , BE SUBMITTED TO
4 THE LOCAL ENFORCEMENT AGENCY FOR REVIEW FOR COMPLIANCE WITH
5 THE CODES AND MADE PART OF THE LOCAL ENFORCEMENT AGENCY'S
6 RECORDED SET OF PERMIT DOCUMENTS.
7 (c) ALL SHORING AND RESHORING PROCEDURES, PLANS, AND
8 DETAILS PREPARED AFTER OCTOBER 1, 1983 BE PREPARED BY AND
9 SEALED BY A FLORIDA REGISTERED ENGINEER; A SIGNED AND SEALED
10 COPY OF ALL SHORING DOCUMENTS , PREPARED AFTER OCTOBER 1, 1983,
11 BE SUBMITTED TO THE ARCHITECT AND STRUCTURAL ENGINEER AND THE
12 LOCAL ENFORECEMENT AGENCY; AND EACH SHORING AND RESHORING
13 INSTALLATION PERFORMED AFTER OCTOBER 1, 1983 BE SUPERVISED,
14 INSPECTED, AND CERTIFIED TO BE IN COMPLIANCE WITH THE SHORING
15 DOCUMENTS BY THE GENERAL CONTRACTOR.
16 (d) ALL PLANS FOR BUILDINGS AND STRUCTURES REQUIRED TO .
17 BE SIGNED AND SEALED BY AN ARCHITECT OR ENGINEER, WHICH ARE
18 PREPARED AFTER OCTOBER 1, 1983 , CONTAIN A STATEMENT THAT; TO
19 THE BEST OF HIS KNOWLEDGE, THE PLANS AND SPECIFICATIONS COMPLY
20 WITH THE APPLICABLE MINIMUM BUILDING CODES.
21 (8) NO ENFORCING AGENCY SHALL ISSUE A PRIMARY BUILDING
22 PERMIT FOR CONSTRUCTION OF ANY THRESHOLD BUILDING EXCEPT TO A
23 LICENSED GENERAL CONTRACTOR. THE NAMED CONTRACTOR TO WHOM THE
24 BUILDING PERMIT IS ISSUED SHALL BE HELD RESPONSIBLE FOR THE
25 ENTIRE PROJECT BY THE ENFORCING AGENCY.
26 SECTION 11. SECTION 553 .781, FLORIDA STATUTES, IS
27 REPEALED ON OCTOBER 1, 1991, AND SHALL BE REVIEWED BY THE
28 LEGISLATURE PURSUANT TO S. 11. 611, FLORIDA STATUTES.
29 SECTION 12. THIS ACT SHALL TAKE EFFECT OCTOBER 1,
30 1983.
31 556
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[illegible]
HIstory File
City of Cocoa Beach
ADMINISTRATIVE POLICY
SPECIAL INSPECTOR
1. The Special Inspector shall be retained by the owner of the threshold
building and shall be approved by the City.
2. The Special Inspector shall be an architect, structural engineer or
certified building inspector/official who is qualified under one of the
following:
a. Southern Building Code Congress International
b. Building Officials Association of Florida
c. Council of American Building Officials
d. Florida Statutes Chapter 471 , as an Engineer, or
e. Florida Statutes Chapter 481 , as an Architect
f. bade or Broward County Certification
3. The Inspector must submit along with his registration/certification, prior
to City approval , a resume which outlines his work experience. He must be
able to substantiate experience in the design , supervision and/or inspection
of structures of similar design and fabrication. Final decision of qualifi-
cations shall be made by the Building Official .
4. The Special Inspector and/or the company he represents shall maintain during
the term of any job, workmen' s compensation insurance , public liability
insurance in an amount of not less than $100,000 per person/$300,000 aggregate,
property damage insurance in an amount of not less than $50,000, motor vehicle
public liability insurance in an amount of not less than $100 ,000 per person/
$300,000 aggregate, and professional liability insurance,in an amount of not
less than $500,000 per incident/$1 ,000,000 aggregate. (Special Inspector shall
provide a copy of his certificate of insurance and specific policies involved
to the City Building Official prior to commencing performance of his duties
and responsibilities. Said insurance policies shall provide that the City ,
shall be entitled to fifteen (15) days prior written notice of any changes
or cancellation of said policies. Said policies shall remain in effect for 3 years
from the completion date of the last [illegible] the inspector has [illegible].
