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I SUMMARY HEARING OUTLINE FOR
CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS MEETING
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December 18, 2013
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Appeal:
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The Construction Board of Adjustment & Appeals (CBOAA) will consider S. Ken & Wanda
1 Lowery Gray's ("Appellants") appeal of Building Official Glenn Pereno's October 31, 2013
interpretation of the Florida Building Code rendered in response to the Appellants' building
1 permit application for a kitchen and bathroom remodel.
Authority:
Section 82-32(b) of the Cape Canaveral City Code provides that the CBOAA has the power to
I hear appeals of decisions and interpretations of the Building Official. Appeals from decisions of
the Building Official may be submitted to CBOAA when an owner claims one of the following
conditions exist:
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(1) The building official rejected or refused to approve the mode or manner of construction i
proposed to be followed or materials to be used in the installation or alteration of a
building, structure or service system.
(2) The provisions of this code do not apply to this specific case.
(3) That an equally good or more desirable form of installation can be employed in any
specific case. i
(4) The true intent and meaning of this code or any of the regulations thereunder have been
misconstrued or incorrectly interpreted.
The City Code requires the CBOAA to reach a decision without unreasonable or unnecessary
delay in every case. Each decision of the CBOAA shall include the Board's reasons for its
decision. If a decision of the CBOAA reverses or modifies a refusal, order, or disallowance of
the Building Official or varies the application of any provision of the Florida Building Code, the
3 Building Official is required to immediately take action in accordance with such decision.
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Decisions of the CBOAA are final, subject to any available legal remedies of aggrieved parties.
Limited Record:
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The CBOAA shall hear and consider the testimony and evidence of the Appellants as to why the
decision of the Building Official should be reversed or modified. It shall also consider the
testimony and evidence of the Building Official, including any authority and/or other documents
that the Building Official considered or relied upon when his decision was initially rendered.
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Fair and Orderly Hearing Procedure:
In order to provide a fair opportunity to be heard during the hearing, the Appellants and the
Building Official will be afforded a reasonable period of time during which to present their
respective cases. The order of presentation will be as follows:
I. Introduction by the Chairman
A. Hearing Procedure
B. Appeal Issues (as submitted by Appellants)
1. Whether a permit may be issued to the owner (Appellants) under
the owner-builder exception set forth in section 489.103(7), Florida
Statutes.
2. Whether a building permit is required to each and every aspect of
{ the proposed kitchen and bathroom renovation project given in the
scope of work.
3. If the answer to question 1. is "no," may the owner (Appellants)
complete the portions of the renovation not requiring a permit
before the permit is pulled?
IL Appellants to present substantive appeal argument
III. Building Official presents response to Appellants' argument
IV. Brief rebuttal by Appellants
V. Optional Closing Comments by Building Official
VI. Optional Closing Comments by Appellants
VII. Deliberation and Questions by CBOAA
VIII. Final Decision by CBOAA
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The 2013 Florida Statutes
489.103 Exemptions.—This part does not apply to:
(7)(a) Owners of property when acting as their own contractor and providing direct,onsite supervision themselves
of all work not performed by licensed contractors:
1. When building or improving farm outbuildings or one-family or two-family residences on such property for the
occupancy or use of such owners and not offered for sale or lease,or building or improving commercial buildings, at
a cost not to exceed$75,000,on such property for the occupancy or use of such owners and not offered for sale or
lease. In an action brought under this part, proof of the sale or lease, or offering for sale or lease, of any such
structure by the owner-builder within 1 year after completion of same creates a presumption that the construction
was undertaken for purposes of sale or lease.
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, w 4P, p 2010 Florida Buildin g Codes
...The 2010 Florida Building Codes wehsa.
You will be able to new the new The 2010 Fonda Budding Codes in an Adobe Reader'format.The files found on this site are Ina read only format and are not available for prindnp.
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COPYRIGHT 02011 by INTERNATIONAL C0DE COUNCIL,INC. ALL RIGHTS RESERVED.
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ae,a 2010 Florida Building Code Building
2010 Florida Building Code Residential
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2010 Florida Building Code Existing Building
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2010 Florida Building Code Energy Conservation
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2010 Florida Building Code Fuel Gas
sa2010 Florida Building Code Plumbing
2010 Florida Building Code Mechanical
2010 Florida Building Code Test Protocols
2012 Florida Accessibility Code
2010 Florida Building Code-Residential
Chapter 2-Definitions SECTION R202 DEFINITIONS
Building shall mean any one- and two-family dwelling or portion thereof,including
townhouses,that is used,or designed or intended to be used for human habitation,for
living, sleeping,cooking or eating purposes,or any combination thereof, and shall include
accessory structures thereto.
2010 FLORIDA BUILDING CODE--BUILDING
Chapter 2 -Definitions SECTION R202 DEFINITIONS
BUILDING.
Any structure used or intended for supporting or sheltering any use or occupancy
Chapter 3-Section 302 Classification
8. Residential: Groups R-1,R-2,R-3
and R-4
2010 Florida Building Code Existing Building
101.1 Title.
These regulations shall be known as the Florida Building Code,Existing Building,
hereinafter referred to as"this code."In addition to the provisions of this chapter,the
provisions of Chapter 1, Florida Building Code,Building, shall govern the administration
and enforcement of this code.
101.2 Scope.
The provisions of the Florida Building Code,Existing Building shall apply to the repair,
alteration,change of occupancy, addition and relocation of existing buildings.
Exception : For the purpose of public educational facilities and state licensed facilities, see
Chapter 4, Special Occupancy, of the Florida Building Code,Building
May an owner of a condo unit pull a building permit as owner for renovation of the unit if the
cost is less than $75,000?
Brevard County YES Do not need permit for scope or work
City of Melbourne YES
Flagler County YES
City of Palm Coast ?? Do not need permit for scope or work (did not answer question)
FACE- Florida Association of Code Enforcement- Board Members
City of Ft Myers YES "Please be advised that the following items do not require a
permit to be secured within the City of Fort Myers: Paint
(interior/exterior), Baseboards, Replacement of Floor Coverings
(tile, carpet, etc.), Bathroom Vanity, Kitchen Cabinets."
Alachua County YES
City of Ormond Beach YES
St.Johns County YES
City of Lakeland YES
Building Officials Association of Florida
City of Gainesville YES
• LABOR FORCE & EMPLOYMENT UTILITIES
(2011 Annual Averages)
Electricity Florida Power&Light Co. , (321)723-7795
Labor Force: 4,950 - —_ --- -- j
Natural Gas Florida City Gas (800)993-7546
\\\\ AT&T (888)737-6500
Telephone - ----__
Bright House t (321)854-3300
Water City of Cocoa (321)433-8400 �
Employed Unemployed Stormwater City of Cape Canaveral ' (321)868-1240 ,
4,499
423 Reuse Water City of Cape Canaveral ' (321)868-1240
1 POINTS OF INTEREST J
Unemployment Rate: 8.55'o
Source:Florida Agency for Workforce Innovation,unpublished data
• Over 4 miles of ocean and riverfront
LIST OF MAJOR EMPLOYERS IN BREVARD • Manatee Sanctuary Park-a 10-acre City park located on the
• The Boeing Company • Lockheed Martin Banana River with fitness trail, manatee viewing decks,pavilion
• DRS Technologies Inc. • Northrop Grumman Corporation with food service facilities and restrooms.
• Florida Institute of Technology • Raytheon Company
• Banana River Park-also located on the Banana River this 5-acre
• Harris Corporation • Rockwell Collins
• Health First • United Space Alliance park features a kayak launch into waters inhabited by manatees.
• Health Management Associates, Inc. • Cherie Down Park-a Brevard County park on the Atlantic Ocean
with showers, bathrooms,and lifeguard.
• Port Canaveral and Jetty Park north of the City.
HOUSING • Friday Fest Family Street Party-held on the first Friday of the
2011 MEDIAN SALES PRICE month, Friday Fest is a festival of activities including a variety of
$152,500 food vendors, novelty&craft vendors,children's activities,and live
Source:Space Coast Association of Reaftars entertainment along with beer and wine.
RESIDENTIAL BUILDING PERMITS ISSUED : _
RECENT/PLANNED ACTIVITY
■ (as of January 2011)
' 2002 186 12 336 L
2003 68 8 212
2004 47 + 60 609 • Ridgewood Avenue Streetscape Project-roadway improvements
2005 t5 I- 16 i 114 including an I ft. wide pedway,sidewalk and intersection upgrades,
2006 18 1 2 26 and solar lighting.
2007 9 I 0 i q • A.IA Multimodal Plan-FDOT is working with local governments to
! - V 1 --" transform SR Al A into a"boulevard"style roadway that emphasizes
2008 1
2009 4 p I 4 pedestrian& bicycle safety,transit facilities,and beautification
2010 0 1 0 j 0 i by providing a pedway, sidewalks,and pedestrian crossings;
�- - 4 lowering posted speed limits, undergrounding utilities,and
___.._2011 - 2 1.----__---�-------•_-,- 2 ! enhancing landscaping.
Source:U.S.Census Bureau
• North Atlantic Avenue Streetscape Project-planning and
[GOVERNMENT & TAXES I — preliminary engineering for improvements to North Atlantic
that will include a pedway,enhanced landscaping,and .
__-_ stormwater improvements.
Government Structure f Council/Mayor
I ---. --- 1. _ ___. • Renovations to Sheriff's Precinct-expansion and renovations have
Personal Income Tax NONE
I------------- __ . recently been completed to the Sheriff's Precinct in Cape Canaveral.
' Personal Properly(2011 city millage rate) 4.0739•
--.--_-_..--. -___- _ _.__ __ • New Fire Station-consultants are currently preparing conceptual
Personal Property(2011 total millage rate) 18.4716' _ .
- - -- ----.--- design and preliminary engineering for new fire station.
State Corporate Income Tax 5.5% j •Assisted Living Facility-a 288 bed assisted living facility has been
State Soles Tax 6 ' approved on West Central Blvd.
'Source:Brevard County Property Appraiser
COMMUNITY DATA FOR CAPE CANAVERAL
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Scope of Work&Cost Estimate:
1. Trim baseboards $ 72.00
2. Paint interior of unit 100.00
3. Install panels around tub 250.00
4. Install new locks&door knob 49.00
5. Install new bathroom vanity 100.00
6. Install new kitchen cabinets 1,705.00
7. Install new flooring 1,944.00
8. Plumbing 150.00
9. Electrical 200.00
Total Estimated Cost $4,570.00