5. The Special Inspector stall be on the job at ALL times structural components
are being constructed or placed. ALL elements of structural installation
must be observed and approved by the Special Inspector.
6. The Special Inspector shall submit daily inspections/progress reports in
writing to the City for all time on the job site, related to structural
inspections.
7. Only those plans and specifications carrying the building department' s stamp
shall be used for inspections. No changes or deviations from the permitted
plans and specifications will be permitted until the architect or engineer
of record has cleared same through the building department.
8. Structural components are as follows: Compaction of fill , footings , piling,
pile caps, grade beams , floor slabs , bearing walls , columns , tie beams ,
lintels , reinforcing steel , shoring, reshoring, roof slabs , roof assembly,
stair assembly, all structural elements depending upon one another for con-
tinuity or support, and fire resistive structural components are included,
and any other specific requirement of Chapter 83-160, Laws of Florida
(CS/SB 556 - Senator Vogt) .
9. The City will maintain a copy of the daily reports as submitted by the
Special Inspector. These records will be sworn evidence of the inspector' s
findings during his review of the project work.
10. The City will accept any daily report from the Special Inspector that
provides the following information:
a. Report on company letterhead.
b. The date and time of inspection.
c. Job name and complete address.
d. Detailed report noting any and all changes and/or
corrections.
e. The inspector' s approval .
f. The signature of the Inspector under his/her
printed name.
11. The Special Inspector shall notify the Building Department immediately
when non-compliance is discovered and noted.
12. The City hereby agrees to convene a meeting with all interested parties
whenever a Stop Work Order is issued. Said meeting shall be at a reason-
able hour, within 24 hours of the Stop Work Order issuance.
13. The Special Inspector shall cooperate fully with the Building Department
and its authorized agents in the execution of its duties and responsibilities.
14. The Special Inspector shall be approved by all parties prior to the con-
struction of any structural components.
CITY OF CAPE CANAVERAL
BUILDING DEPARTMENT
AFFIDAVIT OF COMPLETION OF INSPECTIONS BY SPECIAL INSPECTOR
I, , Certification/Registration
# , Special Inspector for the building or structure
which has been constructed at , under the City of Cape
Canaveral Building Permit No. , do hereby certify that I have
inspected all structural elements put in place during construction of the afore-
said building or' structure, and found said structural elements to be constructed
and/or placed in accordance with the approved plans and specifications. I
further certify that I have submitted all required periodic reports and therein
have reported all inspections conducted by me and my findings upon each inspec-
tion. Additionally, I also hereby certify that all structural problems of which
I have notified the Building Department have been resolved in such a manner as
to bring the building of structures into conformity with the approved plans and
specifications.
Special Inspector
Subscribed and sworn to this day of 19
Notary Public
My Commission Expires:
CITY OF CAPE CANAVERAL
BUILDING DEPARTMENT
AFFIDAVIT OF COMPLETION OF CONSTRUCTION
I , , Registration # ,
do hereby certify that I am the contractor of record for the building or structure
located at and constructed under
City of Cape Canaveral Building Permit No. .
I further certify that to the best of my knowledge the aforesaid building or
structure has been constructed in accordance with the approved plans and speci-
fications and with the Building Codes of the City of Cocoa Beach and the Laws
of the State of Florida.
Contractor
Subscribed and sworn to this day of , 19 .
Notary Public
My Commission Expires:
CITY OF CAPE CANAVERAL
BUILDING DEPARTMENT
THRESHOLD BUILDING AFFIDAVIT
We, the Owner, Architect/Engineer, General Contractor and Special
Inspector, have reviewed the requirements of Chapter 83.160, Laws of Florida,
and agree to the following as it pertains to the threshold building to be
constructed at , under Building
Permit Number
I , , an Architect/
Engineer, duly licensed and registered with the State of Florida, Registration
Number , hereby certify that the plans and specifications sub-
mitted for this threshold building conform to the requirements of the Standard
Building Code and other applicable laws , codes and ordinances of CITY OF CAPE
CANAVERAL FLORIDA, as to the structural design, ingress and egress , type of con-
struction and general arrangement.
I , , the General Contractor,
License Number , hereby agree to certify upon completion of
this threshold building that the structure has been erected in accordance with
the architectural drawings and specifications , and the requirements of the
Standard Building Code. Further, I hereby agree that any and all conflicts
between the plans and specifications and the Standard Building Code will be
brought to the attention of the Architect/Engineer, Owner, Special Inspector
and Building Official . Finally, I understand that, as required by law, I assume
full responsibility for compliance with all provisions of the Standard Building
Page 2
Code and other applicable laws , codes and ordinances for the entire project.
I , , Special Inspector for the building
or structure to be constructed at
do hereby affirm that I qualify under Senate Bill 556 by Certification/Registration
Number , issued under the following:
( ) Southern Building Code Congress International
( ) Building Officials Association of Florida
( ) Council of American Building Official
( ) F. S. Chapter 471 as an engineer
( ) F. S. Chapter 481 as an architect
I understand that S. B. 556 requires that I be present at the site of construction
at all times when shoring or structural elements are being put in place and that I
am obligated to make all necessary inspections in accordance with State laws. I
further understand that I must file with the Building Department written reports
and that, upon completion of the building or structure, and before the issue of
a Certificate of Occupancy for the building or structure, I must execute and file
with the Building Department a separate Affidavit of Completion of Inspections.
Upon discovery of any deviation from the approved plans or any indication of
structural problems during the course of construction of the building or structure,
I will immediately notify the Building Department, contractor of record , and
architect or engineer, in writing.
Page 3
the owner of the threshold
building, hereby agree to pay all costs for the service of the Special Inspector
in the following manner.
to be paid
Futher, I hereby agree that upon completion of the building, I will submit
to the Building Official a certificate prepared by the respective architect and
engineers that the building complies with the requirements of the Standard Building
Code and other applicable laws , codes and ordinances. I understand that no sub-
stitute may be made for this Special Inspector without written permission from the
Building Official . I further understand that if the Special Inspector is not on
the job-site as specified by law, the Building Permit may be revoked by the
Building Official .
I , , Building Official of Florida ,
acknowledge the above-named Architect, Special Inspector and Owner for this threshold
building, and I hereby declare that all inspection reports by the Special Inspector
and the Certificate of Completion by the respective architect and engineers must be
filed before a Certificate of Occupancy shall be issued.
Owner General Contractor
Architect Special Inspector
Building Official
Sworn to and subscribed before me this day of , 19
Notary Public
My Commission Expires:
Page 4
RESUME FOR SERVICE AS SPECIAL INSPECTOR ON THRESHOLD BUILDING
1. NAME
Last First Middle
2. TITLE
3. JURISDICTION/FIRM
4. BUSINESS ADDRESS
Post Office Box/Street
City and State
Telephone ( )
5. HOME ADDRESS
Post Office Box/Street
City and State
Telephone ( )
Preferred mailing address Office Home
6. CONSTRUCTION AND CODE ENFORCEMENT EXPERIENCE
A. Jurisdiction/Firm
Title From To
Mo. Yr. Mo. Yr.
B. Jurisdiction/Firm
Title From To
Mo. Yr. Mo. Yr.
C. Jurisdiction/Firm
Title From To
Mo. Yr. Mo. Yr.
7. EDUCATION AND CERTIFICATION/REGISTRATION
A. Certification/Registration
Subject Date Certifying Organization
Subject Date Certifying Organization
Subject Date Certifying Organization
Page 5
B. EDUCATION
Curriculum Degree/Diploma Date Institution
Curriculum Degree/Diploma Date Institution
Curriculum Degree/Diploma Date Institution
8. REFERENCES
9. SPECIFIC EXPERTISE AND TRAINING QUALIFYING FOR INSPECTION
CONCRETE CONSTRUCTION
MASONRY CONSTRUCTION
STEEL CONSTRUCTION
WOOD CONSTRUCTION
Page 6
(OTHER - SPECIFY)
History File
City of Cape Canaveral
105 POLK AVENUE • CAPE CANAVERAL,FLORIDA 32920
P.O.BOX 326
TELEPHONE 305 783.1100
December 7, 1983
TODAY NEWS
P .O. Box 1330
Cocoa, Florida 32922
Gentlemen:
Please publish the following legal ad for one day on
Monday, December 12, 1983 and furnish affidavit as proof
of ad:
NOTICE OF PUBLIC HEARING AND PROPOSED ENACTMENT
NOTICE IS HEREBY GIVEN OF PUBLIC HEARING AND PROPOSED
ENACTMENT OF THE FOLLOWING ORDINANCE: .
ORDINANCE NO. 27-83
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA
AMENDING THE CITY CODE BY ESTABLISHING A NEW CHAPTER
TO BE ENTITLED "CHAPTER 6-2-O4 PECIAL INSPECTOR FOR
THRESHOLD BUILDINGS" ; BY DEFINING THRESHOLD BUILDINGS
AND PROVIDING GUIDELINES FOR THE QUALIFICATIONS OF THE
SPECIAL INSPECTOR; ADOPTING FLORIDA CHAPTER 83-160 OF
THE LAWS OF FLORIDA; REPEALING ALL PORTIONS OF THE CODE
IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
First reading and public hearing will be held on Tuesday,
December 20, 1983 at City Hall, 105 Polk Avenue, Cape Canaveral,
Florida at 7: 30 P.M. or as soon thereafter as possible.
Second reading and public hearing will be held on Tuesday,
January 3, 1984 at City H111, 105 Polk venue, Cape Canaveral,
Florida at 7: 30 P .M. or as soon thereafter as possible.
Interested parties may attend these meetings and be heard.
The Ordinance may be inspected at the office of the City Clerk
in City Hall.
Any person who decides to appeal any decision with respect
to any matter considered at these meetings will need to ensure
that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to
be based.
Sincerely,
[signature]
Patricia J. Beaulieu
City Clerk
ORDINANCE NO. 27-83
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,
AMENDING THE CITY CODE BY ESTABLISHING A NEW CHAPTER
TO BE ENTITLED "CHAPTER 620 SPECIAL INSPECTOR FOR
THRESHOLD BUILDINGS" ; BY DEFINING THRESHOLD BUILDINGS
AND PROVIDING GUIDELINES FOR THE QUALIFICATIONS OF THE
SPECIAL INSPECTOR; ADOPTING FLORIDA CHAPTER 83-160 OF
THE LAWS OF FLORIDA; REPEALING ALL PORTIONS OF THE CODE
IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
Page 1 of 2
Refer: FL-CH 83--150 (CS/SB 556 VOGT)
Bill should be adopted in its entirety with following additional
language for clarity and local enforcement.
Definitions
Special Inspector: The Inspector shall be a person certified,
licensed, or registered under the Building Officials Association
of Florida; the Southern Building Code Congress International;
Chapter 471, as an engineer; Chapter 481, as an architect; or
the Council of American Building Officials. All such persons must
have demonstrated and proven capability to inspect structural
components of threshold-type buildings.
Threshold Building: "Threshold building" means any building or
structure which:
(a) . has a total floor area exceeding 25., 000 square feet, or -
b) is greater than 2 stories or 25 feet in height, or
(c) has an assembly occupancy greater than 5,000 sq. feet, or
(d) is of unusual design or construction as determined by the
building official.
Exception: Residential structures 3 stories or less in height
and any building defined in S . 431-203 (7) or S. 481.229, F.S.
(agricultural buildings on farms; single family dwellings and
duplexes; and buildings costing less than $25,000 except schools,
auditoriums and other public use buildings.)
General Contractor: The . term "General Contractor" is specifically
defined in Section 489, F.S. and cannot be construed to include
building contractors.
General Provisions
1. The building owner shall negotiate for and pay the salary
of any required special inspector (s) .
2. The special inspector shall be qualified and be acceptable
to the building official .
3 . There must be an errors and omissions bond for one million
dollars posted by and for the special inspector, to the City
of Cape Canaveral.
Page 2 of 2
The salary for the special inspector will be certified as
"paid" , by form letter to the building official . The letter
to indicate name, location, permit number, hours and dates
worked, and amount paid. The letter to be submitted at the
end of each two-week period.
5. The special inspector will notify the building official in
order that a dual inspection can be made of all structural
components prior to "cover up" or pouring of concrete, etc.
6. The project engineer will sign a suitable form which indictes
he has inspected prior to the dual inspection and states
that "the plans have been complied with" for whatever stage
of construction is. occurring.
7. The building plans for threshold buildings must bear the
notation "these plans comply with minimum building codes",
and in addition an owner's certificate prepared by an
engineer or architect must state that "construction complies
with applicable codes and the intent and design specified
in permitted documents" .
8. The project engineer and general contractor shall
certify that all shoring and reshoring meets the sealed engineer
design prior to pouring any concrete.
Page 1 of 2
Refer: FL-CH 83--150 (CS/SB 556 VOGT)
Bill should be adopted in its entirety with following additional
language for clarity and local enforcement.
Definitions
Special Inspector: The Inspector shall be a person certified,
licensed, or registered under the Building Officials Association
of Florida; the Southern Building Code Congress International;
Chapter 471, as an engineer; Chapter 481, as an architect; or
the Council of American Building Officials . All such persons must
have demonstrated and proven capability to inspect structural
components of threshold-type buildings .
Threshold Building: "Threshold building" means any building or
structure which:
(a) has a total floor area exceeding 25, 000 square feet, or
(b) is greater than 2 stories or 25 feet in height, or
(c) has an assembly occupancy greater than 5, 000 sq. feet, or
(d) is of unusual design or construction as determined by the
building official.
Exception: Residential structures 3 stories or less in height
and any building defined in S . 431-203 (7) or S . 481. 229, F.S.
(agricultural buildings on farms; single family dwellings and
duplexes; and buildings costing less than $25,000 except schools,
auditoriums and other public use buildings. )
General Contractor: The term "General Contractor" is specifically
defined in Section 489, F. S. and cannot be construed to include
building contractors.
General Provisions
1. The building owner shall negotiate for and pay the salary
of any required special inspector (s) .
2 . The special inspector shall be qualified and be acceptable
to the building official .
3 . There must be an errors and omissions bond for one million
dollars posted by and for the special inspector, to the City
of Cape Canaveral.
Page 2 of 2
4. The salary for the special inspector will be certified as
"paid" , by form letter to the building official . The letter
to indicate name, location, permit number, hours and dates
worked, and amount paid. The letter to be submitted at the
end of each two-week period.
5. The special inspector will notify the building official in
order that a dual inspection can be made of all structural
components prior to "cover up" or pouring of concrete, etc .
6. The project engineer will sign a suitable form which indictes
he has inspected prior to the dual inspection and states
that "the plans have been complied with" for whatever stage
of construction is occurring.
7. The building plans for threshold buildings must bear the
notation "these plans comply with minimum building codes" ,
and in addition an owner' s certificate prepared by an
engineer or architect must state that "construction complies
with applicable codes and the intent and design specified
in permitted documents" .
8. The project engineer and general contractor shall certify
that all shoring and reshoring meets the sealed engineer
design prior to pouring any concrete .